Programs

Black Barn Maple on CBC News

CBC News ran a story on June 2nd about the initiative to try to save the “Black Barn Maple” in western Long Branch.

The Backstory

Phot of Black Barn Maple at rear of 95 James Street — **Courtesy** Robert Krbavac, CBC

The tree is located to the rear of the house at 95 James Street and is a Silver Maple reputedly 130 to 150 years old. The site where it is located is close to where the Eastwood family, who were instrumental in developing Long Branch as a village, had a black barn on their estate, hence its name.

The owner of the property originally applied to City Planning in May of 2018 to add a second story to the existing house and build a newer, larger home. At the time of application, the owners indicated the property was not subject to the Private Tree Bylaw, which protects trees 30 cm and greater in diameter.

The application was approved on September 20, 2019 by the Committee of Adjustment despite a August 21, 2018 memo from Urban Forestry advising there were two healthy mature trees on the property and recommending refusal of the application.

The Fallout

The approval was subsequently appealed by neighbours to the Toronto Local Appeal Body (TLAB).

The CBC News story examines the controversy about residents’ efforts to try to retain the Silver Maple.

The LBNA sought to have the Black Barn Maple, given its age, Heritage Tree status that would ensure it could not be cut down. However, this would require the consent of the property owner, who of course refused. A letter from one of the applicant’s lawyers disputed the age and historic significance of the tree.

Counsel representing the applicant at TLAB argued that the tree was located in an area in which the owner had a right to be able to cut down the tree. Their argument was based on a concept that is not defined in pertinent legislation such as The Planning Act, The Official Plan or the Bylaws.

An ad hoc group of Long Branch residents banded together to try to raise awareness about the tree and the issues surrounding its proposed removal. They have created a website, lawn signs and letter-writing campaigns.

To see the story in the CBC’s website, click here.

Severance of 80 Thirty Ninth Refused at TLAB

Over the course of a 12-day hearing, the TLAB heard evidence from the Applicant, the City and Long Branch residents about a proposal to sever 80 Thirty Ninth Street into two 7.62 meter (25-foot) lots and to construct two oversized homes.

The hearing was chaired by TLAB member Stanley Makuch and was conducted through a mix of in-person and virtual sessions, the latter being required due to COVID-19 measures.

Mr. Makuch’s 10-page decision to refuse the application to sever the property at 80 Thirty Ninth was based on the scale of the homes relative to the proposed lot sizes and preservation of trees that exist on the property and along the property line on the south side of the property.

He states the ”… frontages do not maintain the intent of policy 4.5.1 of the Official Plan” and, combined with the scale of the proposed homes, ”… will give the appearance of an overdevelopment of the lots.”

He further states that it was ”… clear that no attempt was made to design the development in a manner to preserve and enhance the urban forest in a neighbourhood where the forest and canopy are part of its character.”

He had high praise for all parties involved in the hearing, including the LBNA, who formally represented the residents during the hearing.

To read the full text of the decision, click here.

Severance of 27 Thirty Ninth Street Refused at TLAB

The proposed severance of 27 Thirty Ninth Street was refused in a May 5, 2021 decision issued by the Toronto Local Appeal Body (TLAB)

The proposal sought to sever a 15.24 meter (50-foot) lot into two undersized lots. The homes the Applicant sought to build were large in scale, coming in at a Floor Space Index of 0.62 versus a bylaw standard of 0.35 for the Neighbourhood of Long Branch. FSI is a term used to define the density of a home on its lot, and is the ratio of the gross floor area to the area of the lot.

The decision was rendered by former Chair of TLAB Ian Lord in a very thorough and meticulously detailed 101-page written decision.

The hearing, which took 6 days to complete, started on January 8, 2020 but did not conclude until March 12, 2021 due to a lengthy adjournment due to COVID-19 restrictions. The first 3 days were conducted in person while the final 3 days were virtual.

Since the City officially adopted Official Plan Amendment 320 and City Council unanimously passed the Long Branch Neighbourhood Character Guidelines, the TLAB has refused 10 severance applications with the LBNA officially participating on behalf of the Neighbourhood in all but one. Another 3 are currently still being reviewed at TLAB.

In the case of 27 Thirty Ninth, six neighbours participated in giving evidence at the hearing. They were praised by Mr. Lord for providing hard fact-based evidence in the absence of a professional planner who could provide expert opinion evidence.

“On these Applications, neighbourhood concern is evident not only in the witnesses and their evidence and presentation efforts, but also in the history of their engagement at the COA and in fulfilling the somewhat onerous Rules of the TLAB that require early and definitive disclosure, in writing, of positions.”

Key Success Factors

The successful outcomes on all of these TLAB appeals would not have been possible without the following:

Active Resident Involvement. In this case, one family elected to get involved as what is termed a Party to the appeal. Doing so gave them the right to call witnesses and to be included in all discussions regarding the application.
Active Resident Participation. As noted above, 6 neighbours provided testimony at the hearing for 27 Thirty Ninth. We have seen more than that and somewhat fewer than that at other hearings, but what is common is that multiple residents chose to have a say and were granted that opportunity by TLAB.
Factual Evidence. Residents amassed the type of data professional planners use to analyze and justify their clients’ development proposals. They studied other decisions from the OMB and TLAB to learn why previous applications had been approved or refused. They dove into the Official Plan, the Bylaws and Provincial policies to see just how well the applicants’ proposals did or did not conform to regulations.

To read the full text of the decision, click here.

Job Posting: Special Events Coordinator: Long Branch Tree Fest 2021

If you are a student in an Event Planning or similar program, between the ages of 18-30, who loves trees and the environment; and would like to assist in planning for the 3^rd Annual Long Branch Tree Fest we would like to hear from you!

As the Events Coordinator, you will be assisting the LBNA (Long Branch Neighbourhood Association) and the Tree Fest Committee to plan, promote and organize the 3^rd Annual Long Branch Tree Fest. This will involve developing a promotional plan; writing and distributing press releases; engaging local small businesses, musicians and artists; creating and distributing posters and flyers to local small businesses and within the community; promoting the event on social media; communications and organization with local exhibitors and vendors; coordination of educational events relating to urban trees and the environment; coordination and promotion of children’s activities and other activities as required to ensure a successful Tree Fest, which may be virtual or outdoors, depending on the COVID-19 situation

You will work with subject matter experts knowledgeable about the Long Branch trees, the environment and urban forestry.

In addition to preparing for Tree Fest, you will assist in planning for a series of local Community Stewardship Tree Interpretation walks and bike rides and the launch of our new TreeTrek app for self guided tree interpretive walks and rides throughout Long Branch and our local parks.

The Events Coordinator position is funded through a Canada Summer Jobs Federal Student grant program to the community. The LBNA encourages students in event planning, public relations or related communications programs to apply, including applicants who are women, indigenous students; members of a visible minority and new immigrants/refugees. University and college students are all encouraged to apply.

Interviews will be taking place shortly. Position start date will be in June.

If you are passionate about community events, environmental stewardship and conserving and expanding urban forests, please email your resume and cover letter with why you are interested in this position as soon as possible to Judy Gibson, Chair, Tree Canopy Preservation and Enhancement Committee, Long Branch Neighbourhood Association via email: longbranchnato@gmail.com

Note: The LBNA is required and committed to ensuring a safe, workplace experience for all employees. Employees will be required to follow the in force COVID-19 social distancing, personal and equipment safety and sanitizing procedures at all times.

Job Posting: Forester – Research

Urban Forest Inventory

If you are a student, between the ages of 18 – 30 years old who loves trees; would like to work outdoors in Long Branch this summer and are going back to school in the fall we would like to hear from you!

You will be assisting the LBNA (Long Branch Neighbourhood Association) in developing an inventory of the trees in Long Branch, and educating the community on the benefits of preserving and growing our Urban Tree Canopy. This neighbourhood was an exclusive cottage community in the late 1800’s featuring densely treed lots. Many of these trees survive today. This project will include identifying Heritage Tree nominees to join the first three which are now officially recognized by Forests Ontario in Long Branch; assisting with the Long Branch Remembers program to plant trees for our Veterans in Long Branch and assisting in Tree Stewardship educational materials and initiatives about the benefits of our Urban tree canopy, native trees and biodiversity.

What You’ll Be Doing

As a member of a 4-person crew, you will spend the summer outdoors to accurately record the Long Branch urban forest inventory, including species and tree health data on public & private land using digital recording and mapping software. You will also identify strategic areas to plant new trees. You will assist in analyzing the tree inventory data collected and prepare reports on the findings. Training and technical support / mentoring will be provided through community partnership with the Faculty of Forestry, University of Toronto.

Who Should Apply

This project is funded through a Canada Summer Jobs Federal Student grant program to the community. The LBNA encourages students in (or going into) forestry-related or arboriculture programs or environmental sciences or other related programs to apply, including applicants who are women, indigenous students; members of a visible minority and new immigrants/refugees. University, college and graduating high school students are all encouraged to apply.

Apply Now

Interviews will be taking place shortly. Position start date will be May 31, 2021.

If you are passionate about conserving and expanding urban forests, please email your resume and cover letter with why you are interested in one of these positions as soon as possible to Judy Gibson, Chair, Tree Canopy Preservation and Enhancement Committee, Long Branch Neighbourhood Association via email: longbranchnato@gmail.com

Note: The LBNA is required and committed to ensuring a safe, workplace experience for all employees. Employees will be required to follow the in-force COVID-19 social distancing, personal and equipment safety and sanitizing procedures at all times.

Severance of 38 Thirty First Refused

On Friday, April 16, 2021 TLAB Member Stanley Makuch issued a decision refusing severance of 38 Thirty First Street along with the variances associated with the application.

This hearing went on over 8 full days, from its outset on April 1, 2019 to closing arguments on February 22, 2021. The neighbourhood was represented by 5 residents and 3 members of the LBNA.

In his 10-page written decision, the presiding chair of the hearing, Mr. Makuch, agreed with the evidence provided by the LBNA and nearby residents that the proposed severance did not conform to the Long Branch Neighbourhood Design Guidelines and the Official Plan. He wrote:

“The proposed dwellings on the lot frontages requested would not fit the character of the area. Indeed, rather than respecting and reinforcing the character of the are they would diminish its cottage like atmosphere and reduce its feeling of openness and harmony.”

We are convinced the strong participation by Long Branch residents in TLAB hearings is making a favourable impression upon the the TLAB members. We are making well-presented cases with hard evidence and, unlike the OMB, which seemingly discouraged resident participation, TLAB is enabling the voices of the residents be heard as they describe the impact of these kinds of developments on them.