The City of Hamilton says its tree bylaws were not violated by clearing a right-of-way last month at 711 York Rd. in Pleasant View, so there will be no fines for the action.

After concluding a six-day investigation of the Feb. 26 tree clearing that surprised many familiar with the Pleasant View area, city spokesperson Allison Jones announced there would be no fines. The Niagara Escarpment Commission (NEC), however, continues its own investigation into the incident.

“The investigation under the City’s tree bylaws confirmed no violation had occurred and Licensing and Bylaw Services will not be issuing charges in this matter,” Jones said. “The file is closed.”

That does little to satisfy residents and supporters of the Pleasant View area, which is protected by restrictive planning policy limiting development to lots of at least 10-hectares with minimum 135-metres of frontage.

Jones said a 2007 committee of adjustment decision permits clearing of a 30-foot by 408-foot right-of-way through 711 York Rd. to 715 York, north of the property. According to Jones, there is currently no development approved or under review for either property.

Area resident Peter Hurrell said he doesn’t see how a 13-year-old approval could be valid, particularly in light of an Ontario Municipal Board ruling that required 10 hectare lots, with 135 metres of frontage, for single family homes, as well as Niagara Escarpment Commission oversight, and ongoing development of a Cootes to Escarpment EcoPark in Pleasant View.

“This is not just about a tree cutting bylaw,” Hurrell said. “A road was opened up prior to development without the city or the NEC being notified or permits applied for. The residents of Pleasant View have not come this far to see piecemeal development start here again.”

The former Town of Dundas passed a site-specific zoning exemption for 711 York Rd.in November 1999 to permit development on a minimum lot area of 1.4-hectares with 91-metres frontage. This conflicts with planning policy for the Pleasant View area, which requires 10 hectare lots.

Meanwhile, NEC spokesperson Danielle D’Silva said the commission continues to investigate.

“Although the City of Hamilton has notified you that their investigation has concluded, the NEC is still looking into this file and we remain unable to comment until we have completed our analysis,” D’Silva said.

Jen Baker of the Hamilton Naturalists’ Club said the organization hopes the NEC stays involved, and the club supports the minimum 10-hectare lot size.

“These policies need to be followed and respected,” Baker said. “We’re concerned that the city is saying this is not a violation and are even more concerned about what might be coming — because why else would the owner cut the trees?”

Baker said the property is part of an important wildlife corridor and must be kept intact.

“If removing trees in an important wildlife corridor does not violate policies, the city should change its policies to help demonstrate its commitment to addressing the climate crisis,” Baker said.

It’s the second time in more than a year that city staff shocked onlookers with surprising planning decisions within Pleasant View.

In early 2019 the planning department incorrectly issued site plan approval and a building permit for a home at 10 Newman Rd., just around the corner from 711 York Rd., that contracted its own zoning bylaws and NEC planning policy.

That building permit was revoked in July 2019, three months into the home’s construction.

Jones said four of five conditions placed on a 711 York Rd. right-of-way approval by the city’s committee of adjustment in February 2007 were satisfied by a previous owner within a one-year deadline.

According to Jones, one of the requirements — a variance to permit an accessory structure, apparently on 711 York, but possibly on 715 York — was abandoned in writing by the owner at the time.

“As the applicant opted not to pursue constructing an accessory structure on the property, condition four that required a variance to permit the structure was no longer required,” Jones said.

Another condition was an access permit from the city’s Traffic Engineering & Operations Section, but public works spokesperson Emily Trotta said no documentation on such an application or permit could be found because the department only saves records for seven years.

The owner in 2007, Gedi Paltarokas died in 2010. His wife, Rose Ann, died in 2016. The couple operated Gedas Motors in Waterdown. Their plans for 711 and 715 York remain unclear.

Dave Sohal, who sold the property to current owner MMS Marketing in January 2020 for $75,000, said he only owned the property for a few months

“I got rid of that,” Sohal said, adding he was not aware of any ability to clear trees or develop the properties

MMS Marketing, and its president Habib Alayche, have not responded to requests for comment.

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STORY BEHIND THE STORY

We have been investigating issues around tree cutting at 711 York Rd. in Pleasant View and received an update from the city.