Duane Hicks
Residents who fought to keep the property known as “Nelson Street Park” as open space are thrilled the Ontario Municipal Board has ruled in their favour.
As first reported last week, OMB chair J.E. Sniezek ordered that area resident Eric Rude’s appeal against the town’s re-zoning of the property from open space to Residential Type 2 (R2) be allowed and the bylaw, which council passed back in December, be repealed.
Kalan Kielczewski, among the residents who spoke against the re-zoning before council last year and again during the OMB appeal hearing here on May 24, was elated to hear the news.
She said her mother, Bonnee, had called her at work last Tuesday to tell her she had received a letter from the OMB that day.
“My heart kind of sank and I said, ‘Did you open it?’ And she said, ‘Yes, I said.’
“I said, ‘What does it say?’ And she said, ‘We won,’” recalled Kielczewski.
“My hands started to shake,” she added. “I was trying to hold back the tears.
“I was shocked and pleasantly surprised.
“The whole entire neighbourhood couldn’t be more excited with the decision,” noted Kielczewski. “The smiles on the children’s face when we told them the park was saved were absolutely priceless.
“We couldn’t have done this without the support of the community and without the support of the OMB,” she stressed.
Kielczewski admitted the whole experience has been “a long, drawn-out uphill battle, and at numerous times I thought the odds were against us.”
“But we made a promise to see this through from start to finish and that’s exactly what we did,” she enthused.
“And fortunately for us, our hard work and dedication paid off.”
Referring to the May 24 hearing, Kielczewski said Rude, herself, and others put a great deal of work into putting together their case.
But “it was the fact we care so much for Nelson Street Park that it gave us that extra bit of edge.”
“Whenever you go into a situation like this caring about something, you’re going to give it your all,” she explained.
“We’re not lawyers,” she added. “We can’t go into a situation emotionally detached because we’re representing someone else.
“Our emotions, our feelings, our passion is going to come through, and I believe that it did.”
The status of the so-called “Nelson Street Park” has been contested several times over the years, and Kielczewski hopes the issue is finally “laid to rest, everybody can move on, and our neighbourhood and the community can continue to enjoy the beautiful, open green space that Nelson Street Park is.”
Rude, meanwhile, said he was “very happy, very joyful” to learn of the OMB’s decision—not only for his sake but that of all the people past and present who supported the property remaining open space.
“This is for the betterment of the community, present and future generations,” he remarked.
“That’s the whole point of it. It’s not anything other than that.
“There’s reasons for green spaces, and obviously the OMB heard them and understood them and agreed with them,” added Rude.
“Let’s carry forward and make this part of the community as it always has been for the last 60 years,” he urged.
“Let’s carry forward and do as we can.”
Looking ahead, Rude said he wouldn’t mind seeing a few extra features added to the site, like benches, but added he would hate to see the open space cluttered with action-specific equipment, like swings, monkey bars, etc.
“Because then you take away the multi-use benefit it provides to this date,” he stressed. “People play ball, swing their golf club, play frisbee with their dog, do whatever they want to do.
“It’s used year-round, like we’ve always said,” noted Rude. “You don’t want to hinder that use because that is one of the appealing things of an open space.
“We have lots of parks that have equipment for different levels of activity, from swing sets to water fountains,” he argued. “We’ve got an open space park.
“That’s what I think is important.”
Rude reiterated he still feels Fort Frances is not short on space for residential development, the population is dwindling, and there’s no need to infill an open area like the “Nelson Street Park.”
He added he hopes the developers who had expressed interest in the lots the park would have become now will be able find other areas to build on.
Fort Frances Mayor Roy Avis said there is an appeal process the town could pursue, and it’s up to council as to what it wants to do. But as far as he’s concerned, “the case is closed.”
“It will stay the way the board stated it should,” he added, noting council shouldn’t file an appeal in his opinion.
Mayor Avis said through the 2011 strategic plan, it was identified the town should consider new building lots in the community. The town looked at lots it owned that would be the least costly to develop and “Nelson Street Park” was one of them.
Council looked at changing the zoning, it was supported by the local Committee of Adjustment, and council subsequently voted in favour of amending the zoning bylaw.
“There is an appeal process, residents appealed the decision, and [the OMB] repealed the bylaw. It’s as simple as that,” said Mayor Avis.
He added the town will continue to look for areas for residential development.
“Yes, there is a declining population in the community, but there [are] certain areas in the town where people want to live,” he remarked.
“It’s so costly to develop, right from scratch, a new piece of property today,” he stressed.
“And to be honest with you, the financial situation of the town doesn’t warrant us putting a big investment in property.
“We’ve gone out to the private sector to get involved in development, but it’s a very costly item for them and once a property is subdivided, they have to pay taxes on individual lots and it takes a long time for them to get the return on their investment,” the mayor explained.
“A lot of times they don’t want to get involved.
“The town thought it would be in its best interests to develop some areas in the community,” he added.
The town has been looking at what do with the old Huffman School property, for instance, but Mayor Avis noted no decision has been made about what to do with it at this time.
Ruling outlined
Sniezek outlined the reasons for the ruling in his decision, which was dated June 28.
He noted “the residents’ presentations supported their position to retain the existing Nelson Street Park,” adding the park has been part of the history of the area for some time, and the residents were frustrated by the fact that in 2008, mayor and council rejected town staff’s request to redevelop the Nelson Street Park and then voted in favour of it late last year.
“The board must have regard for council’s decision, but that does not mean that the board must robotically accept the decision of council,” ruled Sniezek.
The board also noted the affidavit evidence of three councillors—Andrew Hallikas, Rick Wiedenhoeft, and Ken Perry—stated the “Nelson Street Park” was not well-used but Couns. Hallikas and Wiedenhoeft gave the board no dates or times for their observations.
As well, the evidence of Coun. Perry was responded to by the residents with the statement that during the time he was acting as a contractor near the park—neighbourhood children were told to stay away from the park.
The OMB noted the review of park use was not made as part of a survey of park use by town staff with dates and times. This review was to be done as part of the strategic plan.
The board also noted the park standard in the Official Plan is a standard of access—there must be a park within 1,000 metres of a residential area.
But that, in the board’s view, is a minimum standard and in fact, the Planning Act provides for a dedication of up to five percent of lands to be subdivided for parkland dedication.
Sniezek said the OMB “concludes that the town failed to provide this board with an objective unbiased review of the use of parks space in the municipality to support the closure and redevelopment of Nelson Street Park considering the fact that the local school site is slated for redevelopment and considering an alternative parkland site was proposed.”
“The board allows the appeal based upon an inadequate case in support of disposal of a park that has been part of the local landscape for over 60 years,” he added.
“The board orders the appeal against By-law 8/98-TT of the Town of Fort Frances is allowed and By-law 8/98-TT is hereby repealed.”
Town council had voted in December to pass Bylaw 8/98-TT and re-zone property located between Minnie Avenue and Williams Avenue, sometimes referred to as the “Nelson Street Park,” from open space to Residential Type 2 (R2).
The intention was to divide the property into four or five lots and then sell them for residential development.
But Rude appealed the approval of Bylaw 8/98-TT to the OMB and was granted a hearing before Sniezek on May 24.
Rude (backed by eight other presenters, including Kielczewski) and the town (represented by municipal planner Faye Flatt) argued their respective sides of the case.
