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The Westmount Examiner
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Letters to the editor

Article online since April 18th 2007, 14:22
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Letters to the editor
Demolition verdict was well considered

To the editor:

I read with interest Michelle Weinroth’s eloquent comments about the appeal to council brought by her parents in relation to the demolition of the house beside their family home.

This appeal came at the end of a long and serious process. Westmount has, for many years, had a comprehensive process for demolition requests whose goal has always been to preserve the quality of architecture which is a hallmark of this community. The decision-making process, however, is a balancing act between the individual rights of various property owners — those who own a house they wish to demolish and rebuild and those who live in proximity to it, as well as the collective desires of a community who cares about the architectural value of the current and future Westmount environment. It is a lengthy process, involving analysis by the architects on the Planning Advisory Committee and their conclusion as to whether or not they have any objections to the demolition of the existing house. This is followed by a complete hearing of all concerned and a decision of the Demolition committee. Finally, if the issue is not resolved, there is the right of appeal to council.

The bylaw on which all of this is based remains the same and so unless council sees that the law has not been followed or that there are new elements which were not taken into consideration in earlier stages, it is likely, although not necessary, that they will come to the same conclusion.

There were five members of council present at the recent hearing, all of whom had visited the site and studied the dossier completely. We listened attentively to all concerns expressed and to the responses of the architect on behalf of the owner of the new home to be built.

There were very serious concerns addressed: loss of light, view, increased noise and dust, and the potential damage from the tearing down and rebuilding of a house and its impact on older residents of our community. Many of these issues are the same ones we deal with in any new construction or major additions to homes on the mountain. As a built-up community, construction on one site will always affect the neighbourhood and we have put some safeguards in place. Over the years, we have added new rules to regulate rock excavation and assure that there is not damage to properties in close proximity. The province has standards which require environmentally appropriate methods of demolition. We have limits to regulate building hours and use of heavy machinery. We require construction site management plans including disposal and storage of materials. We monitor the application of all of these regulations with the goal of minimizing to the greatest extent possible, the impact on neighbours.

The demolition hearing process was undertaken and managed with sincerity and openness on the part of all of us. When the meeting ended last week, it seemed as though the result included some compromise that might work for all. I felt encouraged as I saw the new and old residents shaking hands and speaking together.

Through this process, the new owner and his architect had proposed some modifications to respond to the demolition committee’s requests in order to diminish the impact of the house to be built on the existing home next door. Landscaping changes were suggested which might ameliorate some concerns. They still have to complete the review process with the planning advisory committee.

Living in community is always a balancing act and we on council try hard to respond to concerns in an even handed way when looking at the rights of residents who disagree in areas over which we have jurisdiction. We are convinced that we have done that in this case.

Karin Marks

Mayor, City of Westmount



Demolition process should be rethought

To the editor:

On April 5, Westmount City Council held a special

meeting to consider an appeal to a ruling of the city's Demolition

Committee to permit the demolition of a 1960s-era bungalow at 310 Cote St. Antoine Rd. The four councillors present at the meeting voted to reject the appeal, thus upholding the original decision of the

Demolition Committee. Democracy at work; the provincial legislation

regarding demolitions was followed to the letter.

So why am I writing? As president of the Westmount Municipal

Association, an organization dedicated to the good governance of our

city, I want to point out two problems. I also want to suggest a remedy.

The first problem affects demolitions in general. Westmount is highly

built up and well-near fully developed. We no longer have decrepit

sheds, barns, or stables whose demolitions would stir up little

public interest or controversy. Today's applications for demolition

permits may involve destroying perfectly adequate houses in order to

replace them with bigger dwellings, as at 310 Cote St. Antoine. Not

only immediate neighbours, but potentially entire communities can be affected. So why is it that applications for demolition permits can

be approved by a committee consisting of just three councillors? In

contrast, all applications for construction permits, even if it just

involves replacing some windows in your house, must go in front of

the full City Council for approval. Are demolitions of entire houses

somehow less important than replacing a few windows or putting up a fence? When this question was put to Council at a recent meeting, the answer was that Westmount was simply following provincial law.

The second problem is illustrated by the April 5 meeting. The

Demolition Committee which had originally approved the demolition

permit for 310 Cote St. Antoine consisted of three councillors; the

council meeting which then rejected the appeal, thus confirming the

original decision of the Demolition Committee, had a quorum of four

councillors and the mayor. But it turns out that three of the four

councillors present were the same three sitting on the Demolition

Committee that had originally approved the demolition.

As a psychiatrist, I can assure you that once a person has made a

decision, it becomes very difficult to change their mind. All of us

have trouble admitting, even to ourselves, that we were wrong. Thus

in this case the deck was stacked against the appellants: three of the

four councillors at the meeting had already voted against them, and

would likely do so again. If you were appealing a court decision,

would you be happy if you were in front of the same judge again?

Council conveys the impression that this situation is all a result of

provincial law. But is that really the case? While section 148.0.3 of

the Act respecting land use planning and development calls for a

Demolition Committee consisting of three councillors, it goes on to

state that "the council may assign itself the functions conferred on

the committee", i.e. the entire council may act as the Demolition

Committee.

I strongly recommend that council do so. This would give the message that demolitions are taken at least as seriously as replacing windows.

Dr. Henry Olders

President, Westmount Municipal Association



Turf issue needs careful consideration

To the editor:

As a Westmount resident, parent, and former volunteer soccer coach I feel compelled respond to the "save the park" campaign and letters by Stephen Chin and others.

By all means, let us go as green as we can! Let us grass the tennis courts, tree the library parking lot, make the swimming pool a natural pond and return to 'real ice'! The reality is we live in an urban downtown environment and need to balance out many different community needs and pressures on our space. The current 'save the park' campaign has hijacked the issue and turned it into an environmental debate.

Soccer is played by over 1,000 children and young adults in Westmount. The fields are used by local high schools, ultimate Frisbee players, and budding lacrosse and rugby players. They are high-use fields in a densely populated area, and frequently end up brown, matted and hardly a significant source of oxygen or fun to 'rough and tumble' on!

Do Westmounters want to restrict the ability of their children and grandchildren to participate locally in community recreation? As it is, the soccer program is limited (only six weeks in the spring) and many of our enthusiastic and talented players and coaches 'move' to neighbouring municipalities. There were over 150 kids on the waiting list after this year's sign-up. Perhaps more fields could be created to meet the needs (where?) or all of the current fields fenced off with limited access, or we could sacrifice one field to artificial turf and have it used continually by the schools, the soccer players, and any other community members with a field requirement.

So, fellow citizens, take the time to understand all sides of this issue, come to the public consultation in May, and be knowledgeable before signing a petition directed by individuals that may be operating out of self-interest due to their proximity to the playing fields.

Lori Baird

Holton Avenue



City displays good management and foresight

To the editor:

Upon attempting to drive to Westmount around midnight on Sunday night, in the midst of snow and icy roads, vehicles were unable to navigate the Guy/Côte-des-Neiges corridor above Sherbrooke Street due to the fact that Montreal snow clearing equipment and crews were no where evident.

Police were forced to block off access as scores of vehicles had no traction and skidded dangerously. However, upon eventually reaching the boundary of Westmount, all of our horizontal and vertical streets were devoid of safety and access issues, given that our Public Works staff were working all evening (and later throughout the night), effecting repeated ploughing and salting of our roads and sidewalks.

The management of our City, led by Director General Bruce St-Louis, via Public Works and Public Security, were clearly proactive in anticipating the need to promptly put our valued personnel and 'action ready' equipment onto our streets early, to optimize safe access for citizens, schools and emergency vehicles. Megacity 'management' was lethargic, maybe even fast asleep, in procuring weather forecasts and the often heard adage of 'One City, One Plough' applied once again.

The management and dedicated employees of our City are to be saluted for their timely intervention, effort and results.

As citizens of Westmount, I believe, we were, and indeed are, very fortunate that former Mayor Peter Trent had the fortitude and insight, and together with then city councillors Karin Marks, Cynthia Lulham, John de Castell, Tom Thompson, Barbara Moore, Margaret Lefebvre, Nic Matossian, and Claude Limoges, rallied Westmount citizens to aggressively: 1) protest the mega city merger put forth by the Parti Quebecois government; 2) cause the then Liberal party opposition to promise to undo such merger legislation; and 3) work and vote to demerge from the megacity, notwithstanding the inordinate threshold levels subsequently put forth by Premier Jean Charest, who also deceptively refused to reform and/or re-tool the unworkable Agglomeration Council (AC) unilaterally and autocratically controlled by Mayor Gérald Tremblay.

Premier Charest found it politically expedient and imperative to improve another AC prior to the March 26 election, but not the AC of Montreal. The substantial surplus decreases in traditional Liberal ridings may turn into outright losses if the minority Premier does not seize the opportunity of working with the ADQ to amend and right the AC and restore his integrity.

While certain citizens may have some reservations of having demerged from the megacity, the Sunday snow encounter (amongst numerous other attributes of being a demerged City), continues to clearly reinforce the foresight of our then City Council in ensuring our independence as a City, notwithstanding the obstructive 'efforts' of the Liberal government.

Mayor Marks, supported by the present Council, has consistently exposed the inefficiencies of the AC and she has provided island wide leadership against the tunnel vision and inept Quebec government.

Howard B. Hoppenheim

The Boulevard

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