The Haldimand Press
NANTICOKE—When Bob Laidman and his wife Karen dreamed of building a custom home in the country where they could live out their retirement years in peace, they did not envision everything being coated in thick dust with the smell of hot tar wafting in through the kitchen windows.
The Laidman home is located on Concession 3 Walpole in Nanticoke. They were aware that their neighbour had sold the land directly across the street from them to an asphalt distributing company, Suit-Kote Ltd., but the company had been using the land for close to a decade with minimal problems. That all changed in early 2020 when Haldimand County approved an application from the company to build asphalt storage tanks on site.
“It was so bad last year I couldn’t have my grandkids or great-grandkids over because of the dust and dirt coming into the house,” said Bob.
NANTICOKE—The Laidmans stand at their front step, which has a view dominated by large structures on the neighbouring property owned by Suit-Kote Ltd. —Submitted photos.
Karen added, “The smell of liquid asphalt is sickening a lot of the time. There is often activity with large trucks through the night and into the early morning hours, creating sleep disturbing noise.”
Additionally, the Laidmans claim that noise activity from the site is driving wildlife onto their property. A total of 40 chickens were killed by predators last summer and their vegetable garden was destroyed, a problem they say they did not have prior to the construction work.
Suit-Kote Ltd., based out of Cortland, New York, receives asphalt products from Imperial Oil in Nanticoke and ships them out to be used in road construction and maintenance.
“There was a whole bunch of conditions. I know part of the concern from our staff was if there’s a spill, what happens,” said Ward 1 Councillor Stewart Patterson. He noted that any spill “would have to be contained on that property” and therefore various requirements, such as berms, were set.
Neighbours in the area spoke out at the time, asking why the County was allowing an industrial development to be established on land that is zoned for agricultural use. The reason given was that the property contains access to the railway system needed for transportation.
Patterson spoke with Bob on at least three occasions in mid to late fall last year about the couple’s concerns and, in turn, requested bylaw officers visit the site.
“Through discussions with our staff, they thought that since it’s more of an industrial site, perhaps we should get the Ministry involved,” said Patterson. “I reached out to a local inspector with the Ministry of Environment who also visited the site and talked to the ownership.”
Karen noted that the site plans changed, growing from four to eight tanks and limiting the space between the tanks and their home. Patterson said that the issue of distance had been addressed previously when the company came to Council, with an established minimum distance of 70 metres for the tank installation, which he says the company has has followed.
According to Bob, necessary site safety features, including berming, fencing, and a water pond in case of fire, are not yet installed on site, despite daily operations taking place. In addition to the noise, dust, and smell generated by the site, the Laidmans claim that industrial-grade lights are shone directly on their home at all hours of the night, affecting their sleep.
NANTICOKE—The Laidmans took this nighttime photo of their house to show the impact of lighting from the neighbour.
Patterson said bylaw officers attended the site, adding, “I didn’t really see any issue. There were spotlights at the end of the property, but they weren’t shining directly at Bob’s residence. I had our bylaw folks go out again and they agreed that there is no nuisance lighting hitting his property.”
“Bylaw spoke to the folks on-site and they promised to water down the site, the roads, and they were in the process of moving their driveway further to the east, which they did,” said Patterson, who thought the issues had been handled. “Maybe I’m remiss in that when you don’t hear anything you think everything is fine, but I haven’t heard from him since before Christmas.”
“I feel for the guy, he moved out here to build his retirement home and then all of a sudden there’s these storage tanks across from him. But I mean, the reality is, where they built them, the zoning allowed them to be there,” summed up Patterson. “It’s just not a good situation all around and unfortunately, he’s the guy left holding the stick.”
The Haldimand Press reached out to Suit-Kote Ltd., but did not receive a response as of publication.
Despite any changes made, Bob and Karen still aren’t happy to be living their retirement years in so close to an industrial-grade work site.
“They told me if I got a lawyer, they would do a settlement with me for the land evaluation, otherwise they want to buy me out and I have to move immediately,” said Bob. The local lawyers the Laidmans have contacted have declined to work on the case, citing a conflict of interest. The couple was advised to seek counsel from outside the County.
“We’re in our 70s and I spent 10 years on this property building a brand-new custom-built home. There’s not another one in the world like it, and it just doesn’t feel fair that I should lose everything,” said Bob. “I don’t know where to go or where to turn.”
Making matters worse, the property value of the Laidman home has decreased by over $100,000 since construction began on the tanks.
“I had it priced by Re/Max two years ago. Before the house had occupancy it was priced out at $550,000. I had the same company come in and this year he offered me $388,000 and said he couldn’t sell it,” said Bob.
“My property value loss is all I want. I’m not going to live for many more years and if I get my loss that’s my main interest,” he concluded. “The main thing I want to do is I want to stay in my home, and I don’t want this to carry on. At least give me my property depreciation so I can give it to my children when I die.”
