Hamilton’s Committee of Adjustment (CoA) has denied another Ancaster intensification project, with Member Robert Reid again leading the CoA’s opposition to the City’s intensification policies when applied in Ancaster’s single-detached neighbourhoods.
The owner of 40 Church Street applied to sever the existing deep corner lot into six properties and permit the construction of townhouses. The property borders the municipal property that includes municipal park amenities behind the Ancaster Municipal Centre.
City of Hamilton planning staff recommended approval.
Public opposition centered on neighbourhood character and traffic safety.
Jim MacLeod of the Ancaster Village Heritage Community called on the CoA to protect the area, arguing the proposal was “the first proposed major development deep in an Ancaster neighbourhood”.
He argued approval would create “a de facto template for how density increases in older neighbourhoods”, resulting in tall, narrow townhome “monster homes” that would “destroy the privacy of the smaller adjacent homes,” and cause significant traffic impacts.
MacLeod questioned the planning merit, asking, “If the committee approves this…[there will be] a 238 per cent increase in local traffic and we just ask how can this be good planning?”
Neighbour Cindi Watson said traffic is a concern for her, telling the CoA, “I have almost been hit there, our mail carrier has and if a child gets hit because parking is now decreased then that’s going to be tragic”. She warned that “Children, seniors, dog walkers, they’re all going to be more at risk if this is approved”.
“Children will be children and not always pay attention to the traffic that is usually not paying attention to anything smaller than their cars.”
CoA Member Reid agreed with the traffic concerns, stating: “I think you have to add that, unfortunately, the traffic that is on the street and what happens when Highway 403 gets jammed up. Wilson Street gets jammed up and people start taking short cuts through. That’s over and above what we’re talking about here but it is an existing condition”.
The removal of mature trees was a concern for the committee.
Chair Dale Smith and Member Nick Lauwers both expressed concerns regarding tree removal, asking the applicant to preserve as many trees as possible.
Member Melvin Switzer noted the lack of information: “I think if we knew a little more about the plan with the trees, it would be easier to vote on this decision. It would be easier to make a decision. Just giving that feedback”.
The developer’s agent, Matt Johnston of UrbanSolutions, stated the proposal met all four tests for a minor variance and fulfilled provincial intensification goals, emphasizing the project was a direct response to growth policies created when City Council unanimously implemented an urban boundary freeze.
Johnston confirmed the development would necessitate the removal of 25 trees, which would be compensated through cash-in-lieu and replacement plantings.
The project received letters of support from some nearby neighbours, including Bernd Zabel (an Ontario Court Judge, in a personal capacity) who wrote the developer “Joseph Veloce and his family are Ancaster residents and he is committed to improving the diversity of the housing options in his community. The build quality of my home is exceptional and very energy efficient. The location of the proposed development is close to shops, medical offices and recreational facilitees including trails. It would blend in with the surrounding area. Lastly, it allows residents who wish to downsize from larger homes to remain in Ancaster with the increased housing options.”
The Committee voted 3-2 to deny the application. Reid moved the motion for denial, with Chair Smith and Vice-Chair Switzer joining his opposition. Members Lauwers and Donna May Lord were the two votes cast in favour of the application.
The applicant is expected to appeal the denial to the Ontario Land Tribunal. The OLT is currently processing a similar appeal following an August denial involving a related intensification project at 28 Oakley Court, also in Ancaster.
193 Herkimer Street Tabled: Hamilton Only Permits Four Units, Applicant Seeking Five
The owner of a five-unit dwelling in the Kirkendall North neighbourhood, at 193 Herkimer Street, is seeking minor variances to legalize and enlarge the existing fifth unit, which existed as a non-conforming use since at least 1978.
City planning staff had formally recommended denial of the application, arguing that while the proposal met the “general intent” of the Urban Hamilton Official Plan for residential intensification in the Neighbourhood R1a (Low Density Residential – Small Lot) Zone.
They wrote that City Council’s intensification policies only permit four units per property in the R1a Zone, and therefore the applicant should be required to pursue a comprehensive Zoning By-law Amendment application.
“It is staff’s opinion that the requested variance maintains the general intent of the Urban Hamilton Official Plan as the proposed multiple dwelling meets the criteria to permit a five or six unit multiple dwelling within the ‘Neighbourhoods’ designation. However, a minor variance application is not considered the appropriate Planning Act application to permit the proposed development, in accordance with the Neighbourhood Infill Design Guidelines,” read the unsigned planning staff agenda package comments.
A ZBA will cost tens of thousands of dollars, making it economically unfeasible for small scale intensification.
The application was tabled to permit further discussions between planning staff and the owner’s agent Brian Muthaliff of Studio MaNA Inc.
Decisions on other applications
The following applications were approved:
- 75 Burlington Street West, Hamilton
- 85 Luscombe Street, Hamilton
- 182 West 2nd Street, Hamilton
- 91 Kennedy Avenue, Hamilton
- 14 Polo Court, Ancaster
- 17 Ebenezer Drive, Flamborough
- 38 Freedom Crescent, Glenbrook
- 229 Grey Road, Stoney Creek
- 783-787 Barton Street, Stoney Creek
The following applications were tabled and will return to CoA at a future meeting date:
- 332 King Street West, Dundas
- 460 Regional Road 20, Glanbrook
The CoA’s next meeting will be on Thursday, October 30, at 1:00 p.m.
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Published: October 11, 2025
Last updated: October 11, 2025
Author: Joey Coleman
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