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HomeMy WebLinkAbout07/08/1968Page 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 Page 2 . Meeting of Committee of Adjustment July 8, 1968: at 11:00 a.m. and noted the following facts:. (1) The total acreage of the farm was approximately 100 acres. There was a well built house erected on the property, also a barn in very good condition, but presently, not being used for agricultural purposes. Mr. Timoll stated that the barn was used occasionally for barn dances and social events. (2) This property is also used as an overflow camp grounds for people attending the races at Mosport Race Track. (3) Part of the land is presently leased for the grow- ing of corn. Another portion of the land is being used for a Christmas tree plantation. (4) The area of the proposed lot is well drained and the porosity of the soil was sandy loam. This would indicate that there would be no problem with regard to the effective operation of a septic tank and tile bed. (5) The lot is situate within the distance of a well travelled and paved road. Mr. Timoll was invited to make his submissions and stated as follows:, (1) This farm was purchased about 16 .years ago and has been occupied approximately 10 years. (2) The farm is leased out to a Mr. Werry for the growing of corn. Another portion of he land is being used as a Christmas tree plantation. (3) At the time the farm was purchased Mr. Timoll stated he had intended to grow tobacco,.but found adequate financing impossible with a growing family to provide for. He ti en moved to the City of Oshawa and was in business for 4 years. His sons upon completion of their schooling became employed by General Motors of Canada, Oshawa, Ontario and he has lived permanently on the farm. (4) West of Mosport is another farm of 68 acres in Christmas trees. This is separate from the farm concerned herein. When the Christmas trees are cleared from this, land, Mr. Timoll intends to add the land so cleared to the farm and work the farm with his son Horatio Timoll. (5) The said son, Horatio Timoll now resides in Newcastle, Ontario, married, presently employed by General Motors of Canada, and wishes to move back on the farm and help his father to build up the farm as a going concern. (6) This severance of 1 acre will allow this particular son to erect a dwelling and live on the farm to assist his father. Only one son has agricultural interests. Mr. Arthur Low, Zoning Administrator, was asked if this severance would comply with Zoning By -Law 1592 and he stated that if Mr:(T�moll complied with the restrictions of: a severance of 1 acre; (b) 150' frontage on a public road, (c) dwelling a minimum of 1200 square feet (d) 50' from the lot line - he could see no reason why this should not be satisfactory. C Page 3 Meeting of Committee of Adjustment July 8, 1968; This application was adjourned until such time as a Plan of Survev prepared by an Ontario Land Surveyor is presented to the Committee for their formal decision. CLASSIFICATION "E" Application File No. 102-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Edward Reginald Martin, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 25, Con. 111, Township of Clarke, Submission No. "B" 102-68-106 As business arising from minutes of past meetings, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor of Orono, Ontario, agent for the applicant, appeared in support of this application. No other person appeared in sup}.ort 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 July 3, 1968; the Committee duly noted the contents thereof. (2) A Plan of Survey prepared by M.D. Brown, OLS, Bowmanville, Ontario, dated June 21, 1968 and numbered 68052. (3) An Affidavit Sworn by Wayne E. Bowen, dated Julv 8, 1968, verifying his intention to erect a house upon these lands and assist in the agricultural operation. The Committee: (1)Referred to the minutes of meetings March 13; April 16; May 139 1968; (2) Recalled their physical inspection of the site on Saturday, April 13, 1968; (3) Listened to the oral representations of the applicant's agent; (4) Perused the survey submitted and noted that the measurements on the survey differed from the application. W. Kay Lycett B.A., requested that the dimensions be amended to read 300' x 115' rather than 200' x 215' as shown on the application. The Committee granted the amendment and directed that the application be treated as amended. The Committee, upon 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" Paae 4 Meeting of Committee of Adjustment July 8, 1968: 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. "B" 111-68-107 As business arising from minutes of past meetings, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor of Orono, 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 Committee: (1) Referred to the minutes of meetings May 13, June 10, July 8, 1968;. (2) Recalled their inspection of the site on May 4, 1968; (3) Perused the survey submitted;. The Committee, upon 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 E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "C" Application File No. 121-68 J W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, 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 No. "B" 121-68-113 As business arising from minutes of the past meeting, this application was presented for further consideration. Mr. Bruce Rexford Tennant accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor of Orono, appeared in support of this application. Mr. and Mrs. Laverne Boyd of Orono, Ontario, abutting owners 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) A photostat copy of a letter addressed to Mr. E. Millson, Clerk, Township of Clarke, Orono Ontario, dated June 17, 1968 from Mr. and Mrs. Laverne Boyd, regarding the "road allowance" between the property of Mr. Bruce Tennant and themselves. (2) A photostat copy of a letter addressed to Mr. E. Millson, Clerk, Township of Clarke, Orono, Ontario, dated July 8, 1968, from Mr. and Mrs. Laverne Boyd, regarding a new survey of Mr. Bruce Tennant's property, prepared by M.D. Brown OLS, Bowmaftville, Ont��rio, wherein Mr. Brown now shows the property of Mr. and Mrs. Page 5, Meeting of Committee of Adjustment July 8, 1968:. Laverne Boyd to Be partly on the "road allowance". The Committee duly noted the contents thereof, and the fact that there might be discrepancies in surveys by two different surveyors. The Committee visited this property on Saturday June 29, 1968 and accompanied by Mr. Bruce Tennant the applicant, and Mrs. Laverne Boyd, the abutting owner, noted the following facts - (1) A 50' road gives access to an abandoned Cemetery. The Cemetery was in extremely bad condition, overgrown with tall bushes and with a foot path crossing over graves and grave stones. (2) The road between the properties was obviously an access to the Cemetery at one, time, but it was evident that nc burials had been made therein for many years. (3) The Committee inspected the septic tile field for the Tennant house which appeared to be functioning perfectly. (4) The nature and porosity of the soil was light sandy loam. Mr. W. Kay Lycett B.A., agent for the applicant stated that a survey of Mr. Tennant's property had been prepared by M.D. Brown OLS., Bowmanville, Ontario, but he was unable to present it to the .meeting this time, due to the fact that Mr. Brown had not delivered it to him. - Upon further discussion, Mr. and Mrs. Laverne Boyd stated that although they have no specific objection to the proposed severance, they are definitely concerned about the future of the unopened "road allowance" as regards to their prgcerty and also the apparent discrepancies in their survey as pointed out by Mr. Brown regarding the correctness of the width of the unopened "road allowance" and its effect upon their property. They purchased their property eleven years ago and have always considered the survey as presented at that time to be correct. The Committee were of -the opinion that in the absence of the new survey as prepared by M.D. Brown OLS., this application should be adjourned fur further consideration, until such time as the survey is presented. CLASSIFICATION "J" Application File 123-68 Mrs. Freda Giddens Owner, 19 Denmark Crescent, Willowdale, Ontario, Mr. Saul Schwartz, Agent, Barrister & Solicitor, Suite 222, 3089 Bathurst St., Toronto, Ontario. . for part of Lot 29, Con. 111, Township of Clarke, Submission No. 123_68-115 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 1340' x 1080' being approximately 36.363 acresin area from the applicant's land. The Secretary reported that 28 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Saul Schwartz, Barrister & Solicitor, Suite 222, .3089 Bathurst Street, Toronto 19, 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. Page 6 Meeting of Committee of Adjustment July 8, 1968: The following persons also appeared: Mr. Hesper Dean; Mr. Harold. Dean, Orono, Ontario; Mr. & Mrs. Stanley Allin, R.R. #1 Orono, Ontario and Mr. Leslie Roy Sawyer, 421 King St., Oshawa, Ontario. The Secretary -Treasurer presented the following material to the meeting:. (1) Correspondence from Messrs. Schwartz and Jacobson, Barristers & Solicitors, Suite 222, j 3089 Bathurst Street, Toronto 19, Ontario, dated May 24, 1968. The Committee duly noted the contents thereof. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated May 109 1968 and numbered 68030. The Committee visited the property on Saturday, June 29, 1968 and noted the following facts: (1) The Southern boundary of the proposed severance follows a natural dividing line for a distance of approximately 576' to include a portion of an ever running stream, the purpose of which is to provide the future owner with a ready supply of water for livestock. (2) A portion of approximately 442' of the creek bed is being retained by the applicant. (3) The nature of the lands is such that it is very suitable for agricultural purposes in this area. (4) There would be no problem regarding drainage. (5) the applicant wishes to retain 61.11 acres on which stands a two storey brick dwelling and a modern barn in good condition. (6) The portion retained would have a frontage of approximately 1700' along the westerly limit of Highways #115 and #35. The Chairman, E. Richard Lovekin, stated that he acted as Solicitor for the Mortgagees Charles.A and Helen M. Glenney 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. Saul Schwartz, Barrister & Solicitor, was invited to make his representations on behalf of the applicant and stated as follows:: (1)This transaction was entered into on the 10th day of April 1968 by the proposed purchaser Mr. J.A. Reid, and to verify this statement Mr. Schwartz produced the ori,ginal Agteement of Purchase and Sale dated April 10th, 1968, witnessed by A.M. O`Boyle and signed by "J.A. Reid". The Committee requested the Secretary to make photostat copies of the said Agreement of Purchase and Sale for the file. (2) Mrs. Freda Giddens' holdings total approximately 97, acres. She wishes to sever the northern portion of approximately 36.36 acres which borders a well travelled Township road being the road allowance between Concession 3 & 4, Township of Clarke for a distance of approximately 1270'. Page 7 Meeting of Committee of Adjustment July 87 1968:- (3) Mr. Schwartz stated that since the signing of the agreement several factors had delayed the completion of this transaction: (a) Mr. Jack Reid was in hospital, very ill, when the agnement was signed:. (b) Bill 89, an act to amend The Planning Act of Ontario, was enacted: (c) Mr. Jack Reid died on or about May 5, 1968, and this now become's a matter in the Estate of the said Jack Reid:. (d) There is to be no change in the original intention to use the lands for agricultural purposes. The Chairman then asked the abutting owners present if they had any specific views on the case and they each replied that having heard the application and the discussion on the purpose and location of the severance they were satisfied as to the merits of the application and had no objections. The application was adjourned and the Secretary instructed to notify Mr. Saul Schwartz to complete his application by submitting a Sworn Affidavit from his client Mrs. Freda Giddens and himself that this Agreement of Purchase and Sale had been entered into prior to the passing of Bill 89. CLASSIFICATION "E" Application File No. 124-68 Messrs. Strike & Strike, Agents, Barristers & Solicitors, Box 79 Bowmanville, Ontario, William Malarenkg Owners, Olana Malarenko, R R. #2, Newcastle, Ontario, for part of Lot 17, Con. 11, Township of Clarke, Submission No. 'P,",--.f-/a(. 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 2721 x 243' being approximately 1.5 acres 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. and Mrs. William Malarenko, accompanied by their agent Mervyn B. Kelly, B. Comm., LL.B. of Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario, appeared in support of this application. Mr. Stanley Way, R.R. #21 Newcastle, Ontario, 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: r(1) Correspondence from Messrs. Strike & Strike, Barristers & Solicitors, Box 7, Bowmanville, Ontario, dated June 4, 1968. The Committee duly noted the contents thereof. (2) A photostat copy of part of Deposited Plan No. 603 (Highways File P-2001-6). 0 Page 8, Meeting of Committee of Adjustment July 8, 1968: The Committee visited the property on Saturday, June 29, 1968 in the company of Mr. William Malarenko, and noted the following facts: (1) The property is across from a Provincial Park on King's Highway No. 2; (2) The land was low lying and there was evidence of 1 considerable seasonal wetness; J (3) The property would require fill to make it suitable for building purposes;; Mr. M.B. Kelly was invited to make his representations on behalf of the applicant and stated as follows: (1)Mr. and Mrs. Malarenko own approximately 8 acres , which were purchased in 1963;, (2)Mr. Malarenko's father-in-law presenLy lives with _Mr. & Mrs. Malarenko and this severance is requested in order to build a retirement home for him. Mr. & Mrs. Malarenko have five growing children and more space is required. Mr. Stanley Way was asked if he had any specific views on the case and he replied that he had been confused as to the location of the proposed severance but having heard all the facts he was satisfied that this severance would not interfere with his property as he was located to the North East of the property, whereas the severance requested was to the South West of the property. He, therefore, had no objection. This application was adjourned for further consideration at the next meeting to be held on July 15, 1968. CLASSIFICATION "Z" Application File'No. 125-68 Messrs. Marks and McNeely agent, Barristers & Solicitors, 17 King Street E., Oshawa, Ontario, Kenneth C. Rogers Owners, Elinor Rogers, 274 Elizabeth Street, Oshawa, Ontario, for part of Lot 30, Con. V1, 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 permit the separation of a parcel of land approximately 95' x 652' being approximately 1.44 acres in area from the applicant's land. The Secretary reported that 16, notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. and Mrs. Kenneth C. Rogers, the applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Seck'etary-Treasurer presented the following material to the meeting:. (1) Correspondence from Messrs. Marks and McNeely, Barristers & Solicitors, 17 King Street East, Oshawa, Ontario, dated June 4, 1968; (2) Photostat copy of a registered letter to Clerk, Township of Clarke, P.O. Box 219, Orono, Ontario, from Messrs. Marks and McNeely, Barristers & Solicitors, 17KIng Street -East, Oshawa, Ontario. The Committee duly noted the contents thereof. Page 9, Meeting of Committee of Adjustment July 8, 1968: (3) A photostat copy of a Plan of Survey; prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated June 16, 1968, numbered 65054. The Committee visited this property on Saturday, June 29th, 1968 and noted the following facts: (1) The property in question is adjacent to a number of lots on the Leskard Road, with new houses " situate thereon which have been built within the last two or three years; (2) The lots immediately to the north of the subject land all have a 95' frontage; (3) There are no buildings immediately south of the subject land. Mr. Kenneth C. Rogers, the applicant, made the following submissions:: (1) These two lots, each having a frontage of approximately 95' by a depth of approximately 6521 were purchased in the year 1965 and deeded" in the joint names of Mr. and Mrs. Kenneth Rogers. (2) These lots were purchased with the intention of building a home on one of the lots and retaining the other lot for a future retirement home for themselves. (3) Thev now have a family of small children, all attending school in the City of Oshawa, their present place of residence, and feel that the convenience of the nearby schools and opportunities for their family must now be their first consideration, and it would appear that a move to the country is not feasible. (4) The request for severance is to enable them to sell the two lots. Mr. Arthur Low, Zoning Administrator for Township of Clarke was requested for his comments and he stated that By -Law No. 1592 now restricts the size of lots to a frontage of 150' and an area of 1 acre. A proposed dwelling should have a ground floor area of 1,200 square feet. These lots with a frontage of 95' do not conform to the By -Law. The Committee indicated that they would view a severance more favorably if the applicants would consider enlarging their lot to have a frontage of 150' and an area of one acre. The remainder of 40' could possibly be sold to an abutting land owner. The Secretary was instructed to inform Mr. and Mrs. Rogers of their privilege to amend their application if they so desired and this application was adjourned for further consideration at a meeting to be held on August 12, 1968. CLASSIFICATION "H" Application File No. 126-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, William George Mercer, Owner, Kendal, Ontario, for part of Lots 15 & 16 Block "M" Village Kendal, Lot 9,_Con. V1, Township of Clarke, Submission No."R' Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit Page 10, Meeting of Committee of Adjustment July 8, 1968.. the separation of a parcel of land approximately 134' x 112' being approximately 15,008 square feet in area from the applicant's land. The Secretary reported that 16 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Wm. George Mercer accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor of Orono, 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 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated June 7, 1968. The Committee duly noted the contents thereof. (2) A photostat copy of a sketch drawn by Mr. Wm. George Mercer, of the subject lands; (3) A photostat copy of part Plan of the Village of Kendal, part lots 9 & 102 Concession 6 Clarke, William Murdock PLS, registered 18th December, 1877. The Committee visited this property on Saturday, June 29, 1968 and noted the following facts:: (1) The lot to be severed bordered on Monck Street; (2) These lots are shown on the old Wm. Murdock PLS Plan of The Village of Kendal as Lots 15 and 16, Block "M" and Lots 15 and 16, Block "V"; (3) The subject land has an area of 15,000 square feet with a frontage of approximately 1331; (4) The porosity of the land would indicate there would be no drainage problem; (5) Monck Street is a gravel street;:. (6) The subject land is within the settlement area in the Village of Kendal;. Mr. W. Kay Lycett B.A., the agent for the applicant advanced the following submissionst (1) Mr. William George Mercer intends to sell the said lands to a Mr. Reginald Elliott who intends to build a house on the property; (2) In this severance Mr. and Mrs. Mercer would retain the whole of lots 15 and 16 in Block "V" and the Southerly 57 feet more or less of lots 15 and 16, Block "M";, (3) Mr. Lycett submitted a Plan of Survey prepared by M.D. Brown, Engineer & Surveyor, Bowmanville, Ontario, dated July 8, 1968 and numbered 68063 (4) This proposed lot would be situate in a suitable area and the Committee in the past had given a favorable decision in this area in the past. (5) The area of the subject lands being 15,000 square feet conformed with the regulations of By -Law 1592 and it had generous frontage; Page 11, , Meeting of Committee of "Idjustment July 8, 1968 ed The Committee studied all the facts as present/and were of the opinion that in granting this application this would be a proper development in the settled area of the Village of Kendal. Application granted on motion by K. Schoenmaker, seconded by r E.F.R. Osborne. Carried. \, CLASSIFICATION "A" Application File No..127-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Brian Harold Caswell Owners, Mary K. Caswell, R.R. #1, Newtonville, Ontario, for part of Lot 10, Con. 111, Township of Clarke, Submission No. "B"ia7-e-s-/1�4 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 328' x 1,33.5' being approximately 10.04 acres in area from the applicants' land. - The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. r Mt. Brian Caswell the applicant, accompanied by his agent W.tKay Lycett, Barrister & Solicitor of Orono, Ontario, appeared in support of this°application. No other person appeared in support of, or in opposition to this application. c i The Secretary -Treasurer presented the following material to the meeting:_ (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated June 12, 1968. The Committee duly noted the contents thereof; (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated May 2, 1968 and numbered 66095Ae Mr. W. Kay Lycett, Barrister & Solicitor, as agent for the applicant made the following submissionsz (1) The parcel in question contains an area of 10.04 acres. This parcel and 10.04 acres to the south have been sold by Mr. and Mrs. Caswell as of March 6, 1968;; (2) Mr. and Mrs. Caswell were prevented from completing the sale of these two parcels by reason of the passing of Bill 89, an act to amend The Planning Act of Ontario; (3) Mr. and Mrs- Caswell were also unable to register a conveyance of the property before the passing of Bill 89 due to the fact that the surveyor's work had not been completed to the extent of supplying sketches and descriptions. (4) Mr. W. Kay Lycett produced documentary evidence in the form of_two Agreements of Sale dated March 6, 1968'signed by "Mary Caswell" and "Brian Caswell" to substantiate the above claim. a Page 12 Meeting of Committee of Adjustment July 81 1968: The Committee requested the Secretary to make photostat copies of the said two Agreements of Sale for the file. The Committee visited this property on Saturday, June -29th, 1968 and noted the following facts: (1) The land being retained by Mr.,Caswell is cultivated farm lands which he continues to operate; (2) The southerly portion consists of 20 acres con- sisting of bush and a stream, which land is not suitable for agricultural purposes;` (3) The parcels front on a well travelled road between lots 10 and 11, Concession 3, Township of Clarke; (4) Both parcels, each have a frontage of approximately 3280 on this road;, Upon perusal of all the facts the Committee instructed the Secretary to inform Mr. Lycett to complete his application by submitting a Sworn Affidavit by Mr. and Mrs. Brian Harold Caswell that these Agreements of Purchase and Sale had been entered into before the ficial passage of Bill 89. This application was adjourned to August 12, 1968 to be spoken to by the agent, W. Kay Lycett B.A. CLASSIFICATION "K" Application File 128..68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Jozef and Marie Becker, Owners, R.R. 41, Orono, Ontario, for part of Lot 28, Con. 1V, Township of Clarke, Submission No."8'ii.5.0--/c7 "pplic ation 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 85' x 182' being approximately 15,470 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. W. Kay Lycett, Barriter and Solicitor of Orono, 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 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated June 12 and June 21, 1968. The Committee duly noted the contents thereof; (2) A Plan of Survey, prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated October l9p 1964 and numbered 64105. } Mr. W. Kay Lycett B.A., as agent for the applicant made the J following submissions:. (1) Mr. and Mrs. Jozef Becker granted a mortgage upon the Northern portion of lands shown on said survey in February 1965 and at that time obtained consent from the Planning Board of the Township of Clarke. C Page 13, Meeting of Committee o� Adjustment July 8, 1968: (2). Mr, and Mrs. Becker sold the Southern portion of the lands in question to Mr. and Mrs. Frank Heinen in April 1965. In that sale it was unnecessary to obtain a further consent of the Planning Board since the previous consent had already been acquired in respect of the other parcel forming part of the total holding. (3) Mr, and Mrs. Becker have now entered into an Agreement for Sale of the North portion of the lands shown and a conveyance of the same is to be given to the purchaser of this property; and since they still retain the fee simple and legal title to the southern parcel, a consent of the Committee of Adjustment is required for the proposed conveyance even though the sale.of the Southern portion was made and completed at a prior date. The Committee visited this property on Saturday June 29, 1968 and noted that there were two existing dwellings on the two lots and satisfied themselves that the purpose of the application was to correct an existing title. The Committee being satisfied of the.bona fides of the application and having heard the viva voce presentation of Counsel, this severance was granted to correct previous existing title problems. Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "O" Application File No. 12 968 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Clara Rose Cooper, Owner, 263 Jarvis Street, Oshawa, Ontario, for part of Lot 28, Con. Vill, 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 permit the separation of a parcel of land approximately 120' x 519' being approximately 62,280 square feet in 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. Mr. William Cooper accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, and Mr. Lawrence Jemmett, R.R. #2 Orono, Ontario appeared in support of this application. The following persons appeared in opposition to this application: Mrs. Aileen Bairstow, R.R. #1, Orono, Ontario Mr. Warren Armstrong, Suite -1906, 7 King St. E. Toronto, Ontario Dr. and Mrs. Wallace R. Horn, R.R. #2, Orono, Ontario Mr. Melville Skelding, R.R. #2, Orono; Ontario Mr. L.R. Sawyer, R.R. #21 Orono, Ontario Miss R.I. Hayden, R.R. #2, Orono, Ontario Mrs. Paula Harley, Leskard P.O., Ontario Miss S. Harley, Leskard P.O. Ontario Mr. & Mrs. W. Burnside, R.R..021 Orono, Ontario Mr. Clair E. Grant, Leskard P.O. Ontario Mr. Raymond MacDonald, Leskard P.O. Ontario Mr. Lynne Richards, R.R. #2 Orono, Ontario no other person appeared in support of, -or in opposition to this application. Page 14, Meeting of Committee of Adjustment July 8, 1968: The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario dated June 13, 1968; (2) A Petition signed by 38 persons; (3) Registered correspondence from Durham Farms Limited, R.R. 42, Orono, Ontario, dated July 4, 1968;; (4) Registered correspondence from Metropolitan Management Corporation Limited, Suite 1905, 7 King Street E., Toronto, Ontario; dated July 4,1968; (5) Correspondence from Dr. Wallace R. Horn, R.R. #2, Orono, Ontario, dated July 4, 1968; (6) Correspondence from Mr. Wm. Burnside, R.R. 42, Orono, Ontario; dated July 6, 1968; (7) Correspondence from Miss R.I. Hayden, R.R. 42, Orono, Ontario, dated July 5, 1968; (8) Correspondence from Mr. M. Skeld ing, R.R. #2 Orono, Ontario dated July 6, 1968; The Committee duly noted the contents thereof. (9) A photostat copy of part of a Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated April 25, 1968 and numbered 68023. The Committee visited this property on Saturday June 29, 1968 and noted the following facts: (1) The subject land abutted a well travelled road namely the road allowance between Concessions 7 and 8 Township of Clarke;; (2) The Western portion of the 10 acre parcel appeared to be of a swampy nature and was covered with a cedar bush; (3) The particular severance requested is an area of 120' frontage on the road allowance between Concessions 7 & 8, with a depth of approximately 5,19'; (4) Several large farming operations existed in the area. Mr. W. Kay Lycett B.A., Barrister & Solicitor as agent for the applicant made the following submissions: (1) Mrs. Clara R. Cooper was the applicant but her husband Mr. Wm. Cooper appeared on her behalf (2) Mrs. Clara R. Cooper presently owns a parcel of land composed of 10.03 acres of Lot 28, Concession 8, of the Township of Clarke shown as part one on the sketch of survey submitted; 0(3) Mrs. Cooper proposes to divide this parcel into eight separate parcels under separate ownership, each parcel to have a frontage of approximately 120' and a depth of 5191. Mrs. Cooper has drawn lines through parcel one indicating to some extent the manner in which she proposes this division. This application was by way of a precedent. Mr. William Cooper made the following submissions:. (1) He was now the owner of a farm on Lot 28, Concession 8, Township of Clarke consisting of approximately 114 acres. Seven, 10 acre parcels had been sub=divided off the farm leaving 44 acres as a bona fide farm. Page 15, Meeting of Committee of :adjustment July 8, 19681 (2) The 10 acre parcels were not suitable -for farming parcels but would be suitable for building lots; (3) He requested severance of part 111" approximately 10.03 acres fronting on Concession 8 which is an oiled road and proposed to divide this into 8 separate parcels upon which he was prepared to erect dwellings valued in the vicinity of $30,000.00 to $35,000.00; The Committee indicated that since several persons had appeared in opposition to this application they would like to hear their objections in some detail and one at a time:. (1) Summary of comments by Mr. William Armstrong:. This man stated that he owned approximately 150 acres on part of Lot 27, Concession 8, being East of Mr. Cooper's Farm. He operates Durham Farms Limited, a cattle farming operation in the proximity of the proposed separation. the recent Zoning By -Law by the Township of Clarke protected this particular area for the purposes of farming and the creation of small holdings in an agricultural area would bring added population density which is undesirable. The school areas and other services are now ill prepared at the moment. The opening of the door to allow small holdincs in an agricultural area defeats the By -Law. Should this application be granted the Township would be faced with a creeping form of sub -division and ribbon development. Mr. Armstrong alleged he spoke for approximately 38 people whose names were on the Petition and that all these people are definitely against this application. Mr. Armstrong stressed the fact that the names had been signed voluntarily and each person had expressed the view that they were not in favor of the creation of small holdings in the vicinity. (2) Committees' Comments: The Committee noted that in answer to a question from Mr. Armstrong as to how many lots had been sold, Mr. Cooper replied "two", whereupon Mr. Armstrong stated that a check - in the Registry Office revealed this to be incorrect, that "seven" lots had in fact been sold. Mr. Cooper then admitted that this figure was correct. Mr. Armstrong also asked, how long DTr. Cooper had owned the property: Mr. Cooper replied "since February 5, 1968" whereupon Mr. Armstrong again corrected Mr. Cooper by stating that he had evidence from the Registry Office that the sale was not completed until May 1st, 1968. These items illustrated Mr. Armstrong had properly researched his criticism. (3) summary of comments by Mrs. Aileen Bairstow: Mrs. Bairstow stated, that in her opinion, drainage would be a severe problem. Her farm is beside the new owner, divided by a creek. She stated there would have to be extensive drainage work from the hill south and ditches dug, to make the road passable, during wet seasons. Page 16, Meeting of Committee of Adjustment July 8, 1968: (4) Summary of Comffients by Mr. Melville Skelding:- He agreed with Mrs. Bairstow that the road is very bad during the Spring break up. He was also concerned about his cattle and horses drinking from the stream which flows from Mr. Cooper's property to his property. If houses were built and septic tanks installed he thought it would contaminate the water supply which he depends on for his livestock. Mr. Skelding said he had lived on this present farm for 55 years and felt very strongly that a large area of farmable land would be destroyed if this application was granted. (5) Summary of Comments by Dr. Wallace R. Horn:. He`stated he is closely associated with anti- pollution activities on a Frederal as well as a Provincial basis. He objected to the applicant's plans by reason of the inevitable increased pollution of the local stream, the Leskard Creek and The Wilmot Creek Watershed which would be brought about by the proposed lot separation and subsequent housing. Such a development would touch upon the existing stream in more than one section. The proposed development includes swampy, undrained land. Septic and other drainage into this land would out fall into the watershed headwaters. Dr. Horn continued his objection by stating that he had very substantially added to his original investment through an extensive program of, restoration and improvement of both house and exterior on his property in Lot 28, Concession 7, directly across from the applicant's lands. He wants more than 80% of the land area as productive, agricultural land. He objected to high density housing in such a headwater area. (6) Summary of Comments by Mr. Lawrence Jemmett: In support of this application he stated that he resided on Mr. Cooper's farm as a handy man, that he was not employed in farming operations. He felt that this severance was a good thing for the community in that Mr. Cooper proposed to erect dwellings of some worth and value to the community. The Committee considered all the facts as presented both in support of and in opposition to this application and were of the unanimous opinion that this application should not be granted. The applicant had admitted, during his presentation that this application was by way of a test case; and he would follow through with other applications if this application was successful. The Committee concluded that the applicant had failed to demonstrate any reason why the Committee should grant a severance particularly in view of strong arguments to the contrary. Application refused on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "Z" P Page 17, Meeting of Committee of Adjustment July 8, 1968: Application File No. 130-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Maurice H. Pedwell, Owners, Olive Marie Pedwell, R R. #2, Newcastle, Ontario, for part Lot 30, Con.11, Township of Clarke, Submission No. "B" 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 70' x 140.5' being approximately 9,835 square feet in area from the applicants' land. The Secretary reported that 24 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. The Secretary-TreasU:er presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated June 14, 1968. The Committee duly noted the contents thereof. \ (2)- A photostat copy of a Plan of Survey prepared by M.D. Brown, OLS., Bowmanville, Ontario, dated January 23, 1968 and numbered 67060"A". Mr. W.K. Lycett B.A., Barrister & Solicitor of Orono, Ontario, on behalf of the applicant made the following'submissions:. (1) There is a one storey stucco dwelling erected upon the subject lands and this dwelling has been so situate upon the land for more than ten years. Mr. and Mrs. Pedwell have been renting this house and lands during that period of time. (2) Prior to the passing of the subdivision control by-law in the Township of Clarke, Mr. and Mrs. Pedwell attempted to have this land separated by deed with- out benefit of survey and the deed lines are shown on the sketch of survey. (3) The separation deed was ineffective since it was made in favour of Mr. Pedwell alone while he retained farm lands adjacent to the south of the lands in the separating deed. Mr. and Mrs. Pedwell still own the property since such deed was ineffective. The Committee were of the opinion that the applicant was genuinely of the opinion that the property had been properly severed and he built separate houses before the By -Law. These severances are required to correct previous incorrect descriptions and to give proper separate titles to existing buildings. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "O" . . 0 . . . 0 . Page 18, Meeting of Committee of Adjustment July 8, 1968- Application"�File No. 131=68 W..Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Marjorie Helene Westheuser,Owner, R.R. #1? Newtonville, Ontario, for part of Lot 4, Con 1V, Township of Clarke, l Submission No.V1b,_6E-139 J) 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 180' x 2451 being approximately 44,100 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. W. Kay Lycett, Barrister & Solicitor of Orono, Ontario, agent for the applicant and Mr. and Mrs. Robert Westheuser, Son and Daughter -in -Law of Mrs. Westheauser 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, Ontar o, dated June 17,1968. The Committee duly noted the contents thereof. (2) A pen sketch of the subject lands prepared by Mrs. Westheuser. The Committee visited this property on June 29 1968 and the following facts were noted:. , (1) Mr. and Mrs. Westheuser and their youngest son,Peter were at home and volunteered the following information:. (a) The family came to the area in 1949 and Purchased about 135 acres with buildings. Ross Strike Esq., Barrister & Solicitor of Bowmanville, Ontario, acted for them in this purchase. (b) There are 5 sons and 2 daughters in the family and one son, in particular, by name of Robert Westheuser desires to return to the farm. He would build a home and activate the farm. (c) Robert Westheuser married two years ago and 'his wife teaches school in Bowmanville, Ontario. Although Robert Westheuser is employed by General Motors of Canada, Oshawa, Ontario, he has shown considerable interest in the farm and has done considerable occasional work on the farm, whenever needed. The following members of the family are not interested j in farming: J The oldest son Hugh Westheuser is an R.C.M.P. Officer in British Columbia; The second son, Frank Westheuser is with Atomic Fuels, Westinghouse in Port Hope, Ontario; The third son, Robert Westheuser, already mentioned, is definitely interested in reactivating the farm. C Page 19 Meeting of Committee of Adjustment July 8, 1968: The fourth son, Jim Westheuser works in Peterborough and is working in Peterborough awaiting entry to Teachers College in the Fall. The youngest son, Peter Westheuser is at home and is a High School student. W. Kay Lycett B.A., Barrister & Solicitor of Orono, as agent for the applicant was invited to make his representations, and he stated as follows: (1) This application was made out by Mrs. Westheuser personally and she has shown the size of the lot in question to be 180' wide and 245' in depth fronting on a Township road to the north and situate at the north west corner of her present farm property. (2) She proposes to convey the subject lands to her son, Robert Arthur Westheuser, who is definitely interested in farming and who wishes to activate the farming business on the property which has been dormant for some time. The Committee felt this was a bona fide application for a severance for a member of the family on an agricultural operation and the Secretary was requested to advise Mr. Lycett to complete his application by submitting a formal Plan of Survey, prepared by an Ontario Land Surveyor, and a Sworn Affidavit executed by Robert Arthur Westheuser verifyig that he intends to assist his parents with the farming operation. This application was adjourned until such time as a Plan of Survey is presented for their formal decision. CLASSIFICATION "E" Application File No. 132-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Russell Argyle Pedwell Owners, Bernice Kucharski R.R. #2, Newcastle,. Ontario. for part of Lot 29, Con. 11, Township of Clarke, Submission No. "a° /3,-c&- 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 60.01' x 225' being approximately 13,502 square feet in area from the applicants' land. The Secretary reported that 16 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. W. Kay Lycett, Barrister and Solicitor of Orono, 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 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated June 17, 19687 . The Committee duly noted the contents thereof; (2) A photostat copy of part of a Plan of Survey as prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ont rio, dated December 15, 19662 and numbered 66 12. Page 20, Meeting of Committee of, Adjustment July 8, 19681. Mr. W. -Kay Lycett as agent for`the applicant made the following submissions:. (1) There is a frame dwelling erected upon the property in question which has been there for some time prior to the time that the Township Subdivision Control By -Law was passed in Clarke Township; (2) 'On November 15, 1961 Mr. Russell Argyle Pedwell and Bernice Kucharski entered into a long form Agreement of Purchase and Sale with Mr. and Mrs. Robert Harvey Robinson, said Agreement was registered in the Registry Office as number N15352 for the Township of Clarke; (3) The description of the property contained in that Agmement is somewhat different from the present description since in the meantime a survey has been made showing discrepancies in the previous description. (4) The survey now submitted indicated that Russell Argyle Pedwell and Bernice Kucharski own land abutting to the south of the land in question and 'because of the present provisions of the Planning Act of Ontario and the Amendments thereto the consent of the Committee of Adjustment is required to convey this property to Mr. and Mrs. Robert Harvey Robinson the purchasers under the prior Agreement of Purchase and Sale. The Committee -- (1) Perused the survey submitted by W. Kay Lycett B.A.; (2) Listened to the agent's oral submissions; and after due consideration were satisfied of the bona fides of the situation and that it was proper to grant consent to a proper amended`description and to allow an Agreement of Sale to be converted to a Deed. Application granted on Motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION "O" Application File No. 133-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, William Thomas Ablewhite Owners, Grace Marion Ablewhite, R.R. #1, Newtonville, Ontario, for part of Lot 69 Con.1V Township of Clarke, Submission No. 133-68-116 Application was made for exemption or partial exemption from Provisions of Subdivision Control By -Law 1494 so as to permit the separation of a parcel of land approximately 150' x 400' being approximately 60,000 square feet in area from the applicants' 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. Wm. Thomas Ablewhite, the applicant, accompanied by•his "agent, W. Kay Lycett.B.A., Barrister & Solicitor of Orono Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Page 21, Meeting of Committee of Adjustment July 8, 1968:, The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated June 20, 1968. The Committee duly noted the contents*thereof; (2) A photostat of a pen sketch prepared by Mr. William T. Abelwhite, of the subject lands. The Committee visited this property on June 29, 1968 and noted the following factsr (1) Mr. Wm. Thomas Ablewhite owns approximately 75 acres composed of the south half of the west half of Lot 6 and the South quarter of the east half of Lot 6 in the Fourth Concession. This property has been owned by the applicant for 15 years. (2) The present dwelling is situate on the South side of the road and a barn is located to the West at the south side. (3) There is no livestock as Mr. Ablewhite presently grows vegetables and operates a small holding as a market garden for additional income. (4) The equipment consists of a tractor with a rototiller. (5) Mr. Ablewhite has a family of three daughters and one son, all under sixteen years of age. Mr. W. Kay Lycett was invited to make his submissions on behalf of the applicant and stated: (1) The purpose of this application is to satisfy the need of a larger house to be built on the lands to be retained by Mr. and Mrs. Ablewhite, since their present dwelling has out -lived its usefulness to them'by reason of its small size and the application becomes necessary to make financial arrangements for the construction of a larger house to satisfy the applicant's needs at the present time. Mr. Ablewhite made the following submissions:: (1) The house he lives in at present was originally built as a week -end retreat. He commutes three days a week to the East end of Toronto where he works as a conductor on the Canadian Pacific Railway. (2) His family has now outgrown the present home and rather than move, he desires to build a new house large enough to accommodate everyone comfortably, and will eventually retire there. (3) He proposes to use an old basement on the site where the new house is to be built and the lumber for "this house has been cut off the property and is at a mill operated by one Bruce Dinner. (4) The barn was built 2 years ago at the extreme West end of the property with the full intention of some day building a new home close by. (5) Mr. Ablewhite approached Mr. Horace Best, Building Inspector for a building permit, early in January 1968, at which time he was referred to Mr. Merrill Ross the Road Superintendent to obtain a culvert permit. He neglected to pick up the Culvert Permit and now will be controlled by the new By -Law 01592. Page 22, Meeting of Committee of Adjustment July 8, 1968:. Mr. Abl:ewhite submitted the following material as documentary evidence of his intention to build, before the passing of the By -Law: (1) Correspondence from Department of Veterans Affairs, Ottawa 4, dated August 23, 1967, by "R.W. Pawlev, Director" enclosing a Certification of Qualification 4312054, dated 23rd August 1967;. and related forms. (2) Mr. Ablewhite also stated that he had VLA approval but he had not gone ahead with a survey of his property at that time due to the fact that having consulted Mr. Merrill Brown, OLS, Bowmanville, Ontario, he was informed that this would be quite an expensive item, and he had decided to wait until he could afford a proper survey. The Committee: (1) Recalled their inspection of the site on June 29, 1968; (2) Listened to the oral representations of the Applicant and his agent; (3) Perused the material submitted from the Department., Veterans Affairs, Ottawa 4, Ontario; (4) Instructed the Secretary to write Mr. Ablewhite's agent to request that he obtain a Sworn Affidavit verifying the conversation with Mr. Horace Best, the Building Inspector. This application was adjOUrned until August 12, 1968, for further (rnsiderati-on. CLASSIFIED "H" Application File No. 134-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Ray Eugene Hoskin, Owner, R.R. 42, Oshawa, Ontario, for part of Lots 4,5,6, Block "K", Village of Kendal, Lot 9, Con. V1, Township of Clarke, Submission No.';� -, ._ Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law 1494 so as to permit the separation of a parcel of land approximately 198' x 165' being approximately 32,670 square feet in area from the applicant's land. The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Ray Eugene Hoskin, the applicant, accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor of Orono, 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 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated June 20,1968. The Committee duly noted the contents thereof. Page 23, Meeting of Committee of Adjustment July 8, 1968: (2) A photostat copy of a Plan of the ViILige of Kendal by Wm. Murdock P.L.S., being part of a Plan of Survey as prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated October 2, 1967 and numbered 67090. The Committee visited the property on June 29, 1968 and noted the following facts: (1) The area of the subject lands was approximately ,198' x 165', approximately 32,670 square feet; (2) These lots are shown on the old Wm. Murdock P.L.S., Plan of the Village of Kendal, Ontario; (3) The lot to be severed has a frontage of 165' on Queen Street and 198' on Monck Street; (4) A modern dwelling is situate on the land facing Queen Street. The location of septic tank and wells seemed to be quite satisfactory; (5) As far as visual observation could ascertain there were no particular difficulties in topographical problems and the land appeared to be light land of high porosity. No surface drainage problems were noted. Mr. W. Kay Lyce.t was invited to make his submissions on behalf of the applicant and stated: (1) These subject lands form part of the present holding Of Mr. Hoskin and adjoin other lands which he owns composed of Lots 4 and 5 in Block "T" according to the same plan; (2) These same lands have been subject to a prior application before the Committee when severance was consented to for Lots 4 and 5, Block "T" and Lot 4 and part of Lot 5 in Block "K" (ref file 83-67 November 4, 1967 minutes); (3) The transaction of purchase and sale upon which the Previous application was made was not completed and the present proposed purchaser of the subject lands in this application desires a different severance. The Committee: (1) Perused the photostat copy of the Plan of Survey; (2) Listened to the oral representations of the applicant's agent; and Upon consideration of all these facts, the Committee felt this application should be granted. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "A" Application File No. 135-68 Mr. Robert Ross Boyd, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 232 Con. 1, Township of Clarke, Submission No. 'Y- /,) _Es - / Application was made for exemption or partial exemption from Provisions of Subdivision Control By -Law 1494 so as to permit the separation of a parcel of land approximately 200' x 150' being approximately 30,000 square feet in area from the applicant's land. Page 24 Meeting of Committee of Adjustment July 8, 1968:, The Secretary repor£ed that 19'notices of the said hearing had been mailed in sccordance with Item 4 of The Rules of Procedure. Por, and Mrs. Ross Boyd appeared in support of this application. The following persons also appeared:: Mr. George Stephenson, father of Mrs. Ross Boyd, of R.R. #27 Newcastle, Ontario; l Mr. Dick Vanderstoop, R.R. #2 Newcastle, Ontario. No other J person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting:. (1) Photostat copy of a Plan of Survey, being a Highway Plan #16546 prepared by J.L. Sylvester O.L.S., Port Hope, Ontario, dated 30th August, 1961 and numbered 61099. The Committee visited the property on June 29, 1968 and noted the following facts: (1) The applicant and his wife own two separate lots as joint tenants; (2) There is a modern bungalow situate on the Easterly lot; (3) The second lot is vacant-, (4) The northern boundary of the lots front on Highway #2; (5) The bungalow faces on a side road, which runs in a Northerly and Southerly direction, with the driveway onto this side road;; (6) The Committee, from their visual observation, observed there were no particular differences in topography. Mr. Robert Ross Boyd was invited to make his submissions and stated as followst (1) He secured'fwo building lots in 1957 and built a home on the first lot, which conformed with the recognized building lots at that time and also with regard to wells and septic tanks; (2) He was under the impression that the two lots were separate and did not realize that a deed in the joint names of himself and his wife would meld the two properties; (3) This application is for a correcting deed and the severance from the abutting lands as he desires to build a new house on the vacant lot and ell the present dwelling, as his family has grown. Mr. Arthur Low, Zoning Administrator for Township of Clarke was requested for his comments and he stated that the vacant lot did not conform to By -Law 1592 which now restricts size of lots to a the fron tage of 150' and an area of 1 acre. Page 25 Meeting of Committee of Adjustment July 8, 1968.. . Mr. George Stephenson, father-in-law of Mr: Robert Ross Boyd, stated that he owns the farm from which these lots were originally severed and he was prepared fo sell enough land to add to the area of the vacant lot, if this was feasible and if this would allow Mr. Boyd to sever the lot. The Committee indicated that they would view a severance more favorably if the applicants could enlarge their lot. This application was adjourned until July 15, 1968 to allow Mr. Boyd and Mr. Stephenson to come to some agreement about the additional land. CLASSIFICATION "H" & "O" Meeting adjourned at 1:00 A.M. is Cc_. _ T. J .%� o Secretary-Treasur r Present: MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, July 15,1968, at 8:00 P.M. Council Chamber, Orono E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osbornes Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, A.A. Low, Zoning Administrator for Township of Clarke. The minutes of meeting"of July 8, 1968 were approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker._ Carried. Application File No. 115-68; "116-68; Messrs. Strike & Strike, Agent Barristers & Solicitors, 117-68 Bowmanville, Ontario, 118-68; Stewart Adair Collins, Owner, 119-68 R.R. #22 120-68; Newcastle, Ontario, for part of Lot 23, 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!'. 120-68-104 These applications were brought forward for further discussion. Mr. Stewart Adair Collins No appeared in support of these applications. other person appeared in support of, or in opposition to these applications. The Chairman, E. Richard Lovekin, stated that Mr. Collins' Solicitor, Mervyn B. Kelly Esq., of Messrs. Strike & Strike, -Barristers & Solicitors, Bowmanville, Ontario, had telephoned him seeking clarification of his client's legal position and the Chairman had suggested that Mr. Collins,,or his Solicitor attend the regular meeting eof the Committee at 8:00 pm on Monday July 15, 1968, in the Council Chamber, Orono, Ontario, The Secretary -Treasurer presented to the meeting the following material: (1) Registered correspondence .to The Ontario Municipal Board, 145 Queen St. West, Toronto, Ontario,being a copy of a letter dated July 9,.19687 signed by R.C. Simpson, Chairman, Clarke Planning Board.