Community Petition and Formal Complaint Regarding Unnotified Development at 29 & 31 Emmett Street, Fonthill

Community Update – 29–31 Emmett Street Development

Date: May 20, 2025

Dear Neighbours and Supporters,

I want to thank everyone who has signed and supported the petition demanding the Town of Pelham halt construction at 29–31 Emmett Street until lawful procedures are followed and a proper interpretation of zoning and provincial planning legislation is confirmed.

It has now been two weeks since I first raised concerns that the fourth residential unit on each lot violates Pelham’s own Zoning By-law 4481(2022), which—along with the Planning Act of Ontario—clearly permits only three total units per lot (one primary dwelling and two second units).

 

Since then, a lot has transpired:

I have engaged in multiple email exchanges with Town staff, Mayor Junkin, and Ward 2 Councillor John Wink;

I requested and received copies of the Town’s internal planning documents and the legal opinion they are using to justify their interpretation;

 

I formally responded to the Town’s solicitor, demonstrating how her legal interpretation is flawed and unsupported by the Planning Act, the Town’s own by-law, and the Regional planning comments;

I offered to coordinate a respectful community meeting with the developer, Todd Barber, who was open to the idea—but neighbours have since made clear that they want this matter addressed lawfully, not informally;

I filed a formal request for Judicial Review and have begun gathering the required materials.

 

Today, PelhamToday published an article titled “Tensions Rise Over Emmett Street Construction,” which misrepresented some of my correspondence with the developer. I have written a full response correcting the record, including my clear stance that I have never apologized for standing up to this overbuild and protecting our neighbourhood. You can read the full response at

 https://www.pelhamtoday.ca/local-news/tensions-rise-over-emmett-street-construction-as-locals-demand-halt-10681819

Furthermore, I’ve received direct confirmation from sources within the Town that:

 

Town staff were told not to engage with Emmett Street residents;

 

No public notice was issued for the fourth unit, despite its legal necessity;

 

Bylaw and parking enforcement was used to facilitate construction access—not public safety.

Despite repeated efforts to work cooperatively, Mayor Junkin has now refused a meeting unless Town staff are present, and refuses to consider third-party legal or provincial review—an unacceptable and undemocratic stance.

That’s why I am urging you to take action:

Please file a complaint with the Ontario Ombudsman

The more voices, the stronger our case. You can file a complaint about:

The lack of public consultation;

Unlawful approval of fourth units;

Misuse of parking enforcement and road access;

Lack of transparency and refusal to consider independent review.

 

File your complaint here:

https://www.ombudsman.on.ca/have-a-complaint

I have already begun this process and have a file open with their office. Your support will only strengthen our position.

Please also share this petition and story on your Facebook groups, neighbourhood chats, or community boards. The Town is hoping this will be forgotten or quietly pushed through. We won’t let that happen.

This is our street, our homes, and our rights. We are not against development—but it must be lawful, fair, and respectful to the community.

 

With appreciation and determination,

Mishelle Murselovic

Organizer, Emmett Street Petition

 

ORIGINAL Petition POST

To:
Mayor Marvin Junkin
Town of Pelham Council
Planning Department
Integrity Commissioner

From:
Residents of Emmett Street and Surrounding Areas
Fonthill, Ontario

Subject:

Date: May 1, 2025

Dear Mayor Junkin, Members of Council, Planning Officials, and Integrity Commissioner,

We, the undersigned residents of Emmett Street and the adjacent community, hereby express our collective concern and formal objection to the ongoing construction of an 8-unit residential complex at 29 and 31 Emmett Street. This development has commenced without any prior public notice, consultation, or opportunity for community input, which we believe constitutes a significant breach of the Town of Pelham's obligations under the Planning Act and its own public engagement policies.

Background and Concerns:

Lack of Public Notice and Consultation:
Increased Traffic and Parking Issues:
Impact on Property Values and Community Character:
Definition of a Subdivision:
Requests:

In light of the above concerns, we respectfully request the following actions:

Immediate Suspension of Construction:
Public Hearing:
Investigation into Approval Processes:
Review of Zoning Compliance:
We believe that community engagement and transparency are fundamental to responsible urban planning. The lack of communication and disregard for public input in this case undermines the trust between residents and municipal authorities.

We urge the Town of Pelham to address these issues promptly and ensure that future developments adhere to the principles of transparency, accountability, and community involvement.

Sincerely,

Emmett Street and area community