The township has revoked a building permit after the owners of a Moorefield-area property cut down a line of trees they had been requested to maintain under a condition of a minor variance.
The minor variance allowing Dennis and Tiffany Gleeson to construct a residence at Concession 10, Part Lot 10 (Maryborough) was granted by the Mapleton Committee of Adjustment on Jan. 9.
The variance was granted to reduce from 393 to 180 metres the Minimum Distance Separation requirements from a barn on the nearby property of Alwyn and Lori Woodham.
The committee’s written decision stated “the following conditions be requested: the existing southeast tree line be maintained.”
However, all the trees along the southeast tree line, on the Gleeson property were cut down on April 2.
At the April 9 council meeting, the Woodhams appeared as a delegation to council and provided photographs of the Gleesons’ lot.
“You can clearly see there is not one tree left standing on that land,” said Lori Woodham, who estimates over 500 trees were cut down.
She noted she had been advised in an email from Mapleton CAO Patty Sinnamon that the Gleesons’ building permit had been revoked on April 3 and the township has requested “a formal tree planting plan be submitted by a certified forester or arborist indicating the height, width and type of trees to be replaced.”
In the email, Sinnamon stated the plan would need to be approved by the municipality. She also noted the township is requiring a written agreement, which will be maintained on title, “indicating the tree line will be maintained.”
The township is also requesting the distance between the existing barn on the Woodhams’ property and the residential dwelling on the Gleeson property be “pinned” through an Ontario Land Surveyor.
Sinnamon indicated the building permit would not be re-issued until all the conditions are met.
The dispute over the tree line was the latest controversy over building permit applications regarding several lots in that part of the township.
The lots, created in the 1970s, are within MDS 1 range of an unoccupied livestock barn on the Woodhams’ property. However Mapleton’s new comprehensive zoning bylaw waives MDS 1 requirements for existing lots that are less than 9.9 acres. The bylaw was originally passed in July of 2010, but did not come into effect until June of 2012 due to an OMB appeal on an unrelated matter.
Committee of adjustment rulings on Jan. 9 cleared the way for construction on the lots and there were no objections filed with the Ontario Municipal Board by the Jan. 29 deadline.
Lori Woodham told council the couple declined to pursue the matter “because of the natural odour, sound and aesthetic look of the tree line buffer that was in place.” She added, “We can not help but wonder what the outcome would have been without the trees in the first place.”
The Woodhams presented council with a series of written questions, including “what are the consequences for clearly not meeting the requirements set forth in the committee of adjustment decision,” and “What is the next step that council is going to take?”
Sinnamon noted the revocation of the building permit, “is a consequence.”
Mayor Bruce Whale said the rest of the Woodhams’ questions would be better addressed at a future meeting, after council was able to get further information from the Wellington County planning department and the committee of adjustment. Council agreed a special meeting might be necessary.
Councillor Jim Curry said he didn’t feel it was council’s role to “act as judge and jury” in the dispute.
Sinnamon agreed it’s the role of council and committees to make policy, while “enforcement” is up to staff.
Although not on the agenda to address council on April 9, the Gleesons were present at the meeting. Councillor Neil Driscoll suggested they be allowed to address council if they desired. Dennis Gleeson indicated he would be interested in addressing council, but a motion to allow him to do so was defeated.
He declined to comment when contacted by the Community News.
