Mulmur resident fights for greenhouse

Mulmur Council saw some controversy at its Wednesday night meeting during a deputation from John Hilchey, a resident who recently erected a large greenhouse on his four-acre property north of Mansfield.

Council had passed a resolution at its previous meeting ordering Hilchey to have the greenhouse removed, after an anonymous complaint led Mulmur planner Ron Mills to discover the structure which is not permitted under the property’s current Rural Residential zoning.

Hilchey is the husband of Mulmur Councillor Lynn Hilchey, who removed herself from Council Chambers during all discussion on the topic.

During his deputation, Hilchey disputed Mills’ interpretation of the Township’s zoning bylaw, pointing out that when he bought the property in 1992, it had been zoned Rural Agricultural, a classification that permitted greenhouses as well as all manner of agriculture-related uses. Hilchey argued that since that time, he has been farming fruit and vegetables, keeping chickens and Belgian horses, and generally operating a sustainable agricultural operation on the property. Since there has been no break in that activity, he argued that those uses should then be given “legal, non-conforming” status with regard to the new Mulmur Zoning Bylaw, which was adopted in 2005 and changed Hilchey’s zoning to Rural Residential.

In his response to the deputation, Mills conceded that some of Hilchey`s activities, like the raising of chickens, could be “grandfathered,” as could other agriculture-related structures on the property that predate the new zoning bylaw. Any new construction, however, must conform to current zoning, which means that the greenhouse must be removed.

Through his deputation, Hilchey was requesting that Council grant him municipal approval to apply for a building permit for the structure. He claimed he didn’t apply for one before construction because he was told by Mills that he didn’t require one. (Afterward, Mills told the Echo that he understood that Hilchey was asking about a much smaller structure). As for applying for one now, Mills said such a move was irrelevant as current zoning would not permit the granting of a permit.

Several neighbours of Hilchey were in the audience, and all had given him letters indicating their support for the greenhouse and his other agricultural activities. This led to some criticism, during the public forum that followed the Council meeting, of Mulmur’s policy of keeping the names of those who complain to the Township about bylaw contraventions confidential.

“This is a slippery slope we’re heading down,” said resident Dick Byford. “We should be able to sit down and talk freely to one another as neighbours.”

In the end, despite verbal support for Hilchey from Deputy Mayor Rhonda Campbell Moon and an indication of non-support from Councillor Heather Hayes, Council decided to defer the matter to its next meeting, and requested a further report from Mills, considering the arguments put forth by Hilchey. Councillor Earl Hawkins asked that legal advice be obtained if necessary.

Mills agreed to look further into the matter, although he seemed to indicate that his position would not change.

“The number of letters of support, the number of friends one has, whether someone agrees or disagrees with what is happening here is irrelevant,” he said. “Any ratepayer has the right to have the bylaws of the municipality enforced and we have a written request that this be done. This is not an easy thing for any of us, but it is our job, and we need to be very careful that what applies to any one of us applies equally to all of us.”

Dufferin Wind Power Comments

Mulmur Council approved a list of comments compiled by Planner Ron Mills that will be forwarded to the Ministry of Energy and Dufferin Wind Power, as that company continues with its plans to erect 49 wind turbines on 6,000 acres in northeastern Melancthon Township. The project could also see a transmission line constructed along the Mulmur-Melancthon Townline.

Among the comments are a request that the project not be approved until the results of a recently announced federal study of the health effects of wind turbines are known; a statement that questions of noise and visual impacts of the project on Mulmur residents have not been addressed satisfactorily; a note of concern regarding a private airstrip located on the Townline; a critique of the decommisioning plan and a request that adequate funding be provided at the outset to ensure the full cost of decommissioning is covered; and a statement that adjacent landowners should be compensated at market value should required setbacks render any parcels of land undevelopable.

Dufferin Wind Power will hold a series of second public information centres starting on Tuesday, July 24 from 6 to 9 pm at the Horning Mills Community Hall, and Thursday, July 26 from 6 to 9 pm at the Honeywood Community Centre.

3rd Line Gate Permission Rescinded

Following Council’s recent decision to give up any claim to the 3rd Line deviation road, a motion by Councillor Lynn Hilchey passed Wednesday night rescinding a 1958 resolution of Mulmur Council which allowed the owner of the day of the property currently owned by John Thomson to “erect a gate across the 3rd Line.” Hilchey said her fear was that, although the 1958 resolution likely referred to the deviation, the fact that it remained on the books may allow the current deed-holder to gate the road allowance, which remains the possession of the Township. Only Mayor Paul Mills voted against rescinding the old resolution.