PAC Minutes – July 19, 1999

The regular meeting of the Town of Grand Bay-Westfield Planning Advisory Committee was held on Monday, July 19, 1999 at  7:00 p.m..  Chairman, Larry Chapman conducted the meeting and called the meeting to order at 7:12 p.m.
1. RECORD OF ATTENDANCE
All Members were present with the exception of Acting Development Officer, Bruce Gault.  Town Consultant, Irvin T. Bruhier was present to assist in his absence.
2. P.A.C. MINUTES OF JULY 5, 1999
“..It was moved by Philip Kelly and seconded by Ralph Stevens to adopt as presented the July 5, 1999 P.A.C. Minutes….”
Motion carried.
3. CHAIRMAN’S REMARKS
The Chairman welcomed Irvin T. Bruhier to the meeting.
“…It was moved by Philip Kelly that an item be placed on the next agenda for discussion, regarding the request for Developers to install sewerage, curb and gutters.  Should this be a general blanket policy or for selected areas?….”
Motion seconded by Mel Steffens.  Motion carried with One Nay Vote.
4. DECLARATION OF CONFLICT OF INTEREST
No conflict of interest declared.
5. MEMO FROM TOWN MANAGER OF JULY 12, 1999 RE: APPOINTMENT OF DEVELOPMENT OFFICER/BUILDING INSPECTOR
“….It was moved by Bill McCann to receive and file the above memo and that a letter be forwarded to Acting Development Officer, Bruce Gault with a copy to Mayor and Council thanking him for his efforts on P.A.C. and recognize his new status….”
Motion seconded by Ralph Stevens.  Motion carried.
6. MEMO FROM TOWN MANAGER OF JULY 7, 1999 RE: 1999 P.A.C. BUDGET ITEM – SECRETARY’S REMUNERATION
“…It was moved by Ralph Stevens to receive and file the above memo….”
Motion seconded by Deputy Mayor Black.  Motion carried.
7.  MEMO FROM TOWN MANAGER OF JULY 7, 1999 RE:  VARIANCE CONDITION VIOLATION MICHELE ALWARD – 331 WOOLASTOOK DRIVE
“…It was moved by Mel Steffens to receive and file the above memo….”
Motion seconded by James Evans.  Motion carried.
8. ITEM TABLED JULY 5, 1999 MEETING  RE:  TEMPORARY USE PERMIT – UPSTREAM BANDWAGON  LOCAL COMMITTEE, RIVER VALLEY COMMUNITY CENTRE  PARKING LOT – 749 RIVER VALLEY DRIVE
A discussion was held in Closed Session.  Chairman, Larry Chapman reported that he had a telephone call from River Valley Community Centre General Manager, Kelly Goddard, who advised that she could not attend the meeting this evening but that she would be sending a letter with Pastor Dave McElhinney addressing P.A.C’s concerns.
Pastor McElhinney and Pastor Neville Gosman were present during the Open Session.  Pastor McElhinney presented the letter from Kelly Goddard to the Committee, which addressed permission granted to the Applicants to hold the event in the Centre’s parking lot, and the use of their facility during the day and Porte Potties in the evening.  Regarding the matter of traffic control, they advised that they have already been in contact with Corporal Matthews of the R.C.M.P.   They also advised that they were in reeipt of the conditions laid out for the event by the Fire Chief of the Grand Bay-Westfield Volunteer Department.
“…It was moved by Mel Steffens that P.A.C. grant a Temporary Use Permit to Upstream Bandwagon Local Committee to hold an outdoor event on property located at 749 River Valley Drive, subject to the Development Officer’s recommendations as follows:
1. the Upstream Bandwagon Local Committee arrange for parking controls that would prevent parking along the northern driving lane around the arena complex;
2. the Upstream Bandwagon Local Committee post signs as required to ensure smoking is not permitted within the tent structure;
3. arrange with the Arena to be able to use washroom facilities within the Arena.
Also, subject to the following Fire Chief’s conditions:
1. absolutely, no smoking inside the tent area;
2. adequate number of exit doors or openings, one in each corner;
3. the lane running parallel with the River Valley Drive is kept clear;
4. the lane between the tent area and the Arena is kept clear so that emergency vehicles can pass through;
5. the driveway that goes from the north  parking lot, up and around to the front of the middle school is kept clear….”
Therefore, pursuant to Section 5(2), Division I of the Zoning By-law of the Town of Grand Bay-Westfield, authorization for the development described above is hereby granted for the temporary period commencing on July 28, 1999 and expiring on August 10, 1999.  At the end of the authorized period, you are hereby required to terminate or remove the development hereby authorized….”
Motion seconded by Deputy Mayor Black.  Motion carried.
9. REQUEST FOR VARIANCE RE: PAUL GORDON PROPERTY LOCATED AT 33 EPWORTH PARK ROAD
A discussion was held in Closed Session regarding the above request to erect a sign larger than 40 sq. ft. at the River Valley Ball Field during ball season (May 15th to September 15th) to advertise upcoming events at the ball field, and also thank all who donated to help put up lights on the field.  Deputy Mayor Black advised that Mr. Gordon has received permission from the School Board in the form of a letter and that the sign has already been erected.
The Committee had concerns, as the sign depicted in the application did not seem to mention all those who donated, and seemed more like an advertising sign for the major sponsors.  Due to the fact Paul Gordon was not present during the Open Session to clarify  concerns raised, the following motion was made:
“…It was moved by Bill McCann Evans that P.A.C. Table this item to the next meeting when Paul Gordon is present….”
Motion seconded by James Evans.  Motion carried.
10.  REPORT FROM DEVELOPMENT OFFICER OF JULY 7, 1999 RE: REQUEST FOR VARIANCE CLAUDE CORMIER – 1 GARY COURT
A Closed Session discussion was held regarding the above variance request to construct a detached garage, 24 ft. wide by 26 ft. deep, within the front yard setback.  The Committee concurred with the Development Officer’s recommendations.  However, they had concerns with regard to sloping
Claude Cormier and Contractor, Bob Landry were present.  When asked if they had anything more to report, they advised that there has been no response from surrounding property owners opposing the application, and that the Development Officer inspected the site and had no problem with the slope.  They also advised that sufficient fill has been brought in to bring it up to grade and that grass is to be put down before the building is put up.
“…It was moved by Philip Kelly regarding Request for Variance made by Claude Cormier, 1 Gary Court to construct a 24 ft. by 26 ft. detached garage be granted, subject to recommendations made by the Development Officer and P.A.C. as follows:
1. the exterior of the garage to be sided (vinyl) before September 30, 1999;
2. the footing to be located a minimum of 5 feet from the top of the sloped back fill;
3. the slope be grassed (wild) to allow a green cover before September 15, 1999, east and north of garage;
4. the sloping to be done to the satisfaction of the Building Inspector before a Permit is issued….”
Motion seconded by Ralph Stevens.  Motion carried.
11. REPORT FROM IRVIN T. BRUHIER OF JULY 5, 1999 RE: REQUEST FOR TEMPORARY SIGN MRS. CHARLOTTE LOHNES – 690 NEREPIS ROAD
A discussion was held in Closed Session regarding the above request to allow the placement of a portable sign to direct the general public to a new historical museum and “Tea Tour”.  The Applicant presently operates a Bed & Breakfast on this site, known as Mount Hope Farm in an “R” Zone.  However, the Tea and Tours, and Lobster Suppers are not permitted in the “R” Zone.  Presently, there is a sign depicting all the uses, however, this is parallel to the road.  The present application is to place a portable sign at right angles to the road that would be more visible.  It was noted that there was no plan showing the type of sign proposed attached to the Application.  Also, no response was received from the surrounding property owners.
At the request of Mr. Bruhier, corrections were made to his report.
Mr. Tic Lohnes, husband of the Applicant was present during the Open Session.  He advised the Committee that he wishes to place the sign on wheels, as close to the road as possible, advertising the museum, to be up until approximately October 15th.
“…It was moved by Deputy Mayor Black that the Applicant come back to PA.C. with a detailed proposal as to the type of sign she wishes to erect with regard to advertising….”
Motion seconded by Ralph Stevens.  Motion carried.
12. REPORT FROM WORKS COMMISSIONER OF JUNE 24, 1999 RE: LETTER FROM W C. MACLEOD BUILDER’S OF JUNE 21, 1999
(A) THREE LETTERS RECEIVED FROM SURROUNDING PROPERTY OWNERS
During the Closed Session discussion, it was determined that due to the fact the Development Officer is on vacation, the wrong information was put on the Agenda, i.e.   the Development Officer’s Report of June 24 to the Town Manager regarding a letter from W. C . MacLeod Builders of June 21, 1999 requesting the Town assist him in the amount of $2,000.00 per lot for the development of six new lots on Ridgeway.
What should have been addressed, is the Developer’s Agreement and Final Approval of Valleyview Estates Phase 9, Stage 1.  A copy of the Subdivision Final Approval was included with the item,  however, it was the consensus of the Committee that there was insufficient information provided at this time to make a decision.
Wayne MacLeod was present during the Open Session and was informed that there wasn’t anything that could be accomplished this evening, as P.A.C. did not have the proper documentation.  Regarding the matter of the $2,000.00 he requested per lot, he was advised that the Town presently does not have a policy to assist developers, but that this is something that should be looked into in the future.
“…It was moved by Mel Steffens that this item be Tabled to the next meeting when a Staff Report is made available, as per new Town Policy….”
Motion seconded by James Evans.  Motion carried.
Mr. MacLeod reiterated to the Committee that he has already started the work and was of the understanding that final approval would be given this evening.   Once again, the Committee apologized for this misunderstanding and recommended that he contact the Town Manager first thing in the morning and inform her of the situation. The Committee then told Mr. MacLeod that P.A.C. would do whatever possible to move this along more quickly, so it could be addressed by Council on July 26, 1999.
12. (A) THREE LETTERS RECEIVED FROM SURROUNDING PROPERTY OWNERS
It was brought to the Committees attention during the Open Session that 11 (A) was not related to Item 11 and should have been a separate item on the Agenda , i.e. Tentative Subdivision Approval – Panoramic Estates, Phase 1 off  of Woolastook Drive, which was previously addressed by P.A. C. during their June 7, 1999 meeting.   The Applicants, June Garfield and Candace Floyd had on hand a letter from the Development Officer dated July 6, 1999, which the Chairman read to the Committee, advising that the item would be on the July 19, 1999 P.A.C. Agenda.   The Chairman then requested that this item be placed on the Agenda as Item No. 15, and that due to the amount of interested people present with regard to this matter, that it be addressed immediately after Item # 12.
“…It was moved by Ralph Stevens that this item be placed on the Agenda as Item No. 15….”
Motion seconded by Mel Steffens.  Motion carried.
13.  APPLICATION FOR TENTATIVE SUBDIVISION APPROVAL RE:  ALDORIA & LINDA SAULNIER – LOT 99-1 & 99-2 INGLEWOOD DRIVE & BRANDY CRESCENT
A discussion was held in Closed Session regarding the above subdivision approval  for the creation of two new lots.  Once again, due to the fact the Development Officer is on vacation and insufficient documentation provided, and also the fact that Mr. and Mrs. Saulnier  were not present during the Open Session, the Committee felt this item could not be properly addressed.
“…It was moved by Ralph Stevens that this item be Tabled to the next meeting  when a Staff Report is made available, as per new Town Policy….”
Motion seconded by Bill McCann.  Motion carried.
14. TENTATIVE SUBDIVISION APPROVAL PANORAMIC ESTATES PHASE 1 – OFF  OF WOOLASTOOK DRIVE
Present during the Open Session were the Applicants, June Garfield and Candace Floyd, and also Darrell Fisher from A D.I., representing the Applicants.   Also, for the record, there were 36 people present during the Open Session at 8:00 p.m., with the majority in attendance with regard to above proposed subdivision.  These interested  individuals were also in receipt of a letter from the Development Officer inviting them to this evenings P.A.C. meeting when the matter would be addressed.
There seemed to have been a misunderstanding, as Mr. Fisher advised that he was under the impression that this would be an information session, as he only has Preliminary Plans and that a Final Subdivision Plan has not been finalized.  However, the people present were of the opinion that at this meeting they would be informed as to what is being proposed and could in turn view their concerns.  At this point, it was the consensus of the Committee that due to the amount of people present, that they be given the opportunity at this time to express their concerns.  There was no one present who was in favor of this application.
The following two people took the podium and addressed the Committee:

  • Allen Calder – 6 Leila Street, Epworth Park Heights

Mr. Calder stated that he has no problem with the proposed subdivision, only that it not be connected with Epworth Park Heights, as it has a grade ranging from 16% to 30% with a 90 degree turn and recommended that Highland Road be made the connector road.

  • James Shaw – Spring Street

Mr. Shaw spoke on behalf of his father and advised that his father’s property is located adjacent (south) of the proposed plan.  He stated that there should be other concerns taken into consideration with regard to this proposal, i.e. all the land connected to the proposal, Land for Public Purposes, proper drainage.  He also stated that in his opinion, this is a poor plan and is out of scale, and that the Plan and letter he received are not relevant to each other, adding that there is a total lack of information.

  • Dale Smith – 4 Park Avenue

Mr. Smith had his concerns drafted in letter form dated July 6, 1999 which he gave to the Chairman for  P.A.C.’s records.
Following these presentations, Mr. Fisher responded stating that he proposes to draw up a Plan depicting adjacent property owners (left and right), Land for Public Purposes, and address proper run off, which will be presented at the next meeting.
The Chairman advised the people present that they could once again attend the next meeting, and that P.A.C. would accept additional letters after the deadline date shown on the letter they received, and asked that they be delivered to the Town Office by the Thursday preceding the next meeting.
“…It was moved by Mel Steffens that this matter be Tabled to the next meeting….”
Motion seconded by Deputy Mayor Black.  Motion carried.
15. TELEPHONE POLL OF JUNE 30, 1999 RE:  DRAFT BY-LAW NO. 17  GRAND BAY WESTFIELD BUILDING BY-LAW
The above Draft was reviewed and the following addition and amendment was made:
Addition:
4(3)      The requirements of the Provincially adopted National Fire Code of Canada and amendments thereto are hereby adopted and shall apply to all buildings and structures within the Town of Grand Bay-Westfield except as otherwise exempted.
Amendment:
16.       The Building Inspector shall keep one copy of the Provincially adopted National Building Code and National Fire Code of Canada available for the public use.
“…It was moved by Ralph Stevens that P.A.C. recommend Council adopt Draft By- law No. 17,  Town of Grand Bay-Westfield Building By-law as amended….”
Motion seconded by James Evans.  Motion carried.
16. MEMO FROM DEPUTY MAYOR BLACK OF JULY 5, 1999  RE:  BY-LAW NO. 215 – REVISION 2
As per Deputy Mayor’s request, two concerns regarding Revision 2 of By-law No. 215 were reviewed as follows:
1. The definition of a “Dwelling Unit” be revised to specify one kitchen.  The Committee  requested that Mr. Bruhier refer to the Saint John By-law to determine their definition and report back.
2. Addition to Page 15 of the By-law to address the proper storage or placement of any material on a corner lot.
The following motions were then made:
“…It was moved by Bill McCann that No. 1 be Tabled until such time further clarification is received as to the definition of a “kitchen”….”
Motion seconded by Philip Kelly.  Motion carried.
“…It was moved by Mel Steffens regarding No. 2, that P.AC. recommend to Council, Deputy Mayor Black’s submission be included in By-law # 215, as presented….”
Motion seconded by James Evans.  Motion carried.
17. AJOURNMENT
Ralph Stevens moved adjournment at 9:55 p.m.

Respectfully submitted,

Laylia Nice,                                                                 Larry Chapman,
Secretary                                                                     Chairman