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Home My WebLink About74-42 . ' , e e - , CORPOfu"..T ION OF THE TOhN OF NEWCASTLE BY-LAW NO. 7l't-42 A BY-LAW TO ABEND BY-LAW NO. 2111, AS AMENDED OF THE FOJ.U-1ER TOWNSHIP OF DAHLINGTON WHEliliAS the Council of the Corporation of the Township of Darlington duly passed Zoning By-law No. 2111 on the Fifth day of February, 1959, and such By-law was approved by the Ontario Municipal Board on the Seventh day of July, 1959; AND WfffiREAS the Council of the Corporation of the Town of Newccot~e upon the recommendation of the Planning Advisory Committee deems it advisable to amend By-law Number 2111 as amended. NO\J Tlilil~FORE pursuant to the Planning Act, R.S.O. 1970, Chapter 349, Section 35, the Council of the Town of Newcastle enacts as follows; 1. That By-law No. 2111 of the former Township of Darlington as mnended by, and the same is hereby amended by adding the following to Section 13: (n) Part of Lot 34, Concession 2 (i) Notwithstanding any provisions of this by-law to the contrary that part of Lot 34, Concession 2, more particularly described in paragraph (ii) below, shall be used for not other purpose than that of a dairy barn store for the sale of dairy products and packaged foods. (ii) The lands referred to in paragraph (i) are described as follows: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Township of Darlington, County of Durham, Province of Ontario, being composed of Part of Lot 34, Concession 2, Township of Darlington, the boundaries of said parcel are described as follows: PREMISING that the bearings as shown on Deposited Plan Number 179 (Hwys.) govern all bearings mentioned hereafter; COMMENCING at the intersection of the North limit of King's Highway No.2 as shown on said Deposited Plan Number 179 (Hwys.) with the conventional East limit of a Travelled Road . ' -, e , c~ 2 which intersection is distant 969.28 feet measured Southerly along said East limit of Travelled Road from a point in the North limit of Lot 34 distant 74.87 feet measured Easterly therein from the North West angle thereof; THENCE North 16 degrees 45 minutes West along said East limit of Travelled Road a distance of 141.60 feet; THENCE North 73 degrees 41 minutes East a distance of 129.13 feet; THENCE South 16 degrees 57 minutes East a distance of 157.66 feet to a point in the North limit of King's Highway No.2 as shown on said Deposited Plan Numter 179; THENCE South 80 degrees 44 minutew West along said North limit of King's Highway No.2 a distance of 130.78 feet to the point of commencement. (iii) The size and location of the buildings to be used for the purposes stated herein shall be as indicated the site plan which is attached hereto as Schedule IIAn. (iv) The hours of operation of the business carried on in the said buildings shall be limited to that period commencing at seven o'clock a.m. in the morning to and terminating at eleven o'clock p.m. in the evening in each and every day, seven days a week. (v) During the closed hours of the business (commencing at eleven o'clock p.m. in the evening to and terminating at seven o'clock a.m. in the morning in each and every day, seven days a week) the only lights that shall be permitted to be operated on the subject lands shall be security lights inside of the building itself and the fluorescent lights installed on the exterior of the building and located on the bottom or underne~th side of the two cantilevered overhanging roof edges of the building. All other lights on or attached to either the building or the ground shall be off during such closed period. (vi) All illuninated signs erected or installed on the property shall be arranged so as to reflect or emit light away from the adjacent properties, and no sign shall be permitted which employs flashing, animated or intermittent illumination.. (vii) The position dimensions and specifications of the lights, signs, fencing and planting shall be installed upon the lands and maintained in exact accordance with the particulars of same as ahown on the said site plan. . -. . ~ 3 2. By-law 2508 of the former Township of Darlington be and is hereby repealed. 3. This by-law shall come into effect on the day it is passed by Council subj ect of the approval of the Ontario Municipal Board. This By-law read a first and second ttme this lst day of April, 1974. This By..law read a third time and finally passed this 1st day of April, 1974. Garnet B. Mayor Seal J. M. McIlro Clerk ./ .. . ,---- " cc \\ E:.. p\.. 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NOTARIZE ERNEST MARKS, Q.C. EDWARD G. MCNEELY. O.C. Joseph M. McIlroy, A.M.C.T. Town Clerk Corporation of the Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario LIC 3A6 Dear Mr. McIlroy: TELEPHONE 728-9151 AREA CODE 418 17 KING ST. EAST, P.O. BOX 39 OSHAWA, ONTARIO LIH IAB April 1, 1975 Re: By -Law No. 74-42 We attended before the Ontario Municipal Board on March 17th at which time the hearing was adjourned by reason of the illness of Mr. Howden, the Planning Director. Subsequently, Mr. Barber who acts for Mr. Stevens the original party applying for the amendment to this zoning By-law phoned me and requested that we delay asking the Ontario Municipal Board for a new hearing date as his client wished to take some further steps in relation to the matter first. I assume that as the By-law is being passed for the benefit of Mr. Stevens, the Town would have no objection to us delaying our request for a new hearing date. If this is not the case, would you please advise me. EGMCN:sc Yours truly, MARKS AND McNEELY, —.._ per:_,,,, APR = 1975 TOWN Of NEWCASTLE Nir. J.Ni. 1,icllroy, Ai�iCT., Clerk Town of Newcastle 40 Temperance Street Bowmanville, Ontario. L1C 3A6 Dear Sir: 416/965-1512 Quote File Number __R 74149 123 Edward Street Toronto Ontario M5G 1E5 December 4th, 1975 he: Town of Newcastle - Restricted Area By-law 74-42 Further to the Board's hearing; of 'wiarch 17, 1975. Would you please advise the Board if it is council's intention to proceed with this application. An early reply would be appreciated in this regard. CS:mc p. Yours truly C. Saruyama Supervisor Planning Administration RECIEZ74'JED DLG 8 1915 TOWN OF NEWCASTLE THE CORPORATI N OK T! '.i v0 OF IVVIC,ASM 40 TENIPE(iAiICE Si i BOWMANVILE, 011Tyfiij LIC 3Aff December 8th, 1975 Mr, C. Saruyarmag Supervisor Planning Administration Ontario Municipal Board 123 Edward Street Toronto, Ontario M5G lE5 Dear Mr. Saruyamas Re: Townoof Newcastle Restricted Area BY -Law 74-42. Your File leo. R 741469 Thank you for your letter dated December 4thz 1975, This is to advise you that the application has been withdrawn. Yopra very truly, Jo`eephkk A,M.C.T. Town Cl JMM: if c.cp Mr, Re Stevens Glen Rae Dairy c a