HomeMy WebLinkAbout11/29/1971MEETING
of the
COMMITTEE OF ADJUSTMENT
Monday, November 29, 1971 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 meeting held on November 1, 1971 were approved
on motion by K. Schoenmaker and seconded by E.F.R. Osborne.
Carried.
Application File No. 342-71 Mr. Gerald A. Wanless, Owner,
R.R. #1 Orono, Ontario,
(84 Chestnut Park Road,)
Toronto, Ontario,
for part of Lot 19, Con 5,
Township of Clarke,
Submission No. "B"342-71-255
As business arising from minutes of past meetings, this
application was brought forward for further consideration.
Mr. M.D. Brown, OLS., Bolamanville, Ontario, appeared in
support of this application. No other person appeared in support
of, or in opposition to this application.
Mr.,M.D. Brown, on behalf of the applicant submitted the
following material to the meeting:
1. A certified Plan of Survey, prepared by M.D. Brown
OLS, 1106, dated November 24, 1971, File 71202;
The Committee
1. Perused the Plan of Survey submitted;
2. Referred to the minutes of meetings September 15,
October 13, 1971;
3. Recalled their inspection of the property on
October 12, 1971
and considered the following facts:
1. The buildings had become surplus to the owner's
requirements because of the merger of small
uneconomical farms into one large viable farming
unit;
2. The severance follows a natural line of division
and the granting of this application would not
place any additional burden on the Municipality
by way of additional services or for any other
purpose.
Application granted on motion by K. Schoenmaker, seconded
by E.R. Lovekin. Carried. -/
CLASSIFICATION 10 "A"
. . 0 . . . . 0
Page 2
Meeting Committee of Adjustment, November 29, 1971:
Application File No. 336-71
A. Sidney Hallowell, Owner,
R.R. #1, Orono, Ontario,
B.M. Kortekaas, Agent,
9 George St. Brooklin, Ontario,
for part of Lot 13, Con. 4,
Township of Clarke,
Submission No. "B"336-71-256
As business arising from minutes of past meetings, this
application was brought forward for further consideration.
Mr. M.D. Brown, OLS., Bowmanville,'Oritario, appeared in
support of this application. No other person appeared in support
of, or in opposition to this application.
Mr. M.D. Brown, on behalf of the applicant submitted the
following material to the meeting:.
1. A certified Plan of Survey, prepared by M.D. Brown,
OLS., dated November 29, 1971, File 71206;
The Committee -
1. Perused the Plan of Survey submitted;
2. Referred to the minutes of meetings September 15
and October 13, 1971;
3. Recalled their inspection of the property on
October 12, 1971;
and following further discussion were of the opinion that the
applicant had complied with,the conditions imposed as evidenced
in former minutes.
Application granted on motion by K. Schoenmaker and seconded by
E.F.R. Osborne. Carried.
CLASSIFICATION 10 "A"
Application File No. 351-71
Wm. S. Brandt, Owner,
Leskard, Ontario,
for part of Lots 31 & 32
Con 7, Township of Clarke,
Submission No.^13"35-7-6y4
Application was made for exemption or partial exemption
from provisions of sub -division control by-law 1592 with amendments
thereto to permit reduction from requirements of setback from
a Creek and reduction from requirements of setback from the centre
of the road allowance.
The Secretary reported that 15 notices of the said hearing
had been mailed in accordance with Item 5 of The Rules of Procedure.
Mr. and Mrs. Wm. S. Brandt, applicants, and Mr. and Mrs.
M.A. Pat Yeo, proposed purchasers, 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. Copy of correspondence dated November 5, 19711.
addressed to Mr. S.B. White, Ganaraska Region
Conservation Authority, Oshawa, Ontario, signed
"Horace R. Best" Building Inspector. This letter
. . • • outlined briefly the facts pertaining to this
application.
2. A pencil memo, dated Nov 29, 19719 4:30 P.M.
from "H.R. Best" as follows: "Re: Brandt Application
and set back from Wilmot Creek and our letter to
Mr. White under date of Nov 5 1971. As of even
date a written reply has not been received from Mr. White.
Page 3
Meeting Committee of Adjustment, November 29,'1971.
A phone call td his office indicated the following information
"The Ganaraska Region Conservation Authority would have no
objections to a dwelling constructed no closer than 701, measured
from the bank of the stream, providing the flood plain of this
creek is contained within the existing banks." "Mr. White
will inspect the site, possibly today, and if his opinion
should change as a result of his on site inspection, he will
notify us at once. He will confirm this report by letter at a
later date" signed "H.R.B.
This memo was addressed to the Committee of Adjustment,
for their information, when considering the hearing of the
application.
2. Photostat copy of part of the Plan of Survey,
prepared by M.D. Brown OLS., 1106, dated September
157 1971 on which is shown the approximate position
on the'lot,of the proposed dwelling;
3. Photostat copy of referenced Plan of Survey,
outlining in greater detail the position of the
tile bed, septic tank and dwelling, also the setback
line from the bank of the stream as required by
sec. 3.8 of amending by-law 1653 and the variance
of approximately 73' from the stream which would
allow a dwelling to be built on this lot;
4. Lot Inspection report of approval, signed by Inspector
"R. IuiacNaull" dated November 3, 1971, outlining a
suggested layout for the septic tank; tile bed;
proposed dwelling and well;
Mr. Wm. S. Brandt under oath, stated that he has lived on the
property since he purchased same approximately 16 years ago
and there has never been any flooding from the stream during
this time. The bank of the stream was sufficiently high to
prevent this.
Mr. Brandt was shown a`copy of the health report and he indicated
that he agreed with the position of the buildings etc. in relation
to the stream, tile bed and well.
Mr. Brandt was then shown the pencil memo from Mr. Best of
the telephone conversation with The Ganaraska Region Conservation
Authority and upon noting that there would be"no objection to
s dwelling constructed no closer than 701, from the bank of
the stream" Mr. Brandt requested permission to amend the application
accordingly from the requested 75' to 701. This request was granted
and the amendment witnessed by the Committee.
Mr. M.A. Pat Yeo, under oath, stated that all the buildings
would be contained withlothe 70' limit as stated. ,.
This application was adjourned to enable the Committee to inspect
the property.
CLASSIFICATION fRR" 10 "A"
As a matter of record Mr. Lovekin, 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.
0
Page 4
Meeting Committee of Adjustment, November 29, 1971:.
Application File 353-11
Application was made f
provisions of sub -division
thereto to allow permission
nearer than 40 feet from ce
running southerly across re
Merrill D. Brown OLS., Agent,
Frank`Sutton, Owner,
R.R. #2 Oshawa Ontario,
for part of Lot 30; Con 4,
Township of Clarke,
Submission No. "A"353-71-63
or exemption or partial exemption from
control by-law 1592 with amendments
to build single family dwelling not
ntre line of diverted water course
ar of the subject lands.
The Secretary reported that 21 notices of the said hearing
had been mailed in accordance with Item 5 of The Rules of Procedure.
Mr. Merrill D. Brown OLS., as authorized agent for the
applicant appeared in support of this application. Mr. Rowland
Spencer, 137 King St. E. Bowmanville, Ontario, also appeared.
No other person appeared in support of, or in opposition to this
application.
The
Secretary -Treasurer presented the following material to
the meeting:
1.
A Direction, dated 29th November, 1971, signed
"Fra4 E. Sutton" authorizing Merrill D. Brown
of Bowmanville, Ontario, to act as agent before
the Committee;
2.
A Plan,of Survey, prepared by M.D.'Brown OLS.,
dated July 23, 1971, Revisions Aug 24, 19717
dated Nov. 9, 1971, file 71098, showingthe subject
land outlined in "red" and outlining the position
of the proposed dwelling on the lot;
3.
A photostat copy of memo prepared by M.D. Brown
_
Limited under date of July 23, 1971, which had been
referred to Mr. Horace Best, Building Inspector.
The S@cretary was instructed to incorporate this
memorandum in the minutes of this meeting for
future reference. It should be noted, however,
that the content of the memorandum had been orally
discussed. "July 239 1971 - Report_re: Drainage
South-West corner of Lot �0, Concession 4, Township
of Clarke, Refer to Plan 71098 dated July 23, 1971-
I have examined the watercourse that leads across'the
South-West corner of the former George Laingfarm.
The drainage run starts approximately 400 'feet North
of the Fourth Line in cultivated' farm land. It is
apparent that this is an intermittent water course,
probably conveying small volumes of surface water
only when the ground is frozen. The watershed is very small,
probably no more than 5 acres in area. The soil `type
is Newcastle Loam which is an excellent agricultural
soil exhibiting good drainage a`nd porosity. If this
area had been tiled by sub -surface drains, it is doubtful
that any surface water would be present. About 19659
building lots 100 feet by 156 feet were laid off on
the existing roads. Since then the area within the
building lots has7 not been cultivated agriculturally.
Apparently fill bias been placed in the watercourse
in an attempt to fill in the low area in the corner
lot. The water course leads to a 18 inch diameter
corrugated metal culvert under the Fourth Line. bt is
my opinion that the largest quantity of runoff water
to this culvert is collected by the North ditch of the
Fourth Line."
Z-
Page 5
Meeting Committee of "Adjustment, November 29, 1971:
"This water course, being so near the source of any
possible runoff, cannot be considered to have any flood
plain. No evidence of -flooding is apparent. Because
of the intermittent nature of this water course and the
low vdlumes of water collected, it could easily be diverted
to accomodate any building. As you will note from the
plan, the watershed is very flat and hence a diversion
ditch as shown should easily accomodate any runoff without
being any appreciable depth. It is a well accepted fact
in drainage law that any person may divert any watercourse
on his own property as long as the location of the source
and outlet to the adjacent properties is not changed to the
detriment of adjacent owners.
For the reasons stated above, it is my opinion that the
proposed diversion ditch will satisfy the requirements
of Section 3.8 of by-law 1643 for the Township of Clarke.
Respectfully Submitted "M.D. Brown"
Ontario -Land Surveyor."
4. A commitment signed by "Lloyd Perry", 645 Gorevale Cres.
Oshawa, Ontario, Witness by "Rowland Spencer" as.
follows: "I Lloyd Perry purchaser of part of Lot 30
Concession #4 and known as #6517 Sutton property make
commitment to the Township of Clark that the ditch now
on the said property will be sodded when the front lawn
is done. This commitment is also binding on my administrator
or assigns. Signed this 29th day of November, 1971".
Mr. Brown, under oath, stated that he had re-examined this property
as of the date of the hearing (November -29, 1971). There is
no water in it and the ditch is constructed to the proper grade
so any water during run-off will be properly accommodated. In
his opinion the only time that this ditch or water diversion
will be functional would be during spring run-off or following
an intense and exceptional heavy rainfall. Because of the.
climatic conditions the sodding of the ditch as recently re-
constructed could not be accomplished at this time.
The Committee perused the Plan of Survey and referred to all the
material presented with this application. Following further
discussion this application was granted on motion by K. Schoenmaker
and seconded by E.F.R. Osborne, subject to the -following conditions:
1. The owner shall see that this ditch is properly
sodded on or before the end of the month of
June, 1972 and the Committee hereby request Mr.
Horace R. Best, Building Inspector, to ensure
that- this work is properly completed by that
date;
2. That the conditions stated in the letter from the
Ganaraska- Region Conservation Authority dated
August 18, 1971, regarding a former application (ref.A+346-71-60)
shall be met -""in order to permit development
on these lots, the ditch could be diverted as
shown on the plan. However, we would recommend
that the banks of the ditch be no steeper than
2.1 (2 ft. horizontal to 1 ft, vertical) and sodded
throughout its length as soon as grading of the
ditch has been completed (sgd.)'W.B. White" Resources
Manager
3. TAKE WARNING that this decision, for a 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 14 days from the date that the
minutes of this decision have been mailed to the
Minister of Municipal Affairs of the Province of
Ontario.
. . . .... . . .
Page 6
Meeting Committee of Adjustment, November 29, 1971:
4. This decision should not be registered on"title
until the said time for appeal has lapsed when the
applicant shall then register o{i title by way of
Deposit a copy of the Form of Consent signed by
the concurring members, and shall forthwith there-
after forward to the Secretary of the Committee a
duplicate Certificate of Deposit or a Notarial
copy thereof;
5. AND FURTHER that upon receipt by the Secretary of the
aforesaid document, the appropriate administrative
officials of the Township of Clarke will be authorized
to issue any and all.necessary permits or to take any
steps necessary to implement this decision. CARRIED .
CLASSIFICATION 10 "A" sec. 3.8
Application File No. 352-71
Merrill D.,Brown OLS., Agent,
Bowmanville, Ontario,
Dennis Mackey, Owner,
348 French St. Oshawa, Ontario,
for part of tot 30, Con 41
Township of Clarke,
Submission No. 11A"352-71.62
Application was made for exemption or partial exemption
from provisions of sub -division control by-law 1592 with amendments
thereto to allow reduction of north side -yard from 25 feet to 20
feet and permission to erect proposed dwelling within 25 feet of
ditch diversion as illustrated on enclosed plans.
The Secretary reported that 21 notices of the said hearing
had been mailedin accordance --with Item 5 of The Rules of
Procedure. .
Mr. Dennis Mackey, the applicant, accompanied by his agent
Mr. Merrill P. Brown OLS., appeared in support of this application.
Mr. Rowland Spencer, 137 King St. E. Bowmanville, Ontario, also
appeared. No other person appeared in support of, or in opposition
to this application.
The Secretary -Treasurer presented the following material to
the meet9ngr
1. Correspondence dated November 24, 19719 signed
by "D. Mackey" informing the Committee that
"the two parcels of land will be joined as one,
the transaction is being done by our lawyers
Greer & Pollitt. They will submit a letter to
Council at the meeting. Also the grade of 0.7%
will be complied with and completed on Saturday
November the 27, 1971."
2. A Direction dated 24th November 1971, signed
"D. Mackey" authorizing Merrill D. Brown of
Bowmanville, Ontario to act as agent before
the Committee;
3. A commitment signed by "Dennis Mackey""Owner".
Witness by"Rowland Spencer" "I Dennis Mackey
Owner of part of Lot 30 Concession 04 and known
as #6518 and #6519 make commitment to the Town-
ship of Clark that the ditch now on the said property
will be sodded when the front lawn is done. This
commitment is also binding on my administrator
or assigns. Signed this 29th day of November 1971."
Page 7
Meeting Committee of Adjustment „ November 29, 1971:.
5. Correspondence from Messrs. Greer & Pollit'
Barristers & Solicitors, 70 Bond St. West,
Oshawa, Ontario, dated November 25, 1971, signed
"George T. Pollitt" "To Whom It May Concern:
I act•on behalf of Mr. and Mrs. Dennis Mackey who
presently own property located in the Township
of Clarke, being part of Lot 30, Concession 4,
presently subdivided into lots 6518 and 6519
which they own separately in each other's name
and I have been instructed to prepare a Deed where-
by the said lands become one. lot and are registered
in the name of the husband and the wife joinly,
which I am presently doing."
6. A photostat copy of memo prepared by M.D. Brown
Limited under date of July 23,•1971, which had
been referred to Mr. Horace Best, Building
—Inspector.. The Secretary was sfistrwcted to in
,corporate this memorandum in the minutes of this
meeting for future reference. It should be noted,
however, that the content of the memorandum had
been orally discussed. it I have examined the
watercourse that leads across the South-West corner
-'of the -former George Laing farm. The drainage run
starts approximately 400 feet North of the Fourth
Line in cultivated farm land. It is apparent that
this is an intermittent water course, probably convey-
ing small volumes of surface water only.when the
ground is frozen. The watershed is very small,
probably no more than 5 acres in area. The soil type
is Newcastle Loam which is an excellent agricultural
soil exhibiting good drainage and porosity. If this
area had been tiled by sub -surface drains, it is doubtful
that any surface water would be present. About 1965,
building lots 100 feet by 150 feet were laid off on the
existing roads. Since then the area within the building
lots has not been cultivated agriculturally. Apparently
fill has been placed�in the watercourse in an attempt-,
to fill in the low area in the corner lot. The water
course leads to a 18 inch diameter corrugated metal
culvert under the Fourth line. It is my opinion that
the largest quantity of runoff water to this culvert is
collected by the North ditch of the Fourth line. This
water course, being so near the source of any possible
runoff, cannot.be considered to have any flood plain.
No evidence of flooding is apparent. Because of the
intermittent nature of this water course and the low
volumes of water collected, it could easily be diverted
to accommodate any building. As you will note from
the plan, the watershed -is very flat and hence a diversion
ditch as shown should easily accommodate any runoff with-
out being any appreciable depth. It is a well accepted
fact in drainage law that any person may divert any
watercourse on his own property as long as the location
of the source and outlet to the adjacent properties is
not changed to the detriment of adjacent owners. For the
reasons stated above, it is my opinion that'the proposed
diversion ditch will satisfy the requirements of Section
3.8 of By -Law 1653 for the Township of Clarke. Report
re drainage south-west corner of Lot 30, Concession 4
Township of Clarke, Refer to Plan 71098 dated July 23,
1971" signed "M.D. Brown, Ontario Land Surveyor.
7. A Plan of Survey, prepared by M.D. Brown OLS., dated
July 23, 1971 Revisions Aug 24, 1971, dated Nov. 9,1971
file 71098; showing the subject land° outlined in "red"
and outlining the position of the proposed dwell-. . . . . .
ing on the lot;
Page 8
Meeting Committee of Adjustment„ November 29, 1971:..
Mr. Brown, under oath stated that technically there are two
separate applications herein; but the facts are identical, in
that Mr. Sutton and Mr. Mackey are abutting owners and the
same facts regarding the ditch diversion have to be considered.
Mr. Brown also stated that he had re-examined this property
as of the date of the hearing (November 29, 1971). There is
no water in it and -the. ditch is constructed to the proper grade
so any water during run-off will be properly accommodated. In
his opinion the only time that this ditch or water diversion
will be functional would be during spring run-off or following
an intense and exceptional heavy rainfall. Because of the
climatic conditions the sodding of the ditch as recently re-
constructed could not be accomplished at this time.
There followed a discussion as to the matter of certainty of
the set back and it was decided in -this case, that the Committee
would refer to a set back from the centre line of the diversion
ditch. The Committee -were of the opinion that if referring to
a stream, the set back from the bank of the stream might be more
appropriate. Whereupon Mr. Brown requested permission to amend
the application to read "within 25 feet of centre line of ditch
diversion!'. Permission granted and the amendment was initialled
by Mr. Brown and witnessed by the Committee.
Mr. Mackey, under oath, stated that the banks of the diversion
ditch were of a slope that they could be easily cut with a
lawnmower, although some harrowing or grading would have to be
done in the spring to level the soil. The Committee noted that
Mr. Mackey had given a written undertaking that the sodding
would be completed and was asked to repeat this undertaking orally
under oath before the Committee at this time.
The Committee perused the Plan of Survey and referred to all
the material presented with this application. Following further
discussion this application was granted on motion by K. Schoenmaker
and seconded by E.F.R. Osborne, subject to the following conditions:
1. The owner shall see that this ditch is properly
sodded on or before the end of the month of June,
1972 and the Committee hereby request Mr. Horace
R. Best, Building Inspector, to ensure that this
work is properly completed by that date;
2. That the conditions stated in the letter from the
Ganaraska Region Conservation Authority dated
August 18, 1971, regarding a former application
(ref. "A"347-71-61) shall be met - "in order to
permit development on these lots, the ditch could
be diverted as shown on the plan. However, we would
recommend that the banks of the ditch be no steeper
than 2.1 (2 ft. horizontal to 1 ft. vertical) and,
sodded throughout its length as soon as grading of
the ditch has been completed (sgd.) "W.B. White"
Resources Manager;
3. TAKE WARNING that this decision, for a 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 14 DAYS FROM THE
DATE that the minutes of this decision have been
mailed to the Minister of Municipal Affairs of the
Province of Ontario.
Page 9
Meeting Committee of Adjustment, November 29, 1971;,
4. 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 signed by
the concurring members, and shall forthwith there-
after forward to the Secretary of the Committee a
duplicate Certificate of Deposit or a Notarial copy
thereof;
5. AND FURTHER that upon receipt by the Secretary of
the aforesaid document, the appropriate administrative
officials of the Township of Clarke will be authorized
to issue any and all necessary permits or to take any
steps necessary to implement this decision. CARRIED.
CLASSIFICATION 10 "A" sec. 3.8
Application File 354-71
Application File 355-71
Messrs. Swartz and Swartz,
Barristers & Solicitors,
26'h King Street East,
Oshawa, Ontario,
Vernon John Stacey,
Newtonville, Ontario,
for part of Lot 10, Con 1,
Township of Clarke,
Submission
Submission No. 'A" 3s --7J - Gk
Agent,
Owner,
Application was made for exemption or partial exemption from
provisions of the Planning Act so as to permit the separation
of 1001x302' being approximately 25,000 square feet from the
applicant's land; and
Application was made for exemption or partial exemption
from provisions ofsub-divisioncontrol by-law 1592 with amend-
ments thereto for a minor variance from the,required frontage
of 150' in an RR Zone to 1001, on the proposed application for
severance.
The Secretary reported that 20 notices for each application
had been mailed in accordance with Item 5 of The Rules of
Procedure.
Mr. Vernon John Stacey, the applicant 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 Messrs. Swartz & Swartz,
Barristers & Solicitors, Oshawa, Ontario, dated
November 18, 1971. The Committee noted the
contents thereof;
2. Correspondence from Department of Transportation
and Communications, Downsview, Ontario, dated
November 24, 1971, signed "R. Ainsworth"indicating
that due to the fact that the lot in question
will not require access to Highway No. 2, they
have no objection to the proposed severance;
3. A.Plan of Survey, prepared by Donevan & Fleischmann,
Engineers & Surveyors, Oshawa, Ontario, dated
October 5, 1960 outlining in "red" the lot in
question.
. . . 0 . . . .
J
Page 10
Meeting Committee of Adjustment, November 29, 1971:
Mr. Vernon J. Stacey under oath stated as follows:
1. He is a veteran who qualified under the terms of
the Veterans' Land Act to buy a property, includ-
ing a house in the Hamlet of Newtonville, Ontario.
At that time the VLA required the minimum parcel
to be 2 acres;
2. The existing dwelling faces on the north side of
King's Highway #2 at the West end of the Hamlet
of Newtonville;
3. In order to secure 2 acres of land to qualify for
a VLA loan, an abutting piece of land was acquired
which fronts on the road allowance between concession
1 and 2 to the north east of the property. These
two parcels are connected by a narrow tongue of land
approximately 15' wide by 95' long.
The Committee perused the Plan of Survey on which the buildings
and area of these pieces of land are clearly indicated; and
were satisfied that this parcel was created under very special
circumstances and from a present point of view, it would appear
sensible to sever this parcel of land with one lot facing on
Highway #2 and one lot facing on the Township road area of
Concession 1 and 2.
This application was adjourned to enable the Committee to
inspect the property.
CLASSIFICATION "RR"
Application File No. 356-71
H.E. Millson, Owner,
Orono, Ontario,
Part of Village Lot 127
Block "E", Police
Village of Orono,
Township of Clarke,
Submission
Application was made for exemption or partial exemption from
provisions of the Planning Act so as to permit the separation of
5' x 46.86' being approximately 234 square feet from the
applicant's land.
Application File No. 357-71
Edward Graham, Owner,
Orono, Ontario,,
part of Village Lot 12,
Block "E", Police
Village of Orono,
Township of Clarke,
Submission
Application was made for exemption or partial exemption from
provisions of the Planning Act so as to permit the separation of
7' x 119.09' being approximately 834 square feet from the
applicant's land.
The Secretary reported that 28 notices for each application
had been mailed in accordance with Item 5 of The Rules of Procedure.
Mr. H.E. Millson as applicant and as agent for Mr. Edward
Graham appeared in support of these applications. 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 Direction, by Edward E. Graham, Orono, Ontario,
authorizing Mr. H.E. Millson, Orono, Ontario, to
act on his behalf before the Committee;
..... .......
Page 11
Meeting Committee of Adjustment November 29, 1971:,
2. A Plan of Survey, for each application, prepared
by M.D. Brown OLS., 1106, Bowmanville, Ontario,
dated December 30, 1970, numbered 65153 "A", outlining
-in "red" the area of lands to be severed;
The Committee noted that these are joint applications of
Mr. Millson and Mr. Graham, who are abutting owners of two lots
fronting on Church St., and Cobbledick St., in the Village of
Orono, Ontario, (Millson on Cobbledick St.) and (Graham on
Church St.);
Mr. Millson under oath stated briefly that the applications
are to enable the transfer of two parcels of land - -
(a) an area of 234 sq. ft. from H.E. Millson to Edward Graham and
(b) an area of 834 sq. ft. from Edward Graham to H.E. Millson
the effect of which will be to regularize the shape of the lots
and straighten the boundary line.
The Committee were of the opinion that this would be advantageous
both from a public and private point of view.
Applications adjourned to enable the Committee to inspect the
properties.
CLASSIFICATION "R1"
Application File No. 358-71
J. Henry Eikens, Owner,
R.R. #2, Orono, Ontario,
for part of Lot 35,
Concession 5,
Township of Clarke,
Submission
Application was made for exemption or partial exemption
from provisions of sub -division control by-law 1592 with amendments
thereto to allow a reduction from the required set back of 93'
to 59' under Appendix 1 (g).
The Secretary reported that 25 notices for this application
had been.mailed in accordance with Item 5 of The Rules of Procedure.
Mr. J. Henry Eikens, the applicant, 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 Ontario Department of Lands
and Forests, Lindsay, Ontario, dated November 22,
1971, signed "A.E. Walroth" District Forester,
indicating that there was no objection to Mr.
Eikens' application;
Mr. Eiken, under oath, stated as follows:
1. He purchased 143 acres during 1963 and h8s
lived there ever since;
2. This application is for permission to demolish
an existing dairy barn and build a new pack
barn for the processing, storing and handling
of tobacFo which would result in a more efficient
operation.
3. He would prefer the new barn to conform with
the setback of his existing dwelling house
and tobacco kilns . These buildings are all
approximately 59' from the centre of the
Township Road;
Application adjourned to enable the Committee to . . . . .
inspect.the.property.
CLASSIFICATION 10"A" Append 1(g)
J
J
Page 12
Meeting Committee of Adjustment November 29, 1971:
General -Business - Messrs. E. Konzelmann and W. Paus, R.R. #1
Orono, Ontario, joint registered owners
of land in Lot 24, Concession 4, Township
of Clarke were granted an interview, in
accordance with the Committee's policy of
entertaining enquiries which are to be made
formal before the Committee. The proposed
i/ applicants were advised that their -application
had some merit and that the Committee would be
prepared to consider a formal application from
them for land severance.
The Secretary -Treasurer presented the following material to the
meeting:
1. Correspondence from L.J. Mikulich, A.M.C.T., Township
Clerk re:; Re -appointment of K. Schoenmaker to the
Committee of Adjustment, with a photostat copy of by-law
1712 attached thereto;
2. The following correspondence which is hereby reported
in these minutes:
(a) Northumberland and Durham County Board of Education,;
P.O. Box 470, Cobourg, Ontario, signed "Jack Hayden"
Assistant Business Administrator, addressed to
Mrs. Ellen M. Yeo, Secretary -Treasurer, Committee of
Adjustment -" Dear Mrs. Yeo: You probably know by
now of the very satisfactory Auction Sale of Crooked
Creek and Clarke Union Schools on November 6th.
I feel that the successful results are mainly due
to the fact that the Committee of Adjustment approved
and issued consents etc. to establish single dwellings.
May I personally thank .both you and the Committee
Members for the co-operation and courtesy extended to
this Board and myself.
I sincerely hope that the new residents will prove
to be a gain for Clarke Township. Yours sincerely"
JGH/wmh (dated November 12, 1971)
(b) Johnston & Douglas, Barristers, Solicitors, Notaries,
140 Seventh Street, Toronto 510, Ontario,
November 17, 1971
The Chairman
Committee of Adjutments
Township of Clarke
Orono, Ontario.
Dear Mr. Chairman:
I recently had an application before your Committee
regarding land belonging to the Duke Estate.
I wish to place on record my thanks for the efficient
and courteous manner in which your Committee deal with
the Public and the Legal Profession.
Mrs. Yeo the Secretary of your Committee has extended
us co-operation well beyond the call of duty for which
I am grateful.
Please read this letter into the Minutes of your next
meeting so that the Public in your area can more fully
appreciate the great service you render.
Yours very truly,
Johnston and Douglas
jac (signed) "Ivan St. Clair Sequeira"
Mr. Lovekin, chairman, dictated acknowledgements to this
correspondence and following further discussions, consents to
Deeds etc., this meeting was adjourned at 11:15 p.m.
Secretary -Treasurer n