Township of Havelock-Belmont-Methuen Regular Council Meeting Agenda
Date: Monday, May 21, 2019
Place: Havelock-Belmont-Methuen Council Chamber 1 Ottawa Street East Havelock ON K0L 1Z0
Time: 5:00 p.m.
Call to Order
Mayor Martin will call the meeting to order. Moment of Silent Reflection
Mayor Martin will lead Council and staff in a moment of silent reflection.
Declaration of Pecuniary Interest and General Nature Thereof
No written Declarations of Pecuniary Interest were received prior to publication of the agenda. Minutes of Council Meetings
1. Regular Council Meeting – May 6, 2019
Public Meeting for Zoning By-law Amendments
NOTE: Declaration of Pecuniary Interest & General Nature Thereof Zoning By-law Amendment – Paul and Christina Beasley (Part Lot 15, Concession 7, 159 Fire Route 82D, Methuen Ward - Kasshabog Lake) The Township of Havelock-Belmont-Methuen is in receipt of an application for a Zoning By-law Amendment to amend the zoning of certain lands located in Part Lot 15, Concession 7, being 159 Fire Route 82D, in the Methuen Ward (Beasley).
The subject lands are currently zoned “Seasonal Residential (SR) Zone”.
The proposed zoning by-law amendment will change the zone to “Special District 222- Holding (S.D. 222-H) Zone” in order to permit the redevelopment of the lot in the form of
Regular Council Meeting - May 21, 2019 Page 1 of 159 Agenda – Regular Council Meeting May 21, 2019 Page 2 of 6 a single detached vacation dwelling inclusive of an attached garage and screened porch, as well as attached decks together with a new septic system and drilled well; while also introducing certain site specific regulations.
Regular Meeting Resumes
The By-law regarding the Zoning By-law Amendment may be considered at this time or later in the proceedings under the By-laws section of this meeting. Committee of Adjustment (Minor Variance Applications)
A-07-19, Minor Variance, Gary Kindree, Part Lot 16, Concession 6, 339 Fire Route 82, Methuen Ward (Kasshabog Lake)
PURPOSE and EFFECT: The purpose of this minor variance application is to seek relief from Section 4.10 (B) (ii) and Section 4.36 in order to permit development of the property in the form of a new addition to the existing dwelling, inclusive of additional habitable space as well as a garage and workshop; together with a new attached sunroom, having the following effects:
i Reducing the minimum required front yard setback for the addition from 21.3 metres (70 feet) as per Section 11.2.1(c) to 20.8 metres (68 feet) (19.1 metres or 63 feet existing); and
ii. Reducing the minimum required water yard setback for the addition from 30 metres (100 feet) as per Section 4.36 to 20.8 metres (68 feet) (19.1 metres or 63 feet existing);
iii. Reducing the minimum required front yard setback for the sunroom from 21.3 metres (70 feet) as per Section 11.2.1(c) to 20.9 metres (68 feet) (19.1 metres or 63 feet existing); and
iv. Reducing the minimum required water yard setback for the sunroom from 30 metres (100 feet) as per Section 4.36 to 20.9 metres (68 feet) (19.1 metres or 63 feet existing).
A-08-19, Minor Variance, Jane Bischoff and James Bischoff, Lot 11, Concession 8, 44 FR 98 – Methuen Ward (Kasshabog Lake)
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PURPOSE and EFFECT: The purpose of this minor variance application is to seek relief from Sections 4.36, 4.39 (d) and 11.2.2.1 to permit the construction of a new 29.7 square metre (320 square feet) bunkie (sleeping cabin) having the following effects:
1. Reducing the minimum required westerly and easterly water yard setbacks from 30 metres (100 feet) as per Section 4.36 to 17 metres (58 feet) and 20 metres (67 feet), respectively;
2. Reducing the minimum required westerly and easterly front yard setbacks from 70 feet as per Section 4.39 (d) to 17 metres (58 feet) and 20 metres (67 feet), respectively; and
3. Increasing the maximum floor area of all accessory buildings from 75% of the total floor area of the main building as per Section 11.2.2.1 to 90.5% (approximately 58.2% existing).
Regular Meeting Resumes
Planning Reports
1. Sonia Aaltonen, Planning Assistant Re: Removal of Holding Provision - 16 FR 83B-Methuen Ward, Methuen Lake
2. Sonia Aaltonen, Planning Assistant Re: Temporary Use Agreement
3. Darryl Tighe and Emma Drake, Planning Consultants Re: Second Units
4. Amanda Dougherty, Planning Consultant Re: Proposed Amendments to the Conservation Authorities Act
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Delegations and Presentations
(It is at this time anyone wishing to make a presentation to Council may do so. If you have requested to be on the agenda, you have 10 minutes to speak, if you are not on the agenda you have 5 minutes).
1. Amber Coupland, Senior Operations Manager Justin Cassidy, Operations and Maintenance Team Lead Ontario Clean Water Agency (OCWA) Re: Update of Follow-up Activities Regarding the Inflow and Infiltration Survey Report prepared by Flowmetrix; and Development of a New Cell for the Wastewater Treatment Facility.
Staff Reports
1. Wendelin Lonergan, Treasurer Re: Correction to Data Within City Wide Software System
2. Bob Angione, Clerk Re: By-law Enforcement Report – March 2019
3. Bob Angione, Clerk Re: Explanation of By-laws on This Meeting’s Agenda
Correspondence
043-19A Marmora Agricultural Society Re: Donation Request for Fall Fair
044-19A Ladies Golf League - Norwood Re: Request for Donation
045-19A Crohn’s and Colitis Canada Re: Request for Donation
046-19 Belmont Lake Cottagers’ Association Re: Invitation to Annual General Meeting – July 20, 2019
047-19 Ontario Provincial Police Re: New Legislation and ePost Mailing System
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048-19 Town of Hanover Re: Cuts to Library Services
049-19 Town of Mono Re: Ontario Municipal Partnership Fund
050-19 Health Canada Re: Illegal Marketing to Fire Departments
051-19 Canadian Pacific Re: Vegetation Control Program
052-19 County of Peterborough Re: Recognition Award Winners 2019
Committee Liaison Reports
1. Bob Angione, Clerk Re: Summary of Council Activities Submitted for this Council Meeting
Written or Oral Notice of Motion or Discussion
There were no written notices of motion submitted prior to publication of the agenda.
New Business
1. Ryan Andrew, Manager of Parks, Recreation and Facilities Re: Date for Presentation of Facilities Condition Assessment Report
2. Bob Angione, Clerk Re: Summary of New Business Items Submitted for this Council Meeting
By-Laws
1. A by-law to amend the Comprehensive Zoning By-law of the Township of Havelock-Belmont-Methuen in order to rezone the subject lands from “Seasonal Residential (SR) Zone” to “Special District 222-Holding (S.D. 222-H) Zone” in order to permit the redevelopment of the lot in the form of a single detached vacation dwelling inclusive of an attached garage and screened porch, as well as attached decks together with a new septic system and drilled well; while also introducing certain site specific regulations for certain lands located in Part Lot 15, Concession 7, 159 Fire Route 82D Methuen Ward (Kasshabog Lake) pursuant to an application by Trevor Day on behalf of property owners Paul and Christina Beasley.
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2. A by-law to amend By-law No. 2014-69 and By-law No. 1995-42, as amended, otherwise known as the "The Township of Havelock- Belmont-Methuen Comprehensive Zoning By-law" in order to remove a holding provision (H) on certain lands located in Part Lot 23, Concession 3, with municipal address of 16 FR 83B in the Methuen Ward, in the Township of Havelock-Belmont-Methuen.
3. A by-law to authorize a Temporary Use Agreement with Brent Lehman and Debra Lehman for the use of their existing single-family dwelling during the construction of the new single-family (34 Fire Route 87A).
4. A by-law to authorize an Environmental Mitigation Agreement with Irene Ramsperger as a condition of Consent Application No. B-12-18.
5. A by-law to authorize a Merger Agreement with 289253 Ontario Inc. and Christine Anne Babb and Lynda Babb as a condition of Consent Application B-50-18.
Closed Session
(Council adjourns at this time to discuss legal, property or personal issues, which cannot be discussed in public meeting due to their nature).
This Closed Session Council Meeting is held under authority of Section 239(2)(b) of the Municipal Act, 2001, S.O. 2001, c.25 for personal matters about an identifiable individual, including municipal or local board employees; and
Section 239(2)(e) of the Municipal Act, 2001, S.O. 2001, c.25 for litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and
Section 239(2)(i) of the Municipal Act, 2001, S.O. 2001, c.25 for (i) for a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization.
Confirming By-law
A by-law to confirm the proceedings of the Regular Meeting of the Council of the Township of Havelock-Belmont-Methuen held on May 21, 2019. Adjournment:
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A Regular Meeting of the Council of the Corporation of the Township of Havelock- Belmont-Methuen was held on May 6, 2019 at 9:30 a.m. in the Township of Havelock- Belmont-Methuen Council Chamber with Mayor Martin presiding.
Call to Order
Mayor Martin called the Regular meeting to order.
Moment of Silent Reflection
Mayor Martin asked everyone to please stand for a moment of silent reflection.
Disclosure of Pecuniary Interest
Mayor Martin reminded Council of the requirement to disclose any pecuniary interest and the general nature thereof if the occasion arises. Members in Attendance:
Council: Jim Martin, Mayor David Gerow, Deputy Mayor Larry Ellis, Councillor Barry Pomeroy, Councillor Hart Webb, Councillor
Staff: Brian Grattan, Deputy Chief Administrative Officer Bob Angione, Clerk Amber Atkinson, Corporate Services Analyst Sonia Aaltonen, Planning Assistant Ryan Andrew, Manager of Parks, Recreation and Facilities John Smallwood, Chief Building Official (CBO)
Regrets: Pat Kemp, Chief Administrative Officer (CAO)
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Municipal Solicitor: John Ewart, Ewart O’Dwyer Certified Specialist in Municipal Law (Local Government/Land Use Planning & Development)
Introduction of New Staff Members (Summer Students): Amber Atkinson, Corporate Services Analyst Re: Introduction of Summer Students
The Corporate Services Analyst introduced the following student employees: Administrative Assistant – Katherine Forestell – Starts Tuesday, May 21 Public Works Labourer – Clayton Mcilmoyle Parks & Recreation Labourers – Alexa Vanderhorst and Stephanie Soroka Waste Site Assistant – Madison Van Volkenburg – Started Friday, May 3 Library Assistant – Shelby Erwin – Start date to be determined
Addition to Closed Session Agenda:
Councillor Ellis requested that one item be added to the Closed Session Agenda of today’s Regular Council Meeting under authority of Section 239(2)(b) of the Municipal Act, 2001, S.O. 2001, c.25 for personal matters about an identifiable individual, including municipal or local board employees. Council supported the request.
Minutes:
R-317-19 Moved by Deputy Mayor Gerow Seconded by Councillor Pomeroy
That the minutes of the Regular Council Meeting held on April 15, 2019 be approved and adopted as presented. Carried Delegations and Presentations:
1. Everett English Ann Mittag Juanita Magill Re: Gate Closure – Cordova Lake Dam
R-318-19 Moved by Deputy Mayor Gerow Seconded by Councillor Pomeroy
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That staff is hereby authorized to contact the Ministry of Natural Resources and Forestry and Dave Smith, MPP for Peterborough-Kawartha to set up a meeting in an effort to resolve the issue of the gate closure at the Cordova Lake Dam. Carried
R-319-19 Moved by Councillor Webb Seconded by Councillor Ellis
That the delegation from Ann Mittag, Everett English, and Juanita Magill regarding the gate closure by the Ministry of Natural Resources and Forestry at the Cordova Lake Dam be received; and further
That the written summary of ratepayer concerns as distributed by Ann Mittag be received for information. Carried
2. Melissa Burns Re: Cordova Lake Trailer Park
R-320-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
That the delegation from Melissa Burns regarding the Cordova Lake Trailer Park be received for information. Carried
Mayor Martin addressed the public gallery and noted that anyone wishing to make an unscheduled presentation to Council may do so at this time. Unscheduled delegations are permitted to address Council for a maximum of five minutes.
Richard Wood requested that additional “No Parking” signs be installed on Mile of Memories Road.
R-321-19 Moved by Councillor Pomeroy Seconded by Councillor Webb
That the unscheduled delegation from Richard Wood requesting that additional “No Parking” signs be installed on Mile of Memories Road be received for information. Carried
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Staff Reports:
1. Ryan Andrew, Manager of Parks, Recreation and Facilities Re: Eighty Hour Pay Period R-322-19 Moved by Councillor Ellis Seconded by Deputy Mayor Gerow
That staff is hereby authorized to implement the eighty (80) hour pay period for the Parks, Recreation and Facilities Department. Carried
2. Ryan Andrew, Manager of Parks, Recreation and Facilities Re: Capital Budget Update R-323-19 Moved by Deputy Mayor Gerow Seconded by Councillor Ellis
That the Capital Budget update as prepared by the Manager of Parks, Recreation and Facilities be received for information. Carried
The Manager of Parks, Recreation and Facilities was excused from the Council Chamber at 10:12 a.m.
3. Wendelin Lonergan, Treasurer Re: Departmental Update
R-324-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
That the departmental update as prepared by the Treasurer be received for information. Carried
4. Bob Angione, Clerk Re: Explanation of By-laws on This Meeting’s Agenda R-325-19 Moved by Councillor Ellis Seconded by Councillor Pomeroy
That the report of the Clerk providing an explanation of by-laws on this meeting’s agenda be received for information. Carried
5. Pat Kemp, CAO Re: Surface Treatment Tender
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R-326-19 Moved by Councillor Ellis Seconded by Councillor Pomeroy
Whereas the Township participated in the County of Peterborough Tender for surface treatment; and
Whereas a list of draft projects was included in the tender document prior to final adoption of the 2019 Township Budget; and
Whereas only one project, North School Road, was included in the final 2019 budget as adopted by the Township of Havelock-Belmont-Methuen; and
Whereas the County of Peterborough is recommending that the Tender for surface treatment be awarded to Royel Paving as the low bidder for the sum total of all County projects combined; and
Whereas the bid from Miller Paving was $12,302 less than the bid from Royel Paving for the North School Road project in the Township of Havelock-Belmont-Methuen;
Be It Resolved That the Tender for Surface Treatment on North School Road in the Township of Havelock-Belmont-Methuen be awarded to Miller Paving as the lowest bidder and that the County of Peterborough and Miller be so informed. Carried
6. Pat Kemp, CAO Re: Approval of Policies – Respect in the Workplace and Fit for Duty R-327-19 Moved by Councillor Pomeroy Seconded by Councillor Ellis
That the approval for Policy #34 Respect in the Workplace (Violence and Harassment Policy and Procedure) and Policy #49 Fit for Duty (Alcohol and Drugs Policy) be deferred. Carried
7. Pat Kemp, CAO Re: Mathison Street Project R-328-19 Moved by Councillor Ellis Seconded by Councillor Pomeroy
That the report of the CAO providing an update regarding the costs for the Mathison Street project be received for information. Carried
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8. Pat Kemp, CAO Re: Public Works Departmental Update R-329-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
That the report of the CAO providing an update of activities for the Public Works Department be received for information. Carried
9. Pat Kemp, CAO Re: Conservation Authority Act Review R-330-19 Moved by Councillor Pomeroy Seconded by Councillor Ellis
That staff is hereby authorized to proceed with the submission of comments to the Ministry of the Environment, Conservation and Parks during the consultation period of April 5, 2019 to May 20, 2019 pertaining to the provincial government’s review of the Conservation Authorities Act; and further
That previous submissions from the Township to the Provincial Government regarding potential changes to the Conservation Authorities Act, including issues pertaining to the governance structure and funding of conservation authorities, be reviewed prior to the submitting comments during the current consultation period. Carried
Correspondence:
034-19A Havelock Belmont Public School Council Re: Request to Waive Licencing Fee for 50/50 Fundraiser
R-331-19 Moved by Councillor Webb Seconded by Councillor Ellis
That the request from the Havelock Belmont Public School Council to waive the licencing fee for the 50/50 fundraiser is approved. Carried
035-19A Havelock and District Snowmobile Club Re: Request to Waive Rental Fee
R-332-19 Moved by Deputy Mayor Gerow Seconded by Councillor Webb
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That the request from the Havelock and District Snowmobile Club to waive the two-hour arena rental fee pertaining to their 50th anniversary celebration held on February 2, 2019 be deferred; and
That representatives of the Havelock and District Snowmobile Club be invited to a future Council meeting to provide an update regarding the work that was done on the 7th Line Road by the snowmobile club. Carried
036-19A Jack Lake Association Re: Invitation to AGM – July 1, 2019
R-333-19 Moved by Councillor Webb Seconded by Councillor Pomeroy
That the invitation for the Mayor and Deputy Mayor to attend the Jack Lake Association Annual General Meeting be received for information. Carried
037-19A Debi Lehman Re: Request for Temporary Use Agreement
R-334-19 Moved by Councillor Ellis Seconded by Councillor Pomeroy
That the request from Debi Lehman for a Temporary Use Agreement be approved. Carried
The Planning Assistant was excused from the Council Chamber at 10:53 a.m.
038-19A Natalie Hebor Re: County Road 46 – Speed of Traffic
R-335-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
That correspondence from Natalie Hebor regarding the speed of traffic on County Road 46 be received for information. Carried
039-19 Kawartha Pine Ridge District School Board Re: Water Runoff from Havelock Public School
R-336-19 Moved by Councillor Webb Seconded by Councillor Pomeroy
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That correspondence from the Kawartha Pine Ridge District School Board regarding water runoff at Havelock-Belmont Public School be received for information; and further
That the Public Works Department is hereby authorized to inspect the storm-water catch basin located on the east side of the Havelock-Belmont-Methuen Community Centre adjacent to the school property, on an as-needed basis particularly during the fall season, and clean the storm-water catch basin of organic debris in order to permit the flow of water away from the neighbouring properties; and further
That the Principal of the Havelock-Belmont Public School be encouraged to have the appropriate Kawartha Pine Ridge District School Board staff monitor and clean the organic debris located on school property that may be impeding the water run-off. Carried
R-337-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
That the balance of the correspondence items be received for information. Carried
Committee Liaison Reports:
1. Bob Angione, Clerk Re: Summary of Council Activities Submitted for this Council Meeting R-338-19 Moved by Councillor Webb Seconded by Councillor Pomeroy
That the report of the Clerk providing a summary of Council activities, including Committee Liaison meetings, as submitted by Members of Council be received for information; and further
That the minutes of the Eastern Ontario Trails Alliance meeting dated March 14, 2019 as attached to the report of the Clerk be received for information. Carried
Written or Oral Notice of Motion or Discussion:
None.
New Business:
1. Bob Angione, Clerk Re: Summary of New Business Items Submitted for this Council Meeting
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R-339-19 Moved by Councillor Ellis Seconded by Councillor Webb
That the Treasurer is hereby authorized to develop a policy regarding personal use of corporate cell phones. Carried
R-340-19 Moved by Deputy Mayor Gerow Seconded by Councillor Ellis
That staff is hereby authorized to commence the process of reducing the speed limits on the following roadways: 1. Change speed limit to 60 km/hr on North School Road. 2. Change speed to 60 km/hr on Mile of Memories Road. 3. Change speed limit to 60 km/hr on North Belmont Concession 10. Currently speed limit not posted on any of these roads therefore defaulting to 80 km/hr. Carried
R-341-19 Moved by Councillor Pomeroy Seconded by Councillor Webb
That the CAO performance review process as presented by Mayor Martin is hereby approved for implementation. Carried
Councillor Pomeroy verbally raised the following items: • ATV riders driving irresponsibly on Ontario Street. • A garbage receptacle should be placed on hydro pole on Ontario Street. • The Township to proceed with the development of a new cell for the wastewater treatment facility in order to accommodate future development. • The Township should proceed with the replacement of the sanitary sewer on Concession Street between Manhole 115 and Manhole 116.
The Chief Building Official provided a brief verbal report regarding wastewater capacity and possible future development.
R-342-19 Moved by Councillor Pomeroy Seconded by Councillor Ellis
That staff is hereby authorized to commence the process with respect to the replacement of the sanitary sewer between Manhole #115 and Manhole #116 on Concession Street; and further
That representatives of the Ontario Clean Water Association be invited to a future Council Meeting in order to provide an update regarding follow-up activities associated
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R-343-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
That the report of the Clerk providing a summary of New Business and Other Business Items as submitted by Members of Council be received; and further
That follow-up action items be addressed by staff as directed by Council via resolution. Carried
By-Laws:
1. A by-law to appoint Hart Webb, Councillor – At Large, as an alternate member of the Council of the County of Peterborough.
R-344-19 Moved by Councillor Ellis Seconded by Councillor Pomeroy
That By-law 2019-047 being a by-law to appoint Hart Webb, Councillor – At Large, as an alternate member to the Council of the County of Peterborough, be read a first, second, and third time, and finally passed in Open Council on this 6th day of May, 2019. Carried
2. Consent Agreement with Larry Toms
R-345-19 Moved by Councillor Webb Seconded by Councillor Pomeroy
That By-law 2019-048 being a By-law to authorize a Consent Agreement with Larry Toms pertaining to the connection to municipal services further to the condition for granting of a consent by the Peterborough County Land Division Committee for Consent File Nos. B-124-17, B-125-17, and B-126-17 (5 Mary Street South); be read a first, second, and third time, and finally passed in Open Council on this 6th day of May, 2019. Carried
3. Re-convey Properties to Menzies Developers Inc.
R-346-19 Moved by Councillor Pomeroy Seconded by Deputy Mayor Gerow
That By-law 2019-049 being a By-law to provide for the acquisition of Part of Lot 6, Concession 9, geographic Township of Belmont, designated as parts 1 to 7 inclusive on plan 45R16540, Township of Havelock-Belmont-Methuen, County of Peterborough by
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Menzies Developers Inc.; be read a first, second, and third time, and finally passed in Open Council on this 6th day of May, 2019. Carried
Recess:
R-347-19 Moved by Councillor Webb Seconded by Councillor Pomeroy
That the meeting be recessed at 11:33 a.m. Carried
R-348-19 Moved by Councillor Webb Seconded by Councillor Pomeroy
That the meeting resume at 11:45 a.m. and that the rules of procedure be suspended in and curfew for the meeting be extended beyond 12:30 p.m. if required in order to complete the business as listed on the agenda. Carried
Closed Session:
R-349-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
That the meeting moves in to Closed Session at 11:45 a.m. under authority of Section 239(2)(e) of the Municipal Act, 2001, S.O. 2001, c.25 for litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and
Section 239(2)(b) of the Municipal Act, 2001, S.O. 2001, c.25 for personal matters about an identifiable individual, including municipal or local board employees. Carried
R-350-19 Moved by Councillor Webb Seconded by Councillor Ellis
That the meeting rise from Closed Session at 1:14 p.m. Carried
Business Arising from Closed Session:
The following items were dealt with in the Closed Session Council Meeting. 1. The minutes of the Closed Session Council Meeting held on April 15, 2019 were approved and adopted as presented.
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2. Personal matters about an identifiable individual, including municipal or local board employees (1 item). 3. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. (3 items).
R-351-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
Whereas Resolution CS-028-19 directing the Planning Consultant and the Chief Building Official to investigate all available information pertaining to property located at 414 Anderson Road (Nature’s Point on Round Lake Inc.) in order to determine the number of pre-existing trailer sites for the subject property was passed by Council in Closed Session on March 7, 2019; and
Whereas the report of the Planning Consultant was presented to Council in Closed Session on May 6, 2019; and
Whereas the Council direction arising from the report of the Planning Consultant was initially provided in Closed Session and subsequently confirmed in Open Session on May 6, 2019; Be It Resolved That the Council of the Township of Havelock-Belmont-Methuen acknowledges that a maximum of twelve (12) trailer sites existed prior to the date of passing of the Township’s Comprehensive Zoning By-law (1995), together with the six cabins and respective docks; and further That all requisite permits, regulations, and by-laws shall be adhered to by the property owners; and further That the configuration consisting of twelve (12) trailer sites together with the six cabins and respective docks is therefore considered to be a legal non-conforming use for the subject property; and further In the event that the operator/owner wishes to operate more than twelve (12) sites the requisite planning approvals will be required; and further
That the Municipal Solicitor is hereby directed to communicate this decision of Council to the solicitor for the proponent. Carried
R-352-19 Moved by Deputy Mayor Gerow Seconded by Councillor Webb
That staff is hereby authorized to develop a hiring policy for the recruitment and hiring of part-time, temporary contract labour positions. Carried
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Confirming By-Law:
R-353-19 Moved by Councillor Webb Seconded by Deputy Mayor Gerow
That By-law 2019-050, being a By-law to confirm the proceedings of the meeting of the Council of the Corporation of the Township of Havelock-Belmont-Methuen held on the 6th day of May, 2019, be read a first, second and third time and finally passed in Open Council this 6th day of May, 2019. Carried
Adjournment:
R-354-19 Moved by Councillor Pomeroy Seconded by Councillor Ellis
That this meeting adjourns at 1:16 p.m. Carried
Jim Martin, Mayor
Robert V. Angione, Clerk
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TOWNSHIP OF HAVELOCK-BELMONT-METHUEN
To: The Mayor and Members of Council
Prepared By: Amanda Dougherty, Planner
Approved By: Darryl Tighe, Township Planning Consultant
Meeting Date: May 21, 2019
Subject: Application to Amend Township of Havelock-Belmont-Methuen Comprehensive Zoning By-law 1995-42 (AS AMENDED). Paul and Christina Beasley, Part Lot 15, Concession 7, having municipal address 159 Fire Route 82D - Methuen Ward (Kasshabog Lake).
PURPOSE and EFFECT:
The purpose and effect of this report is to present for the consideration and requisite approval of Council, an application to amend Comprehensive Zoning By-law No. 1995-42 (as amended) in order to change the zone category on the subject property to permit the redevelopment of the lot in the form of a single detached vacation dwelling inclusive of an attached garage, screened porch and both rear and lakeside decks, together with a new septic system and well; while also introducing certain site-specific regulations.
RECOMMENDATION:
• That subject to any new information or public comments received prior to or at the statutory public meeting, the draft by-law be passed as presented;
• That Council direct the Township Solicitor to proceed with the preparation and execution of a development agreement, inclusive of financial securities, between the Owner and the Municipality, the cost of which will be borne by the property owner; and
• That the balance of this report be received.
1
Regular Council Meeting - May 21, 2019 Page 20 of 159 BACKGROUND:
The owners (Beasley) of 159 Fire Route 82D recently acquired the property in August 2018. The cottage existing at the time of purchase however was previously built within the 66-foot Crown shoreline road allowance; which continues to be controlled by the Ministry of Natural Resources and Forestry (MNRF). The property owners are currently pursuing the purchase of the subject Crown lands.
In the intervening time, an application has been submitted with the Township of Havelock-Belmont-Methuen in order to amend the Township’s Comprehensive Zoning By-law No. 1995-42, as amended.
The purpose of this application is to rezone the subject property while also introducing certain site-specific regulations to permit the redevelopment of the lot. As proposed the development will consist of replacing the existing cottage with a new single detached vacation dwelling inclusive of an attached garage, screened porch and two decks; together with installing a new septic system and well.
Owners: Paul and Christina Beasley
Applicant: Trevor Day
Property Description: Part Lot 15, Concession 7, 159 Fire Route 82D Methuen Ward (Kasshabog Lake) 1531 010 009 07700
Type of Planning Approval: Planning Act, Section 34
Site Visit Date: April 28, 2019
Appendix: Public Meeting Notice GIS Mapping Site Plan Building Elevations Property Photos Agency Comments Proposed Zoning By-law Amendment
Other Planning Applications: None
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Regular Council Meeting - May 21, 2019 Page 21 of 159
Description of Property and Surrounding Lands
The subject property comprises a total lot area of approximately 0.97 acres (0.39 hectares). Access to the property is provided by Fire Route 82D. As the Beasleys do not presently own the 66-foot shoreline allowance and the property also fronts on a private road, the property does not provide for any lot frontage as defined in the Township’s Zoning By-law.
Following any successful purchase of the Crown lands, the property would gain approximately 0.33 acres (0.13 hectares), thereby providing for a total lot area of 1.3 acres (0.52 hectares). The lot would also provide for approximately 235.4 feet (71.75 metres) of linear shoreline on Kasshabog Lake.
The Crown lands are currently occupied by a 327 ft2 (30.4 m2), one-storey detached vacation dwelling with an attached 105 ft2 (9.75 m2) lakeside deck. Existing setbacks from the high-water mark are approximately 52.75 feet (16.1 metres) to the cottage, and approximately 49.33 feet (15.03 metres) to the attached waterfront deck. The cottage is currently serviced by an outhouse, with water supply provided via an intake from Kasshabog Lake.
The only structure currently existing on the Beasley property is a 51 ft2 (4.7 m2) shed, which has a setback of 75.2 feet (22.9 metres) from the shoreline of Kasshabog Lake.
Neighbouring properties are of variable size and configuration. The property maintains a reasonable degree of mature tree cover over its entirety.
History of Use
The current owners acquired the property in August of 2018. According to application information, the land was developed as a seasonal residential property circa 1970.
Proposed Redevelopment
The applicant is requesting permission to redevelop the property which would consist of constructing a new two-storey cottage inclusive of an attached garage, having a ground floor area of 1,808 ft2 (168 m2). The application is also requesting permission to construct a 197 ft2 (18.3 m2) screened porch and 657 ft2 (61.01 m2) covered deck on the waterfront side of the cottage; together with a 54 ft2 (5.02 m2) covered deck at the rear
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Regular Council Meeting - May 21, 2019 Page 22 of 159 of the cottage. The development will also include the installation of a new septic system and a well.
If approved, the water yard setback would be increased to 83.58 feet (25 metres) for the cottage and 72.08 feet (21.96 metres) for the waterfront deck. As proposed, the screened porch would have a setback of 98.42 feet (29.5) from the shoreline of Kasshabog Lake. The proposed rear deck will exceed the minimum required 30 metre shoreline setback.
The proposed septic system will also exceed the 30 metres setback from the shoreline and will not require any special provisions. No planning approvals are required for the proposed well.
The existing one-storey cottage is to be demolished. The existing shed is to remain. There are no plans to construct any new outbuildings at this time.
The total proposed lot coverage, inclusive of the Crown lands, would result in an increase from 0.8% to 4.7%.
PLANNING DISCUSSION:
Provincial Policy Statement (PPS) and Growth Plan for the Greater Golden Horseshoe
Both the Provincial Policy Statement (2014) and Growth Plan (2017) recognize resource-based and residential development in rural areas; inclusive of waterfront recreation residential development.
The Provincial Policy Statement (PPS) also emphasizes the protection of surface water features, which in this case would apply to Kasshabog Lake together with a small unevaluated wetland which traverses the northwest corner of the property.
Section 4.2 of the Growth Plan provides direction for protecting what is valuable such as key hydrologic features and key natural heritage features. The plan further specifies policy directives for development outside of settlement areas which are within or adjacent to key hydrologic features. Development or site alteration is not permitted within the 30-metre vegetative protection zone with certain exceptions provided for in Section 4.2.3.1 and 4.2.4.5 of the Growth Plan.
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Regular Council Meeting - May 21, 2019 Page 23 of 159 From a professional planning perspective, policies of the Growth Plan do not generally contemplate proposals for a dwelling/cottage rebuild. In any event the proposed development represents a substantial increase to the setback of Kasshabog Lake; and would maintain approximately a 64-metre setback from the wetland, exceeding the minimum 30 metre vegetation buffer. As such, it is our opinion that the subject application does not conflict with the Growth Plan or Provincial Policy Statement.
County of Peterborough Official Plan
According to the County of Peterborough Official Plan, the subject lands are designated “Shoreland Areas and the Waterfront”. Policies of the County Official Plan permit residential land uses within the Shoreland area.
In summary, policies of the plan emphasize enhanced setbacks from the shoreline, the preservation/restoration of vegetation/trees within the water yard setback, and overall maintenance of the shoreline character. Corresponding objectives include 'ensuring that the built form along the shoreline is not overly concentrated or dominating to the detriment of the natural form'.
The shoreline character is to reflect a combination of natural and built form; intending to recognize a balance between human and leisure/recreational activity, and environmental conservation. Wherever possible, development is encouraged to enhance and protect those qualities which contribute to the area's character.
The application presently before Council would, if approved, permit development of the lot in a form which has become established over its past historical use. Although the proposal will increase the mass of the built form on the property the application, if approved, would represent a considerable improvement to the setback from the high- water mark of Kasshabog Lake.
From a professional planning perspective, by virtue of the existing cottage having been constructed on Crown land, the balance and harmony directed by the policies of the Official Plan does not presently exist. However, approval of the subject application would serve to establish that balance.
In our opinion, the application therefore does not offend any policies of the County’s Official Plan.
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Regular Council Meeting - May 21, 2019 Page 24 of 159 Township of Havelock-Belmont-Methuen Official Plan
According to the Official Plan of the Township of Havelock-Belmont-Methuen, the subject lands are designated “Shoreline”.
‘Shoreline’ uses/development are governed by policies provided in Section 3.3. Residential uses of both a permanent and recreational (cottage) nature are permitted within this designation.
The Plan directs that the shoreline area and its unique physical and environmental attributes are to be protected; while also recognizing the contribution of the shoreline area to leisure and recreation, as well as economic benefits resulting from tourism and recreational property development. More specifically, the Township’s Official Plan promotes low density shoreline development, enhanced water yard setbacks, and maintenance of existing vegetation/tree cover.
As proposed, vegetation along the shoreline is expected to be maintained. Further, the existing water/front yard setback will be increased from 52.75 feet (16.1 metres) to 83.58 feet (25 metres) for the cottage and from approximately 49.33 feet (15.03 metres) to 72.08 feet (21.96 metres) for the waterfront deck. The setback to the proposed screened porch would only marginally be reduced at approximately 98.42 feet (29.5 metres).
According to the Township’s Official Plan, a fish spawning area has been identified nearby to the subject property. In accordance with Official Plan policy, development is not permitted within 30 metres of fish spawning areas without the completion of an Environmental Impact Study (EIS). The proposed development being beyond the 30- metre setback from the fish spawning area however conforms to Official Plan policy and an EIS will not be required.
The planned layout and location of the new dwelling is appropriate as alternatives would require the removal of a significant number of mature trees whereas the proposed location is largely clear of vegetation; and the location otherwise represents a significant increase to the existing shoreline setback.
In our planning opinion, the application meets the spirit and intent of the Township’s Official Plan.
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Regular Council Meeting - May 21, 2019 Page 25 of 159 Township of Havelock-Belmont-Methuen Comprehensive Zoning By-law No. 1995-42 (as amended)
According to Schedule ‘A2' of the Township’s Comprehensive Zoning By-law No. 1995- 42 (as amended) the subject property is currently zoned ‘Seasonal Residential (SR) Zone’ in its entirety.
If approved, the water and front yard setbacks will represent an increase over the existing setbacks. As proposed the water/front yard setbacks to the dwelling and attached waterfront deck will be 83.58 feet (25 metres) and 72.08 feet (21.96 metres), respectively.
As the property does not have lot frontage as defined by the Township’s Zoning By-law and by virtue of the deficiency in the existing water/front yard setbacks the use is deemed to be ‘legal non-complying’; and development is unable to meet the requirements of the 'SR' Zone. Accordingly, the proposed by-law includes a provision, which for the purposes of this property, deems the shoreline road allowance to be the front lot line.
As proposed, the new dwelling will increase in height from 20 feet (6.1 metres) to 28.67 feet (8.7 metres); but otherwise does not exceed the development standards of the ‘Seasonal Residential (SR) Zone’ (i.e. 30 feet or 9 metres). Given the significant increase in the setback to the shoreline, together with existing mature tree cover, the increase in height is not anticipated to result in environmental or visual impacts.
As proposed, the lot coverage will be 4.7%, which does not exceed the maximum allowable 15% lot coverage of the ‘Seasonal Residential (SR) Zone’.
Accordingly, the proposed by-law which is being submitted for Council’s consideration will amend the zoning on the property to ‘Special District 222 (S.D. 222) Zone’; and includes site specific setbacks and other provisions intended to legally recognize reduced water yard setbacks for the proposed dwelling, attached waterfront deck and screened porch.
Following the construction of the proposed dwelling, the property owners will be required to remove the existing cottage in order to prevent future contraventions of the Zoning By-law; in terms of two (2) dwellings being located on one lot. If approved, and as directed by Council, the Township Solicitor will proceed to prepare the necessary agreement, inclusive of financial securities. A holding provision (H) will therefore be
7
Regular Council Meeting - May 21, 2019 Page 26 of 159 placed on the amended zoning; to only be removed at such time as the agreement has been executed.
Following our review and assessment of this application within the context of relevant land use planning policies; it is our opinion that the subject application conforms to the Growth Plan, County of Peterborough Official Plan, Township of Havelock-Belmont- Methuen Official Plan and is consistent with the Provincial Policy Statement.
COMMENTS:
Staff Comments:
The initial application as submitted was for a one-storey 2,243 ft2 (208 m2) cottage design with walkout basement. The cottage was proposed to be setback approximately 20 metres to the shoreline; and 20.5 metres from the shoreline to the waterfront deck. The design represented an increase in height from 20 feet (6.1 metres) as existing, to 22.5 feet (6.9 metres).
Due to the presence of a rock outcrop located in the area originally proposed for the cottage, the application was subsequently amended on May 6, 2019. The revisions to the proposed development resulted in an increased proposed height of 28.67 feet (8.7 metres), as presented in the report above. In our opinion the revisions to the initial application are considered appropriate due to the topographical constraints and otherwise served to decrease the proposed footprint of the cottage together with further increasing the setbacks to the shoreline.
Agency Comments:
Peterborough Public Health Unit (PPHU) and Enbridge each provided comments which indicated no concerns with the application. A permit for the septic system has already been obtained from PPHU.
Public Comments:
None received at the time of report preparation.
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Regular Council Meeting - May 21, 2019 Page 27 of 159 FINANCIAL IMPACT:
There are no financial impacts unless Council's consideration respecting the approval or refusal of the requested amendment is appealed to the Local Planning Appeal Tribunal. In the event of an appeal, there could be costs, some of which may be recovered from the applicant.
Costs associated with the preparation and/or execution of the required agreement, inclusive of financial securities, will be borne by the property owner.
Submitted by:
______Amanda Dougherty, B.A, Darryl J. Tighe, M.Sc., RPP, Planner Director of Planning Landmark Associates Limited Landmark Associates Limited
Appendix A: Public Meeting Notice Appendix B: GIS Mapping Appendix C: Site Plan Appendix D: Building Elevations Appendix E: Property Photos Appendix F: Agency Comments Appendix G: Proposed Zoning By-law Amendment
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Regular Council Meeting - May 21, 2019 Page 28 of 159
Township of HAVELOCK-BELMONT-METHUEN www.hbmtwp.ca INC. 1998
NOTICE OF COMPLETE APPLICATION AND A PUBLIC MEETING CONCERNING A ZONING BY-LAW AMENDMENT
TAKE NOTICE that the Council of the Corporation of the Township of Havelock-Belmont- Methuen will hold a public meeting on May 21st, 2019 at 5:00 p.m. in the Municipal Office of the Township of Havelock-Belmont-Methuen at the corner of Highway 7 (Ottawa Street) and Oak Street in Havelock to consider a proposed Zoning By-law Amendment under Section 34 of The Planning Act, R.S.O., 1990, as amended.
The Township of Havelock-Belmont-Methuen is in receipt of an application for a Zoning By-law Amendment for certain lands located in Part Lot 15, Concession 7, being 159 Fire Route 82D in the Methuen Ward (Kasshabog Lake).
As required under subsection 34 (10.4), Council of the Township of Havelock-Belmont-Methuen has deemed this application to be “Complete”.
The subject lands are currently zoned “Seasonal Residential (SR) Zone”. The proposed zoning by-law amendment will change the zone category to "Special District 222-Holding (S.D. 222-H) Zone” in order to permit the development of the lot in the form of a new single detached vacation dwelling, together with attached decks, a new septic system and drilled well; while also introducing certain site-specific regulations.
A KEY MAP showing the lands to which this Amendment applies is provided on reverse side.
ANY PERSON may attend the public meeting and/or make verbal or written representation either in support of or in opposition to the proposed Amendment. Written submissions in respect of the proposed Amendment should be directed to the Clerk of the Township of Havelock- Belmont-Methuen.
If a person or public body would otherwise have an ability to appeal the decision of the Council of the Corporation of the Township of Havelock-Belmont-Methuen to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Havelock-Belmont-Methuen before the by-law is passed, the person or public body is not entitled to appeal the decision.
If a person or public body does not make an oral submission at the public meeting, or make written submissions to the Township of Havelock-Belmont-Methuen before the proposed zoning by-law amendment is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.
(over)
PO Box 10, 1 Ottawa St. E., Havelock, ON K0L 1Z0 P: 705.778.2308 or 1.877.767.2795Regular Council I F: Meeting 705.778.5248 - May 21, 2019 I E: [email protected] 29 of 159 NOTIFICATION:
ANYONE wishing to be notified of Council’s decision in respect of the proposed Zoning By-law Amendment must file a written request with the Clerk of the Township of Havelock-Belmont- Methuen.
ADDITIONAL INFORMATION:
Complete copies of the proposed Zoning By-law Amendment are available for inspection by the public as of the date of this notice at either the municipal offices during regular business hours (8:30 a.m. to 4:30 p.m.); or by going to the Township’s website at www.hbmtwp.ca.
DATED at the Township of Havelock-Belmont-Methuen this 30th day of April 2019.
Mr. Robert Angione, M.P.A., B. Admin, Municipal Clerk Township of Havelock-Belmont-Methuen P.O. Box 10, 1 Ottawa Street East Havelock, ON K0L 1Z0 (705) 778-2308 (705) 778-5248 (fax)
Regular Council Meeting - May 21, 2019 Page 30 of 159 Beasley - 159 FR 82D
Legend Roads < 50,000 PRIV ; Private; PRIV
City Arterial
City Collector and Local
City Owned Unclassified
Provincial
County
Township
Water Access Only Outside Roads < 50,000 Major Roads
Local Roads First Nations Parcel Fabric Parcel First Nations - Canada Lands Rivers Intermittent
Permanent Clean Water Act Policies Apply Provincially Significant Wetlands Lakes - Local Scale Municipal Boundary - Upper Tier
COUNTY OF PETERBOROUGH
1: 12,181 Notes
618.8 0 309.40 618.8 Meters This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be North_American_1983_CSRS_UTM_Zone_17N accurate, current, or otherwise reliable. © Latitude Geographics Group Ltd. Regular Council Meeting - May 21, 2019THIS MAP IS NOT TO BE USED FOR NAVIGATION Page 31 of 159 TREVOR DAY & ASSOCIATES PLAN - DESIGN - BUILD
BCIN 101814 15 GEORGE ST WEST HAVELOCK, ONTARIO, CANADA, KOL 1Z0 705-778-3291
PROJECT # 894 ISSUED 3-MAY-19 REVISED FILE NAME beasely_cottage.dwg
DRAWN BY: M.T. CHECKED BY: TREVOR DAY 64'-2" BCIN 32144 [19.559M] I HAVE REVIEWED & TAKE RESPONSIBILITY FOR THIS DESIGN
314'-6" LINE OF CROWN LAND [95.859M] CROWN LAND CLIENT
EXISTING PAUL BEASELY SHED 250'-4" 51 SQ.FT. [24.116M] 79'-1" [76.300M]
[20.230M] 66'-4" KASSHABOG
SEPTIC SYSTEM LAKE NO. REVISION DATE BY
[37.731M] CROWN MARK WATER HIGH 17' MIN. AWAY FROM 123'-9" STRUCTURES LAND [26.390M] 34'-9" [10.581M] 86'-7"
[8.534M] 28'-0"
[35.665M] 117'-0" 6'-1" [24.863M] [1.864M] 75'-2" 81'-7" [7.328M]24'-0" [22.902M]
[29.476M] 8'-4" [37.596M] 123'-4" 262.17 GEODETIC 96'-8" EXIST. SHED [2.550M] FLOOD CONTOUR 239'-9" [73.077M] 211'-7" [64.494M] FRAME COTTAGE 34'-0" 12'-0" DOOR SILL ELEV. 263.06M 327 SQ.FT. [10.359M] [3.667M] TO BE DEMOLISHED 289'-2" 309'-2" 52'-9" [88.136M] [94.239M] EXIST. COTTAGE EXIST. DECK [16.078M] EXISTING DECK 20'-1" 6'-4" ELEV. 262.98M [6.122M] [1.935M] 105 SQ.FT. TO BE DEMOLISHED FIRE ROUTE 82D EDGE OF TRAVELLED ROAD CROWN [16.370M]
53'-9" LAND 246'-4" STEPS [75.090M] COV. PROPOSED DECK COTTAGE
PROP. 16'-8" COVERED [5.079M]
119'-0" DECK 49'-4"
EDGE OF TRAVELLED ROAD [36.278M] [15.030M]
60'-9"
[18.520M]
STEPS 60'-6"
20'-0" [18.435M] [6.096M] 98'-5" [30.002M]
FLOOD CONTOUR
61'-0"
GRAVEL DRIVEWAY [18.601M] BELL BOX
26'-10"
[8.189M]
PROPOSED OVERHEAD DRILLED WELL UTILITIES HYDRO POLE
9'-11" HYDRO POLE [3.014M]
OVERHEAD UTILITIES
288'-10" 72'-1" [88.028M] [21.963M] 360'-10" [109.991M]
SITE AREA: 57478 FT² SITE AREA: 57478 FT² A SITE PLAN EXISTING COTTAGE AREA: 327 FT² PROPOSED COTTAGE AREA: 1800 FT² 6 SCALE : 1" = 20'-0" EXISTING DECK AREA: 105FT² PROPOSED FRONT COVERED DECK AREA: 657FT² EXISTING SHED AREA: 51FT² PROPOSED FRONT SCREENED DECK AREA: 197FT² PROPOSED REAR COVERED DECK AREA: 54FT² LOT COVERAGE: .8% #159 FIRE ROUTE 83D, KASSHABOG LAKE LOT COVERAGE: 4.7% SHEET CONTENTS PROJECT BEASELY COTTAGE #159 FIRE ROUTE 82D HAVELOCK - KASSHABOG LAKE SITE PLAN
SCALE AS NOTED
SHEET NO. 6 OF 6
Regular Council Meeting - May 21, 2019 Page 32 of 159 TREVOR DAY & ASSOCIATES 62'-0" PLAN - DESIGN - BUILD 1 1 1 3 3 1 1 1 4'-72" 3'-62" 3'-62" 8'-34" 8'-34" 3'-62" 3'-62" 4'-72" 22'-0" BCIN 101814 15 GEORGE ST WEST 2'-0" 1 HAVELOCK, ONTARIO, 53'-82" 3'-7" CANADA, KOL 1Z0 705-778-3291
PROJECT # 894 ISSUED 3-MAY-19 36" HIGH GUARD REVISED FILE NAME beasely_cottage.dwg
DRAWN BY: M.T. COVERED CHECKED BY: TREVOR DAY WOOD DECK BCIN 32144 12'-0" 12'-0" I HAVE REVIEWED & TAKE RESPONSIBILITY DECK BOARDS DN 4 5 FOR THIS DESIGN 9R
32X80 CLIENT 72X80 DW PAUL BEASELY 1 10'-42" 13'-0"
KITCHEN 32X80 LIVING AREA SCREENED
DINING PORCH 12'-4" NO. REVISION DATE BY 4" 1 AREA 14'-4" 6'-0" F/P 16'-8" 17'-3
1 3'-0" 15'-62" 1 2" REF. 22'-0" 36X80 2'-5 9'-1" GARAGE 1 15'-82" 7'-4"
PWD RM 32'-4" 4'-6" 34'-0" 1 2"
32X80 30X80 7'-6 1 2" MEDIA " 1 ROOM 2
8'-2 STORAGE LINE OF 19'-1" 4'-11 SECOND FLR
30X80 " 1 2 30X80 16'-1
32X80DN 3R
UP 10'-0" 15R LAUNDRY 4" 1
ENTRY 8'-5" " 1 2 8'-6
5'-7 8'X7' ROLL-UP DOOR 8'X7' ROLL-UP DOOR DRY WASH 1 13'-12" 36X807'-4" 1'-8"
COVERED DECK 6'-0"
DN 5R
1 3 1 1 1 1 1 4'-72" 7'-04" 2'-02" 2'-32" 7'-72" 4'-8" 3'-74" 4'-72" 5'-10" 10'-4" 5'-10"
9'-0" 1 3'-52" 40'-0" 22'-0"
A MAIN FLOOR PLAN HOUSE AREA: 1235 SQ.FT. 1 1 SCALE : 4" = 1'-0" SECOND FLOOR: 1325 SQ.FT. GARAGE AREA: 565 SQ.FT. COVERED DECK: 54 SQ.FT. SHEET CONTENTS PROJECT COVERED DECK (WATER SIDE): 657 SQ.FT. BEASELY COTTAGE #159 FIRE ROUTE 82D HAVELOCK - KASSHABOG LAKE MAIN FLOOR PLAN SCREENED PORCH: 197 SQ.FT. SCALE AS NOTED
SHEET NO. 1 OF 6
Regular Council Meeting - May 21, 2019 Page 33 of 159 RIDGE 12 8 TREVOR DAY & ASSOCIATES PLAN - DESIGN - BUILD STANDING SEAM MEAN HEIGHT FROM METAL ROOF BCIN 101814 SOFFIT TO RIDGE 15 GEORGE ST WEST HAVELOCK, ONTARIO, CANADA, KOL 1Z0 PAINTED GALVALUME 705-778-3291 FASCIA TRIM T/O SECOND FLOOR WALL PROJECT # 894 ISSUED 3-MAY-19 REVISED 12 FILE NAME beasely_cottage.dwg 8 8'-0" DRAWN BY: M.T. 12 CHECKED BY: TREVOR DAY 4" 3 2 1 2" BCIN 32144 T/O SECOND FLOOR I HAVE REVIEWED & 1'-0 33'-5 TAKE RESPONSIBILITY 4" 1 T/O FIRST FLOOR WALL FOR THIS DESIGN 28'-7
CLIENT 8'-0" PAUL BEASELY
T/O FIRST FLOOR 1'-2" T/O FND WALL
NO. REVISION DATE BY 4" 3 5'-6
AVERAGE GRADE @ FRONT
A FRONT ELEVATION RAILINGS REMOVED 1 4 SCALE : 4" = 1'-0" FOR CLAIRITY
12 6
12 6 CEDAR SHAKE 12 2 SHEET CONTENTS PROJECT BEASELY COTTAGE #159 FIRE ROUTE 82D HAVELOCK - KASSHABOG LAKE ELEVATIONS
B RIGHT SIDE ELEVATION SCALE 4 1 SCALE : 4" = 1'-0" AS NOTED
SHEET NO. 4 OF 6
Regular Council Meeting - May 21, 2019 Page 34 of 159 RIDGE 12 TREVOR DAY 8 & ASSOCIATES PLAN - DESIGN - BUILD CEDAR SHAKE BCIN 101814 MEAN HEIGHT FROM STANDING SEAM 15 GEORGE ST WEST SOFFIT TO RIDGE PRE-FINISHED METAL ROOF MAIBEC WOOD SIDING HAVELOCK, ONTARIO, CANADA, KOL 1Z0 PAINTED GALVALUME 705-778-3291 FASCIA TRIM PROJECT # 894 T/O SECOND FLOOR WALL ISSUED 3-MAY-19 REVISED FILE NAME beasely_cottage.dwg 12 8 DRAWN BY: M.T. 8'-0" 4" 3 CHECKED BY: TREVOR DAY BCIN 32144 30'-1 1 2" 4" 1 I HAVE REVIEWED & T/O SECOND FLOOR TAKE RESPONSIBILITY 1'-0 T/O FIRST FLOOR WALL FOR THIS DESIGN 25'-3
CLIENT CEDAR SHAKE
8'-0" PAUL BEASELY
T/O FIRST FLOOR 1'-2" T/O FND WALL NO. REVISION DATE BY
2'-3" GRADE @ REAR 5'-4" A REAR ELEVATION T/O BASEMENT SLAB 0'-9" 5 1 B/O FOOTING SCALE : 4" = 1'-0"
12 6
CEDAR SHAKE
B LEFT SIDE ELEVATION 5 1
SCALE : " = 1'-0" SHEET CONTENTS PROJECT 4 BEASELY COTTAGE #159 FIRE ROUTE 82D HAVELOCK - KASSHABOG LAKE ELEVATIONS
SCALE AS NOTED
SHEET NO. 5 OF 6
Regular Council Meeting - May 21, 2019 Page 35 of 159 Regular Council Meeting - May 21, 2019 Page 36 of 159 Regular Council Meeting - May 21, 2019 Page 37 of 159 Regular Council Meeting - May 21, 2019 Page 38 of 159 Enbridge Gas Inc. 500 Consumers Road North York, Ontario M2J 1P8 Canada
May 6, 2019
Bob Angione, M.P.A., B.Admin. Clerk Township of Havelock-Belmont-Methuen P.O Box 10, 1 Ottawa Street East Havelock, ON K0L 1Z0
Dear Bob,
Re: Zoning By-law Amendment 159 Fire Route 82D Part Lot 15, Concession 7 Township of Havelock-Belmont-Methuen File No.: 159 Fire Route 82D
Enbridge Gas Inc. does not object to the proposed application(s).
Enbridge Gas Inc. reserves the right to amend or remove development conditions.
Sincerely,
Casey O’Neil Sr Analyst Municipal Planning Long Range Network Analysis —
ENBRIDGE GAS INC. TEL: 416-495-5180 500 Consumers Rd. North York, Ontario, M2J 1P8
enbridge.com Safety. Integrity. Respect.
Regular Council Meeting - May 21, 2019 Page 39 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN
To: Chairman and Members of Committee of Adjustment
Prepared By: Sonia Aaltonen, Planning Assistant
Approved By: Darryl Tighe, Township Planning Consultant
Meeting Date: May 21, 2019
Subject: A-07-19, Minor Variance, Gary Kindree, Part Lot 16, Concession 6, 339 Fire Route 82, Methuen Ward (Kasshabog Lake)
PURPOSE and EFFECT:
The purpose of this minor variance application is to seek relief from Section 4.10 (B) (ii) and Section 4.36 in order to permit development of the property in the form of a new addition to the existing dwelling, inclusive of additional habitable space as well as a garage and workshop; together with a new attached sunroom, having the following effects:
i. Reducing the minimum required front yard setback for the addition from 21.3 metres (70 feet) as per Section 11.2.1(c) to 20.8 metres (68 feet) (19.1 metres or 63 feet existing); and
ii. Reducing the minimum required water yard setback for the addition from 30 metres (100 feet) as per Section 4.36 to 20.8 metres (68 feet) (19.1 metres or 63 feet existing);
iii. Reducing the minimum required front yard setback for the sunroom from 21.3 metres (70 feet) as per Section 11.2.1(c) to 20.9 metres (68 feet) (19.1 metres or 63 feet existing); and
iv. Reducing the minimum required water yard setback for the sunroom from 30 metres (100 feet) as per Section 4.36 to 20.9 metres (68 feet) (19.1 metres or 63 feet existing).
1
Regular Council Meeting - May 21, 2019 Page 40 of 159 RECOMMENDATION:
That the application for constructing a 107 square metre (1148 square foot) addition to the existing dwelling, which will include a loft and bathroom, as well as a garage and workshop , having reduced shoreline setbacks of 20.8 metres (68 feet); together with a 17 square metre (180 square feet) attached sunroom with stairs having a reduced shoreline setback of 20.9 metres (68 feet), be approved with the following conditions:
That the attached addition and sunroom with stairs be permitted with the setbacks as noted above and be located as illustrated on the drawing as attached hereto and labelled Schedule ‘A’;
That any requisite approval be received by the applicable approval authorities prior to the building permit being issued;
o Peterborough Public Health o Crowe Valley Conservation Authority
That a 20-day appeal period lapse prior to the issuance of a building permit;
That a building permit be issued within 12 months of the approval of this application and upon submission to the building department of the appropriate application, fees and supporting information as required by the Chief Building Official;
That the required setbacks of the proposed addition and sunroom be staked by an Ontario Land Surveyor prior to the commencement of any site alterations or construction; and any requisite measurements from the high water mark or edge of water shall be taken from the same locations relied upon at the time the application was submitted; and
That the balance of the information in the Report be received.
BACKGROUND:
The purpose of this application is to permit development of the subject property in the form of a new addition, together with a new sunroom and stairs.
As proposed, approval of the application would permit the construction of an ensuite bathroom to an existing bedroom, as well as an attached garage with a workshop having a ground floor area of 107 square metres (1148 square feet). The addition would also include a second-storey loft, located above the garage. Based on the available building elevations however the loft would be accessed from inside the existing dwelling and separate access would not be provided directly from the garage. The application
2
Regular Council Meeting - May 21, 2019 Page 41 of 159 also proposes a 17 square metre (180 square feet) sunroom with stairs to the existing cottage dwelling. The proposed development would result in an increase to the total gross floor area of the dwelling to 124 square metres (1335 square feet).
As proposed, the setbacks to the addition and sunroom from the shoreline will not be reduced beyond the minimum standards currently existing on the property. The stairs to the sunroom are to be situated either to the south side or west side of the sunroom and will maintain the required setbacks to the existing septic tank and septic area. The setbacks from the shoreline are proposed as follows:
Garage 20.8 metres (68 feet)
Sunroom with stairs 20.9 metres (68 feet)
The existing lakeside deck is 16.5 metres (54 feet) to the shoreline and existing cottage is 19.15 metres (63 feet) to the shoreline.
Owner: Gary Kindree
Applicant: Travis Windsor
Property Description: Part Lot 16, Concession 6, 339 FR 82 – Methuen Ward (Kasshabog Lake) 1531-010-007-27200
Type of Planning Approval: The Planning Act, Section 45(1)
Site Visit Date: May 10, 2019
Previous Minor Variance: No
Other Planning Applications: None
Does the Application pose any issues in relation to the Provincial Policy Statement and/or Growth Plan? No
The subject property is located on the east side of Kasshabog Lake and access is provided via North Shore Road which is municipally maintained.
In total, the subject property comprises an area of approximately 2.1 acres. The property provides approximately 107 metres (352 feet) of linear shoreline along Kasshabog Lake.
The property is currently occupied by a two storey vacation dwelling together with an attached lakeside deck, with a gross floor area of 195 square metres (2096 square
3
Regular Council Meeting - May 21, 2019 Page 42 of 159 feet). The existing setbacks from the shoreline are 19.5 metres (63 feet) to the cottage and 16.5 metres (54 feet) to the lakeside deck.
Two small frame sheds also exist on the subject property and are setback beyond the 30 metre (100 feet) setback from the shoreline.
The dwelling is currently serviced by a private individual septic tank with water supply provided by a privately-owned/operated individual well.
Based on available information the property maintains some mature tree cover, including mature trees and vegetation along the shoreline.
Developed neighbouring properties are of variable size and configuration.
PLANNING ACT EVALUATIONS
1) Does the variance maintain the general intent and purpose of the Official Plan?
Upper Tier Policy
i. Provincial Policy Statement (PPS) and Growth Plan
The PPS and Growth Plan recognize residential development in rural areas; inclusive of waterfront residential development. In addition, both the PPS and the Growth Plan emphasize the protection and consideration of natural resources.
Section 2.1 of the PPS outlines the restrictions for development and site alteration in specific natural heritage features and areas. Section 2.2 of the PPS describes the protection and restriction of development near surface water features specifically (e.g. Kasshabog Lake). As proposed the application does not affect the specific features listed in the PPS and limits the extent of development near the surface water feature, maintaining and providing increased setbacks from the shoreline. As such, the application is considered to conform with the PPS.
In addition to the PPS, the application is subject to the Growth Plan for the Greater Golden Horseshoe, Kasshabog Lake is considered a key hydrologic feature in the Growth Plan.
Policies of the Growth Plan restrict development within key hydrologic features. However, as per policy 4.2.3.1 (e) of the Growth Plan, expansions to existing buildings, structures and uses may be permitted
4
Regular Council Meeting - May 21, 2019 Page 43 of 159 in key hydrologic features provided the use does not expand into the feature or vegetative protection zone. Should there be no alternative locations which would avoid the feature or vegetative protection zone, the expansion is to be kept limited in scope and close to the existing structure.
As proposed, the application will result in lateral additions to the existing dwelling and will not further encroach into the shoreline feature on the property or its vegetative protection zone.
Thus, as proposed the application does not conflict with the Provincial Policy Statement or the relevant policies of the Growth Plan.
ii. County of Peterborough Official Plan
The subject property is designated “Shoreland Areas and the Waterfront” in the County of Peterborough Official Plan.
Policies for lands designated “Shoreland Areas and the Waterfront” encourage development to consider and protect the natural features and qualities that contribute to the character of the shoreline area. The retention of tree cover and vegetation at the shoreline is encouraged. Development along the shoreline is to work within the landscape and is not to be overly concentrated or dominating to the natural form.
As proposed, the setbacks to the shoreline will not be reduced, and the additions to the dwelling are to occur a previously cleared area, limiting any perceptible impact on vegetation. Noting the above, it is our planning opinion that there will be no negative impacts of the proposed development on the character of the shoreline.
The application is thus considered to uphold the spirit and intent of the County of Peterborough Official Plan.
Township of Havelock Belmont Methuen Official Plan
Land Use Designation - Shoreline Relevant Policies - Section 3.3
The property is designated “Shoreline” in the Township of Havelock-Belmont- Methuen Official Plan.
Within the “Shoreline” designation, residential uses of both a permanent and recreational (cottage) nature are permitted. Development is encouraged to preserve vegetation along the shoreline and protect natural features and public
5
Regular Council Meeting - May 21, 2019 Page 44 of 159 views. The Official Plan also requires that a minimum setback of 30 metres be implemented from the shoreline to any proposed development.
As proposed, the addition and sunroom are to be located within the 30 metre setback. However, the proposed development represents lateral expansions of the existing cottage and will not further reduce the established water/front yard deficiency. Further, as noted above, the development is to occur in a previously cleared area of the property and as such no impact on natural vegetation is anticipated.
As such, it is our opinion that the proposed application conforms to the relevant policies of the Township’s Official Plan.
2) Does the variance maintain the general interest and purpose of the Zoning By- law?
Zone Category – Seasonal Residential Relevant Sections – 4.10, 4.36, 11.2.1
The property is zoned “Seasonal Residential” in the Township’s Comprehensive Zoning By-law 1995-42, as amended. The by-law establishes standards intended to guide the location of buildings and structures, and otherwise implements Official Plan policy.
As proposed, the application will permit the development of the property in the form of an addition to the existing dwelling, together with a sunroom with attached stairs.
The proposed addition will occupy a ground floor area of 107 square metres (1148 square feet) with a proposed height of 7.9 metres (26 feet). The sunroom will occupy a ground floor area of 17 square metres (180 square feet) with a proposed height of 4.9 metres (16 feet). Both the proposed addition and the sunroom meet the requirements of the Zoning By-law as they relate to minimum ground floor area and maximum height.
The proposed addition will be setback 20.8 metres (68 feet) from the shoreline and the sunroom with be setback 20.9 metres (68 feet) from the shoreline. As proposed, the setbacks for the addition and the sunroom do not meet the setbacks required in the Zoning By-law for either the front yard (21.3 metres of 70 feet) or the water yard (30 metres or 100 feet). However, the setbacks as proposed will not be reduced beyond the existing setbacks on the property, being 19.15 metres (63 feet) for the dwelling and 16.5 metres (54 feet) for the deck.
Development on the property will increase the total lot coverage to approximately 3.1% (1.7% existing), which is within the 15% maximum permitted in the Zoning By- law.
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Regular Council Meeting - May 21, 2019 Page 45 of 159
The application otherwise maintains the interest and general purpose of the Zoning By-law.
3) Is the proposal desirable and appropriate for the use of the lands?
As proposed, the requested variance will enable the continued use of the property for seasonal recreational (cottage) purposes, which is consistent with the use of other properties in the surrounding area.
The attached addition and sunroom will not reduce the front/water yard setback beyond what is currently established on the property. The proposal is therefore not anticipated to negatively effect any environmental features on the property, nor the visual or environmental qualities of the shoreline.
This application is therefore considered to be desirable and an appropriate use of the land.
4) Is the variance minor in nature?
As described, the variance will enable a lateral expansion of the dwelling which will not further reduce the minimum established setbacks on the property. Though the proposed addition will increase the height beyond what it currently existing, it remains within the permissions of the Zoning By-law.
The application is therefore considered to be minor in nature.
COMMENTS
Staff Comments:
None received at the time of report preparation.
Agency Comments:
Notice was circulated to a number of prescribed agencies for review. A permit has been received by Crowe Valley Conservation Authority.
Should any further comments be received prior to the May 21st meeting of Council they will be brought forward at that time.
Public Comments:
None received at the time of report preparation.
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Regular Council Meeting - May 21, 2019 Page 46 of 159
FINANCIAL IMPACT
A decision respecting the application is appealable to the Local Planning Appeal Tribunal; for which any costs incurred by the Municipality may be recoverable from the applicant.
All of which is submitted for the Committee’s consideration and hopeful assistance.
Submitted by:
Sonia Aaltonen ______Sonia Aaltonen Darryl J. Tighe, M.Sc., RPP, Planning Assistant Director of Planning Township of Havelock-Belmont-Methuen Landmark Associates Limited
Appendix A: GIS Mapping Appendix B: Schedule ‘A’
8
Regular Council Meeting - May 21, 2019 Page 47 of 159 339 FR 82 CON 6 PT LOT 16 Kasshabog Lake
Legend Roads < 50,000 PRIV ; Private; PRIV
City Arterial
City Collector and Local
City Owned Unclassified
Provincial
County
Township
Water Access Only Outside Roads < 50,000 Major Roads
Local Roads First Nations Civic Address Parcel Fabric Parcel First Nations - Canada Lands Rivers Intermittent
Permanent Spawning Area Clean Water Act Policies Apply Provincially Significant Wetlands Locally Significant Wetlands Non-evaluated Wetlands Lakes - Local Scale Municipal Boundary - Upper Tier
COUNTY OF PETERBOROUGH 1: 9,046 Notes
459.5 0 229.77 459.5 Meters This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be North_American_1983_CSRS_UTM_Zone_17N accurate, current, or otherwise reliable. © Latitude Geographics Group Ltd. Regular Council Meeting - May 21, 2019THIS MAP IS NOT TO BE USED FOR NAVIGATION Page 48 of 159 ' ^e~ ^c| Fft ^^
SITE PLAN OF LOT 2 REGISTEREDPLAN N' 23 AND PART OF LOT 16 CONCESSION 6 GEOGRAPHIC TOWNSHIP OF METHUEN TOWNSHIP OF HAVELOCK-BELMONT-METHUEN COUNTY OF- PETERBOROUGH
SCALE 1 750 ^ 25 10 20 30 40 50 metres
ELLIOTTAND PARR (PETERBOROUGH) LTD. '':^ . ^6%^'^j § IVP' '^ol A.8?"l^ . ^'u?0s ^.^/ ^ /9-'s~ ^ ^ ~^/ ^" \^ / / 0 ^ /0'f PROPERTYAREA=8525 sq.m. <^J EXISTINGCOTTAGE=99. 5 sq.m. ^ EXISTING DECK=46.3 sq.m. EXISTINGSHEDS=9. 1 sq.m. ^ EXISTING % COVERAGES.82% j§<0 PROPOSEDADDITION=107. 3 sq.m. 00 " (18.40-Pl ).? ^ PROPOSED & COVERAGE=3.08% . SLB (P&P) ^
I"- 1"\ /"- /"\ / -^ 1\1 1^ V/ <./ \. <./ t.o ELEVATIONS ARE GEODETIC AND ARE DERIVED BY REAL TIME NETWORK (RTN) OBSERVATIONS,UTM ZONE 17, NAD83 (CSRS) (2010.0) 8 LEGEND: 0 I DENOTESSURVEY MONUMENT FOUND D DENOTESSURVEY MONUMENT SET SURVEYING DENOTES S18 STANDARD IRON BAR Elliott and Parr MAPPING 18 DENOTESIRON BAR (PETERBOROUGH) LTD. CIS p&p DENOTESPIERCE & PIERCE O.L.S. A wholly ownedsubsidiary off. D. BarnesLtd. P&L DENOTESPIERCE & LYONS O.L.S. M DENOTESMEASURED 211SHERBROOKEST PETERBOROUGH,ON K9J2N2 p DENOTESREGISTEREDPLAN N- 23 T: (705)745-8444 F: (705)745-5314www. jdbames.com P1 DENOTESPLAN 45R-8147 DATE SHAWN M, O'CONNOR DRAWNBY: ^ Ontario Land Surveyor CHECKEDBY: REFERENCENO.: . 26*-' DENOTES SPOT ELEVATION AR & JK SMO 19-19-070-00 Regular Council Meeting - May 21, 2019 Page 49 of 159 FILE: 873-METHUEN67 DATED:29 MARCH2019 PLOTTED:4/18/2019 Regular Council Meeting - MayPage 21, 201950 of 159 Regular Council Meeting - MayPage 21, 201951 of 159 Regular Council Meeting - MayPage 21, 201952 of 159 Regular Council Meeting - MayPage 21, 201953 of 159 Regular Council Meeting - MayPage 21, 201954 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN
To: Chairman and Members of Committee of Adjustment
Prepared By: Sonia Aaltonen, Planning Assistant
Approved By: Darryl Tighe, Township Planning Consultant
Meeting Date: May 21, 2019
Subject: A-08-19, Minor Variance, Jane Bischoff and James Bischoff, Lot 11, Concession 8, 44 FR 98 – Methuen Ward (Kasshabog Lake)
PURPOSE and EFFECT:
The purpose of this minor variance application is to seek relief from Sections 4.36, 4.39 (d) and 11.2.2.1 to permit the construction of a new 29.7 square metre (320 square feet) bunkie (sleeping cabin) having the following effects:
1. Reducing the minimum required westerly and easterly water yard setbacks from 30 metres (100 feet) as per Section 4.36 to 17 metres (58 feet) and 20 metres (67 feet), respectively;
2. Reducing the minimum required westerly and easterly front yard setbacks from 70 feet as per Section 4.39 (d) to 17 metres (58 feet) and 20 metres (67 feet), respectively; and
3. Increasing the maximum floor area of all accessory buildings from 75% of the total floor area of the main building as per Section 11.2.2.1 to 90.5% (approximately 58.2% existing).
RECOMMENDATION:
That the application for constructing a 29.7 square metre (320 square feet) bunkie (sleeping cabin), having reduced westerly and easterly front and water yard setbacks of 17 metres (58 feet) and 20 metres (67 feet) respectively, be approved with the following conditions:
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Regular Council Meeting - May 21, 2019 Page 55 of 159
That the proposed bunkie (sleeping cabin) be permitted with the setbacks as noted above and be located as illustrated on the drawing as attached hereto and labelled Schedule ‘A’;
That any requisite approval be received by the applicable approval authorities prior to the building permit being issued;
o Peterborough Public Health o Crowe Valley Conservation Authority
That a 20-day appeal period lapse prior to the issuance of a building permit;
That a building permit be issued within 12 months of the approval of this application and upon submission to the building department of the appropriate application, fees and supporting information as required by the Chief Building Official;
That the required setbacks of the bunkie (sleeping cabin) be staked by an Ontario Land Surveyor prior to the commencement of any site alterations or construction; and any requisite measurements from the high-water mark or edge of water shall be taken from the same locations relied upon at the time the application was submitted; and
That the balance of the information in the Report be received.
BACKGROUND:
The purpose of this application is to permit development of the subject property in the form of a 29.7 square metre (320 square feet) bunkie (sleeping cabin) within the front and water yards.
The setbacks to the shoreline will not be reduced beyond the minimum standards currently existing on the property; and the bunkie will be located to the rear of the existing cottage. The setbacks from the shoreline to the bunkie are proposed as follows:
1. Westerly 17 metres (58 feet) 2. Easterly 20 metres (67 feet)
As proposed the application is also seeking to increase the maximum floor area permitted for accessory buildings on the property to 90.5%.
Owner: Jane Lucas and James Bischoff
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Regular Council Meeting - May 21, 2019 Page 56 of 159 Applicant: Craig Weller
Property Description: Lot 11, Concession 8, 44 Fire Route 98 – Methuen Ward (Kasshabog Lake) 1531-010-009-37600
Type of Planning Approval: The Planning Act, Section 45(1)
Site Visit Date: May 10, 2019
Previous Minor Variance: No
Other Planning Applications: None
Does the Application pose any issues in relation to the Provincial Policy Statement and/or Growth Plan? No
The subject property is located on the west shore of Kasshabog Lake and is accessed via Fire Route 98.
In total, the subject property comprises an area of approximately 0.93 acres, and provides approximately 180 metres (590 feet) of linear shoreline along Kasshabog Lake.
The property is currently occupied by a one storey 92 square metre (990 square feet) three season cottage. The setback from the shoreline is currently 4.3 metres (14 feet) to the cottage.
A 54 square metre (576 square feet) garage also exists on the subject property and is setback approximately 8.5 metres (28 feet) from the shoreline.
The dwelling is currently serviced by a private individual septic tank with water supply provided by a intake from Kasshabog Lake.
Based on available information the property maintains a high-level of mature tree cover, including mature trees and vegetation along the shoreline.
Developed neighbouring properties are of variable size and configuration.
PLANNING ACT EVALUATIONS
1) Does the variance maintain the general intent and purpose of the Official Plan?
Upper Tier Policy
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Regular Council Meeting - May 21, 2019 Page 57 of 159
i. Provincial Policy Statement (PPS) and Growth Plan
The PPS and Growth Plan recognize residential development in rural areas; inclusive of waterfront residential development. In addition, both the PPS and the Growth Plan emphasize the protection and consideration of natural resources.
Section 2.1 of the PPS outlines the restrictions for development and site alteration in specific natural heritage features and areas. Section 2.2 of the PPS describes the protection and restriction of development near surface water features specifically (e.g. Kasshabog Lake). As proposed the application does not affect the specific features listed in the PPS and limits the extent of development near the surface water feature, maintaining and providing increased setbacks from the shoreline. As such, the application is considered to conform with the PPS.
In addition to the PPS, the application is subject to the Growth Plan for the Greater Golden Horseshoe.
Policies of the Growth Plan restrict development within key hydrologic features such as Kasshabog Lake. However, as per policy 4.2.3.1e) of the Growth Plan, accessory structures and uses may be permitted in key hydrologic features provided the use does not expand further into the feature or vegetative protection zone. Should there be no alternative locations which would avoid the feature or vegetative protection zone, the expansion is to be kept limited in scope and close to the existing structure.
The application proposes to construct a bunkie on the property, being an accessory use the structure is permitted to locate in the water yard under the Growth Plan. Given the predominance of shoreline on the property, there is no reasonable alternative to construct the bunkie to avoid the vegetative protection zone.
Thus, as proposed the application does not conflict with the Provincial Policy Statement or the relevant policies of the Growth Plan.
ii. County of Peterborough Official Plan
The subject property is designated “Shoreland Areas and the Waterfront” in the County of Peterborough Official Plan.
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Regular Council Meeting - May 21, 2019 Page 58 of 159 Policies for lands designated “Shoreland Areas and the Waterfront” encourage development to consider and protect the natural features and qualities that contribute to the character of the shoreline area. The retention of tree cover and vegetation at the shoreline is encouraged. Development along the shoreline is to work within the landscape and is not to be overly concentrated or dominating to the natural form.
The application seeks to construct a bunkie on the property. As proposed, the setbacks for the bunkie from the shoreline will not be reduced beyond what is currently existing on the property., Further, the property is heavily treed, and natural vegetation will serve as a buffer between the proposed bunkie and the shoreline. Given the foregoing, it is our planning opinion that there will be no negative impacts of the proposed development on the character of the shoreline.
The application is thus considered to uphold the spirit and intent of the County of Peterborough Official Plan.
Township of Havelock Belmont Methuen Official Plan
Land Use Designation - Shoreline Relevant Policies - Section 3.3, 3.7.3.3
The property is designated “Shoreline” in the Township of Havelock-Belmont- Methuen Official Plan.
Within the “Shoreline” designation, residential uses of both a permanent and recreational (cottage) nature are permitted. Development is encouraged to preserve vegetation along the shoreline and protect natural features and public views. The Official Plan also requires that a minimum setback of 30 metres be implemented from the shoreline to any proposed development.
An area south of the property has also been identified in the Township’s Official Plan as a fish spawning area. Policies of the Official Plan require that development within 30 metres of an identified spawning area shall not be permitted unless an environmental impact study has been completed which demonstrates that there will be no negative impacts. The construction of the bunkie is outside the spawning area setback and thus approval would not offend the intent of the Official Plan.
Overall, existing setbacks to the shoreline will not be reduced as a result of the application and there are no expected impacts on the vegetation and natural features of the shoreline.
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Regular Council Meeting - May 21, 2019 Page 59 of 159 As such, it is our opinion that the proposed application conforms to the relevant policies of the Township’s Official Plan.
2) Does the variance maintain the general interest and purpose of the Zoning By- law?
Zone Category – Seasonal Residential Relevant Sections –4.36, 4.39, 11.2.2.1
The property is zoned ‘Seasonal Residential (SR) Zone’ in the Township’s Comprehensive Zoning By-law 1995-42, as amended. The by-law establishes standards intended to guide the location of buildings and structures, and otherwise implements Official Plan policy.
As proposed, the application will permit the development of the property in the form a one storey 29.7 square metre (320 square foot) bunkie, with a height of approximately 3 metres (10 feet).
The bunkie is proposed to have reduced westerly and easterly shoreline setbacks of 17 metres (58 feet) and 20 metres (67 feet) respectively. Due to the nature and extend of shoreline with the property coming to a point, development cannot meet the required 30 metre setback from the shoreline in its entirety. However, as proposed the bunkie would be located to meet or exceed the westerly setback of 17 metres (58 feet) and easterly setback of 20 metres (67 feet). As well, the setbacks will not be reduced beyond what is currently existing on the property (14’ or 4.26 metres for the dwelling and 28’ or 8.5 metres to garage). The bunkie will be located to the rear of the existing garage.
As proposed, the area of accessory uses, being the proposed bunkie together with the detached garage (total of 896 sf or 83 metres square), would represent approximately 90.5% of the gross floor area of the main building (existing 990 square feet or 92 metres squared), which exceeds the 75% permitted in the Zoning By-law.
The applicants have noted that given the smaller area of the cottage, the bunkie is required to be utilized as an activity room and will include one bedroom. As required by the Zoning By-law the bunkie will not provide for plumbing and/or cooking facilities.
Development on the property will increase the total lot coverage of the property to approximately 4.6%, which is within the 15% maximum permitted in the Zoning By- law.
The minor variance would thus recognize reduced front and water yards for the bunkie, while increasing the maximum allowable area for accessory uses. The
6
Regular Council Meeting - May 21, 2019 Page 60 of 159 application otherwise maintains the interest and general purpose of the Zoning By- law.
3) Is the proposal desirable and appropriate for the use of the lands?
As proposed, the requested variance will permit construction of a proposed bunkie, thereby enabling the continued use and enjoyment of the property for seasonal recreational (cottage) purposes, which is consistent with the use of other properties in the surrounding area.
The proposed bunkie will not reduce the front/water yard setback beyond what is currently established on the property. The proposal is therefore not anticipated to negatively effect any environmental features, nor the visual or environmental qualities of the shoreline.
This application is therefore considered to be desirable and an appropriate use of the land.
4) Is the variance minor in nature?
As described, the variance will enable the construction of a bunkie (sleeping cabin), which will not further reduce the minimum established setbacks.
The application is therefore considered to be minor in nature.
COMMENTS
Staff Comments:
None received at the time of report preparation.
Agency Comments:
Notice was circulated to a number of prescribed agencies for review. No comments were received prior to the preparation of this report.
Should any comments be received prior to the May 21st meeting of Council they will be brought forward at that time.
Public Comments:
None received at the time of report preparation.
FINANCIAL IMPACT
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Regular Council Meeting - May 21, 2019 Page 61 of 159 A decision respecting the application is appealable to the Local Planning Appeal Tribunal; for which any costs incurred by the Municipality may be recoverable from the applicant.
All of which is submitted for the Committee’s consideration and hopeful assistance.
Submitted by:
Sonia Aaltonen ______Sonia Aaltonen Darryl J. Tighe, M.Sc., RPP, Planning Assistant Director of Planning Township of Havelock-Belmont-Methuen Landmark Associates Limited
Appendix A: GIS Mapping Appendix B: Schedule ‘A’
8
Regular Council Meeting - May 21, 2019 Page 62 of 159 County of Peterborough 44 FR 98 Lot 1 1 Con 8 Bischoff/Lucas ^ ^ 9 frjj \ ^ /
r'FR^Sr City Collector and Local City Owned Unclassified Provincial County ^ Township r < - Water Access Only y-^ Kassliabog-La 22 Outside Roads < 50,000 '5;'°^p<,,ntP°ad ' Local Roads First Nations ^ Civic Address Parcel Fabric ^FR'98 Parcel First Nations - Canada I Rivers IntemnMent Permanent CleanWater Act PoliciesAppl) Provincially Significant Wetlanc Lakes - Local Scale COUNTl' OF PETERBOROUGH "\ . §1^> Kassh -fake-islandfake-island 1j1_ 1:11,021 J 559. 279.94 559.9 Meters Thismap is a usergenerated static output from an Internet mapping site and 9 0 referenceonly. layers appear be North_American_1983_CSRSUTM Zone 17N isfor Data that onthis map may or may not accurate, current, or otherwise reliable. ® LatitudeGeographies Group Ltd. Regular Council Meeting - May 21, THIS2019MAP IS NOTTO BE USEDFOR NAVIGATION Page 63 of 159 A/fcv^ &u^X/^ ^- ^ <%-»TYM- &Y-SC - L-.U ^^ '^sa so , 1* Legend Roads < 50,000 PRIV; Private;PRIV CityArterial City Collectorand Local City Owned Unclassified Provincial County Township Water Access Only Outside Roads < 50, 000 MajorRoads Local Roads Civic Address a Parcel Fabric a Parcel First Nations - Canada I Rivers Intermittent Permanent Clean Water Act Policies Appl^ Provincially Significant Watlani Lakes - Local Scale Municipal Boundary - Upper Ti COUNTl' OF PETERBOROUGH Regular Council Meeting - May 21, 2019 Page 64 of 159 Regular Council Meeting - May 21, 2019 Page 65 of 159 Regular Council Meeting - May 21, 2019 Page 66 of 159 Regular Council Meeting - May 21, 2019 Page 67 of 159 Regular Council Meeting - May 21, 2019 Page 68 of 159 Regular Council Meeting - May 21, 2019 Page 69 of 159 Regular Council Meeting - May 21, 2019 Page 70 of 159 Regular Council Meeting - May 21, 2019 Page 71 of 159 TOWNSHIP OF HAVELOCK-BELMONT METHUEN To: The Mayor and Members of Council Prepared By: Sonia Aaltonen, Planning Assistant Meeting Date: May 21, 2019 Subject: 1919396 Ontario Ltd – Removal of Holding Provision (H), Part Lot 23, Concession 3, Municipal Address 16 FR 83B-Methuen Ward, Methuen Lake PURPOSE: The purpose of this report is to assist Council in the requisite removal of a Holding Provision on the subject lands; provided requisite conditions have been met. RECOMMENDATION: • That Council proceed to enact a by-law having the effect of removing the Holding Provision (H) on the subject property; and • That the balance of this report be received. BACKGROUND: On October 20, 2014 Council proceeded to enact By-law No. 2014-69 which had the effect of rezoning the subject property in order to permit the reconstruction of a single- family dwelling; together with introducing certain site-specific regulations. By-law No. 2014-69 incorporated an ‘H’, until corresponding conditions of Council were satisfied; being that the temporary construction trailer and vacation trailer with attached deck were removed to the satisfaction of the municipality. A site visit by Building Inspector, Lukan Tucker, confirmed that the trailers have been removed from the site. On that basis, it would therefore be appropriate for Council to now proceed to pass the by-law to remove the Hold “H”. 1 Regular Council Meeting - May 21, 2019 Page 72 of 159 FINANCIAL IMPACT: None. Respectfully Submitted: Sonia Aaltonen Planning Assistant 2 Regular Council Meeting - May 21, 2019 Page 73 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN To: Mayor Martin and Members of Council From: Sonia Aaltonen, Planning Assistant Meeting Date: May21, 2019 Subject: Temporary Use Agreement - Plan 15 Part Lot 14 34 Fire Route 87A, Methuen Ward PURPOSE: The purpose of this report is to present for Council's consideration a request for a Temporary Use Agreement pertaining to the construction of a new dwelling. RECOMMENDATION: That the Mayor and Clerk be authorized to enter into an Agreement with Brent Lehman and Debra Lehman for the use of their existing dwelling during the construction of their new single-family dwelling on the property located at Plan 15 Part Lot 14 of Methuen Township, 34 FR 87A, identified by Roll No. 15-31-010-007-69500, and that the requisite by-law be passed in the by-law section of today's meeting. BACKGROUND: The Township had received a request from the owner of property located at 34 FR 87A requesting permission to use their existing single-family dwelling while a new single- family dwelling is constructed at the same location. The request was brought forward to Council and passed at the meeting of May 6, 2019. The dwelling will cease to be used for living accomodations at the conclusion of the construction period (within six months). Temporary Use Agreements are permitted by the Municipal Act and the Comprehensive Zoning By-law. The applicants have paid a $1200. 00 deposit to cover the expense of having the agreement registered on title and then removing the agreement from title upon completion of the construction. FINANCIAL IMPACT: None. Respectfully Submitted: Sonia Aaltonen Regular Council Meeting - May 21, 2019 Page 74 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN To: The Mayor and Members of Council Prepared By: Emma Drake and Darryl Tighe, Township Planning Consultants Meeting Date: May 21, 2019 Subject: Second Units PURPOSE AND EFFECT: The purpose and effect of this report is to present for Council’s consideration, information regarding Second Units and related provincial legislation; and to seek approval for proceeding with Official Plan and Zoning By-law Amendments as they relate to such matters. RECOMMENDATION: 1. That Council receive this report regarding Second Units, as prepared by the Township Planning Consultants for information; 2. That Council direct Staff to proceed with the preparation of draft Official Plan and Zoning By-law Amendments for discussion with Council at a future meeting; and 3. That the balance of this report be received. BACKGROUND: In 2011, the Strong Communities through Affordable Housing Act was enacted by the provincial government. The Act amended the Planning Act (Sections 16(3) and 35.1(1)), effectively requiring Municipalities to have Official Plan policies and Zoning By-law provisions which permit second units. Second units are self-contained residential units for human habitation, which are designed with private cooking, sanitary and sleeping facilities. Second units may also be referred to as secondary suites, basement or accessory apartments, granny flats, in-law apartments or nanny suites. Many community, social and economic benefits can be derived through the use of second units, including: 1 Regular Council Meeting - May 21, 2019 Page 75 of 159 • Boosting the Township’s existing housing inventory; • Supporting homeownership by providing additional income to offset costs; • Providing a more diverse and affordable range of housing options; • Making efficient use of existing infrastructure and housing stock; • Creating jobs and demand in the construction/renovation industry; and • Assisting municipalities to meet intensification and density targets. Under the Planning Act (Section 16(3)), a second unit may be permitted as follows: • Within an existing detached, semi-detached or row house, provided that no ancillary building or structure contains a second unit; or • Within a building or structure ancillary to the above-mentioned housing types, provided that the primary dwelling does not contain a second unit. In simpler terms, a second unit may be permitted in a primary dwelling or in an accessory building, but not both. At present, permission and regulation of second units is not provided in the Township’s Official Plan or Zoning By-law. To comply with Provincial legislation, amendments are required to both planning documents to permit second units. ANALYSIS: Official Plan: Section 2.1.2 of the Township’s Official Plan provides policy direction specifically as it relates to housing. The Official Plan states that “The Township will encourage a range of housing types to meet the varied needs of residents in settlement areas, waterfront areas and rural areas.” Settlement Areas are specifically identified in Section 2.1.10.9 of the Official Plan as the target of residential intensification. As defined in the Official Plan, residential intensification includes “the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, secondary suites and rooming houses.” As per the above referenced section, accessory apartments and secondary suites are functionally both considered second units, and thus ought to be permitted in Settlement Areas of the Township. However specific and clear direction does not exist at present in the Official Plan, except in the ‘Rural’ designation. As per the Official Plan, secondary suites are permitted in ‘Rural’ designated lands, subject to meeting applicable Health Unit standards and criteria as outlined in the Zoning By-law. This being noted, and as discussed below, the permission and regulation of second units within the Zoning By- law is presently lacking. 2 Regular Council Meeting - May 21, 2019 Page 76 of 159 In converting single detached dwellings to contain multiple-units, policies of the Official Plan also specify that the units must be self-contained. Therefore, a second unit in an accessory building is not currently permitted under the policies of the Official Plan. Staff would also note that while the Official Plan permits garden suites, separate legislation is provided in the Planning Act for garden suites; and garden suites are not considered to be second units. Given the foregoing, while second units are alluded to in the policies and definitions of the Official Plan, specific policy direction and permissions are needed to update the Official Plan in order to conform to the requirements of the Planning Act. Comprehensive Zoning By-law No. 1995-42, as amended: At present, the Township’s Zoning By-law does not specifically contemplate second units, though direction is given in the Official Plan. The Zoning By-law does provide a definition and provisions for similar uses, including an accessory dwelling unit. An accessory dwelling unit is defined in the Zoning By-law as “a dwelling unit which is part of and accessory to, a permitted non-residential use, other than a motor vehicle service station or commercial garage.” However, as noted in the definition, accessory dwelling units are only permitted in conjunction with a non- residential use; and reflective of this, these units are only permitted in commercial and industrial zones under specific circumstances. Further, Section 4.1 of the Township’s Zoning By-law provides additional regulation for the use of accessory buildings and structures and specifically prohibits the use of these building and structures for human habitation, except as permitted for sleeping cabins. The Zoning By-law strictly limits the size of sleeping cabins, and further these units are not permitted to contain any cooking, plumbing or sanitary facilities. A sleeping cabin, as defined by the Zoning By-law, is therefore also not considered to be a second unit. Based on the foregoing, the Zoning By-law at present does not contain permissions for second units within dwelling units or accessory structures; and is thereby in contradiction to the Planning Act. CONCLUSIONS: Based on the above analysis, an Official Plan Amendment and Zoning By-law Amendment application will be required to permit second units within the Township and bring the local planning documents into conformity with the Planning Act. In developing the amendments, consideration would be given to the following: 3 Regular Council Meeting - May 21, 2019 Page 77 of 159 • Location and Access: Demonstration that the second unit is to be constructed in an appropriate location with year-round access. • Parking: Demonstration that parking needs will be met for the additional tenant(s), requiring a maximum of one additional parking space as directed by the Province. • Servicing: Demonstration that on-site/municipal servicing (water and sewage) provides sufficient capacity for the additional dwelling unit. • Unit Size: Consideration of a requirement that the second unit shall be less than or equal to the size of the primary dwelling. All other regulation of size shall be derived from the Building Code. • Streetscape and Architectural Design: Consideration of the existing neighbourhood character. • Hazardous Lands and Environmental Protection: Demonstration that the second unit is proposed outside of hazardous lands and lands subject to environmental protection, with exceptions provided where approvals have been provided by the Conservation Authority. • Division of Land: Severances to separate a second unit into a separate parcel under should not be permitted. • Building and Fire Code: Demonstration of compliance with Building and Fire Code requirements. Second units are generally to be permitted in both newly built and existing buildings “as of right”, meaning that interested parties should have the ability to apply for a building permit without having to file a development application (e.g. official plan amendment, zoning by-law amendment, minor variance, or site plan). At present, explicit permission of second units is not provided in either the Official Plan or Zoning By-law; and thus, a development application would be required. In recognition of this, updates to the Township’s Official Plan and Comprehensive Zoning By-law are required to permit and provide regulation for second units, and amendments to each should be prepared forthwith. All of which is submitted for Council’s consideration and hopeful assistance. 4 Regular Council Meeting - May 21, 2019 Page 78 of 159 Submitted by: ______Emma Drake Darryl J. Tighe, M.Sc., RPP, Planner Director of Planning Landmark Associates Limited Landmark Associates Limited 5 Regular Council Meeting - May 21, 2019 Page 79 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN To: The Mayor and Members of Council Prepared By: Amanda Dougherty, Planner Approved By: Darryl Tighe, Township Planning Consultant Meeting Date: May 21, 2019 Subject: Proposed Amendments to the Conservation Authorities Act PURPOSE and EFFECT: The purpose of this report is to provide a summary to Council in respect of proposed legislative changes to the Conservation Authorities Act and related Ontario Regulations. RECOMMENDATION: 1. That Council receives the report regarding Proposed Amendments to the Conservation Authorities Act for information; and 2. That Council advise Staff of any further action required on behalf of the Township. BACKGROUND: On April 5, 2019, the Province posted on the Environmental Registry of Ontario (ERO) its intent to amend the Conservation Authorities Act (CAA), as amended; together with developing a new regulation which would replace each of the existing conservation authority Ontario Regulations. 1 Regular Council Meeting - May 21, 2019 Page 80 of 159 As summarized by the Province, these changes are intended to refocus the direction of conservation authorities (CAs) and to ensure programs and services are being delivered as mandated. The Province intends that these changes will serve to make the CAs permitting process faster, less costly and more predictable. Many of these changes are driven by the objectives of the publication “Preserving and Protecting our Environment for Future Generations. A Made-in-Ontario Environment Plan”, as recently released by the Ministry of Environment, Conservation and Parks. The Plan is intended to direct initiatives for dealing with environmental challenges, such as climate change. Amendment to the Conservation Authorities Act The proposed changes to the CAA form Schedule 2 of Bill 108 (More Homes, More Choice Act) which was more recently released on May 2, 2019. The following serves to review certain of the more pertinent amendments which are proposed. Amendments to several sections of the CAA were previously proposed and approved under Bill 139 (e.g. fees for programs and services, transparency and accountability, capital cost recovery for municipalities, etc.). However, these have not received proclamation and are therefore not in force and effect. As part of Bill 108, those amendments would receive proclamation thereby coming into effect; likely at the same time as the additional amendments now proposed under Bill 108. Section 21.1 of the CAA outlines that it is mandatory for CAs to provide certain programs and services; however, the Act does not currently identify those programs. The proposed amendments would serve to outline the core programs and services as follows: • Related to risk of natural hazards; • Conservation and management of lands owned by conservation authority; • Source water protection; and • Protection of the Lake Simcoe watershed. Standards and requirements for any of the foregoing programs/services are to be provided in the pending Ontario Regulations. CAs will still be able to offer non-mandatory programs and services as they are under the current Act. However, where financing by a municipality is required for a CA to operate a program/service, the CA cannot provide the program/service unless an 2 Regular Council Meeting - May 21, 2019 Page 81 of 159 agreement is entered with the municipality regarding the terms and conditions for delivering said program/service. Memorandums of understanding or other agreements are to be made public and reviewed at regular intervals. The amendments to the CAA will also enable the Minister to appoint an investigator to audit CAs. The new legislation would outline the powers of an investigator which include reviewing general operations, financial affairs, policies developed by a CA and both mandatory and non-mandatory programs and services. The Minister can also require a CA to pay for the cost of the investigator should an audit take place. Repealing Conservation Authority Ontario Regulations Ontario Regulation 97/04 is authorized under the CAA and directs that CAs are to regulate prohibited development in natural hazard areas, wetlands or watercourses. Currently there are 36 CAs in Ontario, each of which operate under different regulations. These regulations serve to inform the CAs permitting process for development applications. The EBO posting indicates that a new regulation would be developed, which would serve to replace Ontario Regulation 97/04, together with all other Ontario Regulations for each of the CAs. Instead, there would be one regulation as approved by the Ministry of Natural Resources and Forestry (MNRF) to ensure each CA is consistent across the Province. The new regulation would also serve to address the following: • Provide updated definitions such as “wetland”, “watercourse” and “pollution”; • Adding definitions, such as “interference” and “conservation of land”; • Reduce the regulatory restrictions for development within 30 metres and 120 metres of a wetland and areas where hydrological connections have been severed; • Exempt some low-risk development activities from requiring a permit; and • Requiring CAs to: o develop policies for making permitting decisions, and regularly updating those policies; o make those policies as outlined above readily available to the public; o notify the public and municipalities of mapping changes; and o monitor and report on service delivery standards, including requirements and timelines for processing applications and making decisions. 3 Regular Council Meeting - May 21, 2019 Page 82 of 159 COMMENTS: The deadlines for commenting on the proposed changes to the CAA and Ontario Regulation are May 20th and May 21st, respectively. Unfortunately, it is difficult to fully evaluate the proposed changes as despite the comment deadlines a redline version of the Act and the new Ontario Regulation have not been released for public review. Once available it is proposed that a full assessment and review be undertaken. All of which is respectfully submitted for Council’s consideration and hopeful assistance. Submitted by: ______Amanda Dougherty, B.A, Darryl J. Tighe, M.Sc., RPP, Planner Director of Planning Landmark Associates Limited Landmark Associates Limited 4 Regular Council Meeting - May 21, 2019 Page 83 of 159 Your Total Water Solutions Provider Havelock CCTV & Flushing Proposal Tuesday May 21, 2019 Regular Council Meeting - May 21, 2019 Page 84 of 159 Scope: Havelock Wastewater Collection System: The sanitary collection system consists of various sizes of gravity sewer which flow to the main pumping station located on Highway 7. From the pumping station, sewage is pumped via force main to manhole 113 on County Road 30 (CR 30), just south of Smith Drive, where it discharges to a gravity sewer. The gravity sewer on CR 30 south of Smith Drive takes all flows to the wastewater treatment plant south of Old Norwood Road. Flushing of Sanitary Sewers: McLean Avenue, King Street, Donald Street, Matheson Street (East and West), Alexander Street, Ontario Street, Ottawa Street (Hwy 7), Princess Street, Concession Street (Hwy 30), Union Street, Quebec Street, Oak Street East, Victoria Street, Orange Street, Hill Lane, Park Street, William Street, George Street, Polmeroy Street, Old Norwood Road (Highway 30) and Mary Street. CCTV Inspection Areas: Areas that would require CCTV Inspection are MH95 to MH 103, MH54 to 61, MH89 to MH55, MH66 to MH 85, MH 79 to MH65 and all along Ottawa Street (Highway 7) Regular Council Meeting - May 21, 2019 Page 85 of 159 Proposals Three (3) local service providers were supplied the request for quote package: 1. Eye -View Services Ltd. 1735 Orangebrook Court Pickering, ON L1W 3G8 2. Quinte Sewer Service 78 Vermilyea Road Belleville, ON K8N 4Z7 3. Sewer Technologies Inc. 124 Northport Road Port Perry, ON L9L1B2 Deadline for submission April 30, 2019 Regular Council Meeting - May 21, 2019 Page 86 of 159 Regular Council Meeting - May 21, 2019 Page 87 of 159 Regular Council Meeting - May 21, 2019 Page 88 of 159 Havelock Sanitary Sewer Pipe Chart Location MH Pipe MH Pipe MH Pipe MH Pipe MH Pipe MH Pipe MH Pipe MH Pipe MH Pipe MH Pipe MH Pipe MH Material KM Ottawa St. West 95 10" 94 10" 93 10" 92 10" 91 10" 54 12" 53 12" 45 12" 44 12" 43 12" 30 12" 1 CL2400AC 0.91 Ottawa St. East 1 10" 2 10" 3 10" 4 10" 5 8" 6 8" 7 8" 8 8" 9 8" 10 CL2400AC 0.70 Concession St. North 100 8" 99 8" 98 8" 97 8" 96 CL1500AC 0.29 Concession St. South 95 10" 101 10" 102 10" 103 10" 105 8" 106 8" 107 8" 108 8" 109 8" 110 8" 111 CL2400AC 0.79 Forcemain to Inlet Sewer 113 10" 114 10" 115 10" 116 15" 119 15" 120 15" 120A 15" 121 15" 122 CL2400AC 0.49 Inlet Sewer 122 ? 123 ? 124 ? 125 ? 126 ? 127 ? 128 ? 129 ? 130 CL2400AC 0.75 Old Norwood Rd. 116 8" 117 8" 118 CL2400AC 0.11 Princess St. 104 10" 103 CL1500AC 0.10 Polmeroy St. 112 8" 111 CL2400AC 0.07 George St. /Oak 49 8" 48 8" 46 8" 47 CL1500AC 0.20 note: MH31-MH32 is George St. /Orange 34 8" 33 8" 31 8" 32 CL1500AC 0.22 CL2400AC note: MH15-MH20 is George St. /William 24 8" 23 8" 22 8" 21 8" 15 8" 20 CL2400AC 0.37 CL1500AC note: MH12-MH11 is George St. /Mary 14 8" 13 8" 12 8" 11 CL1500AC 0.24 CL2400AC Mary 11 8" 10 CL2400AC 0.12 Matheson St. East/Park 28 8" 25 8" 26 8" 27 CL2400AC 0.20 Matheson St. East/William 16 8" 14 CL2400AC 0.11 Matheson St. West/Union 66 8" 67 CL1500AC 0.06 Matheson St. West/Quebec 57 8" 58 8" 59 CL2400AC 0.10 Matheson St. West/Victoria 37 8" 36 8" 35 CL2400AC 0.16 Orange St. 30 8" 31 CL2400AC 0.11 Mill Lane 29 8" 1 CL2400AC 0.06 Park St. 25 8" 22 CL2400AC 0.10 King St./Quebec 64 8" 61 8" 62 8" 63 CL2400AC 0.24 King St./Victoria 42 8" 41 8" 40 8" 38 8" 39 CL2400AC 0.28 William St. 5 8" 15 8" 16 8" 17 8" 18 CL2400AC 0.44 Victoria St. 33 8" 35 8" 38 CL2400AC 0.20 Oak St. 45 8" 46 8" 50 8" 51 8" 52 CL1500AC 0.29 Quebec St. 54 8" 55 8" 56 8" 57 8" 60 8" 61 CL2400AC 0.31 note: MH68-MH66 is Union St. 70 8" 69 8" 68 8" 66 8" 65 8" 85 CL2400AC 0.33 CL1500AC Ontario St. 89 8" 88 8" 87 8" 86 8" 85 8" 55 CL2400AC 0.38 note: MH78-MH77 is Alexander St. 78 8" 77 8" 76 8" 75 8" 74 8" 65 CL2400AC 0.32 CL1500AC Donald St. 84 8" 83 8" 82 8" 79 8" 80 8" 81 CL2400AC 0.33 Mclean Ave. 73 8" 72 8" 71 8" 69 CL1500AC 0.30 Ann St. North 79 8" 75 CL2400AC 0.10 Ann St. South 90 8" 87 CL1500AC 0.05 Information was compiled from: Total km is an approximate number, based on Peterborough County GIS mapping Total KM 9.83 Regular Council Meeting - May 21, 2019 Page 89 of 159 Totten Sims Hubicki and Associates LTD. Project W417, Sept 73 Service Package • Successful Bidder will: o Perform a site inspection prior to commencement of work o Material removed shall be disposed of accordingly at a landfill licensed to accept raw sewage. o All traffic control procedures and devices shall conform to the requirements of The Ministry of Transportation, Ontario “Ontario Traffic Manual Book 7”January 2014. o Contractor’s responsibility to thoroughly inspect the site of the proposed work, determine the location of any buried or obstructing services, and make satisfactory arrangements to remove any interference with such service with the proper jurisdictional authority o hydraulic pressure shall be adjusted accordingly in low pressure areas Regular Council Meeting - May 21, 2019 Page 90 of 159 Potential Service Provider Submissions 1. Eye -View Services Ltd. Did not submit a Quote 2. Quinte Sewer Service o 2 Flag Men @ $150.00/hr o Flusher Vac Truck including two technicians $225.00/hr o Camera Truck – Pan & Tilt $225.00/hr o Traffic control included as needed o Lids to be opened and closed by Municipality staff and/or OCWA staff 3. Sewer Technologies Inc. o Flushing/cleaning of approx. 9000m of sanitary sewer $205/hr o CCTV Inspection of approx. 3000mof sanitary sewer $200/hr o Traffic Control along Hwy 7 and Concession Rd $125/hr o Offsite Disposal of sanitary sewer debris $800/load Regular Council Meeting - May 21, 2019 Page 91 of 159 Assumption/Estimate • Given a 10 hour day we have estimated the following: Quinte Sewer Service • 2 Flag Men $150.00/hr 30hrs ~$4,500 • Flusher Vac Truck including two technicians $225.00/hr 100hrs ~$22,500 • Camera Truck – Pan & Tilt $225.00/hr 40hrs ~$8,600 • Traffic control included as needed ~$35,600 • Lids to be opened and closed by Municipality staff and/or OCWA staff • Disposal fee not provided Sewer Technologies Inc. • Flushing/cleaning of approx. 9000m of sanitary sewer $205/hr 100hrs ~$20,500 • CCTV Inspection of approx. 3000m of sanitary sewer $200/hr 40hrs ~$8,000 • Traffic Control along Hwy 7 and Concession Rd $125/hr 30hrs ~$3,750 • Offsite Disposal of sanitary sewer debris $800/load ~$1,600 ~$33,850 Regular Council Meeting - May 21, 2019 Page 92 of 159 Potential Additional Fees • Multiple flushing passes – Grease • Debris disposal (greater than 2 loads) • Hydraulic reaming if calcite build-up OCWA Contractor Safety Program • Current Certificate of Clearance from the Workplace Safety and Insurance Board (WSIB) • Proof of liability insurance coverage • Proof of training, licenses or qualifications relevant to the work being performed for all staff who will be performing the work Certificate of Insurance • OCWA Contractor Safety e-Learning Course • Coordination Documents Regular Council Meeting - May 21, 2019 Page 93 of 159 Next Steps • Pending Council Approval • Notify Successful Candidate • Contractor Safety and e-Learning Course • HBM & OCWA to inspect Highway 7 manholes • Pre-Start Meeting • Work to commence as soon as possible - Thank-you - Regular Council Meeting - May 21, 2019 Page 94 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN To: Mayor Martin and Members of Council From Wendelin Lonergan, Treasurer Meeting Date: May 21, 2019 Subject: Asset Management Work to software PURPOSE: To correct the tangible asset data within the City Wide software system. RECOMMENDATIONS: THAT Council approves that the Treasurer to contract Public Sector Digest to correct the tangible capital asset data within the City Wide Software system at a cost of $6, 250 plus HST to be funded from the OMPF funding within the Administration Reserve. BACKGROUND: When the City Wide data was uploaded in 2016 the auditors discovered when doing the 2016 audit in 2017 that the uploaded data did not include the 2015 amortization amounts. This therefore, threw off the amounts going forward and created manual inefficiencies when doing the audit in 2017 and 2018. There are approximately 1, 700 asset entries to be corrected and doing this manually by myself would be time consuming and greater potential for errors. So, when the auditors complete the 2018 data Public Sector Digest can use that data to correct all of the assets so that going forward we will save time and costs from the auditors doing manual entries into spreadsheets. Regular Council Meeting - May 21, 2019 Page 95 of 159 The Asset Management Plan and project has previously come from the OMPF funding within the Administrative Reserve so I am recommending that it still be funded from there FINANCIAL IMPACT: $6, 250 plus HST to come from the OMPF funding within the Administration Reserve. Submitted by: Wendelin Lonergan, Treasurer Regular Council Meeting - May 21, 2019 Page 96 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN To: Mayor Martin and Members of Council From: Bob Angione, Clerk Meeting Date: May 21, 2019 Subject: By-law Enforcement Report PURPOSE: The purpose of this report is to update Council on By-law Enforcement activities for the month of April 2019. RECOMMENDATION: That the report of the Clerk providing the By-law Enforcement Update for April be received for information. BACKGROUND: The Township has entered into a contract with the Canadian Corps of Commissionaires, Kingston and Region Division for the provision of By-law Enforcement within the municipality. Attached are copies of the activity report as prepared by By-law Enforcement Officer Steve Campbell for the month of April. FINANCIAL IMPACT: The financial impact was $976.32 for the latest billing period ranging from April 1, 2019 to April 23, 2019. Respectfully Submitted: Bob Angione Bob Angione Clerk Regular Council Meeting - May 21, 2019 Page 97 of 159 Monthly By-law Enforcement Report April Monthly Report WEEK OF ACTIVITY NOTES Talked with owner about parking problem, he April 01 Ownerof property called will consider other vehicles in drive through. Went to property, owner was there talked with Checking on property her arranging to have old car removed, and getting large bin to clean-up garbage and debris from house and property, will be back to monitor and take hotos. Went to property no one home, left my card to Checking on property call me took photos. Went to property no one home, left my card Checking on property and copy of By-Law. Took Photos Went to property talked with owner, she April 08 Checking on property assured me it will be all clean-up, will be back to monitor and take hotos. Talked with owner, he said they will get Owner of property called building material and debris clean-up, will be back to monitor and take hotos. Went to property to talk to owner about dogs Animal Complaint running at large, gave her my card and copy of B -Law No 2017-045. Went to property no one home, clean-up on Checking on property going took photos. Went to property no change, I E- mailed Checking on property Peterborough public health.ca about condition of ro crt . Talked with owner about garbage on property, Called owner of property he said they will clean-up garbage, will be back to monitor and take hotos. Went to property car is still on the property, April 15 Checking on property Wrecker's is picking the car up. Took photos. Went to property, no one home left my card Checking on property for owners to call me. Took Photos. Went to property home owner complied, all Checking on property garbage and building material was clean-up. Took Photos. Went to property took photos of garbage Property complaint bags, on neighbours property took photos. Called landlord he will get it cleaned-up. Regular Council Meeting - May 21, 2019 Page 98 of 159 Monthly By-law Enforcement Report April Monthly Report WEEK OF ACTIVITY NOTES Went to property, old trampoline is off Checking on property property took photos. File closed Went to property RV. Is off flooded area Took Checking on property photos. Called Robert Cole- Crowe Valley Conservation Officer, he is satisfied that RV is off flooded area. File Closed. Went to property talked with owner about April 29 Checking on property clean yard By-Law, gave owner a copy of By- Law, she ask me to give her until May 31, 2019 Took hotos will monitor. Went to property no one was home left my Checking on property card, garbage and debris still on property old vehicle is one took hotos. Went to property to talk to owner, no one Checking on property home left my card took photos. Went to property to check out parking lot Checking on property issues, talked with public works found no roblem took hotos. Went to property talked with owner about Property Complaint debris on property, she ask me to give them some time to clean-up May 31, 2019 took hotos will monitor. Regular Council Meeting - May 21, 2019 Page 99 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN To: Mayor Martin and Members of Council From: Bob Angione, Clerk Meeting Date: May 21, 2019 Subject: Explanation of By-laws on This Meeting’s Agenda PURPOSE: The purpose of this report is to provide a brief explanation, for Council’s clarification, of the by-laws listed on this meeting’s agenda. RECOMMENDATION: That the report of the Clerk providing a brief explanation, for Council’s clarification, of the by-laws listed on this meeting’s agenda be received for information. BACKGROUND: The following by-laws are listed on this meeting’s Regular Council Meeting agenda: 1. Zoning By-law Amendment further to an application by Paul and Christina Beasley as heard at this evening’s public meeting pursuant to Section 34 of the Planning Act. 2. A by-law to to remove a holding provision (H) on certain lands located at 16 FR 83B in the Methuen Ward, in the Township of Havelock-Belmont-Methuen further to the report of the Planning Assistant. 3. A by-law to authorize a Temporary Use Agreement with Brent Lehman and Debra Lehman for the use of their existing single-family dwelling during the construction of the new single-family (34 Fire Route 87A). This agreement was approved via Resolution No. R-334-19 passed at the Regular Council Meeting held on May 6, 2019. 4. A by-law to authorize an Environmental Mitigation Agreement with Irene Ramsperger as a condition of Consent Application No. B-12-18. This Consent Application was approved by Council and was recommended to the County Land Division for approval on May 7, 2018. Peterborough County Land Division Committee approved the application on May 17, 2018. …/2 Regular Council Meeting - May 21, 2019 Page 100 of 159 Report – Explanation of By-laws May 21, 2019 Page 2 of 2 5. A by-law to authorize a Merger Agreement with 289253 Ontario Inc. and Christine Anne Babb and Lynda Babb as a condition of Consent Application B-50-18. This Consent Application was approved by Council and was recommended to the County Land Division for approval on September 17, 2018. Peterborough County Land Division Committee approved the application on October 1, 2018. FINANCIAL IMPACT: There is no financial impact associated with the explanation of by-laws on this meeting’s agenda. Respectfully Submitted: Bob Angione Bob Angione Clerk Regular Council Meeting - May 21, 2019 Page 101 of 159 RECEIVED MAY U 2019 MARMORA AGRICULTURAL SOCIETY Come To The Founded 1890 P. O. Box 36, Marmora, ON KOK 2MO FA Email: marmorafairboard@gmail. com Visit our Facebookpage: httpsy/www. facebook.com/Marmorafairboard/ HAVELOCK-BELMONT TOWNSHIP 1 OTTAWA STREET HAVELOCK, ON KOL 1ZO Monday, May 13th, 2019. Dear, Whom it may concern. My name is Kimberly Ferguson, I am the Vice President of the Marmora Agricultural Society. We are a non for profit origination that hosts our local Fair on Labour Day Weekend. This year with a great deal of hard work, we are excited to be celebrating our 129th Annual Fall Fair. The purpose of my letter is to request a donation and/or sponsorship towards this year's Fall Fair. In 2017 the fair board incurred a debt of approximately $20, 000 due to the Midway Company we had booked, cancelling 5 days prior to our fair. We lost money on advanced ride bracelets, on the Sunday our horse shows were cancelled due to heavy rains as well as were all the booked entertainment for the day, we lost gate sales. Our biggest debt was the substitution, (inflatables) that we had to make at the last minute to replace the midway. At that time we were a board of 5 members, we are now a board of 10 and we have donated thousands of volunteer hours to reduce our debt considerably, allowing us to continue the Fall Fair Tradition. It is at this time we are reaching out and requesting help from business and companies supporting our community. To hold a Fair our total costs for the 3 days is roughly $45, 000. For example, our new midway is $15, 000 for 9 rides and 2 inflatables. We are working with other organizations and we have many fundraising events planned, with your support we can successfully provide a Fall Fair that brings our communities together and carries on family traditions in our town of Marmora. Thanking you in advance. Sincerely, . ^^. - ao-b- g^g^ Kimberly Ferguson. On behalf of The Marmora Agricultural Society Regular Council Meeting - May 21, 2019 Page 102 of 159 HAPPY HACKERS LADIES GOLF LEAGUE - NORWOOD It is spring time the sun is shining, flowers are blooming and everyone has had enough of winter. For all of us golfers/ its HAPPY season and tournaments are being scheduled everywhere. We are sending out these letters to several of our local businesses to inquire if they would be interested in making donations. The ladies league from Oakland Greens Golf & Course in Norwood (the Happy Hackers) are hosting 2 charity tournaments this year, one on Thursday June 6th and one on Sunday August 25th. Camp Oochigeas is our charity. Most locals know this name as "Camp Ooch". These are camps for children with cancer, located in the Muskokas with sites at Sick Kids in Toronto and Hamilton hospital. These camps are 100 % volunteer including doctors, nurses and parents and other wonderful people This is our 4th year hosting this event with great success; we decided to add another tournament. Hopefully, we will be able to generate an even bigger donation to our cause. Also, yourselves or anyone you know that might want to participate, alt our welcome. We have a lot of FUN Sincerely, Darla Gooding League Coordinator 705 778 2150 Regular Council Meeting - May 21, 2019 Page 103 of 159 OAKIA ^ HOSTED BY: THE HAPPY HACKERS FUNDRAISER for CAMP OOCHIGEAS Thursday June 6th 9 AM START $65. 00 PER PERSON CONTACT: Darla: (705) 778 2150 Donna: (705)9173124 f\ Regular Council Meeting - May 21, 2019 Page 104 of 159 lQ37bci RECEIVEDMAY 13 2019 ^ Crphn's and Colitis Canada Crphn et DOUBLE the RESEARCH. Colite Canada DOUBLEyour IMPACT. Township OfHavelock Belmont Methuen P.O. Box 10 Havelock,ON KOL 1ZO May 7, 2019 Dear Friends, Twin sistersJami and Jade have always shared a special bond. But when both sisterssuddenly fell ill in university, suffering from abdominalpain, urgentwashroom trips andunintended weight loss,they were shockedto find out that they also shareda diagnosis of Crohn's disease. Both sistersbegan medication right awayto get the disease undercontrol, but Jami would endup facing a severereaction to the medicationand continue to strugglewith complications.In early 2015, after spendingmonths laying m a hospitalbed trying different treatmentsand diets, Jamiunderwent emergency surgery to remove her colon, followed by severalmore surgeriesthat haveleft her living TWIN SISTERS JAMI AND JADE with a permanent ileostomy. Throughit all, Jadenever left Jami's side,often lying in the hospitalbed with her sister, comfortingher any way shecould. "I often'think whyme? Whydid my diseaseprogress to this stage,yet mysister 's hasn't? " sharesJami. "ThenI haveto givemy head a shake.My sisterwas by myside every step of theway. Shetook monthsoff of work. Shebecame my homenurse. I will be eternally grateful to her for this. / o ten sa there was a reason I ot a twin sister and that's becawe there is no wa I would have made it to where I am toda -without her." Just like we wouldn't be where we are today without you by our side. Thanksto the generosityof caring donorslike you, our researchersare closerto finding the curesfor Crohn's diseaseand ulcerativecolitis than everbefore. To keepcritical momentumgoing, I'm askingyou to renewyour much-neededsupport with a gift today. Your gift of $65, $75,or $90 will go twice as far, thanksto an anonymousdonor who is matchingall donationsdollar for dollar. Regular Council Meeting - May 21, 2019 Page 105 of 159 CROHNSANDCOI ITI. . -A . 1- 77-9. - Givenow and help researchers in Ontarioand across Canada explore promising new avenues and developnew therapies.Here arejust a few examples: . Dr. MichaelSurette at McMasterUniversity is investigatingfecal transplantation. His findings could lead to effective new treatments. . Dr. StephenGirardin at theUniversity of Torontois studyingthe impact of genetic mutationsin the small intestine. The results could help uncover important new knowledgeinto the triggers that worsen symptoms. . Dr. Alan Lomax at Queen'sUniversity is studyingbacteria in the gut and chemicals releasedduring inflammation. This researchcould help find newways to block pain and diarrhea. And theseare just a few of thepromising research studies underway today! We currently have48 scientificprojects underway at 16major hospitals and universities'across the country, exploringevery avenue of researchfrom prevention, to newand better treatments and ultimately, to finding the cures. But we urgently needyour continuedsupport today to help the 270,000Canadians like Jami and Jadewho are living with Crohn's diseaseor ulcerativecolitis today. 'Thetruth is my storycould happen to anyone,including my sister," saysJami, eluding to the factthat Jade has not sufferedthe samecomplications that JamFhas, but thatonly furtherresearch will hold the answersto knowing why. 'Thissituation has taught me more than I couldever imagine about the true definitionof familyand what it's liketo giveeverything to someoneunconditionally. I can only hope that having mysister see me as happyand capable as I amtoday will helpher get through any hardships life hands her." Thankyou for your caringsupport. With you by our side,we're closer to findingthe answers thatfamilies like Jamiand Jade's so desperately need. Please give today to speedup critical,world- class research. With thanks, Mina Mawani President & Chief Executive Officer Crohn's and Colitis Canada P.S. Therehas^neyer been a better time give- asall gifts receivedby June20, 2019 will DOUBLEin impact- to helpfund 2X asmuch groundbreaking research towards the curestoday. *A11giflts received by June20, 2019 will bematched by a generousanonymous donor, up to $20,000. Regular Council Meeting - May 21, 2019 Page 106 of 159 From: Peter White Hello Bob, Please pass along an invitation to HBM Council to attend the AGM of the Belmont Lake Cottagers' Association. The meeting will be held at the Cordova Mines Library on Saturday, July 20. The meeting will begin at 9:00am. We invite council to provide a brief (10 minute) update to our members beginning at 9:20 that morning. Council is welcome to stay for the full meeting. Many thanks, Peter White Regular Council Meeting - May 21, 2019 Page 107 of 159 Ontario Police Municipal Policing Bureau Bureau des services policiers des municipalités Provincial provinciale Police de l’Ontario 777 Memorial Ave. 777, ave Memorial Orillia ON L3V 7V3 Orillia (ON) L3V 7V3 Tel: (705) 329-6200 Fax: (705) 330-4191 File number/Référence: 612-10 May 01, 2019 Mayor/Reeve and Clerk/CAO/Treasurer, First, I would like to congratulate all recently elected officials and wish you great success in your new roles. 2018 has been a year of substantial accomplishments such as the transitioning of another two municipalities to the Ontario Provincial Police (OPP), multiple contract renewals, and countless presentations to municipal councils throughout the province. OPP Municipal Policing Bureau staff will strive to make great progress to continue to build municipal relationships through excellent communication, contract and financial management. As some of you may know, the government appointed Commissioner Thomas Carrique as the 15th OPP Commissioner to lead the police service in its 110 year history. Following the announcement of his appointment, Commissioner Carrique stated he is extremely grateful for and deeply honoured by the confidence placed in him by the provincial government and the Ministry of the Solicitor General to serve alongside the dedicated and professional members of the OPP, in a leadership role. We are all looking forward to strengthen our relationship with the municipalities the OPP polices under Commissioner Carrique’s leadership. The Comprehensive Ontario Police Services Act, 2019, received Royal Assent on March 26, 2019. Other than Special Investigation Unit modernization section, all other sections have not yet been proclaimed into force. This act creates the Community Safety and Policing Act, 2019 (CSPA), which will come into force on a date that has not yet been determined by government. Relevant regulations to the CSPA are currently being written. This will eventually lead to the legislation coming into force. When this new legislation comes into force, the current Police Services Act, 1990, (PSA) will be repealed. Until then, the PSA remains in force. We will keep you informed on this progression. Recently, you or staff members of your municipality have been contacted by our members to build awareness of the resources available to you, such as our webpage www.opp.ca/billingmodel materials, and offer to answer any of the questions you may have on the billing model and present to your municipalities, if necessary. Thank you for your feedback. In an effort to bring our communication to the next level, our bureau announced the implementation of the ePost mailing system. Your municipality will be sent instructions to set-up up to three ePost user accounts (Mayor/ Reeve, CAO/Clerk, PSB Chair (if applicable)) to allow for more efficient and innovative distribution of the annual billing statements and other correspondence. The ePost system is run by Canada Post and is official and legal mail. This system has been operated by Canada Post for 19 years, and has Regular Council Meeting - May 21, 2019 Page 108 of 159 been adopted throughout the country by numerous municipalities and various pension and pay organizations. The intention is to provide timely and reliable information to our hundreds of municipalities and avoid the unreliable nature of the current mailing system. I would like to welcome your views or any comments you may have to enhance our communication and invite you to ask questions of myself or any member of the OPP Municipal Policing Bureau through email at [email protected] or by phone at (705) 329-6200. Sincerely M.M. (Marc) Bedard Superintendent Commander, Municipal Policing Bureau Email [email protected] Twitter @OPP_Mun_Pol /nv 2 Regular Council Meeting - May 21, 2019 Page 109 of 159 May 13, 2019 Kathi Maskell, Chair Hanover Public Library Board 451 10th Avenue Hanover, ON N4N 2P1 Dear Mrs. Maskell: Re: Resolution - Cuts to Ontario Library Services Please be advised that at the Committee of the Whole meeting held on Monday, May 6, 2019 the Council of the Town of Hanover passed the following resolution: Moved by COUNCILLOR HOCKING | Seconded by COUNCILLOR FLEET WHEREAS the provincially funded Ontario Library Service agencies (Southern Ontario Library Service and Ontario Library Service – North) provide vital shared and collaborative public library services, including the Overdrive ebook collection, inter-library loan system and deliveries, technical support, skills training, and other services that are not sustainable by small and rural libraries alone; WHEREAS the Ontario Library Service agencies ensure consistent quality and range of services are available to citizens through all public libraries no matter where they are located; WHEREAS the Ontario Library Service agencies exist to provide value for money, efficiency and respect for taxpayer dollars by acting as a source of expertise and coordination, and leverage combined purchasing power to reduce operating costs for all Ontario public libraries; and WHEREAS the role of these agencies is crucial to the day-to-day provision of services to the public at libraries of all sizes in every part of Ontario; THEREFORE, we the undersigned petition the Legislative Assembly of Ontario as follows: 1. To reverse the 50% funding cuts to Southern Ontario Library Service and Ontario Library Service – North agencies and reinstate provincial funding for these services to at least the 2017-2018 funding level, and 2. To maintain the operating grant funding for all Ontario libraries. AND THAT this resolution be sent to the MPP, Minister of Tourism, Culture and Sport and all municipalities in Ontario. CARRIED Sincerely, Brian Tocheri CAO/Clerk cc Hon. Michael Tibollo, Minister of Tourism, Culture & Sport – [email protected] Bill Walker, MPP Bruce-Grey-Owen Sound - [email protected] Municipalities of Ontario Regular Council Meeting - May 21, 2019 Page 110 of 159 May 2, 2019 Hon. Victor Fedeli Minister of Finance Frost Bldg S 7th Flr, 7 Queen's Park Cres Toronto, ON M7A 1Y7 Dear Mr. Fedeli: Re: Ontario Municipal Partnership Fund (OMPF) The Ontario Municipal Partnership Fund (OMPF) is the Province’s main general assistance grant to municipalities. The program, that primarily supports northern and rural municipalities, is a critical component of the provincial-municipal fiscal relationship. Since 2012, grant allocations have decreased from $598M to $505M in 2019. The government has committed to consult with municipalities in 2019 regarding the future of the OMPF. The goal of this review is to ensure that the program remains sustainable and focused on the northern and rural municipalities that need this funding the most. Reductions in the funding have a significant impact on municipal finances, with the loss of revenue typically being made up through increased tax levies. This has the potential of adversely affecting housing affordability in the affected municipalities and is contrary to the Province's stated goal of improving housing affordability. The Town of Mono recommends that the OMPF be maintained at not less than its current funding level. I look forward to an earnest dialogue with the Province that recognizes the importance to municipalities of maintaining this program and the potential impact that reductions to funding will have. Regards, TOWN OF MONO Laura Ryan Mayor P: 519.941.3599 E: [email protected] 347209 Mono Centre Road F: 519.941.9490 W: townofmono.com Mono, ON L9W 6S3 Regular Council Meeting - May 21, 2019 Page 111 of 159 CC: Hon. Sylvia Jones, Solicitor General, MPP, Dufferin-Caledon All Ontario municipalities P: 519.941.3599 E: [email protected] 347209 Mono Centre Road F: 519.941.9490 W: townofmono.com Mono, ON L9W 6S3 Regular Council Meeting - May 21, 2019 Page 112 of 159 Health Santé Canada Canada Health Products Direction générale des produits and Food Branch de santé et des aliments Marketed Health Products Directorate A.L. 1912C OTTAWA, Ontario K1A 0K9 File: 19-101504-117 May 2, 2019 Dear Fire Marshals, Re: Illegal Marketing of Infrared Saunas to Fire Departments with False Cancer Prevention Claims Health Canada would like to alert you to the illegal sale and marketing of infrared saunas to fire departments for unproven and false medical claims such as prevention of cancer amongst fire fighters and detoxification of fire fighters. Health Canada has discovered that at least two Canadian fire departments have acquired them for the aforementioned purposes. We are also concerned that the issue may be more widespread. Health Canada assesses devices for their safety, quality and effectiveness before issuing a licence. Devices that are not licensed have not been assessed. Health Canada requests that you inform the fire departments in your province that Health Canada has not authorized for sale any infrared saunas as medical devices. Health Canada also invites fire departments to report any marketing of infrared saunas for medical purposes that they may encounter at drug-device- [email protected]. Please do not hesitate to contact us if you have any questions, or if you wish to confirm the authorized uses for any device that has been marketed to you for medical purposes. Sincerely, Alain G. Musende, PhD Manager, Section for Transparency and Advertising Regulatory Surveillance Marketed Health Products Directorate Tel: (613) 954-6780 Fax: (613) 948-7996 Regular Council Meeting - May 21, 2019 Page 113 of 159 RECEIVED MAY 07 2019 April 24, 2019 Township of HAVELOCK-BELMONT-METHUEN 1 Ottawa St. E. P. O. Box 10 Havelock (v KOL1Z Sub'ect: Canadian Pacific 2019 Ve etation Control Pro ram Dear Madam. Dear Sir: Pleasebe advisedthat CanadianPacific Railway (CP) will be carrying out its 2019 annual vegetation control program within your city limits. This program will be confined to CP's right-of-way -part, of this program will consist ofgrass andweed control using herbicides on the ballast (gravelled section) andthe secondpart (ifneeded) will take care ofthe brush on selected rail lines. The rail ballast portion ofthe program will take place within your municipality between May 18 andAugust 31st, as for the brush control, if needed, will be between May 21 and August 3 1st. Some manual brush control involving stump treatment may occur from May 21 until December 15. This program is necessary to eliminate brush andweeds which constitute a hazardto the public andto CP's employees as well. If left uncontrolled, vegetation contributes to trackside fires, impairs visibility oftrain signals, impairs sightlines at railway crossings, impairs proper inspection oftrack infrastructure, etc. This is all in accordance with Ontario Regulation 63/09, whichgrants public works the right to use herbicides when it comes to the safety oftheir infrastructure. All applications will be carried out by qualified operators in conformity with current federal and provincial regulations. This program will also be subject to all habitation and aquatic setbacks listed on the products' label. All herbicides are registered under the PMRA and they are all biodegradable. We invite you to visit CP's web site at www. cpr. ca, where a detailed schedule of our herbicides operations is posted. Move your cursor over "Community" (just above the main banner), a menu will open and then select the item "Living Near the Railway". Once on that page, click on "Ontario Spray Schedules" item listed on the far left of the screen and then click on "Ontario Spray Schedules", to see the actual schedule (it will open a pdfdocument). You can also use the following address with your browser: htt ://www.c r.ca/en/communit '/livin"-near-the-railvvav/bntario-s ra -schedules. . 11 Regular Council Meeting - May 21, 2019 Page 114 of 159 ,2 We also have a 24/7, toll-free service called Community Connect dedicated in providing answers to any question related to CP's railway operations and can be reachedat 1-800-766-7912. You can also send them an online form or an email. You can find all this information by simply scrolling down while on "Ontario Spray Schedules" webpage. We invite you to communicate this information to your citizens as well. We would like also to take this opportunity to remind you that, as per Transport Canada "Railway Safety Acf\ it is illegal to be on any railway property without lawful authorization. Yours truly, ^ ^ ,' c-/ Geoff Gordon VegetationManagement Specialist Canadian Pacific c. c. : Ministry of the Environment and C'imzte Change of0iitario Regular Council Meeting - May 21, 2019 Page 115 of 159 News Release For Immediate Release Date: May 15, 2019 To: Representatives of the Media From: Lynn Fawn, Manager, Legislative Services/Clerk Subject: 2019 Peterborough County Recognition Award Winners Announced May 15, 2019 - Peterborough County Council announced the 2019 Recognition Award Recipients at its May 15th, 2019 Regular Council Meeting. Warden J. Murray Jones stated: “We are extremely proud of our County residents and their accomplishments. County Council will recognize our award recipients at the 2019 Recognition Awards Ceremony to be held on May 24, 2019 at 7:00 p.m. at the Ennismore Community Centre, 553 Ennis Road. Accessibility Recognition (One County-wide Award) - A group, individual or business who has contributed to accessibility improvements within the County of Peterborough. Cavan Monaghan Peterborough Curling Club Acts of Heroism (Unlimited awards) - Individuals will have had to display bravery in the face of personal risk, injury or death, at an incident that took place either in the County of Peterborough or was to the benefit of a County of Peterborough resident and which action did not occur while the individual was acting in his/her professional capacity while on duty. Douro-Dummer Ryan McIlwain Havelock-Belmont-Methuen Evan King, Jeff King and Devin Gerow Selwyn Martin Schady and Craig Willoughby 470 Water Street Peterborough Ontario K9H 3M3 Phone: 705.743.0380 Toll Free: 1.800.710.9586 www.county.peterborough.on.caRegular Council Meeting - May 21, 2019 Page 116 of 159 News Release Agricultural Leadership (One award per municipality) - Any individual or farm enterprise is eligible to be nominated in this category. Factors that will be used to assess the nomination will include such items as innovations, agricultural promotion and the recognition brought to the County through its operation. It may include involvement in agricultural organizations. Leadership in the agricultural community will also be considered. Cavan Monaghan Allan Bigelow Douro-Dummer Norhill Farms Otonabee-South Monaghan Indian River Acres Selwyn Glenn & Nora Darling Business Leadership (One award per municipality) - This award will consider new and successful initiatives of both new and established businesses that have made outstanding contributions to the County of Peterborough. Businesses or individuals who have demonstrated excellence in the promotion of tourism within the County of Peterborough are also eligible under this category. Cavan Monaghan Pat Taylor – Taylor Made Signs Douro-Dummer Ray Johnston & Sons Heating & Air Conditioning Havelock-Belmont-Methuen Cag One Skate Sharpeners North Kawartha Accurate Accounting and Tax Service Otonabee-South Monaghan Rolling Grape Vineyard Selwyn The Bridgenorth Deli 470 Water Street Peterborough Ontario K9H 3M3 Phone: 705.743.0380 Toll Free: 1.800.710.9586 www.county.peterborough.on.caRegular Council Meeting - May 21, 2019 Page 117 of 159 News Release Community Volunteer of the Year (One award per municipality) - To recognize groups or individuals within the County of Peterborough who have demonstrated community involvement or volunteerism. Cavan Monaghan Marion Guthrie Douro-Dummer Knights of Columbus Havelock-Belmont-Methuen Deborah Ottley North Kawartha Frank Pacheco Otonabee-South Monaghan Millie McFarlane and Dorothy Jordison Selwyn Ennismore Garden Club Trent Lakes Bert Ireland Environmental/Sustainability Recognition: Nominees will have demonstrated innovation and/or leadership in environmental conservation, stewardship and sustainability by having: - Developed innovative green technologies, or - Started businesses to support and encourage sustainable living, or - Donated conservation lands or easements, or - Undertaken ecosystem restoration or research, or - Educated others about the importance of protecting the environment, or - Achieved the overall vision for sustainability through one of the identified theme areas set out in the Sustainable Peterborough Plan: Agriculture and Local Food; Climate Change; Cultural Assets; Economic Development and Employment; Healthy Communities; Land Use Planning; Natural Assets; Energy; Transportation; Waste; and Water. (One County-wide award.) Selwyn 1st Ennismore Sparks Unit, Ennismore Pathfinders, Kawartha Waterways Scouts, Ennismore Optimist Soccer 470 Water Street Peterborough Ontario K9H 3M3 Phone: 705.743.0380 Toll Free: 1.800.710.9586 www.county.peterborough.on.caRegular Council Meeting - May 21, 2019 Page 118 of 159 News Release Heritage Preservation (One County-wide award) - This award will be presented to either a group or individual that promotes heritage and preserves the history of Peterborough County. This could include, but is not limited to, Fair boards, Women’s Institutes, historical societies, etc. A community, public or private organization which has reached a significant milestone such as 100th anniversary of the organization is also eligible under this category. (Birthdays and anniversaries will be recognized on an on-going basis as requested.) Asphodel-Norwood 50 Years and Growing Leadership in Arts and Culture (One award per municipality) - An individual or group will have demonstrated excellence in the arts, bringing recognition to Peterborough County. Cavan Monaghan The Millbrook Gallery Douro-Dummer Susan Lappin – Free-to-Be-Photography North Kawartha Cathy Pannaertz Otonabee-South Monaghan Keene Centre for the Arts Selwyn Kate Brioux Sporting Excellence (One County-wide award) - Teams or individuals must have won a provincial, national or international sporting event. Douro-Dummer Grace VandenBroek Youth (One award per municipality) - Awarded to an individual 25 years of age or younger who has contributed to the betterment of the community and/or school environment. Asphodel-Norwood Emily Buchanan Cavan Monaghan Matthew Greber Otonabee-South Monaghan Alex Davidson Selwyn Abbigail Bunn 470 Water Street Peterborough Ontario K9H 3M3 Phone: 705.743.0380 Toll Free: 1.800.710.9586 www.county.peterborough.on.caRegular Council Meeting - May 21, 2019 Page 119 of 159 News Release Plans are underway for the 2020 Recognition Awards to be held in the Township of Cavan Monaghan on Friday, May 22nd, with nominations due on March 15th, 2020. -30- 470 Water Street Peterborough Ontario K9H 3M3 Phone: 705.743.0380 Toll Free: 1.800.710.9586 www.county.peterborough.on.caRegular Council Meeting - May 21, 2019 Page 120 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN To: Mayor Martin and Members of Council From: Bob Angione, Clerk Meeting Date: May 21, 2019 Subject: Councillor Activity Report PURPOSE: The purpose of this report is to provide a summary of Council Member activities including Committee Liaison meetings. RECOMMENDATION: That the report of the Clerk providing a summary of Council Member activities including Committee Liaison meetings be received for information. BACKGROUND: The summary of Council activities is as follows and reflects submissions received: Councillor Pomeroy 1. Attended a meeting of the Library Board on March 25, 2019. The minutes of that meeting are attached to this report. Councillor Webb 1. Attended Economic Development Committee on May 14, 2019. Deputy Mayor Gerow 1. Attended a meeting of County Council on May 15, 2019. Mayor Martin 1. Attended Economic Development Committee on May 14, 2019. 2. Attended a meeting of County Council on May 15, 2019. 3. Attended a meeting of the Crowe Valley Conservation Authority on May 16, 2019. Regular Council Meeting - May 21, 2019 Page 121 of 159 Report – Councillor Activities Page 2 of 2 FINANCIAL IMPACT: There is no financial impact associated with the summary of Council activities on this meeting’s agenda. Respectfully Submitted: Bob Angione Bob Angione Clerk Regular Council Meeting - May 21, 2019 Page 122 of 159 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN To: Mayor Martin and Members of Council From: Bob Angione, Clerk Meeting Date: May 21, 2019 Subject: New/Other Business Items PURPOSE: The purpose of this report is to provide a summary of New Business or Other Business items identified by Members of Council and not listed earlier on this meeting’s agenda. RECOMMENDATION: That the report of the Clerk providing a summary of New Business and Other Items identified by Members of Council be received for information; and further That any items requiring follow-up action be considered through an appropriate resolution of Council. BACKGROUND: The summary of New Business or Other Business items is as follows and reflects submissions received: Councillor Ellis 1. Requests that a policy be developed to deal with accounts receivable issues such as payment interest and fees/repair bills or item costs fronted by HBM. Councillor Webb 1. Purchase of signs for the Farmer’s Market further to the delegation from Elmer Buchanan at the Regular Council Meeting held on February 4, 2019. Councillor Pomeroy 1. Request to join the two existing culverts at 3 Pomeroy Drive. 2. Remove Bell Line from culvert at 3 Pomeroy Drive. Regular Council Meeting - May 21, 2019 Page 123 of 159 Report – New Business Page 2 of 2 3. Request Incident Reports following accidents or near misses for all Township vehicles. Deputy Mayor Gerow 1. Requests update from staff regarding Affordable Housing/Assisted Living Project. 2. Requests update from staff on Long-Term Care Project. 3. Requests that Public Works Department fill potholes on North School Road. 4. Council to provide direction to staff regarding permitted second dwelling units as a result of information provided by the provincial government. 5. Council to proceed with necessary steps for the development of a new cell for the wastewater treatment facility in order to accommodate future development. 6. Update on request for directional signs on Highway 7 promoting Rotary Park. Mayor Martin 1. Discussion regarding the implementation of a simple by-law pertaining to graffiti and yard cleaning. 2. Review of Celebrate Havelock. FINANCIAL IMPACT: There is no financial impact associated with the Summary of New Business or Other Business Items on this meeting’s agenda. Respectfully Submitted: Bob Angione Bob Angione Clerk Regular Council Meeting - May 21, 2019 Page 124 of 159 (Beasley) THE CORPORATION of the TOWNSHIP OF HAVELOCK-BELMONT-METHUEN P.O. Box 10, 1 Ottawa Street East Havelock, ON K0L 1Z0 FORM 1 THE PLANNING ACT, R.S.O., 1990, as amended NOTICE OF PASSING OF A ZONING BY-LAW TOWNSHIP OF HAVELOCK-BELMONT-METHUEN TAKE NOTICE that the Council of the Corporation of the Township of Havelock-Belmont- Methuen passed By-law No. 2019-051 on the 21st day of May 2019 under Section 34 of the Planning Act, R.S.O., 1990. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Municipal Clerk of the Township of Havelock- Belmont-Methuen not later than the 11th day of June 2019 a notice of appeal setting out the reasons for the objection to the By-law and reasons in support of the objection to the By-law. The notice of appeal must be accompanied by a cheque or money order for $300.00 made payable to the Minister of Finance. Prior to the passing of the By-law Council received no oral and/or written submissions which resulted in revisions to the By-law. Only individuals, corporations and public bodies may appeal a Zoning By-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the Council or, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party. Our records, at this time, indicate that the land which is subject of this Application for Rezoning is not the subject of any other application under The Planning Act. An explanation of the purpose and effect of the By-law, describing the lands to which the By-law applies, and a Key Map showing the location of the lands to which the By-law applies are attached. The complete By-law is available for inspection in the municipal office during regular office hours. Dated at the Township of Havelock-Belmont-Methuen this 22nd day of May 2019. Mr. Robert Angione, M.P.A., B.Admin Municipal Clerk Township of Havelock-Belmont-Methuen P.O. Box 10, 1 Ottawa Street East Havelock, ON K0L 1Z0 (705) 778-2308 (705) 778-5248 (fax) Regular Council Meeting - May 21, 2019 Page 125 of 159 EXPLANATORY NOTE 1. By-law No. 2019-051 has the following purpose and effect. The Township of Havelock-Belmont-Methuen is in receipt of an application for a Zoning By-law Amendment to amend the zoning of certain lands located in Part Lot 15, Concession 7, being 159 Fire Route 82D, in the Methuen Ward (Beasley). The subject lands are currently zoned “Seasonal Residential (SR) Zone”. The proposed zoning by-law amendment will change the zone to “Special District 222-Holding (S.D. 222-H) Zone” in order to permit the redevelopment of the lot in the form of a single detached vacation dwelling inclusive of an attached garage and screened porch, as well as attached decks together with a new septic system and drilled well; while also introducing certain site specific regulations. 2. A key map showing the location of the lands to which By-law No. 2019-051 applies is provided below. Regular Council Meeting - May 21, 2019 Page 126 of 159 (Beasley) THE CORPORATION OF THE TOWNSHIP OF HAVELOCK-BELMONT-METHUEN BY-LAW NO. 2019-051 BEING A BY-LAW TO AMEND BY-LAW NO. 1995-42, AS AMENDED, OTHERWISE KNOWN AS THE "THE TOWNSHIP OF HAVELOCK-BELMONT-METHUEN COMPREHENSIVE ZONING BY-LAW". WHEREAS the Corporation of the Township of Havelock-Belmont-Methuen is in receipt of an application to amend By-law No. 1995-42, as amended. AND WHEREAS the Council of the Corporation of the Township of Havelock-Belmont-Methuen reviewed the rezoning application and now deems it advisable to further amend By-law No. 1995-42, as amended. NOW THEREFORE, the Council of the Corporation of the Township of Havelock-Belmont- Methuen hereby enacts as follows: "1. That Schedule ‘A2' of By-law No. 1995-42, as amended, is hereby further amended by changing the zone category of certain lands located in Part Lot 15, Concession 7 in the Methuen Ward from ‘Seasonal Residential Zone (SR) Zone’ to ‘Special District 222- Holding (S.D. 222-H) Zone’, as illustrated on Schedule ‘A’ attached hereto and forming part of this by-law. 2. That Section 4.45 (Special Districts) of By-law No. 1995-42, as amended, is hereby further amended with the addition of a new sub-section, namely 4.45.222, which shall read as follows: “4.45.222 Special District 222 (S.D. 222) No person shall within any ‘Special District 222 (S.D. 222) Zone’ use any land, or erect, alter or use any building or structure except in accordance with the following provisions: 4.45.222.1 Permitted Uses a) Single Detached Vacation Dwelling 4.45.222.2 Regulations for Uses Permitted in Section 4.45.222.1 All provisions and regulations of Section 11 of By-law No. 1995- 42, as amended, as they apply to the ‘Seasonal Residential (SR) Zone’, shall also apply to any ‘Special District 222 (S.D. 222) Zone’. 4.45.222.3 Special Front Lot Line Provisions Notwithstanding any provision provided in Section 2 – Defintions of ‘LOT’ and ‘LOT FRONTAGE’ to the contrary, in any ‘Special District 222 (S.D. 222) Zone’ where the subject lands are separated from the shoreline by a shoreline road Regular Council Meeting - May 21, 2019 Page 127 of 159 allowance, the shoreline road allowance of the lot shall be deemed to be the Front Lot Line. 4.45.222.4 Special Water Setback Provisions Notwithstanding any provisions of Section 4.36 of By-law No. 1995-42 as amended to the contrary, the minimum water setback in the ‘Special District 222 (S.D. 222) Zone’ shall comply with the following: a) Single Detached Cottage Dwelling 25 m b) Screened Porch 29.5 m c) Attached Waterfront Deck 21.9 m d) Shed 22.9 m 4.45.222.5 Special Requirement The placement of any buildings and structures and the required setback from any ‘Special District 222 (S.D. 222) Zone’ boundary shall be staked by an Ontario Land Surveyor prior to the commencement of any site alterations or construction. 4.45.222.6 Holding Provision The holding provision (H) shall only be removed following such time as all requisite Agreements have been executed between the Owner and the Municipality. 4.45.222.7 All other provisions of By-law No 1995-42, as amended, as they apply to the ‘Seasonal Residential (SR) Zone’ shall also apply to any ‘Special District 222 (S.D. 222) Zone’.” If no notice of objection is filed with the Municipal Clerk within the time provided, this By-law shall become effective on the date of passing. If a notice of objection is filed with the Municipal Clerk, this By-law shall become effective on the date of passing hereof subject to the disposition of any appeals. Read a FIRST, SECOND, and THIRD TIME and FINALLY passed this 21st day of May 2019 and given By-law No. 2019-051 ______ MAYOR MUNICIPAL CLERK ******************************************* I, Robert Angione, Clerk of the Corporation of the Township of Havelock-Belmont-Methuen, do hereby certify that the foregoing is a true copy of By-law No. 2019-051 passed by Council of the said Corporation on the 21st day of May 2019. ______ MUNICIPAL CLERK Regular Council Meeting - May 21, 2019 Page 128 of 159 This is Schedule ‘A’ to By-law 2019-051 ______Mayor ______Clerk Regular Council Meeting - May 21, 2019 Page 129 of 159 THE CORPORATION of the TOWNSHIP OF HAVELOCK-BELMONT-METHUEN P.O. Box 10, 1 Ottawa Street East Havelock, ON K0L 1Z0 Tel: (705) 778-2308 Fax: (705) 778-5248 Affidavit of Service under Section 34(22) of the Planning Act, R.S.O., 1990, as amended I, Robert Angione hereby declare that the Notice for By-law No. 2019-051 the Corporation of the Township of Havelock-Belmont-Methuen, passed by the Council of the Corporation on the 21st day of May, 2019 was given in the manner and form and to the persons and agencies prescribed by regulation under subsection 18 of Section 34 of the Planning Act, R.S.O., 1990, as amended. I also certify that the appeal period expired on June 11th, 2019 and to this date, no notice of appeal has been filed by any person or agency in the office of the Clerk. DATED this 12th day of June 2019. ______Mr. Robert Angione, M.P.A., B.Admin, Municipal Clerk Regular Council Meeting - May 21, 2019 Page 130 of 159 Corporation of the Township of Havelock-Belmont- Methuen By-law Number 2019 – 052 Being a by-law to amend By-law No. 2014-69 and By-law No. 1995-42, as amended, otherwise known as the "The Township of Havelock- Belmont-Methuen Comprehensive Zoning By-law". WHEREAS By-law No. 2014-069, as passed by the Council of the Corporation of the Township of Havelock-Belmont-Methuen on October 20, 2014 had the effect of placing a holding provision (H) on certain lands located in Part Lot 23, Concession 3, with municipal address of 16 FR 83B in the Methuen Ward, in the Township of Havelock-Belmont-Methuen; AND WHEREAS requisite conditions have now been met to the satisfaction of the Township; AND WHEREAS pursuant to Section 36(4) of The Planning Act, R.S.O. 1990, as amended, a by-law may be passed by Council for removing a Holding Provision (H); AND WHEREAS, the Township of Havelock-Belmont-Methuen has previously given notice of intention to consider such a by-law; NOW THEREFORE, the Council of the Corporation of the Township of Havelock-Belmont- Methuen hereby enacts as follows: 1. That Schedule ‘A2’ of By-law No. 1995-42, as amended by By-law No 2014-69, is hereby further amended by the removal of the Holding Symbol (H) on those lands described as Part Lot 23, Concession 3, municipal address of 16 FR 83B in the Methuen Ward, in the Township of Havelock-Belmont; and will henceforth be zoned as “Special District 143 (S.D. 143) Zone” as illustrated on Schedule ‘A’ attached hereto and forming part of this by-law. The subject lands are otherwise zoned in accordance with Schedule ‘A’ and the corresponding provisions of By-law No. 2014-69 and 1995-42, as amended. Read a FIRST, SECOND, and THIRD TIME and FINALLY passed this 21st day of May 2019 and given By-law No. 2019-052. ______MAYOR MUNICIPAL CLERK Regular Council Meeting - May 21, 2019 Page 131 of 159 Schedule ‘A’ to By-law 2019-052 Lands zoned from “Special District 143-Holding (S.D.143-H) Zone” to “Special District 143 (S.D. 143) Zone” Regular Council Meeting - May 21, 2019 Page 132 of 159 Corporation of the Township of Havelock-Belmont-Methuen By-law Number 2019 - 053 Being a by-law to authorize the Mayor and Clerk to enter into a Temporary Use Agreement with Brent Lehman and Debra Lehman for the use of their existing single-family dwelling during the construction of the new single-family dwelling on property described as Plan 15, Part Lot 14, RP45R 11256 Part 1, geographic Township of Methuen, now in the Township of Havelock-Belmont- Methuen, in the County of Peterborough, identified by Assessment Roll No. 15-31-010-769-500-0000, located at 34 Fire Route 87A WHEREAS Section 11 (1) of the Municipal Act, 2001, provides broad authority to a lower tier municipality to provide any service or thing that a municipality considers necessary or desirable for the public; AND WHEREAS Section 11 (2)(6) of the Municipal Act, 2001, provides that a lower tier municipality may pass by-laws respecting the health, safety and well-being of persons; AND WHEREAS Section 11 (3)(7) of the Municipal Act, 2001, provides that a lower tier municipality may pass by-laws respecting structures; AND WHEREAS the Council of the Township of Havelock-Belmont-Methuen deems it expedient to enter into a Temporary Use Agreement with Steven Talbot and Darlene Simmons for the use of their existing single-family dwelling during the construction of the new single-family dwelling on property located at Concession 3 Part Lot 19 Belmont Township, identified by Assessment Roll No. 15-31-010-006- 395502; NOW THEREFORE the Council of the Corporation of the Township of Havelock- Belmont-Methuen hereby enacts as follows: 1. That the Mayor and Clerk are authorized to enter into a Temporary Use Agreement with Brent Lehman and Debra Lehman for the use of their existing single-family dwelling during the construction of the new single-family dwelling on property described as Plan 15, Part Lot 14, RP45R 11256 Part 1, geographic Township of Methuen, now in the Township of Havelock-Belmont- Methuen, in the County of Peterborough, identified by Assessment Roll No. 15- 31-010-769-500-0000, located at 34 Fire Route 87A. Regular Council Meeting - May 21, 2019 Page 133 of 159 By-law 2019—053 Temporary Use Agreement – Lehman Page 2 of 2 2. That a copy of the agreement is attached hereto as Schedule ‘A’ and forms part of this by-law. 3. That this by-law shall take effect upon passing. Read a first, second and third time and finally passed in open Council this 21st day of May, 2019. ______Jim Martin, Mayor Robert V. Angione, Clerk Regular Council Meeting - May 21, 2019 Page 134 of 159 Schedule ‘A’ to By-law 2019-053 Being a by-law to authorize the Mayor and Clerk to enter into a Temporary Use Agreement with Brent Lehman and Debra Lehman for the use of a travel trailer during the construction of the new single-family dwelling on property described as Plan 15, Part Lot 14, RP45R 11256 Part 1, geographic Township of Methuen, now in the Township of Havelock-Belmont-Methuen, in the County of Peterborough, identified by Assessment Roll No. 15-31- 010-769-500-0000, located at 34 Fire Route 87A. Regular Council Meeting - May 21, 2019 Page 135 of 159 Agreement with Brent Lehmau and Debra lehman Page 1 of 4 THIS AGREEMENT made in triplicate this 21st day of May, 2019. BETWEEN: BRENT LEHMAN AND DEBRA LEHMAN Hereinafter called the "OWNER" of the FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF HAVELOCK-BELMONT-METHUEN Hereinafter called the "MUNICIPALITY" of the SECOND PART WHEREAS the Owner are the registered owners of real property described as Plan 15, Part Lot 14, RP45R 11256 Part 1, geographic Township ofMethuen, now in the Township ofHavelock-Belmont-Methuen, in the County of Peterborough being described in schedule "A" attached hereto; Roll No. 1531 010 7 69500 0000; municipally known as 34 Fire Route 87A, hereinafter referred to as "the lands"; AND WHEREAS the owner has made an application to the Council of the Township of Havelock-Belmont-Methuen for permission to allow the existing single-family dwelling continue to be used during the construction of their new dwelling on the lands as described; AND WHEREAS the Council of Havelock-Belmont-Methuen has authorized that an agreement be entered into with Brent Lehman and Debra Lehman to permit them to reside in their existing single-family dwelling while their new dwelling is being built for a six-month term; with the agreement registered on title at the applicant's expense; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO-----($2. 00)-----DOLLARS now paid by each party to the other, the receipt in sufficiency whereof is hereby by each of them respectively acknowledged and in further consideration of the mutual provisions and covenants hereinafter set forth, the parties hereto covenant and agree as follows: 1. That the Municipality agrees to relax the provisions of Section 6. 1 of the Zoning By- law in this specific case to permit the Owner to use the existing dwelling during the construction of their new dwelling, for a period of six (6) months maximum from the date of this agreement. Regular Council Meeting - May 21, 2019 Page 136 of 159 Agreement with Brent Lehmanand Debra lehman Page 2 of 4 2. The Owner agrees to immediately apply for a building permit for the new residential dwelling, and to provide all required documentation and structural design plans necessary to have a building permit issued. 3. The Owner agrees to have the existing dwelling demolished and its location cleaned up to the satisfaction of the municipality by the 21st day of November, 2019. 4. The Owner agrees to protect their neighbours from disturbing noise levels by not operating a generator on the property after 11:00 p. m. or before 8:00 a. m., and to abide by all other by-laws of the Municipality. 5. The Owner covenants and agrees to indemnify and save harmless the Municipality for any damages or losses to their property resulting from the permission granted in this agreement. 6. The Owner acknowledges that any breach of this agreement would render the agreement null and void and may be restrained by way of a mandatory injunction. The Owner specifically acknowledges that this agreement may be pleaded in a court of competent jurisdiction in support of any application for injunctive relief which might be brought by the Municipality. 7. This agreement shall be read with such changes of gender and number as the context may require. 8. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. 9. The Owner hereby consents to the registration of this agreement against those lands owned by the Owner as identified in this agreement. The Owner agrees to be responsible for the cost to register the agreement on title to the lands. The Owner also agrees to be responsible for the cost to remove the registration from the title to the lands when the term of the agreement expires. The Owner agrees to provide a $1, 200. 00 deposit with the township to register and remove the agreement from title. Regular Council Meeting - May 21, 2019 Page 137 of 159 Agreement with Brent Lehman and Debra lehman Page3 of 4 7 Witness- BR NTLEH AN- NER . ^J^ DEBRA LEHMAN- OWNER THE CORPORATION OF THE TOWNSHIP OF HAVELOCK-BELMONT-METHUEN Per: JAMES MARTIN, MAYOR ROBERT ANGIONE, CLERK Regular Council Meeting - May 21, 2019 Page 138 of 159 Agreement with Brent Lehmanand Debra lehman Page 4 of 4 Schedule "A" Le al Descri tion Plan 15, Part Lot 14, RP 45R11256 Part 1, geographic Township of Methuen, 34 Fire Route 87A, now part of the Township of Havelock-Belmont-Methuen Regular Council Meeting - May 21, 2019 Page 139 of 159 Corporation of the Township of Havelock-Belmont- Methuen By-law Number 2019 – 054 Being a by-law to authorize the Mayor and the Clerk to execute an Environmental Impact Mitigation Measures Agreement between the Corporation of the Township of Havelock-Belmont-Methuen and Irene Ramsperger pertaining to those lands described in Schedule “A” of the Mitigation Agreement as Part of Lot 6, Concession 12, Township of Havelock-Belmont-Methuen and bearing PIN 28231-0063 and being Parts 1, 2 and 3 on Plan 45Rl6808, further to the condition for granting of a consent by the Peterborough County Land Division Committee for Consent File No. B-12-18. Whereas Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal Council shall exercise its powers by By-Law; and Whereas Section 9 of the Municipal Act 2001, as amended, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; and Whereas Section 11 of the Municipal Act, 2001, as amended, specifies the Spheres of Jurisdiction in which the Municipality may pass By-Laws; and Whereas the Council of the Township of Havelock-Belmont-Methuen deems it expedient to enter into an agreement with the landowner pertaining to the condition for granting of a consent by the Peterborough County Land Division Committee for Consent File No. B-12-18; Now Therefore the Council of The Corporation of the Township of Havelock-Belmont- Methuen enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute an Environmental Impact Mitigation Measures Agreement between the Corporation of the Township of Havelock-Belmont-Methuen and Irene Ramsperger pertaining to those lands described in Schedule “A” of the Mitigation Agreement as Part of Lot 6, Concession 12, Township of Havelock-Belmont-Methuen and bearing PIN 28231- 0063 and being Parts 1, 2 and 3 on Plan 45Rl6808, further to the condition for granting of a consent by the Peterborough County Land Division Committee for Consent File No. B-12-18. Regular Council Meeting - May 21, 2019 Page 140 of 159 By-law 2019-053 Mitigation Agreement – Ramsperger Page 2 of 2 2. That the Environmental Impact Mitigation Measures Agreement is attached hereto as Schedule ‘A’ and forms part of this by-law. 3. That this By-law and Agreement shall be registered on title. 4. That this By-law shall come into force and effect on the date of passage by the Council of the Corporation of the Township of Havelock-Belmont-Methuen. Read a first, second, and third time and finally passed in Open Council this 21st day of May, 2019. ______Jim Martin, Mayor ______Robert V. Angione, Clerk Regular Council Meeting - May 21, 2019 Page 141 of 159 Schedule ‘A’ to By-law 2019-054 Being a by-law to authorize the Mayor and the Clerk to execute an Environmental Impact Mitigation Measures Agreement between the Corporation of the Township of Havelock-Belmont- Methuen and Irene Ramsperger pertaining to those lands described in Schedule “A” of the Mitigation Agreement as Part of Lot 6, Concession 12, Township of Havelock-Belmont-Methuen and bearing PIN 28231-0063 and being Parts 1, 2 and 3 on Plan 45Rl6808, further to the condition for granting of a consent by the Peterborough County Land Division Committee for Consent File No. B-12-18. Regular Council Meeting - May 21, 2019 Page 142 of 159 EnvironmentalIm actMiti attonMeasures reenient THISAGREEMENTmade in duplicate fhis 14* day of May, 2019. BETWEEN: iRENERAIVISPERSER Hereinafter called the Applicant OFTHE FIRSTPAKT AND THECORPORAT10N OFTHE TOWNSHIP OF HAVEIOCK-BEUVIONT-METHUEN Herein after called the Corporation OFTHE SECOND PART !!ISE/^e0^ teapp1^tothfi P^AOreu^ ^un^ ^ ^.^^c^^^?=l=^^s^x h, beingdescribed on Schedule "A" attached hereto. - . "-' . ANDWHEREAS the Committee file no. isfi-12-18. c°untyLand lNlw Asl"a"-ptterl'°r°"gh oh""on comm1"" " """""e Directorhas XfllteSenS:^^LTSt"hlc°^"that'tte^ ^enT1!w!ththec 1' grwmwtt as perscheduie "B" attached and all Jtl3 hereto, conditfons herein may be enforced bythe Mumapality bycourt action. 2' ^!8r^"!entshati bereglstered ypo"the tltle ofthesa'd lands at the Land Registry offic!a"h&SGIeexpenseofthe W'cantpriortothe registrationor ddivery of ^ other ^ni^and prtortothe issuance of certificate of consem to sever ar^m default . consent to severshall bedeemed to have been refused. 3. m landsaffected bythis agreement are described in Schedule AA" attaGhed hereto. 4. TOsareefflentshairensytetQthe benefit of and be binding upon the^rtfes'hereto and . respective heirs, executors, acfminfstrators andassigns. 5' Theappii£a"tsh3"^ re^omfbte for aM costs ofpreparatiOR, review, registration and release from title if the same is required. Regular Council Meeting - May 21, 2019 Page 143 of 159 Regular Council Meeting - May 21, 2019 Page 144 of 159 Page |2 Environmental Impact Mitigation Measures Agreement IN WFTNESS WHEREOF the Owner and the Applicant ave affixed their respective Hands and seals and the Corporation has affixed it corporate seal unde the nds of its Reeve and Clerk. SIGNED,SEALED AND DELIVERED In the presence of Applicant: /l/'-»} /3 *K^y^f/ a*^^-*^« / /<<^^'*^ Applicant: BarrBttraadSpKcitor THE CORPORATIONOF Reeve Clerk Regular Council Meeting - May 21, 2019 Page 145 of 159 Page | 2 Environmental Impact Mitigation Measures Agreement IN WITNESS WHEREOF the Owner and the Applicant have affixed their respective Hands and seals and the Corporation has affixed it corporate seal under the hands of its Reeve and Clerk. SIGNED, SEALEDAND DELIVERED In the presence of ) ) Applicant: ) ) ) Applicant: THE CORPORATIONOF eeve) /T7a-^\ /f^ Regular Council Meeting - May 21, 2019 Page 146 of 159 Page |3 Environmental Impact Mitigation Measures Agreement SCHEDULE "A" Description of Severed Parcel Partof Lot 6, Coneession 12, Township of Havelock-Befmont-Methuen andbearing PIN 28231-0063 and being Parts 1, 1 and 3 on Plan 45R16808. Regular Council Meeting - May 21, 2019 Page 147 of 159 Page | 4 Environmental Impact Mitigation Measures Agreement SCHEDULE"B" Environmental Impact Mitigation Measures (Taken from the "Recommendations" Section of the EIA, or written into the decision step by step.) 10. Recommendations 10. 1 Provided the following mitigation practices are implemented at the site, the proposed lot severances could occur with no perceptible impacts on the natural features: . A 30 m setback shall be established from both the PSW and the unevaluated wetland features for the Proposed North Lot and South Lot, respectively; . A 6 m setbackshall be establishedfrom the flood location (as perthe 2016 and 2015 aerial photography) corresponding to the North Lot; . A 30 m setback shall be established from the F)D% DeciduousWoodland SignificantWildlife Habitat (SWH) associated with the North Lot. However, this setbackwill be somewhat redundantas it will be entirely encapsulated by the required setback from the unevaluated wetland in this area. As such, there should be no requirement to establish a separate setback in this regard. 10.2 Providedthe lots are approved, any proposed developments withinthe grassland habitat of the Eastern Meadowlark and Bobolink (as outlined on Figure 6) may require permitting by the Ministry of Natural Resources and Forestry (MNRF). Therefore, future lot owners should contact the MNRF to determine any restrictions or permitting requirements. It is possible that additional studies may be required if alterations are proposed within the habitat of these threatened species. 10. 3 Provided the lots are approved and new development can proceed, proper erosion/sedimentation controls will be required at all times while heavy equipment is in operation. Silt fencing (double-row) must be installed to identifythe boundaries ofthe approved development envelope (i. e., work areas) and to serve as barriersto prevent construction activities from imposing on any setbacks. Regular Council Meeting - May 21, 2019 Page 148 of 159 Page |5 Environmental Impact Mitigation Measures Agreement Bales of straw should be strategically located inside the silt fencing, especially in areas where heavier sediment loads may occur during precipitation events. The bales can also be used at the corners of the silt fence to improve stability. Construction should not continue during heavy precipitation events. After any such events, the fence and bales should be checked to ensure their effectiveness. The silt fence and hay bales provide a solution to mitigate sheet runoff, not concentrated flows. Therefore, if a concentrated flow results from the construction on-site, this may require another type of erosion/sedimentation control such as a rock check dam with geotextile filter cloth to ensure any sediment laden runoff is prevented from leaving the construction area(s). The new lot owner's contractor should incorporate any erosion controls in their Site Plan/GradingPlan to ensure the PSWand unevatuated wetland are not impacted by sediment laden runoff during construction. Only clean fill should be imported to the site. The fill should not contain organic materials such as plant debris or topsoil that may carry with it exotic or invasive species that could out-compete native species in the on-site wetland. If imported topsoil is required, then screened topsoil should be the only material applied as top dressing. 10.4 Certain types of machinery can generate excessive noise that can disturb bird species duringthe nesting, breedingand fledge period. To mitigate the potential for impacts resulting from excessive noise and/or physical disturbances that could flush nesting birds in the forests, tree removal on-site must not occur between April 1 and August 31st, corresponding to the main Breeding Bird period in the Migratory Bird Convention Act. 10.5 Following any construction, all disturbed areas shall be quickly seeded orsodded with native grass species to re-establish the root structure within the upper soils. The new lot owners are encouraged to plant native trees and shrubs within the buffers. Once the seeding or sodding is determined to be a success and the soils are stable, the erosion/sedimentation controls can be removed. 10.6 The following post-construction considerations are relevant to the site and would eventually apply to any future owners of the new lots: Regular Council Meeting - May 21, 2019 Page 149 of 159 Page | 6 Environmental Impact Mitigation Measures Agreement The property includeswetland habitatwhich possess light sensitive species such as amphibians.The new lot owners should refrain from directing excessive lighting toward these habitats. It is recommended that they use only low wattage lighting to light driveways and paths. In doingso, they will retain the natural integrity ofthese habitats and rural-type setting. It is expected that this would apply only to the North Lot where a new residential development is anticipated. The existing residence and commercial components on the South Lot are directly north of the PSWand are already located well outside the limit of the PSW. Therefore, lighting impacts are not an issue on this lot. The buffer/setbackzones are to be left in a natural state. Therefore, it would be beneficialto plant native vegetation in these zones. There are a variety of native trees/shrubs and grassspecies that could be planted within this zone to give it a more landscaped appearance. Regular Council Meeting - May 21, 2019 Page 150 of 159 UNDERTAKING TO- The Corporation of the Township ofHavelock-Belmont-Methuen RE: Irene Ramsperger Severance ApplicationNo. : B-13-18 I, Solicitor Neil R. H. Burgess, hereby personally undertake to register the Environmental Impact Mitigation Measures Agreement immediately following registration ofthe Transfer to effect this severance. Dated at Picton, this 15m day of May, 2019 Neil R. H. Burgess Regular Council Meeting - May 21, 2019 Page 151 of 159 Corporation of the Township of Havelock-Belmont- Methuen By-law Number 2019 – 055 Being a By-law to authorize the Mayor and the Clerk to execute an Agreement between the Corporation of the Township of Havelock-Belmont-Methuen and 289253 Ontario Inc. and Christine Anne Babb and Lynda Babb; for the merger of lands described in Schedule “A” of the Merger Agreement as Part Lot 19, Concession 7, Belmont AS IN R728530; s/t R492194, Township of Havelock-Belmont-Methuen, County of Peterborough, Except forfeited mining rights if any; PIN 28234-0365; and lands described in Schedule “B” as Part Lot 19, Concession 7, Belmont AS IN R706888 T/W R535987, Township of Havelock-Belmont-Methuen, County of Peterborough, Except forfeited mining rights if any, Part PIN 28234-0355. Whereas Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal Council shall exercise its powers by By-Law; and Whereas Section 9 of the Municipal Act 2001, as amended, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; and Whereas Section 11 of the Municipal Act, 2001, as amended, specifies the Spheres of Jurisdiction in which the Municipality may pass By-Laws; and Whereas the Council of the Township of Havelock-Belmont-Methuen deems it expedient to enter into an agreement with the landowners to permit the merger of properties; Now Therefore the Council of The Corporation of the Township of Havelock-Belmont- Methuen enacts as follows: 1. That the Mayor and the Clerk are hereby authorized to execute an Agreement between the Corporation of the Township of Havelock-Belmont-Methuen and 289253 Ontario Inc. and Christine Anne Babb and Lynda Babb; for the merger of lands described in Schedule “A” of the Merger Agreement as Part Lot 19, Concession 7, Belmont AS IN R728530; s/t R492194, Township of Havelock- Belmont-Methuen, County of Peterborough, Except forfeited mining rights if any; PIN 28234-0365; and lands described in Schedule “B” as Part Lot 19, Concession 7, Belmont AS IN R706888 T/W R535987, Township of Havelock- Belmont-Methuen, County of Peterborough, Except forfeited mining rights if any, Part PIN 28234-0355. Regular Council Meeting - May 21, 2019 Page 152 of 159 By-law 2019-055 Merger Agreement – Babb Page 2 of 2 2. A copy of the Merger Agreement is attached hereto as Schedule “A” and forms part of this by-law. 3. That this By-law and Agreement shall be registered on title. 4. That this By-law shall come into force and effect on the date of passage by the Council of the Corporation of the Township of Havelock-Belmont-Methuen Read a first, second, and third time and finally passed in Open Council this 21st day of May, 2019. ______Jim Martin, Mayor ______Robert V. Angione, Clerk Regular Council Meeting - May 21, 2019 Page 153 of 159 Schedule ‘A’ to By-law 2019-055 Being a By-law to authorize the Mayor and the Clerk to execute an Agreement between the Corporation of the Township of Havelock-Belmont-Methuen and 289253 Ontario Inc. and Christine Anne Babb and Lynda Babb; for the merger of lands described in Schedule “A” of the Merger Agreement as Part Lot 19, Concession 7, Belmont AS IN R728530; s/t R492194, Township of Havelock-Belmont-Methuen, County of Peterborough, Except forfeited mining rights if any; PIN 28234- 0365; and lands described in Schedule “B” as Part Lot 19, Concession 7, Belmont AS IN R706888 T/W R535987, Township of Havelock-Belmont-Methuen, County of Peterborough, Except forfeited mining rights if any, Part PIN 28234-0355. Regular Council Meeting - May 21, 2019 Page 154 of 159 MERGER AGREEMENT THIS AGREEMENT made in duplicate this 26th day of April, 2019 BETWEEN: 289253 ONTARIOINC. Hereinafter called the Applicant OF THE FIRST PART AND CHRISTINE ANNE BABB LYNDA BABB Hereinafter called the Transferees OF THE SECONDPART AND THECORPORATION OFTHE TOWNSHIP OF HAVELOCK-BELMONT-METHUEN Hereinafter called the Corporation OF THE THIRD PART W^ER^ASAe_ownershave aPPliedto thePeterborough County LandDivision ?fte ^ acnon,sent-toseverPart °fLot 19 Concessio^7Tnth'eG^g;a^r IO,wnushipofBelmont' TownshiP ofHaveIock-Belmont'-MethuenTc^v1^ Peterborough being described on Schedule-"A"-armexed hereto.^"' AND WHEREAS the consent File No. is B-50-18 ^NDWHER£AS thesaid peterborough LandDivision Comminee orthe DJreT..ofplTin ghasimPosed^conditionoftheg^^^^^ ^^^nds, ^^^appllcatlon. ?atthetwoParceis'ofi^dScribed in "A"an 1. Thatthe landsdescribed in Schedules "A"and -B" hereto shall ; together in onetitle and sha11 be dealt with as one parcefoflandln1' accordance wi? theplannLng Act of Ontario and in accordance wh'h the land use by-law in force in the Township ofHavelock-Belmontw Methuent fro^11 time to time. Regular Council Meeting - May 21, 2019 Page 155 of 159 That no conveyance, transfer, mortgage, charge, partition, device or other disposition ofany kind whatsoever shall beexecuted, delivered or registered which purports to deal with only oneof the saidparcels ofland described in Schedules "A" and "B" or any parts thereof save and except for the initial conveyance containing consent to sever from 289253 Ontario Inc. as Applicant and Christine Anne Babbb and Lynda Babb as Transferor. That the lands described in Schedules "A" and "B" shall beconveyed, encumbered, dealt with and disposed of together and deemed for the" purposes ofthe Planning Act to be one lot or parcel ofland. ^h-at_thie. ten?,s,oft^is,ag^e?me"t maybe enforced in a court of law by the to wnship ofHavelock-Belmont-Methuen against the Applicant and the Transferees andtheir respective heirs, executors, adminfs^ratwsjucce^sors assigns. 5. heApplicantand theTransferee covenant and agree to registerthe within agreement °"title at. the Land Registry Office at their sole expense'prio'r'to theregistration or delivery of any other document and'pnor toTheTssSance^f ; ofConsent to Sever and in default thereof the Consent to'Sever' to have been refused. !NWJTNESSWHEREOF theApplicant andthe Transferee haveaffixed their has affi^""°. SSol'fa;sdsRSSed, teTownship P°r';e'searunder iiEDALEOAND in the presence of ~ 289253 Ontario Inc. c is me nne a - pp icant -&^b yn a a - - pp ican Wehave authority to bindthe corporation i s ine e a rans eree As to^the signatures of Christine Anne Babb and Lynda Babb s^l^."uwut IUWNSHIP BELMONT-METHUEN >Per: eeve iPer: er Regular Council Meeting - May 21, 2019 Page 156 of 159 SCHEDULE 'A' Part Lot 19 Concession 7 Belmont AS IN R728530 s/t R728530; s/t R492194 Township of Havelock-Belmont-Methuen County of Peterborough Except forfeited mining rights if any PW 28234-0365 Regular Council Meeting - May 21, 2019 Page 157 of 159 SCHEDULE'B' Part Lot 19 Concession 7 Belmont AS IN R706888 T/W R535987 Townshipof Havelock-Belmont-Methuen County of Peterborough Except forfeited mining rights if any Part PIN 28234-0355 Regular Council Meeting - May 21, 2019 Page 158 of 159 Corporation of the Township of Havelock-Belmont- Methuen By-law Number 2019 – 056 Being a by-law to confirm the proceedings of the Regular Meeting of the Council of the Township of Havelock-Belmont-Methuen held on May 21, 2019. WHEREAS the Municipal Act 2001, S.O. 2001, Chapter 25 as amended, Section 238 (2), provides that every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings. NOW THEREFORE, the Council of the Corporation of the Township of Havelock-Belmont- Methuen hereby enacts as follows: 1. That the actions of the Council at its meeting held on the twenty- first day of May, 2019 A.D. in respect to each recommendation and action by the Council at its said meeting, except where prior approval of the Ontario Municipal Board or other statutory authority is required, is hereby adopted, ratified and confirmed. 2. That the Mayor and the Clerk of the Township of Havelock- Belmont-Methuen are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required, and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the Corporate Seal to all such documents. Read a first, second, and third time and finally passed in Open Council this 21st day of May, 2019. ______Jim Martin, Mayor Robert V. Angione, Clerk Regular Council Meeting - May 21, 2019 Page 159 of 159