Downtown landowner upset neighbouring developer plans to destroy 100-year-old trees

Downtown Kincardine landowner David Brown and his tenant, realtor Russ Coultrup, are upset that the development under construction to the north, at 841-851 Queen St., will destroy three 100-year-old trees located on their property.

Wednesday, Brown and Coultrup chained a sign to the tree closest to the sidewalk, which says “Save me.”

They say that the developer, Mejer Holding Inc., represented by Ashok Dhir, will not even consider reconfiguring the development which is slated to be a three-storey, mixed-use structure at 841, 845 and 851 Queen St., with 491 square metres of commercial space on the ground floor, and 20 residential two-bedroom units (10 on each of the second and third floors).

Kincardine council approved the rezoning of the property back in 2012, and this year, okayed the site plan agreement which includes a proposed payment in lieu of 16 commercial parking spaces.

Brown says that when the rezoning was approved in 2012, it merely allowed a mixture of commercial and residential development, and an exemption for the parking.

“Then the developer came back wanting more units and additional variances,” he says. “As is, it's setting a precedent that a developer can cut down trees on an adjoining property.”

Brown says that the developer has zero lot line at the south end of the property, adjacent to Brown's property at 835 Queen St. Therefore, the required building footings would actually be on his land, and would damage the roots to the 100-year-old trees, causing them to die or fall over, and requiring them to be removed.

“All the developer needs to do is switch the plans around so the driveway is adjacent to our property and the building is on the north side,” says Coultrup. “But he won't do it, even though it would be better for parking and more aesthetically pleasing, and would preserve these trees.

“These three large trees are on the property line so they are on our property. We're just asking the developer to change the plans so the trees aren't destroyed.”

Coultrup says the Municipality of Kincardine refuses to do anything to preserve the heritage and the 100-year-old trees. “They (municipality) can't even bother to reply to our E-mails, except to say sort it out yourselves.”

While Brown and Coultrup were chaining the sign to the tree Wednesday afternoon, Dhir came over and told them that he can, in fact, dig footings with a zero lot line, without encroaching on their property. However, he would have to remove the branches along the north side because they would be in the way of the building. Hence, the plan to remove the three trees and replace them with six decent-sized trees.

He insisted the design cannot be changed to put the driveway on the south side, and that he can remove the trees because they are halfway on his property.

Brown presented him with a “Notice Not to Trespass” which he refused to accept.

The notice states that in accordance with the Trespass to Property Act (R.S.O. 1990), Roy-Mar Demolition (Attention: Adam Watson) and Mejer Holding Inc. (Attention: Ashok Dhir), “are hereby given written and witnessed notice that they must not be on the property of 1016237 Ontario Inc. (Attention: David Brown) located at 835 Queen St., Kincardine, Ontario, effective Oct. 21, 2020.

“You are not to return to this property.

“Failure to comply with this notice will result in the police being contacted and charges being laid under the above Act.”

The document was signed by Brown, and witnessed by Margaret Coultrup. It was hand-delivered to Watson and E-mailed to Mejer Holding Inc., with a carbon-copy to the South Bruce OPP.