Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 22, 2022
CASE NO(S).: OLT-21-001631, OLT-22-002501 (formerly PL200201)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Burgess Heritage Group Inc. Subject: Request to amend the Official Plan - Failure of Town of Grimsby to adopt the requested amendment Existing Designation: Neighbourhood Commercial Areas Proposed Designated: Site Specific (To be determined) Purpose: To permit a 5-storey mixed use building Property Address/Description: 133 and 137 Main Street East Municipality: Town of Grimsby Approval Authority File No.: 26O-16-1901 OLT Case No.: OLT-21-001631 Legacy Case No.: PL200201 OLT Lead Case No.: OLT-21-001631 Legacy Lead Case No.: PL200201 OLT Case Name: Burgess Heritage Group Inc. v. Grimsby (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Burgess Heritage Group Inc. Subject: Application to amend Zoning By-law No. 14-45 - Refusal or neglect of Town of Grimsby to make a decision Existing Zoning: Neighbourhood Commercial Proposed Zoning: Site Specific (To be determined) Purpose: To permit a 5-storey mixed use building Property Address/Description: 133 and 137 Main Street East Municipality: Town of Grimsby Municipality File No.: 26Z-16-1904 OLT Case No.: OLT-21-001632 Legacy Case No.: PL200202 OLT Lead Case No.: OLT-21-001631 Legacy Lead Case No.: PL200201
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Applicant and Appellant: Burgess Heritage Group Inc. Subject: Demolition of a building or structure on property designated pursuant to s. 29 of the OHA Property Address/Description: 133 Main Street Municipality: Town of Grimsby Approval Authority File No.: HG 22-01 OLT Case No.: OLT-22-002501 OLT Lead Case No.: OLT-22-002501 OLT Case Name: Burgess Heritage Group Inc. v. Grimsby (Town)
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Applicant and Appellant: Burgess Heritage Group Inc. Subject: Alteration on property designated pursuant to s. 29 of the OHA Property Address/Description: 133 Main Street Municipality: Town of Grimsby Approval Authority File No.: HG 22-01 OLT Case No.: OLT-22-02541 OLT Lead Case No.: OLT-22-02501
Heard: April 8, 2022 via video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Burgess Heritage Group Inc. | J. Shapira K. Pirak |
| Town of Grimsby | T. Halinski |
| Losani Homes | W. Liske |
DECISION DELIVERED BY STEVEN COOKE AND ORDER OF THE TRIBUNAL
1This hearing was a first Case Management Conference (the “CMC”) for an application that was appealed under s. 33(9) and 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18. It was also a third CMC for the two Appeals under s. 22(7) and 34(11) of the Planning Act scheduled in the CMC Decision of the Tribunal issued on October 13, 2021.
2This appeal is in conjunction to other appeals before the Tribunal for failure of decision by the Town of Grimsby (the “Town”) to amend the Official Plan and Zoning By-law to the property municipally known as 133 and 137 Main Street East (the “Subject Site”).
3Burgess Heritage Group Inc. (the “Appellant”) has proposed to intensify the Subject Site with a five storey building with 148 residential units and 305 square metres of ground floor commercial space. The subject site has identified heritage implications on the western portion (133 Main Street East) and the eastern aspect is currently a vacant lot (137 Main Street East).
4The Parties requested that the hearing of the merits for the appeals that fall under the Heritage Act be held in conjunction with the appeals that fall under the Planning Act. The Parties indicated a desire to have the appeals heard together to efficiently use that Tribunals calendar. The Tribunal accordingly directs that the Heritage Act and Planning Act appeals identified in these Titles of Proceedings be heard together and governed by Rule 16.3 of the Tribunal’s Rules of Practice and Procedure.
5The Parties requested a date to hear a motion regarding whether Notice was properly issued. A date for the motion is scheduled to proceed by video on Friday, July 8, 2022 at 10 a.m. Should the Parties come to an agreement that no longer requires a motion this date can be converted into another CMC or settlement hearing.
6Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/687587165
Access code: 687-587-165
7Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373. The access code is 687-587-165.
9Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10No further notice is required.
11The Member is not seized.
12So Orders the Tribunal.
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.