The URL can be used to link to this page

Home My WebLink About78-85 .~._~~ ,y-. ~ \-._-~.~ IREPEALED IY 8Y-LAW ,.~.1.;~ . THE CORPORATION OF THE TOWN . OF NEWCASTLE BY -LAW NUMBER 78- 85 A By-law to amend Restricted Area By-law Number 2111 of the former Township of Darlington WEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Map 9 of Schedul e "A" to By-l aw 2111, as amended, is hereby further amended by changing to R3 the zone desig- nation of the lands indicated as "Z0NE CHANGE TO R3" on . the attached Schedule "X" hereto. 2. This By-law shall come into effect on the date hereof, subject to receiving the approval of the Ontario Municipal Board. BY-LAW READ a first time this. .1J.thday of... .S.ep.t.e]$.e.r........... ,A.D. 1978 BY-LAW READ a second time this. )..l.th. .day of.S.ep.t:.eJDJ>.e.r............., A.D. 1978 BY-LAW READ a third time and finally passed this..A~~~day of ?~P~~~~~~....., A.D. 1978 (Seal) ~~ G. B. RICKARD, Mayor . , .. . .i, '.. '" . e . t.e: 1. . . :':f ,.. :...:..::...:::::: ':::\.'.::-.: :.-:: ..- .... . '. ... ... ..... ..4 , SW. ANGLE LOT 14, CON. 8 N 72.0 18 40 E N :.:;..j ~.i :.;t.:~8E r..;i~:~: . ,....... . . .. I..... . i..::.:T :C: SCHEDULE "X" -0 u> ~ 3: -0 l"l l"l V o ~ z I i i'. ..:' I....: : .'. '-. '.~ N 170 32' 50 "w N 720 18'4d' E ~I 58.50' I 4''>6'0 ~ '9~, S II W" . is' "" N 72018 40 E 82.03 cv cv o - C\J 0- .2: 517.70 ROAD ALLOWANCE BETWEEN CONCESSIONS 7 and 8 (Seal) Zone change to tR 31 THIS IS SCHEDULE I Xl TO BY-LAW 78-...8.5...-, PASSED THIS 11th DAY OF Sept., A.D. 1978. Scale in feet I": 50' A r----1 ~ ~ L--...-.j 20 10 0 20 40 60 80 //d'/<7 ./9'/ .//;::"2'5 ::'~;<:.<~/i~t7"~~>r/ q, B. RIC KARD , Mayor /j . ';,.,: -"~~ >/ ~_.., J.M:---MC ILROY, Clerk T .. . . ~~ mm!~~ ~mm" Ontario . 78J135 Ontario Municipal Board D DB _~a OF IeoUcm 31 of 7he Pi~.Dl~' Act. ca.l.o. 1970, o. 34 , -and- D BE DftBB or an appl1aatloa by ft. COq.o...t.loa of Ute 'IOWA of __U. fo.. app.val of 1b ae8vlot:e4 Ana By-1_ 78-85 DBBoaBs D.B. JIcRODB ~".. ) ) ) >> .....8day, tile 7th day of HuGh, 1t7' HIS APPLICATION MViag oome _ 'OJ: public beU'b, _ ~ 2S~ flar o! FebnIu:y, 1971 at ~ YGwa of _tl. sad afuJr f;be __la, of ~. awl!ca~loll the BoU'd .via, naenGUi iu 4..1810ft ._U t.bb 4a,. DB BOAaD 0IU.lI.mS td\a~ By-lav 78-85 18 1lea"eJ)y appZ'0984. Af'~v . fk~l 1P'1vff' ~~kw ENTERED o. B. No...ff.1fE.......... folio 110.... .t.. tt:.......... .......... APR 3 1979 44 SlClIETM'. CIII1'AIII ItUIIICIPAL "', ~ Ii. Sims Morton McInerney & Brady BARRISTERS & SOLICITORS er~..n... , March 9th, 1979 J. M. McIlroy, A.M.C.T., Clerk, Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanvil1e, Ontario Dear Mr. McIlroy: Re: By-law 78-85 I enclose herewith a copy of the decision of D.H. McRobb which I believe you will find self- explanatory. . Yours truly, David J. D. Sims DJDS:cv Encl. RE""r -,~ \tbl;:~ ~'/ED c/c - Norma Forest MAR 13 1979 TOWN OF N[",ICASTlE -I D.j,D. SIMS, Q.C. R.P. MORTON M.C. MciNERNEY j.F. BRADY W.M. BURCH 117 KING STREET, WHITBY, ONTARIO LlN 4Z1 BOX: 358 TELEPHONE: 668-7704 . ~~~ ~5~ ~~ Ontario ,;JRJ{;d-.. 14 R 783135 Ontario Municipal Board IN THE MATTER OF Section 35 of The Planning Act (R.S.O. 1970, c. 349) - and - IN THE MATTER OF an application by The Corporation of the Town of Newcastle for approval of its Restricted Area By-law 78-85 C 0 U N S E L : D.J.D. Sims, Q.C. for The Corporation of the Town of Newcastle DECISION OF THE BOARD delivered byD.H. McROBB . This is an application by the Town of Newcastle for approval of By-law 78-85. The purpose of the by-law is to rezone part of Lot 14, Concession VIII in the Hamlet of Haydon from "Greenbelt" (G) to "Third Density Residential" (R3) to permit the construction of a single-family dwelling. The site is located in the former Township of Darlington, now the Town of Newcastle, and as indicated by Norma Forrest, Planner for the Town, the lands designated Greenbelt in the Darlington Official Plan were approximate, with precise determination to be established when large topographic maps . are available. The major considerations in fixing their location were to be 100 feet from the centre of the watercourse, the t()p of the bank, or the flood limit as established by an Ontario land surveyor - whichever is greatest. Miss Forrest indicated that the lands to be rezoned are, outside the 100 foot limit and the floodplain limit as shown on Exhibit 3. Therefore it was her opinion that the site is not within the Greenbelt designation and the proposed zoning is in conformity with the Official Plan. - 2 - R 783135 . The site is,in the Hamlet of Haydon and, in Miss Forrest's opinion, the zoning of this site would conform to the Hamlet policies contained in the Regional Municipality of Durham Official Plan which permits minor internal infilling and/or minor additions to existing development. William Fry, resources planner for the Central Lake Ontario Conservation Authority, indicated that as the rezoning is above the elevation of 729.2 C.G. D. (the floodplain line) the Authority would have no objection to development. Driveway access to the concession road to the south will be over lands zoned 'Greenbelt' but, in his opinion, if it is necessary to plac€ fill in this area, the required approval would likely be given. . Mr. & Mrs. Hewitt gave evidence in opposition to this rezoning. They are the owners of the property immediately to the east. When they purchased their property, they were told by the real estate agent that the lands to the west (the subject si te) were zoned 'Greenbel t' and development could not take place. They feel that deveL9pment of this site now will limit their privacy. Mrs., Mickle, the owner of the subject lands, offered to sell the pl1<Dpertyto them, but because they were of the opinion that the lands could not be developed, they declined her offer. They are also concerned that a septic system nearby might affect their well and the river. The Board is of the opinion that the normal requirements of the Health Unit will prevent such occurrences. . While the Board is sympathetic with the objectors' desire to maintain their privacy, it is also of the opinion that such should not be at the expense of the owner of'the subject lands. Indeed the objectors had an opportunity to purchase the site and may still be able to do so. - 3 - R 783135 .. . On the evidence of the planner, this rezoning conforms to the policies of the Darlington Official Plan and the Regional Official Plan. The Board therefore approves By-law 78-85 of the Town of Newcastle. DATED at Toronto, this 7th day of March, 1979. D.H. McROBB MEMBER . . .. . - [tj ~1E:i!llI" Ontario R 783135 Ontario Municipal Board IN THE MATTER OF Sect.ion 35 of The Planning Act (R.S.O. 1970, c. 349), - and - IN 'mE MAftER OF an applioation by The COrporation of 'the Town of Newcastle for approval of its Restricted Area By-law 78-85 BEl' 0 REI A.H. ARRBLL, Q.C. Vice-Chaizman - and - D. S. COLBOURNE Vice-Chairman ) ) ) ) ) ) ) COMMUNICATION NO. 9 INFORMATION Wednesday, 'the 1st day of November, 1978 No objections t:o approval having been received as required; THE BOARD ORDERS 'that By-law 78-85 is hereby approved. ~"A~ - [.1~./:; II J(Dt.A /. !tr#J'Vtl' 'oV. - A''1cl <.r" ...-------' '--- SECRETARY YJJC}(Lr ENTERED Q. 8. No... .R.z.r-::~..... Folio No....d~2........... NOV 3 1978 d~ SECRETARl'. IlfiTARIO "~~A'