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Land Division Committee

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Land Division Committee MINUTES LAND DIVISION COMMITTEE The Land Division Committee met in regular session on Tuesday, August 8, 2017 at 9:00 a.m. at the Lanark County Administration Building, 99 Christie Lake Road, Perth, Ontario. Members Present: R. Strachan, D. Murphy and W. Guthrie Staff Present: M. Kirkham, Secretary-Treasurer and Leanne Cardiff, Clerical Assistant LAND DIVISION COMMITTEE Chair: R. Strachan 1. CALL TO ORDER The meeting was called to order at 9:00 a.m. A quorum was present. 2. DISCLOSURE OF PECUNIARY INTEREST Wayne Guthrie - Declared Pecuniary Interest to Application #B17/027 on item 6.5 3. APPROVAL OF MINUTES MOTION #LD-2017-25 "THAT, the minutes of the Land Division Committee meeting held on June 13, 2017 be approved as circulated.`` ADOPTED Land Division - 08 Aug 2017 Minutes Page 1 of 154 4. ADDITIONS AND APPROVAL OF AGENDA MOTION #LD-2017-26 MOVED BY: Dan Murphy SECONDED BY: Wayne Guthrie "THAT, the agenda be adopted as presented and amended - add "In-Camera" session." ADOPTED 5. DELEGATIONS & PRESENTATIONS None 6. NEW APPLICATIONS The Land Division Committee reviewed the reports for the following new applications to be considered at the 10:00 a.m. public hearing. 6.1 B16/119 and B16/120 Laurie Lee Morley - 2 lot additions Pt. Lot 6/7 Conc. 12 Township of Beckwith. Dowdall's Shore Lane. 6.2 B17/007 and B17/008 - John A. Doraty and Linda M. Stowe - 2 lot additions Pt. Lot 1 Conc. 4 geographic Township of Ramsay, now in the Municipality of Mississippi Mills. Montgomery Park Road. 6.3 B17/014 and B17/015 - Barry Hayter and Tracy Nolan 2 new lots Pt. Lot 12 Conc. 4 Township of Beckwith. Richmond Road. 6.4 B17/024 - Estate of Phyllis Coleman - lot addition Pt. Lot 3 Conc. 8 Township of Beckwith. 9th Line Beckwith Land Division - 08 Aug 2017 Minutes Page 2 of 154 6.5 B17/027 - Eddie McCabe - new lot Pt. Lot 25 conc. 11 geographical Township of Lanark, now in the Township of Lanark Highlands. Galbraith Road. 6.6 B17/028 - Gary Brown - new lot Pt. Lot 2 Conc. 3 Township of Beckwith. Gillies Corners Side Road. 6.7 B17/029 - Bradley Sheil - new lot Pt. Lot 23 Conc. 5 geographic Township of Drummond, now in the Township of Drummond/North Elmsley. 6.8 B17/030 - Harold and Jean Coleman - new lot Pt. Lot 3 Conc. 4 Township of Beckwith. Gillies Corners Side Road. 6.9 B17/031-Fred and Joyce Ford - new lot Pt. Lot 1 Block 2 Conc. 3 Franktown Plan, Township of Beckwith. Maitland Street 6.10 B17/032 - Paul and Corrine Thompson - new lot Pt. Lot 6 Conc. 6 geographic Township of Drummond, now in the Township of Drummond/North Elmsley. Drummond Con.7 6.11 B17/037 - Roger Villeneuve and Sharon Forbes - new lot Pt. Lot 22/23 Conc. 7 geographic Township of Dalhousie, now in the Township of Lanark Highlands. Horne Lake Road. 6.12 B17/039A - Mary Ann Somerton and Kathleen Paul - lot addition Pt. Lot 7 Conc. 2/3 geographic Township of Lanark, now in the Township of Lanark Highlands. Neilson Lane. Land Division - 08 Aug 2017 Minutes Page 3 of 154 7. DEFERRED APPLICATIONS 7.1 B15/118 Gary and Mary Greer - New Lot Pt. Lot 11 Pt. Park Lot 4 Conc. 3 Township of Beckwith. Richmond Road. 7.2 B17/020 - Estate of Myrtle Carpenter - New Lot 7 - 11 Pt. Lot 2/3 Conc. 1 geographic Township of Lanark, now in the Township of Lanark Highlands 8. CONFIDENTIAL REPORTS MOTION #LD-2017-27 MOVED BY: Dan Murphy SECONDED BY: Wayne Guthrie "That, Land Division Committee move "In Camera" at 9:00 a.m. to discuss a matter regarding "Solicitor-Client Privilege" and that the Secretary Treasurer remain in the room. ADOPTED MOTION #LD-2017-28 MOVED BY: Dan Murphy SECONDED BY: Wayne Guthrie "That, Land Division Committee return to regular session at 9:05 a.m. ADOPTED The Chair rose and reported that the Committee received verbal legal advice regarding Consent B15/118 – Gary and Mary Greer 9. COMMUNICATIONS/OTHER BUSINESS None 10. PROVISIONAL CONSENT GRANTED 10.1 B16/119 and B16/120 - Laurie Lee Morley - 2 lot 12 - 21 additions Land Division - 08 Aug 2017 Minutes Page 4 of 154 10.2 B17/007 and B17/008 - John A. Doraty and Linda M. 22 - 37 Stowe - 2 lot additions 10.3 B17/014 and B17/015 Barry Hayter and Tracy Nolan 38 - 48 - 2 new lots 10.4 B17/020 - Estate of Myrtle Carpenter - new lot 49 - 53 10.5 B17/024 - Estate of Phyllis Coleman - lot addition 54 - 61 10.6 B17/027 - Eddie McCabe - new lot 62 - 76 10.7 B17/028 - Gary Brown - new lot 77 - 84 10.8 B17/029 - Bradley Sheil - new lot 85 - 95 10.9 B17/030 - Harold and Jean Coleman - new lot 96 - 103 10.10 B17/031 - Fred and Joyce Ford - new lot 104 - 111 10.11 B17/032 - Paul Corrine Thompson - new lot 112 - 123 10.12 B17/037 - Roger Villeneuve and Sharon Forbes - 124 - 136 new lot 10.13 B17/039A - Mary Ann Somerton and Kathleen Paul - 137 lot addition 11. PROVISIONAL CONSENT DEFERRED None Land Division - 08 Aug 2017 Minutes Page 5 of 154 12. PROVISIONAL CONSENT DENIED 12.1 B15/118 - Gary and Mary Greer - New Lot 144 - 154 Pt. Lot 11 Pt. Park Lot 4 Conc. 3 Township of Beckwith. Richmond Road. 13. UPCOMING MEETINGS AND NOTICES Sept. 12, 2017 @ 9:00 a.m. Oct. 10, 2017 at 9:00 a.m. Nov. 21, 2017 at 9:00 a.m. Dec. 5, 2017 at 10:00 a.m. - Inaugural Meeting of County Council Dec. 12, 2017 at 9:00 a.m. OACA Fall Seminar - Oct.23 and 24, 2017 - Cobourg (new date) - The Secretary Treasurer was requested to register Dan Murphy and Wayne Guthrie. 14. ADJOURNMENT MOTION #LD-2017-27 MOVED BY: Wayne Guthrie SECONDED BY: Dan Murphy "THAT", the meeting do now adjourn at 11:55 a.m." ADOPTED Mary Kirkham Secretary-Treasurer Land Division - 08 Aug 2017 Minutes Page 6 of 154 MINUTES ITEM # 7.7.2 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Estate of Myrtle I Carpenter Hearing Date: June 13, 2017 Re-convened Date: Aug. 9, 2017 Applicant/Agent: John and Vivian Whalen / LDC File #: B17/020 Anderson Foss (Mary Foss) Municipality: Lanark Highlands Lot: 2/3 Conc.: 1 Geographic Township: Lanark Consent Type: New lot Roll Number: 0940 934 010 00700 Purpose and Effect: To sever a 2.02-ha residential lot with an existing dwelling at 315 Forbes Road, and to retain a 52.0-ha farm/residential lot with an existing residence and (a) MINUTES – June 13 2017 John and Vivian Whalen, applicants attended the hearing and gave evidence under oath. The committee questioned the location of the Carpenter Pit and whether or not the license on it is still active. Ms. Whalen advised that no material has been taken from the pit for a number of years, but is unaware of the status of the license. Ms. Whalen advised that the solicitor for the estate would be able to provide additional information. And therefore they would have no objection to deferring the hearing until this information was obtained. Moved by D. Murphy Seconded by W. Guthrie THAT, B17/020 Carpenter be deferred pending receipt of additional information regarding the status of the Carpenter Pit License and the ‘occupational’ lines shown on the application sketch.” CARRIED (b) ADDITIONAL INFORMATION Ms. Foss, Solicitor for the Estate advised that: 1. the little pit that shown adjacent to the south limit of the severance is not part of a standard gravel pit established under the Pits and Quarries Act. Kenny Poole (who did the field work) thinks that that small pit was just a location where someone at one time removed a little material; and, 2. The dotted line on the sketch represents the area where Robert Carpenter has items scattered about. G:\Consents\Staff Reports\2017 LDC Reports\B17-020, Carpenter - Reconvened.docx Page 1 of 5 Page 7 of 154 MINUTES ITEM # 7.7.2 The sketch below shows: 1/ Road to the “Carpenter Pit”; 2/ Pit Area – licensed; 3/ Area to be severed; and 4/ Small extraction area. The licenced pit area is approx. 270 m south of the southerly boundary lot line of the proposed consent. The Lanark Highlannds Official Plan provides that no ‘new’ development should occur within 300 m of a licenced pit without an ‘Impact Study”. G:\Consents\Staff Reports\2017 LDC Reports\B17-020, Carpenter - Reconvened.docx Page 2 of 5 Page 8 of 154 MINUTES ITEM # 7.7.2 The lot to be severed is already developed and any new development will be required to comply with the Official Plan Policies and Zoning By-law. It is recommended that an additional condition be included to acknowledge the existing ‘Carpenter Pit” – i.e. noise, dust etc. (c) MINUTES – August 8, 2017 No persons attended the re-convened hearing. Comments were received from agencies on the issues of taxes, entrance, civic addressing, agreement, etc. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. The conditions were revised to add the words ‘if required’ to Condition No. 10. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. (d) DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.
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