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Page 11,
Meeting Committee .of Adjustment September 13, 1969;
The Secretary reported that 13 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Pro-
cedure.
Mr. Keith Wood, Kendal, Ontario and Mr. Wm. Reid, Orono,
Ontario, appeared in support of this application. No other
person appeared in support of, or in opposition to this application.
The Secr@taryrTreasnret presented the following material '
to the meeting:
(1) A Plan of Survey prepared by M.D. Brown, OLS.,
Bowmanville, Ontario, dated June 5, 1969 and
numbered 69070;
Mr. Wood made the following submissions:
(1) Mr. Reid and himself are joint owners of an
agricultural holding of approximately 50 acres;
(2)` This application is for a severance of 30 acres
from this holding to be added to his present
farm which would'give him approximately 59.49
acres;
(3) This increase woOld be deeded from a parcel of
land laying to the north and the remaining piece
in that parcel would be reduced to a�size of
20 acres. The 20 acres so remaining is,in general,
rough land and not suitable for cultivation but
suitable for rough pasture;
(4) No house remains on the 20 acres but a farm barn
in useable condition is on this parcel and this
barn is currently used by himself and Mr. Reid for
animals being pastured there;
(5) There would be no change in building Bite and this
addition to his present farm would add enough suit-
able land.torcarry on a more extensive operation.
This application was adjourned to enable the Committee to visit
the site.
CLASSIFICATION "E"
Meeting adjourned at 6:30 pm
Secretary-Treas—UT er
MEETING
of the
COMMITTEE OF ADJUSTMENT
Wednesday, October 1, 1969 at 8:00 p.m.
Present: E.R. Lovekin., Chairman, Council Chamber
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mr -s'. Ellen I1. Y'eo', Secretary -Treasurer.
The minutes of meeting held on September 13, 1969 were approved
as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker.
Carried.
Application File No. 184-69 W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Conley James Battams, Owners,
Verna Muriel Battams,
Leskard,Ontario, for part of
Lot 31, Con Vll, Twp of Clarke
Submission No. -r'11,
As business arising from minutes of past meetings this application
Page 2
Meeting Committee of Adjustment October 1, 1969:
was brought forward for further consideration.
W. Kay Lycett B.1�., Barrister & Solicitor, Orono, 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 M.D. Brown, P. Eng., O.L.S.,
121 Queen Street, Bowmanville, Ontario, dated
September 23, 1969. The Committee noted the
contents thereof and were of the opinion that this
clearly indicated the proposed severance is located
in an "A" Zone. The Secretary was instructed to
include the contents of this correspondence in
the minutes. "Dear Sirs: Further to your inquiry
of whether the two lots now owned by Mr. Battams
are in the North or South one-half, I have examined
my records and find that the old fence marking the
Northerly limit of the original Battams property
(as shown on the sketch of survey forwarded to me)
marks the limit between the North and South one-half
of Township Lot 31, Concession 7. Both properties
are therefore in the South one-half of Lot 31 and
presumably in the agricultural zone according to the
sketch illustrating By -Law 1592. Assuming that the
Southerly- parcel is the subject lands in your
application, this parcel would therefore be approximately
only 104 feet south of the Southerly limit of Lhe
R-2 zone: I hope the above is helpful.
Yours very truly, (sgnd) "M.D. Brown"
Mr. Lycett requested that this application be adjourned until
such time as further instructions are received from his clients.
CLASSIFICATION "O"
Applicati-n File No. 201-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Bertha Violet Little, Owner,
770 Hortop St.,
Oshawa, Ontario,
for part of Lots 6n& 79
part of road allowance
between Lots 6 & 7
all in Con VI,
Township of Clarke,
Submission No. "B" 201-69-177
As business arising from minutes of past meetings this
application was brought forward for further consideration.
W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario,
as agent for the applicant appeared in support of this application.
No other person appeared in support of, or in opposition to
this'application.
Mr. Lycett presented the following material to the meeting:
(1) A Plan of Survey prepared by M.D.` Brown, OLS.,'
Bowmanville, Ontario, dated October 1, 1969 and
numbered 69140;
Mr. Lycett stated that he would submit the required material
to finalize this application upon receipt of the sworn affidavit
from his client.
CLASSIFICATION "E"
Page 3
Meeting Committee of Adjusi:iient October 1, 1969.
Application File No. 208-69 J.J. DenHollander, Owner,
R.R. #2, Orono, Ontario,
for part of Lot 28, Con V,
Police Village of Orono,
Township of Clarke,
Submission No. "3" 208-69-179
As business arising from minutes of the past meeting this;
application was brought forward for further consideration.
As a matter of record the Committee visited the property
on Friday September 26, 1969.,
W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario:,
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 Secretary -Treasurer presented the following material to
the meeting:
(1) A Plan of Survey prepared by H. Flim. OLS.,
47 Prince St., Oshawa, Ontario, dated September
119 1969 numbered W.O. 3915; .,
The Committee:
�_(1) Referred to the minutes of meeting September 13, 1969;
(2) Recalled their :inspection of the site at which
time they found the facts as stated in the application;
and the lots would be in conformity with the general
area;
t3) Perused the Plan of Survey presented; and
concluded that granting this application would be in conformity
with the general intent and purpose of Zoning By -Law 1592
with amendments thereto and in particular with the provisions
in Section 4 "Residential Zone R1".
Application granted on motion by K. Schoenmaker and seconded
by E.F.R. Osborne. Carried.
CLASSIFICATION "jr?
Application File No. 209-69 J.R.K. Eardley, Owner,
Box 6a, Newtonvillef Ontario,
for part of Lot 10, Con 1,
Townshi?� of Clarke,
Submission No. "B'! 209-69-180
As business arising from minutes of the past meeting this
application was brought forward for further consideration.
No person appeared in support of, or in opposition to this
application. I i
The Committee visited the property on Friday, September 26, 1969
and noted the following facts:
1
(1), The residence of the applicant is situated on
the southern portion of his land overlooking
42 Highway in the unincorporated Hamlet of Newtonville
r which is presently zoned "R111; _
i
(2) The property runs throughto a Concession Road on
the Northerly boundary. This is a well travelled
Township Road in good condition and is serviced
by Hydro;
Page 4
Meeting Committee of Adjustment October 1, 1969:
(3) The proposed severance fronts on the northerly
road allowance and is abutted on the East by
Lake View Cemetery and on the West by an easement
of approximately 11' x 213.60' reserved by the
applicant, Eardley, for access to his property
from the aforementioned Concession Rd.
(4) The northerly half of the property including
all the severed land is flat plateau land and
the southerly half of the property, which the
applicant Eardley is retaining falls off sharply
to the South on Highway 42.�
,(5) The soil seemed suitable for private sanitary
sewage disposal purposes and 'there appeared to be
no problem concerning a septic tank.
(6) This application would be in conformity with the
general intent and purpose of Zoning By -Law 1592
with amendments thereto and in particular with the
provisions in Section 4 "Residential Zone R17
This application was granted on motion by E.F.R. Osborne and
seconded by K. Schoenmaker. Carried.
CLASSIFICATION "A"
Application File No. 210-69
Application File No. 211-69
As business arising from minutes
application was brought forward for
Edward R. Woodyard, Agent,
Orono, Ontario,
Miss Helena J. Waddell, Owners,
Miss C--therine A. Waddell,
Orono, Ontario,
for part of Lot 29, Con V,
Police Village of Orono,
Township of Clarke,
Submission No."B"210-69-190
Submission No."B"211-69-191
of the past meeting this
further consideration.
Mr. Edward R. Woodyard, agent for the applicants appeared
in support of this application. No other person appeared in
support of, or in opposition to this -application.
As a matter of record the Committee visited the property on
Friday,, September 26, 1969 and noted the following facts:
(1) The property had a bank or high spot abutting
the goad and the land fell away sharply to the
north;
(2)• The road was narrow and veered sharply to the south-
west from a previous east -west bearing;
(3) There was an entrance to a cul-de-sac containing 5
or 6 houses to the south and this entrance would,
on occasion complicate traffic movement;
(4) It appeared to the Committee that the Police
Trustees should consider the traffic problems here.,
The Committee informed Mr. Woodyard that a condition would
be imposed by this Committee.as followst " there will be
no buildings erected until after the present road is widened
and made safer for traffic" Mr. Woodyard verbally agreed to
this condition.
The Committee further commented that no final decision can be
given at this time as the amended By -Law affecting land use
has not been -made public. This application was therefore
adjourned for further consideration at the next meeting.
CLASSIF IC,iTION "A"
Page 5
Meeting Committee of Adjustment October 1, 1969:.
Application File 213-69 Keith E. Wood, Agent,
Kendal, Ontario,
Wm. L. Reid, Owners,
Keith E Wood,
Orono, and Kendal, Ontario,
for part of Lot 92 Con V1,
Township of Clarke,
Submission No. "B" 213-69-181
As business arising from the past meeting this application
was brought forward for*further consideration.
No person appeared in support of this application.
The Committee visited this property on Friday, September,
262 1969 and found the facts to be as presented by Mr. Wood
and Mr. Reid.
The Committee reviewed the minutes of meeting September
131 1969 and recalling their visit to the site concluded:.
(1) A bona fide farming operation was being
carried on;
(2) No additional buildings were required;
(3) No residences were to be constructed;.
(4)• This application would be in conformity with
the general intent and purpose of Zoning By -Law
1592 with amendments thereto under Section 10 -
Agriculture Zone "A".
c
Application granted on motion by K. Schoenmaker and seconded
by E.F.R. Osborne. Carried.
CLASSIFICATION "E"
Application File No. 214-69 W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
William F. Forrest, Owner,
M&ry Jane Forrest,
R.R. North, Orono, Ontario,
for part of Lot 26, Conc V1,
Township of Clarke,
Submission
Application was made for exemption or partial exemption from
provisions of Sub -Division Control By -Law No. 1592 and amend-
ments thereto so as to permit the separation�of 1601x280'
being approximately 1 acre in area from the applicants' 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. William F. Forrest, 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, 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 September 8,
1969. The Committee noted the contents thereof;
Page 6
Meeting Committee of :adjustment October 1, 1969:
Mr. W. Kay Lycett made the following submissions:
(1) Mr. and Mrs. Forrest have owned their farm
property composed of the north half of Lot 26,
Concession 6, Clarke, since August of 1960. They
now desire to retire from the farming business
and .this application is for consent for the
retention of one acre at the north-east corner
of the farm premises.
(2) If this severance is granted,Mr. and Mrs.
Forrest intend to build a residence and live
there;
(3) Mr. Lycett submitted to the Committee for their
consideration and perusal a photostat copy of
page (1) of a deed dated 25th day of August, 1960.
Mr. Lycett requested that this be considered as
documentary evidence of ownership and the number
of acres, which on the deed is stated "containing
one hundred and twelve acres more or less."
Mr. Lycett further stated that he believed the circumstances of
this application fit- well into precedents established by the
Committee and referred in particular to Section 9.2 "Farmer
Retaining Lot" as in By -Law 1592 with amendments thereto: '
The Committee considered the facts presented and this application
was adjourned to enable the Committee to visit the site.
CLASSIFICATION "E"
Application File No. 215-69
Delbert J. Hallowell, Owner,
26a Triller Avenue,
Toronto, Ontario,
for part of Lot -9, Con 1V,
Township of Clarke,
Submission No."13",9/A-E9-193
,Application was made for exemption or partial exemption from
provisions of Sub -Division Control By -Law No. 1592 and amend-
ments,thereto so as to permit the separaticn of 3251x2020.7'
being approximately 15.07 acres in area from the applicant's
land.
Tie Secretary reported that 17 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of
Procedure.
Mr. Delbert Jo Hallowell, the applicant, accompanied by
his son-in-law Mr. James Redford, 2117 Westfield Dr., Mississauga,
Ontario, the proposed purchaser 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) ,A Plan of Survey, prepared by M.D. Brown,
Ontario Land Surveyor, 1106, Bbwmanville, Ontario,
dated August 25, 1969 and numbered 69123;
Mr. Delbert Hallowell made the following submissions:
(1) He is presently the owner of 30.49 acre's in
Lot 9, Concession 4, Township of Clarke;
(2) The property was purchased in 1949 and until
, , . _ _ , recently was occupied as a summer retreat;
(3) A permanent residence has now been erected on
the westerly 15.42 acres. This is to be a retire-
ment home. Mr. James Redford proposes to build
a home on the easterly 15.07 acres and will assist
with a small farming operation.
Page 7
Meeting of Committee of Adjustment October 1, 1969:
(4) Over a period of time the land has been cleared
and cropped, with the exception of 6 acres of bush,
abutting an abandoned C.N.O,R. Right -of -,Way;
Mr. Hallowell further stated, that in his opinion, this
would be an ideal "retirement" set up for himself and with
the help of his son-in-law a family farming operation would
be carried on; also this property is zoned "Agriculture A rr
r in by-law 1592 with amendments thereto.
The Committee considered the facts presented and this
application was adjourned to enable the Committee to visit the
property.
CLASSIFICATION "E"
Application File No. 216-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Charles Vertal Wilson Owners,
Hattie May Wilson,
Orono,.Ontario,
for part of Lots 3,4,5
Block "T", Police Village
of Orono, Lot 28, Con V,
Township of Clarke,
Submission No."c3"id.�.q-i€s
Application was made for exemption or partial exemption from
provisions of Sub -Division Control By&Law No. 1592 and amendments
thereto so as to permit the separation of 60' x 135' being
approximately 8157,'1 square feet in area from the applicants'
land.'
The Secretary reported that 20 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of
Procedure.
Mr. and Firs. Charles V. Wilson, the applicants, accompanied
by their agent W. Kay Lycett B.A„, Barrister & Solicitor, Orono,
Ontario, appeared in support of this application. No other
person appeared inssupport of or in opposition to this application.
The Secretary -Treasurer presented the following material
to the meeting::r
(1) Correspondence from W. Kay Lycett B.A., Barrister
& Solicitor, Orono, Ontario dated September 10,
1969. The Committee noted the contents thereof;
(2) A photostat copy of a sketch of survey as per a
registered Hanning Plan of Orono, with description
of the subject land attached; said survey dated Dec. 1955;
Mr. Lycett made the following submissions:
(1) The subject land fronts on Churchill Avenue, in
the Village of drono-
(2) The parcel, which Mr. and Mrs. Wilson will retain
is also shown as having its frontage along Church
Street and a flankage along said Churchill Avenue.
(3) Previous to the year 1958, Mr. & Mrs. Wilson obtained
two separate and distinct conveyances for these parcels
and obviously received two separate building lots ' '
as shown on the Plan of Subdivision and indicated on
the copy of survey;
c
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Charles Vertal Wilson Owners,
Hattie May Wilson,
Orono,.Ontario,
for part of Lots 3,4,5
Block "T", Police Village
of Orono, Lot 28, Con V,
Township of Clarke,
Submission No."c3"id.�.q-i€s
Application was made for exemption or partial exemption from
provisions of Sub -Division Control By&Law No. 1592 and amendments
thereto so as to permit the separation of 60' x 135' being
approximately 8157,'1 square feet in area from the applicants'
land.'
The Secretary reported that 20 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of
Procedure.
Mr. and Firs. Charles V. Wilson, the applicants, accompanied
by their agent W. Kay Lycett B.A„, Barrister & Solicitor, Orono,
Ontario, appeared in support of this application. No other
person appeared inssupport of or in opposition to this application.
The Secretary -Treasurer presented the following material
to the meeting::r
(1) Correspondence from W. Kay Lycett B.A., Barrister
& Solicitor, Orono, Ontario dated September 10,
1969. The Committee noted the contents thereof;
(2) A photostat copy of a sketch of survey as per a
registered Hanning Plan of Orono, with description
of the subject land attached; said survey dated Dec. 1955;
Mr. Lycett made the following submissions:
(1) The subject land fronts on Churchill Avenue, in
the Village of drono-
(2) The parcel, which Mr. and Mrs. Wilson will retain
is also shown as having its frontage along Church
Street and a flankage along said Churchill Avenue.
(3) Previous to the year 1958, Mr. & Mrs. Wilson obtained
two separate and distinct conveyances for these parcels
and obviously received two separate building lots ' '
as shown on the Plan of Subdivision and indicated on
the copy of survey;
Page 8 Q
Meeting of Committee of Adjustment October 1, 1969:
(4) This application is submitted basically upon
the fact that these lands were pre -subdivided
at an early date;
Mr. Lycett further stated that he believed there is sufficient
documentary evidence of the intention of -the parties to create
such separate building lots;
The Committee noted the following facts:
`(1) The applicants own no abutting lands;
(2) The area is zoned "R1" in by-law 1952 with amendments
thereto;
This application was adjourned to enable the.Committee to visit
the property.
CLASSIFICATION "A"
Applic_tion File No. 217-69
Mrs. Eleonore Adams, Owner,
Box 11, Newtonville, Ontario,
James Adams, Agent,
Box 111 Newtonville, Ontario.
for part of Lot 9, Con 1,
Township of Clarke,
Submission No.8'��7-�y-i5(
Application was made for exemption or partial exemption from
provisions of Sub -Division Control By -Law No. 1592 and amendments
thereto so as to permit the separation of 1341.x 200' being
approximately 26,800 square feet in area from the applicant'$
land.
The Secretary reported that 23 notices of the said hearing
had been mailed in accordance with Item 4 0£ The Rules pf
Procedure.
The Chairman'of the Committee, E. Richard Lovpkin, stated
that he had previous knowledge of this application and withdrew
with the members' consent. Mr. K. Schoenmaker, as senior member.
assumed the chair.
Mr. and Mrs. James Adams, Newtonville, Ontario,_ appeared in
support of this application. No other person appeared in support
of, or in opposition to this application.
Mr. James Adams, husband of the applicant Eleonorg Adams
made the following submissions:
(1) Mrs. Eleanore Adams is the registered owner
of the property which fronts on the-Newtonville Road
and also on Highway #2;
(2) A representative of Bell Telephone Company of Canada
approached Mrs. Adams requesting that she consider
selling a parcel of land 134'.x200' on the South East
Corner of Lot 91 Concession I. The proposed purchaser
considered this a number one choice for the location ,
of a new dial exchange building.
(3) *The building will be unoccupied as this will be an
automatic dial system;
(4) The grounds will be landscaped; fenced; and properly
maintained at all times and will be a credit to the
Community.
The Committee considered the facts presented and this application
was`adjcurned to enable the Committee -to visit the property.
CLASSIFIC,'=01Q "LIT
Page 9
Meeting of Committee of Adjustment October 1, 1969:
Application File No. 218-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Gordon Ivory Langstaff) Owners,
Diane Marguerite Langstaff
Kendal, Ontario,
for part of Lot 9 Con Vl,
Village of Kendal,
Township of Claije,
Submission No."A^ ai&-6°1-197
Application was made for exemption or partial exemption from
provisions of Sub -Division Control By -Law No. 1592 and amend-
ments thereto so as to permit the separation of a parcel of '
land approximately 99' x 165' being approximately 15,000 square
feet in area from the applicants' land.
The Secretary reported that 20 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, Orono, Ontario,
agent for the applicants 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
September 18, 1969. The Committee noted the
contents thereof;
(2) A pencil sketch of the proposed severance; -
Mr. W. Kay Lycett made the following submissions:
(1) Mr. and Mrs. Langstaff presently own to Ls 7,'8
and 9 in Block "U", in the Village of Kendal, Ontario;
(2) <There is a house situated on Lot 7 and another
house situated on, Lot 9. The second mentioned
house is rented to tenants who wish to buy the
property.
(3) This application is presented for the severance
of Lot 9 in order to, sell and convey tlae house
and property to the aforementioned tenants.
The Committee considered the facts presented and this application
was adjourned to enable the Committee to visit the property.
CLASSIFICATION
Application File No. 207-69
Grant Cooper, Agent,
Newcastle, Ontario,
Jacqueline Cooper, Owners,
John Albert Smith,
Newcastle, Ontario
for part of Lot 12 & 13, Con Vll,
Townshzp of Clarke,
Submission No. "B" 207-69-182
As business arising from minuL-es of the past meeting this
application was presented for further consideration.
No person appeared in support of or in opposition to this
application.
As a matter of record the Committee visited this.property
on Friday, September 26, 1969 and noted the following facts:
Page 10
Meeting of Committee of Adjustme-t October 1, 1969.
(1) The land is'generally rolling, sandy in texture and
covered in egergreens. As such it is eminently
-suitable as recreational or open space land;
(2) AreLs of the'farm,where flat areas or plateaus
existed had been cleared for agricultural purposes;
(3) In`regard to the property being retained by Joseph
Smith Jr., a large dam had been constructed and
waters were flooding into this dam which will create
a pond of some 2 or 3 acres in size. Quite obviously
each heir of the estate was desirous of developing
his land.as he saw fit;
(4) A large percentage of what had obviously been a
Christmas tree plantation hdd trees so large that they
would no longer be. suitable for Christmas trees
and would be better classified as reforestration;
(5) The proposed line of division was regular in that
the farm had been divided in the centre, except,that
the western half of the property (owner Jacqueline
Emily Cooper did have a tongue of land running easterly
from the west_ half into the east half immediately to
the south of the 8th concession. This tongue of land
gave access to the head waters of a stream and made this
land division reasonable and sensible in the circumstances.
After it rose.the stream flowed over the boundary and
into the dam mentioned above;
(6) It was clear upon inspection that the topography
corroberated NIr. Cooper's allegation that the tongue
of land had been granted for purposes of access to
water;
The Committee:
(1) Perused a.Plan of Survey prepared by M.D. Drown OLS;,
Bowmanville, Ontario, dated May 21, 1969, numbered
69023;
(2) Referred to the minutes of meeting of September 13,
1969 and noted the Mr. Cooper had verbally agreed
on behalf of his i his brother-in-law to a restrictive
clause in the deeds, Lo be as follows:
(a) Deed from John Albert Smith to Jac ueline Emil Coope
"Subject to the restriction, limitation and condition
that the 3.08 acre parcel of land shall be deemed to
be part of the 71.42 acre parcel, in spite of the
fact that it is technically severed by an unopened
road allowance."
(b) Deed from Jacqueline Emily Cooper to John Albert Smit
"Subject to the restriction, limitation and condition
that the 22.66 acre parcel of land shall be deemed
to be part of the 51.83 acre parcel, in spite of the
fact that it is technically severed by an unopened
road allowance."
Bearing in mind that.the application is to settle an estate,
this severance is granted to give each beneficiary clear title to
a single parcel of land.
Application granted on motion by K. Schoenrlaker and seconded by
E.F.R. Osborne. Carried.
CLASSIFICATION "E"
Page 11
Meetinq of Committee of Adjustment October 1, 1969:
Application No. 212-69 W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
P•Iilton W. Staples, Owner,
R.R. #2, Orono, Ontario',
for part of Lot 29, Con V,
Police Village of Orono
and Township of Clarke,
Submission No."B" 212-69-192
i'
As business arising from minutes of the past meeting, this
application was presented for further consideration.
W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario,
and Mr. Jan Ochonski, Orono, Ontario, the proposed purchaser
appeared in support of this application. No other person appeared
in support of, or<in opposition to this application.
The Secretary presented the following correspondence from ° '
I,ir. Horace Best, R.R. #2, Orono, 0 tario, dated September 22,
1969. The Committee noted the contents thereof and the Secretary
was instructed to include this letter in the minutes of the
meeting. " in regard to -the above application, I wish to
bring the following facts fo'the attention of your
Committee. (1) The Committee's app2'oval of this
application would automatically establish the
potential for a number of building lots, subject,
of course, to an approved plan of sub -division.
These lots are shown on a proposed plan of sub-
division, dated June 5, 1968 which I believe, has
been presented to your Committee by Mr. Ochonski.
This plan shows the easterly limit of parcel No. 3
situated 280' west of Main Street. (2) A study
plan of p-toposed sub -division of part of Lot 29,
Con 5 (being part of The Village of Orono) prepared
by Marshall, Macklin, Monaghan Ltd., dated Mar.` 102
1966 and nurrrbered P66-4, shows the easterly limit
of a 66' street allowance (running parallel to
Main St.) located 280' west of Main Street. (3) The
north boundary of parcel No. 3 abouts farm land owned
by the undersigned.
This letter is neither in support of nor in
opposition to Mr. Staples' application for severance
but rather is an expression of concern relating to
the possible use of the subject land once it has
been severed from Mrs. Staples' farm land and is
acquired by Mr. Ochonski, the proposed purchaser.
It is my considered opinion that the abutting
farm lands -are well suited for the residential
expansion<of The Village of Orono and that in the
foreseeable future will be required as such. This
opinion is supported by the report of Marshall, Macklin,
Monaghan Ltd. of a planning survey for the Village of
Orono and prepared in March of 1966.
While it is possible that any objection to the
use of the subject land and of adjoining lands owned
by Mr. Ochonski, does not concern your Committee, I
feel any objection to the Proposed use of the land
should at least be brought to the -attention of your
Committee as early as possible.
I, therefore, wish to advisa that, in the interest
of good planning as well as personal interest, I am
prepared to register an objection to any proposal
which Mr. Ochonski may set forth whereby a dwelling
might be constructed in such a location as would prohibit
or interfere with any street that may be required for
the future development of the general area as shown
on the aforementioned°drawing No. P-66-4.
Yours truly, (sgd. Horace R. Best"
Page 12
Meeting of Committee'of Adjustment October 1, 1969:
As a matter of record the Committee visited this property
on Friday'September 26, 1969 and noted the following facts:
'(1) The general topography was that the land sloped
from north to south in a gentle fall and a gully
ran parallel to Main Street through which spring
freshets would run southerly across the subject land;
(2) The proposal by Mr. Ochonski showed that a number of
house lots would be in the path of this water run off
area;
(3) The Committee had been made aware of a letter filed
by Mr. Horace Best an abutting owner and asked him
to accompany them on their inspection'to indicate
on the ground the subject of his concern;
(4) Mr. Best mentioned the fact that the Police Village
some years ago had had a study plan of proposed sub-
division prepared`by Marshall, i• iacklin,Monaghan Limited,
Ontario Land Surveyors, 1480 Don Mills Road, Don Mills
Ontario dated March 10, 1966, dwg. No. P-66-4. A
Possible road pattern and lot arrangement was shown on
such study plan. The,relevant part of the Plan reads
as follows: " The north south road has been located to
follow the existing depression in the area, thus
facilitating storm drainage and permitting the siting
of houses to advan�age on the higher ground. This
road is shown carried to the north and south boundaries
of thelparcel to allow for possible future`expansion.
In`the case that such is not required, the layout can
be modified to yield additional building space. Branch-
ing off this road'to the ea.st, is a cul-de-sac to
utilize the steeply sloping south east corner of the
area, and 'to the west, two loop roads to develop the
western portion to the Vi 11 age 'boundary.'
Access to the area is from Main Street by .two roads,
one to the north and one as a ,westerly extension of
n
IvIillso' Hill Drive. The latter is located between tWo
existing houses, and would necessitate the removal of
an existing barn. It has been indicated that such an
access is feasible, and that there would be no objection
to the removal of the barn. This road has been carried
through to the western boundary of the lands to allow
for possible westerly expansion, if required for future
development.
The study plan shows that'approximately 114 residential
building lots can be provided in the area. The minimum
lot size has been set at 72500 square feet, a reasonable
standard where only a municipal watersupplyis available."
The Committee compared the Plan of Survey now presented with
the Study Plan and noted that the proposed Ochonski east - west
development interfered 'with the recommended north -south development
proposed in the Marshall, Macklin and Monaghan plan.
The Committee asked Mr. Ochonski to explain what arrangements
he had made to present adjoining owners from being land locked
or north south development storm drainage being obstructed if
this severance was granted. 'Mr. Ochonski replied that he had
made -arrangements with Mr. Staples to grant him access easterly
out to Main Street and that he would be willing to have a
Surveyor ensure that no water run off problem was generated
by his proposals by providing adequate facilities re drainage.
The Committee: (1) indicated that they would bring this
proposal to the attention of Mr. Horace Best the abutting
owner for hiS information;
(27 Mr.`Ochonski was advised that the Committee
felt they should consider the pre-existing Plan and they might
-make requirements to reconcile the two approaches.
This application was adjourned for further consideration.
CLASSIFICATION "H"
Page 13
Meeting of Committee of Adjustment October 1, 1969:
Owing to the lateness of the hour, this meeting was adjourned
at 1:00 p.m. and the Committee arranged to meet on Wednesday
October 8, 1969 at 1:00 p.m. to give further 'consideration to
the following applications:.
184-69 Conley James Battams
Verna Muriel Battams-
% 212-69 •` Milton W. Staples
Secretary-Treat4irer aix
MEETING
of the
COMMITTEE OF ADJUSTMENT
Wednesday, October,8, 1969 at 1:00 p.m.
Council Chamber
Present: E.R. Lovekin, Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
The minutes of meetings September 13, 1969 and October 1, 1969
were approved as read on motion by K. Schoenmaker and seconded
by E.F.R. Osborne. Carried.
Application File No. 184-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Conley James Battams, Owners,
Verna Muriel Battams,
Leskard, Ontario,
for part of Lot 31, Con Vll,
Township of Clarke,
Submission No. /3 i5y-6y-i F3
As business arising from minutes of past meetings this application
was presented for further consideration.
The Committee considered the following facts:.
(1) Mr. and Mrs. Battams acquired their entire holding
under two separate deeds, the first on January 12,
1962 and the second property which lies adjacent
to the south on August 10, 1965 and registered as
N26740 on that date;
(2) A covering letter from their Solicitor dated August
119 1965 stated in part "this was registered as
a separate transaction and you:may sell it separately
when or if you wish."
This establishes without doubt that there is definite
documentary evidence of prior intention to sever. The sub -division
control by-law #1494 which came into effect on 15th November
1965 has_. created the problem which theynowseek to redress.
The Committee further noted that correspondence from M.D.
Brown OLS., 121 Queen Street, Bowmanville, Ontario, dated
September 23, 196i_restablished that the subject lands are
situated in an "A" Zone, thereby removing all doubt as to the exact
location. _