HomeMy WebLinkAboutP-65-80 �otpgtRry711A?,�
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
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF April 14, 1980.
REPORT NO. : P-65-80
SUBJECT: Proposed Gravel Pit - Part of Lot 15, Concession
3, former Township of Clarke
File: C-3-C-1
BACKGROUND:
On March 3, 1980 the Town received the attached letter and
Affidavit from Mr. K. Lycett on behalf of his client Mr. W. E. Reid.
The subject letter was referred to Planning Staff for a report to
Committee and Council.
COMMENTS:
Staff have reviewed Mr. Lycett's request and have advised
him that the use of the site as a gravel pit is not a legally non-
conforming use, due to the fact that it has been inactive for a con-
siderable period of time. As such, we have indicated to him that his
client will require an amendment to the Durham Regional Official Plan,
as well as, an amendment to the_ Clarke zoning by-law.
We note that a draft by-law for regulating Pits and Quarries
has been prepared by Town staff; and that early adoption of such a
by-law will provide the municipality with additional controls in r
of this type of land use. Y.- �t
APR 180
STLE
Further reports on this matter will follow in the event
that Mr. Reid chooses to proceed with the necessary amendments.
RECOMMENDATION:
That the Planning and Development Committee recommend to
Council that report P-65-80 be received for information.
Respectfully submitted,
TTE:lb D. N. Smith, M.C.I.P.
April 3, 1980 Director of Planning
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40 TEMPERANCE STRFET
DOWMANVALL MJMHK)
L1C 3A6 TELEPHONE 623-3379
March 3 1980
AR aP -j DEPARTMENT
T, _;'
Mr. Kay Lycett , Q.C.
Orono, Ontario LOB 1MO
Dear Sir :
Re: Part of Lot 10, Concession 3 , Clarke , now Newcastle
and William Elliott Reid - Application for licence
to operate a Gravel Pit
Thank you for your letter dated February 26 1980 .
Your letter has been referred to the Director of Planning
for a Report and recoiiunendation to the Planning and Development
Committee and Council .
We shall advise you of action Laken in due course .
Yours very truly ,
JMM : nof Jos :ph M . McIlroy , A. M .C .T.
T( vn Clark
cc : Mr . D. Smith,
Director of Planning
TELEPHONE 983-50074
(/rOnr. �'.�itlitrio
106 irnU
February. 26, 1980
The Clerk
Town of Newcastle a
Town Hall
40 Temperance Street
Bowmanville, Ontario
Dear Sir:
Re: Part of Lot 10, Concession 3, Clarke, now Newcastle and
William Elliott Reid - Application for licence to operate a Gravel Pit
In an Affidavit which I am enclosing herewith in duplicate you will note
that my client, William Elliott Reid , is the owner of part of lot 10 in the
3rd concession of the Geographic Township of Clarke and that this property
since 1962 up to possibly 1972 was operated as a gravel pit from which gravel
was sold not only to the Township of Clarke but the Department of Highways
of Ontario and for reasons that in 1971 or 1972 when licensing from the Ministry
of Natural Resources became necessary and the fact that my client or his partner
at that time did not apply and obtain a licence it has become necessary in his
application for stich a licence at this time that the Ministry receive some
document in writing from the Town of NL'wcastl.e acknowlcdying the fact that this
use of the property is a legal non-conforming; but pre-existing use and that the
Town has no opposition to the pit being renctivated .
In support of this application which I hereby make to you and the proper
authority within the Town of Newcastle I am enclosing not only Mr. Reid's
affidavit but also the surveyor's Plan of the property in question.
I would be glad if you would bring this matter to the attention of the
proper officers of the Tom for their consideration and action and I would be
glad to hear from you at the earliest possible convenience.
Yours truly
W. Kay LY/cett,
t,KL/da
Encls.
- IWED
T&WN OFF NEWCASTLE
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eROVINCG OF ONTAmo ) IN THE MATTER OF tliu I,lt;j ;111(1 Quarries; Act of Ontario
n11d IN T)IF HATTI:1( ()1' td( lllrl ') I':II Iol-1, NeId, Application
1(1;GIONAL NUN IC11'AI,ITY) fur Ilc•encc to uperate Crrivcl 111t.
OF DURHAM ) .✓
TO WIT: )
I, WILLIATI ELLIOTT RIND, of the Town of Newcastle, in the Regional
Municipality of Durham, farmer, MAKE OATH AND SAY AS FOLLOWS:
1. I am the sole owner of fart of Lot 15 in the 3rd Concession of the
Geographic Township of Clarke, now in the Town of Newcastle in the Regional
Municipality of Durham, as described in Schedule "A" hereunto annexed and shown
on a sketch of Surveyor' s Plan which will be submitted herewith and containing
35.5 acres.
2. My partner, Leslie Ernest Reid, and I first acquired the said lands
from one Charles McNeil in Fchru:ii-y of 1O( 2 :111(1 from that date forward until
1971 or 1972 when licences became necessary under the Pits and Quarries Act
Of Ontario these lands were operated as a gravel pit property and even after
licensing came into effect a goodly amount of gravel was taken from the property
that had been previously stockpiled.
3. Most of the gravel taken from the property amounting to a good many
thousands of tons was acquired by the Municipal Corporation of the Township of_
Clarke and also, as then named, the Department of Highways of Ontario.
4. In October of 1977 1 purchased my partner°¢ one-half 'eharo in`tlio '
lands and I am presently in the process of making application under the Pits'
and Quarries Act for a licence to re-operate the said property as a gravel pit
as there has recently grown a substantial demand for gravel in the nearby area
where this pit is located.
5. In this application the Min stry of Natural Resources has required me
to have prepared by an Ontario land Surveyor a plan of the property showing
elevations etc. , and other topical features and this has been done and is the plan
of which a copy made by C. F. Riley is forwarded with this my Affidavit, and
the Ministry required a statement, direction or declaration in writing from the
proper office or authority within the Municipality of the Corporation of the
Town of Newcastle that will acknowledge that the use of these lands is a legal
pre-existing non-(conforming use tllat continued both before and after the pass-i-ig
of the Zoning Sy-law of the former Township of Clarke in the year 1969.
6. This affidavit is made in application for such a declaration of the
Town of Newcastle and for no improper purpose.
SWOR14 before me at the Town )
of Newcastle, in the Regional
Municipality of Durham this ).
.2s,r-day of A.D. 1980.
A Cominis5lotSer; etc .
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AIA. AND SINt:111.AR 111M r111- lnln prirri- 1 11 It ,;rl ul In;t�l ;tnl Irnmlrttn nituntu,
lying n"d hvinl; In the '('own uI Nvwc"nLI0 , In the Re};lon.nl Muni-Cipullty of
Durham and being composed of Part of Lot 15 In the 'Third Concession of the
Ceographic Township of Clarke.
Ii CO1•¢tENCING at a point in the East limit of said Lot 15, distant South 16 degree
�I � 45 minutes 30seconds East, 3,443. 10 feet therealong from the Northeast angle
of said Lot where an iron bar has been planted ; I
11
THENCE South 71 degrees 03 minutes West along an old rail fence, 752.55 feet
to an iron bar planted;
I� THENCE South 81 degrees 28 minutes West continuing along a fence, 321. 32 feet
' to an iron bar planted;
I
THENCE North 72 degrees 20 minutes West , 288. 15 feet to an iron bar plante2;
i
it 'II
I� THENCE North 87 degrees 17 minutes 30 seconds West, 112.21 feet to the Western f`
limit of said Lot 15;
1 �Iii ; THENCE South 27 degrees 25 minutes 50 seconds East, 76.32 feet to a point j
-ihereinafter designated as "POINT A" , where an iron bar is planted ; Ij
I
/65.07 feet i
THENCE South 87 degrees 17 minutes 30 seconds East, to an iron bar planted ; `)
�I
ITEENCE South 72 degrees 20 minutes 00 secol
,I I uls Last , 294. 75 feet to an iron bar `!
planted;
I,
�I I
THENCE North 81 degrees 23 minutes 00 seconds East, 150. 63 feet to an iron
bar planted ;
I
iI
�I THENCE South 84 degrees 05 minutes 00 seconds East, 160. 74 feet to a point at
ithe beginning of a curve to the right ;
I
THENCE on a curve to the right having a radius of 45.05 feet, a chord bearing
of South 49 degrees 22 minutes 40 seconds East and a chord equivalent of 51.31
Meet to an iron bar planted;
: THENCE South 14 degrees 40 minutes 20 seconds East along a post and wire fence,
. 403.55 feet to a point where an iron bar has been planted hereinaCter designated
as "POINT B";
'I ( THENCE South 77 degrees 45 minutes 00 st`c'onds West, 633. 20 feet to the West
N �f limit of said Lot 15; '
�I
( THENCE Southerly along the Westerly limit of said Lot 15 to a point therein
measured 990 feet Northerly therealong from the Southwest angle of said Lot ;
I� THENCE Easterly parallel to the South 1 imi t or said L"L , 1 ,320 Cc c t more or I
ji less to the East 1 imi t of said I., 1 ;
i
11I1:N(:1: Northerly along lhv lC:i:ct I lmlt -0 001d I.ut to Lho MINT OF CUMMENCMEN"I.
( I
i I SUBJECT TO A RIGHT-OF-WAY in, over, along, and upon that part of a private
road being designated as Part of said Lot 15, Concession Three of the said
li Geographic Township of Clarke and being; a strip of land havin g a
uniform
perpendicular width of 66 feet, the Southwesterly, Southerly and Westerly
boundary or boundaries of which is or are described as follows :
I
M111-ENCING 'at a point hereinbefore designated as "Point A"; i
THENCE South 87 degrees 17 minutes 30 seconds East, t6Sa07irontbar planted;
THENCE South 72 degrees 20 minutes 00 seconds East, 294. 75 feet to an iron bar ,l
planted;
I'
1
THENCE North 81 degrees 23 minutes 00 seconds East, 150.63 feet to an iron bar
planted;
THENCE South 84 degrees 05 minutes 00 seconds East , 160.74 feet to n point at
the beginning of a curve to the right ; i
s THENCE on a curve to the right having a radius of 45. 06 feet, a chord bearing
`` of South, 49 degrees 22 minutes 40 seconds East and achord equivalent of 51. 31
2
Well to an iron bar Planted ;
--
i
I THENCE South 14 degrees 40 minute:: ZO s—urds Past aiun}; a Post and wire fence, .
I)
403.55 feet to a Point where an i ron bar has been planted herAnbetore
designated as "Point B".
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