Letter from Tony Miller re: Fence/Boundary Wall Concerns

Before I commence, I must stress that this is not, in any way, a dispute between neighbours.

As you Know, when a builder intends to encroach slightly into a prescribed side yard clearance, he must submit a request plus drawings to the municipality stating his case. These are seconded to a Board of Variance. The Board then notifies the the adjacent landowners to attend a Public Hearing where all concerned parties are free to present their cases.

1..However, in the case of a builder constructing a boundary wall or a fence. Our bylaws grant the builder full rights to non-contestable construction.

2..The builder is not required to provide a plan showing the proposed location of his wall, its shape, type, location, materials or method of construction.

3..The builder is not required to obtain a building permit or provide estimated costs of construction.

4..In this case, construction during November and December, fully occupied a team of workmen for four weeks, working full time, to complete the project. But not the clean-up.

5..The By Law appears to grant tacit approval for workers to trespass into adjacent property (without that owner's permission) because the installation of foundations and construction from one side only may prove difficult, expensive or impossible. This permits damaging plants, chain sawing decorative shrubberies and other upsets. There is no set provision for restoration, clean up or removal of dangerous situations created and left behind after the construction is completed.

6..The builder is not subject to any municipal inspection to ensure that Municipal maximum height or other requirements were honoured.

7..Finally, the completed constructions were not subject to municipal inspection to ensure that access for Emergency, Safety, Fire and Rescue personnel and appurtenances may have been impaired or removed.

Because of these observations, I feel that our By-laws may be be considered to directly favour one property owner and, in turn, deny any right to the other..

Tony Miller