HomeMy WebLinkAboutP-70-79 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith ,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231
STATUS REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING,
May 14, 1979
REPORT NO. : P-70-79
SUBJECT: Application for Rezoning Number Z-A-1-7-3, Part Lot 31,
Concession 3, former Township of Darlington - Wm. Watson
BACKGROUND:
Report Number P-27-79, which dealt with the subject application
for rezoning, was presented to the Planning and Development Committee
meeting of February 19, 1979. The report, a copy of which is attached
for your information, recommended that the application to rezone the sub-
ject land for dry industrial uses be approved, but that the amending
By-law include all of the lands designated "Industrial" in the Durham
Official Plan.
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The Committee received Report P-27-79 for information and re-
commended that a public meeting be held to allow input from affected land-
owners. The public meeting was held on March 13, 1979 at Courtice High
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School, and no major objections to the By-law were received.
However, Section 10 of the formerly proposed By-law quotes the
provisions of Section 35 (a) of the Planning Act, which allows the munici-
pality to require a Development Agreement, to control and regulate certain i
. matters, -asla. condition of the development or re-development of land.
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The Supreme Court of Canada subsequently ruled, in the case
of the Canadian Institute of Public Real Estate Companies v. The City
of Toronto, that it is not sufficient for a municipality to merely quote
the provisions of Section 35 (a) , with respect to Development Agreements
in a Restricted Area (zoning) By-law, but that the By-law must indicate
the manner in which each provision is to be applied.
Since the conditions to be included in a Development Agreement
can vary from site to site, it is no longer practicable to rezone the
entire designated area in Courtice for industrial uses. Instead, a
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series of spot rezonings appear to be required, so that the munici-
pality may require a Development Agreement as a condition of approval
for each application.
RECOMMENDATION:
It is respectfully recommended that:
1. Application for rezoning number Z-A-1-7-3 be approved,
subject to the following conditions:
i) that the applicant enter into a Development Agree-
ment, as described in Section 35 (a) of the Planning
Act, with the Corporation of the Town of Newcastle
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including, but not specifically limited to, the following
provisions:
a) That the applicant dedicate to the Corporation of
the Town of Newcastle a 10 foot road widening allow-
ance along the north side of Baseline Road.
b) That a lot grading and drainage plan be approved j
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by the Director of Public Works prior to the issuance
of any building permit on the subject lands.
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c) That the site plan committee may require a further
site plan agreement as a condition of development
of all or part of the subject lands.
d) That any easements, as required by the Public Works
Department, for drainage purposes and/or utilities,
be granted free and clear of all encumbrances.
e) That the owner agrees to pay half the cost of re-
constructing Trull's Road along the frontage of the
subject lands.
f) That the owner agrees to provide one or more re-
servoirs for fire fighting purposes, to the satis-
faction of the Fire Chief, on the subject site.
g) That the owner ensure there is no increase or change
of direction in the flow of natural surface drainage
which would adversely affect the Canadian Pacific
Railway right-of-way, and agrees that any modification
or addition to the existing drainage pattern would
be its responsibility.
h) That any proposed utilities under or overcrossing the
Canadian Pacific Railway right-of-way to serve the
development be designed in accordance with the specifi-
cations of, receive the approval of and be covered by
the standard agreement or permit of the Canadian Pacific
Railway.
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2. That, once the said Development Agreement has been
signed by the owner and the Town of newcastle, the attached
By-law be forwarded to Council for approval.
Respectfully submitted,
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NJF:lb D. N. Smith, M.C.I.P.
May 7, 1979 Director of Planning
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Encl.
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PLANNING,4NCiDEVELOPMENT DEPARTMENT LT.
HAMPTON,ONTARIO LOB 1JO TEL. (416) 263-2231
TO: Chairman & Members of the RFPORT NO, P-27--79
Planning & Development Committee DATE: February 14 , 1979
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SUBJECT: Application for Rezoning Number Z-A-1--7-3. Part of Lot 13,
Concession 1 , Darlington, William Watson
1 . PURPOSE: OF APPLICATION
On August: 23, 1978, an application was submitted requesting an
amendment to the Darlington Zoning By-law to permit the development:
of a 17 .217 acre parcel of land situated in part of Lot 31 , Concession
1 , Darlington for Industrial purposes .
(This application was completed in December of 1973, when the
applicant submitted the requested Soils Consultant' s Report to the
Durham Health Unit) .
The applicant proposes nine industrial lots on the site, to which
would be occupied by low water use industries.
2. OFFICIAL PLAN PROVISIONS
The subject site lies within the sector of Darlington Township
designated for Industrial uses in the Durham Official Plan. Section 8.4.3. 3
of the Plan would permit; the development of the site for industries of
a "dry" nature, under certain conditions. The proposed rezoning appears
to comply with the provisions of this designation.
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3. ZONE PROVISIONS
The site is zoned "Agriculture" in the Darlington Zoning By-law.
Industrial uses are not included for the permitted uses of this zone.
If this application is granted, provisions should be included in the
amending By-law to regulate the waste water produced on the site and to
enable the municipality to control development through the provisions
of a development agreement imposed under Section 35 (a) of the Planning
Act.
4. CIRCULATION OF APPLICATION
The application was circulated to the following agencies for
comments :
1 . Durham Planning Department
2. Durham Works Department
3. Durham Health Unit
4. Bell Canada
5. Central Lake Ontario Conservation Authority
6. Ministry of Transportation and Communiciations
7. Newcastle Works Department
8. Chief Building Official - Newcastle Building Department
9. Newcastle Fire Department
10. C. P. Rail Industrial Developments
11 . Ontario Ministry of Agriculture & Food
The Newcastle Fire Department and the Ministry of Agriculture and
Food did not reply and were assumed to have no comments. Bell Canada,
The Central Lake Ontario Conservation Authority, Ontario Hydro, The
Regional Works Department, and the Chief Building Official advised that
they had no objections to the proposed rezoning. Other comments are
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summarized below:
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1 . The Durham _Planning Depar tment advised as follows:
"Further to your request for comments , please be advised that
the above subject site is designated "Industrial " in the
Durham Regional Official Plan.
In industrial areas where piped services are not anticipated,
uses which are of a dry nature are permitted. In such cases ,
an engineering report is required indicating that there is
an adequate supply of potable water, the method to be used
for adequate fire protection, and that the soil conditions shall
permit the installation of a waste disposal system which
complies with the standards of the Ministry of the Environment
as amended from time to time and as administered by the
Medical Officer of Health or otherwise. In addition, an
agreement may be entered into between the applicant. and the
Town of Newcastle. "
2. The Durham Health Unit submitted the following comments :
"Soil conditions in the area of this proposed industrial subdivision
are deemed unsatisfactory for the installation of private sewage
disposal systems due to poor permeability and high wager table
levels.
The tentative approval of the Durham Regional Health Unit of the
proposal is thus subject to the following:
1 ) At least 5 feet of suitable granular fill will be required
on tile bed areas before any Certificates of Approval can
be issued.
2) Individual drilled wells or a piped supply from a single
drilled well must be provided.
3) Only "dry" type industries should locate in the area so as
minimal amounts of wastes are involved.
4) Individual plot plans will be required before any approvals
for sewage systems can be granted and such plans should
indicate location and size of buildings, parking areas , type
of industry and number of employees.
5) Individual assessment of each lot will have to be carried out
at the appropriate time in order to ascertain size and location
of private sewage disposal systems required. "
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3. The Ministry of Transportation and Communications Submitted
the C-611-To�,J`ng T"ot
"Please be informed, we have had a reply from our functional
Planning Office in Toronto.
As to - 1 . No Objection to Rezoning
2. No Direct access to Hwy V401
3. All access to be by Baseline Road
When applicant begins construction Land Use Application from
M.T.C. should be completed.
4. The Newcastle Works Depq:itni( tjt submitted the following list
of rKAT—reVents :
"The Public Works Department has no objections to the rezoning, but
because the lands will be separated by the Land Division Convnittee,
we make the following comments .
1 . That the owner enter into a Subdivision Agreement with the
Town, subject to approval of this Department.
2. That all works beconstructed to the satisfaction of the
Public Works in accordance with the Town' s Design Criteria,
and Standard Drawing,
3. That any easements as required by the Public Works
Department for drainage purposes and/or utilities, be
granted free and clear of all encumbrances.
4. That the owners grant to the Town a 10 foot road
widening allowance along the north side of the Baseline
Road.
V As according to Town policy, the owners will pay to the
Town, their share of constructing Trull ' s Road, and will
pay one-half of the cost of the construction for the
frontage of their land along Trull ' s Road.
6. We are also concerned with the access onto the Baseline
Road, as this land will eventually be a major arterial
road, and we feel that access should be provided as in
the Industrial Subdivisions from a road with the subdi-
vision itself. Serious consideration should be given
to this proposal . Secondary access for office parking,
etc . , may be allowed onto the Baseline Road. "
5. C. P___Rail advised that they have no objections to the
proposed rezoning subject to the following conditions :
"1 . that the developer ensure there is no increase or change
of direction in the flow of natural surface drainage
which would adversely affect the railway right-of--way.
Any modification or addition to the existing drainage
pattern would be the responsibility of the developer.
2. Any proposed utilities under or overcrossing our right-
of-way to serve the development must be designed in
accordance with our specifications , receive our approval
and be covered by our standard agreement or permit. "
(We note that these concerns could be resolved in a development
agreement. )
5. COMMENTS
Since the site is designated "Industrial " in the Durham Official
Plan, and since the applicant proposes "dry" industrial uses , we have
no objection to the subject application. Concerns raised by the agencies
listed above could easily be accommodated through imposition of proper
zoning controls and through the provisions of a development agreement.
We note, however, that the area designated "Industrial " in the Durham
Official Plan encompasses a much large area than that proposed by this
application from the number of industries which have located in this
area, and the number of enquiries we have received, it appears that there
is a substantial demand for unserviced industrial land in this location.
However, it is often difficult to accommodate the industrial uses proposed
under the existing Darlington Zoning Lay-law. The lands designated "Industrial "
in the Durham Official Plan are zoned "Light Industrial , (Ml )", "Open
Storage Industrial .(M2)" and "Agriculture" in the Darlington Zoning fay-law.
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The following problems are encountered in the application of the
existing By-law: �
le Land which is proposed for a specific industrial use may be
zoned "/agriculture", or may be included within an industrial j
use which does not permit the use proposed. These industrial
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uses may not be willing or able to wait six to eight months
for a zoning by-law amendment application to be processed, and
may be forced to seek other sites, possibly outside of the
Town of Newcastle.
2. The existing Byelaw does not differentiate between high and
low water use industries and does not restrict this area to the
low water use industries which could be serviced by wells and
septic tanks.
3. The Gourtice Industrial District would be an ideal location for
uses such as heavy equipment sales and service, or a farm imple-
ment dealership. Neither of the existing Industrial zones in
the Darlington Zoning Ely-law would permit this type of use.
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4. The existing zoning By- law has no mechanism to permit the
municipality to require a development agreement under Section
35 (a) of the Planning Act. The only control mechanism at
present is the imposition of this requirement as a condition
of severance or rezoning.
For these reasons, we feel that a zoning by-law amendment is required
not only for this site but for the total rea designated "Industrial " in
the Durham Official Plan.
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b. RECOMMENDATION |
It is , therefore, recommended:
1 . That application for rcz0D1Dg number I-A-1-7-3 be approved;
2. That the zoning b«-law amendment for the subject site be
incorporated into 80 amendment for the whole Courtic8 Industrial
District'
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3. That a public meeting be held L0 0bC8iU the Views of the
area residents UD the attached 8v-|��'
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. 4. That the attached By-law be forwarded t0 Council for approval , i
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together with the results of the Said public meeting. |
Respectfully submitted,
NJF: lb Leslie L. KristOf" M.C. / ,P.
Director of Planning & Development
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THE CORPORATION OF THE TOWN
OF NEWCASTLE
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BY-LAW NO. 79-
being a by-law to amend Restricted Area By-law
Number 2111 of the former Township of Darlington
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WHEREAS, the Council of the Corporation of the Town of Newcastle
DEEMS it advisable to amend Restricted Area By-law Number 2111 of
the former Township of Darlington;
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NOW THEREFORE, the Council of the Corporation of the Town of Newcastle
ENACTS AS FOLLOWS:
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1. Section 9 of By-law 2111 is hereby amended by adding to
Subsection (c) the following Subsection 2:
"2) M2-3; Lot 31, Concession 1, Darlington j
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Notwithstanding any provisions of this by-law to the contrary,
those portions of lot 31, designated "M2-3" on the attached
Schedule "A" hereto, shall be used only in accordance with
the provisions of this Subsection.
(i) Definitions
For the purposes of this subsection.
(a) "BULK STORAGE TANK" shall mean a tank for the bulk
storage of petroleum, petroleum products, chemicals,
gases or similar substances. This definition shall
not include a storage tank which is accessory to another j
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use on the lot where such tank is located.
(b) "FACTORY OUTLET" shall mean a building or part of a
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building, accessory to a permitted industrial use,
where the products manufactured by that industry are
kept for wholesale or retail sale.
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(c) "GARAGE, COMMERCIAL" shall mean an establishment
or premises where vehicles owned by the general
public are repaired or maintained.
(d) "GARAGE, MAINTENANCE" means an establishment or
premises where vehicles owned or leased by the occu-
pant of such premises are repaired or maintained.
(e) "FLOOR AREA, GROSS" shall mean the aggregate of the
horizontal area of each storey, measured between the
exterior faces of the exterior walls at the floor
level of such storey.
(f) "FLOOR AREA, NET" shall mean that portion of the gross
floor area of a building which is used by a Non-Resi-
dential use defined herein but excluding:
i) any part of such building used by another Non-
Residential use which is defined herein;
ii) any part of such building used for the parking
or storage of motor vehicles;
iii) any part of such building used for equipment to
heat such building or a portion thereof; and
iv) the thickness of any exterior walls of such
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building.
(g) "OPEN STORAGE AREA" shall mean land used for the out-
side storage of equipment, goods or materials. This
definition shall not include a storage use located in
a building, a salvage yard, a delivery space or a parking
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space.
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(h) "PLANTING STRIP" shall mean a row of trees or a
continuous unpierced hedgerow of evergreens or
shrubs, not less than five feet high, immediately
adjacent to the lot line or portion thereof along
which is planted with shrubs, flower beds, or a com-
bination thereof.
(i) "PRIVATE GASOLINE PUMP ISLAND" shall mean a structure
used to dispense gasoline solely to vehicles owned or
leased by the occupant of the lot where such gasoline
pump island is located. This definition shall not in-
clude an automobile service station or any other facility
for the sale of fuels.
(ii) Permitted Uses
an assembly plant;
• bulk storage tank;
• business office accessory to a permitted use;
• commercial garage;
• contractor's yard;
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an equipment storage building;
• factory outlet;
• farm implement dealership;
• heavy equipment sales and service outlet;
• maintenance garage accessory to a permitted use;
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• manufacturing plant;
an open storage area;
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• parking lot;
• private gasoline pump island;
• warehouse.
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Zone Provisions
(a) lot area (minimum) - 1 acre
(b) lot frontage (minimum) - 150 feet
(c) lot coverage (maximum) - 50%
(d) front yard (minimum) - 35 feet
(e) interior sideyard (ninimum)- 15 feet, provided that
where a side lot line
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abuts a residential zone,
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or abuts a lot having a
residential use situated
thereon within 100 feet
the minimum side setback j
shall be 30 feet.
(f) exterior sideyard - 35 feet
(minimum)
(g) rear yard (minimum) - 35 feet, provided that
where a rear lot line abuts
a residential zone, or abuts
a lot line having a resi-
dential use situated there-
on within 100 feet, the min-
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imum rear yard shall be 50
feet, and provided further
that no rear yard shall be
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required from any portion
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of a rear lot line which
abuts a railroad right-of-
way.
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(h) landscaping area - 10%
(minimum)
(i) building height - 35 feet
(maximum)
(j) parking spaces (minima) -
i) business office - 1 for each 200 square
feet of net floor area
or portion thereof.
ii) commercial garage - 1 for each 50 square feet
of gross floor area or portion
thereof
iii) other uses - 1 for each 750 square feet of
net floor area or portion thereof
(k) parking space location - No parking space shall be lo-
cated closer than 5 feet to any
street line or 18 feet to any
lot line which abuts a lot
having a residential use situ-
ated thereon within 100 feet.
(1) loading spaces (minima)
i) commercial garage - 1 per lot
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ii) other uses - the greater of one per lot;
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or one for each 30,000 square
feet of gross floor area or
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portion thereof.
(m) Gasoline Pump Island - No part of any gasoline pump
Location
island shall be located in any
front yard or closer than 15
feet to any side or rear lot line;
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(n) Open Storage Area - No open storage area shall
Regulations
be permitted except in accord-
ance with the following provis-
ions;
i) no open storage area shall be permitted in a front
yard or exterior sideyard;
ii) no open storage area shall be permitted in a rear yard
adjacent to a rear lot line of such lot which abuts
a lot having a Residential use situated thereon within
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100 feet;
iii) no open storage area shall be permitted in a sideyard
adjacent to a side lot line of such lot which abuts a
lot having a Residential use situated thereon within
100 feet;
iv) every open storage area or lot having an open storage
area situated thereon shall be enclosed by a wall or
fence not less than 6 feet in height and constructed of
uniform material; and,
v) no portion of any open storage area for combustible
materials shall be located closer than 20 feet to any
lot line.
(o) Property abutting Railway
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Notwithstanding any provision of this By-law to the
contary, where any lot line or portion thereof abuts
a railroad right-of-way, no interior side or rear yard
shall be required along that portion of such lot which
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so abuts the railroad right-of-way.
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(p) Planting Strip Location
A 10 foot wide planting strip shall be required along
any portion of a side lot line or rear lot line abutting
a lot having a residential use situated thereon within
1000 feet.
(q) Noxious Trade
No use shall be permitted which from its nature or
the materials used therein is declared to be a noxious
trade, business or manufacture under the Public Health
Act or regulations thereunder.
(r) Unserviced Lot Requirements
(i) No more than 10,000 gallons of
water per day shall be taken from any
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lake, stream, well or reservoir;
(ii) no water taken from any lake, stream,
well or reservoir and utilized in any
way in the manufacturing process shall
be discharged in such manner that it flows
outside the boundary of the lot either above
or below ground level.
(iii) no privately owned sewage system shall
discharge effluent in such a manner that
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it flows outside the boundary of the lot
either above or below ground level.
(iv) the number of persons employed on the lot j
shall not exceed the regulations of the
Durham Health Unit and shall be subject
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to the approval of the Durham Health Unit"
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2. Key Map 21 of Schedule "A" to By-law 2111, as amended, is
hereby further amended by changing to "M2-3" the zone desig-
nation of the lands shown as "ZONE CHANGE TO M2-3" on the
attached Schedule "X" hereto.
3. This By-law shall come into effect on the date hereof, subject
to receiving the approval of the Ontario Municipal Board.
BY-LAW READ a first time this day of , A.D. 1979.
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BY-LAW READ a second time this day of , A.D. 1979.
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BY-LAW READ a third time and finally passed this day of
A.D. 1979.
G. B. RICKARD, Mayor
(seal)
J. M. McILROY, Clerk
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