HomeMy WebLinkAboutTM-24-77TM -24-77
TO: Chairman and Members of the
Legislation and By-laws Committee.
FROM: A. Guiler, Town Manager
DATE: December 9, 1977
SUBJECT: Resolution QB -253-77
- November 28, 1977
That the letter from General Foods Limited re: 1867 Restaurant
R. R. # 2, Bowmanvi.11e and the Refreshment Vehicle be referred
to the Town Manager and By-law Enforcement Officer with reference
to By -la w No. 76-18, for a report to the next meeting of the
Committee".
We have reviewed the letter from General Foods Limited with
reference to By-law No. 76-18 and we find that there is nothing to prohibit
a refreshment vehicle .from parking on the road shoulder in the area of the
1867 restaurant. The section of the by-law which would have required a
refreshment vehicle to be a minimum of 200 feet from an established restaurant
was deleted by Council at second reading. We understand from the Cleric that
the reason was due to certain vehicles permanently parked on Lots in urban
areas.
The only contravention to
5 (h) which rthe present By-law would be to Section
IQads as follows:
"Mobile vehicles which move from puce to place shall
not remain longer than one half hour at any one location."
Ii
The by-law does not define what is meant by any one location and
ng
a very liberal interpretation, if the operator was to move the vehicle a matter7
of inches each half hour, he would not be in contravention of the existing by-law.
We feel. that Council. should consider amending the present
and dividing it By-law
into two distinct parts, the first part to cover stationary
vehicles on private lots, and the second part W cover vehicles which move
place to place. from
December 7th, 1977
Mr. William B. Donaldson
General Foods Limited
Box 4019, Terminal A
Toronto, Ontario MOW 1J6
Dear Sir;
Thank you for your letter dated Novenber33rd, 1977, whddsh
was considered by the Legislation and By-laws (brmdttee of the
Town of Newcastle.
The problem is presently under study by the Tam Manager
and the By -Law Enforcement officer and we shall advise you of
any action taken when their reports have been submitted to the
Committee.
JMMs1f
Yours very truly,
c.c. A. Guiler, Town Manager
H.G. Wight, By -Law Enforcement officer
, A.M.C.T.
EXECUTIVE OFFICES
2200 TONGS STREET, TORONTO
TELEPHONE 4814211
G
GENERAL FOODS, LIMITED Box 4019, Terminal A, Toronto, Ontario M5wlJ6
LAW DEPARTMENT
ALEXANDER J. ALLISTON
VICE VRESIYENT. GENERAL COUNSEL R SECRETARY November 3, 1977
SOLICITORS
SIG M UND MINTZ
ROBERT F. CAMPBELL
WILLIAM B. DONALDSON
The Corporation of the I RECE'V E
ID
Town of Newcastle,
NEWCASTLE, Ontario. NOV 24 1977
Attention: Town Clerk
Dear Sir; TOWN OF NEWCASTLE
Re: 1867 Restaurant
R.R.##2, Bowmanville
We are the solicitors for the 1867 Restaurant owned
and operated by Canterbury Foods Limited at Courtice Road.
Our client has operated at this location since
February 19, 1965.
In the past few years and most recently within the
past months, an operator of a refreshment vehicle has been
parking on the road -shoulder of Courtice Road approximately
fifteen feet from our client's driveway.
As a result of this situation, a traffic problem has
been created and those customers wishing to use our client's
premises or the service station attached thereto, are
experiencing some difficulty.
Aside from traffic congestion, the area around the
refreshment vehicle and our establishment is littered with
soft drink cans, cardboard and paper.
We would like to point out that our client's business
operates year-round and employs in excess of thirty people
at the height of the season, as well as paying considerable
business and real property taxes, whereas, the roadside
vendor operates only during the good weather seasons.
You will appreciate that aside from the difficulties
outlined above, our client has experienced a degree of
financial loss and is most concerned that this situation
be remedied.
. . /2
The Corporation of the
Town of Newcastle - 2 - November 3, 1977
We understand that By-law #$76-18, Clause 5, at one
time did provide some protection for permanent eating
establishments, but that it was lost due to amendment.
our client is most interested in making application
to Council to re-enact a clause which would provide a
measure of protection for its business and rectify a
very unequitable situation.
In this regard our client would be pleased to
attend a meeting of the legislative and by-law committee
and explain its point of view and make submissions.
We look forward to hearing from you.
Yours very truly,
William B. Donaldson
WBD /pmr