Loading...
HomeMy WebLinkAboutWD-54-87 TOWN OF NEWCASTLE y REPORT #3 REPORT File Res. # BY-Law # MEETING: THE COUNCIL MEETING DATE: SEPTEMBER 28, 1987 REPORT #: WD-54-87 FILE #: SU&JECT: CONCERNS RAISED BY MRS. MARY NOVAK, PEBBLESTONE ROAD RECOMMENDATIONS: It is respectfully recommended: That this report be received for information. REPORT: On September 14th, 1987, Mrs. Mary Novak appeared as a delegation to the General Purpose and Administration Committee Meeting to present a brief history pertaining to her request for clean fill to reclaim a former gravel pit on the Petryshn Novak property, Pebblestone Road, Lot 29, Concession 4, former Darlington. Prior to Mrs. Novak's recent telephone calls, staff were unaware of her need for fill. A review of our files produced no requests for fill or any agreements to provide fill. Records indicate that Mrs. Novak's previous concerns were with respect to property standards and illegal land use of a neighbouring gravel pit. . . . . .2 Page 2 REPORT WD-54-87 The present practice of disposing of fill from Town road construction projects is based mainly on economic consideration. If the fill is not required for other municipal projects and is to be disposed of, the following considerations are taken into account: - access to disposal site - condition of haul roads - proximity to site - receipt of property owner's permission and Town's exemption from liability - levelling of disposed fill. Town staff were aware of the McFarland site on Regional Road 34, Lot 28, Concession 3, and approached the owner, Mr. Ed McFarland, for permission to place fill from the Bradley Street project. Mr. McFarland agreed to level the fill at his own expense and to maintain our access to the fill location. Mr. McFarland also supplied his own truck to haul fill from the Bradley Street project at no expense to the Town. It has been past practice that if fill is required by land owners outside of a reasonable economical travel distance, the Public Works Department will load privately owned trucks at the construction site. In this specific instance when we were advised that the Novaka required fill, staff were directed to deliver some loads of fill to the property. As a result of bad weather on September 18th, access to the Novak property was unacceptable. As well, construction activity was limited. f On September 21 , 1987, while Mrs. Novak was appearing as a delegation, the final loads of fill from the construction site were delivered to their property. . . .3 Page 3 REPORT WD-54-87 It should also be noted that the secondary access to the Novak property does not comply with the Town's Entrance Policy and By-law and that continued use of heavy vehicles hauling fill will eventually cause damage to the recently resurfaced Pebblestone Road. Mrs. Novak will be requested to attend the Public Works Office to make proper application for an access to the subject property. In conclusion, we are not aware of any previous written or verbal agreement with either property owner to supply fill. However, if documentation of a previous agreement is produced, staff would be most willing to fulfil the Town's obligation. Respec ly submitted, Recommended for presentation to Council, David T. Gray, C.E.T. , Lawrence E. Kotseff, Deputy Director of Public Works. Chief Administrative Officer. DTG:jco September 23, 1987. i 14 I � u II 35 31 33 32 31 n o 2 °o II 22 II )D 19 18 27 26 25 21 23 11 10 19 18 U 16 15 a 10 9 118 I 6 5!?4 Il 3 3 _ - �i E NI KI L co C RD. B a J�I III p �cA RI 51 a O �— II & 7j _ Y N J C C. RD. T a I I TN iE _LL 11 ,.0H ° c all & x c II �1 a II II Z LI flDII 6 p N II p II rj I I I II r T iila II z N1,& Iit KIN IJ w II 3ii pl S 14 IL lO J o p I ii � z alI ,« n. E 1 T UN 0 C I N RS a II A N � 4 a y J C S/j ®=« ST BLV ' ii�III t t�I I I f AVE. RD. RD. 4 o f- �r c t� 11 o«�C crra CT. G CT Gran cz ° c 5 �e ec cT 10 26 15 1 13 11 21 20 19 IB Il 16 I/ 13 12 1 9 8 116!1 5 NA 5H RO 40 L-ou Lc NC z 2 oa a w a p o M ° a G V B l0 R NST CON SS l� �f J p a 3 a > I a W W O J Y > N Z F a E p Z O O V J J I ff I _ z a 9 J d O Y U' u 1 1 0 w a 2 w a a 1� I a I t xl - ........:::::: � a p I BA UN RD a r f r- x( :`' z °m ryt NA .0 w d sou TI ° a �ry W a'TR � DARLINGTON OA PROVINCIAL PARK ` + t, PROVINCIAL PORT o DARLINGTON CAM ROb TOWN OF NEWCASTLE in the ,m Region of Durham K)JO VLEDOE,NrD I Y1E59 ( —US HIGHWAY' REGIONAL ROAD' \ NEWCASTLE RD SUMMER ROADS NEWCAShE ML BOUNDARY PARKS B CONSE � AREAS URBAN AREAS n n Pllb/ir 11/0nc,� non,y rt.......f SEPT 21, 1987 a 6 RE: Property of Mr. Petryshyn and Mr. Novak SUBJECT: Disposal of clean:ifill Mr. Cox Mr. Winters Mr. Gray Mr. Waton Mr. Cureaux This letter will be a brief history pertaining to the telephone conversations I have had with eachl)of the above forementioned with the exclusion of Mr. Cureaux. In 1977 Mr. Petryshyp applied for a severence so that I , his daughter Mary Novak could build a home. This building permit was only granted for this building lot providing that we levelled and g'r,aded the gravel pit attached to the property pf approxiamately six acres. At this time we were given to understand that the Town of Newcastle would be more tr willing to help fill the pit if a project came into this area. Over the years. Projects have come and gone, and we have not heen the reczpents of any. As this Projects came and went I approached the the Town of Newcastle requesting that we receive some. I have written formal letters to the Town requesting that the next project near to me be brought to our location . Mr. Gray has informed me. that he has no such knowledge of anything mentioned above and can find no such letters ©n file, however he remembers me calling him in the past reguarding the matter. On the Tues. Sept 15,1987 I called the Town for some fill that was coming out of the -Zion road project, Bradley Street. Mr. Grayvat that time didn't respond. When I called again on Wednesday he said he would see what he could do. We received Phree loads of fill, but while the last load was being dumped , Mr. Mcfar.land came onto our property telling the Town Of Newcastle truck driver not to drop anymore fill at our house. He also had words with Mr. Novak my husband inform- ing him this project had cost him a lot of money and we couldn't have any, and ironically from that point on we never received any more. To the best of mV knowledge Mr. Mcfarland is not an employee. of the Town and should not have the right to tell Town employees what to do and overi'de their foreman. I would .very much like to . know what deal cost Mr. Mcfarland a lot of money; and gave him the authority to direct the distrihotion of fill . Even if all correspondance from myself was misplaced and no one remembers any of my phone calls, when I called on Tuesday requesting a portion of the fill to be brought to me, it should have been acted upon immediatley. My father and I are taxpayers , our location was closer, therefore saving the Town and our tax dollars. It is now my opiniion�ithat this department of the Town of Newcastle is not satisfactory.,,i and I would like to know the steps being taken to remedy this situation. Since it appears that the onus is upon the taxpayer to keep correspondance with the Town of Newcastle on file please respond in writting 'as well as a telephone follow up. You will find- documents- enclosed that will refresh the, iTowns memory of the initial conditions imposed upon our getting a building and subsequently leading .to this complaint and letter. Sincerly Mary Novak mn/ ` CORPORATION OF THE TOWN OF NEWCASTLE PLANNING DEPARTMENT TELEPHONE 263-2231 - HAMPTON, ONTARIO, LOB 1JO COMKENTS TO LAND DIVISION COI4!\-1ITTEE ON CO 16EN`f APi'LICATIONS Application No. : LD 162/76 Applicant: Leslie Novak Location: Lt. 30, Concession 4, Darlington Proposed Use: Residential CONFORMITY WITH OFFICIAL PLAN: Yes. The site is designated "Environmental Study Area" in the Interim District Plan. Minor infilling is permitted by.this des- ignation. CONFORMITY WITii ZONING BY-LAWS: Yes. Both the ' subJect ' and ' retained ' lands conform to the zone provision for residential uses in the "Agriculture" zone of By-law 2111. OTHEh. COMMENTS: The 'retained ' land contains a former gravel pit which how appears to be used as a landfill site. We feel that this site should be cleaned up and reclaimed as a condition of severance. RECOM�,ENDAT�ONS: Approval on the condition that the applicant removes the refuse on the site to the satisfaction of the Town of Newcastle. Local Devel- opment charge $600. J George F. Howden, Planning Director. JFtH.:d�►"11" �C, A i CREIGHTON, VICTQR, ALEXANDER & HAYWARD TELEPHONE (410) 729-3440 BARRISTERS & SOLICITORS i . T. KELSO CREIGHTON. Q.C. (1892-1879) P.O. BOX 201 JOSEPH C. VICTOR, B.A., LLB.. Q.C. ROBERT A. ALEXANDER. B.A.. LLB, 298 KING STREET EAST RONALD J. HAYWARD, B.A.. L.L.S. DONALD H. CREIGHTON. B.A. OSHAWA, ONTARIO L1 H 71-1 April 15th, 1977. Mr. & Mrs. Leslie Novak, 172 Westmount Street, Oshawa, Ontario. Dear Mr. & Mrs. Novak: Re: Conveyance from Petryshyn Part 1 , Plan 1OR-582, Newcastle We wish to advise that under date of April 12th, 1977 , we received correspondence from the Deputy Clerk of the Town of Newcastle, advising that Condition #3 contained in the Committee of Adjustment Consent had been completed to the satisfaction of the Town. This condition related' to cleaning back lands on the parcel being retained by Mr. Petryshyn. Under date of April 13th, 1977, we attended at the hand Division Committee office in Whitby and obtained its Consent attached to the Deed which we had previously prepared, and thereupon attended at the Registry Office. in Bowmanville, and registered the Deed. The Deed is dated June 4th, 1976, wherein Walter Petryshyn cores the abovenoted lands to Leslie Novak and Mary Novak, as j, 4-enants, for the consideration of payment of the sum of 7 °a This deed was registered on April 13th, 1977, as aacita.,: nt #82308 and the duplicate registered copy is enclosed herewith for your records. Also enclosed is a memorandum of our account for services rendered, which we trust you will find in order. Yours truly, CREIGHTON, VIC OR, ALEXANDER, & HAYWARD ,-r Per: JCV:ld encl 1 THE REGIONAL MUNICIPALITY OF DURHAM WORKS DEPARTMENT R.F.RICHARDSON,P.EngJCommisslonerof Works 105 CONSUMERS DRIVE,P.O.BOX 623,WHITBY,ONTARIO L1 N 1C4 TELEPHONE:(416) 668.7721 Date 3 1 A The Regional Municipality of Durham �6 �,.. Land Division Committee rr'@, 6� v 105 Consumers Drive WHITBY, Ontario L1N 1C4 �` J�� t:`••• ' O • Atts Mrs. S. Parker �e •• Secretary Treasurer Fie Dear Madam: Re: Application No. LD ,b 7/b LSSLkS We have reviewed this application and have numbered the applicable comments below: We have no objections.. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . : . . . . . . . . . .. . We recommend that this application be denied on the basis that it is undesirable to create additional development fronting onto Regional roads. .. . . . . .. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Water service W/is not available on the frontage of this •property. . . . . . . . . . Sanitary service %/is not available on the frontage of this,property. . . . . . . ICJ . . . . . . . . . . . . . . . . . . . . . feet of road widening is required on. . . . . . t..J . . . 2 Application No./Nos. L.fl « Date MNV, 2S 117(o In the event that the subject application is to be granted, we request that the applicant agree to pay to the Regional Municipality of Durham amounts with respect to the following items: ... . . . . . . . . . . .. . . . . . .. . ., . . .... . ... Capital levy for sanitary trunk sewer and -sewage treatment plant construction. .. . . . . . . . . . . . . . . . . . . . . . . . . . . $. . : . .. . . . . . , , . . (fixed) Capital levy for trunk watermain and water purification plant construction.' . . . . . . . . . . . . . . . . . . . . . . $. . . . . . . . . . . . . . . (fixed) .Capital levy for Regional road construction. .. .. . .. . . . . . . . . . . . . ... . .. . . . . $. . �.4�. . -.. (fixed) Capital levy for the provision of other Regional facilities. $. . .� .��. O .T..�. (fixed) TOTAL $ Jt" n '• In addition, the applicant, where required, agrees to make arrangements with the Regional Municipality of Durham for his or her share of the cost of extending existing Regional facilities to service the subject property. . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . ... . . . (� In the event that the subject application is to be granted, we request that the applicant enter into an agreement with the Regional Municipality of Durham with respect to those services under its jurisdiction. The ❑ terms of the agreement to be negotiable. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ... Additional Remarks 6 000.00 G. A. Crawford Engineering Services Manager P.S. We request that a copy of the decision by the Land Division Committee , be forwarded to the Regional Works Department.