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HomeMy WebLinkAboutP-226-79CORPORATION 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 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF DECEMBER 20, 1979. REPORT NO.: P -ate 79 SUBJECT: Objections to By-law No. 79-112, SPLASH Pool, Liberty Street North , Bowmanville. (Our File Z-0-19-1) BACKGROUND: By-law 79-112 which was approved by Council on October 22, 1979, amends the Restricted Area (Zoning) By-law of the former Town of Bowmanville by adding a Special Provision to the Zone Designation of the Bowmanville High School lands to permit the development of the SPLASH Pool -Squash Complex. In accordance with the Ontario Municipal Board Revised Rules of Procedure, the By-law was circulated to owners of property within 400 feet of the lands to be rezoned, and the attached letters of objection to the By-law were received by the Town Clerk within the 21 day objection period prescribed by the Board. COMMENTS: The first objection, which was filed by Mr. and Mrs. Forsey, was based on the following premises: 1. The proposed complex is not needed by the Community, and the money which would be expended by the Town to maintain the 1E �tl A -2 - Complex could be used to provide alternative recreational opportunities; and 2. Liberty Street is presently in poor condition and would not adequately accommodate the additional traffic which would be generated by the proposed use. We have been advised by Mr. and Mrs. Forsey that they are willing to withdraw their their objection to the proposed By-law. It is expected that a letter confirming this withdrawal will be available for distribution at the Planning and Development Committee Meeting. It was originally thought that only one letter of objection had been filed against By-law 79-112. However, it has recently come to our attention that the attached letter, filed by Mr. Cole, was intended as an objection to By-law 79-112, although there is nothing in the letter to so indicate. This letter was among the items of correspondence considered by Council on December3, 1979; and it was received for information. Mr. Cole objects to the Complex on financial. grounds, and on the basis that the erection of the proposed building on the High School property could limit the future expansion of the High School. We note that the Northumberland and Newcastle Board of Education was a party to the SPLASH Agreement, and that, presumably, the Board would have considered future land equirements in conjunction with their review of the proposal. In any event, it is the opinion of staff that this objection is based on financial matters which could be resolved by Council rather than on Planning matters which would necessitate an Ontario Municipal Board Hearing. For this reason, staff does not consider this a valid objection to the By-law. We have been advised by the Board that copies of all objections submitted in respect of any Restricted Area (Zoning) By-law or any amenments thereto must be submitted to the Board, together with Council's position in - -3 - respect of such an objection. If the Municipality feels that an objection is frivolous or invalid, it may submit an affidavit to the Board, stating the reasons for this opinion and petitioning the Board to approve the By-law without requiring an Ontario Municipal Board Hearing. RECOMMENDATION: It is respectfully recommended: 1. That the Ontario Municipal Board be advised that the objection to By-law 79-112 file by Mr. and Mrs. Forsey has been withdrawn; 2. That the Ontario Municipal Board be advised that the Council of the Corporation of the Town of Newcastle has reviewed By-law 79-112 in light of the objection filed by Mr. Cole, and wishes to proceed with the said By-law, as approved by Council on October 22, 1979; and 3. '.Chat if the objection filed by Mr. Cole is not withdrawn, the Town Clerk be authorized to submit an affidavit to the Ontario Municipal Board stating that it is the position of the Council of the Town of Newcastle that the said objection is invalid, and requesting the Board to approve By-law 79-112 without further public hearing. Respectfully submitted, NJF: D. N. Smith, M.C.I.P, December 18, 1979 Director of Planning. MR. & MRU. QON rEMBEY 46 LIBERTY £3T. N. H OWMANVILLE, ONT. Lic 2L7 /-1� ��. y�,����,-w- � �._ / /� •, �j� ��u�--� -ems e ' r ��Zl � /� � r, 1919, �• k ' I /-1� ��. y�,����,-w- � �._ / /� •, �j� ��u�--� -ems e ' r ��Zl � /� � r, 1919, �• �^ MR, 6, MRS. DON F'ORSEY Y 46 LIDERTY ST. N. MOWMANVILLE, ONT. 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COMNIIIN I CAT I UN,) H(; INI,'tIIIMATIt1N Bowmnnville, Ontario November 17 1979 'fow11 .tern ' As a tax payer of Bowmanville all nay life now a senior citizen, it is my opinion that our Council shouldn't allow the Splash Committee to build their swimming pool on the High School grounds either attached or otherwise to our school. This is a valuable piece of land, could be needed by our School Board in the near future, for an extension to the present school. If they go ahead as it is now planned this may be impossible, also our Council could end up with this swimming fool on their hands, thus adding , further burden on to the taxpayer with the upkeep and repairs to same. This may be only the sum of one mill or more but keep on adding these mills to our present rata which has been going up year after year. Last ,year some tax payers had an increase of over 50V increase in one year. This I do not feel is afair increase for .anyone to have to pay. I have nothing against, anyone building a swimming pool if they can afford same and build it on their own property, keep same in good repair and maintain it or, in other words, the ones who want a swimming pool lay for it and those who use it also pay for it. If they cannot afford this then close it. John E. Cole 82 Liberty Street North Bowmanvi 1 Icy, Ontario Attention to Mayor G.B.Rickard: You have always had my vote, don't let me clown Jack.