Addtions 2008/06/23 ADDITIONS TO COUNCIL. MONDAY JUNE 23 2008
Community Services
1. BBS-2008-01 -Update on Stamford Green Drive Complaint
a) Correspondence from Rocky Vacca
b) Email from Councillor Janice Wing
2 R-2008-24 -Recreation Property and Building End Use Update
a) Correspondence from Victor Ferraiuolo
2 TS-2008-38 Request to Park on Boulevard
a) Letters from Mark DeMarco
Council
Planning Matters
1 PD-2008-56 -Official Plan & Zoning By-law Amendment Application
6586 Thorold Stone Road
Conversion and Expansion of an Existing Dwelling into a Commercial Use
a) Correspondence from Brian Sinclair, Q.C
2 PD-2008-61 -Zoning By-law Amendment Application
4354 Drummond Road & Portage Road
a) Correspondence from William Amadio, Broderick & Parnters
Communications
1 Letter from Rebecca Peters, Martin Sheppard Fraser LLP
re 6335 Crawford Street
By-laws
1 Amended By-law 2008-105.
Information for Council
1 Information Open House, Patrick Cummings Memorial Sports Complex, Thursday, June
26, 2008
2. Memorial Bench Unveiling, A tribute to Sam lorfida, Saturday, June 28, 2008 at 10 00
a.m
3 Niagara Region invitation to attend public open house on Level of Service and Rate
Study.
4 Invitation to attend the second Public Information Centre for Thorold Stone Road
Extension Class EA study, June 26, 2008.
FW: Ternaca Page 1 of 2
Bean gorfida - FW: Terriaca
From: "Rocky Vacca" <rvacca@sullivan-mahoney.com>
To: <diorfida@niagarafalls.ca>
Date: 6/20/2008 12:10 PM
Subject: FW: Temaca
Attachments: FaxLetter.Mayor-Iorifda.June20.doc
Dean,
As per my voicemail message this morning, kindly forward the attached letter to the members of the Community
Services Committee in advance of their consideration of Report BBS-2008-01 at the meeting on June 23, 2008
Although the letter does not specifically address the report, as it was prepared prior to the report, we are
requesting that City staff be directed to take certain measures as set out in my letter to investigate and enforce a
number of violations of various by-laws I understand that Mrs Terriaca wishes to address the Committee and
therefore I would ask that she be put on the agenda accordingly
Please advise if you have any questions or concerns with the above,
Regards,
Rocco (Rocky) Vacca
Sullivan Mahoney LLP
Barristers and Solicitors
4781 Portage Road
Niagara Falls, Ontario
L2E 6B 1
(905)357-0500
(905) 357-0501(facsimile)
This communication is intended only for the named recipient(s) and is private, confidential or privileged. Any
unauthorized use or disclosure of this communication is prohibited. If you received this communication in error,
please notify the sender immediately by return a-mail, by telephone at 905-357-0500 or by contacting
lawa~er~ _u.llivan-mah_..oney.com and immediately deleting the communication from any computer. Thank you.
-----Original Message-----
From: Ruth Hope
Sent: Friday, June 20, 2008 11:51 AM
To: Rocky Vacca
Subject: Terriaca
«FaxLetter Mayor-Iorifda.June20 doc»
Ruth Hope
Assistant to Rocky Vacca
Sullivan Allahoney LLP
file://C:\Documents and Settings\di202\Local Settings\Temp\XPgrpwise\485B9E4EDomai... 6/20/2008
S lli n•M h n
BARRISTERS & SOLICITORS
Please reply to the Niagara Falls ®ffice
June 20, 2008
The Corporation of the
City of Niagara Falls
4310 Queen Street
PO Box 1023
NIAGARA FALLS, ON
L2E 6X5
Attention: 1Vgayor 'l'ed Salci & 1Vgembers of Council
Attention: 1VIr. Dean gorfida, City Clerk
Dear SIr/Madam:
Re: ®ur Client: Anthony & Sylvia '1'erriaca
re: Complaints under By-law #2007-41 ("Clean Yard By-law")
By-law #98-050 ("Property Standards By-law")
Zoning By-law #79-200 & Building & Fire Code
g2e: 6601 Stamford Green Drive (the "Subject Property")
We act as solicitors for Anthony & Syliva Terriaca in this matter.
We have been provided wlth a letter dated February 7, 2008, previously forwarded to Mayor Salci
and Members of Council by our clients along with electronic mail exchanges, photographs of the
subject property and our client's notes over the last couple of years detailing with the ongoing
condltlon of the subject property.
Our clients have asked us to emphasize that they have become very frustrated with the state of the
subject property. Over the years, they have expressed their concerns and frustration to C>ty Staff
but, to date, do not feel that their concerns have been adequately addressed and, more importantly,
that justice has been served.
The purpose of this letter is to set out our analysis of the issues and to formally set out the grounds
of our chent's complaints in this matter.
40 Queen Street, P O. Box 1360, St. Catharines, Ontario L2R 6Z2 Telephone: 905-688-6655, Facsimile: 905-688-58]4
4781 Portage Road, Niagara Falls, Ontario L2E 6B] Telephone: 905-357-0500, Facsimile: 905-357-0501
V.F Muratori, Q.C. P.B. Bedard G.A. Wiggins P T Banwell, Q.C. T.A. Richardson P.M. Sheehan W.B. McKaig
J. Dallal D.A. Goslin J.M. Gottli R.B. Culliton J.R. Bush P.A. Mahoney B.A. Macdonald
M.J Bonomi G.W McCann S.J. Premi C. D'Angelo R. Vacca T Wall K.A. King
J Clarkson B. J. Troup S. Mckay M. Lescak N. Paduraru C. Bittle P Lawrence
Of Counsel (Commercial Law): M.D. Kriluck
Page 2
BAC1KGYt®gJND:
By way of background, it is our understanding that the current state of the property is as follows:
(a) that there are numerous motor vehicles on the property which number fluctuates on a regular
basis, but at times has been up to fourteen(14) motor vehicles including trucks, cars, trailers,
recreational vehicles, etc. the majority of which are m various states of disrepair parked in
the front yard, side yard and back yard of the property which have not been moved for a
substantial period of time;
(b) that many of the motor vehicles have no tires or have flat tires and in the past have been on
blocks;
(c) that many of the vehicles are damaged and clearly inoperative given the absence of key
components;
(d) that there are large piles of wood, lumber and refuse on the property including, for example,
car batteries, tires and a gas tank;
(e) that there are truck tops and a picnic table on the roof of the dwelling apparently being used
as a canopy or shelter;
(f) that there are two(2) large temporary tent like structures on the property which have blown
away on many occasions;
(g) that small metal parts and pieces have acted as projectiles when the owner of the subject
property has cut his grass resulting in damages to our client's dwelling but fortunately no
physical damages at this point and time.
C®M[1PI,AgN'I' BJND1Egt ~~'-1LAW 2007-41 ("C~ean Xard ~v-Yaw'")
Our review of the By-law leads us to the following conclusions:
(a) that the owner of the subject property is in contravention of the following provisions of the
By-law:
(i) Section 3 of the By-law states that no person shall throw, place or deposit
refuse on any private lands etc. Section 1(g) includes a comprehensive
definition of "refuse" and specifically sub-sections (i), (v), (xiii), (xvi), (xviii)
and (xix) are all forms of "refuse" which are stored on the subject property.
We understand that City staff has advised our clients that so long as any
motor vehicle has a current licence plate and can be made operative, then it
does not fall within the definition of "refuse". We strongly disagree and
specifically draw your attention to the definition of "inoperative motor
vehicle" in section 1(b) of the By-law.
(ii) Section 6 of the By-law states that "no person shall use any land or structure
in the City for storing used motor vehicles for the purpose of wrecking or
dismantling them or salvaging parts thereof for sale or other disposal, unless
authorized by law to do so". We take the position that the storage of
Page 3
inoperative motor vehicles on the subject property is for the purpose of
dismantling or salvaging parts thereof, all of which are activities prohibited in
a residential zone. Furthermore, the use of the temporary storage tent for
stonng some of the said motor vehicles for said purposes is not permitted
under Section 6 of the By-law.
(iii) Section 7 of the By-law requires that "no person may park or store any
vehicle on land that is not a surfaced parking area". It is our
understanding that, although some of the inoperative motor vehicles m the
front yard are on what may attempted to be argued to be a surfaced parking
area, the remainder of the vehicles on the property are not.
In light of the above, we are formally requesting that the Manager of By-law Services or the Chief
Building Official pursuant to Section 9 of the By-law serve an order upon the owner of the subject
land requiring the owner:
(i) to clean, clear or remove all refuse from the land;
(ii) cease using the land and the temporary tent structure for the dumping or
disposing of refuse; and
(iii) remove any and all vehicles which are inoperative and which are stored on
land that is not a surfaced parking area.
Furthermore, we are requesting that should the owner of the subject property not comply with the
terms of the order then the owner of the subject property be charged under the By-law. We note that
Section 14 of the By-law indicates that any owner who is guilty of an offence and upon conviction is
liable to a fine of not more than $10,000.00. We understand that the owner of the subject property
was previously found guilty under the By-law on August 11, 2007.
C®1VdP><.AdN'I' ><JN~1E1~ BX-><.AW 98-050(">Pr®perty Staffidards ~v-law")
In general, section 5 of the By-law requires that every private property shall be maintained in good
repair and in structurally sound condition. Section 13 of the By-law requires that, among other
things, roof slabs shall be maintained free from objects or materials improperly secured.
Notwithstanding the fact that we take the position that the truck tops and picnic tables on the roof of
the dwelling are `refuse' and are in violation of the Clean Yard By-law it is noted that said materials
also contravene Section 13(5) of the Property Standards By-law which recognizes the nsk to the
public when the truck tops are blown off the roof, which we understand has taken place here in the
past. As well, Section 19 of the By-law requires that all porches, canopies, awnings etc. shall be
maintained m good repair and free from rubbage and debris. Once again, it is our position that this
provision of the By-law is also being violated. A further provision being violated is section 39 of
the By-law which requires that all roofs shall be maintained free from all loose or unsecured objects
or matenals and free from fire, health or other hazards.
Section 56 of the By-law requires that every yard be kept clean and free from rubbish, waste, debns
etc. that might create a fire, health or other hazard. Section 57 requires that no motor vehicle, other
than a currently licensed motor vehicle capable of being driven on a highway, shall be parked on any
property except in an enclosed building. Once again, we take the position that the vast majority of
the motor vehicles on the property are either not currently licensed and/or incapable of being driven
on a highway in accordance with applicable legislation including the Highway Traffic Act.
Page 4
Furthermore, it is apparent that the owner of the subject property is using the temporary tent
structure to store certain inoperative vehicles. Section 57 of the By-law requires that said storage
shall be in an enclosed building. It is our position that the temporary tent structures, which have
blown away from the property on a number of occasions, do not meet the common definition of an
enclosed building under this provision of the By-law. Finally, Section 58 of the By-law requires
that no vehicle, boat, trailer, machinery or part thereof which is unusable, wrecked, discarded,
dismantled, partially dismantled, inoperative or abandoned shall be parked stored or allowed to
remain on any property. In summary, we take the position that all of the provisions of the By-law
referred to above have been and are currently being violated by the owner of the subs ect property. It
is noted that the City's Property Standards Officer has the right under Sections 188 and 189 of the
By-law to inspect the property and require production of documents (ie: we would suggest evidence
that each motor vehicle is currently licensed and has a current safety certificate to prove that rt is
capable of being driven on a highway and proof of ownership by the owner of the subject property)
and furthermore has the authority to issue an order ofnon-compliance under Section 192 of the By-
law and register said order on title under Section 194 of the By-law. Furthermore, this City has the
right to take measures to bring the subject property into compliance and to add the cost of same to
municipal real property taxes for the subject property. Finally, it is noted that any person guilty of
an offence under this By-law is liable to a fine of not more than $25,000.00 for a first offence and
not more than $50,000.00 for subsequent offence. We are respectfully requesting that City Staff
investigate the above noted violations and strictly enforce the Property Standards By-law.
COIVIPI,AINT' UNDEit ZONING ~Y-I,AW 789-200
The subject property is zoned R2-Residential Single Family and Two Family Zone. With respect to
the storage of inoperative vehicles for dismantling, we note that Section 4.8(b) of the By-law
prohibits an automobile wrecking yard or the collection, storage or sale of motor vehicles which are
not in running condition, partially or completely dismantled or parts of the motor vehicles or other
vehicles. Furthermore, Section 4.8(s) prohibits a salvage yard and junk yard.
Our client understands that the owner of the subject property is a licensed mechanic. On numerous
occasions, our client has witnessed the owner repairing motor vehicles which our client understand
are not owned by the owner of the subject property. We note the a motor vehicle repair
establishment is not a permitted use in the R2 zone.
With respect to the parking of operative and inoperative motor vehicles in the front yard of the
subject property, we draw your attention to Section 4.19.3 (a) which prohibits the use of any portion
of the front yard of a lot for the purpose of parking or storing any motor vehicle, unless it is parked
on a properly constructed and surfaced parking area which does not exceed the maximum width.
We question whether the surfaced parking area established by the property owner and recently
expanded has been "properly constructed". In addition, the maximum width of the surfaced parking
area permitted for the subject property is 35% of lot frontage and no more than 6 meters. We
question whether the surfaced parking area recently expanded by the property owner meets these
requirements.
We note that Section 22 of the By-law states that every person who contravenes any provision of the
By-law is guilty of an offence and upon conviction is liable to a fine of not more than $1,000.00.
We are respectfully requesting that City staff investigate the above noted violations and strictly
enforce the Zoning By-law.
Page 5
ONTARI®>B><JII~DING & FIRE C®DE
In general, we are raising the issue as to whether the storage of materials on a dwelling's roof and up
against the dwellings foundation and walls including a gas tank raises any building and fire code
concerns. More specifically, we raise the issue as to whether the temporary tent structure is
permitted in its current location and whether the necessary and proper permits for the erection of
same were received. We understand that a building permit was issued. We trust that the permit was
issued fora "temporary" tent structure as we find it hard to believe that the "fabric tent structure" is
a building as defined in the Building Code. As such, when will the owner take down the temporary
structure? The fact that the temporary tent structure has blown away on numerous occasions
presents a serious health and safety hazard to not only the abutting neighbours but the neighbouring
school yard property.
C®NCI.IJSI®N
In summary, it is our considered opinion that the subject property is in violation of the above
mentioned provisions in each of the Clean Yard By-law, Property Standards By-law and Zoning By-
law. We are also raising the issue as to whether the owner of the subject property is in compliance
with the Building Code and Fire Code. Given the substantial passage of time in this matter, our
client is requesting that the Community Service Committee and/or Councifl direct City staff to
fully investigate the issues raised above and take all necessary steps immediately to ensure
compliance with its By-laws including prosecution of the owner of the subject property, if
necessary.
We look forward to receiving a response in this matter.
Yours very truly,
SULLIVAN MAHONEY LLP
Per:
Rocco Vacca
RV:rhh
~ 'i
April >1.8, 2008 ~ SY FAX 905-574-3557
City Co~tacii, City of
Niagara Falls, ®ntario
Mayor Ted 5alei,
t:~ty .tom .
43I.a Queen street
P.~D. Sox A®23
Niagara Falls, ®ntario
L2E 6X5
Re: City ethics and integrity ini relation
aswell witty &'arkictg ~nforc~mcnt re:
business owners and parking history.
Dear Mayor Salci:
'rhankyou .for your April D 4tla 2008 dated letter; received April D.6th 200x3, in
relation to claimed yet a,nidentified complainants; regaz'diung historic parking at
4b02 Victoria Ave at Park St.
Xau will rc~ccall that during our cnjoy~ble meetin; on March 26th 200$, clear
to all in attendance was that contrary to the su~a $280.00 dollars arorth of
no parking tickets re: the area that g had preva~usly paved and maintained at
a cost of $2,$00.00. And that the City of Ai?ag~.ra Falls Construckioan Manager
Toon Kuchyt and the City's Parking A9anager 5u1 Wheeler lboth confirmed to
the elected Mayor and attending parties that bo41? city officials had ongoing
prior cotztacts with Mark AeMarco business owz~,er at 4602 Victoria Avenue
during the previous yeas' relating to canstructiot~ and parking issues.
The rtltics ar~d fairness wncerns arise when horsy qty dDfficials Vti?lu~eler and
Kuchyt affiz~m to the Mayor and office thmt ia?sp~ate of prior eontactg with the
4602 Huisness owner known to both, regarding !cotastcuction, damage and of
serious parking concerns dut'ing 2007 and 2008 ~~no notice regarding any form
prohibited parking was ever directed by ~ oxi~by hand to l7eMarco, only
tickets with varied stories of ongoing cort~plaint~. relayed by contmiasioa~aira.
The area in alucation was paved by the writer o~~ approval, after serious rock
and asphalt throwing by Y.iglath~ause related youtfhs, made well known to deity
Hall and legal department, My correspondence t;:~ Council dated March 31, 08
with ,photo's attached ought to suffice to the ex~~ent of inconvenience loss and
damage todatc.
dsive~ that Canada Trust, 'Fin Hortons, Car lots; and varied hr's and i;~Yotels
are allowed to use inner boulevard areas for th~~.r customnera and person$1
uses, this case I hope is not one of clear cut di.~:criminatian after coaaaplairnts
in 2007 to named officials.
Consider this correspondence a .request for a ne~v encroach®nent agreement in
respect to this xctiatter. And a further request gi'~rert tine history of events with
officials, Shat City Council repeal in fairness, the; rickets in question;.
Yours truly,
td Wt1~T : i i 8002 8Z 'adti +9SL9888iG9S9SL9888i 'ON Xki~ 21S~~~N : W82i.~
City Hall
M~ = 4310 Queen Street
R~ P.O. Box 1023
IVlayor Ted Salci = ~ £ - Niagara Falls, ON l_2E 6X5
- ~
web site: www.niagarafalls.ca
P
' ' " (905) 356-7521 Ext. 4201
- _ .r
.
Fax: (905) 374-3557
.
~ tsalci@niagarafalls.ca
April 14, 2008
Mark DeMarco
4602 Victoria Ave
Niagara Falls, ON L2E 4B7
Re: Parking enforcement, Victoria Avenue
Dear Mark.
Thank you for your letter dated March 31, 2008 I have sent it to our City Clerk
for distribution to City Council for their consideration.
I appreciate your follow-up and I ~~ish to confirm the details of our last meeting.
When we last met on March 26, 2008 with City Staff, we outlined the fact that
parking enforcement was taking place m your area on the request of the
Construction Project Manager Since mayor construction was completed there, he
advised the Parking Division that parking by-law should be enforced m that area.
The City's Parking Manager outlined the details of ticket enforcement in your area
around that time, including her communication with area property owners to
inform them of pending enforcement.
During our meeting, you had opportunity to show that you had received various
parking warnings and subsequent tickets You voiced your objection to the
warnings and tickets due to your belief that there was an encroachment agreement
between the property owner and the City of Niagara Falls. In fact, you stated that
you believed there to be along-standing encroachment agreement at 4602 Victoria
Avenue that allowed you to park on City property there for many years.
At the close of the meeting, I conveyed to you that it would be incumbent upon
you to provide details of this agreement, as our Legal Department investigated and
found no documentation to this effect.
Upon your suggestion that you may not be able to come forward with
documentation of an encroachment agreement on this property, I suggested that the
only recourse would be to write to City Council to request their consideration of a
new encroachment agreement at this time
-2-
Thant: you for bringing your information forward. I have kept your
correspondence and photographs regarding this concern on file Should you decide
to write a letter requesting a new encroachment agreement, I would be happy to
forward that to City Council Further, should you have any enquiries about the
process, I will endeavour to provide you with continued assistance
Sincerely,
R.T (Ted) Salci
Mayor
cc Dean Iorfida, City Clerk
Ken Beaman, City Solicitor
Sue Wheeler, Acting Parking Manager
Tom Kuchyt, Project Manager
,.a°'~, ~ t~~3lt
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March 31, 2008 ~~6?.w Wd~
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~ g wC2~:l
( 4 ~
Mr. Ted Salci Mayor ~s
City of Niagara Falls, ~ s~~,~ ~i'~a ~,{=~~~'l
City Council of Niagara w,
Falls, and City Solicitor
Mr. Ken Beaman. 3 ~
Re: History of complaints, regarding serious property
damage, substantial lost income, and obstruction
of business owner and clientel parking made to
Tom Kuchyt, Terry Sheehan and Sue Wheeler.
Dear City Officials:
First, I would like to thank NAayor Salci and staff for the in office meetings March
March 14th and 26th, although completely ineffective, given projects construction
manager Tom Kuchyt long time knowledge of ongoing losses and costs to business
Mark DeMarco relayed to both himself and municipie inspector Terry Sheehan over
many weeks and months.
Anticipating good Old fashioned common sense, Tom Kuchyt who knew of my and
ciientals parking issues during construction with his and contracted vehicles daily
using my since 1997 personal and paved by myself parking area, also as had the
prior business owners since 1986, and prior owners and cliental for decades prior
without any complaints of alleged inner boulevard. Mr. Kuchyt was unable to give
any history from his or the legal department that such parking was ever at issue.
Mr. Kuchyt the City's Construction Mgr_ affirmed, that he had contacted parking
acting Mgr. Sue Wheeler to ticket vehicles, as parked many years on the paved
area adjacent to my business at 4602 Victoria Ave and Park Street, which infact
both his and Legal departments had been contacted, prior to my contracting and
payment of $2,800.00 to Bergman Paving for that entire area and 4774 Park St.
driveway to be paved. (reported Lighthouse youths throwing old broken asphalt)
Ms. Sue Wheeler and Mr. Tom Kuchyt are both fully aware my business is located
at that corner, speaking with bath city employees a number of times during 2007
todate. Ms. Wheeler confirmed direction from Mr. Tom Kuchyt to impose tickets on
vehicles. Ticket givers Sam, Bi11 and others stated that they had been directed to
give my vehicle tickets because I was parking on an area with "sesitive pipes" in
the ground underneath, and that due to this and °public complaints" regarding my
and other vehicles on that area called an inner boulevard, I was prohibited inspite
of the curbs cut to accommodate my Large doors boulevard entry, in exactly the
same location that the City and Provincial Construction had after service & pipes
instilation parked their masive IJklade dump truck, and dual wheel large 24 foot
equipment box van for the long weekend, as shown in the attached photo's and
complained in regards to Mr. Kuchyt, Mr. Sheehan and Ms. Wheeler the summer
of 2007.
Parking tickets in the amount of $20.00 each received Jan. 23, 08 Jan. 24, 08 Jan
30,08 twice Feb. 02,08 Feb. 04,08 Feb 22,08 Feb. 26,08 all prior to Ms. Wheelers
March 4th 2008 letter to Mark DeMarco who licenced by the Csty of Niagara Falls
and also infact licenced by the Niagara Police since 1872. Ms. Wheeler affirmed to
the Mayor and aid, she had not direct a letter to known business owner DeMarco.
2. Acting Parking Mgr. Sue Wheeler claimed that tickets giveh prior to her
March 4th 2008 dated letter to business owner Mark DeWlarco could not
be revoked. To this date it is not known how many of the friends and
family members expressing sympathy for the death of Mark DeMarco's
father during this period, may have also been ticked given the usual Ec
for decades parking on that area by city service, police, and business
owner, visitors or customers without incident.
Given that both City officials Tom Kuchyt and Sue Wheeler could think
of no way as expressed to Mayor Salci, in which to accommodate PAark
DeMarco a 35 year Niagara area business man ticenced by both Niagara
Falls City Officials and Niagara Regional Police Board for many years,
conversation now with the forth city solicitor, a Mr. Ken Beaman further
was fruitless, friday March 28,08.
This may well be a poster ease, inrelation to the time and costs, that by
simple injection of common sense & review of public responsible business
ethics at that corner, would dictate accompaniment given history.
1 am told that this matter must go to the Niagara Falls City Council for a
ruling that may take two months, and according to Ms. Wheeler 1 will be
subjected to further tickets should 1 park were Mr. Kuchyt told her that I
and patrons are prohibited, inspite of Mr. Kuchyt`s full issue knowledge in
respect to my losses and casts todate have as of march 6th 2008 by mail
from Ms. Wheeler and four ticket officers removed alt business owner and
employee parking from- business owner City resident Mark DeMarco.
1 ask that the professional members of Council examine attached photo's
and issues known to both Mr. Kuchyt and IUIs. Wheeler during your review,
and examine other Niagara Fails business commercial uses of such claimed
area non uses, with and without histories such as 4602 Victoria Avenue,
that perhaps may as in other cities have found discriminatory instance.
While 1 trust this may not be an issue here, I leave and respect your body
to suggest a workable & appropriate resolution, unfortunately not attainable
as indicated by Mr. Kuchyt ~ Ms. Wheeler.
Yours truly,
Mark DetVtarc~
4602 Victoria Ave.
Niagara Falls, ®ntario
L2E 467
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BARRISTERS AND 50LICITORS
~roderrck& Partners ~~.P _ _
S:;L.ER'r`_ as ~i
i ~ ift[.j 1.! 1.
off>~~tu~-~1f:~~~uf~e~i~r=~i~~~ sinc~~~~~-`
June 23, 2008
4625 ONTARIO AVE.
P.O. BOX 897 City of Niagara Falls
NIAGARA FALLS, ON 4310 Queen Street
P. O. Box 1023
CANADA L2E 6V6 Niagara Falls, Ontario
L21J 6X5
TEL (905) 356-2621
Attention: Dean Iorfina, City Clerk
FAX (905) 356.6904
broderickpartners.com Dear Mr. IOrflda:
Re: PD-1008-61
J.J. BRODERICK AM-2008-011, Zoning By-law Amendment Application
e.c.,L.s.roi. 4354 Drummond Road and Portage Road (West Side)
Law Society Certified
CivllLitigationSpeeialist Owner: Kargo Properties Inc.
Proposed General Commercial Zoning
W.A. AMADIO
J.B. HOPKINS
We act for the owner in this Application for a By-law amendment. The Application
G.A. KIRKHAM requests that the subject lands simply revert to a General Commercial Zoning as per
LM. GILBERTI By-law 79-200. As the Application is merely asking for a zoning in conformity with
Fluent inltalian&French the Mumcipahty's current Zoning By-law (By-law 79-200), rt is hard to imagine any
R. B. BURNS opposition or objection.
E.P. LUSTIG I believe that the Planning Report best summarizes the nature and effect of the request.
I will not be able to be there this evening.
M. DiGIROLAMO
Thank you for your kind consideration.
D. F. MARINELLI
(1945 1997) yours very truly,
BR~DERICK & PAR'1<'NERS IJ><.P
William A. Amadio
WAA/lb
Jun-23-08 09:55am from-Brian Sinclair QC +9053567772 T-008 P 001/001 F-915
i~1iH!3, Fi 1LL`~ !=L~E•:E~:_~'i
i~; E ii~~c_I 11
BRIAM SIHCIAIR PROFESSIONAL CORPOIUlIYI01!
BRU~MI N. SINCLNIB, Q.C.
Barrister and Solici#or f
6617 Drummond Road
Niagara Falls, Ontario
L2G 41V4
.lUN 2 3 2008
TEL: (905) 356-7'755
FAX: (905) 356-7772 P LA N N I N G
June 23, 2008 & DEVELOPMEfJT
BY FACSI~iTLE
Mr. Andrew Bryce
Director of Planning and Development
City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
NIAGARA FALLS, Ontario
L2)J 6X5
Dear .Andrew
Re; 1108846 ~rltario Ltd. (Amedeo Condotta)
Official Plan & Zoning By-law Amez~dznera.t AppXicata,ozas
6586 Thorold stone Road
Your File No. AM-2008-009
In connection with our meeting oz~. ~3tine 19`h, we had a ]~or~g d~,SC11SSl.Ori with
Gerald Campigotto and we believe kris concerns have been addressed,
namely, our client will, install a closEd board fence of six feet in
height along the back of our property, which would be the south side. We
addressed the other items, we believe, to his satisfaction, namely, that
there would be no restaurant and tY~e use would be la.mited to offices only
and a resider~tiaX use on the second floor.
Mr_ Campi.gotto asked me to make sure, if this application is approved,
that lie would be involved in the site plan process.
There was no one else from Crawford Street at the meetzr~g oz~ June 19`'' bur
I feel that Mr. Campigatto will notify them of the situation.
Yours faithfully
BRIAN SINCLAIR P120F1vS5I Z' CORPORATION
Brian~i..~Si ir, Q.C.
BN5/ab
Enc ur
Jun-19-OB 10:32am From-Brian Sinclair QC +9053567772 T-967 P 001/001 F-644
BRIAN 50~~i~,~p~RPgRw®~~+~pS~/S~,o/~{NAL ~s/®RI~®R~?"~OaN
°""`°~H\~~6~! AYe ~7~1~14.r~/Wll~p QuSIm
8"~ ~ ~ ~ ~ Barrister & Solicitor
6617 Drummond Road,
1UN ~ ~ ~~pg Niagara Falls, Ontario -~~..l.l 1Lt(:~
L2G 4N4
8` ~EVELOPAryE~T TEL: (905) 356-7755 Cl ~,.~i
FAX: (905) 356-7772 ~.QJ~~
June l 9, 2 0 0 8 v~
SENT ]3Y F,A]C gas - 3S~ - a 3sY
City of Niagara Falls
Planna.ng & Development Departmez~.t
4310 Queen Street
P O. Box 7.023
Niagara Falls, Ontario
L2E 6X5
Attention: Mr. Alex I3er],ovitCh
Deaz Alex:
k2E: 1108846 Ontario Limited (Amedeo Condotta}
PD-2008-56
,p,~4-2008-009,Official Plan& zonizlg By-law Amendment Application
6586 Thozold Stone Road
>;n connection with the above noted matter to be heard Monday, I would
like to advise that my client's use of these premises will only be used
for office use.
Also, for the rental space at the south of schedule 2, he would like to
include a clinic. The cli~iic would only be used for a doctor's oz
lawXer's office, etc.
Tn the future, it i,s possible that there would be a limited number of
second floor apartments.
T would appx'eciate if you would make council aware of this, for the
heating on Monday. We will certainly indicate this in our meeting with
the neighbours tonight.
Yours faithfully,
8~2YAN SINCLATR PROFESS>:ONAI1 CO~tPORAT7:ON
Br_ ~ •slair, Q.C.
BS/rd _
c.c. Chris Czist 11i
C.c. Amedeo Condotta
TO: CITY COMMUNITY SERVICES COMMITTEE MEETING
AND TO: DEAN IORFIDA
FROM: MARTIN SHEPPARD ERASER LLP Rebecca E. Peters on
behalf of DENNIS SUNSTRUM
RE: REQUEST FOR RECONSIDERATION OF DECISION OF
COUNCIL (September 11, 2000) RE RETURN TO GREEN
SPACE - 6335 CRAWFORD STREET (DENNIS SUNSTRUM)
June 20, 2008
Background
An Application was made by property owner Dennis Sunstrum to legalize a
parking lot on the northerly third of 6335 Crawford Street in September 2000.
This application was denied and at that time Council issued a directive that the
parking space be returned to green space.
Present Use
The paved area is not being used as a parking lot nor does Mr Sunstrum desire
to do so. He requires the space for the dumping of snow which he clears from
the street and surrounding sidewalks so that his customers and employees can
have safe, sufficient and timely access to his business during snowfalls.
Basis for Request
The existence of the paved area is not in violation of the zoning by-law as the
directive would suggest, but for the portion that is City-owned. The paved area
need not be returned to green space.
The request is therefore that the directive be rescinded as it relates to the City's
property so that it can be left paved which will continue to allow Mr. Sunstrum the
access he requires to sufficiently clear and store the excess snow.
A review of the Minutes of the 2000 Council meeting indicates that there was no
discussion of the issue of snow removal or storage during the Hearing. It is
therefore added information or a changed situation which would warrant
reconsideration at this time.
June 20, 2008
I~flagara~alls
C :1 \ :1 U :1
N®'I'IC~
INF®12MATION ®PEN II®YJSE
PA'I'I~ICI~ CgJMMINGS MGM®ItIAIL SP®I~TS C®MPI~IEX
Dear Resident,
The City of Niagara Falls is pleased to advise you of the design concepts and planned >mprovements
for the Patrick Cummings Memorial Sports Complex. An Information Open House has been
scheduled to invite residents and the community to see the proposed plans for the park, ask questions
and provide comments.
Thursday, June 26, 2008
6:00 p.m. to 9:00 p.m.
Chippawa Lions Hall, 3970 Welland Avenue
To provide a much enhanced park m this area of our community, the general park plans, some of
which will be completed m 2008 and 2009 (with the recent approval of the 2008 capital budget)
include the following:
• Splash Pad & Water Play area
• Children's play equipment with age appropriate play stations
• Multi-use youth activity area
• Family picnic area
• Dedicated washrooms
• Pathway linkages
• Parking improvements
• Soccer pitch/multi-purpose sports field
• Park benches and focal landscape features
If you are unable to attend the Information Open House, the plans and comment forms will also be
available at www.ni~arafalls.ca as of July 9, 2008.
If you have any questions regarding this park improvement project please contact David Antonsen,
Landscape Architect with Parks, Recreation & Culture at 905-356-7521 ext. 3335 weekdays between
8:30 a.m. to 4:30 p.m. or by email dantonsen(a~nia~arafalls.ca
We look forward to meeting with you and discussing the Patrick Cummings Park enhancements in
more detail at the Information Open House.
C:\Documents and Settings\di202U.oca1 Settings\Temp\7~grpwise\Cu~rmiingsopenHouse08.wpd
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~a~c ~wctffe~c u~uictic~n., peeac~e cantcrct JaxP~, ~ieatia~z d C'ccetcvice [9~ice
at 9U5-356-752,, ext. 3342
1
i
~VOL..Iir OTY®~~+7
6~,~a.i"a R?e~~®11 UVASTEMANAGEMENTSERVICES
2209 St David's Road, P Q Box 1042,
Thorold ON L2V 4T7
Tel; 905-685-1571 Toll-free. 1-800-263-7215
Fax: 905-687-8056
wtivw regional niagara on ca j
.Tune 18, 2008
Attention: Az ea Municipal Councillors
Invitation to Attend Public ®pen Douse on .Level of Service and Rate Study
File: x.07.00 88 28
The Niagara Region is hosting a series of public open houses as part of the consultation process for
the Waste Management Level of Service and Rate Study At the May 27~', 2008 Waste Management
Planning Steering Committee (WMPSC) Meeting, staff' were requested to conduct open houses in
each area municipality, to obtain input from residents on the study options The results of the open
i.
houses will be used to supplement previous stakeholder consultation
A range of diversion program enhancements and waste collection service changes are proposed in
order to achieve the Region's goal of bS% diversion from landfill by 2012 Niagara's diversion rate
has been stagnant over the last four years at ~ ~#2 % The proposed changes are based on best
practices and have been implemented with great success in other municipalities facing the same
challenges as Niagara
We cordially invite you to attend any of the following public open houses, which are listed in the
attached public service announcement (PSA) The PSA has been distributed to local radio, television
and print media All public open houses will be held from b:30 pm to 8:30 pm, with a brief'
presentation at 7 pm
If you have any questions pertaining to these public open houses, please contact Cheryl Crawley at
(905) b8S-4225 ext., 37b3, oz by email Cheryl.crawleyQrepzanal.niagara.on.ca..
Sincerel
C t zne Haberrnebl, BA
Acting Director, Waste Management Services Division
Attach j
f
c Regional Councillors
Damian Goulbourne, Chain, Waste Management Planning Steering Committee
t.
Peter Partington, Regional Chair
i
Mike Tz ojan, Chief' Administr alive Officer
Ken Brothers, Commissioner, Public Works
i
C d2o07 Beyond\E07 Waste Management Planningll.evel of ServicelConsultationlPubllc Open HouseslLetter to Area Municipal Councillors re Qpen House doc
Building Community Building Lives
_ ~ ~ PUBLIC SERVICE
~ ~ , - ~O ANNOIJNCENIENI'
i
Region seeks input on proposed changes t®
garbage and recycling collection service
Niagara Region, June 17, 2008 -Niagara Region's Waste Management Services Division's
recently commissioned a Level of Service and Rate Study to evaluate garbage and recycling
collection services The information will be used to help increase recycling and achieve
Council's goal of 65 per cent diversion by 2012, A number of changes are being considered and
the Region is looking for input from residents before proceeding„
Proposed changes being considered include:
• Every other week garbage collection;
• Weekly garbage collection with one bag/can limit;
• Weekly Blue/Grey Box collection
Residents are invited to attend any one of the open houses below to learn more about the
proposed changes and provide input on how best to move forward to reach our goals„
Public ®per~ Reuses waYl be head:
Wednesday, June 25 Tuesday, July 8
• St„ Catharines Public Library Township of West Lincoln Municipal
54 Church Street, St. Catharines Office
3i8 Canboro Street, Smithville
Thursday, June 26
• City of Niagara Falls, Councii • Town of Lincoln, Council Chambers
Chambers 4800 South Service Road, Beamsville
4310 Queen Street, Second Ffoor
Niagara Falls Wednesday, July 9
• Town of Niagara-on-the-Lake
Wednesday, July 2 Centennial Arena, Mary Snider Room
• Welland Civic Square, Community 1565 Four Mile Creek Road, Virgil
Room
60 East Maln Street, Welland City of Thorold, Council Chambers
3540 Schmon Parkway, Thorold
• Township of Wainfleet Firefighters
Memorial Community Hall
19M7 Park Street, Wainfleet Thursday, July 10
• Town of Pelham Council Chambers
Monday, July 7 20 Pelham Town Square, Pelham
• Town of Grimsby Council
Chambers • Roselawn Cenfire, Double Parlour !
1b0 Livingston Avenue, Grimsby Room
296 Fielden, Front Entrance
• Town of Fort Erie Leisureplex (entrance off Carter St), Port Colborne {
3 Municipal Centre Drive, Fort Erie
i
All meetings will be held from 6:30 - 8:30 pm with a brief presentation at 7 pm
i
t
PUBLIC WORKS
Transportation Services
2201 St. David's Road, P O Box 1042,
Thorold, ON L2V 4T7
Tel: 905-685-1571,Toll-free:1-800-263-7215
Fax:905-685-0013
www.regional.niagara.on.ca
June 19, 2008
N®~gCE I~ESI~EN'TS
AND ~LTSgNESSES
You are invited to attend the second Publtc Information Centre (PIC) for the Thorold Stone Road
Extension Class EA Study The Public Information Centre is scheduled as follows.
.Tune 26, 2008
6:00 p.m. to 8:00 p.m.
Niagara Falls Public Library
The LaMarsh Room,
4848 Victoria Avenue, Niagara Falls
The second PIC is planned to present the alternative designs for the preferred solution, the
evaluation of the designs, and review of a recommended design.
The PIC will provide stakeholders and the general public an opportunity to meet the Project Team,
review the study scope and discuss issues and concerns related to the project Including the
selection and evaluation of alternative designs, environmental considerations and avoidance and
mitigation of potential impacts. You are encouraged to attend PIC #2 and provide your input
on alternative designs and the Preliminary Preferred Design Solution(s) for the Thorold
Stone Road Extension.
If you have any questions or comments regarding this project, please contact the undersigned or
Mr Tim Stuart, Totten Sims Hubicki Associates (1997) Limited (TSH) at 905-682-0212.
YOUl'S truly, Formatted: Font: (Default) Times
New Roman, l2 pt
Formatted: Line spacing single
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Formatted: Font: (Default) Times
Johti iZ_i~zo, C.I'.'I'. - - - - - - - - _ - - - - - - - New Roman, 12 pt
Project Manager. Transportation En,rmeering `Formatted: Line spacing: single
JR/aw
c: iNr. Tim Stuart, Consultant Project Manager, TSH _ _ _ - - Formatted: Font: (Default) Times
p
L:\Rizzo\Letters\2008\2008-06-19 RR57 PIC#2 Notice to Residents.doc New Roman, 10 t _
Formatted: Line spacing single
Jun-23-08 09;55am From-Brian Sinclair QC +9053567772 T-008 P 001!001 F-915
BR1A1~1 SINCWR PROFESSIONAL CORPORA'I~OM
BRll~N N. SIKRLAIR, Q.C.
Barrister and Solicitor
6617 Drummond Raad ®
Niagara Falls, Ontario 9"""t ~ ~ ~ ~
l.2G 4tV4
JUN 2 3 2008
TEtL: (905) 386-7755
EAX: (905) 356-7772 PLANNING
[DEVELOPMENT
June 23, 2008
8Y FACSIkIT~,E
Mr. 1~drew Bryce
DizeCtor of Planning and Development
City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
NxA.GARA FALLS, Ontario
L2a; 6X5
Dear Asxdrew
Re: 1108846 Ontario Ltd. (Amedeo Candotta)
Official Plan & Zoning By-law Amez~dttte~,t Appli,cati.ons
6586 Thorvld Stone Road
Your File No. AM-2006-009
In connection with vur meeting on June 19`", we had a long discussion with
Gerald campigotto and we believe h:is concea:ns have been addressed,
namely, our client will install a closEd board fencE of six feet in
height along the back of our property, which would be the south side. We
addressed the athar items, we beliEVe, to his satisfaction, namely, that
there would be no restaurant az~d tk~e use would be lzmited to offices only
and a residez~tzal use pn the second floor.
Mr. campigotto asked me to make sure, if this application is approved,
tklat k~e would be involved in the site plan process.
There was no one else from Crawford Street at the meetS.r~g on. June 19`h bur
I feel that Mr. campigotto will notify them of the situation.
Yours faithfully
BR~.Ari SINCLAIR PT20F'RSSI AZ^ CORPORATION
Brian~T.~-Si zr, Q.C.
BN5/ab
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Page 1 of 1
Dean Iorfida - Re: BBS-2008-01 Stamford Green Dr. complaint
From: "Janice Wing" <~anice_wing@cogeco.ca>
'I'o: <council@magarafalls.ca>, "Dean Iorfida" <diorfida@magarafalls.ca>
Date: 6/23/2008 12:50 PM
Subject: Re: BBS-2008-01 Stamford Green Dr. complaint
Attacinments: 5990 Barker.jpg
The problem is widespread throughout the city Please see attached photo of property directly across from me I
received a complaint about this last Tuesday and immediately notified staff
The red pick-up truck has been there at least a week and has not moved It is joined on the lawn occasionally by
a grey van The red pick-up in the driveway, its bed full of garbage, has sat there with that load for a much longer
time, I just never said anything until I received the complaint about the truck on the lawn and the comment that
the property in question "makes the street look bad "
I am sure there are many more such instances throughout the city Given that our staff have not been able to get
to this in almost a week, perhaps we need to review whether to hire additional bylaw staff?
Janice
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