HomeMy WebLinkAboutPD-175-88 DN: 175-88
TOWN OF NEWCASTLE
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REPORT
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Res. #
- - By-Law #
METING: General Purpose and Administration Committee
DATE: Tuesday, September 6, 1988
REPORT #: PD-175-88 FILE #:
SUB,JECT: STOP WORK ORDER - ORCHARD PARK ESTATE SUBDIVISION
18T-86021
OWNER: ABEK REAL ESTATE CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-175-88 be received for information; and
2. THAT the action undertaken by the Director of Planning and Development and
the Town's solicitor with respect to legal action undertaken against Abek
Real Estate Corporation be ratified.
1. Attached is a letter dated August 11, 1988 from myself to Abek Real Estate
Corporation. The letter is self explanatory.
2. The defiance of the Stop Work Order is a serious matter and it appears that
the developer is not taking this matter seriously.
3. As a result, staff consulted our solicitor to determine the course of action
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that should be pursued by the Town.
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REPORT 00. : PD-175-88 PAGE 3
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4. On August Il' 1988, staff met with Mr. D. Sims who advised that prosecution
and a court injunction are in order. I advised Mc. Sims to proceed
accordingly and that I will seek Council's ratification immediately after
the aonnnez recess.
5. On August 12, 1988, Mc. P. Kumar advised verbally that all construction
activities have ceased on site and requested the Town not to proceed with
prosecution. Notwithstanding this, construction of units within the
proposed subdivision has continued. Z advised Mc. Kumar that this is a
matter to be determined by Council.
6. In addition, a restraining order under Section 26 of the Building Code Act
was issued on August 23' 1988 by the Chief Building Official related to this
matter. An appeal was undertaken by the defendant and a one week
adjournment was agreed to' to enable the review of the appropriate
documentation.
Respectfully submitted, Recommended for presentation
to the Committee
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uklid.D0/ ^~~ Lawrence tmeff
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Director of Planning & Development Chief Adm�ni .trative Officer
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*Attach.
August 12, I988
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MSS -
CORPORATION OF THE TOWN OF NEWCASTLE
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
L1C3A6 TELEPHONE 623-3379
August 11, 1988
Mr. Pramod Kunar
Abek Real Estate Corporation
483 King Street East
Newcastle, Ontario
LOA 1HO
Dear Sir:
Re: ORCHARD PARK ESTATE SUBDIVISION - 18T-86021
PART LOT 1 AND 2, BLOCK N, C.G.HANNING PLAN
FORMER VILLAGE OF NEWCASTLE
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As you are aware, your request to the Town for issuance of building
permits prior to subdivision plan registration was denied by Town
Council. We therefore expect you to abide by the Town's decision on
this matter.
However, on August 8, 1988, during our random routine check, we
noticed construction activities were underway within the proposed
Orchard Park Estate Subdivision, specifically, excavations and
foundation footings were evidenced in several areas. As building
permits were not issued, these construction activities are. therefore
illegal and are in contravention to the Town's Zoning By-law and the
Building Code Act, therefore Stop Work Order was issued and delivered
to the Site Superintendent on August 9, 1988.
On August 10, 1988, our building inspector visited the site and
noticed evidence of continuous building activities. We cannot
condone your action and consider your defiance of the Stop Work Order
a serious matter. We ask that you cease all construction activities
on site immediately.
We have been in touch with our Solicitor and we will be evaluating
our options. Therefore, we would like to put you on notice that the
Town may be seeking legal action against you.
Yours very truly, �
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Franklin Wu, M.C.I.P.
Director of Planning and Development
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cc D. Sims, Solicitor
cc Mayor Winters
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cc L. Kotseff, Chief Administrative Officer
cc H. G. Wight, Chief Building Official