APPEAL SECOND HEARING DATE SCHEDULED

A second Ontario Land Tribunal case management hearing has been scheduled in May for the appeal of Hamilton Conservation Authority's denial of a proposed dentist office and walk-in medical clinic at 10 Governor's Rd., in a regulated area next to Spencer Creek.

The property's owner listed the former variety store and used car dealership for sale in February, at a $3.2-million asking price, approximately three months after appealing the HCA's September 2022 decision.

The authority board of directors denied the application after its staff said the proposal did not satisfy provincial floodproofing requirements for a new use in an existing structure.

An approximately 20minute long telephone conference on Monday, March 13 did not include discussion of any issues of the appeal, or any requests for status in the hearing.

Lawyer Rene Larson, representing the numbered company that owns 10 Governor's Rd. and applied to Hamilton Conservation Authority to change the building's use, said he wanted to see if there was some opportunity for mediation with conservation authority representative Francesca D'Aquila-Kelly of Toronto law firm Beard Winter.

"I think there's some things that can be resolved, and narrow down the issues and hearing time," Larson said.

D'Aquila-Kelly said it was the first she'd heard about possible mediation, but was "willing to discuss that with my client."

Tribunal member Jennifer

Campbell said it appeared Larson and D'Aquila-Kelly hadn't had an opportunity to discuss issues of the appeal — which Larson confirmed.

"You're probably likely to make some progress between the two of you," Campbell said.

D'Aquila-Kelly said since they'd only been in touch briefly, it "could be fruitful" to have private discussions.

Campbell set a tentative date of Friday, May 12 at 9 a.m. for another telephone case management conference. A written decision is expected be issued confirming the date, with a new call-in number.

During a Sept. 1, 2022 authority hearing, conservation planner Elizabeth Reimer told the board regulatory flood levels set by the province would reach the top of the proposed walk-in clinic's front and back doors.