Town of Grand Bay-Westfield
(Incorporated 1st January, 1998)
Planning Advisory Committee
Minutes
Monday, April 4, 2016

1.CALL TO ORDER

The Town of Grand Bay-Westfield Planning Advisory Committee met for a regular meeting on Monday, April 4, 2016 at 8:01 p.m. with Chair, Ralph Stevens presiding.

2.RECORD OF ATTENDANCE

Members absent were Jim Burke, Ron Daigle and Chyann Kirby.

“…moved by Cllr. Bev Day to excuse Jim Burke, Ron Daigle and Chyann Kirby with cause….”

Seconded by Alex Calvin.  Carried.

3. PLANNING ADVISORY COMMITTEE MINUTES OF JANUARY 18, 2016

“…moved by Cllr. Bev Day to accept as presented the January 18, 2016 Planning Advisory Committee Minutes….”

Seconded by Alex Calvin.  Carried.

4.REGULAR COUNCIL MINUTES OF JANUARY 11, 2016, AND FEBRUARY 8, 2016

“…moved by Cllr. Bev Day to receive and file the Regular Council Minutes of January 11, 2016 and February 8, 2016….”

Seconded by Theresa Gordon.  Carried.

5.DECLARATION OF CONFLICT OF INTEREST

None.

6.      REMARKS FROM THE CHAIR

No remarks.

 7.    APPLICATION FOR VARIANCE
RE:  CHRISTINE CHISHOLM – 6 IRVIN LANE
(A)   DEVELOPMENT OFFICER’S REPORT DATED MARCH 31, 2016
(B)   LETTER DATED MARCH 23, 2016 FROM BLAKE ARMSTRONG
(C)    LETTER FROM MALCOLM & PATRICIA FITZGERALD RECEIVED APRIL 1, 2016
(D)     EMAIL FROM CHRISTINE CHISHOLM DATED MARCH 31, 2016
    INCLUDING
(E)    LETTER FROM JOHN PATTERSON RECEIVED APRIL 1, 2016
(F)    LETTER FROM PETER LAFFERTY DATED MARCH 31, 2016

Applicant, Christine Chisholm, was present regarding her Variance Application for the enlargement of her parking area constructed with new retaining walls at 6 Irvin Lane (erected in 2013), and gave presentation as follows:.

Ms. Chisholm advised that she was present to clarify concerns and referred to revised photos and additional information received by the Town on April 1, 2016 (which were not included in her initial Application);
She described the condition of the 20 year old decaying retaining wall, which required repairs to the rotting wooden crib work,
new modern concrete walls were extended around the original, to be at the same grade elevation at the road;
it was her understanding at the time of constructing the new  retaining wall, that a Building Permit was not required for repairs;
the benefit of the expanded parking space would alleviate congestion for parking their own two cars, for delivery service and emergency vehicles in the confined cul-de-sac area, benefiting all her neighbours;
also, it would provide ample off street parking for residents and guests at # 6 and # 8 Irvin Lane;
she consulted her neighbours before and during construction and was met with no objection and that it was a collaborated effort by all and cannot understand why now after two and one-half years, they are voicing concerns and/or complaints; She takes issue with the reference to junk on her property, considering the plan to remove the existing garage and finish landscaping along the wall of the new parking structure;
she did not have an Engineer on site but followed an instructional manual with regard to the construction of the wall;
she provided the Committee a Survey produced by DeSaulniers Surveys Inc. dated June 6, 2014;
Ms. Chisholm made reference to two letters included in her revised information; one from John Patterson (father-in-law to Ms. Chisholm and former resident of # 8 Irvin Lane) and from Peter Lafferty (friend of Ms. Chisholm), both supporting her application.

The following were present speaking In Favor of this Application:

Steven Chisholm (brother)
23 Edgemount Drive,  Grand Bay-Westfield

Warren Blagden (friend)
308 Sandy Brook Road, Wirrall

Reid Chedore (Lawyer and friend)
65 Marlin Drive, Saint John

The following were present speaking Against this Application:

Blake Armstrong – 4 Irvin Lane, Grand Bay-Westfield

as neighbours, they did discuss the reconstruction of the parking area
he noted that this all started with another structure built on their property along the water, and as a result of the law suit, the Survey identified the wall of the parking structure is built on his property;
it is black & white, the structure does not meet the required setback and the structure was built too high;
the structure is also built on Town property;
no Building Permit was issued;
he believes his property is now devalued because of the wall;
the situation is very upsetting to his life partner (Vickie Long).

Vicki Long – 4 Irvin Lane, Grand Bay-Westfield

she did not like the structure for the driveway from the beginning;
they believed that a Building Permit was issued and they could not stop the construction they did not have a Building Permit;
they did not know it was being built across the property line
after the wall was started they indicated that the wall would be a problem
construction continued, adding the top courses of the wall while they were on vacation;
property was surveyed By DeSaulniers Surveys and stakes put in after construction (Photo shows one that has since been removed);
she is very upset that she cannot see anything but the wall when looking out her window
they have spent over $15,000.00 in court fighting this, including a waterfront wall built on their property
concerning clean-up of their own property, it will be completed by the end of the summer, and be beautiful, except for the wall

The above mentioned letter, listed as item 7 (c) received April 1, 2016 from Malcolm and Patricia Fitzgerald states that this Variance should not be granted as this huge structure was erected without a Building Permit.

“…moved by Cllr. Bev Day that the Planning Advisory Committee Table this Item until the May 2, 2016 meeting….”

Seconded by Alex Calvin.  Carried.

8.        APPLICATION FOR TEMPORARY USE PERMIT
        RE:  GRAND BAY HOME HARDWARE C/O JOHN JARVIS
        277/279 RIVER VALLEY DRIVE
(A)   DEVELOPMENT OFFICER’S REPORT DATED MARCH 29, 2016

“… moved by Cllr. Bev Day that the Planning Advisory Committee grant a Temporary Use Permit to Donald G. Myles Ltd., to operate a seasonal Garden Centre permitting a temporary structure (fence compound) to be used as a Garden Centre between April 9, 2016 and October 9, 2016, to be located in the parking lot located at 277/279 River Valley Drive, PID No. 00090258, subject to:

a)the area proposed for the Temporary Use is to be limited to a total of 65m² (700 sf);

b)no more than four permanent parking spaces are to be lost in the location of the Temporary Use;
c)pursuant to Section 2.9 of the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 112, authorization for the development described above (Garden Centre) is hereby granted for the temporary period beginning April 9, 2016 and expiring on October 9, 2016.  At the end of the authorized period, you (Donald G. Myles Ltd.) are hereby required to terminate or remove the development hereby authorized….”

Seconded by Theresa Gordon.  Carried.

9.        ADJOURNMENT

“…moved by Cllr. Bev Day and seconded by Alex Calvin to adjourn….”  at 8:52 p.m.

Respectfully Submitted,

Ralph Stevens,                                                                 Laylia Nice,
PAC Chair                                                                      PAC Secretary