We thought it timely to provide an update on the upcoming OLT hearing on the proposed Marotta subdivision.
In our last update, we noted that Council had reversed part of its December 15 resolution and decided to not make available a portion of the Heritage Trail for an access to Mr. Marotta’s proposed Rand Estate subdivision. That decision was welcomed across NOTL. While we still don’t know where the idea originated, it was always a bad idea. Mr. Marotta bought an access-constrained site knowing full well what he was acquiring; it is not the Town’s job to sort that out for him.
Earlier this week, Council unanimously endorsed a Character Area Study for the Rand Estate and the surrounding area, as well as an Official Plan amendment implementing the Study’s recommendations. We congratulate Council on completing this initiative, which began under the previous Council.
We are now closing in on the Ontario Land Tribunal hearing, which is scheduled to start on April 9, 2024. The evidence of all the parties has been filed, other than the visual evidence, which will be filed next week. Unfortunately, in spite of the request of both SORE and the Town, the hearing will be electronic. We will provide more details closer to the start date.
In response to the myriad concerns surrounding the access originally proposed by Mr. Marotta up the 200 John panhandle, he has now tendered an alternative access in the evidence filed with the Tribunal. That access is, however, still subject to most of the same concerns and raises new ones given its proximity to the Rand House and its proposed use of part of 176 John Street. The Town and SORE continue to oppose that access and will ask the OLT not to approve it at the upcoming hearing.
There are many other things very wrong with the Marotta proposal. It continues to decimate much of the remaining protected heritage attributes on the Rand Estate contrary to the Denise Horne report endorsed by Council in an overflow meeting at the Community Centre last April 24. It also seeks permission to build close to 200 houses on perhaps the most important heritage estate lot in Old Town. Both the Town and SORE have filed plans with the OLT showing how a more appropriate subdivision could be created with about half that density.
Yesterday, counsel for the Town wrote to Mr. Marotta’s lawyers advising that the Town will seek dismissal of the current application from the OLT, but provide Mr. Marotta with the opportunity to bring back an application that addresses the many deficiencies and issues with the current one. SORE fully supports that approach. Mr. Marotta could save the Town (and SORE) a lot of hearing costs if he would simply adopt the essence of the demonstration plans filed with the OLT by both the Town and SORE. We are not holding our breath unfortunately. The full text of the Town’s letter to Mr. Marotta’s lawyers is set out below.
At the above-noted hearing, the Town will ask the Tribunal to:
Lawyer for NOTL to Mr. Marotta’s lawyers re OLT hearing, sent March 27, 2024.
Dismiss your client’s appeals; and
Withhold its final order for six (6) months.
If the Tribunal accepts the Town’s case and concludes that your client’s appeals should be dismissed, its findings, I expect, would require your client to secure an appropriate access from a neighbour. Coupled with other Tribunal findings, a complete redesign would be required.
The six (6) month period is intended to provide your client the opportunity to submit a redesign in accordance with the Tribunal findings. Minutes of Settlement with the parties would presumably result and be filed with the Tribunal within the six (6) months. The final Tribunal order would then issue.
If your client had no intention to submit a redesign in accordance with the Tribunal findings, your client would so advise the Tribunal within 1 (one) month of the Tribunal Decision and the dismissal order would issue.
I trust the Town’s position is clear.
It’s been a long journey to get to this point. We thank you for your continued interest and support.
SORE believes the manner in which the Town has handled the Rand Estate sets, and will continue to set, an important precedent in relation to the other development pressures and applications currently in front of Council. We very much appreciate Council’s support in this regard.