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Meeting of Committee of !•.d;�strnent September 26, 1968:
Applicati-:n File No. 143-68
D.M. Lyons, O,,oner,
65_King George's Rd.,�
�O_onto 18, Ontario,
for part of Lot 69 Con. V1,
Township of Clarke,
Submission No. "B" 141-68-122
As business arising from minutes of meeting September 23,
1968, The Committee rec,=ened at 6:30 p.m. on Thursday, 26th
September, 1968 at the call of the Chairman, E.R. Lovekin, accord-
ing to the terms of the adjournment and visited the property. They
wers= of the opinion that the sole question concerned herein was
whether they would allow land to be sold by one abutting owner to
another.
Application granted on motion by K. Schoenmaker, seconded by
E.F.R. Osborne that this applic..tic;n be granted but conditional on
the understanding that the transfer of the land in question be to
the abutting owner only, the land to be transferred so that it melds
and the total holding of the Transferee becomes one lot for planning
purposes. Carried.
CLASSIFICA`"IUN "H"
Applica.t.on File No. 145-68
David Bowman Esq., Agent,
Barrister & Solicitor,
36; King Street E.,
Oshawa, Ont=rio,
Lloyd Owen Perry Owner,
646 Gorevale Crescent,
Oshawa, Ontario.
for part of Lot 30, Con. V1,
Township of Clarke,
Submission 1\10. ,Bt' 145-68-119
This applic.ti-n was brought forward for further review.
The Secretory -Treasurer presented the following material
to the meeting:
(1) A Sworn Affidavit by Hugh T. Nichol, of the Town
of Whitby, in the County of Ontario, Solicitor,
wherein he states that he is the solicitor for
the purchaser of Lot 306-B-7 and that he has knowledge
of the facts surrounding the error in the ."abstract
Book in the [lest Durham Registry Office at Bowmanville;
(2) A Photostat copy of a page from the Abstract Book
asexhibit "A" to the Affidavit.
The Committee noted the facts in the Sworn Affidavit and
were Of the opinion that this file was now finalized and the facts
wer= duly recorded for ;urooscs of the clarification of the records.
CLASSIFICATION "N"
Meeting adjourned at 10:00
i
Sccretar_r-Treasurer
of the
COMI,=T;3E OF ADJUS^m' -NT
for the
TO69fVSIYIP OF CLAR.KE
Mbnday, Sentember 30, 1968, at 8:00 p.m.
Present: E.R. Lovekin Chairman. Council Chamber,Orono.
X
K. Schoenma};er, Member,
Mrs, Ellen M. Yeo, Secretary -Treasurer, Low
Administrator rTappoeoaCeakk
e'The minutes ofMetingSeptember 26, 1968 were rvdsrd
on motion by E.F.R. Osborne and seconded by K. Schoenmaker.Carrle8.• • .
Page 2
Meeting of Committee of'_;djustment September 30, 1968:
pp_i_3ti:n-rJ.e No. 136=68
Henry DeVries
0wners,
Hyke DeVries,
Newcastle, Ontario,
Richard H. Donald Esq. Agent,
69 King Street E.,
Oshawa, Ontario,
for part of Lot 26,
Con. 1117
Township of Clarl:e,
Submission No. "B"
136-68-123
As business arising from minutes of past meetings this
application was presented for further consideration.
Mr. Henry DeVries the applicant appeared in support of this
application. No other person appeared in support of, or in
opposition to this application.
The Committee:
(1) Reviewed the minutes of meetings July 15, and August 12
1968, September 23, 1968; ,
(2) Recalled their inspection of the site on July 81 1968;
(3) Noted th facts covered in the Sworn affidavits; and
upon revi_sw 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. Schoenms.ker, seconned by
E.R. Lovekin, Carried.
CL_iS31FIC-TICH ",3"
Application File No. 141-68
142-68
Sunnydene Estates Ltd., Owner,
(In Trust)
F.O. Box 141,
Toronto -Dominion. Centre,
Toronto 19 Ontario,
for part of Lots 9 & 10,
Township of Clarke,
Submission No.Q.a rG97—✓3o
A '.(y_ L!_ iii
As business arising from minutes ofp- as
t meetings, thane
applications were presented for further consideration.
Mr. Peter Caspari, President Of Sunnydene Estates Limited,
the applicant appeared in support of these applications. The
following persons appeared as observers: Mr. Keith Wood, R.R. Al
Kand 1, Ont- rip, and Mr. John P. I•icKay, R.R. #1 Newtonville,
Ontario. No other person appeared in support of, or in Opposition
to these a_;plications.
Mr. Caspari Was invited to make his submissions and stated
as follows:
(1) The first applic:_,tion concerned a proposed severance
of 10 acros of cedar bush situate on the south cast
corner of the farm property.
(2) He Proposed to build a residence on the subject land
to enable the balance of the land, i.e. 103.19 acres
including the 2 storey farmhouse and farm buildings
to be sold for agricultural purposes for which the
bushland to be sever d is of no value.
Mr. John P. EcKay wss invited to make his submission and he
stated that he appeared solely to clarify the question of
maintenance of an existing line fence. The Chairman, Mr. Lovekin
indicated that the legal position unser the Line Fence Act would,
in the Committee's opinion, be that each abutting owner was liable
jointly to maintain the fence. Since this was the question and'the
parties haV4 ng reached an amicable agreement there appeared to be
no reason to prolong this diarssion. Mr. Caspari offered to
clarify the situation by complying in any suggestion made by a
Page 3
Meeting of Committee of iLdjustment Sec,tember 30, 1968:
Solicitor or by simply m•ilina Pir. McKay a letter setting out
the facts.
The Committee:
(1) Referred to the minutes of meeting Seotembor 23, 1968
wherein an objection had boen raised by one Mr.
Llewellyn Hallowell concerni ua the water rights
situated at the south end of the farm.
Mr. Caspari requ( ted that this application be adjourned
in order to enable him to prepare further argument and to observe
a factual situation in regard to drainage. This 711.tter was
adjourned until the next ;neetinn to be h=,ld on October 28, 1968.
Mr. Caspari stated that the second application concerned
a proposed severance of 16.02 acres situate at the north west
corner of the farm )rope�-t_y, part of which is a hardwood bush.
The proposal here is also to build a residence.
As a matter of record this pro_rerty was visited by the
Committee on September 25, 1968 and this matter was set over
for further discussion.
CLASS_TFIC.=:TIvId "Etr
1',rolic:ticn File No. 144
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Maurice Harold Pedwell,Owners,
Clive taric Pedwell,
R.R. i21 Newcastle, Ont -uric,
for part of Lot 30, Con. 11,
Township of Clarke,
Submission No. "B" 144-68-124
This applic tion was brought forward for further review. The
Secretary -Treasurer ,resented the following material to the meeting:
(1) A Sworn Declaration sign --d by C.P. Blaker, verifying
his intenti. n to accuire the above-mc=ntioned _parcel
for :
the sole purpose of enlarging his resent holding
and for no other ') " se and in fact the title of his
present holding and the above noted lands will in time
meld.
The Committee:
(1) Noted tha facts in the Sworn Declaration and were of the
opinion that this file was now finalized an' the facts
were duly recorded for purposes of the clarification of
the records.
CLASSIFICATION nNn
Application File
No. 146-68
John D. I:cLaughlin -'sg. Agent,
147-68
Barrist-,r & Solicitor,
362 King Street E.,
Oshawa, Ontario,
dilli.,r Purvi.:, Procter Owners,
Fern Proctor,
325 Kent Street,
Whitby, Ontario, `
for part of Lot 31,Con Vl, Jj
To+;✓nshin of Cla kp,
^pplications
were made
Submission No.B�J4b-68-127
for exem;tions or partial exemtl4 n 68-128
from provisions of
Subdivision.Control
BY -Law 1494 so as to permit
the separation of
parcels of
land as follows: 331' x 660.41, and
3311 x 660.35' being
land.
ap proxi.maLely
10 acres in area from the applicants'
-
Page 4,
Meeting of Committee of :adjustment September 30, 1968:
Thc. ;ecret r e rel-,orted th,st 50 -notices o' th said hearing
had be_n m_.il>d'in 4cccrdance .:ith Itcm 4 of The Rules of Procedure,
Mr. Willi:1.1n. Purvis Proctor, the applicant, appeared in sup�,-;ort
of this application. Mr. & Mrs, Vander Spruit, R.R. -1#29 Orono, Ontario
sp-->oared as observers. No other person appeared in support of, or
in opoosition to this application.
The 3ecreta.ry-Treasurer prc-sentr>d ti!e following material to
the meetin.:
(1) Corresr ondence from John D. ilcLaughlin Esq.,
Barrister & Solicitor, 36 Kina Street E,st,
Oshal,!a., Oni-ari_o. The Committee duly noted the
c:itents thereof;
(2) A Plan of Survey ret ar. d by Donevan & Fleischmann,
Lane Surv-yin� & Engineering, 11 Ontario Street,
Osha.Ja, i:ntarin, dated Scntrmber. 10, 1968, Nob No.17115.
I°ir, Proctor t!as in-rited to make his submissi .rns and h,; stated:
(1) He i.n` ndcd to buy a 10 acre parcel of land but
had to tak 19.8 acres in order to complete the
transaction, which took place in the first week
of May, 1963.
(2) H_ ha? ohtained permission to build a single i=amily
dwelling on 19.3 acres i_sued by Arthur G. Lows
Zoning Administrator, dated August 20, 1968 and
numbered 55.
(3) The full acre:. -e of 19.8 i:= too much ].and for his
rcq;irements and h requcsLed scver,nce of the two
5 acre lots.
Mr. Vanderspruit, an abutting land owner, stated that the
southern portion was covered with water in the Spring, but a good
culvert would correct this situ::tion. In fact thete is a nc.tural
watt -3 -course across the southerly portion of the 19 acres of land.
Z.s a matter of record this property was visited by the Committee
on September 26th, 1968.
The Committee iaere of the opinion that the matter of the enter
course was not critical in thi; c,?se ,,s the anplicstinn is property
dealt with on other grounds.
This applic-tion eras set over for written reasons and judgement.
'CLASS]:FIC_,TION
I-lceti.ng adjourn:=d at 12:00 p.m.
aecretiry-Troasu`rer
October 2, 1968:
A decl� .;az _iven on the following aq_C11c '.tion:
146-68
p} 1i_ca'.ti n F _le IQo. 1,7-68 John D. McLaughlin Esq.,Agent,
Barrister & Sold.citor,
35 -'King Street E.,
Oshawa, Onta.r_i_o,
Wi.11i:lm Purvis Proctor Owners,
Fern Proctor,
325 Kent Street,
Whitby, Ont.rio,
for part of Lot 31, Con V1,
To,;lnshi r of Cl_.r1-e,
Submission No. B146-68_127
Phe acplic•_Mts _viilliarn Purvis Proctor and Fen; P�oetor urcBTsed68-128
pro::erty being part of Lot 311 Concession 6 on the Leskard Road,