HomeMy WebLinkAbout09/10/1973MEETING OF THE
COMMITTEE OF ADJUSTMENT
Monday, September 10, 1973, at 7:00 p.m.
Council Chamber,
Orono, Ontario.
Present: E.R. Lovekin B.A. LL.B., Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
The minutes of meetings July 23; July 24; July 26; 1973,
were approved on motion by K. .Schoenmaker, seconded by Q.F.R.
Osborne. Carried.
Application "B"32-73 J.G. Stephenson, Owner,
R.R. #2, Newcastle, Ont=rio,
for part of Lot 23, Concession 1,
Township of Clarke,
Submission "B"32-73-32
I.s business arising from the meeting of July 24, 1973,
this application was brought forward for further consideration.
Mr. J.G. Stephenson, applicant, appeared in support of this
application. No other person appeared in support of, or in
opposition to this application.
Mr. Stephenson, under oath, presented the following
material to the meeting:
1. Plan of Survey, signed "Charles F. Riley", CLS.,
dated June 16, 1973 , Plan R undated;
Mr. Stephenson indicated on the Plan of Survey the area
of 9.385 acres he wishes to sever and convey to his daughter.
This is part 3 on the referenced Plan.
The Committee referred to the minutes of July 24, 1973;
recalled their inspection of the property on July 24, 1973 and
following perusal of the Plan of Survey the application for
severance of 9.385 acres "part 3" was granted on motion by
E.F.R. Osborne, seconded by K. Schoenmaker, sub;ect to the
following condition:
1. That the land being conveyed to Mr. Stephenson's
daughter, Mrs. Ross Boyd, will bF held in the
same name or names as the land presently owned
by her so that the new parcel will merge with the
property already held and become one property.
CLRAIED.
CLASSIFIC',TIG:r 10 "A"
Page 2
Meeting Committee of Adjustment, September. 10, 1973:
Application File "B"24-73
William H. McIlroy, Owner,
R.R. -2, Newcastle, Ontario,
for part of Lot 1S, Con 2,
Township of Clarke,
Submission No.B24-73-24
.s business arising from the meeting. June 20, 1973, this
application was brought forward for further consideration.
No person appeared in support of, or in opposition to this
application.
The Secretary -Treasurer presented the following material to
the meeting:
1. A signed statement from Mr. McIlroy as follows:
"I, William H. AicIlroy, R.R. 42 Ne�,rcastle, Ontario,
confirm that my daughter and her husband (Robert B.M.
Watson) will take the land severed under application
"B"24-73-24 in the name or names as the land already
owned by them.
signed "Iir. William H. 1•1cT_lroy"
Dated at the Village of
Orono, this 15th day of
August, 1973."
The Committee referred to the minutes of June 20, 1973;
recalled their inspection of the property on June 15, 1973;
perused the Flan of Survey and the application for a severance
of 4700 sq. ft. to be added to an existing lot was granted
on motion by K. Schoenmaker, seconded by E.F.R. Osborne, subject
to the following condition:
1. That the land being conveyed to Mr. Mcllroy's daughter
will be held in the same name or names as the land
presently owned by her so that the new parcel will
merge with the pror:erty already held and become
one property.
CLFSSIFICATICN 10 "A"
Application File "B" 40-73-40
CARRIED
W. Kay Lycett, Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario.
Bernard Callanan, Owner,
Orono, Ontr.rio,
for part of Lot 29, Con. 5,
Police Village of Orono,
Township of Clarke,
Submission No. "B" 40-73-40
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of 355.2' X
355' X 4791, approximately 4.53 Acres from the applicants land.
The Secretary -Treasurer reported that 22 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules
of Procedure.
Mr. & Mrs. Bernard Callanan, applicants, accompanied by their
solicitor, W. K. Lycett, o.C., Barrister & Solicitor, Orono, Ont.,appeared
in support of their application. No other person appeared in
support of, or in opposition to this application. Mr. Roy Foster appeared
as an observer.
The Secrt?ry-Treasurer presented the following material to
the meeting: ...............
Page 3
Meeting Committee of Adjustment, Sept. 10, 1973.
1. Correspondence from W. K. Lycett, C'.C., Barrister &
Solicitor, Orono, Ont., under date of August 15, 19732—
,e again make application on behalf of Bernard Callanan
for separation of a portion of his lands comprising part
Lot 29, Concession 5, Clarke in the Village of Orono and
being part of Block 9 according to Hanning's Plan, all as
per survey copy of which is enclosed for your information.
These same lands were the subject of a prior application
filed with you under number 296-71. I believe that consent
was granted to sever at that time however no conveyance was
submitted for endorsement of consent in the time provided
for under the Planning Act, so therefore consent has expired
and thus this application becomes necessary.
In view of the results of the former application we see no
difficulty in the matter and trust you will bring this
matter up at your next meeting. Signed "W. K. Lycett".
2. Correspondence from Robert A. Edmunds, P.Eng., Counties
Engineer's Office, Counties Building, Cobourg, Ont., under
date of September 4, 1973, —"Phe Counties Road and Bridge
Committee has reviewed the Aprlication for Consent to
divide Mr. Callanan's property on County Road 472 in Orono.
As you know, if this consent is granted, the Counties
would be required to approve another entrance onto the
County Road.
In our opinion the existing entrance to the Callanan
home and garage is a hazard to those using it and the
County Road. Another entrance- south of the existing one
would only increase the problem.
The Counties Road and Bridge Committee opposes the grant—
ing of this severance until such time as a proper and
safe solution to the access problem is made. Signed
"Robert A. Edmunds, P.Eng., Counties' Engineer and Road
Superintendent."
This is an application by Mr. Bernard Callanan for consent to
the same severance previously granted to him under application
"B"296-71-234 dated May 31, 1971.
Since the time of the previous application the VLA were
concerned and similar other factors intervened and the applicant
allowed the 2 year period to elapse before presenting a deed for
certification. While this Committee have never considered itself
by the rule of stare decisis, common sense would dictate that
given the same facts, the Committee Urould consistently reach the
same conclusion. The only possible exception to this situation
would be where intervening legislation had changed the rules under
which severances should be granted.
The Committee have carefully looked into the question of
intervening by—laws and statutory requirements and are unaware of
any circumstantial material to this decision. The Committee noted
that a letter was received from the office of the County engineer,
Cobourg, Ontario, contents of which are included in this decision.
At one time there was a request on behalf of the applicant for
additional entrances south of his present entrance and the Committee,
upon inspecting the site, refusedthese entre.nces mainly because of
the grade of the road and the elevation of the embankment adjacent
to the road.
The Committee are aware of "United Counties of Northumberland
and Durham GUIDELINES CONCERNING DEV'_LOrEi-N ADJ:CE:JT TO CCUNTY
ROADS", dated July 27, 1973, received from Clerk—Treasurer, Ken
Symons, Cobourg, Ont.-�rio. ...................
Page 4
Meeting Committee of Adjustment, Sept. 10, 1973.
Attempts were made to contact Mr. Robert A. Edmunds, Counties
Engineer, by telephone, but he was unavailable and the Committee
feel that he has probably remembered this particular problem and
is of the opinion that this present application #11B"40-73-401 is a
renewal of former applications which requested extra entrances,
#11B"12772-101 4#"3"-13-72-11, .$"B"14-72-12, dated May 5, 1972, which
were refused by the Committee on July 4, 1972.
Upon cross examination of the applicant, Mr. Callanan, the
Committee were satisfied that he wasnerfectly aware that the Com-
mittee were in no way recommending additional entrances to the one
which he already uses and access is a matter beyond the Committees'
control.
Bearing in mind all these facts, this application for Consent
to a prior application (4296-71-234) so tliat a deed may be certified
is granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker,
carried.
CLASSIFICATIOI•I Sec 4 "Rl"
Application File No. "A1124-73 Home Smith Properti,os Limited,
123 Edward Street,
Toronto, Ontario, Owner,
Charles Ewert 3.A. LL.B.Agent,
General Delivery,
Newcastle, Ontario,
for part of Lot 64, Flan 693
Village of Crono,
Township of Clarke,
Submission No. "%.1124-73-24
Application was made for exemption or partial exemption from
provisions of the sub -division control by-law 1592 as amended by
by-law 1653 from the required front yard provision of 20' to a
front yard of 19.961, Apr!endix 1, Sub. Sec. (d)
Charles Ewert B.A. L.L.B., an articled Student in the Law
Office of E.R. Lovekin B.".. LL.B., Newcastle, Ontario, appeared
on behalf of the applicant in supl.ort of this application. No
other person appeared in support of, or in opposition to this
application.
E.R. Love'rin B.A. LL.B., Chairman, disqualified himself from
the hearing of this application, having previous knowledge of
this matter and t -_r. K. Schoenmaker, senior member, conducted the
hearing on this case.
The Secretary -Treasurer reported that 11 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules of
Procedure.
The following material was presented to the meeting:
1. A photostat copy of a Flan of Survey, prepared
by Merrill D. Brown Limited, OLS., Bowmanville,
Ontario, dated December 11, 1972, file 72133-64-B;.
Mr. C. Ewert, under oath, indicated on the Plan of Survey
the discrepancy which he stated to he 19.961. The front yard
requirement under section Appendix 1, sub. sec. (d) of the
by-law is 201, therefore, the difference in this measurement
is .A4'. This was really a matter of a survey error and the
differentiation is microscopic.
The Committee perused the Plan of Survey and concluded that
this was a very minor error and there would be no need to
inspect the property.
Application for the minor variance as applied for granted
on motion by E.F.R. Csborne, seconded by K. Sch.:enmaker, subject
to the following conditions:
Page 5
Meeting Committee of .djustment, September70, 1973
1� TAKE' WARNING that this decision for minor variance
of the Clarke. Township Committee of Adjustment
IS CBCT FI?:1 AND BINDING until the time for appeal
by any interested party h -s lapsed under the terms
of the Planning Act of the .'rovince of Ontario.
THIS TIME FOR APPEAL IS 21 DAYS FRGM THE DATE that
the minutes of this decision have been mailed to the
Minister of Municipal Affairs of the Province of
Ontario;
2. This decision should not be registered on title until
the said .time for appeal has lapsed when the applicants
shall then register on title by way of Deposit a copy
of the Form of Consent and shall forthwith thereafter
forward to the Secretary of the Committee of Adjustment
a duplicate Certificate of Deposit or a Notarial copy
thereof;
3. AND FURTHER that upon receipt by the Secretary of the
aforesaid document, the appropriate administrative
officials of the Township of Clarke shall be authorized
to issue any and all necessary permits or to take any
steps necessary to implement this decision.
CLASSIFICATION Append 1 sub sec (d) "Rl"
Application File "B1130-73
Ci.RRIED.
I.C. Copping, Owner,
R.R. #12 Crono Ont=.rio,
for part of Lot 21, Con 6,
Township of Clarke,
Submission No. "n1130-73-30
As business arising from minutes of July 23, 1973 meeting,
this application was brought forward for further consideration.
Mr., E.C. Copping, applicant, Hppe red in support of this
application. No other person appeared in support of, or in
opposition to this application.
The following material was presented to the meeting:
1. -. Certified Flan of Survey, Plan 10R, dated
Septem;er 5, 1973, file 73207, prepared by
^Cerrill D. Brown CLS 1106;
Mr. E.C. Copping, under oath, indicated on the said Plan
of Survey the lot he wishes to sever. This is shown as
"part 1" and an area of 1.00 acre.
The Committee reviewed the minutes of their meeting July
23, 1973; recalled their inspection of the property on July 24,
1973 and following further discussion the application was
granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne,subject
to the following conditions:
1. The granting of this severance for 1 acre will
nullify the applicant's privilege of retaining
ancther lot from the sale of his farm as provided
for under Section Appendix 1, sub sec. 1 (j)
"Farmer Retair:ing Lot" amending by—law 1653;
2. That the following clause shall be included in the
deed to the 1 acre parcel retained by the applicant
E.C. Copping: "`UBJ--ct to the restriction,limitation.and
condition that the lands herein described shall not be sold,transferred
or conveyed, or any equity therein, with the exception of a
mortgage, be sold, transferred or conveyed to any person,firm or
corporation other than to a person who is an immediate member of the
"Copping" family for a period of five (5) years from the date upon
which the decision of the Committee of ^.djustment of the Township of
Clarke to the within conveyance becomes final, such date to be as
shown on the copy of the decision of the said Committee which is
attached to and forms part of this Deed." CARRIED.
CLASSIFICATIL.' 10 "A" Append 1 sub sec 1 (j)
Page 6
Meeting Committee of ,djustment, September 10, 1973
File "•�"22-73 Ernest €Arlette Beaudette,Owners,
Crooked Creek R.R. 41,
Newtonville, Ontario,
Lot 9, Con 4,
TownshiF of Clarke,
Submission 11A1122-73-22
As business arising from minutes of meeting July 230 1973,
this application was brought forward for further consideration.
Mr. Ernest Beaudette, applicant, appeared in support of this
application. No other person appeared in sup.:crt of, or in
opposition to this application.
Mr. E. Beaudette, under oath, presented the following
material to the meeting:
1. A Plan of Survey, #68096, prepared by M.D. Brown
CLS., Bowmanville, Ontario, dated October 23, 1968
on which is outlined the reccmmendati_ns of the
Building Inspector, Mr. Horace R. Best, as to the
location of the proposed new dwelling.
The variances proposed are as follows:
(a) Under Section 3.8 - a variance of 14' to permit
a building or any appurtenance thereto to be
installed 86' from the existing creek;
(b) Under Section -ppend 1, Sub sec 1(g)- a variance
of 35' thereby reducing the set back from
required 93' to a set back of 581;
The Committee referred to the minutes of their meeting on
July 23, 1973 and were satisfied that Mr. Beaudette had complied
with their recommendation at that time to consult Nr. H.R. Best,
Building Inspector,"regarding a re-locat_on o� the proposed
dwelling" and the application was amended accordingly and initialled.
The Committee recalled their inspection of the property
and were of the opinion that the proposed new dwelling will be
a considerable improvement. It is understood that the old
building which is part'_, on the road allow,nce is to be tern
down.
Application for a minor variance from the required 100'
from a stream to 86', (sec. 3.8) and a minor variance for a set
back from the rcequir._d 93' to a set back of 58' (append 1, sub sec
1(g) amending by-law 1653 was granted on motion by K. Schoenmaker,
seconded by E.F.R. Osborne, subject to the following conditions:
1. The old house must be completely demolished;
demolition to commence immediately upon the
new house being occuFied and to be completed
within 6 months;
2. The applicant to be a are that he must secure
permission of the Haliburton Kawartha cine Ridge
District Health Unit for the septic disposal
system;
3. The Building Inspector, r°:r. Horace R. Best to
be given a complete "site plan" prepared by an
Ont=rio Land Surveyor so that the new house
would be accurately located;
Face 7
Meeting Committee of Adjustment, September 10, 1973:
4. TAKE WJARNING that this decision for minor variances
of the Clarke Township Committee of Adjustment
IS NOT FINAL AND BINDING until the time for
appeal by any interested party has lapsed under
the terms of the Flannina Act of the Province of
Ontario; T'sIS TIME FOR AppE.'-:L IS 21 DAYS FRGM
THE DATE that the minutes of this decision have
been mailed to the Minister of Municipal :affairs
of the Province of Ontario;
5. This decision shculf not be recistered on title
until the said time for appeal has lapsed when
the applicant .shall then register :n title by
way of Deposit a copy of the Form of Consent and
shall forthwith thereafter forward to the Secretary
of the Committee of Adjustment a duplicate Certificate
of Deposit or a Notarial co,,y thereof;
6. AND FURTI?ER that upon receipt by the Secretary of
the aforesaid document, the appropriate administrative
officials or the Township of Clarke shall be
authorized to issue any and all necessary permits or
to take any steps necessary to irn__lement this decision.
CARRIED.
As a matter of record, Chairman, E.R. Lovekin B:A. LL.B., withdrew from
participation in the final decision, as since the application was presented his
firm has become involved in the proposed sale.
CL; S,;=IC "_ ION 10 "'21
Sec. 318
`prr_nd 1, sub sec. 1 (,)
Applicaticn File "B"33-73
Charles Stapleton & Owners,
Everett Stapleton,
R.R. 42, Orono, Ontario,
for part of Lot 30,
Con 6, Township of Clarke,
Submission No. "B"33-73-33
As business arising from minutes of meeting July 23, 1973
this applicat_cn was brought forward for further consideration.
Messrs. Charles Stapleton and Everett Stapleton appeared
in support of this application. No other person appe',red in
support of, or in opposition to l'iis application.
The following material was presented t the meeting:
1. A certified plan of
by E.D. Broom CLS.,
file 73210;
Survey, plan 10R, prepared
dated August 31, 19732
Messrs. Charles and Everett Stapleton, under oath, indicated
on the plan of Survey "Fart 1" to be added to "Fart 211.
The Committee perused the Plan of Survey; reviewed the
minutes of the meeting July 23, 1973; recalled their inspection
of the property on July 24, 1973 and following further discussion
the applicat'_cn for severance of 27+ acres of abutting land to
create a larger lot for the existing dwelling and barn was granted
on motion by E.F.R. Osborne, seconded by K. Schoenmaker.
CARRIED.
Page a
Meeting Committee of Adjustment, September 10, 1973:
Application File "-"35-73 cert D. Mann, Owner,
c/o J.L. Zeldin %C.,
Barrister & Solicitor,
23 Bedford Road,
Toront-, Ontario,
for part of Lots 17 & 180
Concession 2,
Township of Clarke,
Submission No. "3"35-73-35
As business arising from the minutes of meeting July 23,
19731 this application was brought forward for further consideration.
[Merrill D. crown OLS.,Bowmanville, O:a ario, appeared in
support of t is application. No other person appeared in support
of, or in opposition to this application.
The following material was presented to the meeting:
1. Letter, signed"John Leon Zeldin" 4.C., 23 Lsedford
Rd. Toronto Ontario, dated September 5, 1973,
addressed to :r. M.D. Brown, Ontario Land Surveyor,
121 ,ueen St. Dowmanville, Ontario - "Let this
letter serve as your authority toact =s my agent
to present to the Committee of '-dj.ustment for the
Township of Clar,--e, an up-to-date survey with
regard to the above applic,=tion at their next
meeting on PIonday, September 10, 1973.
Yours very truly,
(sgd.) "John Leon Zeldin"
2. A certified Plan of Survey, prepared by M.D. brown
OLS., dated September 10, 19737 !r68058C;
Mr. Brown, under oath, indicated on the Clan of Survey
the area to be severed containing the farm buildings, etc.
This is "part 1" and contains 67.795 acres. I°ir. Brown
explained that the fence on the southerly part of this property
abutting the house had been moved southerly in order to give
adequate side yard clearances to the pool and dwelling etc.
The Committee perused the Plan of Survey, reviewed the
minutes of the meeting July 23, 1973; recalled their inspection
o� the property on July 24, 1973, and the application for
severance of 67.795 acres was granted on motion by K. Schoenmaker
seconded by E.F.R. Osborne. Granted.
CLA.3S1F ICZ.T1C N 10 "A"
Application File "B"34-73
William Skelding, Owner,
Neatonville, Ont'ric,
for part of Lot 8, Con 2,
Township of Clarke,
Submission No. "31134-73-34
As business arising from meeting July 23, 19739 this
applic-tion was brought forward for further consideration.
Mrs. William Sk_eldirg, applicant, appeared in support of
this application, No other person appeared in support of, or
in opposition to this arplicetion.
Firs. Skelding was reminded thr,t she was still under oath.
The Committee noted that the applicant's property was zoned
"Highway Commercial" which requires a minimum lot size of 1 acre.
The applicant's business is located almost in the exact centre
of the Hamlet of New tonville and the 1 acre recuirement for a
Highway Commercial Pro:erty appears unrealistic in the centre of
a Hamlet.
Page 9
Meeting Committee of .adjustment, September 10, 1973:
Briefly the applicant seeks to retain the fuel supply
business on part of the property and to retain a com:nercial lot
for the construction of another commercial business.
Following further discussio n the Committee recommended that
Mrs. Skelding consult Mr. Horace R. ^est, Zonig=.dministrator
and Secretary of the Planning Board, regarding the rezoning of
this property from "Highway Commercial' to'Commercial".
Application adjourned awaiting further submission from the
applicant.
CLASSIFI"7.TI N HC
Application File "B"36-73
',obert S. Kent, Owner,
R.R. 2, Newcastle, Ontario,
for tart of Lot 32, Con. 2,
Township of Clarke,
Submission 11B1136-73-36
Application was made for exemption or partial exemption
from provisions of the Planning -ct to permit the separF�ticn of a
parcel of land approximately 20 acres from the applicant's land.
The Secretary:Treasurer reported that 17 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules
of Procedure.
Mr. Robert G. Kent, applicant, appeared in support of this
application. The following persons also.appeared: Mr. & Mrs. R.H.
5en.son, R.R. s1`-2 Newcastle, Ontario; Mr. Eugene Hyslop, R.R. 42
Newcastle, Ontario. No other person appeared in support of or
in opposition to this application. Mr. Drian Hayes appeared on behalf
of Er. Jack Boynton, R.R. #2 Newcastle, Ontario.
Mr. R.G. Kent, under oath, stated the following facts:
1. He owns approximately 98 acres in this area,
but has other lands father away and conducts
a full time farming operation.;
2.. This has been a family farming operation for
approximately 26 years;
3. He wishes to sever approximately 20 acresand
retain it as a lot for himself and to sell the
farm to one or more of his sons who now assist him
on the farm;
4. He is of the opinion that he would qualify under
appendix 1 (j) "farmer retaining lot", as this
would be a retirement home.
The following persons were then requested to st=ate their concern
regarding this application:
Mr. and =rs. Robert Benson, stated -that they had appeared as they
were under the impression that Mr. Kent intended to create a park
or camping ground. They verbally confirmed that they had no
objectic.n to a retirement home. The Chairman explained that this
Committee has no control over "land use" which is a Planning Board
and Council matter. A severance does not alter "land use";
Messrs. E. Hyslop and Brian Hayes,st�ting that he appeared on
behalf of Mr. Jack Boynton, both were of the opinion that this
application was for recreational purposes and following the
explanation regarding "land use" by the Chairman they also verbally
confirmed that they would have no objection to a retirement home.
The Committee intimated to Mr. Kent that they would require a
restrictive clause be inserted in the deed and this application was
adjourned to enable the Committee to inspect the property. The
applicant was also advised that he would be required to submit
a proper Certified Plan of Survey before a final decision would be
given. CLA551FI:7=_TI01J 10 "A" . . . . . .
J
Page 10
Meeting Committee of Adjustment, September 10, 1973:
Application "B"37-73 Harold Edgar James Souch, Owner,
R.R. #1 Newtonville, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 4, Con 5,
Township of Clarke,
Submission "B"37-73-37
Application was made for exemption or partial exemption '
from provisions of the Planning Act to permit the separation of a
parcel of land approximately 12 acres from the applicant's land.
The Secretary -Treasurer reported that 16 notices of the said
hearing had been mailed in. accordance with Item 5 of The Rules of
Procedure.
Mr. Harold E.J. Souch, applicant, accompanied by his agent
W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario, appeared
in support of this application. No other person appeared in support
of or in opposition to this application.
The Secretary -Treasurer presented the following material
to the meeting:
1. Correspondence from W. Kay Lycett Q.C., Barrister
& Solicitor, Orono, Ontario, dated August 1, 1973
"Mr. Souch is presently the owner of the north
half of said lot 4 Concession 5 Clarke and he has
a proposed sale of the northerly 12 acres more or
less of his holding to a Mr. Hartoon who is the owner
of a tobacco farm on the north side of the 6th concession
line of the Township of Clarke, his lands lying
directly across the road from the subject lands in
this application. He wishes to obtain a conveyance
for this 12 acre parcel which will be used in con-
junction with his tobacco farming operation."
Mr. H.E.J. Souch, under oath, stated the following facts:
1. He wishes to sell the northerly 12 acres to one
Mr. Hartoon to be used in conjunction with Mr.
Hartoon's tobacco farming operation; Mr. Hartoon's
property is across the road and he grows 39 acres
of tobacco;
2. Mr. Souch also stated that he is the third generation
on the farm.
The Committee intimated to Mr. Souch that they may require a
condition be attached to the tobacco farm that the land be used
for agriculture purposes.
Application adjourned to enable the Committee to inspect the
property.
.CLASSIFICATION 10 "A"
Page 11
Committee of Adjustment meeting September 10, 1973:
Application "B"38-73 Newcastle Mushroom Farms Ltd.,
Owner,
R.R. 43 Newcastle, Ontario,
Louis Bellefontaine, Agent,
P,O, Box 406 Newcastle, Ontario,
Lot 24,Broken Front, Twp Clarke
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of 1.4
acres from the applicant's land.
. The Secretary -Treasurer reported that 17 hearing notices
of the said hearinq had been mailed in accordance with Item 5
of the Rules of Procedure.
Mr. and Mrs. Louis Bellefontaine, as applicants for Newcastle
Mushroom Farms Ltd., appeared in support of this application. No
other person appeared in support of, or in opFosition-to this:
application.
The Secretary -Treasurer presented the following material -to
the meeting:
1. Correspondence from "Louis Bellefontaine, President
of Newcastle Mushroom Farms Ltd., dated July -25,
1973; "Attached please find an application for
consent to sever a lot for the construction of one
agricultural dwelling on lot 24 B.F. Concession
Clarke Township.
This lot consists of 9.7 acres and is zoned
for agricultural use containing one mushroom plant
as shown on the attached drawing. The property and
buildings are owned by Newcastle Mushroom Farms Ltd.
with the Industrial Development Bank holding a
Mortgage secure loan.
The undersigned is currently arranging
for the acquisition of all shares of Newcastle
Mushroom Farms Ltd..and in light of this development
I wish to apply for a'building permit to construct
a family dwelling on this lot as I understand this
complies with present regulations.
The department of health has inspected the
property for sewage facilities and this location
offers all that is required to comply with all
department of health regulations.
The construction of a family dwelling on this
lot requires the writer to obtain a mortgage for
the necessary funds. As a result a severance is
necessary in order to obtain a deed to the lot for the
mortgage company.
A residence at the mushroom plant is necessary
for caretaking and maintenance, picking and crop
surveillance.
When consent is granted to sever a lot on this
site there is no intent of offering this lot or dwelling
for sale nor is there intent to construct another
dwelling on the remaining portion of land that contains
the mushroom plant. The deed for the severed lot would
however be registered in my name or that of my wife.
With new regional government in the immediate
offing and my urgent need for a family dwelling I
throught it appropriate to make application now so that
consideration could be given by those who have local
interest and concern.
The writer has discussed this severance with
I.D.B. and has their approval of this application.
I trust the committee of adjustment will see fit
to investigate this application at their earliest
convenience.
(sgd.) "Louis Bellefontaine"
Face 12
Meeting Committee of Adjustment Septem'_-er 10, 1973:
Mir. Louis 5elletontaine was sw- rn and quest'.onned as follows:
"Q" Can you give us an idea of the total value of the
mushroom gro'.fing operation;
"A" As of January 1971, $86,000.00 on fixed assets;
"Q" Can you give us an idea of prcducticn to date by way of
gross value s_..les;
"A" About y15,000.00 per annum;
"Q" Total acreage; AAAI approximately 9.7 acres;
"Q" Have you h -d any particular difficulties in developing
this business;
"All Yes, one problem, failure of well water supply;
"Q" Do you intend to continue on as a mushroom c;eration "." yes
"Q" Who purchased these lands originally for this purpose;
"A" Charles Riley, Land Surveyor who is my brother-in-law
and myself;
ghat was done with the land;
"A" Sold to the Newcastle mushroom Farms Ltd. who applied
to Industrial Bank for a loan;
"Q" Is the Newc=istle Eushroom Farms Ltd., a private or
public company "%"" private company;
Are the majority of the shareholders all members of your
immediate family;
"A" my brother-in-law and myself on a 50-50 basis;
"Q" 14here are you presently living
"A" 'Ile live at Nec,,cestle on th_ Lake, at ::ill & Bolton Sts;
"Q" Is it necessary for you to be near the mushroom crop;
"A" yes, definitely for basic care and attendance to check
morning and night, for checking temperature and humidity;
boiler system operetes automatically, but in the event of
a storm (lightning) the boiler would automatically shut
down and this weld necessitate the resetting of the
equipment.
"Q" Where do ycu dispose of these mushrooms;
"A" Commercially to Toronto market, Peterborough and locally
This concluded the discussion of the application and the matter
was adjourned to enable -the Committee to insrect the property.
CLASSIFIC'=C N 10 "•"
Page 13
Meeting Committee of Adjustment September 10, 1973:
Application File "7-1139-73 Sidney Hallowell, Owner,
R.R. 41 Crcno CntFrio,
Agnes Prosek, Agent and
General proposed purchaser,
Delivery, Nestonville, Ontario,
for part of Lot 13, Con 4,
Township of Clarke,
Submission No. "B"39-73-39
J
Application was made for exemption or partial exemption from
provis.icns of the Planning Act to permit the separation of
approximately 58 acres from the applicant's land.
The Secretary -Treasurer reported that 17 hearing notices
of the said hearing had been mailed in accor,lance with Item S
of the Rules of Procedure.
Mr. Sidney Hallowell, applicant, accompanied by Mrs.Agnes
Prosek and her husband, appeared in support of this application.
No other person appeared in support of, or in opposition to this
application.
The Secretary -Treasurer presented the following material to
the meeting:
1. Signed authorization by "Sidney Hallowell"
'"appointing Mrs. Agnes Prosek my agent to make this
applicn_tion" (sgd.) "Sidney Hallowell"
E.R. Lovekin P.A. LL.B., Chairman, disqualified himself from
the hearing of t`r1s application, having previous knowledge of
this matter and Mr. K. Schoenmaker, senior member, conducted the
herring on this case.
Mr. Sidney Hallos%,ell, under oath, stated the following
facts:
1. He owns approximately 116 acres and has owned the
property since 1944. He retired from farming
approximately S years ago;
2. Mr. Hallowell pointed out on a sketch the area he
wishes to sell to Mrs. Prosek;
Mr. and Mrs. Prosek,under oath, stated the following facts:
1. They wish to purchase the land for farming purposes;
2. This has been rented for one year and it has all
been plowed;
3. Wishes to build a house thereon -and a barn;
3. The land will be used for genu al agricultural
purposes and there is a good stream for cattle.
ApplicatiiDn adjourned to enable the Committee to inspect the
pro:- erty.
CLASSIFICATICN 10 ":A"
Page 14
Meeting Committee of Adjustment September 10, 1973:
Applicaticn File "B"41-73
C. Vince Austin,
Owner,
54 Fishleigh Dr.,
Scarborough Ontario,
Paul Riley,
Agent,
R.R. 43 Newcastle,
Ontario,
for part of Lot 24,
Broken Front,
Township of Clarke,
Submission No. "B"41-73-41
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of
approximately 2.3 acres from the applicant's land.
The Secretary -Treasurer reported that 18 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the mules of Procedure.
Mr. and firs. C. Vince Austin, applicants, accompanied by
Nr. and Mrs. Paul Riley appeared in support of this application.
No other person appeared in support of, or in opposition to this
application.
The Secretary -Treasurer- presented the following material to
the ma:;eting:
1. Signed Authorization that Paul H. Riley
IfAct as my agent on my behalf regarding application
for severance of prcl:erty"
(sgd.) C. Vince Austin"
2. Pen sketch of the proposed severance;
Mr. C. Vince Austin and Mr. Paul Riley, under oath, indicated
on the sketch of survei the location of the house which is in the
process of being built.
The dwelling house is situ -ted on approximately 12 acres and
this applicatin is for consent to put the house on a smaller
plot. This will enable separate financing to be put on the
house and will enable the owners to obtain a partial discharge
of an existing mortgage.
Application adjourned to enable the Committee to inspect the
property.
10 VIA't
Application File "3"42-73
Charles Melville Jones, Applicant,
10 Duke St. Owner,
Bo�.:manville, Ontario,
Swartz & Swartz, Agent,
Barristers & Solicitors,
22 King St. w.,
Oshawa Cntario,
for part of Lot 81
Con 1, Township of Clarke,
Submission No. "B1142-73-42
Anplication was made for exemption or artial exemption from
provi-cions of the Planning Act to permit the separation of
approximately 61..17 acres from the applicant's land.
The Secretary -Treasurer reported that 26 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Rules of Procedure.
Mr. Charles M. Jones, applicant, accompanied by his
solicitor Joel R. Palter, B I.L.B., Barrister & Solicitor,
Messrs. Swartz & Swartz, Cshawa, Ontario, appeared in support
of this application. No other person appeared in supr:ort of,
or in o;,-_.osition to this ap, lication.
The Secretary -Treasurer presented the following material
to the meeting: . . . .
Page 15
Meeting Committer of Adjustment, September 10, 1973:
1. Correspondence from Messrs. Swartz & Swartz,
Barristers &. Solicitors, Oshawa, Ontario,
dated 22nd August, 1973:
"'.s background information, we wish to advise
you that the property penciled in, and parts
4 & 5 on the Reference Ilan were owned by
Alice Nary Jones who died on June 2S, 1972.
By her Last Will and Testament, she devised this
land to her son Charles Melville Jones, the
Applicant herein. Charles Melville Jones was
and is also the owner of E'arts 1,2,3,6 & 7 on
the Reference Flan. Mr. Jones has entered into
an Agreement of Purchase and Sale for the sale
of Parts 1;2,324,526 & 7 on the Reference 'Plan.
However, he wishes to ret=in the two pieces
of land which we have penciled in on the Plan
and which were devised to him by his mother.
As we are sure you can see, if Por. Jones and
his mother had entered the Agreement of Purchase
and Sale prior to his motter's death in 1972 and
his mother had agreed to sell parts 4 & 5 and Mr.
Jones had agreed to sell parts 1,2,3,6 & 7 to
the perspective purchaser, no Consent would
have been required."
(s(:jd.) "Joel F. Palter
2. Copy of clan of Survey, elan lOR, dated June 21,
1973, signed "S.A.. Biddle" OLS., Donavan &
Fleischmann Co. Ltd., 11 Ontario St. Oshawa Ontario,
Job No. 23360;
Mr. C.:,. Jones, under oath, indicated on the Plan of Survey
The lands he wishes to sell and the lands he wishes to retain.
Also shown on the said plan and outlined in "ink" is an area
of a proposed lot south of "rose Street".
Following a lengthy discussion Joel R. Falter B.A., LL.B.,
agent for the applicant briefly outlined the reason for the
application which in its simplest form may be summarized as
follows:
Charles Melville Jones, the applicant; wns both the owner
in fee- simple of certain lands being part of Lot S, Concession
1, Township of Clarke, now part of the Hamlet cf Newtonville,
Ontario, and the beneficiary inheriting, certain other lands
in the some area under the terms of his mother's will, Mrs.
Alice Jones. Mr. M41ville Jones is the co-executor of the Will
of Alice Jones along with his wife.
Mr. Jones wishes to retain part of the lands he owns and to
sell the remainder. Because of this particular situation of
being both the owner in fee simple of some lands and the
beneficiary inheriting other lands, a planning problem of
merging has arisen. Mr. Palter, in order to clarify title in
a proposed sale to Mr. Stanley Gujda wishes to hove the deed
approved in order to put the validity of the transfer of property
beyond any doubt because of the cloud on title caused by the
Planning Act, since some of the lands abut.
Iyir. K. Scnoenm-ker, member, pointed -ut that if the applicaticn
were granted under the special terms suggested by Ir. Ealter,
the lot on the south side of Rose Street would be an undersized
lot in a "RR" zone.
Mr. Palter requrested the Committee to consider either J
permitting this land to be sold to Mr. Gujda, the proposed
purchaser, as part of the entire transaction or alternatively
permit it to be enlarged so that Mr. Jones will retain a 1 acre
lot and, if possible, this election to be given to the purchaser.
Application adjourned to enable the Committee to icspect the
property. CLASSIFICA.TIC N "RR""
C
C
Page 16
Meeting Committee of :adjustment September 10, 1973:
Application File "3"332-71
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Oronn, Gntnrio,
Boyd Stanley Harris, Owner,
for part of Lot 6, Con 2,
Township of Clarke,
Submission No.
As business arising from the minutes of meetings - September
8th and 15th, October 13, November 1,1971 and July 23, 1973,
this applicaticn was brought forward for further consideration.
Mrs. Boyd Stanley Harris, widow of Boyd Stanley Harris,
as applicant accompanied by her solicitor W. Kay Lycett S.A.,
appeared in support of this application. No other person
appeared in support of, or in oppositi.n to this applicaticn.
Mrs. Harris, under oath, stated that she is unable to carry
on the farming operation and wishes to sever a lot from the
farm as permitted under Section Appendix 1, (j) "Farmer Retaining
Lot.
W. Kay Lycett B.A., amended the application to read
"Estate of Boyd Stanley Harris, Deceased, "Myrtle Irene Harris
Executrix" and initialled same.
The application is now adjourned awaiting a proper Plan of
Survey, prepared by an Cntrio Land Surveyor for the requested
severance.
CLAS51FICATIoN 10 "Alt
Annend 1. (i)
Application File No. "B"44-73 Prairie Automobile Transport
Limited, Owner,
Sawmac Farms, R.R. N.
Orono, Ontario,
Peter Z. Magda Zsq. , Agent,
Barrister & Solicitor,
356 King St. W.
Oshawa, Ontario,
for part of Lot 29, Con 7,
Township of Clarke,
Submission No. "B"44-73-44
Applic=tion was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of
approximately 40 acres from the applicant's land.
The Secretary -Treasurer reported that 14 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Rules of Procedure.
Peter Z. Magda, Barrister and Solicitor, Oshawa, Ontario,
on behalf of the applicant, appeared in support of this appliction.
No other person appeared in support of, or in opposition to this
application.
The Secretary-Trensurer presented the following material to
the meeting:
1. Authorization signed "L.R. Sawyer" appointing
Peter Z. Magda, Barrister and Solicitor to act
as agent in this application to the Committee;
2. Correspondence dated August 21, 1973, signed
"Peter Z. Nagda". The Committee noted the contents
thereof;
Peter Z. Magda, Barrister and Solicitor, under oath,
stated the following facts:
1. The 40 acres concerned was largely covered with
trees and was rolling land, while suitable for
a dwelling it was not suitable for agricultural
purposes; . . . . . . .
Page 17
Meeting Committee of Adjustment, September 10, 1973
Th,i Committee perused a pencil sketch of the proposed
severance and advised Mr. Magda that the Committee will inspect
the property and will notify him if they require a Plan of
Survey.
Application adjourned to enable the Committee to inspect the
property.
CLASSIFICATI-,N 10 "A"
Applicrtion File "B"45-73
Victor Schneider, Owner,
R.R. 43 Newcostle, Ontario,
Richard Bates, Agent,
R.R. 43, Newcastle, Ontario,
for part of Lot 19, Con 1,
Township of Clarke,
Submission No. "B"45-73-45
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the sepAration of
approximately 1 Acre from the Applicant's lend.
The Secretary -Treasurer resorted that 16 hearing -notices
of the said hearing.had been mailed in accordance with Item 5
of the Rules of Procedure.
Mr. Richard Bates, agent for the applicant, appeared in
support of this application. No other person appeared in support
of, or in opposition to the application.
Mr. Richard Bates, under oath, presented a pencil sketch
of the proposed severance, and stated the following facts:
1. The farm of approximately 75 acres as been
owned by Mr. Victor Schneider, his father-in-law,
for about 20 years:
2. The major source of income is from the farming
operation;
3. The proposed severance is for a dwelling for
himself and his wife to enable him to assist
Mr. Schneider with the farming operation;
L".r. Bates also stated that he is an employee of the
Ontario Provincial Police, but still spends considerable time
assisting on the farm.
_=application =dlourned to enable the Committee to inspect the
property.
CL:,S51FICATICN 10 "A"
AFPLICATION File "B"47-73
Peter G1=shergen, Owner,
R.R. 41 Newtonvilie, Ontario,
Lr. Stan Gu j da, Agent,
1519 Park ,"toad South,
Oshawa, Cntario,
for part of Lot 1C9
Con 1, Township of Clarke,
Submission No. 113"47-73-47
Application was made for exemption or partial exemption from
provision of the :Tanning :act to permit the seporati.on of
aptroximately 1.2 acres from the applicant's land.
Page 18
Meeting Committee of Adjustment, September 10, 1973:
The Secretary -Treasurer reported that 19 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Rules of Procedure.
Nr. Stan Gujda, as agent and pro;osed purchaser, accompanied
by Joel R. Palter Esq., Barrister & Solicitor, Oshawa, Ont..-,rio,
appeared in support of this applic-tion. No other person appeared
in suplcrt of, or in opposition to this application.
The Secretory -Treasurer presented the following material
to the meeting:
1. Authorization appoint St=nley Gujda, purchaser,
"to represent me on an application for severance
regarding the abcve noted property. (sgd9
"Peter G. Glasbergen;
2. Photostat copy of a Plan of Survey, doted August 23,
1973, 473195, prepared by Merrill D. Brown Limited,
Land Surveying & Gng.'neerinc, 121 'ue_n St.
Bowmanville, Ontario, annotated "sketch illustrating
proposed separation of Part of Lot 10, Concession 1,
Township of Clarke, County of Durham"
Mr. Stan Gujda, under oath, stated the following facts:
1. The propsed severance is in an "RR" zone,
Village of Nev:tonville, Cnt,rio;
2. The requested severance is for a centre lot
and is shown outlined in "red" on the referenced
sketch.. There are frame sheds situate on the
property.
Application adjourned to enable the Committee to inspect the
property.
CLASS IFI,C_.TI:N "RR"
Application Pile "B1143-73 Lesley A. Starke and Owners,
Mary o ;tarke,
R.R. Orcno, Ontario,
for part of Lot 14 & 159
Concession 3,
Township of Clarke,
Submission 1131148-73-48
Application was made for exemption or partial exemption from
provision of the Planning ict to permit the separation of
approximately 20 acres from the applicant's land.
The Secretary -Treasurer retorted that 17 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Rules of Procedure.
Mr. and Mrs. Wesley A. Starke, applicants, appeared in
support of this application. No othef person appeared in support
of, cc in opposition to this application.
The Secretary -Treasurer presented the following material
to the meeting:
1. Correspondence from"U.n. Starke", dated Au-ust 24,
1973 - "The purpose of the enclosed apr.licotion for
severance is to rive the applicant an opportunity to
retire after 45 yeas in the labor mill. The farm in
its present st-te is too much for me to handle, both
financially and physically.
Fage 19,
Meeting Committee of Adjustment September 1.0, 1973:
"Our plan on separation is to build a modern home
and small : -rn that wo>;ld be more adaptable for an
older person o✓ith a grown family, also to allow the
raising of stock etc., on a scale in keeping %,.-ith
my ability and Nhysical condition. As time is not on
my side any consideration to expedite this request
would be deeply appreciated. sgd. "`.1'. Starke"
Mr. and I-;rs. ..1+. Starke, under oath, st-ted the following
facts:
1. They have owned the farm of approximately 114
acres since 1963;
2. They have carried on a beef raising operat9.on
for a.proxim'tely 10 years;
3. The approximate income from the farming operation
is from $6,000.00 to $8,000.00 per year;
4. They carry on the farming operation themselves
and now wish to sever approximately 20 acres
as a retirement home and the continuance of
a smaller farming unit; the remaining 93 acres
they wish to sell;
5. Nr. and Mrs. Starke, indicated on an ink sketch
the proposed severance and the land remaining;
Application adjourned to enablethe Committee to inspect the
prol_erty.
CLAS SIPIC :TIUN 10 "A1°
Application File 1151-73
Ted Barnoski and Owners,
Joe Barnoski
R.R. 41 Newtonville, O;t.ric,
for part of Lot ll -12
Concession 4,
Township of Clarke,
-submission No. "i3"51-73-51
- Application was made for exemn-tion or partial exemption from
provisions of the Planning -.ct to permit the separation of
approximately 5 acres from the applicant's land.
The Secretary-Treasurerreported that 16 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Pules of Procedure.
i.r. Joseph Barnoski, applicant, ap,e.,red in support of
this application. No other person appe-red in support of,
or in opposition to this application.
Mr. J. Barnoski, under oath, stated the following facts:
1. lie h..s been a tobacco f_,.rmer for 16 years;
Chairman E.R. Lovekin B.A. LL.B., reviewed the following facts
with 1,r. Barnoski:
Ihen did you first commence tobacco operations;
"h" rpproxim-tely in December of 1958
4
"Q'I Did you hold tobacco rights under The Ontario Flu
Cured Tobacco 1%arketing Board;
"L" Yes, 60 acres;
I,ir. Barnoski then stated that he is "phasingout out" of the farm-
ing operation and will ba completely out by the end of April,
1974. He is, therefore, in effect selling 45 acres_ to his son
and keeping 5 acres.
Following further discussion, Mr. Barnoski presented the
following material to the meeting:
Page 20
Meeting Ccmmittee of.djustment September 10, 1973:
1. A certified Plan of Survey, dated September 4,
1973, file 73206 (Plan TOR) prepared by Verrill
D. Brom Limited, Land Surveying and Engineering,
121 queen St. Bowmanville, Cntario, on which
is outlined in "black" an area of 5.00 acres;
Mr. Barnoski indicated on the Plan of Survey that he wishes
the 5.00 acre parcel severed.
The Committee perused the Plan of Survey and indicated to
Mr. Barnoski that if consent is giver: to this severance they
would require a restrictive clause be contained in the deed.
Mr. Enrnoski replied that he did not wish a restrictive clause
to be in the deed. There being no further discussion this
application adjourned to enable the Committee to inspect the
property.
CLXSSIl!CAT=CN 10 "A''
Application File No. "B"50-73
Patricia L. ?leeks, Owner,
49 Tournament Drive,
Willowdale Ontario,
Roy A. Foster, Agent,
Kendal P.O. Cntorio,
for part of Lots 13-141
Concession 8,
Township of Clarke,
Submission No. "B"50-73
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of
approximately 40 acres from the applicant's land.
The Secretary—Tre-surer reported that 16 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Rules of Procedure.
Mr. Roy A. Foster, agent for the applicant appeared in
support of this application. No other person appeared insupport
of or in opposition to this application.
The Following material was presented to the meeting:
1. Plan TOR 41289 dated and regis`ered February
91 1973, prepared by Merrill D. Brown Limited,
Land Surveying & Engineering, 121 Queen St.
Bowmanvi.11e, Cntrrlo, File 72108, dated January
4, 1973:
Mr. Roy Foster, under oath, indicated on the Plan
"part 4" with an area of 80.018 acres. The severance
is for an area of 40 acres from this parcel, leaving
of 40.018 acres. Cdr. Foster also stated that this
not good form land being rolling and hilly. The land
the applicant was purchrsed 3 months ago.
of Survey
requested
remainder
land is
owned by
Application adjourned to enable the Committee to inspect the
property.
CL.`.SSIFIC,".TION 10 "A"
Page,21
Meeting Committee of Adjustment September 10, 1973:
The Committee having heard all oral repre=tat�.ons from the
applicants and their agents, the meeting was adjourned at 1:00 a.m.
on motion by K. Schoenm�ker and seconded by E.F.R. Csborne, to
be re -convened at 6:00 p.m. on Tuesday, September 11, 1973,
�.:�ecretary—T rea.surer _
1°i Ti11C C,F THE
COM1,1ITTEE C_ :,._)Jv "Ti:F.NT
Tuesday, September 11, 1973 at 8:00 p.m.
Council Chamber,
Crcn7., Cnt ric.
Present: E.R Lovekiri E.A. LL.D., Chairman,
K. 5choer:maker kember,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secret=ry-Treasurer
The meeting of the Committee of i'.djustment re -convened on
Tuesday, September 11, 1973. The fcllouing applications were
brought forward and the oral representations on same as submitted
at the m eting held on Monday, September 10, 1973 were duly reviewed
and recorded.
Application File "3"52-73
Reginald George Wesley Elliott
Owner,
W. Kay Lycett :.C., gent,
Orono, Ont,.rio,
for part of Lot 11, Con 8,
Township of Clar'.e,
Submission "n"52-73-52
Application wes made for exemption or partial exemption from
pro-,risions of the Planning Act to permit the separation of
approximately 4 acres from the aj;plicant's l.rid.
The Secretary -Treasurer reported that 20 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Rules of Procedure.
Mr. R.G.V% Elliott, applicant, acco;p�7nied by his agent
W. Kay Lycett ,.C., Barrister & Sel;_citor app,e-red in sur.,:c,rt
Of this application. No other person rppeared in supiort of,
or in opposition to this applicati_:n.
The Secret=ry-Treasurer present•._d the following material
to the meeting:
1. Correspondence from W.A. Fray Lycett O.C.,
Barrister < Solicitor, Crone, i'ntario, d=tc-,,d
August 27, 1973: " I am enclosing an application on behalf
of our client above named for severance of 4 acres
parcel from lands registered in his n -me lying at the
southwest corner of Lot 11 in Concession Eight of
the To:•unship of Clarke. In the year 1971 P•:r. Elliott
Sr. allor•;ed his son Harlin.] George Elliott to erect
a house upc;n the subject lands in this application
but no conveyance was ever made of any part of his
holding to his son and therefore the house built
by the son still remains registered in the name of