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HomeMy WebLinkAboutP-36-79 i dal CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT L.L. KRISTOF,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL. (416)263-2231 TO: Chairman & Members of the REPORT NO. P-36=79 Planning & Development Committee DATE: March 1 , 1979 SUBJECT: Newcastle Village Zoning By-law Number 73-15 Our File Number Z-0-4-1 As you are aware, the Newcastle Village Zoning By-law has never been approved by the Ontario Municipal Board. Because a zoning By-law does not come into force without the approval of the Ontario Municipal Board, it is imperative that steps be taken to insure that the Newcastle Village Zoning By-law is submitted to the Board. Because the By-law has been enforced by the former Village of Newcastle and subsequently by the Town of Newcastle, because the By-law was circulated by the former Village of Newcastle, and because it is imperative that Ontario Municipal Board approval be given to the By-law as soon as possible, it was decided to investigate the feasibility of requesting the Ontario Municipal Board to approve the By-law without further hearing. Accordingly, on September 25, 1973, Council adopted the following recommendation of the Planning and Development Committee: is _ 2 _ "It was recommended to Council that the Town Solicitor be authorized to apply to the Ontario Municipal Board for approval of former Village of Newcastle Restricted Area By-law 73-15, with a proper description of the background of this by-law, and ask the Ontario Municipal Board to dispense with a Hearing. " By letter dated November 1 , 1978, Mr. Sims advised this department that the Ontario Municipal Board would not likely dispense i with a public hearing in this regard, and recommended "that the original Restricted Area By-law and the amendments thereto be sub- mitted to the Ontario Municipal Board for approval " . It was our understanding that this would be done by Mr. Sims, pursuant to the direction of Council . However, the attached letter indicates that Mr. Sims recom- mends that the By-law be submitted to the Ontario Municipal Board by the Town Clerk, in accordance with the normal procedures. Since Mr. Sims is of the opinion that the Ontario Municipal Board would not, and indeed could not, approve the subject By-law without further public notice, we can see no reason for the By-law to be submitted to the Board by the Town's Solicitor. However, we would like to retain the of a soli0 for j option of obtaining the services/in this matter if it becomes necessary. Recommendation: It is, therefore, recommended that: 1 . The Town Clerk be requested to submit By-law 73-15 of the former Village of Newcastle to the Ontario Municipal i Board for approval , together with all amendments thereto which have been approved by Council to date, and all j I relevant support material , and - 3 - 2. that staff be authorized to obtain the assistance of the solicitor in this regard if and when such assistance is deemed necessary. Respect ully submitted, NJF:lb Leslie L. Kristof, M.C.I. Director of Planning & velopment i i OF THE TOWN OF NEWCASTLE Ynr OFFICI OF Th-1to '1-'OWN CLERI< Y; T( LEPHON r4 E 623 3s •;,,; " , x: ;;: vU 1�4�MPt=RANf�E STREET t'Ob' MANVILLE, ON-(Aft IQ LIC 3A6 January 17th, 1979 Mr. David J.D. Sims, QmCn JAN Ito 1179 Sims Morton McInerney & Brady 117 King Street PLAINN0,10' '"ARNENT P.O. Box 58 { YO M 611fl, MGM Whitby, Ontario LIN 4Zl Dear Mr. Sims: Re: Village o F Newcastle Official. Plan Your File. No. 5260 Thank you for your letter doted January 12th, 1979 regarding Village A Newcastle Zoning By-law. Your letter has been referred to the Director of Planning and Development for a report and recommendation to the Planning and Development Committee. We shall advise you of action taken in due course, Yours very truly, A 1 . Mcllroy, AI,MW(: K � If t Clerk AD ;1 f i c.c. Director of Planning c, Developlimn/ I I I I I i I Sims 1"Oleton !Wcl"Icizv"_�kf f", 111. MMIUN RARRISTERS & SOLICITORS WC NI(INERNEY J& 11PADY WAL MWA January 12th, 1979 J . M. McIlroy , AWC .T , Clerk P C Corporntion of the Town of Newcastle , 40 Temperance Street , Bowmanville , Ontario Dear Mr . McIlroy : Re : Village of Newcastle Official Plan - Our File No . 5260 Unfortunately some confusion appoars to have arisen with respect to the Ontario Municipal Board approval of the Village of Newcastle Restricted Area By- law and amendments thereto , I Was 00giDally asked to make an application to the Ontnrio Municipal Board for an order dispensing with the hearing . In my letter to Mr . Kristoff, dated November Ist , 1978 , a copy of which is oncloscd , t suggested that the Ontario Municipal Board would not dispense with the hearing and I recommended that the original restricted area by- law and amendments thereto be submitted to the Ontario Municipal Board for approval in the normal coursu ,, I gather that there has been some confusion as to whether or not the by- law and amendments should be submitted by myself or by your. office . I would recommend that they he forwarded by your office in accordance with the normal procedure followed in theso matters . & i Yours ruly , David J . D . Sims DJDS : cAi Encl , 1" j" "PrUT. WHITBY, ONTARIO LIN •ZI BOX: 3581ELENIONE: 668.7704