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HomeMy WebLinkAbout08/26/1968r Page 7, Meeting of Committee of. Adjustment August 12, 1968: The Committee perused the Survey submitted and this application was ddjou.rned until such time as the Sworn Declarations are presented to i;he Committee for their further consideration. CLASSIFICATION "E" Meeting adjourned at 10:30 P.M. Secretary -Treasurer MEETING of the COMMITTEE OF ADJUSTMENT for the TOhiNSHIP OF CLARKE Monday, :august 26, 1968, K. Schoenmaker, Acting Chairman at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F. R. Osborne, Member, Mrs. Ellen 1,1. Yeo, Secretary -Treasurer A.A. Low, Zoning Administrator for Township of Clarke. The minutes of meeting of August 12, 1968 were approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. Application File No. 73-67 W. Kay Lvicett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Carl Todd, Owner, R.R. #1, Newtonville, Ontario, for part of Lot 2, Con. 1V, Township of Clarke, Submission No. "B" 73-67-120 This application was brought forward for review. The Committee: (1) Referred to minutes of meetings held on July 31,1967; September 5, 1967; October 2, 1967; (2) Recalled their inspection of the site on August 8, 1967; and instructed the Secretary to inform Mr. Todd, by letter, that his application would be adjourned for a period of 3 months and if the conditions as set down in the previous minutes are not met by that Lime, his application will be dismissed. CLASSIFICATION "E" Applidation 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.'S "ioi-6,f a - As business arising from minutes of past meetings, this applice;tion was presented for further consideration. No person appeared in support of, or in opposition to this application. Page 2 Meeting of Committee of,.:djustment August 26, 1968: The Secretary reported that during a tele"hone conversation with Mr. Timoll he stated he was unable to complete his application at this time on the terms and conditions as set out under date ore last meeting. The Committee instructed the Secretary to inform Mr. Timoll, by letter, that his application would be adjourned for a period of three months and if the conditions are not met by that time, his application will be dismissed. CLASSI'r'ICATICN "L" Application File No. 115-68; Messrs. Strike & Sttke, Agent 116-68; Barristers & Solicitors, 117-68; Bowmanville, Ontario, 118-68; Stewart Adair Collins, Owner, 119-68; R.R. 421 120-68; Newcastle, Ontario, for ,)art of Lot 23, Con. 1112 Township of Clarke, Submission Ho. "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 ware brought forward for further discussion. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from M.B. Kelly, B. Comm. LL.B. of Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario, dated August 20, 1968. (2) A copy of a letter addressed to E.R. Lovekin B.A. LL.B., Chairman, Committee of Adjustment, Township of Clarke, Newcastle, Ontario, from M.B. Kelly B. Comm., LL.B., dated August 21, 1968. The Committee duly noted the contents thereof. The Commitee referred to paragraph (1) of Mr. Kelly's letter to Mr. Lovekin wherc;in he states: "As you are aware, the apfiedl by the Planning Board of Clarke Township to the Ontarlo Municipal Board in connection with the decision of the Committee of Ajustment regarding the Collins severances was rejected by the Board upon motion for directions on Friday, the 16th day of August 1968" The Committee having been advised by the Solicitor for the application, of The Ontar._o 'Municipal Board's decision were satisfied that all. administrative steps should be completed so that upon official notificationfrom The Ontario Municipal Board of their decision the matter can be finalized. The Secretary was instructed to inform Mr. Kelly, by letter, that the deeds with the necessary consent of the Committee with attached Declarations would be in the office of the Chairman L.R. Lovekin to be obtained from there. ' CL.vSSIFICATION "K" C Page 3 Meeting of Committee of e�djust:ent August 26, 1968: Application File No. 123-68 Pairs. Freda Giddens, Owner, 19 Denmark Crescent, Willowdale, Ontario, Iir. 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 As business,arising from minutes of past meetings this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Saul Schwartz Esq., Schwartz and Jacobson, Barristers & Solicitors, Suite 222, 3089 Bathurst Street, Toronto 192 Ontario, dated Auclust 15, 1968. The Committee duly noted the contents thereof. (2) A Sworn Affidavit, in duplicate, signed by Saul Schwartz, dated August 15, 1968, with a copy of the Offer to Purchase attached thereto and marked Exhibit "A", verifying that the said Agreement was dated on the 10th day of April, 1968, and was accepted by the Vendor the aforesaid Freda Qiddens on the 11th day of April, 1968. The Committee: (1) Referred to the minutes of meetings of July 8, 1968 and August 12, 1968; (2) Recalled their ins_,ection of the site on June 29, 1968; (3) Noted the facts covered in the Sworn Affidavit; and concluded that the applicant had complied with the conditions imposed as evidenced in former minutes. :application granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIi'ICATION "E" Application File No. 124_68 Messrs. Strike & Strike, Agents, Barristers & Solicitots, Box 7, Bowmanville, Ontario, William Malarenko, Owners, Olana Malarenko, R.R. #2, Newcastle, Ontario, for part of Lot 17, Con. ll, Township of Clarke, Submission No. '13" As business arising from minutes of past meetings, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Secretary—Treasurer presented the following material to the meeting: (1) Correspondence from M.B. Kelly Esq., Messrs. Strike & Strike-, 3arri.sters & Solicitors, Bowmanville Ontario, dated August 22, 1968. The Committee duly noted the contents thereof and the Secretary was instructed to notify Mr. Kelly the date of the next meeting. CLASSIF'1CATIGN "Z" . . . . . . Page 4 Meeting of Committee of adjustment, August 26, 1968: Application'Fi.le No. 133=68 W. Kay Lyc_tt B.A., Agent, Barrister & Solicitor, Orono, Ontario, William Thomas Ablewhite Owners, Grace Marion %blewhite, R.R. =41, Newtonville, Ontario, for part of Lot 6, Con. 1V, Toc:,nship of Clarke, Submission Ido. 133-68-116 As business arising from minutes of the last meeting, this application was presented for furth-:r consideration. 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) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated August 227 1968 and numbered 68078; The Committee: (1) Reviewed the minutes of meetings of July no, 1968 and August 12, 1968; (2) Perused the Plan of Survey presented; and after due,consideration were satisfied that the applicant had complied with the conditions imposed as evidenced in former minutes. Application granted on moti_,n by K. Schoenmaker, sec,.jnded by E.F.R. Osborne, Carried. CLASSIPICATIGN "H" Applicat on File No. 136-68 Henry DeVries Owners, Hyke DeVries, R R. #2, Newcastle, Ontario, Richard H. Donald Esq. Iagent, 69 King Street E., Osha,aa, Ontario, for part of Lot 26, Con. 111, Tow;,ship of Clarke, Submission No.`3 i3L-�.s-n3 As business arising from minutes of past meetings this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Secretary reported that a letter dated August 13, 1968 had been mailed to Richard H. Donald Esu., Barrister & Solicitor, 69 King Street East, Oshawa, Ontario, agent for the applicant re- questing Sworn Affidavits (ref. minutes July 15, ].968) but these had not been received. The Committee instructed the Secretary to correspond ag::in with the agent requesting the Sworn Affidavits to present at the meeting Lo be held on Septembt-r 23, 1968. CLASSIFICATION qE" C Page 5 Meet_nj of Committee of ;',djust:hent, august 26, 1968: Application File No. 137=68 Mr. J. McKenzie, Agent, R-3al 'E"state Dept., Canadian National Pailway Co., P.O. Box 8107, hIontreal, Quebec. E. Richard Lovekin B.A.LL.B4Owne Barrister & Solicitor, Box 9, Newc_stle, Ontario, Mr. James Patrickson Lovekin, C/o E. Richard Lovekin B.A.LL.B. Barrist--r & Solicitor, Box 9, Newca2tle, Ontario, for part of Lot 351 Con. 1, Township of Clarke, Submission No. "B" 137-68-117 Application was m=de 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 1136.48' x 19' being approximatdly 0.502 acres in area from the applicant's land. The Secretary reported that 20 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Eric Richard Lovekin B. ., LL.B., Barrister & Solicitor, Box 9' appeared in support Newcastle, Ontario, one of the owners a of this appligation. The following persons also appeared: Mr. Charles Gilkes, R.R. 427 Newcastle, Ontario, Mr. G; Hartemink, R.R. 42, Newcastle, Ontario. No other person appeared in sup -sort of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from L. Forgu<s, Manager of Real Estate, Canadian National Raili;ays, St. Lawrence Region, P.O. Box 81071 Montreal 3 Quebec, dated June 21, 1968; July 9, 1968; August 9, 1968; .The Committee duly noted the contents. (2) A Plan of Survey prepared by J.A. Middleton, Ontario Land Surveyor,�complel_ed on the 29th day of August 1966, said Plan of Survey registered in the Registry Office for the Registry Division of the WestRiding of the County of Durham on the 7L -h day of OcL-ober 1966 at 3:05 o'clock P.M. as Number N31162. The Chairman of the Committee, Mr. E.R. Lovekin stated that this application concerned property owned by his brother James P. Lovekin and himself and he therefore withdrew with the members' consent. Mr. K. Schoenmaker as senior member assumed the chair. The Committee noted the following facts: (1) This application is being presented by the Canadian National Railaway Company with the consent of the owners E. Richard Lovekin, B.A., LL.B. and Mr. James Patrickson Lovekin. The purpose of the application was to procure the consent of the committee Of Adjustment to the separation of a parcel of land shown on the said Plan of Survey prepared by J.A. Middleton and outlined in "red" which is a right-of-way widening. is (2) The widening/required to facilitate the construction of two railway sidings. The land taken is actually the south side of a Department of Highways service road and the land rec_uired by the railway will be taken from the north side of the existing service road to maintain a 66' road allowance. Page 6 Meeting of Committee of :adjustment August 26, 1968: The Committee wdre'of the opinion that this appli_c:tion was the same as Application File No. 96-67 (ref. minutes January 15, 1968) and that no objection could be taken to this necessary public work. 'Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "L" Application File 138-68 Robert C. Simpson, Owner, R.R. #2, Newcastle, Ontario for past of Lot 20, Con. 11, Township of Clarke, Submission No. "B" 138-68-118 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 150' x 3001being approximately 1 acre in area from the applicant's land. The Secretary reported that 50 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. George Cameron, 300 Mitchell Avenue, Oshawa, Ontario, the proposed purchaser, appeared in support of this application. Also appearing were the following persons: Mr. Percy William Allin, R R. 427 Newcastle, Ontario, and Mr. Rudy Gobkes, 304 Mitchel -1 Avenue, Oshawa, Ontario. 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 Plan of Survey, prepared by M.D. Brown, Engineer and Surveyor, Bowmanville, Ontario, dated July 91 1968 and numbered 65094 "B" with a notation "this plan revises plan dated June 11, 1968 and numbered 65094 "A". The Chairman of the Committee, E. Richard Lovekin, stated that he represented The Director, The Veterans' Land .act in the area from time to time and he, therefore, withdrew with the members' consent. Mr. K. Schoenmaker as senior member assumed the chair. There was no one present to represent the applicant at the beginning of the evening and the Chairman, Mr. K. Schoenmaker, set the matter down the list to allow Mr. George Cameron to contact the applicant with a view to having him appear at the meeting. The Committee noted the following facts: (1) This application is for a sale to The Director, The Veterans' Land Act; (2) As an Officer of the Queen in the right of Canada, it is the undersLanding of the Committee that in strict law, The Director does not require a consent to severance as title is taken in the name of Her Majesty the Queen in right of Canada and not in the name of the veteran and the situation is, therefore, similar to one where land is taken for a Post Of*ice or for other Federal purposes. (3) It is the further understanding of the Committee, however, that as a matter of policv The Director requires that permission of a Committee of Adjustment be obtained in the normal course of events. i Page 7 Meet" -ng of Committee of .adjustor^int August 26, 1968:. (4) I+ is noted th..t the l.nd-to be subdivided is shown in Schedule "A" to Township of Clarke Zoning By -Law =1592 as an 11R2" area. There have been sub- divisions of Lend in the area surrounding a golf course locally referred to as Newcastle Golf Course Limited and this severance As of the same general character. The established pattern of development is that lots surrounding the Golf Course are being sold, the Golf Course itself constituting a large green belt area. Mr. Robert Simpson then appeared and was invited to make his submissions. He stated: (1) The proposed property is on a well travelled, maintained road and is very close to the local recently constructed school. (2) 11Ir. Simpson pointed out that his original holding was 2722 acres, acquired 17 years ago from which he had sold some lots; his golf course comprised 160 acres and some of the land was seeded down. The property obviously had not been bought for re -sale. Mr. Percy William :Min, R.R. #2, Newcastle, Ontario, an abutting owner, wa:1. invited to make his submissions and he stated that he had no objection to this particular severance but he had experienced poluti_on of his pond by wash water draining into the pond from a road ditch. He thought that this proposed severance of Mr. Simpson wo ld not acoravate the situation, or have any material effect upon it. Por. Simpson stated that such a situation had been corrected. Mr. George- Cameron stated that he hid obtained approval from the Health Unit, Northumberland & Durham on July 30, 1968. The Committee: (1) Perused the survey submitted; (2) Listened to the oral representations of the applicant Mr. Simpson, and the abutting owner Mr. Percy William Allin; and this application was adjourned to enable the Committee to visit the property on Thursday, August 29, 1968. CLASSIFICATION "J" Application File No. 139-68 Mrs. Wallace Gibson, Owner, R.R. #2, Newcastle-, Ontario, for part of Lot 31, Con. 111, Township of Clarke, Submission No.'$"✓a9-d8- gj Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1_494 so as to permit the separation of a parcel. of land approximately 300' x 100' being approximately 22,300,square feet in area from the applicant's land. The Secretar­ reported that 1.9 notices of the said hearing had been mailed in accordance with Item 4 of The Pules of Procedure. Mrs. Wallace Gibson, R.R. k2, Newcastle, Ontario, the applicant, appeared in support of this a;plicst-on. Also appearing were Mr. and Mrs. Gerald Gibson, son and daughter-in-law of Mrs. Wallace Gibson. No other person appeared in support of, or in opposition to this application. Page 8 Meeting of Committee of.Adjustment August 26, 1968 - The Secretary -Treasurer presen£ed the following material to the meeting: (1) A photostat col;y of correspondence addressed to Mrs. ',dallace Gibson, R.R. 422 Newcastle, Ontario, from il.D. Brown, Engineer and Surveyor, 121 Queen Street, Bowmanville, Ontario. The Committee duly noted the contents thereof. (2) A Plan of Survey prepared by M.a. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated August 9, 1968 and numbered 67083;. Mrs. Gibson ,was invited to make her submissions and she stated as follows: (1) She was a widow, her husband having died suddenly a few months ago leaving her to operate the family fruit farm. (2) Two houses already exist on the lands owned by the applicant and no change is anticipated in the existing use of the property or the buildings located thereon. The lands severed will be transferred to the son which will legally acknowledge a de facto situation. (3) Her son, Gerald Gibson, and his wife have occupied the house on the proposed severance for one and a half years and have installed a water system and a septic tank which has been approved by the proper authorities. (4) Gerald Gibson, son of the applicant is a member of the Ontario Provincial Police, Whitby, Ontario Detachment and assists and has assisted in the operation of the fruit farm for a number of years. The Gibson family have operated orchards in the area for generations. The Committee:. (1) Perused the survey submitted; (2) Listened to the oral representations of the applicant; (3) Noted that the house has been lived in continuously and was, in fact, occupied at the time of the passing of The Corporation of the Township of Clarke By -Law 41592 regulating l-nd use; and were of the opinion that the whole aj;plication is quite bona fides. This apolir_aton was adjourned to enable the Committee to visit the prnperty on Thursday, Aucust 29, 1968. CLASSIFICATION "E" Application File No. 140-68 ApplicPt.on was made provisions of Subdivision permit the separation of a 67.98' being approximately applicant's land. W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Hilda Hazel Coatham Owner, R.R. 41, Orono, Ontario, for part of Lot 28,Con V, being Lot 9,Block "Y" in Police Village of Orono, Township of Clarke, Submission No."jj''✓y�_�g,Ia for exemption or partial exemption Control By -Law No. 1306 so as to parcel of land approximately 179'x 12,168.42 square feet in area from from the Page 9 Meeting of Committee 6f .,djustment, August 26, 1968: The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Otto Coatham, on behalf of his wife and accompanied by the agent W. Kay Lycett B.A., Barrister & Solicitor, of Orono, Ontario appeared in sup, -ort of this application. Also ap.earing were Mr. & Mrs. James Middleton, Orono, Ontario. 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 August 15, 1968. The Committee duly noted the contents thereof; (2) A pencil sketch of the proposed severance prepared by Mrs. Hilda Hazel Coatham. Pir, W. Kay Lycett, as agent for the applicant, made the following submissions: (1) Mrs. Coatham presently owns'a duplex dwelling house facing Mill Street in the Village of Orono and this property also fronts on a side street shown on Hannino's Plan of the Police Village of Orono. (2) Mrs. Coatham proi:oses to sever the rear portion cF her present holding so ac to retain 10,000,square feet of the front portion o- the property upon which is situate the durlex dwelling and the subject property to be separated is to be composed of the balance of her holding which she would like to convey to her husband for the erection of a dwelling house thereon and this subject property will front on the unnamed street to the north. Mr. Coatham was invited to make his submissions which were as follows: (1) He owns a farm on Lot 20, Concession 5, in the Township of Clarke and is presently living there with his wife; (2) He wished to terminate his farming operation, move into Orono and build a new house. The large lot at the rear of the diplex dwelling seemed a logical solution for this purpose. (3) Municipal water is available. The Committee considered the facts as presented and this applicat- was adjourned to enable the Committee to visit the site on Thursd , August 29, 1968. CLASSIFIC2=0N "J"' 7 ' Meeting adjourned at 11:00 P.M. Set etary-Treasurer __- MEETING of the COMMITTEE OF ADJUSTM_NT for the TCGJ,43t1lP OF CLARKE Thursday, August 29, 1968, at 8:00 p.m. Present: E.R. Lovekin, Chairman, Council Chamber, Orono K. Schoenmaker, Member, E.P.R. Osborne, i•Iember, I`Ir' Ellen M. Yeo, Secretary -Treasurer The minutes of meeting of August 26, 1968 were approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried.