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HomeMy WebLinkAbout01/15/1968Page 9, Meeting of Committeetof Adjustment December 18, 1967. The Chairman disclosed his interest in this"and similar applications as he has represented the Director, Veterans Land Act in the -area from time to time and was aware of the facts Of this case. He further pointed out, however, that if he were to disqualify himself, the Committee of Adjustment would not have a quorum and Mr. Pedwell's application could not be dealt with and this would be unfair to Mr. Pedwell, and contrary to the provision that applications should be dealt with within 30 days. It was the further observation of the Committee that Mr. Maurice Pedwell should be informed that the granting of this application should be regarded as being on special grounds and would not be regarded as a precedent for similar further severances on the same land unless the sales fell within the cited section of The Planning Act. The Committee noted that Mr. Maurice Pedwell is a bona fide farmer in the area, although he had built and sold some houses on his farm prior to subdivision control being passed in Clarke Township. The Committee were of the opinion that this was a bona fide sale to an agent of the Crown in Right of Canada, namely, The Director, The Veterans Land Act. On these grounds, for the reasons stated herein, this application was granted on motion by K. Schoenmaker and seconded by E.R. Lovekin. Carried. CLASSIFICATION "C" Meeting adjourned at 11:00 p.m. Secretary-Trea urer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, January 15, 1968, at 8:00 p.m. Council Chamber Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, Minutes of meeting of December 182'1967 were approved as read,. on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. Application File No. 84-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Annie May Cathcart, Owner, R.R. #1,. Kendal, Ontario, for part of Lot 7, Con.VIII, Township of Clarke, Submission No. "B" 84-67-83 r As business arising from minutes of the past meetings, this application was presented for further consideration: No person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: Page 2, Meeting of Committee of Adjustment January 15, 1968: (1) Correspondence from W. Kay Lycett B.A. Barrister & Solicitor, Orono, Ontario, dated January 10, 1968. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated November 23, 1967 and numbered 67109. 1 (3) An Affidavit from John Wesley Cathcart, son of l Annie May Cathcart, verifying that his present intention and undertaking at this time is to assist his mother in her farm business. The Committee noted the following facts: (1) The detail shown on the said Plan of Survey. (2) The facts covered in the Affidavit. (3) The Committee, in review of all the facts, concluded that the applicant had complied with the conditions imposed as evidenced in former minutes. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "E" Application File No. 92-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Andries Wagenaar, Owners, Trijntje Wagenaar, R.R. #1, Orono, Ontario, for part of Lot 21, Con. III, Township of Clarke, Submission No. "B" 92-67-84 As business arising from minutes of the past meetings, this application was presented for further consideration. No 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 January 10, 1968. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated December 29, 1967 and numbered 67123. The Committee noted the following facts: (1) The detail shown on the said Plan of Survey. The Committee, in review of all the facts, concluded that the applicant had complied with the conditions imposed as evidenced in former minutes. Application granted ori motion by K. Schoenmaker, seconded by E.R. Lovekiri. Carried. CLASSIFICATION "B" Page 3, Meeting of Committee of Adjustment January 15, 1968:: Application File No. 96-67 Z.T. Salmers B.A., . Agent Barrister & Solicitor, 63 King Street W., Oshawa,,Ontario, J.J. Dravis Limited, Owner, 540 Front Street, Oshawa, Ontario, for part of Lots 32,33,34, Con. I, Township of Clarke, l Submission No. "B" 96-67-85 —/ 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 0.812Alin area from' the applicant's land. The Secretary reported that 15 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Z.T. Salmers B.A., Barrister & Solicitor, 63 King Street W. Oshawa, Ontario, agent for the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting:. (1) Correspondence from Z.T. Salmers B.A.,- Barrister & Solicitor, 63 King Street W., Oshawa, Ontario, da67 ted December 11, 19; December 12, 1967; and January 3, 1968. The Committee duly noted the contents. (2) A Plan of. Survey prepared by J.A. Middleton, Ontario Land Surveyor, completed on the 29th day of August, 1966, said Plan of Survey registered in the Registry Office for the Registry Division of the West Riding of the County of Durham on the 7th day of October, 1966 at 3:05 o'clock P.M. as Number N31162. 'Mr. Z.T. Salmers, as agent for the applicant, was invited to make his representations to the Committee and pointed out the follow- ing: (1) This application is being presented by the Canadian National Railway Company and by the owner J.J. Dravis Limited to procure the consent of the Committee of Adjustment to the separation of a parcel of land shown on the said Plan of Survey prepared by J.A. Middleton and outlined in "pink". These lands are to be used for the widening of the railway right-of-way, in fact, they, The Canadian National Railway Company, would rather take the land by deed with the consent of the Committee of Adjustment rather than exercise their power of expropriation necessitating a formal hearing and other acts which would be expensive and time consuming. The Committee noted the following facts:: (1) There appears. to be some doubt as to whether the lands taken by the Canadian National Railway Company were to be used to add to the southern extremity of an existing severance road with the lands actually expropriated by the C.N.R. being taken off the North of the"existing severance road; or whether the C.N.R. were to take possession of the parcel indicated with other lands. In any event, the intent is clear that at'the present time, although an existing road allowance and the rail- way are being increased in width, the construction would abutt owners concerned. Page 4, Meeting of Committee of Adjustment January 15, 1968: (2) The West half of Lot 34, Concession 1, Township of Clarke and the whole of Lot 35, Concession 1, Township of Clarke were not included in the application, although lands to the West and East of these lands were included. The Committee considered all the facts as presented and were of the opinion that as no one appeared in opposition'to the application and since, in essence, the application is for the widen- ing of an existing right-of-way and that public interest is being served, there was no reason why the application should not be granted as requested. Mr. Z.T. Salmers B.A., Barrister & Solicitor, the agent for the applicant was so informed orally upon the termination of the hearing. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "L" Application File No. 97-68 Thomas Martin, Owner, Newcastle, Ontario, for part of Lot 29, Con. II, Township of Clarke, Submission No. "B" 97-68-86 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 89.28' x 250.0' being approximately 22,320 square feet in area from the applicant's land. The Secretary reported that 19 notices of the said hearing had been mailed in accordance with Item 4 of The Rules"of Procedure. Mr. Thomas Martin, Newcastle, Ontario, and Mr. Glenn Allin, R.R.2, Newcastle, 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 Allan B. Moore, Esq., Barrister & Solicitor, R.R. 44, Cobourg, Ontario, dated January 51 196-8. The Committee duly noted the contents. (2) A photostat copy of a Plan of Survey prepared by Flim and Trollope, Ontario Land Surveyors, 111 Elgin Street East, Oshawa, Ontario, numbered W.O. 3476 and dated December 8, 1967. The Committee noted the following facts: (1) The Chairman of the Committee, Mr. E.R. Lovekin disclosed that as a Solicitor he was aware of the facts of this application and was involved as a Solicitor in the matter. His former associate, Mr. Kenneth Stubington, Newcastle, Ontario, was an owner of abutting lands and, while in his employ, had in fact dealt with the title to these lands both in his personal capacity and as a Solicitor. Mr. Kenneth Stubington is no longer associated with the law firm of E. Richard Lovekin, and is now the Assistant Crown Attorney of the United Counties of Northumberland and Durham and matters undertaken by him had to be completed by Mr. Lovekin. Page 5 Meeting of Committee of Adjustment January 15, 1968.. (2) Mr. Lovekin alto pointed out that at present the Committee is composed of two members and if he were to disqualify himself, the Committee of Adjust- ment would not have a quorum and Mr. Martin's application could not be dealt with. This would be unfair to Mr. Martin and contrary'to the provisions that applications should be dealt with within 30 days. The urgency of appointing a third member to the Committee is apparent. The Committee gave further consideration to the following facts: (1) Mr. Martin had apparently sold the property and the prospective purchaser had accepted it on a tentative basis pending the disposition of this applicLtion. Time was, `therefore, of the essence.., (2) The Committee, under such circumstances, decided to proceed with the application, the Chairman having disclosed his previous knowledge and involvement in associated transactions. (3) The lands concerned, for which application was being made for severance, had been severed as a lot owned by one Hugh Allen previous to the passing of the By -Law of the Township of Clarke and were abutted on the North by property owned by the Bell Telephone Company of Canada. The survey supplied indicated a certain starting point of the lands owned by the Bell Telephone Company of Canada which was at variance with a survey prepared for the Bell Telephone by other surveyors with a resulting technical problem of overlap. A requisition on title required clarification of this problem. (4) There was also a possibility that, through inadvertence, the lands concerned might have merged with abutting lands at the rear, also owned by Mr.'Martin. (such inadvertence not being part of any act by Mr. Lovekin or Mr., Stubington). (5) The application, therefore, could be classified as an _ application to clarify questions on title raised upon a requisition by a prospective purchaser arising out of a possible surveying error and abutting interest with clear evidence that the lot had,been in existence and owned by d third party prior to the By -Law. (6) A dwelling house had been built on the property and as previously indicated the application was to answer requisitions on title to an existing lot and building. Mr. Glenn Allin was asked if he had any specific views on the case and he replied that having heard the application and the dis- cussion he was satisfied as to the merits of the application and had no objections. He further stated that he had attended the meeting as an interested party,'being a tenant on the lands in the immediate vicinity, owned by his father Mr. Howard Allin, R.R. #2, Newcastle, Ontario and that he was, in fact, representing his father at the hearing.. i� The Committee noted that this application was in the same vein as their decision given on Application File No. 25-66 at their \ meeting held on'Wednesday, June 1, 1966 (a question of clarifying J title arising out of title requisitions where there was a severance prior to the By -Law). Application granted_on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "N" Page 6 Fleeting of Committee of Adjustment January 15, 1968:_ General Business - The Committee added the following key index classification for all applications: "N" Application ari.ginn n on title Meeting adjourned at 10:30 p.m. Secretary-Treasu er MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, February 19, 1968, at 8:00 P.M. Council Chamber, Orono. - Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs, Ellen M. Yeo, Secretary -Treasurer, Minutes of meeting of January 15, 1968 were approved as read, on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence under date of January 18, 19687 from the Clerk of this Municipality together with attached certified copy of By -Law No. 1576;dated January 2,1968; (2) Correspondence under date of February 9, 1968 from the Clerk of this Municipality together with attached certified copy of Resolution No. 22 dated January 2, 1968; (3) Correspondence under date of February 16, 1968 from the Clerk of this Municipality together with attached certified copy of By -Law No. 1579 dated February'6, 1968. The Committee duly noted the contents thereof, and returned to the Secretary for filing. It was moved by K. Schoenmaker and seconded by E.R. Lovekin, in accordance with the Provisions of the Planning Act R.S.O. 1960, Chapter 296 and amendments thereto -Ref. Sec. 32 (a) (Sub 9) that the Secretary - Treasurer correspond with the Council of the Township of Clarke requisitioning an appropriation in the amount of $3,150.0011 to budget for anticipated expenses for the year 1968 for employees and consultants. Carried. , A22lication File No._ 88:67 W. Kay Lycett B.A., Agent Barrister & Solicitor Orono, Ontario, Frederick W. Winn, Owner Kendal, Ontario, for part of Lot 52 Con. VIII, Township of Clarke, Submission'No:88-67-87 Jys business arising from minutes of the past meetings, this application was presented for further consideration. No person appeared in support of, or in opposition to this application.