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The Preservation of
Agricultural Lands
Society (PALS)
Working to Protect the
Best Farmlands in Canada
Since 1976
SPRING 2015
Tel. 905-468-2841
P.O. Box 1090, St. Catharines, ON L2R 7A3
Website: http://www.people.becon.org/~pals
E-Mail: [email protected] or [email protected]
PRESIDENTS LETTER
Spring 2015
Dear PALS Supporter,
I am very pleased to have become your new President at the time of a most important PALS’ land use
victory – that of an Ontario Municipal Board (OMB) ruling against a developer’s plans for an urban
expansion on 185 acres of prime farmlands in north west Niagara Falls, which was supported by the City
of Niagara Falls and the Niagara Region. PALS' case, and that of long time farmland preservationist Jean
Grandoni , was extremely well argued by Environmental Lawyer David Donnelly, backed by excellent
municipal planning , agrology and environmental witnesses (see our Annual Report.) If it stands up to
a threatened court challenge by Niagara Falls, the decision will protect not just the direct 185 acres
involved but will block development on over 700 acres of prime farmland and natural areas there, whose
promoters were lined up just in the case the developer had won.
Our OMB arguments are also a clear indicator of the need to expand the Greenbelt to include this area
of prime farmland – with the same soil and climate as other grapelands in Niagara Falls. Jean Grandoni
and PALS researcher John Bacher, are certainly to be commended for their diligence in conducting indepth research, both on-site and using extensive planning materials , without which our case would not
have been nearly as strong.
On the Greenbelt front, researcher John Bacher has been doing an admirable job of showing in many
ways, such as community walks and a variety of good articles in the media, its importance for both
farmland and natural area protection, and the need for its expansion in Niagara and elsewhere (see
Quotables.) For their part, PALS Tender Fruit Land Easement Team, co-ordinated by Gracia Janes ,
has continued to promote the strengthening of the Greenbelt through the use of easements/restrictive
covenants to invest in tender fruit farmers and protect these unique lands in perpetuity, rather than just for
the time it takes for a ‘contrary’ government to allow Greenbelt incursions in Niagara, as has happened
to the BC Land Reserve. The Team’s many communications to and from, as well as a meeting with, the
Minister of Agriculture, Food and Rural Affairs, took place from November 2014 through March 16th
2015, and they are doing extensive follow-up. The work goes on with your kind support!
Sincerely,
Doug Woodard
PALS Blossom Walkabout
Saturday May 9TH, 10 A.M. To 2 P.M.
Once more Liisa and Leo Harju will open their home to those wishing to raise funds for PAL'S work to
protect the Niagara fruit lands, by walking through the blossoms of Pelham and getting pledges from others
to help out. On Saturday May 9thth at 10 a.m., we will start out from the their home at 1746 Cream Street (
just off Highway #20 at the bottom of the Peninsula Lakes Golf Course hill. ) When finished our stimulating walk, we will return to the Harju’s home for what is always an enjoyable picnic lunch. If you wish to
walk please let Liisa know what you are contributing in the way of picnic food by phoning 905- 892 2566.
Last year we raised close to $2,000 and a great time was had by one and all! For those not walking, pledges for our
lead walkers i.e. Gracia and Bob Janes, Leo Harju and John and Mary Lou Bacher are welcome. ( see enclosed card)
p.s. If you wish a walk form just contact Gracia at 905 892 7871 or email at [email protected].
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AROUND THE REGION
Annual Report of Preservation of Agricultural Lands Society.
(PALS) Dr. John Bacher (PhD), Researcher, Tuesday March 25th 2015
1.
PALS Joins with Jean Grandoni in Successfully Opposing Urban Boundary
Expansions in Niagara Falls
A great deal of PAL'S work in 2014 was focused on opposing an urban boundary expansion on lands currently
zoned for, and designated as, agricultural land in the City of Niagara Falls, through obtaining ‘Party’ status in an
Ontario Municipal Board (OMB) hearing . Although designated as “Good General Agricultural” in the Niagara
Regional Policy Plan, the lands are immediately south of an area designated as “Good Grape”.
Our most important role in this successful hearing, in which both PALS and Jean Grandoni were represented by
lawyer, David Donnelly, was to obtain the testimony of a senior planner for the Ministry of Municipal Affairs
and Housing, Mark Christie. Testifying under subpoena from PALS, Mr. Christie told the Board that the need to
justify the expansion was based on an inflationary process known as “factoring.” This means the inappropriate
exclusion of lands from the residential land supply, which will normally be developed during the twenty year
planning framework of the PPS.
Another significant aspect of our case was documented by the testimony of Bob Clark, the planner for PALS
and Jean Grandoni. This was the City’s exclusion of vacant lands zoned and designated for residential purposes
in the Chippewa neighbourhood of Niagara Falls. Also detailed testimony as to the inherit storm water pollution
resulting from urbanization was put to the OMB by Dr. Mike Dickman, who identified a vernal pool in an area
proposed for a storm water management pond. And, extensive research was done to document an alternative area
for urbanization of lesser agricultural capability as required under the PPS.
2.
PALS Assists Farmer in Dispute over Site Alteration
There is currently a dispute in Niagara Falls arising out of site alteration involving soil stripping adjacent to an
automotive wrecking facility. The necessary permits to do the soil removal were not obtained, and the City and
other regulators have failed to enforce the zoning and other rules. PALS has advised and also written a letter of
support to the farmer impacted by these activities.
3.
PALS Encourages Purchase of Restrictive Covenants on Tender Fruit Land
PALS is continuing our work to persuade the Provincial Government to revive the 1995 Tender Fruit Lands
Program, which provided for provincial purchase of restrictive covenants on the unique and rare tender fruit lands
designated in the Niagara Regional Official Plan. In this regard we have had meetings with Cabinet Ministers and
their staff, the most recent being with Jeff Leal, Minister of Agriculture, Food and Rural Affairs .
Some of our proposed details are quite different from the 1995 plan, the most important being that every tender
fruit farmer would be able to enter the program as long as over 50% of her/his land is growing tender fruit.
And, instead of a half of the money offered being given up-front and the rest over 4 more years, the payments of
$1000 per acre, per year, would be paid over a 10-15 year period . Another is that the covenants would be held
by the Ontario Farmland Trust.
4.
PALS Takes Part in Greenbelt Review
PALS is taking a major role in the 2015 Greenbelt Review. In this regard I organized a walk on lands proposed
for Greenbelt expansion by the Thorold City Council and, wrote a serious of articles for Doug Draper’s excellent
Niagara-At -Large e newspaper, and encouraged involvement in the Niagara April public meetings.
Here’s a photo of our 2015 Heritage Mennonite hand crafted quilt.
This queen-sized hand crafted Mennonite quilt features
the same striking pattern as the last few years, but with
varied colours of pink, deep burgundy, light brown and
shades of green, against a cream background, and with
a scalloped edging.
Look for PALS' volunteers at the August 1st and 2nd
2015 Canal Days in Port Colborne and the August 8th
Niagara-on-the-Lake Peach Festival.
p.s. The very happy winner of last year’s quilt was PALS
Tickets cost $2 each, 3 for $5 and $15 per book of 10. long-time member Sheila Massey, of St. Catharines
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QUOTABLES
Snapshots of Niagara’s Place in the Greenbelt
- Dr. John Bacher PhD
1.
‘The Southern Greenbelt’
Need for the Environmentally and Agriculturally-Zoned Lands Adjacent to
Southern Part of the Greenbelt to be Included in the Larger Greenbelt
From a land use planning view there is a southern ‘Greenbelt’ in Niagara. These are essentially the lands under the
jurisdiction of the Niagara Peninsula Conservation Authority, (NPCA.) The key goal of this brief is to recommend
that all of the lands within the NPCA’s borders which are currently under a combination of designation and
zoning as either “agricultural” or “environmental protection” areas, should be placed within the Greenbelt, as
this is the best way to conserve the watersheds that the NPCA is entrusted to protect. Urbanization is the most
serious threat to these watersheds, causing pollution and bringing about a reduction in the diversity of aquatic life.
densities sufficient to encourage the province to invest
in higher order public transit. (rail, or separated bus
lanes.
From the standpoint of urban need there is no
reason why the various watersheds protected by the
NPCA should not be ‘Greenbelted.’ The amount of
surplus urban land in the southern Greenbelt is truly
staggering. This was most carefully documented by
Dilon Consulting in its December 2008 “The Growth
Management Strategy for the Niagara Region”.
Another great benefit of ‘Greenbelting’ Niagara is
that it would properly protect “Provincially Significant
Forests”. Currently, only the forests within the
Greenbelt have serious protection. Those outside of
it can be scarred on the basis of what the Niagara
Regional Official Plan terms “Environmental Impact
Statements” (EIS), paid for by the very parties that
seek to have site alterations in a forest.
There are also real-time proposed urban boundary
expansions that ‘Greenbelting’ Niagara would end. One
is supported by the City of Niagara Falls immediately
south of the Niagara Escarpment and another is
immediately adjacent to it in North West Niagara Falls
and subject to the possible court challenge of PALS'
recent successful OMB hearing.
Dilon’s recommendations opposing any expansion of
urban area boundaries, were eventually incorporated
into the Niagara Regional Policy Plan after the
Provincial government lodged an OMB appeal, which
PALS supported . The essence of their findings
was that no urban boundary expansions should be
allowed because the Niagara Region has a 40 year
supply of residential land, which is twice the amount
of land supply recommended by the Provincial Policy
Statement. (PPS) The surplus of land in the Niagara
Region is so great that an amendment to the Niagara
Regional Official Plan is being developed to create a
phasing policy.
These lands moreover, in addition to the important
role as an ecological corridor, are high quality lands
for grape production. At a time when a phasing policy
is being developed because densities are already too
low, taking the strong medicine of Green Belting is
truly urgent to restore our region to ecological health.
This would also help ensure that encroachments into
the existing Protected Countryside are not put on the
table. This would be of great benefit to the Niagara
Fruit Belt, which contains most of Canada’s land
suitable of the commercial production of peaches,
apricots, plums, pears and cherries.
2.
Without Comprehensive Southern
Greenbelt Expansion, Environmentally and
Agriculturally-Zoned Lands Vulnerable to
Sprawl
An historic Ontario Municipal Board (OMB) ruling
in 1981, which dealt with the approval of the Niagara
Regional Policy Plan and the problem of severances
in Niagara’s rural areas, contained an important
statement that can help us understand the reason to
‘Greenbelt’ our region’s remaining agriculturally
and environmentally- zoned lands. This was, that
when strong medicine is called for it should be taken
promptly!
3.
Difficulties in Securing Greenbelt
Expansion Shows Need for Review Panel
Leadership
To use the OMB’s language, ‘Greenbelting’ Niagara is
strong medicine that needs to be taken quickly because
there are serious ills which it can remedy.
It is important that the Greenbelt panel members take
strong leadership role in expanding the Greenbelt
where it makes the most sense, i.e. will protect
climatically favored farmlands and natural areas . Part
of the problem we are facing is well illustrated in the
difficulties the City of Thorold has had in securing its
recommended expansion of the Greenbelt over the last
decade.
As indicated earlier by the Dilon report, there is
a serious problem of development over- capacity
of Niagara’s urban boundaries. And, one of the
consequences of the inability of Niagara to freeze
its urban boundaries is the impossibility of obtaining
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5. Importance of Securing an Easement
Program in the Context of 2015 Greenbelt
Review
All of the environmentally - zoned lands in question are
owned by various public agencies.
They are adjacent to the water supply for much of the
Niagara Region and are right next to the Greenbelt.
They also have important ecological and scenic value.
The way in which Thorold’s request has been tied
up for a decade shows the need for panel members
to cut through the red tape and take clear action. We
Recommend to the province that strong and needed
medicine be taken.
It is most important that an agricultural easement
program for Niagara be secured in the context of the
2015 Greenbelt Review. This is especially so given
the higher protection that the Greenbelt affords these
lands in comparison to other areas of the Greenbelt.
In very few places are the Greenbelt boundaries right
up against an urban service boundary. The only other
areas which PALS is familiar with are in the city of
Burlington, and the Boyd Park in York Region. (which
was a last minute inclusion to the Greenbelt in response
to considerable public pressure).
4. Protecting Our Waters By Expanding
the Greenbelt
One of the most insidious aspects of urban sprawl
is that it kills our waters. Once watersheds become
urbanized at a level even as low as six percent, the
streams within them begin to die, as the aquatic biota
within them become progressively less diverse, in
response to pollution from road salts, automotive
fluids and sediment. In fact, when streams have been
urbanized beyond 30 percent watersheds are no longer
healthy, and in all of Canada the most polluted stream,
Toronto’s Don River, is the heaviest urbanized
watershed, with over 80% encased in urban zoning.
The Greenbelt provisions for Niagara are moreover,
considerably more restrictive than in other parts of
the protected countryside. There is language in the
plan, although this very feature is likely to become a
target for the review, that the boundaries here are to be
“permanent”.
There is a far better consensus about the need for
protection of other areas of the Greenbelt than in
Niagara. In these parts of the province, those impacted
by the Greenbelt tend to be individuals who make
angry presentations in the Greenbelt review but they
have not shown the ability, as have the farmers of
Niagara, to have concerted public protests. In the past
these have included large mobilizations- the latest one
being at the Greenbelt review public meetings on April
16, where farmers made up a half of the at least 300
people in attendance and had a plan of action spelled
out, and distributed ahead of time.
In the southern Greenbelt area there are a number
of places where urbanization threatens to degrade
streams. For instance, the urban boundaries of
Smithville have been the subject of much wheeling
and dealing between the, developers, West Lincoln
and the Niagara Region. The threat is also the worst
aspect of schemes for the Airport Employment District
in Hamilton, which have been the basis for disputes,
meditations and Ontario Municipal Board (OMB)
hearings for about 20 years.
The situation which generates the protests is very
different than in other parts of the Greenbelt. The
Greenbelt’s stronger protection are based on the
assumption that there is a specific kind of agriculture
worth protecting, that being tender fruit, particularly,
and grape growing. This means that government
investments /incentives such as easements to protect
these unique lands and encourage tender fruit growing,
which is the a key driver of tourism in Niagara are
appropriate public policy and will strengthen the
Greenbelt in Niagara.
One of the most dramatic areas where water quality
and urban boundaries are connected is in the City of
Niagara Falls. Pollution problems here have caught the
attention of veteran environmentalist, Jean Grandoni,
who has seen in the course of her lifetime, urbanized
watersheds such as Beaverdams and Shriners Creek
turn into open sewers. Three streams- Beaverdams,
Shriners and Ten Mile Creek- flow from the city of
Niagara Falls into the Welland Canal Turning Basin.
This is a Provincially Significant wetland, which still
supports valuable game species such as the Northern
Pike. However, a myriad of assaults on the environment,
such as illegal dumping and pollution, have prevented
the pike from spawning within the City of Niagara
Falls as they did during the 1950s.
Environmentalists cheer Niagara Falls
OMB decision
After a decade-long fight over a proposed
seniors community on farmland next to
protected Greenbelt, the OMB ruled against
the landowners, city and region.
Although the Ten Mile’s Creek’s flow problems have
created difficulty in it maintaining fish habitat, it remains
important for breeding amphibians. The stream is
connected with forested vernal pool wetlands running
through it, one of which a concept plan for a proposed
development suggested be turned into a storm water
management pond. Unlike urbanized Beaverdams
and Shriners Creek, almost all of the watershed of Ten
Mile Creek is on agriculturally zoned lands.
By: Rachel Mendleson News reporter,
Published on Sun Mar 29 2015
Peter Power / The Toronto Star
John Bacher, a researcher for the Preservation of
Agricultural Lands Society, walks on farmland he
helped save from development in Niagara Falls.
Environmentalists are cheering the OMB decision to
deny the urban boundary expansion of Niagara Falls.
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cont'd on page 5
Environmentalists are applauding the outcome of
what they say is one of the most important farmland
protection battles in the history of the Ontario
Municipal Board, over a hotly contested site on
the edge of Niagara Falls, Ont., just outside the
protected Greenbelt. After a decade-long fight over a
proposed residential community for seniors — and a
grandfathered development application — the board
ruled this month against a group of landowners, the
city and the region.
designation of the 90-hectare site from rural to urban.
Although the application was approved by the city and
the region, it was appealed to the Ontario Municipal
Board by Grandoni, among several others.
Because the proposal was submitted in 2004, before
the Places to Grow Act, which guides current policies
for growth across Ontario, came into effect, the board
relied on the 1997 planning rules.
It sought to add to the urban boundary land that is
currently under crops, in addition to the Italian club
and church, a small motel, a trailer park and a few
houses. Those in favour of the development argued it
was justified by growth projections for the area and
the lack of available land for new detached and semidetached homes. “This area is a better fit being used for
something else besides farming,” said Peter Lowe, an
elder at the Redeemer Bible Church, which is among
the landowners.
The decision blocks the proposed expansion of the
urban boundary of Niagara Falls to the northwest,
effectively protecting 90 hectares of prime agricultural
land. Against the backdrop of a provincial review of
the 10-year-old Greenbelt Plan, currently underway,
environmental lawyer David Donnelly says this
could be a “bellwether” case, suggesting there’s an
appetite for expanding protection beyond the current
boundaries.
“We’re trying to preserve what’s left.”
The proposal, for a total of nearly 1,400 residential units,
would have required expanding the urban boundary
of Niagara Falls and changing the designation of the
90-hectare site from rural to urban.
Although the application was approved by the city and
the region, it was appealed to the Ontario Municipal
Board by Grandoni, among several others.
“Every other community should go through the
same exercise that we had to painfully go through
for over a decade to get this land protected,”
said Donnelly, who represented two of the parties
fighting the proposed development.
The landowners include a church and an Italian cultural
club, both of whom have invested ample resources
toward the promise of a seniors’ community. For them,
the verdict has triggered profound disappointment.
Because the proposal was submitted in 2004, before
the Places to Grow Act, which guides current policies
for growth across Ontario, came into effect, the board
relied on the 1997 planning rules. It sought to add to
the urban boundary land that is currently under crops,
in addition to the Italian club and church, a small
motel, a trailer park and a few houses.
We followed all the rules, only to get the door slammed
on us,” said Joe Maggiolo, president of Club Italia,
which had planned to build about 125 residential
units for seniors on its property. “For our club, this
is total devastation. Our plans for the future, they just
cut us right down.”
Those in favour of the development argued it was
justified by growth projections for the area and the
lack of available land for new detached and semidetached homes. “This area is a better fit being used
for something else besides farming,” said Peter Lowe,
an elder at the Redeemer Bible Church, which is
among the landowners. Niagara Falls city solicitor Ken
Beaman said estimates indicate that the population
will increase from 89,100 in 2011 to 106,800 in 2031.
Various landowners submitted different plans, but the
city had envisioned dedicating the site to 949 detached
units, he said.
But local resident Jean Grandoni, who opposed the
development, said fighting to retain the shrinking
agricultural base is “a matter of survival.”
“It’s high time that the agricultural communities got
first choice of the land, and not the cities, because
all they’ve been leaving us is the leftovers,” she said.
“We’re trying to preserve what’s left.”
The proposal, for a total of nearly 1,400 residential
units, would have required expanding the urban
boundary of Niagara Falls and changing the
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cont'd on page 6
cont'd from page 5
In its decision, the board applauded “the intention to explore a very full range of housing types and alternatives
for a complete community.” However, it found that the city and the region “(have) not demonstrated that there is
a need for an urban boundary expansion.”
In a statement, Niagara Region chair Alan Caslin said, “We are disappointed with the board’s decision and will
be considering our next steps in the coming days in consultation with the proponents and the City of Niagara
Falls.” Ontario Municipal Board decisions may be appealed only on the grounds that the board made an error
in law. In the meantime, Susan Swail, Greenbelt program manager at Environmental Defence, a Toronto-based
environmental group, sees the decision as an “opportunity” for Niagara Falls “to grow up instead of out.” “There
are opportunities for urban renewal in the downtown areas”
Looking for more information about PALS work?
Take a look at our web site, at http://www.people.becon.org/~pals
or visit Ontario’s Environmental Commissioners “Environmental Beginnings site at
http://environmentalbeginnings.ca.
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paper from renewable sources only.
For further information, please see
http://www.tph.ca/HS/Domtar.aspx
80 King Street, St. Catharines
905.682.2342
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