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HomeMy WebLinkAbout12/05/1973MEETING OF THE COMMITTEE OF ADJUSTMENT Wednesday, December 5, 1973 at 8:00 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 meeting November 29, 1973 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. Application File "B"36-73 Robert C. Kent, Owner, R.R. #2 Newcastle, Ontario, for part of Lot 32, Con 2, Township of Clarke, Submission No. "B"36-73-36 As business arising from former minutes, this application was brought forward for further consideration. Mr. Robert C. Kent, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Kent was reminded that he was still under oath and he presented the following material to the meeting: 1. Plan 10R, Plan of Survey, prepared by Merrill D. Brown OLS., 121 Queen Street, Bowmanville, Ontario, dated December 4, 1973, file 73364; The Committee perused the Plan of Survey and Mr. Kent indicated "part 1 area 13.607 acres" to be the lot he wishes severed. The Committee permitted Mr. Kent to amend the application to read "Dimensions of land proposed to be severed: 13.607 acres with a,remainder of approximately 85 acres." These changes were initialled by Mr. Kent. Following further discussion the Committee reviewed the minutes of meetings held on September 10; October 9; and November 5, 1973; recalled their inspection of the property on September 29, 1973 and the application for severance of 13.607 acres was granted on motion by E.F.R Osborne, seconded by K. Schoenmaker, subject to the following conditions: 1. The granting of this severance for 13.607 acres will exhaust 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 13.607 acre parcel retained by the applicant Robert C. Kent: SUBJECT to the restriction,.limitation and condition that the lands herein described shall not be sold, transferred of 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 "Kent" 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 (7) Page 2 Meeting Committee of Adjustment, December 5, 1973: Application File "B"52-73 Reginald George Wesley Elliott, Owner, W. Kay Lycett Q.C., Agent, Orono, Ontario, for part of Lot 11, Con 8, Township of Clarke, Submission "B"52-73-52 As business arising from minutes of former meetings, this application was brought forward for further consideration. Mr. Reginald George W. Elliott, applicant, accompanied by M.D. Brown OLS., Bowmanville, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. R.G.W. Elliott was reminded that he was still under oath and the following material was presented to the Committee: 1. Plan 10R, Plan of Survey, prepared by Merrill Brown Limited, OLS., 121 Queen St. Bowmanville, Ontario, dated December 4, 1973, File 463068A; The Committee perused the Plan of Survey and Mr. Elliott indicated "part 1 area 5.956 acres" to be the lot he wishes severed. The Committee permitted Mr. Elliott to amend the application to read "Dimensions of land proposed to be severed: 5.956 acres". These changes were initialled by Mr. Elliott. Following further discussion the Committee reviewed the minutes of meetings held on September 11 and October 9, 1973; recalled their inspection of the property on September 29, 1973 and 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 of 5.956 acres will exhaust 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 5.956 acres retained by the applicant Reginald G.W. Elliott: 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 "Elliott" 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) C C Page 3 Meeting Committee of Adjustment, December 5, 1973: Application File No. "B"72-73 Ken Henderson, Owner, R.R. N. Orono, Ontario, for part of Lot 23, Con 7, Township of Clarke, Submission No. "B"72-73-72 As business arising from the minutes of November 5, 1973, this application was brought forward for further consideration. Mr. Ken Henderson, applicant, accompanied by his son-in-law Mr. Brian Colville, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Merrill D. Brown OLS., Bowmanville, Ontario, appeared. As a matter of record the whole Committee, accompanied by the applicant's wife, Mrs. Henderson, inspected the property at 1:30 p.m. on Sunday, November 11, 1973, and the following facts were noted: 1. The lot sought to be severed is on the north -south road between lots 22 and 23 (west side) about 1/4 mile south of the 8th Concession of the Township of Clarkei immediately east of Highway #115 so that no access problem exists; 2. Adequate roads serve the lot; 3. The applicant's daughter was born and raised on the farm and assisted with the farm work; 4. The applicant was requested to submit a proper Plan. of Survey, prepared by an Ontario Land Surveyor; Messrs. Ken Henderson and Brian Colville appeared before, the Committee and being reminded that they were still under oath, presented the following material to the meeting: 1. A Plan 10R, Plan of Survey, prepared by Merrill Brown Limited, 121 Queen St. Bowmanville, Ontario, dated November 3, 1973, file 73365; The Committee perused the Plan of Survey and Messrs. Henderson and Colville indicated "part 1 area 66,00'0 sq. ft." to be the parcel they wished to sever. The Committee permitted Mr. Ken Henderson to amend and initial the application form in accordance with the Plan of Survey presented. Following further discussion the Committee reviewed the minutes of November 5, 1973; recalled their inspection of the property on November 11, 1973 and the application was granted on motion by E.F.R. Osborne; seconded by K. Schoenmaker, subject to the following conditions: 1. The granting of this severance of ,66,000 sq. ft. will exhaust 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 66,000 sq. ft. retained by the applicant Ken Henderson: 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 "Henderson" 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 4 Meeting Committee of Adjustment, December 5, 1973: Application File No. "B"70-73 Mrs. Kathleen St. Marie, Owner, 2 Bracken Avenue, Toronto Ontario, Mr. A.E. St. Marie, Agent, 2 Bracken Avenue, Toronto Ontario for part of Lot 7, Con 6, Township of Clarke, Submission No. "B"70-73-70 As business arising from former minutes, this application was brought forward for further consideration. Mr. A.E. St. Marie, as agent for the applicant appeared in support of this applicati.oh. Merrill D. Brown OLS.} Bowmanville Ontario and Mr. and Mrs. Martin Manders, Kendal, Ontario, also appeared. 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 2:00 p.m. on Sunday November 11, 1973. No one was home. The following facts were noted: 1. The house was obviously a seasonal residence with external plumbing features and other signs of summer occupation only. 2. The land is south and east of the Hamlet of Kendal in rolling, hilly "high country"; 3. The particular property lies at the base of a steep hill and some low spots were in evidence, but on the whole, drainage would be adequate; 4. Access is no problem, the sideroad runs west approximately 11 mile to an improved County Road; 5. The applicant is requesting a 40 acre severance which will leave two parcels by remainder; Mr. A.E. St. Marie appeared reminded that he was still under was presented to the meeting: before the Committee and was oath. The following material 1. Plan 10R, Plan of Survey, prepared by Merrill D. Brown Limited, 121 Queen. St. Bowmanville, Ontario, dated December 5, 1973, file 73349; The Committee perused the Plan of Survey and Mr. St. Marie indicated "part 2, area 40.032" to be the lot he wished to sever. Permission was granted to Mr. St. Marie to amend the application to the measurements revealed by the Plan of Survey. Mr. and Mrs. Martin Manders also perused the Plan of Survey .and pointed out that the road allowance had been closed by by-law 1563 as indicated on the Plan, but that they had never received deeds to the road allowance from the Township. They own the property to the east of the subject land and their concern was the said road allowance. They did not wish to see the road re -opened. Otherwise they did not indicate any objection to the severance of the centre parcel of land. The Committee reviewed the minutes of the,meeting held on November 5, 1973; recalled their inspection of the property on November 11, 1973 and on motion by E.F.R. Osborne, seconded by K. Schoenmaker the application for severance of 40.032 acres as requested was granted.. CARRIED. CLASSIFICATION 10 "A" Page'5 Meeting Committee of Adjustment, December 5, 1973: Application File "B"65-73 Helen Mary Shaver, Owner, R.R. #1, Gormley, Ontario, .Adams, Fraser, Smith & Shaver agent, 200 University Ave., 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. Mr. Ernest Konzelman, R.R. #1 Orono, Ontario, appeared on behalf of the applicant, in support of this application. Mr. Alex Moffat, beneficial owner of the property abutting on the East, and Mr. F.G. Yeo abutting owner on the West, also appeared. No other person appeared in support�of or in opposition to this application. Mr. Merrill D. Brown, O1S, Bowmanville, Ontario, appeared and presented,.the following material to the meeting: 1. A Sketch illustrating severance in the north one- half of Lot 21, Concession 4, in the Township of Clarke, County of Durham. This sketch indicated that the property would be divided into two 50+ acre parcels; said sketch dated December 5, 1973, file 73357; Mr. Ernest Konzelman was then sworn and he stated that he had knowledge of this property, and was aware that the up- keep of the fences had been discussed. Mr. Shaver had requested that he attend the meeting and on behalf of Mr. Shaver to offer to post a Bond as an act of good faith to maintain the fences. Mr. F.G. Yeo replied that he did not think this would be necessary. Messrs. F.G. Yeo and Alex Moffat, under oath, stated that the fences should be maintained in accordance with the Line Fences Act and should remain on the fence line as established. A general discussion followed and the parties decided what sections of the fence should be built by each party and what kind of assurance must be given to ensure such construction, which could not be physically accomplished before the end of the year. The Committee poinF�out that the parties should formally agree and file with the Committee evidence of such formal agreement and that would satisfy the Committee. The Committee were not concerned with the details of the agreement, if it satisfied the parties concerned. The Committee then perused the Sketch presented; reviewed the minutes of meetings held on October 9; November 5; November 29, 1973; recalled their inspection of the property on October 25, 1973 and concluded that the matter will be finalized by the Committee at this time, subject to the following condition: 1. That the deed will not be certified until the evidence of such a formal agreement is produced. Application for severance of 50+ acres granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne, subject to the aforementioned condition. CARRIED. CLASSIFICATION 10 "A" Page 6 Meeting Committee of Adjustment, December 5, 1973: General Business: The dissolution of the Committee of Adjustment on December 31, 1973 was discussed and the Secretary - Treasurer was instructed to advise Mr. H. DeWith,Treasurer, as -follows: Moved by K. Schoenmaker, and seconded by E.F.R. Osborne '\ that the services of the Secretary -Treasurer, Mrs. Ellen J M. Yeo, be fully terminated upon the dissolution of the Committee of Adjustment for the Township of Clarke (ref. Bill 1627 sec 62, sub sec (9) as of the 31st day of December 1973 and that her full pay and all benefits due her on that date be paid in full. ` Meeting adjourned at 11:30 p.m. Secretary-Treasu er CARRIED . C airman