HomeMy WebLinkAbout10/09/1973MEETING OF THE
COMMITTEE OF ADJUSTMENT
Tuesday, October 9, 1973 at 7:00 p.m.
Present: E.R. Lovekin B.A.
K. Schoenmaker,
E.F.R. Osborne,
Mrs. Ellen M. Yeo,
Council Chamber,
Orono, Ontario.
LL.B., Chairman,
Member,
Member,
Secretary -Treasurer
The minutes of meetings September 10, September 11,September 29,
September 25, 1973 were approved on motion by K. Schoenmaker,
seconded by E.F.R. Osborne. Carried.
Application File "B"43-73
Application File "A"25-73
Charles W. Smith, Owner,
Cor. Simpson & Perry Sts.,
Hampton, Ontario,
Miss Gladys Roy, Agent,
Barrister & Solicitor,
Bowmanville, Ontario,
for part of Lot 23 & 247
Con 6, Township of Clarke,
Submission "B" 43-73-43
Submission "A"25-73-25
As business arising from former minutes, these applications
were presented for further consideration.
W. Kay Lycett Q.C., agent for W.A. Tomlinson appeared in
support of these applications. No other person appeared in
support of, or in opposition to these applications. Mr. Ernest
Bryson, an abutting owner, appeared as an observer.
The following material was presented to the meeting:.
1. Correspondence from Ministry of Transportation
and Communications, Operational Planning
Services Office, 1201 Wilson Avenue, Downsview,
Ontario, M3M IJ8, dated October 3, 1973.
The Committee duly noted the contents thereof;
As a matter of record the whole Committee inspected the
property on Saturday, September 29, 1973. Mr. William Tomlinson
accompanied the Committee to the property and the following
facts were noted:
1. Mr. Wm. Tomlinson proposes to sell 46.712
acres to Charles W.. Smith, under an Agreement
for Sale and is retaining approximately 100
acres. The 46.712 parcel is held under a separate
deed, but has melded;
2. The entrance is off Highway 115/35 with an existing
culvert and gate;
3. There were some objections to this severance. The
objectors commented that they would have no
objection to a single family dwelling, but would,
in fact, oppose other development.
The Committee were of the opinion that the granting of the
severance and a minor variance in frontage would not, of course,
change the zoning which is "Agricultural". If a zoning change
was proposed by the proposed purchaser, there would be a hearing
in this regard and any objection to the zoning would be in order
at that time. The Planning Board would not re -zone without
a public hearing.
Page 2
Meeting Committee of Adjustment, October 9, 1973:
Mr. Ernest Bryson, an abutting owner, was then asked if he had
any specific objection to these applications and he replied
that he had appeared at the meeting only for information and
although he had no specific objection to these applications,
he wished to be advised of any change in the zoning of the
land concerned.
The Committee assured Mr. Bryson
be notified of any change in the
in these applications by virtue
Act.
that as an abutting owner he would
zoning of the land concerned
of the Provisions of the Planning
The Committee then referred to the minutes of meeting held
on September 11, 1973, perused the Plan of Survey presented
at that meeting and the following decisions were made:
Application "B"43-73-43 for a severance of 46.712 acres
granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne,
Carried.
CLASSIFICATION 10 "A"
Application "A" 25-73-25 for a minor variance from the required
330' to a frontage of 271.541, Appendix 1, sub. sec. (1) "a"
amending by-law 1653 granted on motion by K. Schoenmaker,
seconded by E.F.R. Osborne, subject to the following conditions:
1. TAKE WARNING that this decision for minor variance
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 Planning Act of the Province of Ontario;
THIS TIME FOR APPEAL IS 21 DAYS FROM 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 applicant 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 10 "A"
Appendix 1, sub. sec. (1) "a"
CARRIED
. . . . . . . . . .
Page 3
Meeting Committee of Adjustment, October 9, 1973:
Application File No. "B"44-73
Prairie Automobile Transport,Owner,
Limited, Sawmac Farms, R.R.N.,
Orono, Ontario,
Peter Z. Magda Esq., 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 '
As business arising from the minutes of meeting September
10, 1973 this application was brought forward for further
consideration.
Peter Z. Magda, Barrister & Solicitor, Oshawa, Ontario,
on behalf of the applicant, appeared in support of this application.
No other person appeared in support of, or in opposition to this
application.
As a matter of record the whole Committee inspected the
property on Tuesday, October 9, 1973 and the following facts
were noted;
1. The exact boundaries of the lot were not determined.
The general location was evident and a great deal
of the property is low lying land and in parts
quite swampy;
2. Access is from a well travelled Township Road in
good condition;
3. There would be no particular reason why this severance
should not be granted;
Mr. Magda was reminded that he was still under oath
and he presented the following material to the meeting:.
1. A certified Plan of Survey, prepared by H. Flim,
OLS., dated October 2, 1973 annotated " I require
this plan to be deposited under part 2 of the
Registry Act, Date October 2n4 1973 (sgd.) "H. Flim"
The Committee perused the Plan of Survey and noted that
"Part 1" showing an area of 40.014 acres is the property to
be severed.
Mr. Magda indicated on the Plan of Survey a swampy area
in the North East corner and a steep bank to the North West
in conjunction with a stream. Mr. Magda also indicated two
possible entrances on the East side of the property where
he stated that one would require a small amount of grading and
another that presented no grading problem, the line of vision
to passing traffic would be satisfactory to proposed interests.
The Committee reviewed the minutes of meeting September
10, 1973 and following further discussion the application
for severance of an area of 40.014 acres was granted on motion
by E.F.R. Osborne, seconded by K. Schoenmaker. Carried.
CLASSIFICATION 10 "A"
Page 4
Meeting Committee of Adjustment, October 9, 1973:
Application File "B"47-73 Peter Glasbergen, Owner,
R.R. 41 Newtonville, Ontario,
Mr. Stan Gujda, Agent,
1519 Park Road South,
Oshawa, Ontario,
for part of Lot 10, Con 1,
Township of Clarke, .
Submission No. "B"47-73-47
As business arising from the minutes of meeting September
10, 1973, this application was presented for further consideration.
Mr. Stan Gujda, as agent and proposed purchaser, accompanied
by Joel R. Palter Esq., Barrister & Solicitor, Oshawa, Ontario,
appeared in support of this application. No other person appeared
in support of, or in opposition to this application.
As a matter of record the whole Committee inspected the
property on Saturday, September 29, 1973 and the following facts
were noted:
1. In viewing the property the Committee were aware of
the fact that a few days ago the Council of the
Corporation of the Township of Clarke passed their
Official Plan which encourages development in the
Hamlets;
2. The applicant lives in the Hamlet of Newtonville
and owned originally about 5 acres from which he
sold some lots before control was imposed;
3. He now owns about 31� acres which he wishes to
sever into 3 building lots;
4. The property is on a very high piece of ground
in the north west quadrant of the Hamlet of
Newtonville and looks out to the south towards
Lake Ontario, well elevated over and back from
Highway 42;
5. The proposed lots face on a road that runs into the
centre of the Hamlet, where it joins in a "V" with
Highway 42, in the Centre of Newtonville;
6. The land is well suitedto "residential development",
the view to the west and the north as well as the
south being outstanding;
7. Drainage is excellent;
The following material was presented to the meeting:
1. Lot Inspection Application dated September 5, 1973
from Haliburton, Kawartha, Pine Ridge District
Health Unit, Cobourg, Ontario, signed by Technician
"R. MacNaull" and District Supervisor "Henry Rood"
2. A Plan of Survey, prepared by Merrill D. Brown
Limited, OLS., Bowmanville, Ontario, dated October
9, 1973, file 73195 - A;
The Committee perused the Plan of Survey and Joel R. Palter Esq.,
Solicitor,and Mr. Stan Gujda agent indicated on the Plan of Survey
"Part 2" to be the lot they wished severed. Mr. Gujda was permitted
to amend the area from 1.2 acres requested to 1.184 acres as shown
by the Plan of Survey. These changes on the application form
were initialled by Mr. Gujda.
Page 5,
Meeting Committee of Adjustment, October 9, 1973:
The Committee drew to Mr. Palter's attention the fact
that the frontage on the north-west lot facing on the
north road had a frontage of 117' rather than the required
1501. Mr. Palter replied that there was frontage on the
road to the west of 4251. Under these circumstances he
felt that the lot had adequate frontage.
The Committee are of the opinion that if, for technical
reasons, a formal minor variance was required that they
Would be prepared to grant such a variance upon application.
The Committee reviewed the minutes of meeting September 10,
1973 and following further discussion the application
for severance of 1.184 acres in an "RR" zone was granted
on motion by E.F.R. Osborne, seconded by K. Schoenmaker,
Carried.
CLASSIFICATION "RR"
File "B"42-73 Charles Melville Jones,Owner,
10 Duke St.,
Bowmanville, Ontario,
Swartz & Swartz, Agent,
Barristers & Solicitors,
22 King St. W.,
Oshawa, Ontario,
for part of Lot 81
Con 1, Township of Clarke,
Submission No. "B"42-73-42
As business arising from minutes of meeting September 10,
1973, this matter was brought forward for further consideration.
Mr. Charles M. Jones, applicant, accompanied by his
solicitor Joel R. Palter, B.A. LL.B., Barrister & Solicitor,
Messrs. Swartz & Swartz, Oshawa, Ontario, appeared in support
of this application. No other person appeared in support of, or
in opposition to this application.
As a matter of record the whole Committee inspected the
property on Saturday, September 29, 1973.
The Committee accompanied by Mr. Jones walked over the
ground and the following facts were noted:
1. The new Official Plan recently passed by the Township
of Clarke encouraged development around existing
Hamlets and the subject land falls squarely into
that general category;
2. The subject land is located in the south-east
quadrant of the Hamlet of Newtonville, south of
Highway #2 and north of Highway #401, the two
highways being about h mile apart at this point;;
3. The land is very level and the existing houses
are of a very high quality with very picturesque
landscaping;
4. The undersized lot being created is an excellent lot
and has natural boundaries of a road on the north;
the properties to the south and fenceline with
trees etc. to the east;
Page 6,
Meeting Committee of Adjustment, October 9, 1973:
The Committee reviewed the minutes of the meeting
September 10, 1973; discussed the inspection report with
Mr. Palter and Mr. Jones; perused the Plan of Survey as
presented at the last meeting and discussed the possibility
that the one remaining lot might be undersize.
The Committee were of the opinion that Mr. Jones should
be.aware of this fact in the event that he may wish to sell
at some future date, and an application for a Minor Variance
would then be required.
Mr. Jones was reminded that he was still under oath and
he indicated that the lot as roughly shown on the referenced
Plan of Survey is the one he will retain. He has no intention
of selling this lot at the present time.
Application for severance of 61.17 acres granted on motion
by E.F.R. Osborne, seconded by K. Schoenmaker. Carried.
CLASSIFICATION "RR"
Application File "B"39-73
Sidney Hallowell, Owner,
R.R. #1, Orono Ontario,
Agnes Prosek, Agent and Proposed
General Delivery, Purchaser,
Newtonville, Ontario,
for part of Lot 13, Con 47
Township of Clarke,
Submission No. "B"39-73-39
As business arising from the minutes of meeting.September
109 19732 this application was brought forward for further
consideration.
Mr. Sidney Hallowell, applicant, accompaned by the proposed
purchaser and agent Mrs. Agnes Prosek appeared in support of
this application. No other person appeared in support of or
in opposition to this application. Mr. Merrill Brown OLS.,
Bowmanville, Ontario, also appeared.
E.R. Lovekin B.A. LL.B., Chairman, disqualified himself
from the hearing of this application, having previous knowledge
of this matter and Mr. K. Schoenmaker, senior member, conducted
the hearing on this case.
As a matter of record the Committee inspected the property
on Saturday, September 29, 1973.
The following facts were noted:
1. There was no one home and a neighbour Miss Addie
Millson and her Nephew indicated where the land
was located;
2. Fall wheat had been sown on part of the land;
3. The road fronting on the concession road between
Concession 3 and Concession 4 had been fall plowed
in preparation for spring planting;
4. No culvert was observed giving access to the concession
road; normal access to the land probably being in
past the existing farm building;
5. There would be no problem in constructing a proper
entrance, the visibility being good and there is no
grade s?parations.
Page 7
Meeting Committee of Adjustment, October 9, 1973:
Mr. Hallowell was reminded that he was still under oath.
He then presented a Plan of Survey, prepared by Merrill D.
Brown, Limited, 121 Queen Street, Bowmanville, Ontario, dated
October 9, 1973, file 73260 and stated that the Plan of Survey
indicated the outlines of his proposed severance to Mrs.
Agnes Prosek.
The Committee reviewed the minutes of September 10, 1973
and following further discussion the application for severance
of 55.49 acres was granted on motion by E.F.R. Osborne,
seconded by K. Schoenmaker. Carried.
CLASSIFICATION 10 "A"
Application File No. "B1150-73
Patricia L. Weeks, Owner,
49 Tournament Drive,
Willowdale Ontario,
Roy A. Foster, Agent,
Kendal P.O. Ontario,
for part of Lots 13-14,
Concession 8,
Township of Clarke,
Submission No. "B"50-73-50
As business arising from the minutes of meeting September 10,
1973, this application was brought forward for further consideration.
Mr. Roy A. Foster, agent for the applicant, appeared in
support of this application. No other person appeared in support
of, or in opposition to this application.
As a matter of record the whole Committee inspected the
property and the following facts were noted:
1. The applicant is retaining 40 acres and wishes to
sell 40 acres;
2. The Committee have, in the past, taken the position
that the 40 acre rule is semi-automatic, much as
the 10 acre rule was automatic, under previous
Legislation. Where being no reason why this
application should be treated any differently than
similar applications have been treated in the
past the Secretary -Treasurer was instructed to
request a Plan of Survey.
Mr. Foster, under oath, presented the following material to
the meeting:
1. A certified Plan of Survey, prepared by M.D. Brown OLS.,
Bowmanville, Ontario, dated October 4, ,1973, file
72108;
Mr. Foster indicated "part 5" on the Plan of Survey to be
the parcel to be severed.
The Committee reviewed the minutes of meeting September 10,
1973 and following further discussion the application for a
severance of 40.004 acres (part 5) was granted on motion by
K. Schoenmaker, seconded by E.F.R. Osborne. Carried.
CLASSIFICATION 10 "A"
Page 8
Meeting Committee of Adjustment, October 9, 1973:
Application File "B"16-73
Edith May Gordon, Owner,
Box 172 Orono Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 17, Con 6,
Township of Clarke,
Submission No. "B"16-73-16
As business arising from former minutes this application
was brought forward for further consideration.
Mrs. Edith May Gordon, applicant, accompanied by her
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.
Mrs. E.M. Gordon, under oath, presented the following
material to the meeting:
1. A proposed RD Plan, that will be registered,
prepared by Merrill D. Brown Limited, Land Survey-
ing & Engineering, 121 Queen Street, Bowmanville,
Ontario, dated October 6, 1973, File #73143-B;
The Committee perused the Plan of Survey and Mrs. Gordon
indicated thereon the area of 1.03 acres Ehe wished to sever and retain.
The Committee then reviewed the minutes of meetings of
April 24, June 11, July 23, and particularly noted that at the
meeting held on June 11, 1973 Mrs. Gordon and her son John Gordon
verbally accepted the condition that a restrictive clause will
be required in the deed.
Application for severance of 1.03 acres granted on motion
by K. Schoenmaker, seconded by E.F.R. Osborne, subject to the
following condition:
1. That the following clause shall be included in the
deed to the 1.03 acre parcel retained by the
applicant Edith May Gordon: "SUBJECT 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 animmediate member of the "Gordon" family for
a period of five (5) years from the date upon which
the decision of the Committee of Adjustment 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.
CLASSIFICATION 10 "A"
Append 1 (j)
Page 9
Meeting Committee of Adjustment, October 9, 1973:
Application "B"38-73 Newcastle Mushroom Farms Ltd.,Owner,
R.R. #3 Newcastle, Ontario,
Louis Bellefontaine, Agent,
P.O. Box 406 Newcastle, Ontario,
Lot 24, Broken Front, Twp Clarke.
As business arising from past minutes this application was
brought forward for further consideration.
Mr. and Mrs. Louis Bellefontaine appeared in support of this
application. No other person appeared in support of, or in
opposition to this application.
As a matter of record the whole Committee inspected the property
on Saturday, September 29, 1973 and spoke to Mr. Louis Bellefontaine,
the man actually controlling the operation. Mr. Bellefontaine
stated that the property is owned through the Corporate entity,
his brother-in-law and himself operating as "Newcastle Mushroom
Farm".
The land was originally owned by one Vince Austin, (Paul Riley's
father-in-law), Paul Riley and Charles Riley. It was then taken
over by Louis Bellefontaine and Charles Riley. These men then
operated as "Newcastle Mushroom Farms Limited". Mr. Louis
Bellefontaine is now taking control of the business and wishes to
live on the property to be available for the necessary care and
attendance required to conduct the mushroom business;
There presently is no house on the 'property of 9.7 acres. The
Committee toured the mushroom growing facility and was thoroughly
satisfied that this is a bona fide farming operation conducted by
a group of related persons. The Committee were also satisfied that
the site of the proposed residence was satisfactory from a planning
viewpoint, there being no negative considerations.
The Committee wish to stress that this is not a "Hobby" or "Part
Time,, operation. The plant was of the most modern and scientific
type and it is clearly an agricultural business against which the
Industrial Development Bank have seen fit to advance considerable
funds.
The Committee explained to the applicant that the only jurisdiction
the Committee would have would be to grant a one acre lot to
"Mr. Charles Riley" as a "farmer retaining a lot" on the sale of
his part of the farm. The Committee also stated that it is
Committee policy to require a restrictive clause be inserted in
the deed that the land severed cannot be sold by the farmer for
a period of 5 years the sole exception in such cases is a sale to
a blood relative. Specifically, in this case, the lot may be sold
to Louis Bellefontaine or to Louis Bellefontaine and his wife as
joint tenants, at their option.
While the intervening corporate entity somewhat complicates
matters herein for the reasons stated, the Committee feel they
would not be violating the principles of the Planning Act, the
Official Plan recently passed in Clarke Township, or any other
relevant Planning Guideline, if they granted this application.
The Secretary -Treasurer presented the following material to the
meeting:
1. Haliburton, Kawartha, Pine Ridge District Health Unit report -
signed "R. MacNaull" dated August 29, 1973;
Page 10,
Meeting Committee of Adjustment, October 9, 1973.
Mr. and Mrs. Bellefontaine appeared before the Committee and
Mr. Bellefontaine was reminded that he was still under oath.
The Committee requested Mr. Bellefontaine to confirm that
Mr. Charles Riley and himself, in effect, are the joint owners
of the stock in the business and joint owners in the Corporation
which controls the land and Mr. Riley is selling his stock interest
in the lands and.will no longer be associated in the agricultural
operation of producing mushrooms. Mr. Bellefontaine confirmed
these facts to be true.
The Committee perused a photostat copy of a Plan of Survey,
signed "Charles F. Riley P.Bng. OLS., Newcastle, Ontario,
dated June 1, 1971 annotated "Revised Sept 11, 1973 (sketch only)"
"revised to show building ties Oct 1, 1972". Mr. Bellefontaine
indicated on this sketch the lot to be severed.
Following further discussion the Committee indicated that they
would require a restrictive clause to be contained in the deed
that the lot retained will be held in the name of any one or more
of the joint owners.
The Secretary was instructed to request a proper Plan of Survey
be submitted and this application was adjourned awaiting the
requested material.
CLASSIFICATION 10 "A"
Application "A"23-73 Wilbert K. Jones, Owner,
R.R. #2, Taunton Road,
Orono, Ontario,
for part of Lot 35, Con 5,
Township of Clarke,
Submission No. "A"23-73-23
As business arising from minutes of meeting September 11,
1973, this application was brought forward for furthmx consideration.
Mr. Wilbert K. Jones, applicant, appeared in support of
this application. No other person appeared in support of, or
in opposition to this application.
As a matter of record the whole Committee inspected this
property on Saturday, September 29, 1973 and the following facts
were noted:
1. This building was formerly the rural Clarke
Union Schoolhouse;
2. Mr. Wilbert K. Jones discussed the proposed plans
for an addition to the existing building. The
rear yard clearance will be the same as it was
before; but the "shed" at the rear of the old school
will be torn down and be replaced by a habitable
addition to the main dwelling. The addition will
project slightly to the east to accommodate a
window, this window will give a clear view of the
verandah and the easterly entrance to the building.
This presents no sideyard problem as the old school
yard is on the east side of the building and the
sideyard is, therefore, 200' or more.
Mr. W. Jones appeared before the Committee and was reminded that
he was still under oath.
Mr. Jones presented the following material:
1. A photostat sketch outlining the rooms to be
contained in the proposed addition;
2. The size of the addition will be approximately
20' x 40';
Page 11,
Meeting Committee of Adjustment, October 9, 1973.
The Committee perused the sketch and Mr. Jones indicated that the
addition as reconstructed will not be beyond the southern most
limit of the existing attached wood and storage shed.
Application for permission for a variance of 21' from rear yard
requirement of 35' to a rear yard of 14' granted on motion by
K. Schoenmaker, seconded by E.F.R. Osborne, subject to the
following conditions:
1. The proposed addition not to encroach further
on the rear yard than present wood and storage
shed, which is to be torn down;
2. TAKE WARNING that this decision for minor variance
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 Planning Act of the Province of Ontario;
THIS TIME FOR APPEAL IS 21 DAYS FROM THE DATE that
the minutes of this decision have been mailed to the
Minister of Municipal Affairs of the Province of
Ontario;
3. This decision should not be registered on title
until the said time for appeal has lapsed when
the applicant 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;
4. 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
decisions.
CARRIED
CLASSIFICATION 10 "A"
Append 1 "E"
Application File "B"45-73 Victor Schneider, Owner,
R.R. #3 Newcastle, Ontario,
Richard Bates, Agent,
R.R. #3, Newcastle, Ontario,
for part of Lot 19, Con 1,
Township of Clarke,
Submission "B"45-73-45
As business arising from minutes of meeting September 10,
1973 this application was brought forward for further consideration.
Mr. and Mrs. Richard Bates appeared in support of this
application. No other person appeared in support of, or in
opposition to this application.
As a matter of record the whole Committee inspected the
property on Saturday, September 29, 1973 and the following
facts were noted:
1. Mr. Victor Schneider, the applicant, was absent in
the Town of Stouffville at the week -end farmer's
market;
2. A teen age daughter indicated to the Committee the
area where they would like to sever and build a
house thereon;
3. No other information was available.
Page 12
Meeting Committee of Adjustment October 9, 1973:
Mr. and Mrs. Richard Bates (nee Schneider) appeared before
the Committee. Mr. Bates was reminded that he was under oath
and Mrs. Bates was then sworn.
The following facts were presented:
1. Although Mr. Bates is an employee of the Ontario
Provincial Police, he spends considerable time
assisting on the farm. He wishes to continue,
but finds the travelling from Oshawa to the farm
very time consuming;
2. Mrs. Victoria Bates, under oath stated: she is
the daughter of the applicant, Victor Schneider.
Although there are other members of the family,
she and her husband Richard Bates are the only
ones interested enough in the farming operation
to travel back and forth to assist her father.
She lived on the farm 16 years before she married.
She is intensely interested in the farming operation
and wants to stay on the farm, and would continue
raising "Galloway" beef cattle and would also have
horses etc. Her father Victor Scheider is 63 years
of age and he has owned the farm approximately 20
years. Since there is no "farm help" available,
it would simplify matters to be able to live on the
farm and this application is for permission to sever
approximately 1 acre for a home.
Mrs. Bates was asked whether they would agree for her father
to take over the house and lot on his retirement and she and her
husband to take over the farm. She agreed that this was a definite
possibility.
3. The Committee indicated that they would require a
restrictive clause be contained in the deed and
Mr. and Mrs. Bates verbally indicated that they would
have no objection.
The Committee also advised Mr. and Mrs. Bates that this
application will exhaust his "farmer retaining a lot" provision
under Section Appendix 1, sub sec. 1 (j) "Farmer Retaining Lot"
amending by-law 1653.
The Secretary was instructed to send a copy of these minutes
to the applicant, Mr. Victor Schneider for his information, and
this application was adjourned awaiting receipt of a proper Plan
of Survey.
CLASSIFICATION 10 "A"
Append 1, sub sec. 1 (j)
Application File "B"52-73 Reginald George Wesley Elliott,
W. Kay Lycett Q.C., Agent, Owner,
Orono, Ontario,
for part of Lot 11, Con 8,
Township of Clarke,
Submission "B"52-73-52
As business arising from minutes of September 11, 1973
meeting, this application was brought forward for further consideration.
Mr. R.G.W. Elliott, applicant, accompanied by his agent,
W. Kay Lycett Q.C., Barrister & Solicitor, appeared in support
of this application. No other person appeared in support of, or
in opposition to this application.
Page 13,
Meeting Committee of Adjustment October 9, 1973:
As a matter of record the whole Committee inspected the
property on Saturday, September 29, 1973 and the following facts
were noted:
1. The Committee were unable to see any natural line of
division and were, therefore, unable to understand why the fence
has been erected where it is;
2. The house was built on 188 acres and, of course, a
building permit was automatic;
3. The applicant was aware, when the house was constructed,
that the required lot size was 40 acres in the area;
4. If, by building a house first and then applying for a
reduced lot size later, and the by-law can be avoided, the
Committee question "is such a practice not against the spirit and
intent of the by-law and is it a practice to be avoided?
5. If there are special or other considerations of which
the Committee is unaware they would be pleased to hear further
representations from the applicant.
Mr. R.G.W. Elliott appeared before the Committee and was reminded
that he was still under oath. The Committee reviewed their
inspection report with Mr. Elliott and his solicitor W. Kay Lycett
Q.C. Following further discussion Mr. Elliott stated the
following facts:
1. He was born in the Township of Clarke and raised
on the family farm;
2. He ceased large scale farming operations in 1969;
3. The lands in Lot 11, Concession 8 are the sole
agricultural lands now owned by him;
4. No lot was retained by him when his farming
operations were sold in 1969;
5. He is in his 60th year; he does not live on the
farm; he now lives in the Hamlet of Kendal;
6. He is of the opinion that this application for
severance of 4 acres would be qualified under
"Appendix 1, (1) farmer retaining lot".
The Secretary was instructed to request the applicant to submit
a proper Plan of Survey prepared by an Ontario Land Surveyor,
it being understood that this application will exhaust his "farmer
retaining a lot" provision and that the usual condition regarding
the land remaining in the family name for a period of 5 years will
apply.
Application adjourned awaiting the required material.
CLASSIFICATION 10 "A"
Append. 1 (1)
Application Nile "B"48-73
Wesley A. Starke, and
Mary E. Starke, Owners,
R.R. Orono Ontario,
for part of Lot 14 & 15, Con 3,
Township of Clarke,
Submission "B"48-73-48
As business arising from minutes of meeting September 10,
1973 this application was brought forward for further discussion.
Mr. and Mrs. Wesley A. Starke, applicants,appeared in
support of this application. No other person appeared in support
of, or in opposition to this application.
As a matter of record the Committee inspected a property
they believed to be the farm owned by Mr. and Mrs. Starke, however,
during the discussion regarding this application, the Committee
were advised by Mr. and Mrs. Starke that they had inadvertently
inspected the wrong property. Whereupon the Committee perused
once more the sketch included with the application and this matter
was adjourned to enable the Committee to inspect the property.
CLASSIFICATION 10 "A"
Page 14
Meeting Committee of Adjustment October 9, 1973:
Application File "B"36-73 Robert C. Kent, Owner,
R.R. 42, Newcastle, Ontario,
for part of Lot 32, Con 2,
Township of Clarke,
Submission "B"36-73-36
As business arising from minutes of meeting September 10,
1973, this application was brought forward for furtherconsideration.
Mr. Robert G. Kent, applicant, appeared in support of this
application. No other person appeared in support of, or in
opposition to this application. The following persons also
appeared: Mr. and Mrs. Benson, R.R. 42 Newcastle, Ontario;
Mrs. Jack Boynton, R.R. #2 Newcastle, Ontario.
As a matter of record the whole Committee inspected the
property on Saturday, September 29, 1973.
Mr. Robert Kent, the applicant, discussed his application
with the Committee.
The Committee intimated to the applicant that the basis on
which this application, as proposed, would be dealt with under
Section "Appendix 1 (j) Farmer Retaining Lot" from the sale of the
farm to his son.
The Secretary -Treasurer presented the following material
to the meeting:
1. Haliburton, Kawartha, Pine Ridge District Health
Unit, Cobourg, Ontario, dated August 27, 19739
signed "R. MacNaull";
Mr. Robert C. Kent appeared before the Committee and was
reminded that he was still under oath.
The Committee reviewed the application and it was explained
to Mr. Kent that to qualify under section Appendix 1 (j) "farmer
retaining lot", he would be required to sell his farm. Mr. Kent
replied that he did not wish to sell his farm immediately but
he intended to transfer the farm to his sons who are now working
the farm with him, at a future date.
The Committee pointed out that Mr. Kent could amend his
application for a severance of a 40 acre parcel. This would be
a different type of application from the "farmer retaining a lot
from the sale of his farm" provision.
The reason that the Committee pointed out this possibility
was that when the Committee visited the property, Mr. Kent
indicated that he did not wish to transfer the ownership of the
farm to his sons before the end of 1973 and, of course, the
Committee will no longer be functioning in a land severance role
in 1974 and the matter could not, therefore, be fully completed
by them. Application could, of course, be made to the new
Regional Land Division Committee in 1974.
Mr. Kent stated that he owned a parcel of land of approximately
40 acres which had the railway running through it. There were
approximately 25 acres on one side and 15 acres on the other side.
He suggested that this would make a 40 acre parcel and requested
permission to amend the application to read for a severance from
20 acres to a severance of 40 acres. At the same time a proposal
for a land use called "recreational purposes" was deleted from the
application form. Permission granted and the application form
initialled accordingly.
Page 15
Meeting Committee of Adjustment, October 9, 1973:
Mr. Russel Osborne, Junior Member of the Committee, owned this
land at one time and is, therefore, thoroughly familiar with
the land.
The Committee were of the opinion that they would:
1. Be prepared to grant a severance to Mr. Kent of 40 acres or _
over conveyed and 40 acres or over retained,provided that the
low lying creek bottom land was in one conveyance and the
remainder of arable farmland was held in remainder so that the
arable lands suitable for cropping were still with the existing
buildings;
2. The applicant was to satisfy himself that the 40 acre parcel
to be retained by him would qualify for a building permit.
The Committee would be prepared to consider the 15 acres across
the railway (connected by an agricultural farm crossing) but
the applicant to satisfy himself that a building permit could issue
on a lot so constituted.
Matter adjourned for the applicant to consider his position and
confirm his application details to the Committee at the next meeting
to be held on Monday, November 5, 1973.
CLASSIFICATION 10 "A"
General Business - The Secretary -Treasurer presented the following
material to the meeting:
Memo, dated October 9, 1973 from H.R. Best Clerk - "As per
Council's request at their last regular Council meeting on
October 2nd, 1973 we are enclosing a copy of a letter from
John E. L. Farrow, Municipal Planning Consultant, re: Lumber
Yard and Industrial Zoning for your information.
The Committee noted the contents thereof and this letter was
filed for future reference.
The Committee having heard all oral representations from the
applicants and their agents, and the hour being late, the
meeting was adjourned at 1:00 a.m. to be reconvened at 7:30
p.m. on Wednesday, October 10, 1973 on motion byKSeartraker�
seconded by E.F.R. Osborne. Carried.
Secretary -Treasurer/ Chairman,