The owners of the Wilson Street property where the Marr-Phillipo House is located have filed an appeal to the Ontario Land Tribunal over their site plan application to the city.
The owners of the Wilson Street property where the Marr-Phillipo House is located have filed an appeal to the Ontario Land Tribunal over their site plan application to the city.
The owners of the Wilson Street property where the historic Marr-Phillipo House is located have filed an appeal to the Ontario Land Tribunal for their site application.
The appeal comes in the wake of the tribunal’s decision in August 2023 to rezone the properties at 392-412 Wilson St. E. and Academy Street after a settlement hearing was reached between the owners and the city that allowed for an eight-storey, mixed-used development.
The tribunal has not scheduled a hearing on the application.
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Matt Johnston, principal with UrbanSolutions, which represents the owners, Spallacci Homes and Sergio Manchia of UrbanCore Developments, stated the site plan application was submitted to the city on Dec. 12, 2022. The appeal of the site plan application was filed on Oct. 25, “for the City’s failure to make a decision on the application within the statutory time frame of 60 days.”
A site plan approval is usually required for a prospective development for major building renovations or additions. The purpose is to review site design features. An approval “ensures” the city’s design requirements are met concerning site layout, street widening, parking, drainage and landscaping, states the city. The process, according to the city, takes four to six weeks from the time the application is submitted.
But part of the tribunal decision included a holding provision on the property requiring the owners to develop a functional services report to determine if the area has the necessary sewer capacity for additional residential units.
In the tribunal decision, the services report will be submitted to the city to address sanitary flow and water supply to determine if the development has “adequate capacity” within the current municipal infrastructure. Also, a “conceptual” outline of proposed stormwater management measures will be provided as well.
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If upgrades to the sewer infrastructure are required, the owners are to register on title of the lands an external works agreement with the city for the necessary improvements to the infrastructure with the owners paying the cost.
The holding provision does not impact the relocation of the Marr-Phillipo House, but the owner does need to complete the conditions on the stone building to receive a heritage permit application to move the house.
Jim McLeod, a resident in the area and a vice-president of the Ancaster Heritage Committee, sees the appeal as an “attempt to bypass” the site planning process. He said it doesn’t “appear” “that a finger has been lifted” by the owners to meet the 17 conditions to protect the Marr-Phillipo House. Council in 2022 agreed to a request from the owners to relocate the house to 15 Lorne Ave.
Johnston said the owner “looks forward” to working with city staff to establish a resolution to the appeal.
City officials, through Hamilton’s communications staff, did not want to comment on the appeal because it was before the tribunal.
is a reporter for Hamilton Community News (Ancaster News, Dundas Star News, Mountain News and Stoney Creek News). He can be reached at kwerner@hamiltonnews.com.
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