HomeMy WebLinkAboutPD-163-87
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REPORT File # ~ ~~' ~f~~
Res. # ~ ,- J,~
By-Law # f
NEETI(~: General Purpose and Administration Committee
DATE: Monday, June 15, 1987
T #: PD-163-87 FILE #: 86-74/D/NB, 18T-86066
CT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN
AND TOWN OF NEWCASTLE OFFICIAL PLAN - FILE: 86-74/D/NB
PROPOSED PLAN OF SUBDIVISION - FILE: 18T-86066
PART LOTS 11/12, CONCESSION 1, BOWNIANVILLE
APPLICANT: JOSEPH & CARL SCHWARZ
RECOMMIENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-163-87 be received; and
2. THAT, upon written confirmation,
numerous conditions of approval,
of Newcastle has no objection to
86-74/D/NB submitted by Joseph &
Part Lots 11 and 12, Concession
"Low Density Residential"; and
from the applicant, of his acceptance of the
that the Region of Durham be advised that the Town
the approval of Offici al Plan Amendment Application
Carl Schwarz to redesignate a parcel of land in
former Town of Bowmanville from "Industrial" to
3. THAT proposed Subdivision Plan 18T-86066 be referred back to the applicant for
redesign and resubmission; and
4. THAT a copy of Council's decision be forwarded to the Region of Durham, the
applicant and the interested parties indicated hereto.
BACKGROUND:
At the January 5, 1987 meeting of the General Purpose and Administration Committee, a
Public fleeting was held in respect of Official Plan Amendment Application 86-74/D/NB
submitted by Joseph and Carl Schwarz to redesignate an 8.3ha parcel of land in Part Lots
TOWN OF NEWCASTLE
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REPORT NO.: PD-163-87 Page 2
11 & 12, Concession 1, Bowmanville from "Industrial" and "Major Open
Space" to "Low Density Residential". Committee also considered Staff
* Report PD-6-87 (copy attached) which recommended that the Official Plan
Amendment Application be referred back to Staff for a subsequent report
upon completion of the necessary circulation and receipt of all comments
related thereto. Committee and subsequently Council resolved to adopt
Staff's recommendation.
All outstanding comments from agencies circulated with the Official Plan
Amendment application and the Proposed Subdivision Plan have now been
received. These comments are summarized below:
Town of Newcastle Public Works Department
"This proposal will have a substantial impact on our roads which are
external to this site and will form a transportation link with our main
access routes.
Storm drainage of this site should not be a problem; however, please note
this site is downstream of the Town's storm sewers sytems which currently
drain through these lands.
The Public Works Department has no objection to this proposal provided
that the developer agrees to the reconstruction of external streets (ie
Nelson Street, Durham Street, Hunt Street) affected by this development
to the satisfaction of the Director of Public Works and the developer
oversizes storm sewers on site to accept drainage which is currently
draining through these lands at no cost to the Town."
Region of Durham Works Department
"Water supply can be provided by extension of a 150 mm diameter watermain
from the existing 400mm diameter watermain located at Durham Street and
the Railway Spur Line. The watermain extension would be looped through
the subdivision to connect to the existing 150mm diameter watermain at
the intersection of Hunt Street and Nelson Street.
Sanitary Sewer Service
The existing 300mm diameter sanitary sewer at the intersection of Hunt
Street and Nelson Street has adequate capacity to service the proposed
development.
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REPORT NO.: PD-163-87 Page 3
Region of Durham Works Department (Cont'd)
However, due to the topography of the subject lands in relation to the
depth of the existing sewer, approximately 3.Om of fill will be required
in order to provide a gravity sanitary sewer system with acceptable
grades.
In this regard we would suggest that, prior to approval of the plan, the
applicant investigate the matter of fill being placed on the lands with
the appropriate conservation authority, as this would have a bearing on
the provision of gravity sanitary sewer drainage.
Based on the foregoing we have no objection to subdivision 18T-86006 and
the related Official Plan Amendment Application 86-74/d/NB."
Central Lake Ontario Conservation Authority
"The subject lands abut/contain portions of the Bowmanville Creek valley
system. These areas are classified as Hazard Lands with an indication of
Environmentally Sensitive Areas in the regional official plan. The rear
lot areas of Lots 38 to 48 appear to be affected by an eroding 10 to
12-foot high near-vertical creek bank. According to the draft plan, the
steep bank is located within Lots 42 to 45. Block 90 (park) is
flood-susceptible.
Uur first concern is for the existing and potential erosion to the
rear/within Lots 38 to 48. The proposed lot layout leaves very little
space where future erosion control and slope stabilization could be
carried-out. If the creek bank is to be cut back to a stable angle, the
regional floodline could intrude into several rear-lot areas. Lots
should not extend into the Regional storm floodline or over the top of
bank. Until an acceptable means of accommodating the eroding creek bank
is determined, including spatial requirements, we feel it would be
premature to approve a proposed amendment which is lot specific in these
areas.
Our second concern relates to valleyland acquisition. The Bowmanville
Creek system in the area of proposed amendment 86-74 (including that
portion "retained by applicant"), is included in this Authority's
Bowmanville Va11ey Conservation Area Master Plan. Essentially, all of
the retained lands except those affected by 18T-24575, and those areas
generally below the fill and construction limit on the subject lands, are
referenced for acquisition. In the area of Lots 38 to 48, the boundary
of proposed acquisition is about 50 feet east of the fill and
construction limit. The lands shown on the draft plan of subdivision as
"retained by applicant" are flood-susceptible under Regional storm
conditions.
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REPORT NU.: PD-163-87 Page 4
Central Lake Ontario Conservation Authority (Cont'd)
On February 28, 1983, Town of Newcastle Council sup ported the Autho rity's
master plan by endorsing relevant recommendations of Report PD-37-83 as
indicated below:
"2. That the Central Lake Ontario Conservation Authority be advised that
the Town of Newcastle supports the Master Plan for the Bowmanville
Valley Conservation Area and the Bowmanville Harbour Conservation
Area, subject to the following concerns being given consideration:
a) that the Land Acquisition Program for and the development of the
Bowmanville Valley Conservation Area and the Bowmanville Harbour
Conservation Area be considered as the Town's priorities for
conservation areas within Newcastle; and under the jurisdiction
of the Central Lake Ontario Conservation Authority."
Based on the foregoing, we would be prepared to support a redesignation
generally to permit residential development only subject to the following
conditions, referring to the October 14, 1986 89-lot plan of sub division:
1. Block 90 shall be expanded to include:
a) those lands retained by the applicant, as indicated on the draft
plan of subdivision, except the area of 18T-24575;
b) lot 59, lots 38 to 48; and
c) the rear 30 feet of lots 49 to 54, and the rear 25 feet of lots
34 to 37.
2. Block 90, expanded in accordance with Condition 1 herein, shall be
dedicated to the Town of Newcastle as public open space.
3. The remainder only of those areas shown as lots could be
redesignated to permit residential development."
Ministry of Natural Resources
"The Ministry has recently been approached by the local anglers
association regarding the development of this site. Concerns expressed
by members pertain to the possible infringement of the valley system and
the possible degradation of the fishery resource. Staff have, therefore,
conducted a review of our previous comments to the Region.
As stated in our response, the Bowmanville Creek is a significant
Coldwater trout stream. We believe our requested conditions will assist
in protecting the fishery resource from degradation. We do not propose
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REPORT NU.: PD-163-87 Page 5
Ministry of Natural Resources (Cont'd)
to alter those conditions, but request the Region's assistance in
applying an additional condition.
Upon review of our comments, we relaize that inadvertently we have not
requested snowfencing along the western boundary of the site during the
construction phase. It is standard practice to request such a barrier
along the top of a valley slope located immediately adjacent to a
significant watercourse. This assists in preventing encroachment of the
valley by construction machinery and fill material. We would like to
rectify this matter and request that the following be added to our
conditions of draft plan approval:
"Prior to any grading or construction on the site, the owner shall
erect a snowfence or other sui tab 1 e barrier along the rear of 1 of s
34 to 54, inclusive. This barrier shall remain in place until such
time as all grading, construction and landscaping of the site are
completed and shall be maintained to prevent the placement of fill
or removal of vegetation within the valleylands of Bowmanville
Creek".
We believe that the implementation of this condition will assist in
providing further protection of the fishery resource."
Ministry of the Environment
"We have reviewed the application and have identified a noise concern due
to the development' s proxi mi ty to the Canadi an Nat ion al Rai 1 way. We
therefore recommend draft approval be conditional upon:
Prior to final approval, the owner shall engage the services of a
consultant to complete a noise study recommending noise control features
satisfactory to the Ministry of the Environment and the Town of
Newcastle.
In the event that a slight noise level excess will remain, despite the
implementation of the noise control features, the following warning
clause shall be included in a registered portion of the subdivision
agreement and in subsequent Offers of Purchase and Sale for the affected
lots:
"Purchasers are advised that despite the inclusion of noise control
features within the deveeopment area and within the individual
building units, noise levels may continue to be of concern,
occasionally interfering with some activities of the dwelling
occupants.""
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REPORT NO.: PU-163-87 Page 6
Goodyear Canada Inc. (December 10, 1986)
"There were problems with area residents in the operation of the former
Reclaim Plant. The Plan of Subdivision appears to abut our southerly
property boundary. The material provided to us does not indicate any fom
of buffering: i.e., a transitional use area or public purpose area to
separate the heavy industrial use land to the proposed residential use.
To the best of our knowledge, there is no intention to provide notice
restrictions upon the deeds to the proposed residents clarifying the
nature of industrial uses as being inconsistent with residential use:
ie., noise, noxious odours and late night operations.
Having regard to the above issues, we expect that these will be
addressed. Therefore, we do not intend to formally oppose the
application at this preliminary stage."
January 15, 1987
"We wish to reiterate that unless some consideration is made for
buffering between the residential and the industrial uses or other
strategies are considered for ameliorating these conflicts, the Plan of
Subdivision and the intended Official Plan amendment are not acceptable.
Having regard to the above, please confirm whether there has been an
environmental assessment or whether there are any planning studies
describing the impact of the industrial and residential land uses, in
such close proximity."
The following agencies indicated no objection to the proposed
development:
- Region of Durham Economic Development Department
- Peterborough-Victoria-Northumberland and Newcastle
Roman Catholic Separate School Board
COMMENT:
A review of the comments submitted indicates a number of concerns with
respect to the subdivision plan proposed for the subject site. Both the
Ministry of Natural Resources and the Conservation Authority have
identified a problem with the erosion of some portions of the slopes
along the Bowmanville Creek Valley, noting that these slopes will require
stabilization prior to development proceeding. The Conservation
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REPURT NO.: PD-163-8/ Page 7
Authority in particular has noted that erosion control and slope
stabilization could result in the Regional Storm floodline intruding into
several rear lot areas, and has requested that the rear portions of
several lots and the whole of a number of other lots meld with Block 90,
the proposed park block.
With respect to Block 90, the Community Services Department has stated
that Block 90 is not acceptable as parkland dedication, and has requested
the gratuitous dedication of flood susceptible lands to either the Town
or the Conservation Authority. Such a request is in keeping with By-law
79-69, as amended by By-law 87-5, which states that the Town shall
require the gratuitous dedication of valley lands associated with the
Bowmanville Creek within the Urban Area and may also request the
gratuitous dedication of flood susceptible lands or hazard lands to the
Town or the Conservation Authority as a condition of development.
Similarly, the Conservation Authority has requested that, in accordance
with the land acquisition program outlined by the Bowmanville Valley
Conservation Area Masater Plan, those lands below the Fill and
Construction Limits be dedicated to the Town as public open space.
Staff also note that the Regional Works Department has stated that
approximately 3 metres of fill will be required in order to provide a
gravity sanitary sewer system with acceptable grades. Given the impact
this amount of fill would have on drainage of the site, the placement of
the fill will require consultation with the Conservation Authority and
the Town of Newcastle Public Works Department.
With respect to the CN Rail line immediately 'to the east of the subject
lands, Staff note that CN has specified that dwellings must be setback
from the railway right-of-way by a minimum of 15 metres. This setback
requirement will result in tN~e elimination of one lot directly adjacent
to the tracks. The possibility of trains blocking both entrances to the
subdivision has been indicated. However, information made available to
Staff by Goodyear indicates that trains have generally only two cars and
run only on an average twice a week.
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REPORT NO.: PD-163-87 Page 8
Goodyear has indicated a concern that the proposed subdivision plan does not
indicate any form of buffering between their industrial operations and the
proposed residential uses. In this regard, Staff have requested comments
from the f~inistry of the Environment. Although comments have not as of yet
been provided, information previously provided by the Ministry with respect
to their buffering guidelines indicates that a separation distance of 90
metres to 150 metres i s appropri ate between residents al buil dings and medium
industrial uses such as heavy outside storage and general manufacturing.
Such a buffer could also incorporate a planting strip or fencing to provide a
visual screen. By-law 84-63 states that outside storage shall not be located
closer to a public street than any principle structure located on the same
lot, and that any outside storage not adjacent to a public street shall
maintain a minimum of a 5 metre setback from a rear lot line. Staff note
that Durham Street is a public road for a distance of approximately 110
metres west of the CN Rail right-of-way. The maximum 150 metre setback from
the former reclaim plant would intrude a distance of approximately 60 metres
into the proposed residential lands.
This setback however would only apply along the eastern half of the proposed
residential lands. Inasmuch as outside storage would be permitted on the
western portion of the Goodyear property, up to 5 metres from the lot line, a
minimum setback of 90 metres from such storage would intrude a distance of
approximately 85 metres into the proposed subdivision. These setbacks will
require a redesign of the subdivision plan in order to provide the required
separation distance.
Staff have conducted an inspection of the subject site and note that
residential uses abut the lands to the east and are located to the west across
the Creek Valley. As well, Staff note that the road allowances of Durham, Hunt
and Nelson Streets accessing the lands are below 20 metres in width and
therefore would not be suitable for carrying industrial traffic. Given these
factors, Staff have no objection to the redesignation of the subject lands from
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REPORT NO.: PD-163-87
Page 9
"Industria1" to "Residential" and would recommend that such a
recommendation be forwarded to the Region of Durham by Council, however,
given the numerous concerns identified with respect to the development of
the site and the current design of the subdivision, it is recommended
that this only be done upon receipt, in writing, of confirmation from the
applicant that he is aware of the conditions for approval and is willing
to satisfy same. It is therefore further recommended that the proposed
Subdivision plan be referred back to the applicant for redesign and
resubmission. In this regard, comments from all commenting agencies will
be provided to the applicant, including the Ministry of the Environment
when available.
Respectfully submitted,
JAS*TTE*jip
*Attach.
June 4, 1987
CC: Messrs. Joseph & Carl Schwarz
R.R. #6
BOWMANVILLE, Ontario
L1C 3K7
Nlr. Ian Wi 1 son
70 Lawrence Crescent
BUWMANVILLE, Untario
L1C 1J5
Mr. George Pollitt
70 Bond Street
Box 832
OSHAWA, Untario
L1N 7N1
Recommended for presentation
to the Committee
r`l/~ ,~ 1
Lawrence ~cozserr
Chief A~ i istrative Officer
Mr. David Lawson, President
Bowmanville Creek Angles Association
46 Doreen Crescent
BOWMANVILLE, Ontario
L1C 3W7
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TOWN OF NEWCASTLE
REPORT
hEETING: General Purpose and Administration Committee
DATE: Monday, January 5, 1987
REPOT #: PD-6-87 FILE #: 86_74/D NB
SUB,ECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN AND
TOWN OF NENCASTLE OFFICIAL PLAN -JOSEPH & CARL SCHYARZ
PART LOTS 11 and 12, CONCESSION 1, BOWMANVILLE
~ FILE: 86-74/D/NB
CROSS REFERENCE: PROPOSED PLAN OF SUBDIVISION 18T-86066
File #
Res. #
By-Law #
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-6-87 be received; and
2. THAT Official Plan Amendment Application 86-74%D/NB submitted by Joseph and Carl
Schwarz be referred back to Staff for a subsequent report. upon completion of the
f ~ necessary circulation and receipt of all comments related thereto.
BACKGROUND AND COMMENT:
Un October 29, 1986, the Region of Durham advised the Town o.f an application submitted .by
Joseph and Carl Schwarz to amend the Durham Regional Official Plan and the Town of
Newcastle Official Plan to redesignate a 8.3 hectare (20.5 acre) parcel in Part Lots 11
and 12, Concession 1, Bowmanvil~ie from "Industrial" and "Major Open Space" to
"Residential". Subsequently, on November 3, 1986, the Region advised the Town of the
* submission of an application for a 119 unit residential subdivision on the subject lands
(see Attachment No. 1).
r~
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REPORT NO.: PD-6-87
Page 2
The site is zoned "General Industrial Exception (M2-1)" and "Environmental
Protection (EP)" by By-law 84-63, as amended. The "M2-1" zone only permits
the use of the lands for a manufacturing, processing, assembly or
fabrication plant; the lands were zoned "Heavy Industrial (M2 )" by By-law
1587, of the former Town of Bowmanville. The lands immediately adjacent to
Bowmanville Creek are zoned "EP".
Under the provisions of the Planning Act and the Durham Regional Official
.Plan, the Region of Durham is responsible for Public Meetings in respect of
r
proposed amendments to both the Regional and local Official Plans. However,
inasmuch as the subject application involves the Town's Official Plan, Staff
has scheduled a Public Meeting to obtain public input prior to finalizing a
recommendation. In that regard, Public Notice was provided to area
residents in accordance with the requirements of the Planning Act. As of
the date of the writing of this report, no submissions from the public with
respect to the subject application have been received by Staff.
The Ufficial Plan Amendment application and proposed Plan of Subdivision
have been circulated by the Region and the Town to various departments and
agencies for comment. Not all of the circulated agencies have responded;
the following is a summary of the comments received to date:
Town of Newcastle Fire Department
"This Department has no objection to the above-headed application.
Emergency fire protection would be from Station #1, which is within an
acceptable travel response distance. Water supply for firefighting is
through the Regional hydrant system. The two proposed access routes (Nelson
Street and Durham Street) are satisfactory for this department's
requirements. It is my understanding that the existing rail spur line that
runs on Hunt Street is used on a limited basis and train cars would not
block both subdivision entrances at the same time."
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REPURT.NO.: PD-6-87
Page 3
Town of Newcastle Community Services Department
"Based on our current policy we will not accept Block 90 as parkland
dedication. The Town shall require the gratuitous dedication of flood
susceptible lands associated with the Bowmanville Creek system either to the
Town or to the Conservation Authority. A subsequent plan of the remnant
parcel retained by the applicant (Lot 12) is required to determine the
ultimate parkland requirements of the Bowmanville Creek Valley lands in
association with C.L.U.C.A.'s master plan of this area."
Ministry of Natural Resources
"Ministry Staff have reviewed the proposal and inspected the site. While we
have no objections to the principle of development at this site, we do have
concerns which should be addressed prior to the approval of the plan.
The Bowmanville. Creek, a significant Coldwater trout stream, is located just
west of the subject property. This creek is used as a spawning migration
route for rainbow and brown trout as well as pink, coho and Chinook salmon.
Uur major concern with this proposal is the potential for erosion of the
valley lands on the western boundary of the site and the subsequent effects
on the creek as well as the wetland. downstream. This wetland is a
significant warmwater fish spawning area and should be protected .against
excess sedimentation resulting from upstream development activities.
It was noted at our site inspection that the valley slope in the rear of
Lots 39 to 44, inclusive, is severely eroded. This slope should be
stabilized.in order to prevent further erosion and the subsequent siltation
of the Creek.
Recommendations:
Based on the above, the Ministry has no objections to the approval of this
subdivision provided that it be subject to the following conditions:
1. That Block 90 of the plan be retained in the "Environmental Protection
(EP)" zone as indicated in Town of Newcastle By-law 84-63.
2. Prior to any grading or construction on the site, the Owner shall
prepare a stormwater and erosion control plan, which shall be acceptable
to the Ministry of Natural Resources. This Plan will show all proposed
surface drainage worlds, and will describe the means to minimize soil
erosion and the direct discharge of stormwater flow into Bowmanville
Creek, both during and after construction. These plans will also
describe the means to stabilize the valley slope in the rear of Lots 39
to 44 in order to minimize further undercutting of this slope.
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REPORT NO.: PD-6-87
Ministry of Natural Resources
Page 4
The Subdivision Agreement between the Owner and the municipality shall
contain the following provision in wording acceptable to this Ministry:
a) That the Uwner agrees to implement the stormwater and erosion control
plans for the site as required in Condition 2 above."
Canadian National (CN) Railw
"The Railway objects to the locating of any new residential development
adjacent to our operated right-of-way.
The proposed development being adjacent to the Bowmanville Spur, a Tertiary
Branchline, must comply with the following conditions in accordance with our
standard noise, vibration and impact mitigation measures before the Railway
will withdraw its objection.
a) No berm or fence required.
b) Setback of dwellings from the railway right-of-way to be a minimum of 15
metres.
c) No vibration mitigation measures required.
d) A clause should be inserted in all offers to purchase, agreements of
salve and purchase or lease and in the title deed or lease of each
dwelling, warning prospective purchasers or tenants of the exi stence of
the Railway's operated right-of-way; the possibility of alterations to
or an expansion of its rail facilities thereon i n the future, includi ng
the possibility that the Railway may expand its operation., which
expansion may affect the living environment of the residents
notwithstanding the inclusion of noise and vibration attenuating
measures in the design of the subdivision and individual units, and that
the Railway will not be responsible for complaints or claims arising
from the Railway's use of its facilities and/or operations.
e) Any proposed alterations to the existing drainage pattern affecting
Railway property must receive prior concurrence from the Railway and be
substantiated by a drainage report to the satisfaction of the Railway.
f) The Developer shall install at his own expense, a chain link fence of
minimum 1.83 metre (6~feet) height along the mutual property line, whch
shall be maintained by the Owner.
g) That the owner, through restrictive covenants to be registered on title
and all agreements of purchase and sale provide notice to the public
that the proposed fencing is not to be altered and further that the sole
responsibility for the maintenance of the noise barrier fence is the
property owner's responsibility.
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REPORT NO.: PD-6-87
`r
V\
Page 5 l
Canadian National (CN) Railway
h) Pursuant to the Planning Act, the Town shall provide this office of the
Railway with written notice of the public meeting, by-law and passing of
the by-law appropriately zoning the lands hereby proposed for
subdivision.
If any of the above recommended conditions are not to be imposed by Regional
Council or its Appointed Officer in its approval, CN formally requests, by
this letter, that the Draft Plan of Subdivision not be approved but be
referred to the Ontario Municipal Board pursuant to Section 4(1 ), 5(l) and
50(15) of the Planning Act, 1983, S.O. 1983, c.l."
The following agencies have indicated no objection to the Offici al Plan
Amendment Application and the proposed Plan of Subdivision:
- Town of Newcastle Building Department.
- Ontario Hydro
- Northumberland and Newcastle Board of Education
- Ministry of Transportation and Communications
It is respectfully recommended that the Official-Plan Amendment applicatio n
86-74/D/NB be referred back to Staff for a subsequent report.
Respectfully submitted, Recommended for presentation
to the Committee
. war s, awrence o se
Director of Planning Chief Administrative Officer
JAS*TTE*jip
*Attach.
December 11, 1986
.}
cc: Mssrs. Carl & Joseph Schwarz
R.R. #6
BUWMANVILLE, Ontario L1C 3K7
cc: Mr. George Pollitt
70 Bond Street West
Box 832
USHAWA, Ontario L1H 7N1