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HomeMy WebLinkAboutThe Citizen, 2016-10-13, Page 17THE CITIZEN, THURSDAY, OCTOBER 13, 2016. PAGE 17. Huron East requests 'snow lot' garden report By Shawn Loughlin The Citizen A verbal agreement regarding a private Seaforth garden on municipal land may be coming to an end. Matt Chapman, a lawyer with the Ross Firm Corporation, spoke to Huron East Council at its Oct. 4 meeting on behalf of his clients Stephen Perin and Richard Green. Perin and Green bought a home on Coleman Street in Seaforth, which is right beside what is commonly referred to as "the snow lot" in Seaforth, where municipal snow removal trucks have dumped the town's snow in past winters, although it has not been used in that capacity in the past few years. Prior to buying the home, Chapman said the two men spoke to their real estate agent who then spoke to Chief Administrative Officer Brad Knight in regards to using the snow lot property adjacent to their backyard to plant a garden. Knight agreed and the pair bought the house. Somewhere along the way, however, the garden exceeded the expectations of Knight and the maintenance of the garden property fell short of what neighbours expected. The grass was left longer than neighbours felt was appropriate (the pair took up maintenance of the property that had previously been maintained by the municipality). In addition, the men planted a number of fruit trees, which Knight said exceeded his expectations of what a "small garden" on municipal property would entail. In speaking to councillors, Knight said that he did indeed make the agreement with the pair's real estate agent, but that his expectation was a "10 by 10 vegetable garden" not start planting trees on the land. Chapman said that his clients would like to continue using the portion of the lot, specifically a parcel 150 feet long and 65 feet wide, an area of 9,750 square feet. In terms of using the lot for snow disposal, the garden would be at the back of the lot, so it wouldn't pose a problem for snow removal trucks. He also said that his clients had invested heavily in the garden, spending over $1,000 on the trees in an effort to feed their family. Several councillors felt uncomfortable with the prospect of an arrangement, saying that allowing the men to exclusively use the municipal property without paying any rent would set a dangerous precedent. Councillor Kevin Wilbee, a lawyer by trade, also said that the ownership over the property being taken by the men concerned him. If the trees were planted on municipal property, they are the municipality's trees. Mayor Bernie MacLellan was also concerned with the pair's proposal to fence the strip of land. Once fencing is installed and the crops are covered, another precedent of allowing someone to construct something on municipal property will have been set. Chapman told council that a temporary fence could be constructed, but councillors felt that still didn't address the issue at hand. MacLellan said that the municipality did want to maintain that area as a greenspace, but if that was the municipality's intention, then perhaps the entire property should be opened to the entire community where plots could be rented, similar to what the local food bank is doing on the land near the Seaforth and District Community Centre. The difference between the two properties, however, as Councillor Nathan Marshall pointed out, is that the food bank property is open to members of the public, whereas the snow lot proposal is simply a case of two private residents using a large municipal lot for their own purposes. Council directed Knight to produce a report with several options for going forward that will be presented to council at a future meeting. 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