HomeMy WebLinkAboutReport #7 (Planning) SuptjfG°/{5b-
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231
REPORT TO THE COUNCIL MEETING OF JULY 28, 1980.
REPORT NO. : 7
SUBJECT: Ontario Municipal Board Hearing in respect of By-law
80-26 as reinacted by By-law 80-67 in respect of
penalties for violations of the Clarke Zoning By-law.
BACKGROUND:
By-law 80-26 was approved by Town Council on March 10,
1980 in order to raise the maximum allowable fine for contraventions
to the Clarke Township Zoning By-law No. 1592 from $300.00 to $1,000.00.
By-law 80-26 was proposed at the same time as By-laws 80-25 and 80-27
which introduced similar penalty provisions in each of the Bowmanville
and Darlington Zoning By-laws.. On submission of the three By-laws to
the Ontario Municipal Board, the Board advised that it would be appropriate
for the municipality to amend each of the By-laws to make specific reference
to the Summary Convictions Act. By-laws 80-66, 80-67 and 80-68 were en-
acted in June, in order to adjust the By-laws in accordance with the Board's
advice.
During the circulation of By-law 8026, a single objection
was received, copy of letter attached, in respect of the effect of
By-law 80-26. In response to the objection, the Ontario Municipal Board
2 -
has advised that By-law 80-26, as reinacted by By-law 80-67, will be
the subject of an Ontario Municipal Board Hearing on August 29, 1980.
COMMENTS:
Staff note that By-laws 80-25 and 80-27, as reinacted,
have received Ontario Municipal Board approval. Staff note that By-law
79-44 for the former Village of Newcastle has been approved with a pen-
alty clause of $1,000.00. Staff also note that the objection appears
to be a general comment on what may be viewed as the effect of govern-
ment regulations.
Staff feel that it would be appropriate for the Town to
be represented at the Ontario Municipal Board Hearing of August 29, 1980
in order to ensure that By-law 80-26, as reinacted, receives Municipal
Board approval and hereby requests authorization to attend the said
Hearing.
RECOMMENDATION:
It is recommended that staff be authorized to attend the
Ontario Municipal Board Hearing of August 29, 1980 in respect of By-law
80-67.
Respectfully submitted,
DNS:lb D. N. Smith, M.C.I.P.
July 25, 1980 Director of Planning
� VED
TOWN 0: 14 -5TLE
May 26 , 1980
�: . R . # 1 ,
Bowmanville , Cnt .
L1C 3K2
Mr.
J .M . 16c Ilroy
Town Clerk,
40 Temperance St . ,
BOVvmADIVILLE , Ont .
L1C 3A6
Dear Sir : y
In reply to your letter , file No. R80771 , of
May 13 , 19 ,0, By—Law #80-26 , Amendment to the land
- use by—law- , section 35 of the 1)lanning act , which I
replied to in my previous letter of April 24 ,19Qo,
Objecting,
I will therefore , try to explain in detail as
I did in my previous letter, that the land use
By—law does infz-inge on the right of an indivicual to
make an honest living in there home or place of business .
Individual enterprises in the villajer; of JIaydon , Tyrone ,
Eru,iiskilien , and Burketon are not pre . itted , therefore
I feel an Amendment clause should be enforced at triis
time .
Myself or my agent certainly attend a hearing
when called , if notified in sufficient time .
Yours truly'
j
A�
t
d
April X4 ,1980
r
Ont .
h1C ?.K '
Mr. J .M . MCILROY , 9 .I,I .C .T .
Town Clerk ,
_ r
40 Temperance St .
Dowmanvi lle , Ont:lri o
LIC 3A6
Dear Sir :
I am aura? e �e must hyve rule. . 1't: :'lll'.ti was ; but " _n
a By-law No. 80-26 , infriz_ign uYo:. thu A ht of an l ndi vi6�l
to make an honest living in there ho ' e on vlace of bucine.cc ,
it has gone to far. Individual eater' ,'i :: a
Carpenter , Tin Smith , Barber , Hair Dons cur , EVi c & Telco,-; on
repair peol)le , �?:. ] ` '. �* :� 'vi C;e 'jt'`t : -e:. , etc
where One Or tP.O can i',ia e a !iv'1 rC , c?:n no loll, er exist ,
st ,
because the By-l::w,, wont T)e1•IIl1 t .
We are in a time then i � at _s> ill time
hQh , Lay-off prevelent and Con:_eivat : o:: t}_e tonic of the clay .
But NO this By-law in drafted to P1•unute extravagence and
fuel con£3E'rvoti oz in nut to UU ('UI+:) CPI P6 .
The town , -1.miters can n unl • are ipu r' (,entry no
vi lla , s as bK rooms for t•t o tut' nq C:! tl e:, . They cannot
nno
.J
see a small- Han i.ct a ;u:.:ip% q,6 . ,:,, ! y owe p] ,,, to
Kith services __w ;w .:itic'• of 'i P
- ." - pie
One must nct think or h. vu 0M l._; _1 to ul=tnin themself ..
e ure being cdnr�tw to he ,>U j ; jive " 1'('!1pf 01'
Grab all you c"n fro:., L: ujic:i -Al up 1' t IlLJl,�: Out, .
Bei nE a ="12 bu i np...- :I':,i v Au . . _-t,C6 his country y ,.sal
have been in bva:i iw .. for h i rt} -1. i v :1?(1 C.'li;:lOj
three ( 3 ) Leoplc , an slowly Out sur l .. buinu forcro out of
business by bill'enuoc1'•: cy . The 1'i'1 ':a1 , l a, my:" O± pos( d to
this By-law .
~` R 80771
Ontario
Ontario Municipal Board
IN THE MATTER OF Section 35
of The Planning; Act (R.S.O.
197 ; c. 349 a
and -
IN THE MATTER OF an application.
by The Corporation of the Town
of Newcastle for approval of its
Restricted Area By--law 80-26 as
t,e-enacted by Bylaw 80-67
APPOINTMENT FOR HEARING
THE ONTARIO MUNICIPAL BOARD hereby appoints Friday, the
29th day of August, 19809 at the hour of ten o'clock
(local time ) in the forenoon, at the Court Building,
132 Church Street, Bowmanvil.le,
for the hearing of all parties interested in supporting
or opposing this application.
If you do not attend and are not represented at this hearing,
the Board may proceed in your absence and you will not be
entitled to any further notice of the proceedings.
In_ the event the decision is reserved, persons taking part
in the hearing may request a copy of the decision from the -
presiding Board Member. Such decision will be mailed to
you when available.
DATED at Toronto this 18th day of July, 1980.
SECRETARY