City rejects developer’s appeal
Company claims ‘tree management’ was to be followed with plantings
A city committee has rejected an after-the-fact permit appeal by a developer charged with cutting 100 trees without permission in a brow lands woodlot.
Upset Scenic Drive residents complained in late March after Valery Developments Inc. cut 106 trees — including ash, evergreen and maple — just a few days before the city formally denied the developer’s permit request.
The city laid an illegal tree-cutting charge under Hamilton’s woodland protection bylaw against the developer this week, said bylaw head Ken Leendertse.
The maximum fine for a first offence for a corporation under the bylaw is $50,000 or $5,000 per injured tree — but special fines exceeding $100,000 can also be levied to “eliminate economic advantage” gained by breaking the law.
Representatives for the developer appeared before the planning committee Tuesday to appeal the denied permit, arguing the cutting was based on good science.
“We don’t view this as clear-cutting, but tree management,” said representative Sergio Manchia, who added the developer consulted experts and planned to replace the trees at a three-to-one ratio elsewhere on the property.
Manchia said the developer started cutting in late March to avoid migratory bird season and was told to expect an earlier city response.
Ward Coun. Terry Whitehead praised Valery as an “outstanding” developer, but also noted there is no formal application before council for the controversial brow site, which spurred an Ontario Municipal Board development fight under a previous owner.
“There was no need to rush,” he said after the meeting, suggesting a tree management plan should have come via a “consultative” development process.
Other councillors panned the after-the-fact appeal. “Clear-cutting and then coming back for the permit … that is not acting in good faith,” said Coun. Matthew Green.