PAC Minutes – April 2, 2002

The regular meeting of the Grand Bay-Westfield Planning Advisory Committee was held Tuesday, April 2, 2002 in Room “A”, 609 River Valley Drive.   Chairman, Larry Chapman conducted the meeting and called the meeting to order at 6:53 p.m
1. RECORD OF ATTENDANCE
All Members were present.
Also present was the Town’s Solicitor, Tim Hopkins.
2. PLANNING ADVISORY COMMITTEE MINUTES OF MARCH 18, 2002
“…moved by Mel Steffens to accept as presented the March 18, 2002 Planning Advisory Committee Minutes….”
Motion seconded by Tony Ratchford.  Carried.
3. REGULAR COUNCIL MINUTES OF MARCH 11, 2002
“…moved by Ralph Stevens to receive and file the Regular Council Minutes of March 11, 2002….”
Motion seconded by Tony Ratchford.  Carried.
4. CHAIRMAN’S REMARKS
The Chairman reported that the Development Officer was requested by Doug Smith to have a Tentative Subdivision Application added to the Agenda.  However, it was the consensus of the Committee that the Planning Advisory Committee Rules and Procedures be adhered to, and not add it to this evening’s Agenda.
Doug Smith was present during the Open Session and was immediately informed by the Chairman that his request will be addressed during the next Planning Advisory Committee meeting.
5. DECLARATION OF CONFLICT OF INTEREST
No conflicts declared.
6. DEVELOPMENT OFFICER’S REPORT OF MARCH 25, 2002 RE:  APPLICATION FOR SUBDIVISION EXEMPTION JOSEPH PRICE, BRIAN & JUDY SILLIPHANT, WILLIAM & LYNDA SILLIPHANT – MITCHELL ROAD
A Closed Session discussion was held regarding the above Application for Subdivision Exemption to create three lots from two existing lots.
Two additions were handed out as follows:

  1. Memo dated March 20, 2002 from the Works Commissioner Re:  Mitchell Road – including information provided from Surveyor, Ed DeSaulniers.
  2. Memo dated April 2, 2002 from the Development Officer Re:  Public Street/Crown Reserve Road – Mitchell Road – depicting a telephone conversation he had with Thierry Arseneau, Department of Natural Resources (DNR).

Solicitor Tim Hopkins advised the Committee that the issue in question is whether or not the Plan meets the intent of the Act.  The Plan was prepared based on the assumption that Mitchell Road is a Public Street (as indicated on the plan with the word “Public” in brackets).  Solicitor Hopkins indicated however that there is a difference between public use and public ownership.  He further advised that the Committee must be satisfied that Mitchell Road is a publicly owned street, owned by the Municipality or the Province, in order to disagree with the Development Officer’s recommendation.
Present during the Open Session were Applicants Brian and Judy Silliphant, William and Lynda Silliphant and Surveyor Ed DeSaulniers.  Lynda Silliphant spoke on behalf of the family and advised the Committee of the following:

  • They were informed by their Surveyor that the Mitchell Road was a Public Road;
  • They have been struggling for two years to have their land subdivided and registered under separate and distinct ownership;
  • All they are requesting is a transfer of land, as they cannot afford to develop the land and build a road at this time;
  • They wish to subdivide the two existing parcels into 3 lots and have Lot 1 registered in the name of Brian and Judy Silliphant and Lots 2 and 3 in the names of William and Lynda Silliphant to pass on to their children;

Surveyor Ed DeSaulniers advised the Committee of the following:

  • The Plan was to divide 36 acres between four people;
  • Their original Plan was to build homes and develop the street to a standard approved by the Town, however this is now felt to be too costly for them;
  • The Plan would be registered to show Lot 1 in the name of Brian and Judy Silliphant and Lots 2 and 3 in the name of William and Lynda Silliphant;
  • In his opinion, Mitchell Road is a Public Street as in 1984 it was discontinued as a Crown Reserve Road  and has always been used by the public;
  • He advised that the discontinuance registered in 1984 by DNR was to clarify the confusion representing Grant Lot plans from the 1940s showing a Crown Reserve Road running from the St. John River to the western property line of the Silliphant property;
  • The original grant lots did not provide a Crown Reserve Road at this location, but the Backland Road (later the Highland Road) evolved over time giving access to the rear grant lots.

In light of this new information, the Chairman requested a recess.  The Applicants then left the meeting room.
Solicitor Tim Hopkins advised that this matter could be resolved by requesting that the Applicants provide proof that the Mitchell Road is a “Publicly Owned Street.”  The Committee Members concurred with Solicitor Hopkins.
Following the recess, the Applicants were informed of the above request, however, they advised that they were not interested in obtaining this information as they felt the onus was on the Town to provide this.
The following motion was then made:
“…moved by Ralph Stevens that the Planning Advisory Committee Table this Application until the next PAC Meeting…”
Motion seconded by Mel Steffens.  Carried.
7. ADJOURNMENT
Ralph Stevens moved to adjourn at 9:40 p.m.

Respectfully submitted,

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