Our readers will recall that in October 2024, the OLT delivered a definitive rebuke to Benny Marotta’s proposed Rand Estate subdivision after an 8-week hearing and sent him back to the drawing board. The Tribunal invited Mr. Marotta’s company Solmar to come back with a revised proposal that addressed the numerous fatal heritage, traffic safety, natural environmental and planning concerns it identified with the proposal.
The decision was a complete win for the Town and SORE.
The Tribunal accepted the Town’s and SORE’s evidence that the proposal would have unacceptable adverse effects on the many built and cultural heritage attributes of Randwood, in particular the Dunington-Grubb designed landscape features and the mature trees which it held constituted part of the protected cultural heritage attributes of the Estate.
The Tribunal also held that the proposed 200 John panhandle access was completely unworkable from a traffic safety perspective, that the viability of the proposed Charlotte St emergency access had not been demonstrated and advised the Marotta company to look for an alternate access, in particular the historic access between 144 and 176 John St E.
Instead of accepting the Tribunal’s invitation to come back with a conforming proposal, Solmar appealed the OLT Decision to the Divisional Court. A hearing was finally set for April of this year only to see Solmar finally withdraw its appeal as the court date approached. Solmar has now paid SORE and we assume the Town significant costs for the privilege of withdrawing its appeal.
We always viewed the Marotta court appeal as purely tactical – to buy some time while Mr. Marotta regrouped and possibly negotiated with the Town. The OLT Decision was exceptionally well-reasoned, thorough and definitive and the panel Chair was a senior OLT member. The Solmar appeal was basically just re-arguing a case the OLT had already rejected and in our view the Court would have made short work of it. This is just the latest of several instances over the last 9 years where Mr. Marotta appealed a tribunal or court decision on Rand he doesn’t like only to withdraw his appeal on the doorstep of the hearing.
The OLT Decision is now final. It sets out clearly what should and should not be permitted at Randwood in terms of future development. The Town and the community made a very significant investment before and at the OLT to ensure that result.
We understand that Mr. Marotta will be coming back with yet another proposal for development at the Rand Estate. We would like to think after withdrawing his appeal of the OLT Decision that he has finally agreed to stop fighting and come to the table with a proposal that accepts the major constraints that the OLT has put on this important heritage property. We are not holding our breath.