Hamilton slaps stop-work order on oversized pot greenhouse that council refused to authorize

Thestar.com
July 25, 2018
Matthew Van Dongen

The city has slapped a stop-work order on a major medical marijuana grower that started building a 150,000-foot greenhouse days after council refused permission for the project.

Council rejected an expansion request in mid-July from the Green Organic Dutchman -- one of Canada’s fastest-growing pot producers -- to build an Ancaster grow operation about six times bigger than the current 24,000-square-foot limit in Hamilton.

Hamilton’s council rejected an expansion request in mid-July from the Green Organic Dutchman to build an Ancaster grow operation about six times bigger than the current 24,000-square-foot limit in the city.

Ian Wilms, a local director with the company, said at the time the grower would appeal the “political” council decision to the provincial Local Planning Appeal Tribunal. But that process could stretch over months -- and the Green Organic Dutchman had previously told shareholders the enlarged Ancaster facility would be ready in early 2019.

City building inspectors visited the site Tuesday and posted a stop-work order after they found construction underway on an unapproved greenhouse, confirmed Hamilton chief building official Ed VanderWindt.

“Staff will be monitoring the site to ensure that construction activity does not occur beyond what is permitted,” he said, noting the company does have permission to build a smaller, 24,000-square-foot building on the Jerseyville Road site.

The company was searching for someone to comment on the situation Wednesday afternoon.

But president Csaba Reider previously emphasized the Green Organic Dutchman had played by the rules in pursuing its expansion prior to council’s rejection of its application. “For the past year and half we have worked very closely with city staff and have proceeded every step of the way in a manner consistent with the planning department’s recommendations,” he said.

Ancaster Coun. Lloyd Ferguson, the most vocal council opponent of large-scale pot growing facilities, said he was “disappointed” that the expansion appeared to be going ahead despite council’s decision.

“Council did its job. They denied the (expansion) application,” he said. “Now it’s up to city (building) staff to enforce what council has decided.”

VanderWindt later said the Green Organic Dutchman agreed to “cease construction” after the order. No work was happening during a visit by the Spectator to the Jerseyville Road West property Wednesday, but the steel bones of a partially built structure were visible.

Ignoring an order under the Building Code Act can result in charges that come with hefty fines. The maximum fine for a first offence for a corporation, for example, is $500,000, plus $10,000 a day for a continuing offence.

The company could also apply to build a large traditional greenhouse with an eye to converting its use to pot-growing later on -- an option floated by the grower’s consultant at city committee meetings earlier this year. VanderWindt said such an application has so far not been received by the city.

In recent letter to shareholders, CEO Brian Athaide suggested the planned Hamilton expansion could instead be relocated to its Valleyfield, Quebec location “if a resolution cannot be achieved in a timely fashion.” The company already has a 1-million-plus square foot facility under construction in that province.

“We are very proud of our Hamilton roots and as we build TGOD into an international consumer branded company, it’s our hope to have a larger presence in Hamilton,” Athaide wrote.

While some near-facility residents urged council to oppose the big grow-operation, the Green Organic Dutchman also has local support.

That includes a thumbs-up from local farming associations, city planning staff -- which recommended granting the expansion exception -- and the sole farmer on council, Flamborough Ward Coun. Rob Pasuta.

Pasuta said he has heard from residents and business owners “both for and against” the growing medical pot operation in the days since council bylaw-blocked the expansion. He said he was not aware of the unauthorized construction.

“But I knew they were going to appeal our decision. And I still suspect it’s possible they’ll get the decision they want from the tribunal,” he said. “It’s a recognized agricultural crop and we already allow (large greenhouses) for agricultural crops. It’s as simple as that.”