The owner of 715 York Rd. apparently had permission, with a 13-year-old approval granted to a previous owner by the City of Hamilton’s committee of adjustment, to clear a 30-foot by 400-foot right-of-way through 711 York to access 715 York to the north.

MMSA Marketing Inc., which bought 715 York for $75,000 on Jan. 15, 2020, began clearing that right-of-way last week and was stopped by the city.

City planning department spokesperson Allison Jones said all conditions for the right-of-way through 711 York were satisfied, but 715 York does not comply with frontage and minimum 10-hectare lot size requirements for development. She said there are currently no applications to develop either property. Jones said there are no applications for variances to the zoning of 715 York.

Meanwhile, 711 York already has a site-specific zoning exemption to permit development on a 1.4-hectare lot with 91-metre frontage. But it’s not clear how this can be in effect as it contradicts the more restrictive Niagara Escarpment Plan’s requirement for a minimum 10-hectare lot, which normally supersedes municipal bylaws.

Niagara Escarpment Commission spokesperson Danielle D’Silva said Monday she couldn’t comment because the commission is “currently working with the City of Hamilton to obtain more information on this situation.”

Jones said city staff are also waiting for data being gathered by the NEC.

A representative of Mother Earth Tree Services, which did the tree clearing on Wednesday, Feb. 26, said Zeina Homes hired them for the project, and directed any questions to the homebuilder.

Ali Alaichi of Zeina Homes stated in emails to the Dundas Star News that Zeina does not own either of the properties and MMSA Marketing hired Zeina’s contractor, Mother Earth Tree Services, “to clear up bushes and make access road to the property 715."

"We have been informed that MMSA and Mother Earth Tree Services are communicating with the City of Hamilton and other organizations that might be involved in this regard. To our knowledge, MMSA has no present or future development plans,” Alaichi stated in an email.

Alaichi would not share contact information for MMSA, or its president, Habib Alayche. He said the owner of 715 York Rd. did not want to make any comment at this point.

MMSA Marketing, and Habib Alayche, could not be reached for comment by deadline.

Other directors of Zeina companies include Mohammad Alayche and Kamal Alayche. Zeina Homes was founded by the late Mustafa Alayche.

On Monday Jones said city staff met with Niagara Escarpment Commission staff at the York Road site on Friday, Feb. 28 and she is waiting for “NEC to gather their data” before moving forward to investigate whether the tree clearing broke any municipal bylaws.

Check www.hamiltonnews.com for updates to this story.