HomeMy WebLinkAboutWD-7-80 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 COUNCIL MEETING OF JULY 28, 1980.
REPORT NO. : 7
SUBJECT: Ontario Municipal Board Hearing in respect of By-law
80-26 as reenacted 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 reenacted 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 reenacted,
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 reenacted, 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,
dv—Jz-
DNS:lb D. N. Smith, M.C.I.P.
July 25, 1980 Director of Planning
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Bowmanville , Ont .
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J .M . McIlroy
Tovm Clerk,
40 Temperance St .
BOVtTTANVILLE , Ont .
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Dear Sir :
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 p1Eua_ndng act , which I
replied to in my previous letter of April 24 ,19L0,
Objecting.
I will therefore , try to explain in detail as
I did in my previous letter , that the land use
By—law does infl,inge on the right of an individual to
make an honest living in there home or place of business .
Individual enterprises in 'the villa,-,e-, of 11a:ydon , Tyrone ,
Enniskillen , and Burketon are not premnitted ? therefore
I feel an Amendment clause should be enforced at thisi
time .
Myself or my agent v," ll certainly attend a hearing
when called , if notified in sufficient time .
Yours truly
y4
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Arril 4 ,178()
MC 02
Mr. J .M . MCILRCY , y .Li .0 .T .
Torn Clerk ,
40 Temperance St .
DOwmanvi lle , OntArj o
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Dear Sir :
I ain awa2 , no must have rL:.lp. an6 r E. ulat•i oI u ; but chu .
a By-law No . Su-26 , infrir'Ign i, pok thu 1':: ,",.t of an indlvicu::.1
7.
to make an honest living; in there ho .e or glace of basine.ss ,
it has gone to far. Individual Gr1tC 1 .. � :., such a
Carpenter , Tin Smith , Barber , A;Ir• li e.- . uy , i'•.c? o i �
� Tcycv! cn
repair people , Gpl . ops 6 :PIYi ec 5t%t i on:_ , Villa,'c Storer , etc . ,
where one or t1'.o celn mike a ..' iv� r , cnn Do lonjer e:/:dnt ,
because the By-1.:
We are in n time nhen ulser:i;)l . e nt i , at LLn 'ill. time
hi rh , Lay—off r reve.l_ent and Conseav40on the topic of the bay.
But NO this By—law in drafted to Frc:ut e extrav=agance anE
fuel cOnyer'vot7 = in Put to be c ; Ii:;] E P . P& .
The town •'a.i!I imr. c ' �.���� . .:r E' r' (_.i.Z tr "ind
vi ll:. re: as bcCroomy for thn tC:..A.. •. ul tic: . The; cannot
see a sm-all nl .ry to l i vi':
Ai th s orvi con aiA :i1iuA ti Lam: l.'_. 1i t E' .. -!Ule .
One must nct thin:_ or h vC on 1 ., l .1 to oz: t:,._r: tl'emsel .
;:e _:re bodnU octLcwtuc to he Mj ; live on ,'elief or nalf,-.re ,
Grub ,..l1 you c :1. fro" L:unlri nj oa v r . .. c t h u7�: of u:_ .
Bel nr a . ;l.l buV np.... .:i .y . -o . . iwu6 0s. country twQ
have been d n bul j iw .. for Ai r tl-A . E.' ( )'') ) �jC".r'.. , .:.]?(1 C::It'loj dni
three ( 3 ) peoplc , .gin slow l; but su.•c ly tip: i , r for'ccr out of
business by bure"uOC'1'iicy . T1:E 3wfur' ' , J an mzra a urc d to
this By-law .
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R 80771
Ontario
Ontario Municipal Board
IN THE MATTER OF Section 35
of The Planning Act (R.S.O.
1970, c. 349) ,
-- and
IN THE MATTER OF an application
by The Corporation of the Town
of Newcastle for approval of its
4estricted Area By—law 80-26 as
i,e—enacted by By—law 80-67
APPOINTMENT FOR HEARING
THE ONTARIO MUNICIPAL BOARD hereby appoints Friday, the
29th day of August, 1980, at the hour of ten o'clock
(local time ) in the forenoon, at the Court Building,
132 Church Street, Bowmanville,
for the hearing of all parties interested in supporting
or opposing this I 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.
t. SECRETARY