PAC Minutes – August 21, 2000

The regular meeting of the Town of Grand Bay-Westfield Planning Advisory Committee was held Monday, August 21, 2000 at 7:00 p.m. in Room “A”.  Chairman, Larry Chapman conducted the meeting and called the meeting to order at 7:05 p.m.
1. RECORD OF ATTENDANCE
All Members were present with the exception of Bill McCann.
2. P.A.C. MINUTES OF AUGUST 8, 2000
“…it was moved by Deputy Mayor Black and seconded by Mel Steffens to accept as presented the August 8, 2000 P.A.C.  Minutes….”
Motion carried.
3.  REGULAR COUNCIL MINUTES OF JULY 24, 2000
“…it was moved by Mel Steffens and seconded by Ralph Stevens to receive and file the July 24, 2000 Regular Council Minutes….”
Motion carried.
4. CHAIRMAN’S REMARKS
No remarks.
5. DECLARATION OF CONFLICT OF INTEREST
No Conflict of Interest declared.
6. DEVELOPMENT OFFICER’S REPORT DATED AUGUST 16, 2000 RE: REQUEST FOR VARIANCE GARY & YOLANDE MILLER – 4 GOLF CLUB ROAD
A Closed Session discussion was held regarding the above Request for Variance for the construction of a shed requiring a variance to the front yard set back. The Committee concurred with the Development Officer’s recommendations found in his report, however, wished to add a condition with regard to the exterior finish of the shed.
The Development Officer advised the Committee that Gary Miller has already started construction of his shed and that a Stop Work Order has been placed on the construction. David reminded the members that Mr. Miller was granted a variance in June, 2000 for the construction of a garage, 6 metres from the street line.  However, he has since changed his mind and is now constructing a storage shed, 1 metre from the street line and in a different location.
No correspondence was received from surrounding property owners, however, the Development Officer advised that he has received a call from Mrs. Irving, stating concerns regarding Mr. Miller not adhering to the minimum standards and also the process and principles involved in this matter.
Gary Miller was present during the Open Session and stated he had nothing further to add.  There was no one present either in favor of or against the application when the following motion was made:
“…moved by Michael Hare that P.A.C. grant the following varaince for the development of a shed to be located at 4 Golf Club Road, NBGIC # 00227975 under the Town’s By-law # 16, Town of Grand Bay-Westfield Zoning By-law, Division II;
a) under Section 12(a), grant a Variance of 3.0 metres, to reduce the minimum set back from a street line from 9.0 metres to 6.0 metres;
b) the exterior siding of the shed to match the house.
Motion seconded by Ralph Stevens.  Carried….”
Following the motion, Mr. Miller wanted to know what recourse was available to him.  The Chairman advised that he could either appeal P.A.C.’s decision through the New Brunswick Planning Appeal Board or come back to P.A.C. with a different application.
7. DEVELOPMENT OFFICER’S REPORT DATED AUGUST 16, 2000 RE: REQUEST FOR VARIANCE DONALD HUTCHINSON – TEAL STREET
A Closed Session discussion was held regarding the above Request for Variance to permit the construction of a single family dwelling, requiring variances on the lot width and development of a public street.  The Development Officer advised that this is a joint application, subject to the purchase of the lot and that back when Teal Street was originally developed, a portion at the end was left unattached to the Shannon property.
The Committee concurred with the Development Officer’s recommendations found in his report.  Four letters were received from surrounding property owners stating their objection and concerns with regard to this application.
Donald Hutchinson was present during the Open Session and stated that he had nothing further to add.   There was no one present in favor, however, the following people spoke against the proposal.

  • Tracey Burgess – 331 Nerepis Road

Mrs. Burgess stated that she is representing the concerned residents, which were all listed in her memo to Mayor & Council dated August 4, 2000.  Their concerns were as follows:

  1. the continuation of Teal Street as a Private Drive;
  2. the ledge which runs from Teal Street down to the Nerepis Road;
  3. possible sewerage problems resulting in contamination of wells and soil;
  4. Concerns of further homes being built, resulting in more concerns.

Mrs. Burgess also presented to the Committee, a copy of a letter she has forwarded on to Peter Ross, Provincial Health Inspector.

  • Ginney Perrin – 308 Nerepis Road

Mrs. Perrin addressed the Committee and advised that she also has the same concerns as stated above, and feels this application should be denied as she had a similar application for this property turned down by Council a few years back.

  • Jean Perrin – 323 Nerepis Road

Mrs. Perrin stated concerns with regard to a water well they own located on this property possibly being damaged.

  • George Stevenson – Representing his sister Alice Stevenson – 327 Nerepis Road

Mr. Stevenson expressed concerns regarding a spring located 50 feet from the road on the lower side being contaminated.  The Development Officer informed Mr. Stevenson that this will be made known to Council and will be taken into consideration when the street is constructed.
Mrs. Donald Hutchinson then addressed the Committee and the concerned residents, stating that there would be no blasting as the houuse will be built on a slab, and that the house will be built in the middle of 7 and 1/2 acres of land with a new type of sewerage system being installed, as recommended by the Department of Health to be more efficient.  She also advised that they wish to build a driveway at the end of Teal Street as per the Town’s specifications, with a turn around at the end, to be paved within 1 or 2 years down the road.  Mrs. Hutchinson submitted to the Committee, a copy of Westfield Council Minutes dating back to 1976, stating how the street was to have been built.  In closing, Mrs. Hutchinson stated that they are willing to work with the surrounding property owners.
The Development Officer advised the concerned residents that with this proposal, Teal Street will extend to the Shannon Property to become a Future Street, and if approved by Council, will enable the Hutchinsons’ access to their property and the Town will then in turn be responsible for maintaining the Future Street.
The following motion was then made:
“…moved by Mel Steffens that P.A.C. grant the following variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield, By-law No. 16, Division II, for the development located at 19 Teal Street, NBGIC No. 00209510 as follows:
1. grant a variance of 33.5 metres to Section 10 (I)(a)(i) to allow the development of a lot for a single family home with a lot width fronting on a street to be reduced from 54 metres to 20.42 metres;
2. recommend to Council to accept the proposed construction standards for the completion of the Future Street portion of Teal Street; subject to:
(a) a Developers Agreement being prepared and accepted by Council prior to the development of the extension of Teal Street or the development of the property;
(b) an Agreement be granted by Council for a subsurface easement, for the provision of a water line to run under Teal Street;
(c) all legal and survey costs for the preparation of the easement and Developers Agreement to be borne by the affected property owner….”
Motion seconded by Deputy Mayor Black.  Carried.
The Chairman then thanked everyone for attending.
8. DEVELOPMENT OFFICER’S REPORT DATED AUGUST 16, 2000 RE: REQUEST FOR VARIANCE DAVID J. MCDONALD  – 19 NEREPIS ROAD
A Closed Session discussion was held regarding the above Request for Variance to permit the construction of a new garage, requiring variances on the maximum height and maximum area.
The Development Officer handed out a copy of a fax dated August 21st from the Applicant, advising that he was unable to attend tonights meeting.  Also, attached to the fax was a letter dated August 22nd from Mr. McDonald, in which he briefly explained the timing and the size of garage he proposes to build.
No correspondence was received from the surrounding property owners The Committee concurred with the Development Officer’s recommendations found in his report.
During the Open Session, there was no one  present in favor of or objecting to this proposal when the following motion was made:
“…moved by James Evans that P.A.C. grant the following variances to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 16, Division II, for the development of a detached garage to be located at 419 Nerepis Road, NBGIC No. 30096044 as follows:
1. grant a variance to Section 14(a) of 0.87 metres to exceed the maximum height of 4.0 metres;
2. grant a variance to Section 14(b) of 2.3 square metres to exceed the maximum area of 75 square metres, subject to:
a) the approval of the Department of Health for the installation of a septic system for the future construction of the single family home on         the lot, prior to the issuance of a Building Permit for the garage;
b) no plumbing is to be incorporated into the garage;
c) exterior cladding to be completed within 6 months of gaining a Building Permit….”
Motion seconded by Ralph Stevens.  Carried.
9. DEVELOPMENT OFFICER’S REPORT DATED AUGUST 16, 2000 RE: REQUEST FOR VARIANCE DEAN CONSTRUCTION LTD. – OFF EDGEWOOD LANE
A Closed Session discussion was held regarding the above Request for Variance to permit the development of an access road, requiring a variance on the set back from a property line for the top of slope of excavations within 15 metres of adjacent property line, and a recommendation to Council on the proposed Excavation Permit, dated July 6, 2000.
There were five letters received from surrounding property owners stating objection and concerns with regard to this proposal.  One additional letter was handed out at the meeting, also in  objection.
During the discussion, questions arose as to the ownership of the property and the intent and extent of use of the land in question.  Therefore, the Committee could not concur with the Development Officer’s recommendations found in his report.
Present during the Open Session was Applicant, Doug Smith and many concerned residents.  Mr. Smith stated he had nothing further to add to his proposal.
The following residents addressed the Committee:

  • Gary Highfield of 315 Nerepis Road

Mr. Highfield spoke on behalf of the concerned residents, whose names were listed in a letter addressed to P.A.C., all objecting to the proposed excavation, as this property is not properly zoned for a gravel pit.  The lane in question is a deeded lane and not a truck access.  He also stated there are concerns regarding the contamination of wells and the question why this proposal is for a three year period.
Mr. Highfield then read a list of concerns as follows:

  1. damage to lane and property surrounding the lane;
  2. damage to retaining walls on two properties;
  3. further damage to existing culverts;
  4. significant dust created;
  5. noise;
  6. concern for safety of pedestrians and children using the lane;
  7. trucks turning out onto Nerepis Road causing increased traffic in an already busy area;
  8. result of loss of property value.

A copy of the above mentioned letter was given to the Committee for their records.  The followng residents present also wished to have their names added to the list:

  • Susan Parker of 167 Nerepis Road
  • Barbara Mersereau of 171 Nerepis Road
  • Brenda Murphy of 155 Nerepis Road
  • Florence Crowe of 183 Nerepis Road

Mrs. Crowe addressed the Committee and passed around photographs taken of Edgweood Lane.  She advised that she has measured from the tree line to the ditch as being 19 feet, definitely too narrow for trucks as there has already been damage to the end of the culvert.   Mrs. Crowe also stated that this is not in the best interest of the public and will have negative effects on the properties in the area.

  • Michael Steeves of 207 Nerepis Road

Mr. Steeves advised the Committee that he owns property adjacent to this proposed excavation and has concerns regarding damage to two streams that cross the former Camp property and runs down to the river.  He recommended that a study be done for the protection of these streams.  He also advised that there is a spring on the property up on the same hill as where the excavation is to take place, which is the sole source of water supply for his property.
Mr. Steeves questioned if the Committee looked at other communities to see what they are doing with regard to this type of situation.  The Development Officer advised that the Town is presently reviewing its Municipal Plan and is creating a new Zoning By-law and that yes, the Town does observe the City of Saint John as to how they handle situations.

  • Ginney Perrin of 308 Nerepis Road

Mrs. Perrin stated that she represents the following interest groups:

  1. Michael Murphy – Principal of Wesfield Elementry School
  2. Westfield Home & School Association
  3. Westfield SPAC (School/Parent Advisory Committee)

Their concerns are as follows:

  • safety to the children
  • possible contamination to the school’s water supply
  • environmental concerns
  • Louisa MacLean of 23 Edgewood Lane

Mrs. MacLean questioned the fact why Mr. Smith did not apply to properly rezone the property in question and why the proposal is for over a three year period?
Applicant, Doug Smith did not care to comment on Mrs. MacLeans’s question, however,  he did state that he was pleased to see all the residents present.  He advised that he needs the access, in order to build a road from his property out onto Highway # 7.  However, when asked, he did not know when the Province would allow such an access to be built off of Highway # 7.
Surveyor, Ed DeSulniers was also present and advised the residents that he has done work on preparing the lane which has a 8% grade coming in.  He also advised that the Department of the Environment would address any water course alteration concerns.
Following the Open Session discussion, the following motion was made:
“…moved by Ralph Stevens that P.A.C. deny this Application….”
Motion seconded by Michael Hare.  Carried.
The Chairman then thanked everyone for attending.
10. ADJOURNMENT
Ralph Stevens moved to adjourn at 9:00 p.m.

Respectfully submitted,

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