Christine Whelan FEO, March 30, 2023, VOL. 4 ISSUE 16
The room was filled with local residents on the evening of Monday, March 6 for the Council-in-Committee Meeting, patiently waiting. They were there to oppose the proposed Zoning By-law Amendment application for 4409 Erie Road in Crystal Beach.
A report had been provided that presented information to Council with respect to the proposed Zoning By-law Amendment application.
The application was submitted by Mary Lou Tanner of NPG Planning Solutions Inc., Agent for Bryan Keenan of Crystal Beach Cottages Inc., Owner of the subject property.
According to the report, the application proposed to demolish the existing one-storey single detached dwelling, retain the existing two-storey single detached dwelling and rezone the subject property to facilitate the development of eight new residential dwelling units.
As the proposed lot would only have partial frontage on a private street, the Applicant was also requesting relief from Subsection 6.5 of the Zoning By-law, which requires a lot to front entirely upon an improved public or private street.
Further, as a portion of the existing dwelling is located within the Hazard (H) Zone, the Applicant was requesting to adjust the Hazard Zone boundary line, such that it is set back 1.50 m from the south face of the existing dwelling.
Five Main Areas of Concern
Information was gathered prior to the meeting resulting in five main areas of concern being brought to the table.
Short-term rentals, application timelines, natural heritage acquisition of waterfront lands, and hydrogeology were addressed in the report and in the presentation.
Residents Fight For Their Community
Members of the public who were in opposition to the proposal were invited to step, one at a time, to the podium.
Robin Bronstein, a summer resident and neighbour of the subject property since 2014, provided a PowerPoint presentation.
“We’re in it for the long run here,” explaining that his wife’s family has been in the area since the 40s and his from the 50s.
He presented a photo of his lawn, completely submerged in water along with the subject property — a large pond with a long, straight driveway running down the middle. He showed photos of the same flood throughout the seasons.
“This is a regular event. In a wet year, we have two dry months. In a dry year, we might have four.”
Robin broached questions to the mayor and council, as a part of his presentation.
Should the south side of Erie Road be the focus of intensification? His research showed that the intensification has been focused on the north side of Erie Road
What will be the potential cumulative impact on the environment, meaning, the water, wildlife, and beaches? He reminded council that this issue has recently been addressed through the adoption of the Crystal Beach Secondary Plan and that the stormwater management in that area is the ditch across the road.
A photo was shown of the ditch across the road, a ditch that could not take anymore. There was also a photo proving that the ditch was connected to the wetlands beyond it.
Robin’s main concern was that this move in development would set a precedent.
Kathryn Malony, a next door neighbour on Erie Road, spoke on behalf of herself, her parents, her siblings and their 19th-century property. “We ask that you do not approve the presenting amendments.” She stated that the proposal is out of character with the neighbourhood.
Kathryn said she strongly supports everything Robin presented, particularly regarding issues around the water displacement, and asked, “Is the town prepared for this kind of development?”
Cheryl Schonewille, a Crystal Beach resident, asked for an environmental impact report, focusing on the protection of the Fowler Toad.
Don Lubberts approached the podium as a former town councillor of 12 years, once representing the residents of Crystal Beach in Ward 5. “After listening to the consultant, the developer and the lawyer, I’ve got a couple of questions.”
Referring to the report, he asked about parking. Two parking spaces per unit, but “all in the garage”. Is the parking only in the garage? And where would visitors park?”
He addressed the water issue. “According to the report, the lake is five feet below the land.” Then, referring to the water flooding the property, “So, it can’t be coming from the lake. Is it coming from across the road, from the provincially significant wetlands? Is the water going to be pumped off the land and into the lake?”
Lubberts addressed the cutting of the trees that, in the report, Town Staff confirmed that the cited tree removal occurred over the weekend of October 1st, 2022, whereas the formal Zoning By-law Amendment application was submitted on October 28th, 2022.
And once questions were asked, Don Lubberts stood in front of council and Mayor and spoke from his Crystal Beach heart and for the residents who stood behind him, those who represented the Beach they called home, giving a speech that ended with, “And if we have to appeal, that’s money well spent, in my view.”
Bill Heussler, another neighbour on Erie Road, spoke with equal passion. “Zoning laws are there to ensure the common good and general well-being of the entire community.
“They said they did their research and a community within a community makes sense. They said they’ll do it in a respectful way.” He looked up at Council. “I see no respect through this process.”
He too addressed the parking issue, and the ten large trees that were cut down last fall, ending with, “I urge you to not approve this proposed zoning change as it will have a long and lasting negative effect on this neighbourhood and community.”
Sarah Fox and her two sisters are fourth-generation summer residents of Bay Beach. “We live in a house that was built by our great-grandfather in 1894 on Erie Road. It’s one of the first, if not the very first, houses constructed on the Bay Beach waterfront. Like some of the neighbours here, we have very deep and long standing roots in this community.”
She wanted to amplify the previously stated concerns. “We are aware that the Town is under pressure from the province to intensify residential development. We recognize and appreciate the benefits of increased housing development has brought to Crystal Beach and to Ridgeway in the form of new shops, and new restaurants. We’re, by no means, opposed to further development in this town. But we believe strongly that care must be taken to ensure that we do not make decisions that will have an irreversible effect on the future of this community.”
Sarah shared that they also own the land directly north, across the road from 4409. “We maintain the property for conservation purposes. It’s environmentally sensitive and has been designated as a significant, natural area.”
Julie-Marie Innes, also a neighbour on Erie Road, addressed the developer from a different angle. “Our mental health is not at the forefront of your plan.”
She complimented everyone involved in the proposed development with all the work they’ve put into their plans, “There’s something missing, though. Your heart and your humanity.”
While reaching her arm back, referring to the silently listening crowd behind her, the ardent resident declared, “We will stand in the face of this proposal.”
Innes wrapped up by urging council to “stop this in its tracks, do the right thing and consider a Plan B”.
Sarah Moloney addressed the mayor and council, asking about public safety and financial aspects.
Wrap Up
Those in the room were reminded of the process, “This is an information report. The next step is that the staff present a recommendation report to council.”
Tom Lewis, Councillor for Ward 5, Crystal Beach, spoke. “It truly does take a village. That’s what certainly came to my mind when speaking with a number of residents this week.” He had taken dozens of calls from who he referred to as neighbours of Erie Road and residents within the community.
“I look forward to the staff report.” He remarked that the passion he witnessed is part of why we call this community home.
Two Weeks Later
At the Council-in-Committee Meeting, on March 20, as the last items of the agenda were quickly winding down the four-hour meeting, the recommendation report, provided by Town Staff, was brought forth.
Councillor Dubanow presented, “For the report PDS-2523, a proposed Zoning By-law Amendment for 4409 Erie Road, the recommendation is that council denies the amendment to the town zoning by-law #12990 as detailed in the report.
“Can I get a mover for that?” Dubanow asked. Mayor Redekop showed a hand.
“Are there any questions or comments from council?” None.
“All those in favour?” All hands up in unanimous response.
Council denied the proposed Zoning By-law Amendment application for the following reasons:
– the proposal does not consider the character of the surrounding established residential neighbourhood;
– the subject property and waterfront properties along Lake Erie more generally were not identified for infilling and intensification;
– the proposal does not provide for appropriate open space on-site; and
– the property is not located within convenient walking distance from the elements of a traditional neighbourhood.
The videos of these meetings can be viewed through the Town of Fort Erie website. Go to forterie.ca, click on the YouTube icon at the top of the page, and then click Live for a collection of recent meeting videos. The reports can be viewed through the Government / Agendas & Minutes section of the site.
