The Town of Newmarket received an application for a zoning by-law amendment as part of a development application for the properties of 178-194 Main Street South, known by many Newmarket residents as the Clocktower.
At the Committee of the Whole meeting on November 28, 2016 Council considered the matter regarding the resubmitted zoning by-law amendment application and the recommendations in Development and Infrastructure Services - Planning and Building Services Report 2016-25. The application was denied. This decision was then ratified at the Council meeting of December 5, 2016.
The denial of the application for a zoning by-law amendment for the Clocktower has been appealed to the Ontario Municipal Board (OMB) by Main St. Clock Inc. together with the earlier decision by the Town to designate the property as being within the Heritage Conservation District for lower Main Street South under By-Law 2013-51. Both appeals are being heard under OMB case number MM130083.
Party vs. Participant Status at an OMB Hearing
Anyone may attend an OMB hearing. The hearings are open to the public and are subject to Ontario Municipal Board procedures. Hearings are formal meetings presided over by the appointed Board Member. To take part in a hearing you must be a party or a participant.
What does it mean to be a party to a hearing? Any person or corporation granted party status is required to participate fully in the hearing. This includes attending every day of the hearing, preparing witness statements and expert reports, receiving copies of all documentation filed or exchanged by the other parties, cross examining witnesses, and presenting legal argument and submission in support of their position. A party is entitled to seek costs and may also be subject to an order for costs if the OMB determines that the party's conduct unnecessarily delays or prolongs the hearing.
What does it mean to be a participant to a hearing? Any person or corporation granted participant status may attend the hearing but is not required to be present every single day. Participants may make a statement on some or all of the issues in the hearing, but they are not permitted to call witnesses or cross examine witnesses presented by the other parties. Participants cannot bring a cost order against any other party or participant, nor can they be the subject of a cost order awarded against them.
The Town of Newmarket and the Owner of the Clocktower property, Main St. Clock Inc. are automatic parties to the OMB appeals. All others who wish to obtain party or participant status must request such status at the first hearing scheduled by the OMB.
|Town of Newmarket represented by Leo Longo of Aird & Berlis LLP |
|Main St. Clock Inc represented by Ira Kagan of Kagan Shastri LLP|
|Heart of Newmarket Citizens’ Group, represented by Mr. Gerald Fox |
Debra Scott (Newmarket Chamber of Commerce)
Gordon Prentice (Architectural Conservancy of Ontario)
The following experts have been retained to provide evidence on behalf of the Town of Newmarket:
- Phil Goldsmith, as the Town's heritage expert.
- Wendy Nott, as the Town’s planning expert.
As other experts are retained by the Town and other Parties to provide evidence at the OMB hearing, they will be listed here.
Ontario Municipal Board Hearing Schedule - Clocktower Application
Council and Committee of the Whole Meetings - Clocktower Application
- Council Meeting of December 5, 2016
- Committee of the Whole Meeting of November 28, 2016
- Committee of the Whole Meeting of May 9, 2016
To read the Minutes of these meetings please see the
Agendas, Minutes, and Meetings page.
For background information and the planning reports (including Development and Infrastructure Services - Planning and Building Services Report 2016-25) regarding the application please see the
Clocktower Application page.
Freedom of Information Requests and Responses
The Town has received a number of requests for documentation and/or information related to this matter through the Freedom of Information process. For information on the requests made and the Town responses to each, please see the Summary of Freedom of Information Requests 2016 and Summary of Freedom of Information Requests 2017 pages.
On June 27, 2017, the Town released a copy of a land exchange agreement from 2003 that was entered into between the former owner of a portion of the Clock Tower property and the Town. This agreement can be found at the second link above (Summary of Freedom of Information Requests 2017) under Request Number A17-17-16. This document is not the "Agreement in Principle" referenced in Main Street Clock Inc.'s planning documents. This agreement does, however, impact some of the lands subject to the Main Street Clock Inc. appeal before the OMB, and the Town has issued and served on Main Street Clock Inc. a Notice of Application to enforce this agreement.
Ontario Superior Court of Justice Court Application No. CV-17-131451-00
The court application to enforce the 2003 Agreement referenced above has
been adjourned to the 3 week trial sittings of the Newmarket Superior Court
that commence May 14, 2018. It has been scheduled for a full day
hearing. When the trial scheduling office advises legal counsel for the
Town and Main Street Clock Inc. of the actual hearing date within that 3 week
period, the date will be posted on this web page. A copy of the Notice of Application can be found here.