PAC Minutes – April 15, 2002

The regular meeting of the Grand Bay-Westfield Planning Advisory Committee was held Monday, April 15, 2002 in Room “A”, 609 River Valley Drive.   Chairman, Larry Chapman conducted the meeting and called the meeting to order at 7:00 p.m.
1. RECORD OF ATTENDANCE
All Members were present.
Also present was Town Lawyer, Tim Hopkins.
2. PLANNING ADVISORY COMMITTEE MINUTES OF APRIL 2, 2002
“…moved by Michael Hare to accept as presented the April 2, 2002 Planning Advisory Committee Minutes….”
Motion seconded by Tony Ratchford.  Carried.
3. REGULAR COUNCIL MINUTES OF MARCH 25, 2002
“…moved by Ralph Stevens to receive and file the Regular Council Minutes of March 25, 2002….”
Motion seconded by Tony Ratchford.  Carried.
4. CHAIRMAN’S REMARKS
The Chairman once again welcomed Solicitor Tim Hopkins.

  • A copy of the Variance Standards was given out to each Member;
  • Notice of Appeal by Duane Benson, 210 Highland Rd. was received;
  • A copy of a letter dated March 28, 2002 forwarded to Keith C. Culvert,

Director, Centre for Social Innovation Research from Duane Benson Re: Duane Benson’s upcoming Appeal with the N. B. Assessment & Planning Appeal Board was received.
5. DECLARATION OF CONFLICT OF INTEREST
No conflicts declared.
6. DEVELOPMENT OFFICER’S REPORT DATED APRIL 11, 2002 RE:    APPLICATION FOR TENTATIVE SUBIVISION  DOUG SMITH – 183 NEREPIS ROAD
6. (A) FOUR LETTERS RECEIVED FROM SURROUNDING PROPERTY OWNERS
A discussion was held in Closed Session regarding the above Application for Tentative Subdivision to create one lot and access road lot from one existing lot, requiring variances to the lot area and lot frontage.
The Development Officer reported that Mr. Smith purchased the whole property last fall and now wishes to sell the store and property while keeping     ownership of the access road, which serves as a Right-of-Way to three other homes in the area.
Four letters of opposition were received from surrounding property owners.  The Chairman advised that he received telephone calls in opposition from Ruth Brown and daughter, Jane Madsen.
Present during the Open Session were Applicant, Doug Smith and his Lawyer, Stephen Horgan, Surveyor, Ed Desaulniers and many other interested parties.
Ed DeSaulniers gave a presentation advising the Committee of the following:

  • Mr. Smith’s proposal is to subdivide property from behind the Westfield Country Store for separate ownership of the present Right-of-Way;
  • Future plans are to widen the full length of the access road to 20 metres.

There were no other presentations made in favor of this proposal.
The following presentations were made against this proposal:
Janet Jackson – 199 Nerepis Road

  • She questioned why Mr. Smith required to maintain ownership of the access road if he has a Deeded Right-of-Way from the old Cruikshank property (PID No. 00227611) along the lane down to the Nerepis Road;
  • She has concerns that the ownership of the land would give Mr. Smith additional powers over people accessing the Right-of-Way;
  • She wonders about Mr. Smith’s motive for wanting to widen the access road behind the store;

Murray MacLean – 23 Edgewood Lane
Mr. MacLean read from a letter he prepared and submitted to the Committee dated April 12, 2002, stating all of his concerns, along with a copy of a letter dated August 14, 2000 addressed to the Committee opposing Mr. Smith’s Variance Application to excavate material for the development of an access road.
Brad Swan – 191 Nerepis Road

  • He has concerns of another gravel pit operating in the area.

Mr. Smith’s lawyer, Stephen Horgan then addressed the Committee and advised the following:

  • This application is for a subdivision only, as shown on the Tentative Plan, and not a gravel pit;
  • Council and PAC would deal with a Gravel Pit Application as a separate application;
  • The public has the right to use the existing Right-of-Way;
  • This application could improve existing conditions of the Right-of-Way.

The following motion was then made:
“…moved by Ralph Stevens that the Planning Advisory Committee grant the following variances to the Grand Bay-Westfield Zoning By-law, By-law No. 16, Division 2, for Tentative Subdivision Plan, 500607 NB Ltd. Subdivision, being Lot 2002-1 and Private access as prepared by DeSaulniers Surveys Inc., dated April 2, 2002:
i)         under section 18 (1) (a) (iii), grant a variance of 325 m², to reduce the minimum area of the lot to be reduced from 4000 m² to 3675 m²;
ii)        under section 18 (1) (a) (ii), grant a variance of  19 m±, to reduce the lot frontage from  60 m to 41 m±;
subject to:
a)  confirmation by the Department of Health for variances being granted under Regulations of the Health Act for lot size and lot frontage;
b)  the private access lot as shown on the Tentative Subdivision Plan to be revised to be indicated as parcel “A”, to be consolidated with lot identified by PID #227611;
c)   the addition of a note on the Final Subdivision Plan identifying “Parcel “A” as being created to be consolidated with adjoining lot with PID # 227611 and such parcel is not to be treated as a separate lot”;
d)  the existing utility easement is to be recorded on the Final Subdivision Plan;
prior to approval of the Final Subdivision Plan being approved by the Development Officer …”
Motion seconded by Michael Hare.  Carried with one Nay Vote.
Following the motion, Surveyor, Ed DeSaulniers and Solicitor, Stephen Horgan advised that there is a problem with regard to the wording of Section (b) of the motion, as the property mapped under PID No. 227611 is presently owned by a different company and is registered under the old land title system, and that the property in question under this application is registered under the new land title system, therefore a new plan cannot be registered under these conditions.  Also, due to the time factor involved, this could not be accomplished within the near future.
Mr. Smith advised that he has a buyer for the store with a closing date of May 3, 2002, and that this could hold up the sale.
Following a further discussion on how to expedite the matter, the following motions were made:
“…moved by Ralph Stevens to withdraw his motion….”
Motion seconded by Michael Hare. Carried.
“…moved by Ralph Stevens that the Development Officer and the Town’s Solicitor come up with the proper wording to be shared with Solicitor, Stephen Horgan and then have the matter dealt with by a Telephone Poll prior to May 3, 2002….”
Motion seconded by Michael Hare.  Carried.
7. DEVELOPMENT OFFICER’S REPORT OF APRIL 11, 2002 RE:   ITEM TABLED APRIL 2, 2002 MEETING APPLICATION FOR EXEMPTION FROM SUB-DIVISION BY-LAW – JOSEPH PRICE, BRIAN & JUDITH SILLIPHANT, WILLIAM & LYNDA SILLIPHANT – MITCHELL ROAD
A discussion was held in Closed Session regarding the above Application to create three lots from two existing lots by exemption of the Subdivision By-law.
Mr. Hopkins advised that the matter comes back to Legislative wording of a “Publicly Owned Street”.
The Development Officer advised that a copy of a map of the area dating back to 1862 was provided by Surveyor Ed DeSaulniers with letters from DNR dated 1984 and posted for the Committee’s review.
All of the Applicants were present during the Open Session.
Lynda Silliphant represented the family and advised the Committee that as requested, she has obtained information from the archives in Fredericton, that she believes shows that there was public money spent on maintenance of the Mitchell Road.
Mrs. Silliphant had only one copy of the documents on hand, however was willing to let the Committee peruse same.
Due to this, the following motion was made:
“…moved by Michael Hare that the Planning Advisory Committee call a recess….”
Motion seconded by Ralph Stevens.  Carried.
The Applicants left the meeting room during the recess.
The Committee along with Solicitor Hopkins then viewed the information provided.  Four issues of the Royal Gazette dated 1851, 1855, 1877 and 1931 were brought before the Committee, referencing expenses paid for the “upkeep of roads accessing Mitchell Settlement from Grand Bay to back settlements”.
Following the recess, the Applicants reentered the meeting room and were infomed that copies of the documents on hand must be provided to the Committee.
The following motion was then made:
“…moved by Michael Hare that the Planning Advisory Committee grant an exemption to the Plan of Survey, showing Lot 1, Lot 2 and Lot 3, Silliphant and Price Property situate Route 7 and Mitchell Road as prepared by DeSaulniers Surveys Inc., dated October 23, 2000, under subsection 48(1)(a) of the Community Planning Act, as in the opinion of the Planning Advisory Committee the proposed development is in accord with the general intent of the Act or a by-law there under;
subject to:
the Applicants providing the documentation as submitted to the Committee for their review, prior to the stamping of the Plan by the Development Officer….”
Motion seconded by Ralph Stevens.  Carried.
8. ADJOURNMENT
Ralph Stevens moved to adjourn at 9:10 p.m.

Respectfully submitted,

Laylia Nice,                                                              Larry Chapman,
P.A.C. Secretary                                                      P.A.C. Chairman