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Newmarket residents battle to keep 'chainsaws' out of backyard

A 37-household petition asks the Town of Newmarket to consider purchasing land adjacent to the historic Mulock Estate to prevent the developer who owns it from cutting down trees
20190617 Edie Andrews kc
Newmarket resident Edie Andrews and her Jordanray Boulevard neighbours are trying to stop the clear-cutting of trees from a developer-owned property behind their homes at Yonge Street and Mulock Drive. Kim Champion/NewmarketToday

As Edie Andrews stands in her Jordanray Boulevard backyard and talks about saving the large trees behind her Newmarket home that provide both a buffer to bustling Yonge Street just beyond and a home to wildlife, a chipmunk scurries underfoot, a bee buzzes by and several species of birds can be observed in flight.

The triangular parcel of land on which the trees are located is owned by Criterion Development Corp. The property abuts the Town-owned Mulock Estate to the south, and the Rexall plaza on the west side of Yonge Street, just north of Mulock Drive.

Save for the trees, the land sits empty and the company hasn’t submitted a development application to the Town.

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Andrews, who moved to Newmarket five years ago from Toronto, along with several neighbours, were at Newmarket’s committee of the whole meeting Monday to ask council to use its power of persuasion — for the third time — to dissuade the developer from chopping down some of the trees on the property.

Residents only learned last Friday of the possibility of waking up to the “sound of chainsaws” when they received a letter from the Town of Newmarket notifying them of the developer’s intentions, Andrews said.

So, over the weekend, Andrews went door-to-door and garnered the support of 37 households for a petition she presented to Newmarket council to ask the Town to consider purchasing the property to develop it as part of the Mulock Estate year-round park for the benefit of the community at large.

The petition states that purchasing the subject land “is a unique opportunity to bring together existing environmental protection areas adjacent to the hydro corridor and cultural heritage features and create a truly iconic public space in Newmarket, a sanctuary for birds, bees and wildlife, and make the Town a leader in creating liveable spaces for all”.

As it stands now, trees that are on privately owned lands and that are not subject to a development agreement with the Town are generally not protected. And the Town currently has no method to respond when trees are removed prior to a development application being filed in an attempt to avoid paying compensation, a staff report states.

A review of the Town’s approach regarding the protection of trees on private property has begun and public consultation on the issue is expected to follow to help shape any new policies and bylaws.

When a property is subject to a Planning Act application in Newmarket, the Town’s tree policy applies. That means any tree may be removed to facilitate development, but the builder must either replant a corresponding number of trees or pay the cash equivalent for said trees.

“To date, the owner, Criterion, has told Town officials that there are no plans to sell or develop the site, so we feel there is no need to cut down the trees now,” Andrews said.

Criterion did not respond to a request for comment at the time of publication.

“In the short term, clearing the land means the green buffer behind us and the noise, dust, and pollution of the Yonge Street transit construction is gone and animals lose their homes, for no good reason it seems,” Andrews told council. “In the longer term, until (the property) is developed, the land will become an eyesore, similar to the parcel on the southwest side of Mulock, or the plot at the corner of Yonge and Clearmeadow, which is a collection place for garbage.”

The clear-cutting of the site has so far been delayed twice. Councillor Kelly Broome, in whose ward the land is located, and Mayor John Taylor have successfully negotiated with the developer to leave the trees in place.

“We are asking them to use their influence to delay it again,” Andrews said.

Council asked staff to reach out to Criterion again to discuss the removal of the trees, as well as confirm the buffer zone that will be left intact and re-issue a new letter to area residents.

Check back here for more on this developing story.


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Kim Champion

About the Author: Kim Champion

Kim Champion is a veteran journalist and editor who covers Newmarket and issues that impact York Region.
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