HomeMy WebLinkAboutPD-49-87REPORT #3
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TOWN OF NEWCASTLE
REPORT File # ,~~'~~/~~•
Res- #~~~l/~-
By-Law #
I~EF(I(VG: COUNCIL
pA~; Monday, February 9, 1987
T #: PD-49-87
FILE #:
SUB.~CT: ENVIRONMENTAL APPEAL BOARD HEARING
PART LOT 33, CONCESSION 2, TOWN OF NEWCASTLE
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PD-49-87 be received for information.
BACKGROUND AND COMMENTS:
On January 28, 1987 Staff received a notice of a hearing to be held on February 19, 1987
i n respect of an appeal by a developer from an Order of the Ministry of the Environment i ~
respect of groundwater interference problems for Part of Lot 33, Concession 2, geographic
Township of Darlington. Staff have not identified, the developer in question, out of
consideration for the appeal process. This information will be made available to members
of Council if required.
The purpose of the hearing is to enable the Environmental Appeal Board to determine
whether or not it shall confirm, alter or revoke the Order of the Ministry of the
Environment in respect of the aforementioned water interference problems. This hearing
was originally commenced on January 7, 1987 and, immediately prior to said hearing, Staff
were approached by a resident of the area with respect to the Town's intentions relative
to the Hearing.
In that regard, Staff note that a copy of the Town's Subdivision Agreement has been
provided to Staff of the Ministry of the Environment and said Agreement provides fo r
...2
REPORT NO.: PD-49-87 Page 2
remedies to groundwater interference problems where such problems have been
proven to be attributable to a given development. It is expected that the
hearing will provide a determination as to responsibility for the
groundwater interference problems subject of the Ministry Order.
Staff are of the opinion that the Town need not attend the Nearing inasmuch
as our interests are covered by the Subdivider's Agreement. Town Staff have
not been subpoenaed by any of the affected parties and do not believe that
we could offer any particular evidence in support of either position other
than to confirm the existence of a Subdivision Agreement.
This Report is submitted for information only and to advise Council that,
should the Town chose not to attend the Hearing, the Appeal Board may
proceed without providing any further notice to the Municipality. If
Council feels there is merit in Staff attending said Hearing, an appropriate
resolution would be order.
Respectfully submitted,
war s, .P.
Director of Planning
Recommended for presentation
to ~he Comm,~tt~e
.~€"~ ~,~ , a ~
wrence otsett
i of Ad ni trati ve Officer
TTE*jip
*Attach.
January 30, 1987
Existing i
(Hampton
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REGIONAL ROAD N° 4 (TAUNTON ROAD)
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LOT 17
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300m (1000) LIMIT '
BY-LAW 84-63-1 , ~ ~ LO 427/86
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' i LD 429/''86
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RETAINED LANDS
146.3 m (480 ) LIMIT ~ I
AG, and FOOD --~ '
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Existing Poultry
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LOT 17 LOT 16
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TOWN of NEWCASTLE Formerly TOWNSHIP of DARLINGTON
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~~ ~ C 860560
°~'~®® C 860561
Ontario C 860562
• Ontario Municipal Board
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' ~'~~~,• 1 ER F Section 52 of the
~t.l' •'. IN THE MATT 0 (7)
~1~~;+ r,~'~ Planning Act, 1983 ~, f~
1*; ,,~,~N ~i AND IN THE MATTER OF appeals by ~~~~
's ' ~( ~" ~ ~ ~~
EP~Rj~~~T Sidney Cornish from three decisions
G~~~x~ ~ ~ of the Regional Municipality of JAN 19 ]987
•~~' ~~~Sr' Durham Land Division Committee
'~~ d~ x~ whereby the Committee dismissed three TOWN Of NE'„'fASTif:
• applications numbered 8400/86, CLERK D~:PARTMENT
6401/86 and 6402/86 ~'
APPOINTMENT FOR HEARING
THE ONTARIO MUNICIPAL BOARD hereby appoints Friday, the 20th day of February,
j' 1987, at the hour of ten o'clock (local time) in the forenoon, at the Council
'. Chambers, Regional Headquarters Building, 605 Rossland Road East, Whitby, for
~•~•!'~`'~-1'' the hearing of these appeals.
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' ft:~lYj, If you do not attend and are not represented at this hearing, the Board may
proceed in your absence and you will not be entitled to any further notice of
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' the proceedings.
In the event the decision is. reserved, persons wishing a copy of the written
decision may ask the presiding Board Member at the hearing or contact the
Board's Offices. The decision will be mailed when available.
DATED at Toronto, this 14th day of January, 1987.
DISTRIBUTION
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:: J. G. MALCOLM CLERK ..... .~ ..............•--•
SECRETARY
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7
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