Fix the bylaw

Mark Henry and Lynne Ellis want to abide by the law— but the law, in this case, is impossibly vague. It is now up to the new council—which gets to work next week—to fix it.

Henry and Ellis operate Fields on West Lake between Bloomfield and Wellington. With much hard labour and many thousands of dollars the couple has restored the century- old farm. For many it has become the emblem of Prince Edward County—the image of the large red barn and its outline on the horizon capturing the idea of the County.

While the couple continues to farm the land, the buildings have been converted in recent years to be used for weddings, meetings and special events. It hasn’t been easy. From the outset the couple faced resistance from some who believe the farm should remain strictly agricultural—that any concession to agri-tourism, or other innovative adaptation of the land and buildings, would mean a slippery slope to commercial tourism and the loss of agriculture.

Henry and Ellis had high-powered boosters. Leona Dombrowsky, then minister of agriculture, was a fan. She frequently praised Henry and Ellis’s achievement. Fields on West Lake was the future of modern farming for many parts of rural Ontario, according to Dombrowsky.

Henry and Ellis had already won approval from provincial and municipal authorities to establish a special zoning classification to enable them to hold music and special events in the barn.

It soon became clear, however, that the business wasn’t viable on concerts and theatre events alone. The couple began to offer the venue for weddings and receptions. It proved to be a hit—the combination of a rural setting with all the amenities of a banquet hall. Henry and Ellis had found a workable niche. But they knew it could be more, and so began planning to add visitor accommodation to the property—first in the existing building—then with a plan to build a new 20-room inn.

That is when the problems started.

Neighbours who had tolerated (and in at least one case benefited from) the growth of Fields on West Lake, were now becoming concerned about what the facility was becoming.

They complained about the music and noise from wedding receptions drifting across open fields and into their homes. Henry and Ellis tried to address their neighbours’ concerns but were unsuccessful. Soon the relationships in the neighbourhood around the facility became toxic.

County bylaw enforcement officials were thrust into the neighbourhood fight—a role they didn’t want, nor for which did they have much training. Charges were subsequently laid against Fields on West Lake under the County’s noise and nuisance bylaw. More charges followed.

The County’s noise bylaw consists of a single test: is the noise or noises likely to disturb an inhabitant of Prince Edward County. It offers no more guidance or insight as to the intent of the council of the day. Last week, Henry and Ellis were found guilty of violating this noise bylaw (see story on page 3).

The bylaw must be changed.

First, under this fuzzy law, likely a dozen County residents were in violation this week alone. Every night someone in the County is likely disturbed by the sound of a barking dog, a loud car, squealing tires, a corn dryer or an idling vehicle. Folks have tended to tolerate occasional noise—but that could change now that we’ve learned that we can punish our pesky neighbours if we are “disturbed” by a noise from their property.

Plenty of things disturb me—but I don’t get to litigate these things. More precisely I don’t get my municipality to litigate on my behalf.

The other point that must be made is that the municipality and the province are partners in this venture at Fields on West Lake. Each provided the means and opportunity for Henry and Ellis to adapt this property. Each encouraged Henry and Ellis to invest their savings into this project. They cannot, with any conscience, prohibit them now, from running the business and trying to make it viable. They can’t change the rules of the game now.

None of this is to suggest that the thumping of a bass line at 1 a.m. is acceptable or should be tolerated by any neighbour. It is why we need a real noise bylaw.

Ironically, Henry and Ellis have worked hard to control the music from their events. They have invested in acoustics technology and advice to ensure they have the tools, noise baffling and procedures to mitigate the impact on their neighbours within generally accepted levels used by other municipalities.

This is where council comes in. For unless they do—the end is sight for Fields on West Lake. The judge has handed their neighbours the weapon to destroy this business. Henry and Ellis have spent thousands of dollars fighting the charge. Their ability to host another wedding or event is now in doubt.

The County needs to replace its nuisance bylaw with a true noise bylaw—one that can be measured and objectively verified. No longer is it appropriate for the chief building inspector to offer an opinion while standing on the roadside, craning an ear.

There are models all over Ontario that can be picked up and copied for the County. Many specify what levels constitute noise and prescribe defined hours and circumstances in which certain noises may be permitted.

Henry and Ellis have the means, the desire and the intention to manage their facility in a way that respects their neighbours’ right to quiet appreciation of their homes. Council now has to put in place reasonable guidelines to allow them to do it.

rick@wellingtontimes.ca