Following is the text of a letter sent to NOTL Town Council on Jan. 29:
Good Afternoon Council.
We note an in-camera meeting concerning the Rand Estate is on the Council agenda for January 31st. We write concerning two matters.
- The NOTL Official Plan passed by Council in 2019 requires a “special study” concerning lands that are the subject of the Marotta Rand subdivision proposal. The Town hired the well-known and highly regarded Urban Strategies firm in 2022 to conduct that study. SORE’s understanding is that the study is complete, or essentially complete, and that it was to have been released for public consultation in January of 2023. We have received many questions about the status of this study. Can you please provide an update on when the study will be released?
- We expect that Council will be soon asked about continuing with the Heritage Act prosecution of Solmar/Two Sisters for the outrageous 2018 clear-cutting of a large swath of the Rand Estate. That prosecution was stayed by a Justice of the Peace in October for delay in bringing the charges to trial.
While we have regretfully yet to see a written copy of the JP’s decision, we have great difficulty believing that a judge will support that decision on appeal. The courts were shut down for the better part of two years during covid and we understand that any additional delay in setting a trial date was due to the appeal of the Darte Council designation by-laws that Solmar/Two Sisters had initiated with the Conservation Review Board before the clear cutting in question. As a public interest prosecution concerning one of the most important properties in NOTL, we are confident that properly argued, the JP’s decision will be overturned and a trial on the merits can occur. The legal work on the appeal has presumably already been done or largely done.
There is significant public interest in seeing this matter proceed. The Marotta companies should not be allowed to profit from or escape the consequences of this wanton destruction of a designated heritage landscape. We remind Council that should the Town be successful in the prosecution, any illegally destroyed landscape can be ordered reinstated at the Marotta companies’ expense.
We thank you for your continued engagement and support. A copy of this letter will be posted on our website and distributed to our many hundreds of supporters.
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[email protected]
SORE Association
Niagara on the Lake, Ontario L0S 1J0
Heading OLT Update
SORE supporters are reminded of the Ontario Land Tribunal case management conference on Feb 14, likely at 10 am. We will provide more information shortly.