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HomeMy WebLinkAbout11/29/1973C Page 5 Meeting Committee of Adjustment, November 12, 1973; 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. CARRIED. CLASSIFICATION append 1 (f) The Committee reported that several applications remain to be finalized upon receipt of Plans of Surveys. The Secretary was instructed.to request Plans of Surveys and to notify the Committee as soon as received.so that a meeting can be arranged to make final decisions on these outstanding applications. Meeting adjourned at 2:30 p.m. Secretary -Treasurer MEETING OF THE COMMITTEE OF ADJUSTMENT Thursday, November 29, 1973 at 7:30 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 November 5; November 6; and November 12, 1973 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. Application File "B"69-73 Glendon & Helen Andrews, Owners, R.R. #1, Kendal, Ontario, for part of Lot 15, Con 6, Township of Clarke, Submission No. "B"69-73-69 As business from the minutes of meeting October 9, 1973, this application was brought forward for further consideration. Mr. 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. Mr. and Mrs. Glendon Andrews, applicants, appeared in support of this application. No other person appeared in Support of; or in opposition to this application. Page 2, Meeting Committee of Adjustment, November 29, 1973; As a matter of record, Mr. K. Shoenmaker and Mr.E.F.R. Osborne inspected the property at 3:00 p.m. on Thursday, October 25, 1973 and the following facts were noted: 1. The applicants purchased the property approximately a month ago. They formerly had a ten acre parcel' which they sold as they wanted a house and barn with approximately 50 acres. They purchased 90 acres and are selling off 40 acres to obtain the required 50 acre parcel; 2. The applicants own a team of oxen, which they use to pull a "covered wagon" in parades. They also have some beef cattle which the Committee observed on the premises; 3. The applicant Glendon Andrews is an employee of Lake Ontario Steel Co. Ltd., (Lasko) Whitby, Ontario, and is what is commonly called a "Hobby Farmer." Fifty (50) acres is all that he feels he can handle on a Hobby Farm basis; 4. Amending by-law 1653 permits severance of a-40 acre lot and the proposed division has adequate frontage; and is regular in shape. On all the facts and in the absence of negative facts or any objections, the Secretary was instructed to request a proper Plan of Survey as deemed appropriate by an Ontario Land Surveyor. Mr. and Mrs. Glendon Andrews appeared before the Committee at the meeting and were reminded that they were still under oath. Mr. G. Andrews presented the following material to the meeting: 1. Plan 1OR Plan of Survey, prepared by Charles F. Riley, OLS., dated August 27, 1973; The Committee perused the Plan of Survey and Mr. and Mrs. Andrews indicated "part 2 area 40.00 acres" to be the lot they wished severed. The Committee reviewed the minutes of meeting October 109 1973; recalled their inspection of the property on October 25, 1973 and on motion by E.F.R. Osborne, seconded by K. Schoenmaker the application for severance of 40.00 acres was granted. CARRIED. CLASSIFICATION 10."A" J Page 3, Meeting Committee of Adjustment, November 29, 1973: Application File "B"73-73-73 Herman Horstman, Owner, Ovens Road, Newtonville, Ontario, W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, for part of Lot 10, Con 1, Township of Clarke, Submission No. "B"73-73-73 As business arising from the minutes of meeting November 51 1973, this application was brought forward for further consideration. W. Kay Lycett Q.C., Barrister,& Solicitor on behalf of the applicant; Mr. Stan Gujda, 1519 Park Rd. South, Oshawa, Ontario, the proposed purchaser accompanied by Mr. Thomas J. Huzar, Realtor, Newcastle, 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 November 11, 1973. No one was -at home. The follow- ing facts were presented: 1. Mr. Horstman owns land south and north of Highway #401 in the Village of Newtonville; of.Highway #2 the west .end of 2. The property fronts on to a north -south road that dead ends at #401 Highway. It is only about 3/4 mile from Highway #2. to Highway #401, at this point;, 3. The Township of Clarke has sent to the Minister a proposed Official Plan. This Plan encourages development around existing Hamlets; 4. Mr. Horstman is retaining a good sized lot and selling the remainder of his land to a builder - developer, who will have to go by way of a Plan of Subdivision; 5. The situation is analogous to a "farmer retaining a lot" in that for a number of years Mr. Horstman grew strawberries for sale; Mr. Stan Gujda was reminded that he was still under oath and the following material was presented to the meeting: 1. Plan 10R, Plan of Survey, prepared by M.D. Brown OLS., Bowmanville, Ontario, dated November 22, 1973 File 73347; The Committee perused the Plan of Survey which revealed the subject land to be severed as having an area of 21.517 acres. Mr. Gujda indicated "part 3" as the lot he is purchasing and W. Kay Lycett Q.C., Barrister & Solicitor, on behalf of his client,amended the application to"area of 21.517 acres area of land remainiftg to 2.002 acres." These amendments were initialled accordingly. Page 4 Meeting Committee of Adjustment, November 29, 1973: Mr. Thomas J. Huzar, Realtor, then appeared before the Committee and stated that Mr. Gudja's Solicitor, Joel R. Palter Esq. of Oshawa, Ontario, had requested him to attend the meeting and to present to the Committee the "Undertaking" with regard to the fence. Mr. Huzar also stated that he had knowledge of this transaction. The Committee perused the material presented and instructed the Secretary to include the agreement in these. minutes. it U N D E R T A K I N G TO "Benjamin Lewis Angi and Betty June Angi Re: Part of Lot 10, Conc. 1, TWp of Clarke In consideration of the sum of $1.00 and other good and valuable consideration, I Stanley Gujda, do hereby undertake that provided consent is granted to Herman B. Horstman and Johanna H. Horstman to sever the above-mentioned lands pursuant to the application to the Committee of Adjustments for the Township of Clarke, said application being made on the 6th day of November, 1973, and provided further that the said Herman B. Horstman and Johanna H. Horstman complete the transaction set out in Agreement of Purchase and Sale dated the 19th day of June, 1973 and sell to me the lands as set out in the said Agreement of Purchase, I will erect or pay for the erection of a standard page wire eight strand fence along the boundary between the lands so conveyed to me pursuant to the said Agreement of Purchase and Sale and the lands owned by the said Benjamin Lewis Angi and Betty June Angi, said boundary being approximately 360.20 feet along and on a bearing north 70' 31' east on the northern boundary of the land so conveyed to me under the said Agreement of Purchase and Sale. DATED at Oshawa, this 27th day of November, 1973. (sgd) "Joel Palter" (sgd) "Stanley Gujda" (SEAL) Mr. Gudja, verbally confirmed his understanding and acceptance of the said agreement and also his signature. W. Kay Lycett Q.C., confirmed that his client will retain "part 1 and part 211;and "part 3" is to be sold. There being no further discussion the Committee referred to the minutes of meeting November 5th; recalled their inspection of the property and on motion by E.F.R. Osborne, seconded by K. Schoenmaker the application for severance of 21.517 acres was granted. CARRIED CLASSIFICATION 10 "A" Append 1 "J" Page 5 Meeting Committee of Adjustment, November 29, 1973: Application "B1149-73 Richard D. Morton, Owner, R.R. #1 Kendal, Ontario, for part of Lot 19, Con 6, Township of Clarke, Submission No. "B"49-73-49 As business arising from the minutes of the meeting held on September ll, 1973, this application was brought forward for further consideration. Mr.Richard D. Morton, 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. The inspection did not reveal any special circumstances that would alter the view taken by the Committee, following oral presentation. The Committee were ofthe opinion that this was a standard 40+severance. still Mr. Morton was reminded that he was/under oath and the following material was presented to the meeting: 1. Plan 10R, Plan of Survey, prepared by M.D. Brown O1S., Bowmanville, Ontario, dated November 9, 1973, File 73288; Mr. Morton stated that the Plan of Survey revealed the area of the subject land to be 61.946 rather than an area of 67 acres as applied for. Permission was granted to amend the application and initialled accordingly. The Committee perused the Plan of Survey and Mr. Morton indicated"Part 1 Area 6L946 acres" to, be the lot he wishes to sever. Following further discussion,. the Committee reviewed the minutes of the meeting held on September 11, 1973, recalled their inspection of the property and the application for severance of 61.946 acres was granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. CARRIED. CLASSIFICATION 10 "A" Page 6 Meeting Committee of Adjustment, November 29, 1973: Application File "B"71-73- Leslie E. Reid, Owner, Box 122 Centre St., Orono, Ontario, Bert Reid, Agent, Box 83, Newtonville, Ont. Submission No. "B"71-73-71 As business arising from the minutes of the meeting held on October 9, 1973, this application was brought forward for further consideration. Mr. Bert Reid, as 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 at 4:30 p.m. on Thursday, October 25, 1973. The Neighbour to the south-west was one Mr. Norman Groot. No person was in or about the property. The inspection did not reveal any special circumstances that would alter the view taken by the Committee,'following oral presentation. Mr. Bert Reid was reminded that he was still under oath and the following material was presented to the meeting: 1. Plan 10R, Plan of Survey, prepared by Charles F. Riley, OLS., Newcastle, Ontario, dated November 27, 1973; The Committee perused the Plan of Survey and Mr. Reid was requested to indicate the "subject land". Mr. Reid stated that his father wished to sever "part 2, area 45.005 acres". The Committee permitted Mr. Reid to amend the application to read Dimensions of land proposed to be severed 45.005 acres with a remainder of 49.765 acres. Following further discussion the Committee reviewed the minutes of the meeting held on October 9, 1973, recalled their inspection of the property on October 25, 1973 and the application for severance of 45.005 acres was granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. CARRIED. CLASSIFICATION 10 "A" V Page 7 Meeting Committee of Adjustment, November 29, 1973: Application File "B"67-73 Harold Ransberry, Owner, R.R. #2, Orono Ontario, for part of Lot 24, Con B. Township of Clarke, Submission No. "B"67-73-67 As business arising from former minutes, this application was presented for further consideration. . Mr. Donald Ransberry, son of the applicant Mr. Harold Ransberry appeared in support of this application.: No other person appeared in support of, or in opposition to this application. Mr. Donald Ransberry was reminded that he was still under oath and the following material was presented to the meeting: 1. Plan 10R, Plan of OLS., Bowmanville, 1973, file 73355;: Survey, prepared by M.D. Brown Ontario, dated November 28, The Committee perused the Plan of Survey and then Mr. Donald Ransberry indicated on the said Plan of Survey the lot to be severed which is shown as "part.l, area 2.00 acres". The Committee reviewed the minutes of their meetings held on October 9; November 5, 1973; recalled their inspection of the property on Thursday, October 25, 1973.at 2:30 p.m. at which time the following facts were noted: 1. The property is located on the West side of Highway #115, just below the intersection of Highways #35 and 4115, where #115 swings to the right to Peterborough and #35 veers to the left to Lindsay; 2. The type and amount of farm machinery on the property, the presence of cattle and a complete barn with silo etc., indicated that a bona fide farming operation was being carried on at this site; 3. The application is for a severance for a lot to a member of the family (a son) who assists with the farming operation; Application for severance of 2.00 acres 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 2.00 acres will nullify the applicant's privilege of retaining another lot from the sale of his farm as provided for under Section Appendix 1, sub sec. 1 (j) "Farmer Retaining Lot" amending by-law 1653; 2. That the following.clause shall be included in the deed to the 2 acre parcel retained by the applicant Harold Ransberry: 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 an immediate member of the "Ransberry" family for a period of five (5) years from the date upon which the decision of the Committee of Adjustment for 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, Sub sec. 1 (i) Page 8 Meeting Committee of Adjustment, November 29, 1973: Application File "B"65-73 Helen Mary Shaver, Owner, R.R. #1, Gormley, Ontario, Adams,Fraser,Smith & Shaver, 200 University Ave., Agent, Toronto, Ontario, for part of Lot 21, Con 4, Township of Clarke, Submission No. "B"65-73-65 As business arising from former minutes this application was brought forward for further discussion. No person appeared in support of, or inopposition to this application. The Secretary -Treasurer reported that during a telephone conversation with John D. ,Maloney Esq., Barrister & Solicitor for the applicant, Mr. Maloney stated that a Plan of Survey was not available at this time, and he also commented on the Form of Agreement regarding the boundary fence between the abutting owners as to whether or not this will be required to be registered on title. Following further discussion by the Committee, Chairman E.R. Lovekin dictated a letter regarding this matter and the Secretary was instructed to correspond with Mr. Maloney, stating in'part "from the point of view of the Committee of Adjustment and not as a solicitor's opinion, I would respectfully point out to you, that it is a condition precedent to the finalization of the severance requested by your client that a suitable arrangement in regard to boundary fences between your client and the abutting owners, Messrs. Moffat and Yeo be obtained." Application adjourned awaiting further instructions from the applicant's solicitor. CLASSIFICATION 10 "A" General Business - The following correspondence was presented to the meeting: 1. Ministry of Treasury Economics and Intergovernmental Affairs dated October 1973, re Ontario Regulation 493/71 The Planning Act; 2. Ministryof Treasury Economics and Intergovernmental Affairs dated November 13, 1973; 3. Newsletter, Provincial (Ontario) Association Committee of Adjustment and Land Division Committees, November 23, 1973; 4. 3 Applications for re -zoning from the Clarke Planning Board in the names of Ilene A. Tamblyn and Margaret Beaupre; Phillip VanHartingsveldt, Stewart Wood; 5. Clarke Planning Board, dated November 29, 1973, re Trailer Home for Seasonal Help; 6. Ontario Municipal Board, dated November 27, 1973 re Appeal by Clarke Planning Board from decision of Committee of Adjustment - Clarke Fish and Conservation Club, advising that scheduled meeting December 6th, 1973, has been adjourned. The Committee perused the contents.thereof and the Secretary was instructed to file same. This being all the business at this time, the meeting ad' at 11:30 p.m. Secretary-Treasur r Chairman