Ex-owner of Dundas property at centre of permit fiasco ‘really, really upset’

When Marco Zwaan received word that he'd have to halt the construction of his future Dundas home due to wrongly issued building permits, it was a massive disappointment.

We were going to build our dream home," Zwaan said Monday about plans for 10 Newman Rd., a rural property off York Road near Highway 6.

After issuing two permits in April 2019, the city rescinded them three months later, citing an incorrect interpretation of zoning in the rural Pleasant View area that's meant to protect its natural splendour.

Zwaan reached a legal settlement with the city and sold the land off York Road near Highway 6 to the municipality this past fall.

But the fiasco has reared its head again, now with talk of alleged corruption associated with the erroneous building permit - all false, Zwaan said.

I'm really, really upset about that."

The innuendo was aired in a telephone call Coun. Brad Clark had with constituent Paul Manning on the topic.

Manning, a former undercover cop on medical leave since 2003 and critic of local police and politicians, posted the conversation to YouTube.

In the call, Clark says the Pleasant View permit problem would cost the city at least $1 million, without mentioning the aggrieved property owner by name or specific address.

And such scenarios, the councillor went on to say, were happening all over the freaking city."

So what's going on in the building department? And how come building permits are being issued when they shouldn't be issued? And who's paying who to get those building permits issued?"

In a statement Sunday, Clark retracted remarks about unfounded rumours and inferences" he made in a private call," without elaborating on the subject matter.

He also noted his frustration with the situation in question," calling his reaction completely out of character" and adding, I should not have been discussing such baseless rumours with anyone."

Clark apologized to city staff, Mayor Fred Eisenberger and councillors for his unacceptable response."

The Stoney Creek councillor also said he'd asked the city's integrity commissioner to investigate the matter.

On Monday, Clark said the firm that probes complaints about potential breaches to council's code of conduct had advised him not to comment further on the issue.

Likewise, Principles Integrity told The Spectator it couldn't comment, citing an obligation of confidentiality. Public reports are tabled when inquiries establish wrongdoing, however.

Manning, who has been embroiled in lawsuits with Hamilton police and Coun. Sam Merulla, declined The Spectator's interview requests.

Zwaan, meanwhile, said he's seeking legal advice to decide how to respond to the slanderous allegations."

I'm very upset because somebody said something that's absolutely false, and this somebody is from inside the organization."

Zwaan is the chief executive officer of Koen Pack, a Beamsville company that sells packaging to flower growers and wholesalers.

He said terms of the settlement prevented him from sharing its details but noted he bought a home in the Niagara Peninsula after settling with the city over the Dundas ordeal.

A city spokesperson also said the municipality couldn't provide settlement details due to a confidentiality clause.

Zwaan said he followed all the proper procedures to obtain the permit in April 2019 and start construction on the home.

But with construction well underway, the city issued a stop-work order on grounds the permits - one for a sewage system and another for a single-family home - shouldn't have been issued.

It's not something that we're happy about, of course, but mistakes were made, and I think we dealt with it, especially from our side, in the proper way," Zwaan said.

It was a tough turn of events, he said, noting he'd sold his Dundas home in anticipation of moving into the one on Newman Road.

During the time of developing the property, we ... lived in trailers, in rental apartments, and so on."

In an email Monday, Jason Thorne, the city's general manager of planning and economic development, recognized Clark's retraction of baseless and unfounded" remarks.

I can also confirm that we have not received any concerns reported to building division, our auditing office, the fraud and waste hotline or through any other avenue available to people to make complaints."

Thorne said he has full confidence" in building division staff and appreciates the hard work they do each and every day for the city."

He added: It is very unfortunate that their integrity was questioned, but I do recognize and appreciate the apology that was provided by the councillor."

In the past, The Spectator has reported on projects going ahead without city building permits.

In 2019, the city issued orders against two major downtown condo construction projects after the newspaper's queries about missing permits.

The city also beefed up its rules and enforcement a decade ago, after an investigation by reporter Steve Buist revealed a large percentage of houses in Hamilton were under construction before a permit was issued.

In September 2020, with the 10 Newman issue in focus, city staff committed to reviewing land-use policies for the Pleasant View area of Dundas during a year-long development freeze approved by council.

In a previous interview, Thorne described layers of land-use policies in Pleasant View as confusing and overlapping with various authorities, including the Niagara Escarpment Commission.

We need the time to go through that exercise and do that comparison," he said of the review.

On Sunday, Clark also said he'd resign immediately as chair of the city's audit and finance committee, vice-chair of the emergency and community services committee, and chair of the development charge stakeholders subcommittee.

Coun. Arlene VanderBeek, who represents Dundas, called that and Clark's referral to the integrity commissioner the right move."

In his call with Manning, Clark alludes to VanderBeek flipping out" over the Pleasant View permit situation.

I'm not particularly upset about it," she told The Spectator.

VanderBeek called the permit error an unfortunate" experience for everyone involved, including the former property owner and residents upset about construction where it wasn't supposed to be allowed.

Staff, she added, are likely mortified" about the mistake.

However, the property, now in the city's hands, will be restored to its natural state. The home has been demolished.

VanderBeek said she hopes to see the land added to the Cootes-Escarpment EcoPark System, which comprises nearly 4,700 acres between Niagara Escarpment and Hamilton Harbour.

So that at the end of the day, something good will come from the whole thing for the whole community."

Teviah Moro is a Hamilton-based reporter at The Spectator. Reach him via email: tmoro@thespec.com