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HomeMy WebLinkAbout03/13/1968MEETING of the CONMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Wednesday, March: 13, 1968, at 8:00 p.m. Council Chamber E. R. Lovckin, Chairman, K. Schoenmaker, Member, CE.F.R. Osborne, Member, airs. Ellen M. Yeo, Secretary -Treasurer, Minutes of meeting of February 19, 1968 were approved as read, on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. Application File No. 94-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Olive Marie Pedwell, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 30, Con. II, Townsh:i.n of Clarke, Submission No. "B" 94-67-81 This application was brought forward for further consideration by the Committee in order to clarify the question of the legal description on the deed submitted to the Secretary for approval. W. Kay Lycett B.A., Barrister & Solicitor, at Orono, as agent for the applicant, appeared in support of this application. No other person appear. -,d 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 February 29, 1968. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown O.li.S., Bowmanville, Ontario, dated January 23, 1968 numbered 67060A with legal description attached. (This Plan and description corrected an error in the former description). The Committee noted the following facts: (1) This application had been granted at the meeting on December 18, 1967. (2) The applicant, Mr. Iiaurice H. Pedwell, upon expiration of the time for notice of appeal previously tendered an Agreement of Sale Jiith an amended Plan of Survey attached. The Committee was of the opinion that this was not a valid transfer of title under the Planning Act and, therefore, the Committee declined to affix their stamp of approval on an Agreement of Sale. (3) A proper deed now having been drawn and tendered, the Committee approved the deed as tendered. The Committee were of the opinion that the lands sought to be conveyed by the Deed were the"same lands as indicated in the Application now illustrated by a Plan of Survey and permission was given on the deed presented and the matter so recorded. Moved by K.'Schoenmaker and seconded by E.R. Lovekin that this alteration should be duly recorded for purposes of the clarification of the records. Carried. CLASSIFICATION "B" Page 2 Meeting of Committee of Adjustment March 13, 1968 Application File No. 100-68 Charles A. Gilkes, Owner, R.R. #2, Newcastle, Ontario, for part of Lot 34, Con. i, Township of Clarke, Submission No. "B" 100-68-89 As business arising from minutes of the past meeting, this application was presented for further consideration. 1 No person appeared in support of, or in opposition to this J application. The Secretary -Treasurer presented the following material to the meeting (1) A Plan of Survey prepared by M.D. Brown, O.L.S., Bowmanville, Ontario, dated February 21, 1968, numbered 65060A. The Comrli.ttee noted the following facts: (1) The detail shown on the said Flan of Survey. (2) The Committee, in reviews of all the facts, concluded that the applicant had complied with the conditions previously imposed as evidenced in former minutes. The Committee pointed out for the benefit of any future con- sideration of this decision as a precedent that the lands severed are bounded by Highways and one other owner. Mr. Gilkes is not retaining a lot, but only a drainage easement which is technically an interest in abutting lands under the Act and requires consent. The case, therefore, stands on very various grounds. Application granted on 'motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "I" Application File No. 101-68 Emmanuel l,gustus Timoll, Owner, R.R. #3, Pontypool, Ontario, for part of Lot 31, Con.X, Township of Clarke, Submission As business arising from minutes of the past meeting, this application was presented for fu.rther.consideration. No person appeared in sup ort of, or in opposition to this application. The Secr6tary-Treasurer stated that a letter under date of February 20, 1968 had been mailed to Mr. Timoll informing him of this meeting. This application was adjourned sine die awaiting Mr. Timoll's return from Abroad and presentation of his oral argument to the Committee for their further consideration. CLASSIFICATION "E" Application File No. 102-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Edward Reginald Martin Owner, R.R. #2, Newcastle, Ontario, for part of Lot 25, Con. III, Township of Clarke, Submission Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of land approximately 200' x 215' being approximately 43,000 square feet in area from the applicant's land. Page 3 Meeting of Committee of r.djustment March 13, 1968: The Secretary reported that 17 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Edward Reginald Martin, the applicant accompanied by his agent, W. Kay Lycett B.A., Barrister & Solicitor at Orono and his son-in-law Mr. 'Wayne Bowen, Orono, Ontario, as the prospective purchaser appeared in support of this application. Mr. Henry DeVries also appeared pis an interested abutting owner. No other person appeared in support of, or in oppositi.:n 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 February 16, 1968. The Committee duly noted the contents. Mr. W. Kay Lycett, as anent for the applicant, was invited to make his oral representations to the Committee and he pointed out the following in his argument: (1) Mr. Martin owns 50 acres of land, being the north half of the south half of Lot 25, and the proposed Grantee Wayne Ernest Bowen is desirous of purchasing a lot from this holding to contain an acre more or less to front on the east limit of the present holding n-ar. the southeast corner of the said holding. (2) hlr. Martin has lived 6 years on the farm and this was in fact a bona fide farming operation which was in maximum production for its size and character. The barn is an adequate structure and measures 70' x 301. Mr. Martin' harvests seed grain and there is a quantity of straw, as well as pigs in the barn. There is a fu11 line of farm machinery including two tractors, binder, baler with other machinery on the property. (3) Mr. Wayne Bowen, Mr. Martin's son-in-law has in the past kept horses on the farm but at present has only one stallion. (4) Mr. Wayne Bowen desires to build a residence on the pro_,erty to enable him to assist his father-in-law with the farming o_�eration. At the present time he finds tr.-,velling back and forth from his present home, time consuming and cuts down on the t:m that he can spend on the farm. The Committee noted the following facts: (1) This application was basically one to grrnt a severance to a son-in-law who assists the applicant on an existing farming o,;eration. (2) Mr. William Moffat, R.R. #1, Orono, Ontario, although not directly involved in this particular applicr;tion, voluntarily stated that he knew Mr. Martin for many years and that he also knew the farm in question. He wished to verify that, in his opinion, the farm was in good condition and was in fact a bona fide f.)rm dui to the hard work anc! ,00d m1nagemint of Mr. Martin and his son-in-law. (3) No survey presently exists but one will be supplied if a favorable decision is given. This matter was adjourned, with the consent of the applicant and his agent, to enable the Committee to inspect the property. CLASSIFICZi=)N "E" Page 4 Meeting of Committee of adjustment March 13, 1968 Application File 103-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Harry Melvin Cowan, R.R. #1, Orono, Ontario, for part of Lot 17, Con. V, Township of Clarke, Submission No. Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to r_ermit the separation of parcel of land approximately 2001 x 215' being apr-roximately 43,000 square feet in area from the applicant's land. The Secretary report=d that 16 notices o� the said hearing had ^ been mailed in accordance with Item 4 of ThRules of Procedure. Mr. W. Kay Lycett B.A., Barrister and Solicitor at Orono, agent for the applicant appeared in support of this application. Also appear- ing were the following persons: Mr. Willa...m Moffat, R.R. #1,Orono, Ontario, Mr. Aleck Moff<.t, P.R. #1 Orono, Ontario. No ether person appeared in sup ort of, or in opposition to this application. The Secretrs y -Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., 3arrister & Solicitor, Orono, Ontario, dated February 20, 1968. The Committee duly noted the contents. Mr. W. Kay Lycett B.A., asagent for the applicant was invited to make his representations to the Committee and stated thet since the time this application had been submitted 14r. and Mrs. Harry H. Cowan had reconsidered and now requested that this application be withdrawn. Mr. W. Kay Lycett also requested that the fee of $25.00 be refunded to Mr. Cowan. The Committee informed Mr. Lycett that fees submitted with applications are not refundable. Moved by K. Schoenmm_ker, seconded by E.F.R. Osborne that with - drawl of this application be granted. Carried. CL" ASSI fIC'ATION "E" Application File 104-68 Strike & Strike, Agent, Barristers & Solicitors, Bowmanville, Ontario, Harold C. Wood Owner, Newtonville, Ontario, for part of Lot 8, Con II, Township of Clarke, Submission No.' io4.6s-Sb Application was made for exem.tion or partial exemption from provisions of Subdivision Control By -Law No. 149''1 so as to permit the separati,.n of a parcel of land approximately 194.04' x 170' being approximately 32,986 square feet in area from the applicant's land. The Secretary reported that 23 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. and Mrs. Harold C. Wood, the applicants, accompanied by their agent Mr. Mervyn Kelly, of Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontari-c;, and Mr. Cleland H. Lane, Newtonville, Ontario, appeared in sup ort of this application. Also appearing, in connection with this applic,.,tion were the following .:>ersons: Mr. Ken Cooper, Newtonville, Ontario; i•irs. ,-my Sophia Milligan, Newtonville, Ontario; Miss Bernice Milligan, Newtonville, Ontario; Mr. Carl Smith, Newtonville Ontario; Mir. Reid Wood, Newtonville, Ontario; No other -erson appeared in support of, or in opposition to this application. Page 5 Meeting of Committee of Adjustment March 13, 1968: The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario, dated February 21, 1968. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, O.L.S., Bowmanville, Ontario, dated December 22, 1968, and numbered 67120. The Chairman, E R. Loveki_n, stated that he had acted as a Solicitor in this matter in the past and he, therefore, felt that he should withdraw from any active participation in this application. With the members' consent he withdrew and Mr. K. Schoenmaker as Senior Member assumed the chair. Mr. Mervyn Kelly, as agent for the applicants, made the following submissions: (1) Mr. and Mrs. Wood received a conveyance of,199' (deed measurement) frontage and approximately 170' deep on the North side of Highway Number 2 (sketch of Survey per Donevan and Fleischmann, dated April 25, 1963, Job 10879). (2) This conveyance was received from Anthony Sedorko by registered instrument number N22244 on April 15, 1964. (3) This property proved to be improperly described and sketched in that it had an extra 4.96 feet included on the registered title immediately to the East of the land as possessed and occupied. (4) By Deed Number N35462 registered on January 19, 1968 Mr. and Mrs. Wood purported to convey 194.04' frontage but did not obtain the consent of the Committee of Adjustment and, therefore, the conveyance might be subject to requisitions, because of the discrepancy between deed measurements and surveyed measurements. (5) This application is in effect to separtite 194.04' which Mr. and Mrs. Wood actually possessed from the 199' recited in their deed. There is no actual variation on the ground and the applic.ition in reality is one solely to clarify a title and survey mathematical discrepancy. The Committee noted the following facts: (1) The subject land fronts on the North side of a paved road, Highway fk2 and is situated in the Hamlet of Newtonville in a well built up area. (2) Mrs. Amy Sophia Milligan of Newtonville, Ontario, complained that Mr. Wood's house required fill which diverted water on her own as wall as adjacent property. She is not an immediate adjacent owner. (3) Mr. Kenneth Cooper, an abutting owner to the East of the subject land commented that he understood thatthere was a variance in the new survey and existing iron Bars and he was concerned as to where the new survey line would be. Discussion clarified the fact that the new survey of the property would rectify a previously clouded situation regarding distances possessed and described. Existing survey stakes now govern and Deed measurements fit the Ground., The Committee gave due considei.-ation to all the facts and the Chair- man asked if there were any further objections, other than the one presented by Mrs. Amy Sophia Milligan, h1r. Kenneth Cooper apparently being satisfied and there being none this application was adjourned with the consent of the applicants to enable the Committee to inspect the property. CTASSrFTcAmrrN in', Page 6 Meeting of Committee of Adjustment March 13, 1968: Application File 105-68 Strike & Strike, Agent, Barristers & Solicitors, Bowmanville, Ontario, Cleland H. Lane, Owner, Newtonville, Ontario, for part of Lot 8, Con II, Township of Clarke, Submission Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of land approximately 94.04' x 166.75' being approximately 15,630 square feet in area from the applicant's land. The Secretary reported that 2.3 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Cleland M. Lane, the applicant, accompanied by his agent, Mr. Mervyn Kelly, of Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario, Mr. & Mrs. Harold Wood appeared in support of this application. Also appearing in connection with this application were the following persons:Mr. Ken Cooper, Newtonville Ontario, Mrs. Amy Sophia Milligan, Newtonville Ontario, Miss Bernice Milligan, Newtonville Ontario, Mr. Carl Smith, Newtonville Ontario, Mr. Reid Wood, Newtonville Ontario. No other person appeared in support of, or in opposition to this application. meeting: The Secretary -Treasurer presented the following material to the (1) Correspondence from Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario, dated February 21, 1968. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, O.L.S., Bowmanville, Ontario, dated December 22, 1967, and numbered 67120. The Chairman, E.k. Lovekin stated that this application was related to application 104-68 and concerned the same property and that he had previously acted as a Solicitor in associated transactions and he,there- fore, felt that he should withdraw from this application. With the members' consent he withdrew and Mr. K. Schoenmaker as Senior Member assumed the chair. Mr. Mervyn Kelly, as agent for the applicant, made the following submissions: (1) This application and application 104-68 are related as the result of Harold Charles Wood selling his complete property as possessed to Cleland Lane and Leona Lane, but on condition that Mr. Lane would apply to separate the East lot with 94.04 feet frontage and convey this lot to Mr. Wood in the event that the separation was approved. (2) The lot to be severed was within the limits of an area known as the Police Village of Newtonville and the land fronted on a paved street, namely, Highway Number 2 and such a severed lot would be in conformity with the character of the area. The Committee gave due consideration to all the facts and this ' application was adjourned with the consent of the applicant to enable the Committee to inspect the property. CLASSIFICATION "C" /J Meeting adjourned at 12:30 a.m. Secretary -Treasurer,