Town of Grand Bay-Westfield
(Incorporated 1st January, 1998)
Planning Advisory Committee
Minutes
Monday, January 16, 2017

1.   CALL TO ORDER

The Town of Grand Bay-Westfield Planning Advisory Committee met for a regular meeting on Monday, January 16, 2017 at 8:00 p.m. with Chair, Ralph Stevens presiding.

2.   RECORD OF ATTENDANCE

Chyann Kirby was the only Member not in attendance.

“…moved by Jim Burke to excuse Chyann Kirby with cause….”

Seconded by Cllr. Bev Day.  Carried.

3. PLANNING ADVISORY COMMITTEE MINUTES OF NOVEMBER 21, 2016

“…moved by Cllr. Bev Day to accept as presented the November 21, 2016 Planning Advisory Committee Minutes….”

Seconded by Ron Daigle.  Carried.

4.   REGULAR COUNCIL MINUTES OF NOVEMBER 14, 2016, NOVEMBER 28, 2016 AND DECEMBER 12, 2016

“…moved by Cllr. Bev Day to receive and file the Regular Council Minutes of November 14, 2016, November 28, 2016 and December 12, 2016….”

Seconded by Alex Calvin.  Carried.

5.   ELECTION OF OFFICERS

“…moved by Cllr. Bev Day to Table the Election of Officers to the next
PAC meeting….”

Seconded by Jim Burke.  Carried.

6.   DECLARATION OF CONFLICT OF INTEREST

None.

7.   REMARKS FROM THE CHAIR

No remarks.

8.   DEVELOPMENT OFFICER’S MEMO DATED JANUARY 10, 2017
    RE:  DECLARATION OF CONFLICT OF INTEREST FORM

“moved by Cllr. Bev Day to receive and file Declaration of Conflict of Interest Form….”

Seconded by Alex Calvin.  Carried.

9.   DEVELOPMENT OFFICER’S MEMO DATED JANUARY 10, 2017
    RE:  INDEX LIST OF PAC ITEMS FOR 2016

“…moved by Ron Daigle that the Planning Advisory Committee forward to Council the accompanying Index of Planning Advisory Committee Items considered during 2016, for their reference and
Information….”

Seconded by Jim Burke.  Carried.

10.   TOWN MANAGER’S MEMO DATED JANUARY 3, 2017
    RE:  PAC 2017  BUDGET

“…moved by Cllr. Bev Day to receive and file the Town Manager’s Memo dated January 3, 2017 Re:  PAC 2017 Budget….”

Seconded by Theresa Gordon.  Carried.

11.   E-MAIL  POLL CONDUCTED DECEMBER 15, 2016
    RE:  TENTATIVE AMENDING SUBDIVISION PLAN,
    NORMAN  W. FRANCIS AND S & A HOLDINGS LTD., INGLEWOOD DRIVE  

“…moved by Cllr. Bev Day to Ratify the E-Mail Poll conducted December 15, 2016 Re:  Tentative Amending Subdivision Plan,
Norman  W. Francis and S & A Holdings Ltd., Inglewood Drive….”

Seconded by Alex Calvin.  Carried.

12.   APPLICATION FOR VARIANCE RE: 6 IRVIN LANE
  (A)   DEVELOPMENT OFFICER’S REPORT DATED JANUARY 10, 2017
  (B) VICKY ARMSTRONG LETTER, JANUARY 11, 2017 – (WITH   PHOTOS)
  (C)    CHRISTINE CHISHOLM E-MAIL LETTER, JANUARY 12, 2017   

Chairman, Ralph Stevens, read out loud the Development Officer’s Comments outlined in his Report dated January 10, 2017 as follows:

“…This Item was first heard by the Planning Advisory Committee with a Quorum of 4 voting members: Ralph Stevens, Bev Day, Alex Calvin and Theresa Gordon.  The item can only be voted on by these Members, even if additional members are present at subsequent meetings dealing with this item.  The Confirmation of attendance by the four identified Committee Members was required prior to establishing a date for the Hearing, in conjunction with dates available to both the applicant and to the adjoining property owner (who have presented opposition to the application)….”

Members, Jim Burke and Ron Daigle acknowledged that they could not vote on this Item.

Applicant, Christine Chisholm was present and read out loud her e-mail letter to the Committee dated January 12, 2017, outlining matters she has addressed since meeting with the Planning Advisory Committee on May 2, 2016 as follows:

Compliance with the Court Order to remove the seawall;
the parking structure has been inspected and approved by an Engineer as requested;
the overall size of parking structure is backfilled to 8 feet.

In closing, she stressed the fact that all of this has been a hardship on her part.

There was no one present speaking In Favor of this Application.

Those present speaking Against this Application were as follows:

– Patricia Fitzerald – 1 Irvin Lane

Mrs. Fitzerald advised that she was against the construction of the wall from the beginning and expressed her concerns to the Applicants, as she felt the structure was unsafe.

She also advised that she and her husband were involved in a car accident while attempting to turn their car around on the public street.  She was over too far on the Armstrong property and drove over the wall edge and totalled their car.  Although she admits she is responsible for the accident, however, in her opinion, this unsafe structure was a contributing factor and should be modified.

– Vicky Armstrong – 4 Irvin Lane

Mrs. Armstrong once again reiterated her frustration, as per her letter dated January 11, 2017, and their strong opposition to the Development Officer’s recommendations, and hopes the Committee takes the following concerns into consideration when making their decision:

1)        No Variance
2)        No Permit
3)        Portion built on Town property
4)        Portion built on our property
5)        Devalues our property

Attached to Mrs. Armstrong’s letter were photos taken of the above mentioned car accident involving Mr. and Mrs. Fitzerald, in which she feels should never have happened, had her concern for public safety not been  previously ignored by the Town.

– John Gillis – Saint John (Counsel for Blake Armstrong)

Cllr. Bev Day read out loud the Court Consent Order dated September 22, 2015, regarding the Seawall issue, stating that this is not a matter before the Planning Advisory Committee, and that the only two issues regarding the Variance Application are as follows:

1.    the overall size of the two existing structures and the side yard setback of these structures from the property line, and;
2.    the safety and security of the structure.

In conclusion, it was determined that since this matter has not been resolved and is still under Court Order, a decision cannot be made.

“…moved by Cllr. Bev Day that the Planning Advisory Committee postpone hearing the item until such time as the Court Action has been resolved ….”

Seconded by Alex Calvin.  Carried.

13.   ADJOURNMENT

“…moved by Jim Burke and seconded by Ron Daigle to adjourn….”  at 8:34 p.m.

Respectfully Submitted,

Ralph Stevens,                                    Laylia Nice,
PAC Chair                                         PAC Secretary