HomeMy WebLinkAbout10/02/1967MEETING
of the
COMMITTEE OF AbJUSTMENT
for the
TOVMSIIIP OF CLARKS
Monday, October 2, 1967
at 8:00 p.m.
Council Chamber, Orono.
Present: E.R. Lovekin, Chairman
K. Schoenmaker, Member
Mrs. Ellen Id. Yeo, Secretary -Treasurer
Minutes of meeting of September 5, 1967 were approved as read,
on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried.
Application File No. 57-67
Garnet B. Rickard, Owner,
R.R. J4,
Bowmanville, Ontario,
for part of Lot 35, Con II,
Township of Clarke,
Submission No.
As business arising from the minutes of past meetings, 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 the site on property
ori Wednesday September 13, 1967 in company with the applicant, Mr.
Garnet Rickard.
Mr. Rickard pointed out the topographical features of the area.
For the purposes of the record, the Chairman, Mr. E. Richard
Lovekin, pointed out that he was the joint owner of abutting lands to
the south.
An unopened road allowance may exist to the south of the lands,
running east and west; which road would give ready access to the lot.
A second road runs north and south on the east side of the lands. This
road has not been used for years and has been fenced into the lands
of the abutting owner to the east. Beyond this unopened road, an
existing road runs to the east, then north and west, eventually giving
access to number 2 Highway.
On these particular facts'the Committee decided:
(1) No final decision could be given in this matter until
formal notice had been received from the Township
Officials concerning the proposed road closing.
(2) No compelling reason for creating building lots in
this area was given.
(3) Because of the existence of nearly unused, but well
constructed, 66 foot road allowances in the area,
small holdings may be feasible if' such small holdings
are part of an overall plan in the Township at some
future date.
(4) No final judgment may be given at this time, as no
formal survey was submitted with the application.
This application was adjourned for further consideration at the next
meeting to be held on Monday, October 30, 1967.
CLASSIFICATION "C"
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Page 2
Meeting of Committee of Adjustment, October 2, 1967:
Application File 73-67 W. Kay "ycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Carl Todd, Owner,
R.R. #1,
Newtonville Ontario,
for part of Lot 2, Con IV',
Township of Clarke,
Submission No. "B" 73-67-120
As business arising from the minutes of past meetings this
application was presented for further consideration.
W. Kay Lycett B.A., Barrister & Solicitor at Orono, agent for
the applicant, appeared in support`of this application. No other
person appeared in support of, or in opposition to, this application.
Mr. W. Kay Lycett stated that he was unable to submit a Plan
of Survey at this time.
The Committee adjourned the hearing of this application sine die
until a Plan of Survey has been presented.
CLASSIFICATION "E"
Application File No. 75-67' W. hay lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Robert Morrow, Owner,
R.R. J1,
Newtonville, Ontario,
for part of Lot V, Con. V,
Submission No. 7s'-(-r-;1j,
As business arising from minutes of the past meetings this
application was presented for further consideration.
W. Kay Lycett B.A., Barrister & Solicitor at Orono, agent for
the applicant, appeared in support of this application. No other
person appeared in support of, or in opposition to,_this application.
Mr. W. Kay Lycett stated that he was unable to submit a Plan
of Survey at thin time.
The Committee adjourned the hearing of this application sine
die until a Plan Of Survey has been presented.
CLASSIFICATION "B"
Application File No. 80-67 William F. hale Sr., Owner,
R.R. i1,
Newtonville, Ontario,
for part of Lot 12, Con. III,
Township of Clarke,
Submission Nos "B" 80-67-69 _
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 300+ x 305 -being
approximately 2.08 acres in area from the applicant's land.
The Secretary reported that 13 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
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Page 3
Meeting of Committee of Adjustment, October 2, 1967:
bir. William F. hale Sr., the applicant, of R.R. rel Newtonville,
Ontario, accompanied by his son-in-law 14r. Vaclav Prosek, R.R. #1,
Newtonville, Ontario, appeared in support of this application. No
other person appeared in sup_r.,ort of, or in opposition to, this
application.
The Secretary -Treasurer presented the following material
to the meeting:
(1) A Plan of Survey prepared byId.D. Brown, Ontario
Land Surveyor, Bowmanville, Ontario, dated July
19, 1967 and numbered 62039A.
(2) A description of the subject land prepared by
M.D. Brown, Ontario Land Surveyor, and dated
July 20, 1967.
Upon perusal of the material submitted, the Committee considered
the following facts:
(1) This is a father to son-in-law transaction, and
an addition to an existing holding.
(2) The combined holding will exceed 4 acres.
This application was granted in accordance with the Committeets
existing practice in cases of enlarging small holdings, with the
sole restriction that the deed be registered in the names of
the present owners, Vaclav Prosek and Agnes Prosek, so that the
parcels merge.
Application granted un motion of K. Sehoenr,.aker, secunueu uy N.rc.
Lovekin. carried.
CL.0.SSIFICATION "H"
Application File 81-67 W. Kay Lycett B.A., agent,
Barrister & Solicitor,
Orono, Ontario,
Philip Maxwell Vowles,
Carole Ann Vowles, Owners,
17 Liberty St. N'.,
Bowmanville, Ontario,
for part of Lot 28, Con V,
Toinnshi o of Clarke,
Submission No. "B" 81-67-70
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 100? x 2001 being
approximately 202000 square feet in area from the applicants' land.
The Secretary reported that 17 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 at Orono, agent
for the applicants, appeared in support of this application. No other
person appeared in support of, or in op;gosition to, this application.
The -secretary-Treasurer -oresented the following material to the
meeting:
(1) Correspondence from W. Kay Lycett B.A., Barrister &
Solicitor, Orono, Ontario, dated September 7, 1967.
(2) A photostat copy of a Pian of Survey prepared by M.D.
Brown, Ontario Land Surveyor, Bowmanville, Ontario,
dated August 4, 1964 and numbered 64074. The Committee
duly noted the contents.
Mr. W. Kay iycett B.A., the agent, was invited to make his
representations to the Committee and pointed out the following:
Page 4 ,
October 2 1967:
Meeting of Committeeof Adjustment,
(1) This property and two other adjacent properties, while
they were still vacant were purchased by one Mr. Floyd
Nicholson of Orono in the year 1964 and at that time
three separate conveyances were received by Mr.
Nicholson and each conveyance was consented to by the
-local Planning Board of the Township of Clarke. Sub-
sequently, Ivir. Nicholson erected houses on each of
the lands and conveyed them to various purchasers, one
being Mr. & Mrs. Vowles.
(2J The problem involved at the present time is, that since
the year 1964 certain amendments have been made -to
the Planning Act which have the effect of requiring the
consent of the Committee of Adjustments, at the present
time, in a situation where two lots adjoining one another,
even though separate conveyances were received at an
earlier date for these adjacent properties, and even
though the consent of the Planning Board had been ob-
tained.
(3) Another point in fact in this present situation is that
by the time the consent was given by the Planning Board
in 1964, the Planning Act was amended with provisions
giving the authority to grant severances to a Committee
of Adjustment, rather than the Planning Board which
previously had jurisdiction in these matters.
(4) Due to the fact of a requisition being raised on title
by the solicitor for the present purchaser of these
lands from Ivir. & IVtrs. Vowles, this application has
become necessary.
On the particular facts of this application, permission to sever
was granted on motion by K.-Schoenmaker, seconded by E.R. Lovekin.
Carried.
CLASSIFICATION "K"
Meeting adjourned at 10:30 p.m.
J
Secretary -Treasurer
MEETING
of the
COMMITTEE OF ADJUSTMENT
for the
TOWNSHIP OF CLARKE
Monday, October 30, 1967 at 8:00 p.m.
Council Chamber, Orono.
Present: E.R. Lovekin, Chairman,
K. Schoenmaker, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
Minutes of meeting of October 2, 1967 were approved as read,
on motion by K. Schoenmaker, seconded by E.R. Lovekin.CRrried.
It was moved by K. Schoenmaker and seconded by E.R. Lovekin
that the Rules of Procedure be revised to change the fee for residential
applications from $15.00 to $25.00, subject to the approval of the
Minister of Municipal Affairs. Carried.