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HomeMy WebLinkAbout06/10/1968MEETING of the COMMITTE OF ADJUSTMENT . for the TOWNSHIP OF CLARKE- Monday, June 10, 1968, at 8:00 p.m. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, A.A. Low, Zoning Administrator for Township of Clarke. Mr. William Cooper, 263 Jarvis St. Oshawa, Ontario, Observer The minutes of meeting of May 13, 1968 were approved as read on -.motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from H.E. Millson, Clerk, Treasurer, Township of Clarke, Orono, Ontario, dated June 5, 1968 with certified copies of By -Law No. 1592 and a certified copy of Resolution No. 97 dated June 4, 1968. The Committee duly noted the contents and returned to the Secretary for filing. Application File 84-67 Annie May Cathcart, Owner, R.R. #1, Kendal, Ontario, W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, for part of Lot 7, Con. V111, Township of Clarke, Submission No. "B" 84-67-83 This application was brought forward for further consideration to comply with a request from the. applicant's Solicitor that the location of the 1.02 acre lot in question be changed. W. Kay Lycett B.A., Barrister & Solicitor, of Orono, 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 W. Kay L cett B.A., Barrister & Solicitor, Orono, dated May 15, and May 31, 1968. The Committee duly noted the contents. (2) A revised Plan of Survey prepared by M.D. Brown O.L.S., Bowmanville, Ontario, dated May 24, 1968 and numbered 67109. (3) A legal description of the subject land prepared by M.D. Brown, O.L.S., dated May 24, 1968. (4) A Sworn Declaration signed by John Wesley Cathcart, dated April 6, 1968, verifying his intention of assisting his mother with the fannbusiness. Mr. W. Kay Lycett was invited to make his representations to the Committee and stated the following: i (1) This was, in fact, a technical change in location only, -' being further to the East, whereby it would be on higher land with better drainage and adjacent to a house previously erected by a brother in the same family (ref, file "B"87-67-79) (December 18, 1967.) Page 2 Meeting of Committee of Adjustment June 10, 1968: The Committee noted the following facts: (1) This application had been granted at the meeting on January 15, 1968 and the deeds had been endorsed with the coneent of the Committee on February 7, 1968. At this time the Committee was composed of the Chairman E.R. Lovekin and K. Schoenmaker, member. (Mr. E.F.R. Osborne had not been appointed at the time of the original presentation of the application on October 30, 1967), The Committee were of the opinion that since the lands to be severed were on the same farm; that the proper,aew was that this was a technical change in location as shown in a fresh survey and that upon the surrender by the Solicitor of the deed previously approved, the deed with an amended description should be approved. While the Committee could see no reason why the Minister should object from a substantive viewpoint, it was decided that this amend- ment should be made the occasion of formal minutes and the same forwarded for administrative reasons to the Minister. Since it was the same application, no new fee would be charged. Moved by K. Schoenmaker and seconded by alteration be granted and duly recorded for of the records. Carried. CLASSIFICATION "E" Application File No. 101-68 E.R. Lovekin that this purposes of the clarification Emmanuel Agustus Timoll, Owner, R.R. #3, Pontypool, Ontario, for part of Lot 31, Con. X, Township of Clarke, Submission No. 'f " As business arising from minutes of the past meetings, this application was presented for further consideration. Mr. Emmanuel Agustus Timoll, the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary presented the following material to the meeting: (1') A pen sketch prepared by Mr. Timoll of his farm property showing the North West corner containing approximately 1 acre for which he is requesting permission to sever. Mr. Timoll made the following submissions: (1) He desires to sever approximately 1 acre from his farm land of 100 acres. This severance, if granted, will enable his son to build a dwelling house and live on the farm. The Committee referred to the minutes of past meetings and noted that Mr. Timoll had been absent from the Country for a number of months. During his absence they had visited the property but were unable to pin point the exact location of the subject land. This application was adjourned to enable the Committee to visit the property again, with notification to Mr. Timoll of the time and date so that he too can be present. CLASSIFICATION "E" Page 3 Meeting of Committee of Adjustment, June 10, 1968: Application File No. 106-68 Henrietta Van Overloop, Owner, R.R. #1, Newtonville, Ontario, for part of Lot 5, Con. V, Township of Clarke, Submission No. "B" 106-68-94 As business arising from minutes of the past meeting, 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) A Plan of Survey prepared by M.D. Brown, O.L.S., dated June 4, 1968 and numbered 68040. (2) A Sworn Affidavit signed by Frank Van Overloop confirming his intention to help his parents in their farming operation. 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.F.R. Osborne. Carried. CLASSIFICATION "E" Application File No. 108-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Donald Robert Roy Hamm, Owner, R.R. #1, Orono, Ontario, for part of Lot 26, Con. Vl, Township of Clarke, Submission No. "B" 108-68-95 As business arising from minutes of the past meetings, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor of 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) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated May 17, 1968. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown O.L.S., Bowmanville, Ontario, dated May 15, 1968 and numbered 68032. The Committee noted the following facts: (1) The detail shown on the said Plan of Survey. (2) The facts as stated in previous minutes. (3) The Committee, upon review of all the facts and upon hearing the representations of the agent, 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.F.R. Osborne. Carried. CLASSIFICATION "C" i Page 4 Meeting of Committee of Adjustment June 10, 1968: Application File No. 110-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Sadie, Hamilton, Owner, R.R. #2, Orono, Ontario, for part of Lot 31, Con. Vll, Township of Clarke, Submission No.''" /ic- t ;- ),, As business arising from minutes of the past meeting, this application was presented for further consideration. W. Kay Lycett B.A., 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 W. Kay Lycett B.A., Orono Ontario, dated June 6, 1968. The Committee duly noted the contents. Mr. W. Kay Lycett, as agent for the applicant, made the following submissions: (1) Mrs. Sadie Hamilton now wishes to proceed with the application. (2) The applicant owns in the neighbourhood of thirty- five acres as shown on the general sketch of survey attached to the application. (3) The total frontage to the south is to be included in the subject lands and the parcel is to extend approximately 600' to the north to take in one of the streams shown on the said sketch. The Committee referred to the minutes of meeting May 13, 1968 and to their visitation of the property on May 4, 1968. After due consideration the Committee unanimously agreed that this was a severance of a commercial enterprise from the residential property and the agent was requested to complete his application by submitting a formal Plan of Survey pared by an Ontario Land Surveyor. This application was adjourned until such time as the survey is presented. CLASSIFICATION "C" Application File No. 111-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Robert Glanville, Owner, Orono, Ontario, for part of Lot 28, Con. V, Township of Clarke, Submission No. 111-68-107 As business arising from minutes of the past meeting, this applicatidn was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor of Orono, Ontario, as agent for the applicant and Mr. and Mrs. Wm. Hooey, Orono, Ontario, as proposed purchasers appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Committee referred to the minutes of meeting May 13, 1968 and to their visitation of the property on May 4, 1968 and stated as follows: n Page 5 Meeting of Committee of Adjustment June 10, 1968: (1) It has been the established practice of the Committee to permit, in general, a person to sever a business operation conducted on an adjoining property from a residence in case of retirement or a change in circumstances making such a severance both practical and desirable. The Committee have, in the past, granted severances of this nature, particularly on property adjacent to The King's Highway 4115 where farmers had commercial outlets on the Highway and a continuing farming operation on adjacent lands. In this particular case the existence of a forced road would, on a visual inspection, convey the impression of separation which, if true, would permit the applicant to sell the property. While this severance occurs in fact (de facto) the road is not properly dedicated and hence in law (de facto) the road does not sever the property. The property is, however, clearly demarked by usage and appearance by the existence of the forced road. The Committee were of the opinion that this application is from a man wishing to retire from business who has no further use for the mill and feed property. To summarize, there are therefore three major grounds upon which this matter will be considered: (1) The sale of the commercial property appears to have been made to a third party who purchased it in good faith without being aware of the problem in regard to title. As Sub -Division Control has been in effect for some time, this ground has little weight or merit. (2) There is a forced road which effects a de facto separation of the parcel applied for. (3) This is a case where a business operation (milling) and a residence have existed side by side for many years in the community under the same management and the owner operator is ceasing commercial operations upon retirement (forced upon him by a heart condition). The building concerned, a former mill, apparently was sold to be used not as a mill but as a warehouse to store fencing equipment a use which is cleaner and less noisey. The Committee regard these facts as relevant insofar as they show complete bona fides of the applicant by proving that the application was in effect forced upon him by circumstances byond his control. As this property lies in the Police Village of Orono, the Police Trustees were notified but failed to attend. The Secretary stated that in accordance with the directions of the Committee, letters dated May 24 and June 4, 1968, had been mailed to Mr. Douglas Simpson, Inspecting Trustee, notifying him of the meeting, should he care to attend. The Committee instructed the agent for the applicant, that the matter would be given further consideration upon receipt of a proper Plan of Survey. CLASSIFICATION "C" Application File No. 112-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Johanna Elsa Martha Renelt, J Orono, Ontario, Owner, for part of Lot 28, Con 1V, Township of Clarke, Submission No."B" 112-68-96 As business arising from minutes of the past meeting, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor of 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. C Page 6 Meeting of Committee of Adjustment June 10, 1968:. Mr, Lycett presented to the Committee a Plan of Survey prepared by Donevan and Fleischmann, Land Surveying and Engineering,.11 Ontario Street, Oshawa, Ontario, revised and dated June 7, 1968, Job No. 16712. The Committee: (1) Referred to the minutes of meeting May 139 1968. (2) Recalled their inspection of the site on May 41 1968. (3) Listened to the oral representations of the applicant's agent; and (4) Perused the survey submitted. Upon consideration of all these facts, the Committee recommended once more that care should be taken in the construction of any house built on the property in order that the drainage or run off from the north to the south would be adequately provided for so that no water would run off the street into the cellar of the house to be constructed. It was decided not to make this matter of drainage a condition but only a suggestion. The Committee directed, however, that a copy of the decision be sent by the Secretary to Mr. Horace Best, Building Inspector for the Township of Clarke for his information. Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "A" Application File No. 113-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Lawrence George Hooey, Owner, Orono, Ontario, for part of Lot 29, Con. 1X, Township of Clarke, Submission No. "B" 113-68- 97 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 525' x 435.9' being approximately 59935 acres in area from the applicant's land. The Secretary reported that 25 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 of 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.Mrs. Aileen Bairstow, R.R. 41 Orono, also appeared. The. Secret ary_Treasurer presented the following material to the meeting:. (1) Correspondence from W. Kay Lycett B.A., Orono, Ontario, dated May 3, 1968. The Committee duly noted the contents. Page 7 Meeting of Committee of Adjustment June 10, 1968- (2) A photostat copy oL a Plan of Survey, prepared by M.D. Brown O.L.S., Bowmanville Ontario, dated March 20, 1963 and numbered 63016. Mr. W. Kay.Lycett, as agent for the applicant, -made the ' following submissions: (1) Mr. Hooey sold these lands to Mr. and Mrs. Frank William Lane under agreement for sale dated March 289 1963, registered as number N18954 for the Town- ship of Clarke. (2) Since that date the subdivision control by-law has been passed in Clarke Township and therefore the conveyance to be made by Mr. Hooey to Mr. and Mrs. Lane as provided for in the former agreement of purchase and sale must now have the consent of the Committee of Adjustment, and this is the reason for the present application being made. The Committee noted that the Agreement for Sale pre- dates Sub Division Control in the Township. It is the general view of the Committee that where Agreements for Sale have been given and accepted as though they were deeds;; and the parties have acted at arms length and in good faith, that the matter should be treated as a legal technicality of title and not as a matter to be investigated de novo. The Committee saw no reason why this general approach should not be followed on the particular facts of this case. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFIED "F" Application File 114-68 Application was made provisions of Subdivision the separation of a parcel being approximately 15,180 land. Cleland H. Lane, Owner, Newtonville, Ontario, for part of Lot 9, Con. 1, Township of Clarke Submission No. "B" 114-68-98 for exemption or partial exemption from Control By -Law No. 1494 so as to permit of land approximately 115' x 132' square feet in area from the applicant's The Secretary reported that 20 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Cleland H. Lane, 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 photostat copy of a Sketch of Survey.as'�prepared by Donevan & Fleischmann, Engineers, Surveyors, Oshawa, Ontario, dated May 20, 1960 and being Job #8615. The Chairman, E.R. Lovekin, stated that he had acted as Solicitor for the applicant in the past and this matter had arisen as a requisition on the applicant's title, he, therefore, felt that he should withdraw from any active participation in this application. With -the members' consent he withdrew and Mr. R. Schoenmaker assumed the chair. J J Page 8, Meeting of Committee of Adjustment June 10, 1968;. Mr. Cleland Lane appeared on his own behalf and explained that this was family property he inherited from his father years ago. The store and house which stand at the four corners of the Hamlet of Newtonville in the south west quadrant on the south side of King's Highway Number 2 are the properties in question. The store was sold and a mortgage taken back before Subdivision Control was introduced to the Township of Clarke which gave Mr. Lane an "interest in abutting land" and the purchaser's solicitor requisitioned this point of law in_the sale of the house. There were also some problems on the old descriptions so that a proper survey with accurate measurements was called for and the exact lands to be conveyed should be accurately described to circumvent any future title problems on possible overlapping descriptions. Upon perusal of the material supplied the Committee decided that the application was bona fide and made solely for the purpose of correcting title. Application granted on motion by E.F.R. Osborne,and seconded by K. Schoenmaker. Granted. CLASSIFICATION "O" Application File No. 115-68; Messrs. Strike & Strike, Agent - 116-68; Barristers & Solicitors, 117-68;. Bowmanville, Ontario, 118-68; Stewart Adair Collins Owner 119-68; R.R. #2 ' 120-68 ' � Newcastle, Ontario, for part of Lot 32, Con. 111, Township of Clarke, Submission No. "B" 115-68-99 "B" 116-68-100 "B" 117-68-101 "B" 118-68-102 "B" 119-68-103 !'B" 120768-104 Applications were made for exemptions or partialexemptions from provisions of Subdivision Control By -Law 1494 so as to permit the separation of parcels of land as follows 439' x 1314.23' being approximately 10.004 acres 3311 x 13201 being approximately 10.028 acres 330' x 1327' being approximately 10.055 acres 562' x 13271 being approximately 15.218 acres 330' x 1330.15' being approximately 10.061 acres 325' x 13411 _ being approximately 10.013 acres in area from the cpplicant's land. The Secretary reported that 114 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Stewart Adair Collins, the applicant, accompanied by his agent Mervyn B. Kelly B. Comm. LL.B and A. Alan H. Strike, B.A., both of Messrs. Strike_& Strike,.Barristers & Solicitors , Bowmanville Ontario appeared in support of this application. The following abutting owners also appeared:. Mr. Robert Aliin; Mrs. Charles Fisk;, Mr. Robert Kent;. Mr. James Kent; all of R:R. #2 Newcastle, Ontario; and Mr. Cecil Malley, R.R. #1, Orono, Ontario. ap 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 Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontari the contents. - o, dated May 16 and May 31, 1968. The Committee duly noted " Page 9 Meeting of Committee of Adjustment June 10, 1968; (2) A Sworn Affidavit signed by Stewart Adair Collins verifying that certain bona fide agreements for sale of part of the above mentioned lands had been entered into prior to Bill 89; an Act to amend The Planning Act of Ontario. (3) A Sworn Affidavit signed by Mervyn B. Kelly, verifying that he had been unable to complete the agreements for Stewart Adair Collins due to the aboveamendment to The Planning Act. The Chairman, E.R. Lovekin, stated that he represented, as a Solicitor a potential purchaser and The Director, The Veterans' Land Act in the area from time to time 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 Chairman assumed the chair. Mervyn B. Kelly, on behalf of the applicant made the follow- ing submissions: (1) Mr. Collins is the owner of the subject land under an unregistered Agreement for Sale entered into with The Director, The Veterans' Land Act. (2) Mr. Collins had entered into certain bona fide agreements for the sale of part of his land and monies had been paid by the purchaser as a deposit. (3) On Friday, the 19th day of April, 1968, eleven days after the Agreements for Sale had been executed, Bill 89, an Act to amend The Planning Act of Ontario, was enacted. The repeal thereby of clause (c) of Subsection (1) of Section 26 of The Planning Act had prevented the completion of the above-mentioned agreements, necessitating this request for severance. Mr. K. Schoenmaker asked the abutting owners for their comments: (1) Mrs. Charles Fisk stated that she was concerned about the fence between the properties. Mr. Collins verified that he would attend to the fence; in fact, he had spoken to her husband and assured him that the fence would be properly constructed and installed. (2) Mr. Robert Allin stated that his concern was liability in the event of persons entering his farm property, particularly, children. Mr. Allin stated he had read several articles pointing out the danger and he is concerned that with the advent of many more families with young children moving into the district, he could be faced with the worry of young trespassers. (3) Mr. Robert Kent stated that he operates a steer and feed lot farm. He is worried that an adjoining owner might possibly complain about the odour that emanates from time to time. He is also concerned about his liability, in the event that persons or young children enter his property where there is a stream which could prove hazardous. The Chairman, Mr. E.R. Lovekin, returned to the meeting J and was requested, as a Solicitor, to interpret "liability" insofar as Mr. Allin and Mr. Kent would be affected. Mr. Lovekin gratuitously gave a legal opinion on "occupiers liability" and the Doctrine of "common law nuisance" to assist Mr. Allin and Mr. Kent, at the,same time recommending they consult their own Solicitor. C C Page 10 Meeting of Committee of Adjustment June 100 1968: These Files were then set over until the end of the meeting to enable Mr. Schoenmaker and Mr. Osborne to take the matter under consideration. Upon perusal of all the facts it was decided that the applicant had satisfied the Committee by Sworn Affidavits and the oral explanation of his Solicitors that this was a,pre-exist- ing transaction which should be completed in fairness to the parties involved and the applications should be granted., The Committee, however, wished to make it perfectly clear that the sole ground for this'decision was that they were satisfied on the time element and the decision was no precedent for what would or could, be done now the Provincial Laws were changed in regard to 10 acre parcels. Application granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. :CLASSIFICATION "K" Application File No. 121-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Oram, Ontario, Bruce Rexford Tennant, Owner, Orono, Ontario, for part of Lot 28, Con. V, (Lot 1, Block "U" ) in.'the Police Village of Orono, Township of Clarke, Submission Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1306 so as to permit the separation of a parcel of land approximately 110' x 68' being approximately 79700 square feet in area from the applicant's 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. Bruce Rexford Tennant accompanied by his agent W. Kay Lycett-- B.A., Barrister & Solicitor of Orono, appeared in support of this application. Mrs. Laverne Boyd of Orono, Ontario, an abutting owner also appeared. 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., Orono, Ontario, dated May 28, 1968. The Committee duly noted the contents. (2) A rough sketch of the property. "I r. W. Kay Lycett, as agent for the applicant, made the follow- ing submissions: (1) Mr. Tennant's present dwelling is situate on the _ westerly portion of the lot in question and fronts on Mill Street. Mr. Tennant desires to sever the east portion of his dwelling which fronts on Church Street and will contain an area of approximately 7,700 square feet. (2) It would appear that the subject lands are quite suitable for residential purposes and they are serviced with a municipally operated water system. Page 11 Meeting of Committee of Adjustment June 10, 1968 Mrs. Laverne Boyd was asked for her comments and she stated that she was concerned about the closed.road between her property and Mr. Tennant. This road has been closed ever since she and her husband purchased their home eleven years ago and during this time they have tended to the cutting of the grass and, in general, have included the upkeep of this road with their property, of which it forms a part. Also there is a row of elm trees up the"centre of the road allowance and she is loath to see them disturbed, if, in fact, Mr. Tennant needs an entranceff om this road allowance on to his property. ` ` This application was adjourned to enable the Committee to visit the site and will be presented to the next meeting for further discussion. CLAHSIFICATION "J" Application File No. 122-68 J W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Clifford Newton Winter Owners, Elva Lavinua Winter,Orono,Ont, for part of Lot 28, Con .V, Township of Clarke, Submission No."B11122-68-105 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 200' being approximately 209000 square feet in area from the applicant's land. The Secretary reported that 18 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 of 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 appli- cation. The Secretary -Treasurer presented the following material to the meeting: (1) .Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated May 27, 1968. The Committee duly noted the contents. (2) A photostat copy of a Plan of Survey prepared by M.D. Brown, O.L.S., Bowmanville Ontario, dated April 49 1964 and numbered 64014. Mr. W. Kay Lycett, as agent for the applicant, made the following submissions:_ (1) Mr. and Mrs. Winter's house is situate directly . south of the lands in question. (2) The other lands shown on the sketch of survey were previously separated and sold by Mr. and Mrs. Winter to a builder by the name of Nicholson and the separation of these lots received the consent of the Planning Board at that time and since then your Committee of Adjustment has granted re -approval of one of the lots in question. .The Committee noted that they had dealt with two previous applications on this property (ref. File "B" 58-67-49 and "B" 59-67-50 April 10, 1967). Page 12 Meeting of Committee of Adjustment June 10, 1968 This is in a built up area and the surrounding homes are of a type and character that are an asset to the community. The proposed plan for the Township of Clarke indicates this area as suitable for lots. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "J" General Business - A period of discussion was held at the close of the meetirj and the following matter was discussed:. Re-imbursemeit for mileage - it was felt that with the increase in applications the cost of travelling to view the properties is becoming a larger expense. Moved by E.F.R. Osborne and seconded by K. Schoenmaker that the Chairman and Members be re-imbursed for travelling expenses at 10¢ per mile where their car is used in viewing properties. As all three members travel in one vehicle the cost appears nominal per man mile. The Secretary was requested to requisition Council for a cheque in the amount of $50.00 re -imbursement already expended by the Committee, January to June, 1968 inclusive. Meeting adjourned at 12:.15 a.m. o `7J c -gid Secretary -Treasurer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF,RK CLAE Monday, July 8, 1968, at 8_00 p.m. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs: Ellen M. Yeo, Secretary -Treasurer, A.A.'Low, Zoning'Administrator for Township of Clarke The minutes of meeting of June 10, 1968 were approved as read on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. {� Application File -No. 101-68 Emmanuel Agustus Timoll, Owner, R.R. #3, Pontypool, Ontario, for part of Lot 31, Con.X, Township of Clarke, Submission No:Bici-NS-ity As business arising from minutes of past meetings, this application was presented for further consideration. Mr. E.A. Timoll, the applicant, appeared in support of this application. No other person appeared in support of, or in opposition -to this application. The Committee visited the property on Monday, July 8, 1968