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HomeMy WebLinkAbout09/23/1968MEETING Of the COMNITT 1 OF _',DJUS'TMZNT for the T.U':JN S iIF Gi' SAKE Monday, September 23, 1968 at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Lllen M. Yeo, Secretary -Treasurer, A.A. Low, Zoning :'administrator for Township of Clarke. The minutes of meeting august 29, 1968 were approved as read on motion by Z.F.R. Osborne and seconded by K. Schoenmaker. Carried. The :secretary- Treasurer presented the following material to the meeting: (1) Correspondence from H.E. Ajilson Township of Clarke , Clerk, Treasurer, , Orono, Ontario, dated September 20, 1968 with certified copy of By -Law No. 1602, a BY -Law to amend Zoning By -Law No. 1592 attached. The Committee duly- noted the contents and returned same to the Secretary for filing. Application File No. 73-67 W. Kuy Lycett B.A., Agent Barrister & Solicitor, Orono, Ontario, Carl Todd, Owner, R.R. #13 Newtonvi_lle, Ontario, for part of Lot 2, Con. 1V, Township of Clarke, Submission No. "B" 73-67-120 As business arising from the minutes of pasL meetings, this application was presented for further consideration. Mr. W. Kay Lycett B.A., Barrister & Solicitor of Orono, apleared in support of this applicLtion. No other ;error, appeared in support of, or in OPPOsition to, this applicatio . The Secretary -Treasurer P meeting: resented the following material to the (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated September 61 1968- The Committee duly noted the contents thereof. (2) A Plan of Survey prepar-d by M.D. Brown OLS., Bowmanville, Ontario, dated April 25, 1968 and numbered 68021. The Committee: (1) Reviewed the minutes of meetings July 31, 1967; September 5, 1967; October 2, 1967; August 26, 1968. (2) Recalled their inspection of the site on August 8, 1967; (3) Perused the Plan of Survey submitted; and wc-re of the opinion that the applicant had complied with the conditions imposed as evidenced in former minutes. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovckin. Carried. CLAS ;IFIC:,'_rTON nEn Page 2 Meeting of Committee of Adjustment September 23, 1968: Applic',tion File No. 115-68; Messrs. Strike & StrIn ,Agent 116-68; Barristers & Solicitors, 117-68; Bowmanville, Ontario, 118-68; Stewart Adair Collins, Owner, 119-68; R.R. 427 120-68; Newcastle, Ontario,, for part of Lot 23,Con.1112 Township of Clarke, Submission No. "B"115-68-99 "B"116-68-100 "B7117-68-101 "B"118-68-102 7B"119-68-103 "3"120-68-104 These applications we_e brought forward for further review. The Secretary -Treasurer presented the following material to the meeting: (1) Corr:_spondence from R. Scott, Secretary, Ontario Municipal Board, 145 Queen Street West, Toronto, dated August 23, 1968. The Committee duly noted the contents thereof. (2) Duplicate Original of the Order of the -Board made on the 22nd day of August, 1968, rith respect to the Appeal by The Clarke Planning Board against a decision of the Committee of Adjustment. The Committee: (1). Perused the Order of the Board; (2) Noted that the Plan of Survey as prepared by N.D. Brown OLS., Bowmanville, Ontario, dated =pril 23, 1968, 468022 was still the basis of the land division approved; and were or the opinion that these files were now finalized and the facts were duly recorded for purposes of the clarification of the records. CLASSIFIC.-�TIUN "K" Applicati,;n File No. 124-68 Messrs. Strike & Strike, Agents Barristers & Solicitors, Box 72 Bowmanville, Ontario, William Malarenko, Owners Olana Malarenko, R.R. ,=2, Newcastle, Ontario, for part of Lot 17, Con. 117 Township of Clarke, Submission No. -',F As business arising from minutes of past- meetings, this a plic>tion was, presented for further consideration. Mr. and firsS Willi_m Malarenko, accompanied by their agent Mervyn B. Kelly, B. Comm., LL.B., of Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, OntAri.o, appeared in support of this application. No other :Terson appeared in support of, or in opposition to this application. The Secretary -Treasurer ._resented the following material to the meeting: (1) Correspondence from M.B. Kelly B. Comm., LL.B., Iies"rs. Strike & Strike, Barrist.rs & Solicitors, Box 72 Bowmanville, Ontario, dated September 13, 1968. The Committee duly noted the contents thereof; a Page 3 Meeting of Committee of Adjustment September 23, 1968 (2) A certificate of ap)roval for the installation o:E private sewerage system from the Head Office, Northumberland -Durham Health Unit, Cobourg, Ontario, dated August 29, 1968 and signed by Ins-ector I'Ir. Henry P.. Rood; (3) The original Applicati.cn for Consent form duly completed by the applicant as re7uested in minutes of meeting July 157 1968; (n) A photostlat coly of a Plan of Survey, being a deposited Plan No. 603 (Highways File P-2001-6); The Committee:. (1) Reviewed the minutes of meetings July 8, July 15, August 12, 1968; (2) Recalled their inspection of the site on June 29, 1968; (3) Perused the documents presented; Following a, period of discussion the Committee reserved their opinion. CLASSIF] C,-.'2IGN "Z" Application File No. 136-68 Henry DeVries Owners, Hyke DeVries, Newcastle, Ontario, Rich.rd H. Donald Esq., Agent, 69 King Street E., Oshawa, Ontario, for part of Lot 26, ''_'on. 11.1, Township of Clarke, Submission No. "B" 136-68-123 As bus;i,;ess arising from minutes of past meetings .this application was -resented for furth_r consideration. No person appeared in sup_:ort of, or in opposition to this application. The Secrct-ry-Treasurer presented the following material to the meeting: (1) Corresoondence from Richard H. Donal -1 B.A., Barrist r & Solicitor, 69 King Street F�., Oshavia, Ontario, dated August 29, and Sentember 10, 1968. The Committee duly noted the content^ thereof; (2) A Sworn Affidavit signed by Henry De Vries and dated September 10, 1968,.verifying that he understands this severance is granted on a father and son, agricultural use single severance basis only; (3) A Sworn Affidavit signed by George C. Glasbergen, dated September 10, 1968 v�rifyinc that he intends to assist his f,.ther-in-law on the land. c The Committee: (1) Noted the fasts covered in the Sworn Affidavits aiad instructed the Secretary to adv --se Nr. DeVries of 1 the meeting to b- held on September_ 30,,1968. J CLASSI^IC.,'=CN "E" Applicat'. n File No. 139-68 Mrs. IiJallace Gibson, Owner, R.R. ;'2, Newcastle, Ontario, for part of Lot 31, Con. 111, Township of Clarke, Submission No. "B" 139-68-121 As business arising from minut--cs of past meetings, this anplicltion was _resented for :further consideration. . . . Page 4 Meeting of Committee of -djuskment Sentember 23, 1968: ...- No pe,`"�'��n ppenred in sup -rt Ot, Cr -i. ri Obi'"'O$lti�,ri t0 this applicatLon. The Secretary -Treasurer •resented the followinC material to the meeting: (1) A Sworn Affidavit signed by Gerald Bradley Gibson, dated September 7, 1968, verifying th.t h- intends to assist his mother Mari Olive Gibson in the operation of h r orchard as he h=s done in the past and will continue in the future. The Committee: (1) Recalled their inspection of the site on August 29, 1968; and were of the opinion that the applicant had complied with the conditions imposed __, evidenced in former minutes. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIPIC .TTuN nEn Application File No. 140-68 W. Kay Lycott B.A., Agent, Barrister d Solicitor, Orono, Ontario, Hilda Hazel Coatham, Owner, R.R. #1, Orono, Cntaric, for part of Lot 28, Con. V, being Lot 9, Block "Y", in Police Village of Orono, Township of Clarke, Submission No.%&"i,/c-E F_,�,5^ As business arising from minutes of past meetings this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ont.rio, agent for the applicant appe;rcd 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 Edward R. Woodyard, Secretary, Police Trustee Board of the Village of Orono, dated September 13, 1968; The Committee were satisfied that this letter answered their questions with regard to the unnamed street (ref. minutes August 29, 1968) and noted that it was considered a thoroughfare; necessary improvements would be made and there appeared to be no problem with regard to sewage or drainage. The Committee: (1.) Reviewed the minutes of meetings August 26, and August 29, 1968; (2) "ecalled their inspection of the site on August 29th 1968; , (3) Instructed the Secretary to request Mrs. Co,tham's agent to Complete the application by submitting a formal Plan of Survey prepared by an Ontario Land Surveyor, showing the subject land outlined in red. This applicsti_oh was adjourned until such time as a Plan of Survey is presented to the Committee for their further consideration. CLAS'riIZIC:_TIO.I "J" Page 5 Meeting of Committee of ,Ldjustment September 23, 1968: Application -File No. 141-68 Sunnydene Estates Ltd., Owner, (In Trust) P.O. Box 141, Toronto -Dominion Centre, Toronto 1, Ontario, for part of Lots 9 & 10,Con.V, Township of Clarke, Submission No:�✓� -Gfr-sem 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 600' x 740' being approximately 10.02 acres 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 0£ The Rules of Procedure. No person appeared in support of this application. Mr. Keith wood, R.R. 41 "Kendal, Ontario and Mr. John P. McKay, R.R. 41 NE-_wtonville, Ontario, abutting owners appeared as observers. Mr. Llewellyn Hallowell appeared in opposition to this application. No other person :appeared in support of, or in opposition to this apnlrcatlon. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Mr. Peter Caspari, President, Sunnydene Estates Limited, Toronto Dominion Centre, P.O. Box 141, Toronto 1, Ontario, dated August 15, August 23, September 3, 1968 and also correspondence from Mrs. D. Jones, Secretary to Petr Caspari, President, Sunnydene Estates Limited, dated September 16, 1968. The Committee duly noted the contents thereof. (2) 'A Pl,�n of Survey, prepared by M.D. Broom OLS., Bo'wmanville, Ontario, dated July 24, 1968, numbered 68066 showing the subject land outlined in red. The Committee noted that Mr. Caspari did not appear at the meeting; due to his absence from the Country. The persons appearing were asked to submit their submissions: (1) Mr. Keith Vlood stated that he had no objection to the proposed severance; (2) Mr. John P. McI'ay stated that he had no objection to the proposed severances but he was concerned about the maintenance of the fence between himself and the applicant; (3) Mr. Llewellyn Hallowell stated that hr, objected if the water rights situated at the south end of the farm were to be included in this severance. He further stated that, in his opinion, this severance would jeopardize the value of this land as a farming operation. This a-,plicat'.on c;as ad'ourned, awaiting Mr. Caspari's return and to enable the Committee to visit the pr-;perty. CLASSIFICATION "E" Appl.icat'.on File No. 142-68 Sunnydene Estates Ltd. Owner, (In Trust) P.O. Box 141, Toronto -Dominion Centre, Toronto 1, Ontario, for part of Lots 9 & 107 Con. V, Township of Clarke, Submission Application was made for exernption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of lend approximately 9001x789' being approximately 16.02 acres in area from the applicant's land. C Page 6 Meeting of Committee of adjustment September 23, 1968: The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. No person,appeared in support of this ap,-lication. The follow- ing persons appeared as observers: Por. Keith wood, R.R. 41 Kendal, Ontario, Mr. John P. McKay, R.R. rl Newtonville, Ontario, Mr. Llewellyn Hallowell, R.R. 41 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) A Plan of Survey, prepared by M.D. Broom OLS., Bowmanville, Ontario, dated July 24, 1968, numbered 68066 showing the subject land outlined in red. The Committee noted that thn proposed severance concerned the same property as in A_aplicati:n No. 141-68 and is situate at the northwest corner. This application was adjourned, awaiting Mr. Casoari's return and to enable the Committee to visit the property. CLASSIFICATION "E" Application Pile No. 1'i3-68 D.M. Lyons, Owner, 65 King George's Rd., Toronto 18, Ontario, for part of Lot 6, Con. Vl, Township of Clarke, Submission No. "B" 143-68-122 Application was made for exemation or partial exemption from :provisions of Sub -Division Control By -Law No. 1494, so as to permit the separ5ticn of a _parcel of land being approximately 10 acres in area from the applicant's land. The Secretary reported that 24 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. and Mrs. D.M. Lyons appeared in support of this application. The following abutting owners appeared as observers: PYr. M.L. Newman and Mr. G.B. Miller, 41 Rosedale Rd., Apt. 303, Toronto 5, Ontario. No other ; erson snljo_.rsd in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from John J. Hazel Esq., Messrs. Macl-lahon and Hazel, Barristers & Solicitors, 2489 Bloor St. ;u. Toronto 9, Ontario, dated August 26, 1968 and September 3, 1968. The Committee duly noted the contents thereof. (2) A photostat co;;y of a Plan of Survey, prepared by Browne, Cavell and Jackson, Ontario Land Surveyors, 281 Humbercrest Blvd., Toronto 9, Ontario, Per "Jack T. Garb!L-t", Ontario Land Surveyor, dated July 101 1965 and annotated "revised July 24, 1968, Revised, Au.lust 11, 1967"; _ Mr.. D.A. Lyons was invited to mok e his submissions and he stated: 1(1) This application is for the severance of 10 acres which an abutting owner wished to buy by name of Dimitr=ious Oushalkas, 4 Mice Crescent, Scarborough Ontario. Mr. Oushalkas presently owns 15 acres front- ing on the .road allowance between Concessions 6 & 7 and the ad:iQ onal 10 acres is for Mr. Oushalkas' son. Page 7 Meeting of Committee of adjustment September 23, 1968: Mr. H.L. Newman stated that he -and Mr. G.B. Miller_ came to the meeting because they were concerned about the right - of - way `and what effect the proposed severance would have on his property. He stated that he had purchased property from one Mrs. Catherine Fitzgibbon and understood that the right-of-way was to be maintained by Mrs. Fitzgibbon. This has not been the case. The road is in an extremely'bad condition and he and Por. Miller plowed the road in order to allow the contractor to build. His house is now complete and winterized. Ho further pointed out that if more severances were granted allowing people to move in, the right - of - way which formed part of his property would have to be improved in some way. Mr. Lyons stated that he and Mrs. Claude Fitzgibbon had contributed jointly to the opening of the right - of - way and, in his opinion, this road was in fairly good condition. The Committee noted that the abutting owners Messrs. Newman and Miller were concerned about the maintenance,of the right-of-way and their legal rights of ingress and egress. The issue or the legal status of the road was not, germane to the case now before the Committee but rather was an issue to be settled among the parties concerned by c_;nsultation among themselves through their Solicitors. The land concerned will be added to a lot that has frontage on the road allowance between Cohcessions'6 & 7. Mr. M.L. Newman stated that he had no objection to the proposed severldce if the entrance to the property could be from the road allowance between Concessions 6 & 7. His concern was for the future °and`his _primary purpose in attending this meeting was to bring to everyone's attention the potential road problem. The Committee noted the following facts: (1) The land to be severed from the Lyons property was to be added to the lands of an abutting owner, which lands were originally owned by the said D.M. Lyons. (2) The Committee have consistently a3lowed an increase in land ara, ,provided that the added lands meld with an existing holding. (3) Under the definition of tho term "lot" in the new Zoning By -Law 01592 the total land ar,a would . constitute one lot only with resulting ra=trictions on the humber of buildings etc. (4) The new lot wOal6 have a frontage on the Township road between cohcs 6 & 79 Township of Clarke of approximately 633.52'. This application was adjou.rncd to Thursday, 26th September at 6:30 pm to enable the Committee to visit the property and render a decision. CLASSi'ICATIGN "H" Application File No. 144-68 W.Kay Lycett B.A., Agent, Barrister a Solicitor, Orono, Ontario, Maurice Harold Pedwell Owner= Olive Marie Pedwell, R.R. ?21 Newcastle, Ontario, for part of Lot 30, Con. 11, Township of Clarke, Submission No. "B"144-68-124 Applicati n 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 o2 land approximately 1001x150' being approximately 157000 square feet in area from the applicants' land. Page 8 Meeting of Committee of adjustment September 23, 1968: The Secretary reported that 24 notices of the said hearing had begin mailed in accordance with Item 4 of The Rules of Procedure. W. Kay Lycett B.A., BarrisLn r & Solicitor, Orono, Ontario, agent fer the arplicant appeared in support of this applic_.tion. No other person appeared in support of,or in opposition to this application. The Secretary -Treasurer presented the following material to the Committee: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario dated September 3, 1968. The Committee duly noted the contents thereof. (2) y photostat copy of a Plan of Survey, prepared by M.D. Brown, Ont::rio Land Surveyor, Bowmanville, Ontario, dated July 28, 1967 and numbered 67060. Mr, W. Kay Lycett made the following submissions: (1) The pp urose of this application is to undertake the sale of the proposed subject lands to one Mr. Pat Blaker, a veteran purchasing under the Veterans' Land Act. Mr. Blaker presently owns two parcels shown adjacent to the South of the sub- ject land and wishes to enlarge his present holding. The Committee: (1) Noted that they had dealt with a previous application on this property (ref. File No. 95-67, December 18, 1967), The Committee, in review of all the facts, were of the opinion that this land was for an addition to 1_nd already sold to The Director, The Veterans' Land Act and there was no reason why this application should not be granted, provided that Mr. Blaker supply a Sworn Affidavit verifying his intention to hold this land so that it will eventually mold .with his holding under the Vetersns' Land Act. Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "H" Applicati_n File No. 145-68-119 David Bowman Esq., Agent, Barrister & Solicitor, 362 King Street E., Oshawa, Ontario, Lloyd Owen Perry, Owner, 646 Gorevale Crescent, � Oshawa, Ontario, for part of Lot 307 Con. V1, Townshi;_, of Clarke, Submission No. "B" 145-68-119 Applicotion was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the sep-ration of a Parcel of land approximately 100' x 150' being approximately 15,000 square feet in area from the aOplicant's land. The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4,of The Rules of Procedure. DavidMr. Lloyd Owen Perry, the applicant, accompanied by his agent Esq., Barrister & Solicitor of Oshawa, Ontario, appeared in si.rp,:ort of this application. Mr. Everett Stapleton, R.R. 92, Orono, Ontario also appearod. No dter person appe,-_red in support of, or in opposition to this applic,ticn Page 9 Meeting of Committee,of ..djustment September 23, 1.968: The Secretary—Treasurer presented the following material to the meeting: (1) A Plan of Survey pr(pared by Donevan and Fleischmann, Land Surveying and Engineering, 11 Ontario Street, Oshawa, Ont:ari.o, dated July 5, 1968, Job No. 16753. Mr. David Bowman as agent for. the ar-pli-ant made the following submissions: (1) His client, I.1r. Lloyd Owen Perry, through inadvertence, had acauir_ed an interest in two adjoining lots on Lot 30, Concession 6. (2) Sub Lot 306 "B" 6 was bought by Mr. Perry on August 18, 1965; and was sold to one Cowan on October 6, 1967. Sub Lot 307 "B" 7 was bought by Mr. Perry on June 12, 1967 and, therefore, through inadvertence he acquired an interest in abutti_na lands. (3) This error was caused by an incorrect and misleading entry in the abstract book in the Registry Office at Bowmanville, Ontario. (4) Two houses presently exist on the grope ties. The house on Lot 306 "B" 6 was com:leted and sold on October 6, 1967. Mr.. Bowman slso presented the following to the Committee for their consideration: (1) A letter from Mr. Horace R. Best, datad 19th September, 1968 stating that Pair. Lloyd Perry was issued Building Permit No. 35-67 under date of 11th May, 1967; (2) A Bu'.lding Permit numbered 25-68 and dated 13th June, 1968 to Lloyd Perry signad by Horace R. Best, Building Inspector; (3) Culvert Permit 4126, dated Junr_ 12, 1916`,, .siLnad by Merrill Ross, Ro.:d Superintendent. Upon perusal o,` the ❑,iL=ial supplied the Committee were satisfied th=rt this was a technical problem occasioned by a misleading entry in the Abstract Book in the West Durham Registry Office at Bowmanville, Ontario. This a_oplicatinn was granted on motion by -1.F.R. Osborne and seconded by K. Schoenrnak(--r, upon Mr. Bowman's undertaking to _produce and f le with the Committee an Affidavit setting out the tail �of the error -in the Abstract Book_. Granted. CL',S3!FIC:,TTCN "N" Me ing Adjnurned_at 12:00 P.M. l �c _ vr; ✓ o . MEETING Secretary—Treasurer of. -the COMMITTEE OF ADJUS`21.ENT for the TO➢7i1SiilP OF CLARKE Thursday,.September 26, 1968, at 8:00 p.m. Council Chamber., Orono Present: E.R. Lovekin Chairman K. Schoenm_ker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretar•,r—Treasurer The minutes of meeting of September 23, 1968 were approved as read on motion by E.F.R. Osborne and secanded by K. Schoenmaker. Carried.