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HomeMy WebLinkAbout02/08/1971�I Page 5 Meeting Committee of Adjustment, January 11, 1971: 5. The southern 3 lots are separated from the northern 3 lot°s by a proposed road allowance of 66' in width. These applications are for permission to convert the 3 northern lots into 2 parcels by severing in half the centre lot thereby increasing the frontage of the remaining 2 lots from 75' to 112'h' with an area of 22,500 square feet and the -same would apply to the 3 southern lots; 6. Building permits may be obtained for each of the 6 lots in accordance,with the provisions of section 3.15 of the by-law 1592 as amended, but by increasing the lot size and frontage of the 4 remaining lots the result would be a more desirable development. Following a lengthy discussion the Committee advisee Mr. Payne that a certified Plan of Survey of the subject land wpuld be required and these applications were adjourned' pending receipt of the said Plan of Survey. CLASSIFICATION Sec. 5 (RR) Sec 3.15 At the conclusion of the meeting Mr. P.J. Van Ginhoven of 59 Gerrard Road Whitby, Ontario was granted an interview with regard to a proposed dwelling to be erected on Lot 9, fronting on Mill Pond Rd,in the Village of Orono,Ontario. General Business - The Committee reported that on Friday, January 8, 19712 73 miles had been travelled during their inspection of properties fob the applications now under review. Meeting adjourned at 10:30 p.m Secretary-Treasue,dr MEETING of the COMMITTEE OF ADJUSTMENT Monday, February 8, 1971 at 7:00 p.m. Council Chamber Present E.R. Lovekin, B.A. LL.B., Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary-Tregsurer The minutes of meeting January 11, 1971 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. . . . . . . . . 0 Page 2 Meeting Committee of Adjustment, February 8, 1971: Application File No. 281-71 Messrs.Mackey and Bailey, Barristers & So,licitors, 17 Siincoe Street North, Oshawa, Ontario, James & Constance Harrigan, Applicants, _ R.R. #2, Newcastle, Ontario, Barry Maurice Pedwell, Unpaid Vendor, R.R. #2 Newcastle, Ontario, for part of Lot'30, Con", 11, Township of Clarke, Submission 'No. "B"281-71-223 Agents, Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592 and amendments thereto so as to permit theseparation of a parcel of land approx- imately 70"X1411being approximately 9905 square feet inarea from the applicant's land. The Secretary reported that 18 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Donald Vipond, Solicitor's Clerk of Messrs. Mackey and Bailey, Barristers & Solicitors, Oshawa, 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. Corre"spondence from Messrs. Mackey & Bailey,(dated Jan 21,1971) Barristers & Solicitors, 17 Simcoe St. N., Oshawa, Ontario. The Committee noted the contents thereof; 2. Correspondence from Messrs. Mackey & Bailey, dated February 4, 1971 enclosing" a Form of Consent duly executed by"Barry Maurice Pedwell the unpaid vendor under an Agreement of Sale, registered as #N36091, assigned by Assignment of Agreement for Sale #N42537; consenting to the application for severance made by James and Constance Harrigan, R.R. 42 Newcastle, Ontario, of the property described as Lot 30, Concession 2, Township of Clarke, County of Durham, Province of Ontario, dated at Oshawa this 3rd day of February 19711 Mr. Vipond Wa's then sworn and he made the following submissions: 1. The description set forth in the application originally received the consent of the Commitee of Adjustment under submission No. B94-67-81, when the property was conveyed from Maurice H. Peowell"and Olive Marie Pedwell to Barry Maurice Pedwell, instrument N36090; 2. Due to an inadvertence in the conveyancing of the title it is necessary for one Ronald John Moreland and Rosemary Anne Moreland to quit claim a possible interest they may have in the westerly five feet of the subject land; 3. The said Ronald John Moreland and Rosemary Anne "Mdreland executed a deed to Barry Maurice Pedwell covering the full description as set forth in the application and although they are only giving the quit claim deed to correct an inaccurate description, the consent of the Committee of Adjustment is still required again pursuant to the provisions of the Planning Act; Page 3, Meeting Committee of Adjustment, February 8, 1971: 4. The Quit Claim Deed from Ronald John Moreland and Rosemary Anne Moreland to Barry M. Pedwell was registered in the Registry Office for the Registry Division of the West Riding of the County of Durham on September 12; 1969 as #N42668; S. The registered owner of the property, the subject of this application,is still Barry Maurice Pedwell, and our client, Harrigan, are purchasers under an Agreement for Sale and are now conveying their interest to Pomery; The Secretary presented a Plan of Survey, certified by M.D. Brown OLS., Bowmanville, Ontario, dated January 23, 1968 and numbered 67060A; The Committee. 1. Perused the Plan of Survey and noted that the subject land was outlined in "red" and a broken line indicated the deed line; 2. Referred to application "B"94-67-81;� and were of the opinion that this application was in fact an application for a correcting deed by way of a Quit Claim Deed so that the property shown on the Plan of Survey would vest in the purchaser rather than there being any doubt that the property holder was on' the original deed line which was incorrect when surveyed. Houses have been built on abutting properties and the question of title* is, therefore, important to the owners of these properties, particularly those holding under Agreement of Sale. The Committee decided that an inspection of this property was unnecessary as they had visited the property prior to handing down their decision on application "B"94-67-81. Moved by E.F.R. Osborne and seconded by K. Schoenmaker that application for consent to a Quit Claim Deed required to clear title be granted. Carried. CLASSIFICATION 10. "A" "Q" Application -File No. 279-70 Application File No. 280-70 Helen Beatrix Lovekin, Owner, Newcastle, Ontario, for part of Lot 8, Con. 11, Township of Clarke, Submission No. "B"279-70-220 Mr. Joseph Coulson, Owner, 100 Roxboro St. W., Toronto, Ontario, for part of Lot B,,Con. 11, Township of Clarke, Submission No. "B"280-70-221 As business arising from the past meeting, these applications were brought forward for further consideration. No person appeared in support of or in opposition to these applications. C� The Secretary reported that Mr. Murray Payne, agent for the applicants was unable to be present at the meeting because of blizzard conditions on the country roads. On behalf of Mr. Payne, the-Secrebary presented the following material to the meeting: 1. A certified Plan of Survey, prepared by M.D. Brown, OLS, 11069 Bowmanville, Ontario. Mr. E.R. Lovekin, Chairman of the Committee withdrew from these applications and Mr. K. Schoenmaker as senior member assumed the chair. Page 4 Meeting Committee of Adjustment, February 8, 1971: The Committee referred to the minutes of meeting January 11, 1971 and noted that the agent Mr. Murray Payne had approved that they apply the evidence submitted to the two applications. The Committee decided that the same rule would apply at this meeting. The inspection of the properties on January 8, 1971 was also referred to. In perusing the Plan of Survey submitted the following facts were noted: 1. This Plan was deposited under part 2 of the Registry Act, January 22, 1971 signed ("Murray C. Payne"); received and deposited as Plan 10R 69, 28th January, 1971 signed ("Edward Bird") Registrar for the Registry Division of Durham West; 2. Reference is made to Plan, in the Township of Clarke, County of Durham, certified by M.D.. Brown OLS 1106;, 3. The survey was completed on the 13th day of January, 1971 and under date of January 14, 1971 is numbered 71006;, 4. The following fact was also noted "caution: this plan is not a plan of subdivision within the meaning of section 26,27 or 28 of the Planning Act.' After due consideration the Committee were of the opinion that this Plan as prepared by Mr. Brown was acceptable and the deeds to be submitted for approval would, it is understood, follow this Plan which is already on record in the Registry Office. These applications #279-70 and #280-70 were granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne., Carried. CLASSIFICATION Sec. 5 (RR) Sec 3.15 Application File No. 284-71 W. -Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Floyd A. Nicholson, Owner, Orono, Ontario, for part of Lot 27, Con V, Township of Clarke, Submission No. "B"284-71-224 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592 and amendments thereto so as to permit the separation of a parcel of land approx- imately 931x215' being approximately 19.522 square feet in area from the applicant's land. The Secretary reported that 15 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Floyd Nicholson, Orono, Ontario, the applicant, accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, appeared in_support of this application. No other person appeared in'support of, oi'in opposition to this application. " ,J C\ Page 5 Meeting Committee of Adjustment, February 8, 1971: The Secretary -Treasurer presented the following material to the meetings 1. Correspondence from W. Kay Lycett B.R., 'Barrister & Solicitor, Orono, Ontario, dated January 25, 1971. The Committee noted the contents thereof; 2. A photostat copy of a plan showing part of lot 27, concession 5, Township of Clarke, prepared by J.L. Sylvester, OLS, Port Hope, Ontario, dated 28 November 1960 and numbered 60133, the subject land outlined in "red"; 3. A certified Plan of Survey, prepared by M.D. Brown OLS, Bowmanville, Ontario, dated February 8, 1971 numbered 64075-A.. Outlined in "black" the subject lands and outlined'in "black" abutting lands also owned by the applicant.,, Mr. W. Kay Lycett B.A., on behalf of the applicant made the ` following submissions:. 1.; A single family dwelling house is presently situate upon the subject lands; 2. The lot and house in question abutt other lands owned by Mr. Nicholson which was purchased for future development and which has not, as yet, .,been improved by the erection of any buildings thereon; Mr. Floyd Nicholson was then sworn and made the following submissions: 1. He has owned the subject land for approximately 14 years and on or about the year 1957 built thereon a dwelling; 2. Approximately 8 years ago he acquired abutting lands with an area of 2.78 acres. He now wishes to sell the house and lot, which is the subject of this application and use the proceeds to develop the land to the west of his property which is the said 2.78 acres;. 3.' Mr. Nicholson agreed with the Committee that it will be necessary for him to make application to the local Planning Board to carry out his development" by means of a registered plan of subdivision; The Committee noted that the area is not zoned and in referring to the zoning -map it appeared that the construction of highway 115, at this point, was such that the highway veers to the north east with the result that on the westerly side of the con- trolled access to highway 115, a small wedge shape parcel of land which is technically in the Township of Clarke, has since the construction of the highway been treated and regarded as part of the Police Village of Orono. As the wedge shape area in question abutts an 1IR1" zone on the west, the natursl line of division is a controlled access highway on the east and on the north the entrance road to 115, it is clear that the character of the area has been established as "R1" residential. The Committee were of the opinion that this situation should be brought to the attention of the Council and the Planning Consultant in order that the zoning of this, area should be placed beyond any dispute. The Committee were familiar with the land, having inspected an abutting property and it was not deemed necessary to visit the site. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. t Pa§e 6 Meeting Committee of Adjustment, February 8, 1971: Application File No. 282-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Miss Flossie Graham, ' Owner, Newcastle, Ontario, for part of Lots 19 & 20,Con.111, Township of Clarke, Submission No. "B^282-71-228 Application was made for exemption or partial'exemption from Provisions of Subdivision Control By-Law'No. 1592 and amendments thereto so as to permit the separation of a parcel of land approx- imately 20101& 690' irregular by 500' and 3300' irregular having an area of approximately 76 acres more or less from the applicant's land. The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Miss Flossie Graham, Newcastle, Ontario, accompanied by her agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario and her nephew Mr. Cecil Payne of Port Hope, 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 B.A., Barrister & Solicitor, Orono, Ontario, dated January 21, 1971. The Committee noted the contents thereof; 2. A photostat sketch of the subject land; Mr. Lycett as agent for the applicant made the following submissions:. 1. Miss Graham owns a total of approximately 156 acres in one parcel and has entered into a conditional sale of the northerly portion of her property, comprising approximately 76 acres being that portion of lot 20 lying north of the south limit of the old abandoned railway property which passed through the said lot, and comprising also the north half of the west half of lot 19 in the said third concession, save and except a parcel previously conveyed at°the northeast corner thereof having a frontage of 112' and a depth of 4061• a 2. On the rough sketch of the subject lands, these lands are shown outlined in red and also shown on the sketch are the lands being retained by Miss Graham, composed of the south half of the west half of said lot 19 and the south 30 acres of the east half of said lot 19. 3. The lands in question are sub -standard so far as agricultural purposes are concerned and consist mainly of poor pasture land and bush lands. The subject lands are naturally separated from the lands which Miss Graham proposes to retain, by a creek running through her property. Mr. Cecil Payne was then sworn and he submitted the following facts: 1. He is the nephew of Miss Graham; 2. He represents the firm of Long Bros. Ltd. Insce-Realtor, 33 Walton Street, Port Hope . Miss Graham has entered into a conditional agreement of purchase and sale through his firm which is dated'19th January 1971; 3. 'The land concerned presently stands in the name of Miss Flossie<Graham, who is physically unable to operate a farm. In fact some 15 years ago Miss Graham moved into the Village of Newcastle and since that time Page 7 Meeting Committee of Adjustment, February 8, 1971: 3. cont - the land has been rented mainly as a pasture farm; 4. The land concerned was a family farm owned by the Graham family for approximately a century; The Committee noted the following facts:: 1. Reference was made in the application form that the -proposed purchaser intends to use the land for residential and recreational purposes, possibly a small farm operation;. 2. The rough sketch showed the division of the land fairly well .3. The application for severance appeared reasonable and the matter was adjourned to permit the Committee to inspect the property. CLASSIFICATION 10. "A" Application File No. 283-71 Application File No. 285-71 W. Kay Lyc7ett B.'A., Agent, Barrister & Solicitor, Orono, Ontario, George James Stapleton,Owner, R.R. #1, Orono, Ontario, Submission No."B" 283-71-1 Submission No. "B" 285-71-2(, for part of Lot ll, Con 2, Township of Clarke. Applications were made for exemption or partial exemption from provisions of 'Subdivision Control By -Law No. 1592 and amend- ments thereto so as to permit the separation of (a) a parcel of land approximately 1320' x 33001, approximately 100 acres being the north half of Lot No. 11, Concession 2; and (b) a parcel of land approximately 1320' x 33001, approximately 98 acres being part of the South Half of Lot No. 11, Concession 2,from the applicant's land. The Secretary reported that 44 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. W. Kay Lycett B.A., Barrister & Solicitor, as agent for the applicant appeared in -support of them applicatiors The following persons also appeared - Mr. Maurice O'Neill, Newtonville, Ontario; Mr. Ray Stapleton, R.R. #2 Newcastle, Ontario, Mr. Glen Stapleton, R;R, #2 Newcastle, Ontario. No other person appeared in support of, or in opposition to these applications. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated January 29,1971. The Committee noted"the contents thereof; 2._ A rough pen sketch of the subject lands; Mr. W. Kay Lycett as agent for the applicant made the following submissions: 1. Mr. Stapleton is presently the owner of 250 acres of land composed of the*whole of lot 11, and the north half of the south half of lot 12, in the second concession of the Township of Clarke. He acquired title to these lands in three separate conveyances- the north half on or about 1951; the south half on or about 1924 and an abutting 50 acres on or about 1929; Page 8 Meeting Committee of Adjustment, February 8, 1971: 2. The north half of the said Lot 11, comprises a farm unto itself as does the south half of the same lot and each has its own set of farm buildings; 3. Mr. Stapleton is retiring from the farming business and wishes to dispose of his farm holdings and has entered into a conditional sale of the north half of lot 11 to one Mr. Ian Tyson, an abutting owner in the same concession and who proposes to acquire the subject lands in this application for the extension and expansion of his own farming operation; 4. Mr. Stapleton has also listed for sale his home property composed of the south half of lot 11 and expects to enter into an agreement of sale of" this property in the very near future. Both these sales and the subsequent conveyances will require the consent of the Committee of Adjustment; Mr. Lycett requested the Committee to consider these applications as soon as possible as the closing date for the sale of the north half is to be completed on or before ttfe first day of March, 1971. Mr. Maurice O'Neill,Newtonville, Ontario, then spoke to the meetingcand stated that he had known Mr. Stapleton for many ,years, he has now, through illness, been forced to retire from farming and he,woiXl& be very much in favour of the proposed severances. Messrs. Ray & Glen Stapleton, R.R. #2 Newcastle, Ontario also agreed with Mr. O'Neill's opinion. The•Committee felt that the proposed purchaser is adding to his farming operation by enlarging an existing holding and this fact would be taken into consideration. Mr. Lycett was advised that the,Committpe would inspect the propertyassoon as possible and in the meantime if a Proper Plan of Survey became available these applications will.be given further consideration. CLASSIFICATION 10. "A" General Business An interview was granted to Mr. George Stephenson, R.R. #2 Newcastle, Ontario. Mr. James Stephenson, a nephew of Mr. George Stephenson"and M.B. Kelly, B. Comm, LL.B., of Barber and Kelly, Barristers & Solicitors, 28 King St. W.; Bowmanville, Ontario, also accompanied`Mr: Stephenson. Mr. Stephenson's request regarded a proposed application to the Committee of Adjustment for severance of a lot in an Agriculture Zone for residential purposes. This lot,'he wished to sell to his nephew James Stephenson. Following a lengthy discussion the Committee were of the opinion that Mr. Stephenson` would be better advised to consult the Planning Board regarding this matter. Meeting adjourned at 11:00 F •Secretary-Treas r r' J