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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNINGAND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB IJO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 31, 1980.
REPORT NO.: P-59-80
SUBJECT: Ontario Municipal Board Hearing of an Appeal by John
Szimgnski against a decision of the Region of Durham
Land Division Committee
BACKGROUND:
Application for severance Number LD 413/79 was considered by the
Region of Durham Land Division Committee on November 5, 1979. This
application, which requested the severance of a .81 hectare residential
retirement lot from a 16.18 hectare farm in part of Lot 31, Concession
7, former Township of Darlington, was refused by the Committee on the
grounds that the applicants were not considered to be bona fide farmers
and had not owned the property for ten years, which would, therefore, not
conform to the policies of the Official Plan, of the Region of Durham.
The applicants appealed the Committee's decision to the Ontario
Municipal Board within the 21 day objection period permitted by the Board's
Revised Rules of Procedure; and the appeal will be heard by the Board on
April 17, 1980.
COMMENTS:
We have been advised by the Region of Durham Planning Department
that Planning Staff and the Regional Solicitor will attend the Hearing
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in support of the Land Division Committee's decision. Ordinarily,
we would recommend that the Town of Newcastle not be represented at
the Hearing. However, in this case, if the application were granted
by the Ontario Municipal Board, a new residential lot would be created,
and By-law 76-58 would require the imposition of a $1500 lot development
charge as a condition of severance.
If the Committee wishes to ensure that this lot development charge
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may be collected if the appeal is granted by the Board, it is suggested
that the Planning and Development Committee recommend to Council that
staff be authorized to attend the subject Ontario Municipal Board Hearing
in support of the Land Division Committee's decision; and to request the
imposition of the appropriate lot development charge in the event that the
appeal is successful.
RECOMMENDATION•
It is respectfully recommended:
1. That the Planning and Development Committee recommend to
Council that staff be authorized to attend the Ontario
Municipal Board Hearing in respect of Application for Severance
Number LD 310/79, in support of the Land Division Committee's
Decision; and
2. That, in the event that the appeal is granted by the Ontario
Municipal Board, staff be authorized to request the imposition
of a lot development charge of $1500 as a condition of approval
of the subject application.
Respectfully submitted,
EP:lb D. N. Smith, M.C.I.P.
March 26, 1980 Director of Planning
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Ontano :-P � ���Ontario Municipal Board ►�,4R984 IN THE MA`1 I;"R 01" :: �ct-Iun X12 oI RTI�r1EP��The Planning Act (R. S .
O. 1970 , t3St��
C . 349) as amended,
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IN THE MATTER OF an appeal by
John Szimanski from a
ecision o the Regional
Municipality of Durham Land
Division Committee
APPOINTMENT FOR HEARING
John Szimanski having appealed from i decision o1 the Regional.
Municipality of Durham Land Di.vision Committed dated the 5th
day of Noveml)er , 1.979 , whereby l-.hd Commi ttee dismissed his
application numb�.rc�i 13 4"l 2/79 ! 01- Lo Ll,c coiivcy',ncU ,
mortgage, or Ch' or to an a<Iz'c t n . iit for the sj-jle and
purchase of a parcel of land having i frontage of 61 metres
on Zion Road. , and an area of approximately 0 . 01 hectare, the
lands in question being composed of part of Lot 31 ,
Concession 7 , formerly the Township of Darlington, now in
the Town of Newcastle;
`1'111; ONTARIO i%9UNICIPAL BOARD horehy appoints Thursday,
the 17th day of April , 1900 , �zt the, 110,.11- of two
o ' clock (local Lime) in the afLernunn it the Regional
Headquarters Building , 605 Rossland Road East, Whitby for
the hearing of all persons who desire to be heard in support
of or in opposition to the appeal .
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 . :Mich decision will he mailed to you
when available .
DATED at Toronto this 14Lh day of i iarch, 1980.
SECRL:TAI:Y
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