Kincardine council avoids neighbour dispute in Scott's Point

Kincardine council has decided not to get involved in a dispute between neighbours in Scott's Point.

Tracy Clarke who lives on Lakeshore Lane, brought her concerns to council Wednesday night (Sept. 9), in committee-of-the-whole, asking for amendments to the noise bylaw and the property standards bylaw to deal with problems she is having with the landowner next door.

She said the Kincardine bylaw enforcement officer and the South Bruce OPP have been called to the neighbourhood because of noise from the neighbour's dirt-bikes which she said should not be allowed in a residential area. She has contacted chief building official Michele Barr and councillor Randy Roppel about her concerns, and has met with them to find out what can be done.

Clarke insisted that the bylaws should be amended to take the pressure off the police who have to respond to complaints under the nuisance bylaw.

She urged council to include in the noise bylaw a section about disallowing any racing of motorized conveyance, including motorcross/motorbikes, on residentially-zoned properties. And under the property standards, to add conditions for land use, such as not to exhibit an unsightly appearance, keeping the property free of deep ruts and holes, and not allowing any form of tracked circuit on and around a residential property.

Doug Lennan, the offending neighbour Clarke was referring to, also lives on Lakeshore Lane, and said when he and his family moved there in 2010, they were welcomed by everyone except Clarke. Two years later, her complaints began.

He met her for the first time while he was doing some home renovations and she pulled up and started screaming at him that he was depreciating the value of the nearby dream homes, when all he was doing was fixing up his own dream home. "My first impression of her was shocking," he said.

Lennan said Clarke called the bylaw officer on him because his six-year-old was driving his minibike on the property. She also called the police on him on three occasions regarding noise violations. But, he was never charged and neither the bylaw officer nor the police said there was any violation of any bylaw.

"Despite multiple complaints by Tracy Clarke, there have been no charges laid against me and no violation found against me," said Lennan. "I love this community; it's a paradise in the wild."

He said he has tried to take some mitigation measures to keep the peace with his neighbour, such as plant grass and put up trees between their properties. However, he said a blanket aggressive demand for extra quiet at all time is unreasonable. "This is a neighbour dispute not a violation of any bylaw," he said.

Michael Hahn, representing himself, as well as Angela Hamilton and Philip Hahn, all of Scott's Point, told council that the community was built for outdoor enthusiasts who enjoy riding their ATVs (All-Terrain Vehicles), Side-by-Sides, snowmobiles and dirt-bikes.

He stressed that this is a dispute between two landowners and, hopefully, a comprise can be reached to solve the issue. "We do not require changes to the bylaws in our community."

Michael Hahn added that at Scott's Point, there are more snowmobiles, ATVs, Side-by-Sides and dirt-bikes than there are cars. "All of us want a resolution that supports mutual respect between the two neighbours in this dispute."

Michael Hardwick and Alex Bamford also spoke against any amendments to the noise bylaw or the property standards bylaw to resolve this dispute in Scott's Point. "We are a tight-knit community there, and this is just an unresolved dispute between two neighbours," said Hardwick.



Alex Bamford (L) and Michael Hardwick of Scott's Point speak to Kincardine council, Wednesday night

Roppel said he also hoped the matter could be resolved. However, he noted that it is a residential neighbourhood and it's not fair to the other neighbours that Lennan's children are allowed to ride their motorbikes round and round a racetrack. "You should have more respect for other people," he said. "If it happened to me, I would not be happy.

"I hope you are serious about wanting to resolve this issue. It's only going to benefit you and all the neighbours down there."

In the end, committee-of-the-whole agreed it was a neighbour dispute and no bylaw amendments were required.

"I'm glad to see the people of Scott's Point here tonight," said mayor Anne Eadie. "It's a beautiful community; now, go and enjoy it!"