HomeMy WebLinkAbout03/11/1969r
MEETING
of the
COMMITTEE OF ADJUSTMENT
for the
TOWNSHIP OF' CLARKc:
Tuesday, March 11, 1969
at 8:00 p.m. ' '
Council Chamber, Orono.
Present:. E.R. Lovekin, Chairman,
K. Schoenmaker, Member,
j� E.F.R. Osborne, Member,
\\ Mrs. Ellen M. Yeo, Secretary -Treasurer,
Observers: Mr. Lloyd Atcheson, representing Jack Ricard, Realtor
99 King St. E.,Bowmanville, Ontario,
Mr. Wm. Schmahl, R.R. #2 Orono, Ontario.
Mr. Horace Best, Zoning Administrator.
The minutes of meeting February 10, 1969 and Decision
of February 15, 1969 were approved as read on motion by E.F.R.
Osborne and seconded by K. Schoenmaker. Carried.
Application Files 141-68 Sunnydene Estates Ltd.,
142-68 Submission "B"141-68-13
"8"14.2-68-13
These applications were brought forward and the
Secretary -Treasurer presented the following material to
the meeting':.
(1) Correspondence from The Ontario municipal Board
145 Queen Street W. Toronto, Ontario, dated
February 3, 1969 with an attached Appointment
of Hearing;
Correspondence from Mr. Peter Caspari,.President,
Sunnydene Estates Limited, Toronto Dominion
Centre, P.O. Box 141, Toronto 1, Ontario,
advising that the Appointment for Hearing
on February 24, 1969 had been adjourned. .
These facts are recdrded for clarification of the records.
CLASSIFICATION "E"
Application File 155-68 Edwin Foster Owner,.
R.R. #4,
Port Hope, Ontario,
for part of Lot 4,ConVl]
Township of Clarke,
Submission No."011.75;w xr
As business arising from minutes of the past meetings, this
application was presented for further consideration.
Mrs. Helen B. Lovekin, as agent for the application,
appeared in support of this application. No other person appeared
in support of, or in opposition to this application.
K The Sedretary-Treasurer presented the following material
to the meeting -
(1) A Sworn Affidavit signed by Edwin W. Foster
verifying that he was a bona fide farmer at the
time he sold his farm to one Joseph Feddema
and at that time a 10 acre parcel was reserved
for"future use.
The Committee:
(1) Referred to the minutes of meetings November 25,1968;
December 4, 1968; January 13, 1969;
. . 0 . . . . .
Page 2
Meeting of Committee of Adjustment March 11, 1969.
(2) Recalled their inspection of the site on December
4, 1968;
(3) The facts covered in the Sworn Affidavit; and
after due consideration were satisfied that the applicant had
complied with the conditions imposed as evidenced in former
minutes.
Application granted on motion by E.F.R. Osborne', seconded
by K. Schoenmaker. Carried.
CLASSIFICATION "E"
Application File No. 161-69 W. Kay Lycett B.A., Agent
Barrister & Solicitor,
Orono, Ontario,
Floyd Arthur Nicholson, Owners,
Orono, Ontario,
for part of Lots 8 & 9,
West Range, Block "G"
Police Village of Orono,Ontario,
Township of Clarke,
Submission No. 'R"i(✓-Ea-3
As business arising from minutes of past meetings, this
application was presented for further consideration.
W. Kay Lycett B.A., Barrister & Solicitor, agent for the
aa9plicants appeared in ,support of this application. No other
person appeared in support of, or in opposition to this application.
As a matter of record this property was visited on Thursday,
January 16, 1969.
Mr. Lycett.informed.the Committee that attempts had been
made to arrange a transfer between abutting owners that would
satisfy area requirements to make the division of land in accord-
ance with By -Law 1592 with amendments thereto.
IIr. Lycett further stated that he expected to hear from the
parties concerned at an early date and requested that this
application be adjourned until such time as he was able to bring
the required material to the meeting.
The Committee granted this request and it was,rought to the
"attention of Mr. Lycett that a formal Plan of Survey prepared by an
Ontario Land Surveyor would be necessary before a final decision
`was given.
CLASSIFICATION "P"
Application File 164-69 Walter Yarema
Application File 165-69 Owner
166-69 I•Ir, Nick Yarema
R.R. 412 Newtonville, OntarioOwner
for Part of Lot 6, Con 11,
Township of Clarke,
Submission No.6 ic-v
As business arising from minutes of past meetings th(jag s
applications were brought forward for further consideration.
No person appeared in support of t'.jis application.
This property was visited by the Committee on Saturday
Februry 22, 1969. The following facts were noted:.
Page 3
Meeting of Committee of Hdjustment March 11, 1969:
(11 The south end of the property faces on No. 2 Highway
and lies east of the Hamlet of Newtonville in the
Township of Clarke;
(2) The Committee did not see Mr. Yarema on the site, but
noted that the house located on the South East corner
of the property had some scaffolding on the West Wall
and was obviously -undergoing extensive renovations
and improvements;.
(3) The property was not readily accessible in its
entirety because of snow, but the Committee inspected
the north end of the same property by driving around
to the side road abutting it on the north. It was noted
that Real Estate signs erected by Mann & Martell were
evident in the vicinity and it was not known to the
Committee whether these signs were on the property of
the applicant although they appeared to be. The Committee
also noted that survey ribbons were on a post on what
appeared to be the East side of the Yarema property.
(4) It is to be noted that Mr. Yarema has 3 concurrent applications
on the same property. The application which concerns a
line of correction between the father and son's property
presents no difficulty at all in that it is merely a
correcting line of descfiption which has no physical changes
as far as the area is concerned.
(5) The applications which concerned the Committee are the
ones in which Mr. Yarema Sr. alleges he wishes to sell
part of his farm and retain the remainder on which'to
build a house. ..
(6) The Committee would be most unlikely to grant a severance
for the sole purpose of re -sale by the applicant.
The S2 applications were adjourned for further consideration at a
meeting to be held on Wednesday, March 12, 1969.
CLASSIFICATION "O" and "E"
Application No. 170-69 Maurice O'Neill, Owner,
R.R. #17 Newtonville, Ontario,
for part of Lot 10, Con 11,
Township of Clarke,
Submission No."b iyo^69•iiS
As business arising -from minutes of past meetings, this
application was presented for further consideration.
This property was visited by the Committee at 2:00 pm on
Saturday February 22, 1969. The Committee noted the following facts:.
(1) The property proposed to be severed lies in the
north west corner of Mr. O'Neill's farm and it is
bounded on the west by a forced road between lots
10 and 11 and south of the road allowance for the third
line of the Township of Clarke.
(2) The property to the west is owned by Mr. George Stapleton
and the property to the north is owned by Mr. Joseph
Jilisen. The side road at this particular location is
obviously a forced road and travelling in a northerly
direction it is displaced to the west. Without a survey
it is difficult to see exactly where the dividing line of
the property is except by referring to old fence bottoms.
(3) Mr. O'Neill does not -own all the land abutting the
Concession road as its displacement to the west is so
pronounced that at the northerly end of the O'Neill property
a piece of land owned by Mr. Stapleton lies between Mr.
O'Neill and the road. Snow conditions made it impossible
Page 4
Meeting of Committee of adjustment March 11,,1969;.
for the Committee to inspect the entire property but a
good view of the property could be obtained from the road
allowance.
(4) The area proposed to be sold by Mr. O'Neill is approximately
10 acres and is bounded on the north by the third line
which is not passable owing to the fact that a bridge
has been washed out and never replaced. On the northerly
boundary of the O'Neill property apparently this road
allowance has not been formally.closed but is not physically
open. Access to the proposed 10 acres would be gained by
an entrance at the southwest corner of the 10 acre parcel
where it abuts on the Concession road before that road
swings westerly and into the Stapleton property.
(5) The 10 acre parcel, therefore, would have approximately
250 lineal ft. frontage on a concession road plus access
to the third line which is not now in current use because
of the destruction of the bridge previously mentioned.
(6) There is no doubt that Mr. O'Neill's allegation that this
land is of little use agriculturally and would be a
desirable parcel of land from a "retreat" standpoint, is
a practical and sensible suggestion.
The Committee's concern was whether or not such a parcel of land
should be spot zoned and approved by the Plann.ng Board or whether
the Committee should use their discretion in creating a severance.
Mr. Maurice O'Neill, the applicant appeared in support of this
application. No other person appeared in support of or in opposition
to this application.
Mr. O'Neill was informed that a final decision had not been
reached in his case and was requested to submit to the Committee
a copy of a previous listing for the sale of this property, which
he stated he had in his possession verifying his intention had been
to sell before the passing of Zoning -By -Law 1592 with amendments
thereto.
This application was adjourned awaiting presentation of the
aforementioned document.
CLASSIFICATION "E"
Application No'. 171-69
Mr. R. Jones, Agent,
130 King St. E., Oshawa, Ontario,
Mr. Jack T. Story, Owner,
R.R. 42, Orono, Ontario,
for part of Lot 34, Con Vll,
Township of Clarke,
Submission No."B" 171-69-167
As business arising from minutes of past meetings this application
was presented for further consideration.
Mr. Jack T. Story, the applicant, appeared in support of this
application. No other person appeared in support of or in opposition
to this application.
The Committee visited this property on Saturday, February 22,
1969 and noted the following factsz
(1) Mr. Story, the applicant wqs not at home and in order
to ascertain the facts, the Committee went to the west
side of this property and located one Gerry Gordon, an
employee of Marvin Farms. Mr. Gerry Gordon is the
proposdd purchaser of the property. He verified the,
factthat the Committee were inspecting the correct
property and stated that he was a horse trainer for
Marvin Farms and he wished to own an abutting piece of
Page 5
Meeting of Committee of Adjustment March 11, 1969;
property in his own name where he could keep
some horses of his own.
(27 From the physical inspection of the property the
Committee were satisfied beyond a doubt that this was
a bona fide agricultural operation of a very high
calibre, specializing in the raising, training and
selling of registered Appaloosa horses.
Mr. Story was requested to complete his application by
dubmitting the following:
(li A fdrmal Plan of Survey, prepared by an Ontario Land
Surveyor; and
(2) A Sworn Affidavit from the proposed purchaser that
the proposed severance will be used by him for -agricultural
purposes for a period of at least 5 years.
This application was adjourned until such time as"the requested
material is presented tothe Committee for their further
consideration.
CLASSIFIED "E"
Application File No. 173-69 George Lumley Owner,
R.R. 01, Newtonville, Ontario,
for part of Lot 2, Con 111,
Township of Clarke,
Submission No. ,B,, 173-69-152
As business arising from minutes of the last meeting, this
application was presented for further consideration.
The Committee visited this property on Saturday, February
22, 1969 at 3:30 p.m. Mr. Lumley was not at home.
The Committee noted the following facts:
(1) It was quite obvious that livestock was being kept
on the property in the form of horses which were
seen grazing in an abutting field;
(2) The Committee had no way of knowing exactly where
the proposed property to be severed lay, but it
was assumed that it was north and east of the Lumley
house on Lot 22 Concession 37 Clarice Township;
(3) It was noted that the lot to be severed fronted on
a well kept Township road; waw on high ground and
there appeared to be no problem with drainage or
septic tank disposal; a cellar had been dug; the
soil was of a sandy nature.To the west of the
lot there was a distinct deopression and to the
east a small stream, but this was far enough away
that no pollution problem would be created.
Mr. and•Mr'k. Richard Weaver, the prospective owner appeared
in support of this application. No other person appeared in
support of or in opposition to this application.
Mr. Weaver stated that`his intention was to build a
residence on the proposed severance.
The Committee were not satisfied that the building to be
erected on the proposed severance was an integral part of a
bona fide agricultural operation. Should this application be
granted,,it is difficult to see what the safeguard would be.
The unrestricted construction of residences in agricultural
areas is, in the opinion of the Committee, bad planning and
Page 6
Meeting of Committee of Adjustment March 11, 1969:
is not a situation that should be encouraged by the Committee.
The proper method of procedure, in this case, if the
applicant feels that he should be permitted to construct a residence,
would be to apply for an amendment to the Zoning By -Law 1592.
This application was refused on motion by E.F.R. Osborne and
seconded by K. Schoenmaker. Carried.
CLASSIFIED "E"
Application File No. 174-69
Nancy G. Hood, Owner,
R.R. 42, Orono, Ontario,
for part of Lot 30, Con. V1,
Township of Clarke,
Submission No.
As business arising from minutes of the past meeting this
application was brought forward for further consideration.
Mr. and Mrs. David John Hood 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 Anthony Edward Laskowsky B.A.,
dated February 13, 1969 confirming that David John
Hood holds a deed to uses for the property abutting
the land owned by his wife Nancy Hood, said deed
registered as N38747 on October 24, 1968 in the
Registry Office for the Registry Division of the West
Riding of the County of Durham for the Township of
Clarke
The Committee were of the opinion that:
(1) This is an application for a minor variance
for a lot on the Leskard Road. The lot is north
of the Development Area in an area designated
Agricultural;
(2) There is no provision for undersized lots in Agricultural
Zones and the Committee cannot consider an undersized
lot in any area but an "R1" zone;
11
Mr. Hood accepted the advice -of -the Committee to allow this
application to stand until such time as Zoning By -Law No. 1592 with amend-
ments thereto for the Corporation of the Township of Clarke has
been dealt with by the Ontario Municipal Board, as the By -Law
might be amended in a favorable manner to this applicant at that
meeting.
Application adjourned sine die.
CLASSIFICATION "J"
Application File No. 175-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Harold E.J. Souch, Owner,
R.R. #1,Newtonville, Ontario,
for part of Lot 5, Con. V,
Township of Clarke,
Submission No."8"t7s-c9-is7
As business arising from minutes of the past meeting, this
application was brought forward for further consideration.
J
Page 7
Meeting Committ of Adjustment i•:arch 11, 1969:
The Committee visited this property on Saturday, February
22,,1969. Mr. Harold Souch took the Committee to see the
area on which the proposed dwelling was to be built.
The Committee noted the following facts:.
(1) The property on which the proposed house would be
built was a square 10D acres on the west side of
the road,,.southwesterly from the area where the.
father, Mr. Harold Souch, lived -
(2) The Committee were of the opinion that there would be
nothing to stop Mr. Souch's son erecting a house on
this property which is severed from the home farm
proper by the side road;
(3) Severances for similar agricultural reasons have been
given to the south side of the Souch property;
(4) The Committee had no doubt whatsoever that this was a
.bona fide large scale agricultural operation and that
the proposed house was a necessary adjunct to a legal
farming operation.
W. Kay Lycett B.A., Barrister & Solicitor, agent for the
applicant appeared in support of this application. No other
person appeared in opposition to or in support -of 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 March 7, 1969
with a Sworn Affidavit, attached, verifying that
James A. Souch, son of Harold Souch proposes to
erect a dw@lling house upon the property and to
assist his father with his farming business carried
on in the same area.
The Committee noted:
(1) The facts covered in the Sworn Affidavit; and
requested 11Ir. Lycett to complete the application by submitting a
Proper Plan of Survey prepared by an Ontario Land Surveyor.
This application was adjourned until such time as a proper
Ulan of Survey is presented to the Committee for their formal decision.
CLASSIFICATION "E"
Application File No. 176-69 W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Ross Edward Phoenix, Owners,
Ruth B. Phoenix,
R.R. #2, Oruno, Ontario,
for part of Lot 33, Con. V,
Township of Clarke,
Submission No.B".x-69-:ar
As business arising from minutes of the past meeting this
application was brought forward for further consideration.
This property was visited by the Committee on Saturday, February
22, 1969.
The Committee noted the following facts.
(1) This application concerns land in a "Development area";
(2) Immediately north of a residence occupied by one
Detlef Boricic, the ground appeared to be quite wet.
A deep ravine runs along the full frontage of the
property from the property of Mr. Boricic to the
Page 8
Meeting of Committee of adjustment March 11, 1969 -
western limit. Extending back from this particular
frontage the land appeared dry and the Committee were
of the opinion that there would be no drainage problem.
W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario,
agent for the applicants :Ind Mr. J. Ochonski the proposed purchaser
appeared in support of this application. No other person nppeered
in support of, or in opposition to this applic.tion.
The Secretary -Treasurer presented the following material
to the meeting.
(1) Correspondence from Mr. Detlef Ted Boricic, R.R.
#1 Orono Ontario. Mr. Boricic's letter concerned
the land immediately to the north of his house and
the fact there is a considerable amount of water
running through the north end every Spring. Mr. Boricic
questionned the effect a proposed sub -division would
have on his property. The Committee noted the contents
thereof and returned same to the Secretary for filing.
(2) The Committee explained to the proposed purchaser
iir. J. Ochonski that the granting of a severance
by the Committee of Adjustment would not in any
way indicate that the Planning Board or other Municipal
Authorities (e.g. the Building Inspector) will grant
any or all permits to complete any development whatsoever.
Mr. Ochonski verbally confirmed that he was fully aware of
the abovementioned facts.
The Committee advised I�Ir. W. Kay Lycett that they are prepared
to give this matter further consideration upon the submission of
a pror_er Plan of Survey prepared by an Ontario,Land Surveyor
showing that the vendor Ross Edward Phoenix is not landlocked.
This application was adjourned until such time as the Plan of Survey
is presented to the Committee for their further consideration.
CLASSIFIC::TION "E"
Application File No. 177-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Herman Horstman, Owner,
Newtonville, Ontario,
for part of Lot 10, Con. 1,
Township of Clarke,
Submission No.W ,>>-C'-rs9
The Committee visited this property on Saturday, February 22, 1969
at 1:55 P.M.
The Committee interviewed the applicant Mr. Horstman and
his wife.
The Committee noted the following facts:
(1) Mr. Peter Willems is a neighbour to the north with
property fronting on number 2 highway;
(2) The applicants' house is on the east side of the sideroad
running southerly between lots 10 and 11, which dead
ends into highway #401;,
(3) The applicant owns 272 acres being all the land on the
east side of the dead end road, south of Peter 11illems
who owns the corner lot fronting on Highway 4-2 at the
west side of Newtonville;
Page 9
Meeting of Committee of Adjustment March 11, 1969:
(4) The -land to be severed is a"'piece between'the
applicant's house and land owned by Peter Willems;
,(5) The -land was fairly flat and drained by the Highway
ditch.
The Committee were of the opinion that if the lot to be severed
is of a proper size, this could be considered an"infilling"
y ^ operation (and was zoned in an "R1" area. ) _
i Mr. Lycett was requested to complete this application by
submitting a formal plan of survey prepared by an Ontario Land
Surveyor and this application was adjourned until such time as'
the Plan of Survey is presented to the Committee for their formal
decision.
CLASSIFICATION "J"
Application File No. 178-69
D.I. Stewart Esq., Agent,
Barrister & SBlicitor,
39 King St. 6. Cobourq Ontario,
G.A. Laing Co. Ltd., 6wner, '
R.R. 41, Orono, Ontario.
for part of Lot 30, Con. 1V,
l�ownship of Clarke,
Submission
Application was made for exemption or partial exemption from
provisions of Subdivision Control By -Law No. 1592 with amendments
thereto so as to permit the separation of a parcel of land
approximately 330' x 1336' being approximately 440,880' in area
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.
Mr. George Laing, the applicant accompanied by his agent
D.I. Stewart Esq., Barrister & Solicitor 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 David I. Stewart Esq.,
German, Richardson, Clarke & Stewart, Barristers
& Solicitors, 39 King St. E., P.O. Box 157,
Cobourg, Ontario, dated January 28, 1969;
February 3, 1969;; February 6, 1969; The Committee
duly noted the contents thereof;'
Mr. David 1. Stewart made `the following 'submissions:
(1) This is an application to clear title;
(2) An error was made in the name of the Grantor in a deed
to Kenneth John Weeks and Dawn-Iiarie Weeks registered
as N35548, dated January 31, 1968. The said deed
named George A. Laing as the Grantor whereas G.A. Laing
Company Limited was in fact the Grantor.
Mr. Stewart also presented a Plan of Survey prepared by
M.D. Brown, Ontario Land Survey, Bowmanville' Ontario, dated
July 6, 1967 and numbered 66082C.
The Committee:
(1) Perused the Survey submitted;
(2) Considered the facts presented by Mr. Stewart ; and
requested Mr. Stewart to file with the
the circumstances under which the error
the record.
This application was adjourned until
requested is presented to the Committee
CLASSIFICATION "N"
Committee an Affidavit stating
occurred for purposes of,
such time as the material
for their further consideration.
Page 10
Meeting of Committee of Adjustment March 11, 1969:
Application File No. 179-69
Leonard Haig Downey, Owner,
R.R. #2, Newcastle, Ontario,
for part of Lot 23, Con. 11,
Township of Clarke,
Submission No. "B" 179-69-156
Application was made for exemption or partial exemption from
provisions of Subdivision Control By -Law No. 1592 with amendments
thereto so as to permitthe separation of a parcel of land
approximately 100' x 1080' being approximately 108,000 square
ft. in area from the applicant's land.
The Secretary reported that 16 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. Leonard Haig Downey, the applicant appeared in support
of this application. No other person appeared in support of or
in opposition to this application.
The Chairman of the Committee, E. Richard Lovekin, stated
that he had previous knowledge of this application and withdrew
with'the members' consent. Mr. K. Schoenmaker, as senior member
assuted the chair.
I
As a matter°of record this property was visited by the
Committee on February22, 1969.
Mr. Downey made the following submissions
(1) The subject land, containing approximately 200' x 1080'
Was purchased from Hugh McWilliams et ux, instrument
No. N17235, registered at 10 minutes after 11 o'clock
a.m, of the 6th day of August A.D. 1962 for the Town-
ship of Clarke;
(2) A dwelling house was erected and finished as a home'
for Mr. Downey, and the frontage retained was 1001;
(3) On September 20, 1962, the balance of the lot of
100' frontage was sold to one Stanley Ralph Wright
and., the mortgage on this property was held by Mr.
Downey, instrument No. N17802 registered 16 minutes
after 11:00 a.m, of the 12th day of October 1962, for
the Township of Clarke; A house was started on this
lot but left unfinished and one Dorothy Young took
a lien�on it, Instrument No. N18925, registered
at 20 minutes after 4:00 o'clock p.m. of the 21st
day of March A.D. 1963, for the Township of Clarke;
(4) During the summer of 1963 Mr. Downey paid off the
lien held by Dorothy Young, and finished the house.
(5) The present situation is that two houses have been
erected, each having a frontage of 100' with a depth
of 1080' and this application is presented to clear
title and to establish the boundaries for these two
properties.
Mr. Downey presented an amended Plan of Survey, dated
and revised February 21, 1969, prepared by Donevan & Fleischmann,
Engineers, & Surveyors, Oshawa, Ontario, Job #10311, formerly`>
dated July 27y 1962. J
The Committee:
(1) Perused the Plan of Survey presented; and"
were of the opinion that the documents presented verified the fact
that these transactions were entered into prior to subdivision
control and this is a bona fide error, requiring correcting deeds.
Application granted on motion by E.F.R. Osborne and seconded by
K. Schoenmaker. Carried.
CL&SSIFICATION "N'
Page 11
Meeting of Committee of Adjustment March 11, 1969:.
Application File No. 180-69
Mrs. Helen B. Lovekin, Agent,
Box 9, Newcastle, Ontario,
Harvey Robinson Farrow, Owner,
R.R. #1, Newtonville, Ontario,
for part of Lot 9, Con 1V,
Township of Clarke,
Submission No. "B" 180-69-153
Application was made for exemption or partial exemption
from provisions of Subdivision Control By -Law No. 1592 with
amendments thereto so as to permit the separation of a parcel of
land approximately 138190' x 417235' being approximately 152.67
acres in area,from the applicant's land.
The Secretary reported that 16 noticesof the said hearing
had been mailed in accordance with Item 4 of The Rules of
Procedure.
Mrs. Helen B. Lovekin, as agent for the applicant appeared
in support of this application. No other person appeared in
support of or in opposition to this application.
The Chairman of the Committee, E. Richard Lovekin, stated
that he had previous knowledge of this application and withdrew
with the members' consent. Mr. K. Schoenmaker, as senior member
assumed the chair.
Mrs. Helen B. Lovekin, acting as agent on behalf of Mr.
Harvey Farrow made the following submissions:
(1) On the 21st day of February 1968, Mr. Harvey
Farrow sold his farm, Lot 9 in Concession 4,
Township of Clarke to Parash Developments Ltd.,
of Toronto, through Walter Frank Real Estate,
Bowmanville, Ontario. The purchasers thought
they could continue to carry on with the Farm
Credit Mortgage on the farm, but when they
investigated, they were informed by,Farm Credit
Corporation that as they, the purchasers, were not
farmers, the loan would be called if a sale were
made to them and consequently Parash Developments
Ltd., were not drilling to complete the sale. Mr.
Farrow then undertook to sell the farm to someone
else in order to save the real estate commission;
(2) Mr. Farrow conveyed the farm to his wife,and son
and sold one parcel of land to Mrs. Helen B.
Lovekin. This parcel of land surrounded the
property owned by one Mrs. Gertrude Etwell, whose
deed was not correct and such error being shown
by our preliminary survey, it was obvious that
correcting deeds would be required. A survey was
necessary and because of the complications in
description this survey was not completed until the
30th of April, 1968, with a minor addition made
on the first day of May, 1968;
(3) Through inadvertence the deeds were prepared as
though Mr. Farrow's wife had a dower claim in the
land instead of being as joint ionants. This
technicality could create a cloud on title, It is
desirable to file correcting deeds in the Registry
Office, the said deeds to convey exactly the same
lands to the same people as existing deeds already
on deposit in the Registry Office and all dated
the first iay of May, 1968, with the exception that
small corrections are made on the bordering Etwell
property.
Page 12
Meeting of Committee of adjustment March 11, 1969:
(4) The purpose of -this application, therefore, is to
authorize the giving and filing of such deeds
of correction.
The Committee:
(1) Listened to the oral representations by
Mrs. Lovekin;
(2) Perused the photostat copy of survey presented;
(3) Adjourned the application, requesting Mrs. Lovekin
to present a Sworn Affidavit verifying the facts
presented.
CLASSIFICATION "N"
Application File No. 181-69
Mrs. Helen B. Lovekin, Agent,
Box 9,
Newcastle$ Ontario,
Mr. Bobby D. Pressick, Owner,
R.R. #11 Newtonville,Ontario,
for part of Lot 9, Con. 1V,
Township of Clarke,
Submission
Application was made for exemption or partial exemption
from provisions of Subdivision Control By -Lai, No. 1592 with
amendments thereto so as to permit the separation of a parcel
of land approximately 155' x 128' being approximately 19,840
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. and i-irs. B.D. Pressick, accompanied by their agent,
Mrs. Helen B. Lovekin appeared in support of this application.
No other person appeared in support of or in opposition to this
application.
The Chairman of the Committee, E. Richard Lovekin, stated
that he had previous knowledge of this application and withdrew
with the members' consent. BIr. K. Schoenmaker, as senior member
assumed the chair.
Mrs. Helen B. Lovekin made the following submissions:
(1) On or about August 1, 1968, Mr. Pressick purchased
from one Mrs. Gertrude Etwell a parcel of land
with a frontage of 155' x 128' approximately;
(2) The search of title revealed that i•rs. Etwell held
title by virtue of a deed registered March 14, 1951
as 415346 for said Township, from her husband
George Etwell; the description of the lands read
for a frontage of 126' with a depth of 157' and
had been fenced accordingly. The error was
made approximately 30 years ago, but in actual fact,
possession was a frontage of 155' and a depth of
128'.
(3) In order to rectify the situation it is necessary for
the Committee to approve :suit Claim Deeds, each party
Quit Claiming any rights, title or interest in the
lands incorrectly described;
The Committee:
(1) Listened to the oral representations by Mrs. Lovekin;
Page 13
Meeting of Committee of .,djustment March 11, 1969-
(2) Perused the photostr.t cony of survey presented; and
were satisfied that this was indeed a bona fide application to
clear title;
(3) Requested Mrs. Lovekin to file with the Committee
a Sworn Affidavit statirir. the circumstances
under which thecrror occurred for purposes of
the record.
This application was adjourned until such time as the requested
material is presented to the Committee for their further consideration.
CLASSIFICATION "N"
Application File No. 182-69
W. Kay Lycett B.A., Agent,
Barrister_ & Solicitor,
Orono, Ontario,
C. Roy Cochrane, Owner,
R.R. North,
Orono, Ontario,
for part of Lot 23, Con. X,
Township of Clarke,
Submission
Application was made for exemption or partial exemption
from provisions of Subdivision Control By -Lair No. 1592 with
amendments thereto so as to _Hermit the separation of a parcel
of land approximately 150' x 300' being approximately 45,000
square feet in area from the applicant's land.
The Secretary reported that 14 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. W. Kay Lycett B.A., Barrister & Solicitor, agent for
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 W. Kay Lycett B.ii.,
Barrister & Solicitor dated February 27, 19699
The Committee rioted the contents thereof;
Mr. Lycett made the follo�ring submissions:
(1) Mr. Cochrane proposes to convey the subject parcel,
which will be slightly more than an acre in area,
to his son James Bruce Cochrane, who intends to
erect a house on the pro,L�erty which will be in the
close vicinity to the farm home buildings;
(2) Mr. Cochrane Sr. is a lifetime resident of the
Township of Clarke and the purpose of locating
the son in the particular area is to facilitate
the son in assisting the father in his present
farming,business.
Mr. Lycett also presented to the Committee a Sworn Affidavit
�- signed by James Bruce Cochrane, dated 8th day of March, 1969
verifying his intention to"obtain title to the lands in question
and thereafter erect a dwelling house upon the property in
which I and my wife will reside and it is my present intention
to locate on this property in order to assist my father in his
farming business carried on in the same are
The Committee studied the facts as presented and this
application was adjourned to enable the Committee to visit the pr -
CLASS IFICATIO"Ell /IQ r,
Meeting adjourned at 12:30 p.m. !�
Secretary -Treasurer hairman