The Words of Chris Heinrich clearly indicate that our former conservation authorities have become no less than criminal organizations doing the bidding of a despotic Liberal Government.
Dear recipients of this letter
I am the owner of 23.60 acres of property on concession 6. Formal description Con 5 PT lot 14 FW FLM Roll# 25 18 302 510 40800, PIN 17544-0116 LT. and a neighbour, adjacent to the applicants owning lands 6212-188883 who initially filed for plan amendment OPA-13-014 and amendment to zoning by-law ZAC-13-047, and who I believe, have once again successfully filed for a minor variance application #FL/A-16:433. To build parking lots and new office buildings on environmentally sensitive lands.
On or about January of 2014, It was brought to my attention that Milne Mining Corp. had applied for planning and zoning amendments for their property located in the vicinity of my property. My attention to this matter was piqued by the fact the amendments included my property as if it was owned by Milne corp. and I feared I would give up my ownership rights if I did not speak out and correct this matter.
On Jan 23/2014 a letter was sent by me to Mr Greg Macdonald (copy available), to : 1- express my concerns of the misrepresentation of ownership of the property, 2- to express my concern over the fact the applicant was currently and illegally encroaching on my property and operating on my lands (south east corner of my property, per airphoto GISNet mapping by Hamilton city hall, produced by Guest 13:00 1/15/2014), 3- expressing concern over the fact that I been told by the Halton C.A. that the land there is environmentally sensitive land and the reason for refusing my application for one building permit for the last 27 years.
In My letter I had asked that I be notified and provided with all disclosure pertaining to the application for rezoning lands adjacent to my property.
I was never notified of any hearing specific to the initial application, even though I did visit Hamilton city Hall and request this in person. I did visit the site and see the notice board at the side of the road, but date of hearing or meeting was blank.
I did find out that Milne’s initial amendment to the zoning by-law was approved, with no resistance from the Halton C.A. even though most of the affected property has natural creeks running through it.
I now have received (on Feb 21/17) notification by mail that a second minor Variance application # FL/A-16:433 hearing will be held on Feb 16/17. Yes, this is no typo. I was notified 5 days after the hearing took place, and once again the variance for fill, asphalt, concrete and excavating next to a natural creeks and water ways was approved without any resistance by the Halton C.A.
I request a copy of the decision. It is my intent to appeal this matter to the OMB.
For everyone’s information and a little history surrounding my anger over the property in this area and how it has been managed by the Halton Conservation Authority…This is by no means a rant or blame on the current employees of the Halton C.A. or Hamilton C.A. it was a point in time, and those employees if still there know who you are and what you did. It appears some of you are still there playing your games.
I find what has happened strangely unique and very convenient for the applicant, the city of Hamilton, and the Halton C.A. to quickly and quietly pass approvals through, without advising neighbouring land owners, who have been fighting for a building permit for 27 years.
The Halton Conservation Authority has refused my application and hundreds of other inquiries for a building permit on this property, or any type construction such as a path or drive way for over 27 years. The reason for this, as Halton C.A. explains it, is that these land are significant environmentally sensitive wetlands. In fact so significant that even 1/2 of an acre which I requested a permit for, to build a home on, they claimed would impact the entire remaining 23 acres and change the entire face of the environment and eco system as we know it. ( yes, that is their argument). Not to mention the fact that these Guardians of the environment, claim they are protecting me from myself, as they say I may die from drowning in the event of a 100 year flood. They do not care about the homes and neighbours that currently surround my property, the road they allowed Pan American nurseries to build right through a swamp across from my property, or the construction and excavation being done at the back of my property by Milne Mines and the new building Bennet construction will be putting up along with the concrete parking area for 27 cars, only a few meters from natural creeks…oh no … they are just worried about saving me. Thus extorting my property rights from me.
Just for everyone’s information the building permit and the drawings are available to view. I still have them, the home was to a be a 3 bedroom Viceroy to blend in with the land, a holding tank was proposed so no septic leeching would occur, location to far east side of property where it is dry, to avoid disruption to the wetlands on the right, a 1 acre trout pond would be built to provide clean water and habitat to area animals, 21 acres would remain untouched forever.
I’m still haunted by the denial of my application back in the 90’s and a meeting that took place at the site with a young female Halton C.A. agent who stated to me that I would only get a building permit over her dead body. She was younger than I, so it still may be awhile.
It was interesting to watch the hundreds of trucks delivering top soil to land similar to mine, two lots down from me, filling in the property owned by a retired public service executive, building his horse farm, while my building application filed at the same time was denied, and then having the Halton C.A. deny that ever happened. Even though I had immense respect for John Hall, as one who tried to bring everyone to a compromise where both parties would benefit, I found that he too (and probably through fear for his job) would eventually succumb to the evil tactics of the Halton C.A. and deny any knowledge of the hundreds of trucks of fill and a building permit being granted while mine was denied. During this time Bennett Construction was leasing approx 7 acres of my property in the south east corner for out buildings etc, and to this day aerial photos show their unauthorized use of my property continues. The Halton C.A never had a problem with that and continues to turn a blind eye.
October of 1990 I warned John Hall director of water shed management, that the Authority would eventually succumb to big business and dollars and cents would over shadow the preservation of the environment. He had the opportunity to grant me one building permit and control the rest of the land in perpetuity. He didn’t believe it. Along comes Pan American nurseries, Bennet construction, Milne Mines and the money.
It’s obvious now, the authority chose to pretend that they cared and today are caving in to the almighty dollar, and big business.
What I have found out over 27 years is that Halton C.A. law only applies to the private land owner whom they can bully. However, if you are Bennet construction, Milne Mining Corp, or Pan American Nurseries, or any other significant players or government officials with lots of money the conservation laws do not apply. They are free to fill and build regardless, through the wetlands or even use your neighbours lands for your activities (see attached pictures).
I and many others have asked the Halton C.A. for one building permit over a 24 acre property and we have been continuously denied. I had placed my property up for sale in the early and mid 2000’s the interest with respect to a building permit was so great that the Halton C.A. asked me to take down the listing claiming they were receiving too many calls by people, and I should forget about selling as they will never give me a permit.
In 2001 I had offered to sell this property to the Halton C.A as suggested by John Hall, however John C Bush rejected our proposal and requested we donate the property. At a town hall meeting in 2007, in front of 250 people I offered to donate 22 acres of my property to Halton C.A. in exchange for one building permit, or in the alternative to purchase the property outright from me at the MPAC estimated value, considering this property was so important to the eco system and so highly sensitive from an environmental stand point, I would think that the Halton C.A. would want control over this property in perpetuity…. The Halton C.A. refused, but promised to send an agent to review the property once again. It was quite apparent why the Halton C.A. would not purchase my property. In not so many words the visiting C. A. agent indicated ” Why buy when you control and get the money anyway”.
27 years of paying taxes for land you cannot put a home on, cannot sell because it’s been poisoned, and sterilized by the Halton C.A. Yet only months for big business to get permits to do anything on the same land right next to me.
27 years of watching the C.A. ‘s subtle form of expropriating people’s rights to their property, extorting the economic benefits families would receive from benign developments such as building a home. Why? Because they claim their job is to say no. No logic, no science, just greed, and a need for power.
It’s time to expose the Halton C.A. for what it truly is. As a Superior court justice put it…”They are not the government nor are they an agency. They are a service provider similar to Ducks unlimited, a legacy agency to the MNR and funded by tax payers.” That is why it makes no sense for them to purchase Heritage and environmentally sensitive property. They need the Tax payer to fund them through property taxes so that they may use the landowners tax dollars to mount illegal cases of expropriation and extortion against the same property owners. The Halton C.A. is nothing more than a bunch of taxpayer funded bullies relying on administrative policies, not laws. They try to make you believe that these are laws, they are not. The C.A. cannot use policy statements to expand on it’s illegal bullying objectives or acquire greater jurisdiction than it is given by statute. The Halton C.A. needs to purge itself from the self serving fanatics on their payroll and get back to basics, managing their statutory objectives and respecting the taxpayers they serve.
I am very disappointed at Hamilton City Hall a once respected planning department sold it’s soul to the dark side of Halton C.A. in an effort to appease big business and destroy the little guy. Shame on you.
I will appeal the committees decision to the OMB. I ask that you send me a copy of the decision of FL/A-16:433 and I will be requesting the City to reimburse me for 300.00 the cost of pursuing my OMB appeal, as this may have not been necessary if you would have sent the initial Notice of hearing to the same address you send the tax bill, interestingly enough you claim you don’t have my new address, yet somehow the tax bill for my Flamborough property arrives at the correct address. I may have been satisfied with what I may have heard at the hearing, and all of this may have been Moot.
However, due to whatever reasons the city may have had for not wanting me at the hearing, I have been forced by the city to appeal the decision in order to find out how these people are getting approved for permits.