HomeMy WebLinkAbout10/27/1969_ MEETING
of the
COMMITTEE' OF ADJUSTd;NT
Monday, October 27, 1969 at 7:00 p.m.
Council Chamber
Present: E.R. LoVekin Chairman,
K. Schoenmaker, Member,
s E.F.R. Osborne, Member,
i Mrs. Ellen M. Yeo, Secretary -Treasurer,
Horace R. Best, Zoning Administrator
The minutes of meeting October 8, 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,
Bar)ister & Solicitor,
Orono, Ontario,
Conley James Battams, Owners,
Verna Muriel Ba.ttams,
Leskard.,_O.nta.rio,
for part of Lot .31, Con V117
Township of Clarke,
Submission No. "B" 184-69-183
As`business arising from minutes of past`meetings this
application was presented for further consideration.
W. Kay Lycett B.A., Barrister 8 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) A`Plan of Survey prepared by Donevan & Fleischmann,
Land Surveying & Engineering, Oshawa, Ontario,
dated August 2nd, 1962, Job 410264;
The Committee:
(1) Perused the Plan of Survey,
(2)` Referred to the minutes of the following
meetings: April 147 May 5, June 2, July 7,
September 13, October 11 October 8, 1969;
(3) Recalled their inspection of the site on April 26, 1969;
and concluded that granting this application would be in conformity
with their policy where sufficient documentary evidence of prior
interftion to sever has been presented and the severance will
be in conformity with the character of the area and will not
create or aggravate, any unsatisfactory conditions.
Application granted on motion by E.F.R: Osborne and seconded by
K. Schoenmaker. Carried.
CLASSIFICATI011 "K"
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Pape 2
Meeting of Committee of Adjustment, October 27, 1969;
Application File No. 201-69
W. 'Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ont,�rio,
Bertha Violet Little, Owner,
770 Hortop St.,
Oshawa, Ontario,
for part of Lots 6 & 77
'part of road' allowance
between Lots` 6 & 7
all in Con' Vl,
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.
The Secretary -Treasurer presented the following material
to the meeting
L (1) Correspondence from W. Kay Lycett B.A., Barrister
& Solicitor, Orono, Ontario, dated.October 9,1969;
(2) A Sworn Affidavit signed by Bertha. Little and
dated October 8, 1969. The Secretary was instructed
to include<the facts of the Affidavit in the minutes
of the meeting:: It I, BERTHA LITTLE, of the
City of Oshawa, in the County of Ontario,
Widow, MAKE OATH AND SAY:
(1) I am the applicant in the above
mentioned application for severance
pending before the Committee of
Adjustments of the Township of Clarke.
(2) The three parcels of land to be affected '
as'a result of this applic<.tion are to
be held by myself and members of my family,
for our own purposes, the two members of
my family being my lawful son,"Barry
Wilfred Little, and my daughter, Joan
Beverley Haynes.
(3) Also in connection with this application,
THIS WILL coiq= RM my undertaking to
effect or cause to be effected'a conveyance
of the Easterly 66 feet of the lands in this
application to the Corporation of the Town-
ship of Clarke, for the nominal sum of One
Doll.r ($1.00) at any time during ten years
from the dale hereof, if and when the said
Corporation should request such a conveyance,
AND I UNDERTI�KE to reserve such right in
favour of the said Township of Clarke in
'any Deeds affecting the subject lands.
(signed) ."Bertha Little"
The Committee::
(1) Noted the facts stated in the Sworn Affidavit;
(2) Perused the Plan of Survey;
(3) Referred to the minutes of meetings June 2, 1969;
September_ 13, 1969; October 1, 1969
(2) Recalled their inspection of the property; and
were of -the opinion that the applicant had complied with the
conditions imposed as evidenced in former minutes.
(5) Perused the deeds to three separate parcels, created
as a result of the application and noted that Mr.
Lycett had included the necessary restrictions in
the said deeds (ref. minutes Sept 1311969;)
Applicat=ion granted on motion by K. Schoenm,�.ker, seconded by E.F.R.
Osborne. Carried.
CLASSIFIC_-'=ON "E!'
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Page 3
Meeting of Committee,of Adjustmeot, October,27, 1969;
Application File No. 205-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Harold Ball,_' Owner,
R.R. 42, Orono, Ontario,
for part of Lots 31 & 321
Township of Clarke,
Submission No. "A"205-69
As business arising from minutes of past meetings this
application was brought forward for further consideration.
W. Kay Lycett B.A., J3arrisL-er & Solicitor, Orono; Ontario
as agent for the applicant appeared in support of this application.
No other person appeared in sup;,:ort of, or in opposition to this
application.
Mr. Lycett requested that this application be set over
and this application was adjourned. ` '
CLASSIFIC;=TION "P"
Application File No.�210-69
Application File No. 211-69
As business arising from minutes
applications were brought forward for
No person appeared in support of
applications.
Edward R. Woodyard,' Agent,
Orono, Ontario,
Miss Helena J. Waddell, Owners,
Miss Catherine A. Waddell,
Orono, Ohtario,
for part of Lot 29, Con V,
Police Village of Orono,
Township of Clarke,, ,
Submission No. "B"210-69-190
"B"211_69-191
of the past meeting:: these
further consideration.
or in -opposition to' these
The Secretary was instructed td inform the agent, Mr.
Edward R. Woodyard that these applications were adjourned until
the next meeting to be held on'Nor2mber 24, 1969.
CLASSIFICATION "A"
Application File No. 214-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario`,
William F. Forrest, Owner, -
Mary Jane Forrest,
R.R. North, Orono, Ontario,
for part of Lot 269Conc. V17
Township of Clarke,
Submission No. "B" 214-69-184
As business arising from minutes of thepast meeting this
application was brought forward for further -"consideration.
GJ. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, as
agent for the applicants appeared in support or this application.
No other person appeared in support of, or in opposition to this
application. <
c e r
The Secretary -Treasurer presented t'ie following material to
_ the meeting:
(1) Correspondence from W. Kay Lycett B.A., Barrister
- & Solicitor, Orono, Ontario, dated October 22, 1969.
The Committee noted the contents thereof;
(2) A Plan of Survey, prepared by M.D. Brown, OLS., 1106,.
Bowmanville,.Ontrrio, dated October 14, 1969, 469145;
Page 4
Meeting of Committee of Adjustment, October 27, 1969;
As a matter of record the Committee visited this property
at 12:00 noon on Saturday, October 25, 1969 and noted the
following fdcts:
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(1)- The property'was formerly known as the Evan Quantrill
property and is on the south side of the 7th line;
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(2) Thd present owner, William F. Forrest has farmed
the property for slightly more than 9 years;
(3)' There was in evidence a full line of large farm
machinery and equipment; several thousand bales
of hay were in the barn; several hundred bushels
of grain in the granary and approximately 50
head of beef cattice could be seen in the fields
and in the barn;
(4) From these facts the Committee were of the opinion
that this applicant was conducting a bona fide
farming operation.
(5) The applicant informed the Committee, due to a
diabetic°condition, he was ceasing the farming
operation;
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The Committee:.
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(1)z Perused the Plan of Survey;
(2)� Referred to the minutes of meeting October 1,
1969; and
concluded that this was a bona fide case of a farmer terminating
his farming operation by reason of ill health and that he was
entitled to retain a lot under Subsection "J" of Section 1,
Appendix 1, By -Law 41651.
(3) A restrictive clause is to be contained in the deed to
the subject property as follows: "Subject to the restriction,
limitation and condition that the lands herein described shall
not be sold, transferred or conveyed, or any equity therein,
with the exceution'of a mortgage, be sold, transferred or con-
veyed to any person, firm or corporation other than to a person
who is a member of the Forrest family for a period -of at least
5 years from L -he date upon which 'the decision' of the Committee of
Adjustmenct of the Township' of Clarke to the within conveyance
becomes final, such date to be shown on the copy of the decision
of the said Committee which is attached to and forms part of
this Deeds"
Application granted on mbtion by E.F.12. Osborne and seconded by
K. 6choenmaker. Carried.
CLASSIFICATION' "E"
Application File No. 216-69 W. Kay Lycett B.A., -,',gent,
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,
Townshi of Clarke,
Submission No. "B" 216-69-185
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As business arising from the past meeting this application}
was brought forward for further consideration.
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Page 5
Meeting of Committee of Adjustment, October -27, 1969;
Mr. Charles V. Wilson 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.
As a matter of record the Committee visited the property
on Saturday, October 25, 1969..
The following facts were noted:
1. The property faces on Churchill Avenue
immediately East of Church Street in the Village
of Orono;
2. The Orono Public School borders the south end
of the property as shown on the Plan of Survey
and the school"owns several acres of bottom
land or flood plain to the east of the lot in
question adjacent to Highway 4115, but there is
no road over to 4115 shown on -the amended Perrin
,<Plan and there is, of course, no entry to the said
Highway.
3. The Committee noted that the present application
predates the passing of By -Law 1651, a By-Law-
to
y-Lawto amend Zoning By -Law Number 1592, as amended
by By -Law Number 1613.
4. The Committee perused Schedule "A" Township of
Clarke, Map 3,"Detail of Orono Police Village Area"
and noted it is specifically mentioned that the
Hanning Plan for Orono is shown`as'revised by-
A.T. Perrin P. Eng (1952).
This mould indicate to the Committee that the
By -Law was, passed with the knowledge that these
lots were in existence but it is further noted
that the division of the lots is not shown on
the south side of Churchill Ave, but the lot
division by�Perrin is indicated on the north
side of the Avenue. The only explanation would
appear to be that houses were built on the north
side of the street whereas the lots created by
Perrin on the south haves not as yet'been built
upon.
The applicant, Mr. Wilson, informed'the Committee that the
land to the East, namely, 3 lots of approximately 66' frontage
were owned by his son Jack B. Wilson, 76 Liberty St., Bowmanville,
Ontario.
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The Committee noting this fact, rejected the idea that they should
require the proposed severance be increased in size at the expense
of abutting lands when they were not owned by -the applicant
The Committee were of the opinion that Mr. dilson should be glearly
warned that this Committee has no jurisdiction whatsoever in the
granting of building permits and the fact that the land is
severed does not automatically entitle the purchaser to a build-
ing permit. The question as to the entitlement to a building
permit is a matter between the applicant and the Township authorities.
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Page 6
Meeting of Committee of i.djustment, October 27, 1969;
The Committee:
1. Referred to the minutes of meeting October 1, 1969;
2. Perused the sketcH Plan of Survey, and
based on the facts as outlined above and essentially on the facts
that the subject land was a lot of record on a previously exist-
ing Plan, whose existence as a known legal `entity clearly
pre -dates the By -Law, concluded that this application should be
granted.
Application granted on motion by K. Schoenmaker, seconded by
E.F.R. Osborne. Carried.
CL_t.SSIFICATION "A"
Application File No. 217-69 Mrs.IEleonore Adams, Owner,
Box 11, Newtonville, Ontario,
James Adams, Agent,
for part of Lot 9, Con 1,
Township of Clarke,
Submission No. "B" 217-69-186
As business arising from minutes of the past meeting
this application was presented for further consideration.
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-. E.R. Lovekin, Chairman oP the Committee withdrew from
this application and Mr. K. Schoenmaker as senior member assumed
the chair.
The Secretary -Treasurer presented the following material
to the meeting: -
(1) A Plan of Survey prepared by Horton & Wallace,
Professional Engineers & Ontario Land Surveyors,
306 Dundas Street W. _�Ihitby, Ontario, dated 23rd
September, 1969, numbered 695256;
As a matter of record the Committee 'Visited the property
at 9:15 AM on Saturday, October 25, 1969 and the following facts
were noted:
(1) To the east the subject lands front on a paved,
bT-acktopped road which is an access road to
Highway #401;
(2) The land is level, presently used as pasture
and immediately to the south is a large modern residence;
(3) The applicants propose to keep the lands to the west
and north where there is a growth of wild apple trees.
(4) The approval of the severance of the subject land
would in no way landlock the applicant's remaining
property.
The Committee r
(1) Perused the Plan of Survey;
(2) Referred to the minus of meeting Octol;er 1, 1969
and concluded that public interest is being served
and this application would be in conformity with
Section 3, subsection 10 of by-law 1651, a by-law
to amendxxx Zoning by-law 41592, as amended by
by-law 41613.
Application granted on motion by E.F.R. Osborne, seconded by K.
Schoenmaker. Carried.
CLASS IFIC.�TTON "L"
Page 7 ,
Meeting of Committee of Adjustment, October 27, 1969;
Application File No. 218-69 W. Kay Lycett B.A., Agent,
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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 Clarke,
Submission "B" 218-69-187
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,
as agent for the applicants appeared in support of this application.
No other person appeared in.support of, or in opposition to this
application.
'The Secre`tary-Treasurer presented the following material
to the meeting:
(1) A Plan of Survey prepared by M.D. Brown OLS., .11062
Bowmanville, Ontario, dated October 22, 1969
numbered 69147;
As a matter of record this property was visited by the
Committee on Saturday, October 25, 1969.
The following facts wereenoted:`
(1) The applicants own three lots in the Hamlet of Kendal
(lots 7,8,91 Block "U");
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(2) 'The applicants inherited a house in 1956 and
bought the house to the West in or about the year
1966; -
(3) The applicants now wish to sell,their former home
and property to the tenants presently occupying
the said home; (Lot 9);
(4) This application is requested to allow the
severance through the centre of Lot 8, thereby
adding extra land to lot 7 and lot 9.giving a
minimum of approximately 152000 square feet to
each property.
The Committee: `
(1) Perused the Plan of Survey;
(2) Referred to the minutes of meeting October 1, 1969
On the basis that no new buildings would be constructed and that
the sole bffect of'this decision is to create separate lots for
existing separate buildings the Committee concluded this application
should be granted.
Application.granted on motion by K. Schoenmaker. Seconded by.
S.F.R. Osborne. Carried. -
CLASSIFICATION "C'T
♦1.
Page 8
Meetin i
. -of Committee of Adjustment,
Applic, tion File No. 220=69
October 27, 1969;
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Clinton Brown, Owners,
Raymond Trim,
Newtonville, Ontario,
for part of Lot 9, Conc. 11,
Township of Clarke,
Submission No "B" 220-69-188
Lipp is=tion was made for exemption.or parti-al exemption from
provisions.of Sub -Division Control By -Law No. 1592 and amendments
thereto so as to permit the separation of 661x165' being approximately
10,890 square faet in area from the applicants' land.
.The Secretary reported that 23 noticeseof,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,
as agen"t for the applicants appeared in'support of this application.
Mr. John Theodore Willems, tenant of the applicants also appeared.
No other person appeared in support of, or in opposition to this
application-. 1
_ e e
The Secretary -Treasurer presented the fbl4.owing material
to the meeting:.
(1) rCorrespondence from W. Kay Lycett B.A.,
Barrister & Solicitor, Orono, Ontario, dated
October 10, 1969. The -Committee noted the
contents thereof;
W. Kay Lycett B.A., Barrister &• Solicitor; age�t for'the
applicants presented the following material to the meeting:
(1) Agreement of Sale 4N150792 rs_gistered on the
12th day of October 1961 at 4:02 p.m. in the
Registr'r Office for the West Riding of the
County of Durham.-
As
urham.
As a matter of record the Committee visited this property
on Saturday, October 25, 1969 and met Mr. Brown who pointed out
the evidence on the ground and explained the application.
The following facts b✓e-_e noted:
(1) Mr. Clinton Brown was the owner of `the large brick
home in the Hamlet of Newtonville;
(2) The property in question o✓as purchased by Mr. Brown
and his son-in-law Mr.:Trim in October of 1959;
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(3) In October 1961 they entered into a long form
Agreement of Sale of this property to Mr. and Mrs.
John Theodore Willems. Mr. Willems entered into
possession of the property -and has remained there
since that time.
(4) Water and s9wage are not -available in the Hamlet
of Newtonville;
(5) This application is to effect the separation of the
subject land from the abutting land owned by one
of the joint tenants, Mr. Clinton Brown;
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October 27, 1969;
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Clinton Brown, Owners,
Raymond Trim,
Newtonville, Ontario,
for part of Lot 9, Conc. 11,
Township of Clarke,
Submission No "B" 220-69-188
Lipp is=tion was made for exemption.or parti-al exemption from
provisions.of Sub -Division Control By -Law No. 1592 and amendments
thereto so as to permit the separation of 661x165' being approximately
10,890 square faet in area from the applicants' land.
.The Secretary reported that 23 noticeseof,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,
as agen"t for the applicants appeared in'support of this application.
Mr. John Theodore Willems, tenant of the applicants also appeared.
No other person appeared in support of, or in opposition to this
application-. 1
_ e e
The Secretary -Treasurer presented the fbl4.owing material
to the meeting:.
(1) rCorrespondence from W. Kay Lycett B.A.,
Barrister & Solicitor, Orono, Ontario, dated
October 10, 1969. The -Committee noted the
contents thereof;
W. Kay Lycett B.A., Barrister &• Solicitor; age�t for'the
applicants presented the following material to the meeting:
(1) Agreement of Sale 4N150792 rs_gistered on the
12th day of October 1961 at 4:02 p.m. in the
Registr'r Office for the West Riding of the
County of Durham.-
As
urham.
As a matter of record the Committee visited this property
on Saturday, October 25, 1969 and met Mr. Brown who pointed out
the evidence on the ground and explained the application.
The following facts b✓e-_e noted:
(1) Mr. Clinton Brown was the owner of `the large brick
home in the Hamlet of Newtonville;
(2) The property in question o✓as purchased by Mr. Brown
and his son-in-law Mr.:Trim in October of 1959;
e _
(3) In October 1961 they entered into a long form
Agreement of Sale of this property to Mr. and Mrs.
John Theodore Willems. Mr. Willems entered into
possession of the property -and has remained there
since that time.
(4) Water and s9wage are not -available in the Hamlet
of Newtonville;
(5) This application is to effect the separation of the
subject land from the abutting land owned by one
of the joint tenants, Mr. Clinton Brown;
Page 9
Meeti-ng of Committee of Adjustment„ October 27, 1969;
(6) The Committee rioted an actu-,:l ;round measurement;
of the subject land is 11,550 square feet in area;
(7) The Committee also noted that there was no building
on the 66' strip between the Brown house and the
edge of the property to be severed;
(8) There was no evidence of bubbling tile bed and
no evidence of any surface water problems;
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(9) The land to the north of the subject land is a pasture
_field being the south end of a farm and there would
be no crowding of houses on the northerly boundary;
Mr. Lycett was invited to make his submission and replied
that Mr. Brown h,ad given all the facts of the application.
Mr. Willems was then invited to make his submission and
he stated that the westerly line of the lot, as surveyed, appeared
closer.to his house than he had thought when'he purchased the
land. He did admit, however, that Mr. Brown infcrmed him when
he purchased the property that he was not exactly too sure where
the western boundary was situated. The Committee explained to
Mr. Willems that they have no jurisdiction with regard to boundaries
established by an Ontario Land Surveyor and offered to postpone
their decision'and give him a chance to fault the survey filed
with the Committee if he wished to do so. Mr. Willems indicated
that he had no desire to do so, and the Committee, therefore,
rendered their decision.
Based on the.above facts and particularly on the fact
that documentary evidence in the form of a registered Agreement
of Sale was presented by Mr. Lycett for perusal by the Committee,
this application was granted on motion by K. Schoenmaker and
seconded by E.F.R. Osborne. Carried.
CLASSIFICATION "F"
Application File No. 221-69
Helen Beatrix Lovekin, Owner, `
Newcastle, Ontario,
for part of Lot 8, Conc. 11,
Township of Clarke,
Submission No. "B" 221-69-189
Applic?tion 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 72.83' x206' being
approximately 14,860.58 square feet in area from the applicant's land.
0
The Secretary reported that 17 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. E.R. Lovekin, Chairman of the Committee withdrew from this
application and Mr. K. Schoenmaker as senior member assumed the
chair.
Mrs. Helen Beatrix Lovekin, the applicant, appeared in support
of this application. No other person appeared in support of, or in
opposition to this application.
Mrs. Lov�lcin presented the following material to the meetings
(1) Deed - Murray Carlton Payne et ux to Joseph P. Coulson,
_ (in trust) registered at 38 minutes after 3 o'clock
p.m. of L -he 4th day of October AD1965 as number
N27372 For the Township of Clarke,with legal
description and a Plan of Survey attached,pre-
pared by M.D. Brown OLS Bowmanville,Ontario,
dated September 30,1965,;#65125 with the land
intended to be conveyed outlined in red;
Page 10
Meeting of Committee of Adjustment,, October 27, 1969;
(2)- Deed - Murray Ca.r.lton Payne et ux to Helen
Beatri.x Lovekin Cin trust) registered
at 42 minutes after 3 o'clock p.m.
of the 4th day of October AD 1965 as
#N27376 for the Township of Clatke
with legal description and Plan of Survey
attached prepared by M.D. Brown, OLS.,
Bowmanville, Ontario, dated September 30,
1965 #65125 with the land intended to
be conveyed outlined in red;;
(these deeds are registered in the Registry Office
for the Registry Division of the West Riding
of the County of Durham)
Mrs. Lovekip explained that through an error the papers containing
the descriptions were interchanged and although the lands intended
to be conveyed were properly shown outlined in red, the correspond-
ing descriptions were reversed. It had been revealed that 2
descriptions in registered deeds do not correspond to the lots,
illustrated in attached surveys, This had resulted in these 2
portions melding with adjoining lots. It is necessary to file
correcting deeds giving the description shown in the attached
surveys in the original deeds. The purpose of this application
was, therefore, to correct this error by authorizing the giving
of correcting deeds to answer a.requisition on title.
The Committee: ,
41) Perused the.Plan of Survey; examined the deeds
and were satisfied that this was.a bona fide
mechanical error and that deeds of correction
should be approved to remove any doubt as to
the lands intended to be conveyed.
Application granted on motion by E.F.R. Osborne, seconded by
K. Schoenmaker, Carried. CLASSIFICATION ^O" I I
Application File No, 212-69
W. Kay L.cett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Milton.W. Staples., Owner,.
R.R. 42, Orono, Ontario,
for part of Lot 29, Con V,
Police Village of Orono,
and Township of Clarke,
Submission No. "B" 212-69-192
As business arising from minutes of past meetings this
application was`brougtit forward for further consideration,
W, Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario,
as agent for the applicant and Mr. Jan Ochonski the proposed
purchaser appeared in support of this application. 'Mr. Horace R.
Best,.an abutting owner -also appeared. No othep person appeased
in support of, or in opposition to this application.
The Secretary -Treasurer presented the following material
to
_;the meeting:
(1). A copy of correspondence addressed to Mr. Jan
Ochonski, R.R. #2 Orono, Qntario, from Arthur
G. Low,_Secretary-Treasurer; Clarke Planning
Board. The Committee noted the contents thereof
and instructed the Secretary to include the facts_,
in the minutes - "Dear Sir: Having examined the Plan
of Sub -division in Lot 29;Conc.5,Toc¢nship of Clarke,
submitted on October 16th,1969, the 'Planning Board is
of the opinion that this plan will not conflict with
any,plans which may be developed in the forseeable
future. Yours truly_,(signed) "Arthur G. Low"
Clarke Planning Board.
Secretary -Treasurer,
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Page 11
Meeting of Committee of Adjustment, October 27, 1969;
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The Committee invited Mr. Best to make his submissions and he
replied that he no,:,v wished to withdraw his per, onal objection
to this application.
Reference was made to the following Plans of Surveys:
(1) Marshall Macklin Monaghan Limited, OLS
1480 Don Mills Rd. Don Mills, Ontario,
Study Plan of Propoged Subdivision dated
March 10; 1966, Dwg. No. P-66-4;
(2)' M.D. Brown OLS, Bowmanville, Ontario, dated nj
December.23, 1966, #66148;
(3)_ M.D. Brown OLS, Bowmanville, Ontario, dated
June 5, 1968 being a draft Plan of pr=oposed subdivision;
(4) M.D. Brown OLS, Bowmanville, Ontario, dated E)
August 22, 1969 #66148 "A";
(5) M.D. Brown, OLS., Bowmanville, Ontario dated
August 28,_1969, #66148"A",; Additions September 2, 1969;
Additions,Oct 7, 1969 Proposed Development;
The Committee informed the agent'Mr. W. Kay Lycett and
the proposed purchaser Mr. Ochonski that they would dispose.of
this matter at the next meeting and.to do so they wished Mr.
M.D. Brown OLS., Bowmanville, Ontario to appear to explain
drainage lines and to illustrate that the drainage lines pro-
posed from one sub -division to- another will be consistentwith
sound planning practice.
The Secretary was instructed to correspond with I°Ir. Arthur
Low, Secretary of the Planning Board and with Mr. M.D. Brown
requesting their presence at the next meeting to be held on
November 2A, 1969.
This applic_:ticn was adjourned for further consideration.
CLASS, FICATION, "E"
Application File No. 215s69 Delbert J. Iiallowell, Owner,
- - 26a Triller Avenue,
Toronto, Ontario,
- for part of Lot 9, Con 1V,
Township of Clarke,
Submission Na."B" 215-69-193
As business,4rising from minutes of meeting October 1, 1969
this application was brought forward for further consideration.
No person appeared in suppoft of, or in opposition to this
application.
As a matter of record the Committee visited this property
at 10:15 am on Saturday 25th October, 1969. The following -facts
were noted:
(1) The property is located on the nopth side of
the 4th Concession, approximately 1/4 miles
vest of the Hamlet of Crooked Creek;immediately to the west
the property owned by one Mrs. Lewis Tiffin (Ref.B197-69-172)
? (2) Three buildings were.seen on the property:
(a) A frame dwelling was closed in but no
hydro was connected and as yet was not
ready for occupancy due to unfinished-
, . , - - - rooms. It was, however, a neat appearing
structure.
Page 12,
Meeting Committee of <,djust-ent October 27, 1969;
(b) A smaller frame cottage- apparently occupied
as a dwelling'asevidenced by the rile of
wood for fuel beside -the building and the
connection of hydro to this cottage. The
applicant informed the Committee that this
cottage had been occupied for the past 12 years.
The applicant also stated that his father
had a smgll building -on the property some years
ago, but since his decease, this bu_lding had
been sold and moved --from the property; --
(e) A metal clad implement shed in which was stored
a tractor; farm tools; two g.cain bins. This
building was obviously a driving or machinery
shed used,in conjunction with a.small agri-eultural)
operation. t
(3) Approximately 25 acres of land had been beautifully
summer fallowed and,was well worked up ready for
spring planting. The cultivated area runs north
from the road and is bounded by a woods containing'
secondary growth. In walking over the land it was
obvious that it had been well worked, plowed and
cultivated many times.
(4) A set.of discs and a plow werm s.tting next to
the metal clad shed.
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After due consideration the Committee concluded that this
application should be adjourned for further consideration at
the next meeting to be held on November 2.4, 1969 and the Secretary
was instructed to notify the applicant accordingly.
Application. adjourned. c
CLASSIFICATION "C"
Application File No. 219-69
Messrs. Strike & Strike, Agent,
Barrister & Solicitors,
Bowmanville, Ontario,
Sam Buma, Owner,
RoR6'44, Bowmanville, Ontario,
for part of Lot 35, Con 1V,
Township of Clarke,
Submission No. "B" 219-69-194
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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 5001x 1742' being
approximately 20 acres in area from the applicant's land.
The Secretar� 7 reported that 22 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of
Procedure.
M.B."Kelly B. Comm. LL.B,, of Messes. Strike & Strike,
Barristers & Solicitors, Bowmanville, Ontario, as agent for the
applicant appeared in support of this application. No other person
appeared in support of, or in opposition to this aprlicationl
The Secretary -Treasurer presented the following material
to the meeting:.
(1) Correspondence from Messrs. Strike & Strike,
Barristers & Solicitors, Bowmanville, Ontario,
dated September 24 and October 16, 1969. The
Committee noted the contents thereof;
(2) A pencil sketch of the proposed severance•,
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Page 13,
Meeting Committ^e of ?.djustment October 27, 1969;
Mr. Ke7.1y was invited to make his submissions and he
referred to°the aforementioned correspondence. The Committee
instructed the Secretary to include the pertinent facts of
this letter in the minutes: " The lands concerned in this
application are approximately 20 acres at the � `
south east corner of Lot 35 in the 4th concession
of the Township of Clarke having approximately`S00"
feet frontage and 1742 feet in depth. Three or four
acres of the land at the front or south of the property
is sandy loam while the balance of the property to the
north istswamp and bush which is capable of being drained.
Mr. Buma states that the land is not valuable to him as
farm land and thence his application to have a separation
so that the parcel r7n be sold. The parcel for which
separation is requested is fence,' arrd+ tRpe survey woulr
describe the property as fenced." (signed) "A.A.M.Strike"
Strike & Strike
As a matter of record the Committee visited the site on
Saturday, October 25, 1969 and spoke to Mr. S. Buma, the
owner. The following facts were noted:
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1. Por. Buma indicated to the'Committee`that the land was of
no value to him for agriculture purposes as he had lost several
cattle which were pasturing in the area, apparently due to some
poisonous feed. These losses had occurred over a period of
time indicating some perm -anent poiA®nous condition.
2. M;. Buma also indicated that he would replace the 20 acres
of land by purchasing a similar acreage of abutting lands if
this were p>ssiblA as his agricultural operation required the
total acreage owned by him.
The Committee considered the facts presented and informed
Mr. Ke-ly that they would require -
(a) A Sworn Affidavit from Mr. Buma verifying all
the facts;
(b) A statement from the Veterinary who had examined
,the cattle referred to above;
(c) Expert opinion from the Department of :agriculture
whether or not it would be possible to eradicate
this poisonous vegetation.
.This application was adjourned for further consideration
at the ne;ct meeting.
CLASSITIC.'=OId� "E"
Meeting adjourned at 11:30 p.m.
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Secretary-Treasu.r-r