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Home My WebLink AboutP-122-81 i i 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 i REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JULY 6, 1981. REPORT NO. : P-122-81 SUBJECT: Restricted Area By-law No. 81-51 - Salco Sand & Gravel -- Objections Received as a result of circulation RECOMMENDATIONS: It is respectfully recommended that: 1. This report be received; and 2. That Council adopt the following resolution for submission to the Ontario Municipal Board: "WHEREAS, the Town of Newcastle has reviewed all of the objections received to Restricted Area By-law 81-51, and WHEREAS, the Council of the Town of Newcastle is of the opinion that By-law 81-51 conforms to the Official Plan of the Regional Municipality of Durham, as amended by Ministerially approved Official Plan Amendment 44, and WHEREAS, the Town of Newcastle has entered into an agree- ment with Salco Sand and Gravel Eastern Ltd. , in respect i of the proposed gravel pit in part of Lot 32, Concession i 10, former Township of Clarke, and I - 2 - WHEREAS, the objections have been substantially dealt with through the said agreement, BE IT NOW RESOLVED that the Town Council hereby requests the Ontario Municipal Board to approve Restricted Area By-law 81-51, and hereby authorizes Planning staff and the Town Solicitor to make representations on behalf of the Town, at any Ontario Municipal Board Hearing convened in respect of this matter." I BACKGROUND: On April 27, 1981 Planning and Development Committee considered staff report P-66-81 in respect of the above. Planning and Development Committee accepted the recommendations within staff report P-66-81 and recommended that Council adopt those recommendations. In accordance with this action, Town Council adopted By-law 81-51 on the 4th of May, 1981. Council also authorized the execution of an agreement with Salco Sand and Gravel Ltd. in respect of the development of the proposed gravel pit. COMMENT: Staff have reviewed the attached correspondence and note that the objections received may be summarized as follows: • Impact of noise and dust from extraction; • Addition of truck traffic, (noise generated, pedestrian safety, adequacy of receiving roads) ; • Odour; • Appearance of pit and area; • Effect on property values; • Lack of Protection to taxpayers; • Viability of site and possible alternatives. 3 - Planning staff note that the agreement between the Town of Newcastle and Salco Sand and Gravel Ltd. contains specific clauses in respect of: • Dust control whereby all roads within the pit or quarry are to be treated with oil, calcium chloride or another dust controlling substance as often as may be necessary to control dust and/or whenever requested by the Director of Public Works for the Town of Newcastle. • Noise control whereby the owner has agreed not to operate the pit or quarry and not to operate any of the machinery or equipment used in conjunction with the pit or quarry between the hours of 7:00 p.m. and 7:00 a.m. or on any Sunday or holiday. Further the owner has agreed that all combustion engines located on the lands will be equipped with sound muffling equipment equal to or better than the manufacturer's specifications and all equipment shall be operated so as to avoid any unusual, unnecessary or excessive noise. • Traffic control whereby the owner has agreed that all truck traffic entering and leaving the lands will use only designated Regional road and Provincial highways. Staff note that these roads are designed to accommodate heavy vehicle traffic. • Odour - please see provision in respect of noise control and the operation of combustion engines. • Appearance whereby the owner has agreed to restore, rehabilitate and reforest the lands in a progressive manner in accordance with a site development plan and has filed with the Town an ultimate site rehabilitation plan. The owner has further agreed to establish 'A - 4 - and maintain within the front, rear and side yards defined within By-law 81-51, a landscape berm and planting strips as specified within the site plan. Staff note that in addition to the specific clauses mentioned, the agreement with Salco Sand and Gravel Ltd. contains more general clauses in respect of the use the pit and neighbouring areas, including clauses in respect of the dewatering of wells, inconvenience and hazard to neighbouring ratepayers and residents and the rehabilitation of the pit in the event that the use is discontinued. Staff feel that these provisions provide neighbouring ratepayers a reasonable assurance as to how the operation will be undertaken and in that way serves to protect their properties. I believe it would be appropriate for Council to forward Restricted Area By-law 81-51 to the Ontario Municipal Board for consideration. Respectfully submitted, DNS:lb D. N. Smith, M.C.I.P. June 17, 1981 Director of Planning 159 Spirea Court, Oshawa, Ontario. L1 G 6S8 May 25, 1981 �44g Mr. D. W. Oakes , Town Clerk, Corporation of the Town of Newcastle, MAY 29 1,9& 40 Temperance Street, Bowmanville, Ontario. 1 A r �,J-YIUSTLE L1C 3A6 PLANNING DEPARIMENT Dear Sir: Re: By-Law 81-51 (Opposition to:) Please note that as owner of Nx Lot 31 , Concession IX, former Township of Clarke, I am opposed to By-Law 81-51 for the following reasons . 1 . The access road is a seasonal road and is not suitable for use by gravel trucks without substantial upgrading. 2. Said By-Law would depreciate the value of my property and in particular an anticipated severance of the west 40 acres and subsequent anticipated building on same. 3. The said property seems too small on which to develop a viable gravel pit unless the operation were extended to cover Lot 31 , Concession X, the property immediately to the North of my property, which would further depreciate the value of my property. 4. Taxes on my property were increased 600% in one year following implemen- tation of Market Value Assessment and is taxed as a residential property which should be protected from encroaching industrial and commercial uses. 5. Noise and dust from said gravel pit and from trucks transporting aggregates would jeopardize my enjoyment of my property and my investment in constructing the residence presently underway.) 6. Plenty of aggregates are available in the immediate vicinity from unexhausted pits. For these reasons, and others, I oppose this By-Law and would request notice regarding any hearing in respect of this proposed change so that my interests might be represented. Respectfully submitted, MAY 28 161 W. Longworth TOWN -Dt IIEWCAs E REGISTERED MAIL CLERK DEP11RiMNT JUN I o TOWN OF NEWCASTLE CLEB- of 77) k c� 1 11 10 rho /* f I- �'�C%�..��, /L.(�rV�_�"�,U �• �1� �' �"�-��'L�_) ��..��1.r��D�,;_(r i0•-� ..� :1 }� � �. 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