PAC Minutes – August 19, 2002

The regular meeting of the Grand Bay-Westfield Planning Advisory Committee was held Monday, August 19, 2002 in Room “A”, 609 River Valley Drive.   Chairman, Larry Chapman conducted the meeting and called the meeting to order at 7:01 p.m.
1.RECORD OF ATTENDANCE
All Members were present with the exception of Michael Hare.
2. PLANNING ADVISORY COMMITTEE MINUTES OF AUGUST 6, 2002
“…moved by Ralph Stevens to accept as presented the August 6, 2002  Planning Advisory Committee Minutes….”
Motion seconded by Mel Steffens.  Carried.
3. REGULAR COUNCIL MINUTES OF JULY 22, 2002
“…moved by Ralph Stevens to receive and file the Regular Council Minutes of July 22, 2002….”
Motion seconded by James Evans.  Carried.
4. CHAIRMAN’S REMARKS
The Chairman once again welcomed Works Commissioner, Bruce Gault who is filling in for Development Officer, David Taylor while he is on vacation.
5. DECLARATION OF CONFLICT OF INTEREST
No conflicts declared.
6. DEVELOPMENT OFFICER’S REPORT DATED AUGUST 16, 2002  RE: POOL ENCLOSURE VARIANCE JOHN AND COLLEEN LEGGETT – 22 ROSEMERE DRIVE
A Closed Session discussion was held regarding a Request for Variance for a pool enclosure, requiring a variance to the fence location in relation to the swimming pool.
The Assistant Development Officer reported that the fence in question was erected on Town owned land without a Building Permit or any agreement by the Town.
During the discussion, the Committee was adamant that positioning the fence in such close proximity to the pool as proposed would definitely pose a safety issue for children, who may possibly attempt to climb the fence and then fall directly into the pool.
Present during the Open Session was Applicant, John Leggett and neighbours.  Mr. Leggett gave presentation and advised the Committee of the following:

  • He purchased the property next to his and positioned his swimming pool at this location as it was the best location for it;
  • he was advised by the Development Officer to move the fence back off the  Right of Way.

There were no presentations made in favor of the Variance.
The following neighbours gave presentation in favor of the fence remaining where it is:

  • Wayne Bailey – 14 Rosemere Drive
  • Sean Cashin – 9 Baycrest Drive

It was also stated to Mr. Leggett the Committee’s concern with regard to placing the fence so close to the pool, therefore creating a possible safety issue for children.
When asked, the Chairman stated to Mr. Leggett that he has the following three options open to him:

  1. he can wait and hear the Committee’s motion, and if denied, he has the right to make an appeal through the Province’s Assessment and Planning Appeal Board;
  2. he can do nothing and wait  until the matter is dealt with by Council and Staff;
  3. he can withdraw his present Application, which will enable him to come back to PAC with another proposal.

Mr. Leggett then advised the Committee that he wishes to withdraw his present Application at this time. When asked by the Chariman, Mr. Leggett suggested a 90 day time frame for him to review his options and possibly return with a new proposal.
7. ADJOURNMENT
Ralph Stevens moved to adjourn at 7:59 p.m.

Respectfully submitted,

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