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HomeMy WebLinkAboutP-74-80 V- 3) 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 28, 1980. REPORT NO.: P-74-80 SUBJECT: Application for Severance Number LD 152/79 Part Lot 10, Concession 1, former Town of Bowmanville BACKGROUND: On April 30, 1979, the Region of Durham Land Division Com- mittee considered an application proposing the severance of a 1401 square metre parcel of land, containing a single family dwelling, from a 1.371 hectare parcel of land fronting on Liberty Street South in Bowmanville. The application indicated that the "retained" lands, which would have no road frontage, are to be developed as part of a proposed plan of subdivision. The Land Division Committee approved the application, on the condition "that the applicant enter into an agreement satisfactory to the Town of Newcastle that a building permit will not be applied for on the retained lands until such time as the proposed development is approved." COMMENTS: The attached agreement has been prepared to satisfy this con- dition; and staff is confident that the proposed agreement will safe- guard the Town's interests. . y��.l - 2 - RECOMMENDATION: It is respectfully recommended: 1. That this report be received for information; 2. That the attached agreement be forwarded to Council for execution; and 3. That a By-law be prepared for that purpose. Respectfully submitted, 014-4 NJF:lb D. N. Smith, M.C.I.P. April 16, 1980 Director of Planning i REGIONAL MUNICIPALITY OF DURHAM / v LAND DIVISION COMIMITTEE DECISION per the provisions of Sections 29 & 42 of The Planning Act as amended; Section 61 (10) + ©f The Regional Municipality of Durham Act as amended; and Ontario Regulation 732/78 as amended File LD 152/79 Submission B145/79 April 30 , 1979 .,eltri & Sons Limited Part of Lot 11, Block 4 Hanning' s Plan being part of Lot 10 , Concession 1 formerly the Town of Bowmanville now the Town of Newcastle Mr. M. Veltri ,was present on behalf of this application accompanied by Mr. F . Delph of Marshall, Macklin and Monaghan, Consulting Engineers . No further representation was present in favour of or opposed to the application. This application proposes to sever a 1401 m2 residential parcel containing a single family dwelling from a 1. 3 ha parcel. The retained land will form part of a land assembly for a plan of subdivision. Mr. Veltri explained to the Committee that the existing house on the subject land was in extremely good condition and he wished to sell the subject land in its present state and not wait until the land to the rear is developed. He confirmed that he had submitted an application for plan of subdivision with the abutting owners to the Town of Newcastle. e Committee had for their information reports received from the -urham Roman Catholic Separate School Board , the Ministry of Transportation and Communications , the Central Lake Ontario Conservation Authority, � e Ministry of Natural Resources , the Rr -fion of Durham Health :it �.he Region of Durham Planning Department, the Region of Durham Works, Department, the Ministry of Housing, the Town of Newcastle Planning Department. DECISION OF THE COMMITTEE MOVED: W. Allin SECONDED: R. Morrison THAT, Application LD 152/79 be approved as applied for as such will assist in the assembly of rear lands to be developed by a plan of subdivision subject to: ' That the applicant enter into an agreement satisfactory to the Town of Newcastle that a building permit will not be applied for on the retained lands until such time as the proposed development is approved. That the applicant submit two copies of a registered reference plan for the clearance of documents . 3 . That this approval shall lapse at the expiration of two years from the date the decision is final and binding unless all the conditions are fulfilled and the formal consent has been released. 4 . That prior to the signing of the Certificate given by the Secretary/ Treasurer that the Consent has been given, the Secretary/Treasurer is to be advised in writing by the Town of Newcastle that Condition #1 has been carried out to their satisfaction. CARRIED UNANIMOUSLY April 30th, 1979 ------------- -- -- ---I . Robinso`/ '� `--� Wandless - irman son Vice-Chairman �.� �__;�--------R rl / ----------r-L ,%rw --R. Rahmer Jackson --R. Bryson -��� =--------------W. Allin ------`- -L. Smith -Mrs . S . Parker Sec. /Treasurer June 6 th, 191/9 Last i �°•°� m�� '*at �i. 4 ° nom. �wr Date of Appeal of the d°<ision of the Durham l°nd oivi- t, iion Cornrnme° •nd this decision was con• June 6th,, 19 81 Expiry Date cvrred in by a m�joriry cf th° m°mb°n who heard the iippkarion. SKrerary- •r.a..rr 21/ THIS AGREEMENT IS MADE IN DUPLCATE THIS DAY OF A.D. 1980. B E T W E E N VELTRI AND SON LIMITED, a Company duly incorporated under the laws of the Province of Ontario, II OF THE FIRST PART; - and - THE CORPORATION OF THE TOWN OF NEWCASTLE OF TIIE SECOND PART. WHEREAS Veltri and Son Limited has received conditional approval of the severance of a 1401 m2 parcel of land described as Part , Plan 1OR- , from a 1.3 hectare parcel of land described as Parts 1 and 3, Plan 1OR- hereinafter referred to as the "retained lands"; AND WHEREAS the "retained lands" will form part of a land assembly for a draft plan of subdivision filed with the Ontario Ministry of Housing as Number 18T-76038 or such revised draft plan as may replace the plan identified as 18T-76038; AND WHEREAS Application for Severance 152%79 was approved subject to certain conditions and in particular that Veltri and Son Limited enter into an Agreement satisfactory to The Corporation of the Town of Newcastle that a building permit will not be applied for on the "retained lands" until such ti.re as the proposed draft plan of subdivision may be approved. NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the terms and conditions hereof, the parties hereto agree as follows: 1. Veltri and Son Limited covenant and agree that the "retained lands" shall be developed only by a registered Plan of Subdivision. 2. Veltri and Son Limited covenant and agree not to apply for a building permit for any portion of the retained lands until application for Plan of Subdivision 18T76038 or such other Subdivision number has been given final approval by the Minister of Housing or any other person, or entity having jurisdiction hereunder and until the terms of a subse- quent Subdivit3kon Agreement have been fulfilled. 3. Veltri and Son Limited agree that the Town may register this Agreement against the title to the "retained lands" and that the Town May enforce the provisions of this Agreement against the owner of the 2 - "retained lands" and subject to the provisions of the Registry Act and the Land Titles Act, R.S.O. 1979 as amended, against any and all subsequent owners of the "retained lands". 4. This agreement and all of the terms and conditions herein shall enure to the benfit of and be binding upon the parties hereto, their administrators, successors, assigns or other representatives. IN WI'T'NESS WHEREOF the parties hereto have affixed their corporate seal under the hand or hands of their proper signing officers duly authorized in that behalf at the date first above written. A VELTRI ) SON LgMLTED: / Pcr: ) l ) THE CORPORATION OF THE TOWN OF NEWCASTLE: Per: ) Mayor Per: Clerk DATED: A.D. 1980 VELTRI AND SON LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE A G R E E M E N T f:�: :......., ::fib::::;,•.:.:;;:••:.,,.•, <� e,� � , � I Ln -!: LIMIT iF C'FFECi-",.t-•`.,'.'-.'-.'I.N'.•5.'7.'.i'T.'.U.T'.E .. :: .. '\.'.'.'.'.'.•,p'.'.ry'.'.- I _�LY FJ u r •.11` .': ••' .r. -'r'rr'� >i0t: ST aff7 �. .•� SUBJECT :•:•:•:<•:•:.;;:';>;••:•:•' >;:. SITE 1-:-::� ,. :�F`:.>:>'•»:> ....':' � .: i??? 4 E•� � C" - f L L 7 r / Si•.• L� I� n is L L I