The Smiths couple, Ont., Who are struggling to maintain their naturalized lawn, say the review of the bylaw promised by the city is unfair.
Beth and Craig Sinclair naturalized their front yard by planting 150 trees and other native species instead of grass.
Although they said they informed the city before planting, they were ordered to comply with city property regulations and standards. However, after appealing to the Ontario Supreme Court, the city relented and revoked the orders.
The city then said it would review the regulations and consider a provision allowing naturalized lawns.
But the couple says the survey, which the city published as part of its public opinion poll, is biased.
Rodents, insects worry “frankly stupid”
Sinclair’s lawyer, David Donnelly, sent a letter to the Smiths City Attorney, outlining their concerns.
According to Donnelly, the couple consulted with experts who agree that the study is non-standard and is likely to lead to distorted results.
“The Sinclairs are very concerned, as are their experts, that the study is skewed and unjustifiably negative about natural gardening,” Donnelly said.
“It’s supposed to be a public consultation where people ask for their opinions, but research shows that natural gardens may not be good aesthetics or that natural gardens lead to rodent and insect infections.
View of Sinclair’s front yard last summer. (Craig Sinclair)
Donnelly said it was nonsense.
“It’s downright stupid. “Ontario courts since 1996 have upheld people’s constitutional right to express their aesthetic will,” he said. “How could this be appropriate?”
Attached to the survey is a 17-page document, including complaints from neighbors about Sinclair’s lawn that led to the orders.
“I think they are also very upset that this staff report was included in the study as a resource that expresses this nonsense about killed bees and decaying carcasses,” Donnelly said. “Anyone who has not followed the case closely can be convinced of this madness.”
“crazy” couple
“I was speechless because they became attached [the report] until exploring the city, “said Beth Sinclair.” It was very discouraging to see. “
Craig Sinclair takes care of his naturalized yard in Smith Falls, Ont. (Submitted by Beth Sinclair)
Donnelly wants the city to remove the poll and start over.
Smith Falls Mayor Sean Pankow says the survey is only part of a public consultation conducted by a consultant.
He said council members would consider other contributions, including what other jurisdictions are doing. In Toronto, for example, naturalized lawns are allowed.
“We still want to make sure we have a decision made at Smiths Falls that reflects … the preferences of our community,” Pankov said. “I am very convinced that we will have a naturalization section to our statute. The question is, what exactly will it look like?
Lots of reviews
Pankov said that so far, of the 1,400 people who reviewed the survey, 801 had provided feedback and only 29 had downloaded the report.
Pankov said he knew the situation was a challenge for the Sinclairs, but said their influence would shape public policy, probably beyond the Smiths Falls.
“I admit that there will be people in our community and elsewhere who will oppose naturalization. People who still believe that eye pain is either negative or will attract parasites or wildlife. And I do not agree with these comments, “Pankov said.
“I think it’s important to do everything we can to catch carbon, especially in a day and time of climate change. And this is an example of when this type of action will do it. “
Another view of Sinclair’s naturalized lawn, seen here last fall. The city asked them to remove all plants within three meters of the road. (Craig Sinclair)
City officials will prepare a report based on the consultant’s research. A committee of the whole will then make a recommendation.
The Council is expected to vote on the issue by the end of June.
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