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OMB rejects Ontario/John St. Tim’s

A proposed new Tim Horton’s outlet at the corner of John and Ontario Streets in Beamsville has been rejected by the Ontario Municipal Board.

In a decision issued last week, OMB vice-chair Steven Stefanko said evidence presented during the appeal process was clear.

“When I scrutinize and carefully consider Town Council’s decision in this matter, I cannot overlook the absence of written reasons given and the material, or lack thereof, which was before Council at the time Council’s decision was made,” wrote Stefanko in his decision.

“These matters, coupled with the evidence presented in this case, lead me to the inescapable conclusion that Town’s Council’s decision cannot be endorsed. In the final analysis, the proposed Tim Hortons is simply too large for the site in question and the ZBA does not conform to the Town OP, in my view.”

John Marinelli of Providence Professional Management Inc., which manages two adjacent apartment complexes and appealed the Town’s zoning bylaw amendment to allow the development, said Stefanko made the only decision he could

“(He) agrees that a drive-thru in such close proximity to multiple two-storey residences will have an adverse impact on such adjacent land use and will exceed noise limits set by the Ministry of Environment – by a considerable margin,” Marinelli told NewsNow on Tuesday of this week.

“The Town should have simply rezoned the remainder of the old RONA lot used for the John Street extension for residential use in the spirit of intensification. Plenty of commercial lots and buildings more suitable along Ontario Street are underutilized and should be considered instead.”

At this time, it is unclear what the decision means for the project.

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