HomeMy WebLinkAboutWD-121-81 MI
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CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT J.W.Dunham,Director
HAMPTON,ONTARIO LOB 1 JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE OF
OCTOBER 13, 1981.
REPORT NO. WD-121-81. October 1, 1981.
SUBJECT: Clemens T. Smid.
Lot 5, Block 'S' , Hanning's Plan of the
Former Town of Bowmanville.
Nos. 78, 80 and 82, Division Street.
Request for Encroachment.
RECOMMENDATIONS: It is recommended;
1. THAT this report be received, and;
2. THAT, in accordance with By-Law 81-50,
the existing encroachment on Division
Street, Bowmanville, defined on Plan
81197-L as being Nos. 78, 80 and 82,
Lot 5, Block 'S' , Hanning's Plan of the
former Town of Bowmanville, be allowed
to continue for so long as the encroach-
ment in question is not required for
municipal purposes.
BACKGROUND & COMMENT:
In a letter dated September 16, 1981, addressed to
the Clerk, it was pointed out that property recently purchased by
Mr. Clemens T. Smid was found to encroach by a distance of 1.70
feet onto Division Street in Bowmanville.
The Town is asked to grant approval of the existing
WD-121-81 - 2 _
encroachment, and this would be acceptable if approved in accord-
ance with BY-Law 81-50, and the terms and conditions specified
therein.
Respectfully submitted,
J. Dunham.
Director of Public Works.
JD:vh
VAN NEST & ASSOCIATES
BARRISTERS AND SOLICITORS
TELEPHONES 118 KING STREET EAST
(416) 623-2771
(416) 623-2537 P.O. BOX 145
BOWMANVILLE, ONTARIO
L1C 3K9
REPLY TO J. Kingsley Van Nest
September 16 , 1981
Mr.. David TJ]. Oakes ,
Clerk, Town of Newcastle,
40 Temperance Street,
BOWMANVILLE, Ont-r.to.
Dear Sir:
Re : Clemens T. Smid
Lot 5 , Block S , Hanning' s Plan
of former Town of Bowmanville
78 , 80 & 82 Division Street ,
Bowmanville, Ontario
The writer recently acted on behalf of
Mr. Clemens T. Smid in the purchase of the above property.
We enclose herewith plan of survey
prepared by Merrill D. Brown Limited, dated August 21 , 1981 ,
which you will note shows that a portion of the building
situate on the above lands encroaches onto Division Street a
t at the south wall and 1 . 66 feet at the
orIBON
CLERK ......>":••.4••••v Mr. Smid has requested me to approach
o ncil,rnwith a iew to obtaining its permission to allow
hs�'encroac"nm6iie*Fo continue and I would appreciate it very
tym: w.Quid.hr'ng this matter before the proper authorities
tion is taken.
FEES TO:
- - Should you require any further information
dr mat.eria o not hesitate to contact the writer.
�, <
� �..�. Yours very truly, rr
VAN NEST & ASSOCIATES
Per: ?
SEP 2 1 1983
BILE .,.>. i�°TOWN OF NEtASTLE
J CLERK DEPARTMENT
Encl . J. Kingsley Van Nest .
CORPORATION OF THE TOWN OF NEWCASTLE
OFFICE OF THE TOWN CLERK
40 TEMPERANCE STREET TELEPHONE 623-3379
z•� . ��,
BOWMANVILLE, ONTARIO
September 25 1. 981
Van Nest & Associates
118 King Street Fast
P. 0. Box 145
Bowmanville , Ontario L1C 3K9
Dear Sir :
Re : Request for Encroachment.
Clemens T. Smid
78 , 80 & 82 Division Street
Bowmanville , Ontario
Our File #16 . 34 . 102
Your letter dated September 16th 1981 respecting the subject
encroachment application is acknowledged .
All of the material submitted has been forwarded to the
Director of Public Works for his consideration .
I would assume , that he will be reporting on the application
and Council ' s decision will be transmitted to you in due course .
Yours truly ,
David W. Oakes , A .M. C . T.
Town Clerk
DWO:nof
cc : Mr. J . Dunham, Director of Public Works
SEP 28 1981
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 81-50
being a by-law to establish a policy for Highway
Encroachment
The Council of the Corporation of the Town of Newcastle hereby
ENACTS AS FOLLOWS:
I . That the policy for granting highway encroachments in the Town
of Newcastle shall be as follows:
a) Each request for permission for the continuation of an
encroachment upon a public highway be in writing and be
considered upon its own merits.
b) Each request be submitted to the Director of Public Works
accompanied by the following information:
i ) the name of the registered owner of the property;
ii ) the legal description of the property in question;
iii) a survey of the property and the encroachment;
iv) an explanation of how the encroachment occurred.
c) The Director of Public Works shall consider the application
and submit a written report to the Public Works Committee
for its consideration.
d) After receipt of the Director of Public Works report, the Public
Works Committee shall recommend to Council either of the
following courses of action, namely,
i ) the application be denied; or
ii) a by-law be enacted pursuant to the provisions of Section
354 (i ) paragraph 93 of The Municipal Act
a) granting permission to the registered owner, or owners,
their heirs, successors and assigns to maintain and
use such portion of the erection as constitutes an
encroachment upon a public highway for so long as the
encroachment in question is not required for municipal
purposes;
b) charge such annual fee or charge as Council considers reasonable;
C) in the event that a by-law granting permission for the
encroachment is granted and an annual fee or charge is
required, such fee or charge shall form a charge upon
the land used in connection therewith and the payment of it
may be enforced in like manner as taxes are payable;
d) providing that the by-law may be rescinded at any time and
the permission for the encroachment shall be terminated six
months after the rescinding by-law shall have been enacted.
J
d
♦ -2-
By-Law 81-50
By-Law read a first time this 4th day of May 1981
By-Law read a second time this 4th day of May 1981
By-Law read a third time and finally passed this 4th day of May 1981
Garnet B. Rickard ✓/7� ,l
Mayor
David W. Oakes
C erk