PAC Minutes – July 5, 1999

On Monday, July 5, 1999 at 6:30 p.m., in Room “A”, the Town of Grand Bay-Westfield Planning Advisory Committee met in Closed Session with Town Solicitor, Ralph Poley to obtain further legal advise regarding Proposal made by Larry and Joan Chapman to Acquire and Access Land for Public Purposes, Country Club Drive.
Larry Chapman previously declared a conflict of interest regarding this matter and was not present for this meeting.  Vice-Chairman, Ralph Stevens conducted the meeting.
The regular meeting of the Town of Grand Bay-Westfield Planning Advisory Committee was called to order at 7:25 p.m. by Chairman, Larry Chapman.
1. RECORD OF ATTENDANCE
All Members were present
2. P.A.C. MINUTES OF JUNE 21, 1999
Amendments were made to Item No. 5 Re: Larry and Joan Chapman, to Acquire and Access Land for Public Purposes, Country Club Drive.
It was moved by Philip Kelly and seconded by Bill McCann to adopt as amended the June 21, 1999 P.A.C. Minutes.  Motion carried.
3. COUNCIL MINUTES OF JUNE 14, 1999
It was moved by Mel Steffens and seconded by Ralph Stevens to receive and file the June 14, 1999 Council Minutes.  Motion carried.
4. CHAIRMAN’S REMARKS
The Chairman had no remarks.  However, Bill McCann had a concern and requested that the Development Officer look into the demolition of a dwelling located at 9 Westfield Crescent.  The Development Officer stated that he would look into the matter.
5.  DECLARATION OF CONFLICT OF INTEREST
Chairman, Larry Chapman declared a conflict of interest regading Item No. 5
6. ITEM TABLED JUNE 21, 1999 MEETING RE: TO ACQUIRE AND ACCESS LAND FOR PUBLIC PURPOSES LARRY & JOAN CHAPMAN, COUNTRY CLUB DRIVE
(A) LETTER FROM LARRY & JOAN CHAPMAN DATED JUNE 24/99
Due to a conflict of interest, Chairman, Larry Chapman stepped down from the Chair and   left the meeting room.  Vice-Chairman, Ralph Stevens chaired the meeting while this item was addressed in Closed Session.
Immediately following the Closed Session discussion, Chairman, Larry Chapman resumed the Chair while the other items were addressed in Closed Session.
During the Open Session, Chairman, Larry Chapman once again stepped down from the Chair and sat with the other Applicants and interested parties.  Vice-Chairman, Ralph Stevens conducted the meeting when this item was being addressed.
The Developer, Peter Auvinen and his lawyer, Don Cullinan and one unknown interested party were present during the Open Session when the item was addressed. The Vice-Chairman asked if anyone had anything further to present to the P.A.C. concerning this matter.  There was no response.  The following motion was then made:
“…moved by James Evans that P.A.C. recommends Council notify the Developer of Country Club Estates, to advise the following:
1. That the unwritten Gentleman’s Agreement made in 1988 between the Village of Westfield and the Developer for a period of five to ten years concerning Public Land be terminated, as 10 years has expired;
2. That a 10 metre Easement be granted to Larry and Joan Chapman through Land for Public Purposes off Country Club Drive.  Such Easement to run parallel with the west side line of the Ruth Ann Phinney property,  with a five metre buffer strip provided between the Easement and Ruth Ann Phinney’s property.
3. Also, recommend that a third party be retained to negotiate the Agreement between the Town of Grand Bay-Westfield and Mr. and Mrs. Chapman.
4. That the Applicant be solely responsible for the cost, construction and maintenance of the access which will allow the construction of one, single family dwelling….”
Motion seconded by Philip Kelly.  Motion carried.
Following the motion, Chairman, Larry Chapman resumed the Chair for the remainder of the meeting.
7. REPORT FROM DEVELOPMENT OFFICER DATED JUNE 29, 1999 RE: TEMPORARY USE PERMIT – UPSTREAM BANDWAGON LOCAL COMMITTEE, RIVER VALLEY COMMUNITY CENTRE- 749 RIVER VALLEY DRIVE
(A) LETTER FROM FIRE CHIEF, DAN MCCOY DATED JUNE 30/99
A brief discussion was made in Closed Session regarding the above request to operate an outdoor meeting event from July 28th to August 10th, with shows nightly between the hours of 7:30 p.m. and 9:30 p.m., to be located in the parking lot on the north end of the Community Centre.
There was no one present from Upsream Bandwagon Local Committee or the River Valley Community Centre during the Open Session.  The Committee had a few concerns,  i.e.; the use of sanitary facilities during this event, noise and clean-up
The following motion was then made:
“…moved by Philip Kelly that this item be Tabled to the next meeting, to allow representation from the interested parties and the River Valley Community Centre to appear before P.A.C…..”
Motion seconded by Bill McCann.  Motion carried.
Following this item being addressed, Rev. David McElhinney of the Wesleyan Church arrived at 8:40 p.m. and was advised of the Committee’s concerns and of the motion made.  He stated that the Upsream Bandwagon is a very reputable group who have been touring for the past five years to different communities in Canada and advised that as stated in their Application, would leave the area  in as good or better condition when they leave.  However, Rev. McElhinney was not certain at this time if the washroom facilities at the Community Centre would be made available, but if not, portable sanitary units would be placed on site.  He also advised that the event is held in a big tent and did not anticipate overly loud music being played.
Rev. McElhinney was invited to attend the next meeting which will be held Monday, July 19, 1999, along with representation from the Upstream Bandwagon Local Committtee and the River Valley Community Centre.
8. REPORT FROM DEVELOPMENT OFFICER DATED JUNE 28, 1999 RE: REQUEST FOR VARIANCE – ROBERT E. HOBEN 67 MALLARD DRIVE
A brief discussion was held in Closed Session regarding the above Request for Variance  to construct a 30 ft. x 30 ft. x 17 ft. 2 inch detached garage.  The Committee had concerns regarding the size of the garage, placement and exterior finish.
Robert Hoben was present during the Open Session and informed the Committee that the  garage will be for storage and that he has just under an acre of land, with a vacant lot on one side of him, and that the placement of the garage is due to cosmetic purposes, so that it lines up with his driveway.  He also advised that he plans to side the garage within two years, depending on his finances, as he intends to reside his house to match the garage. The following motion was then made:
“…moved by Ralph Stevens regarding Request for Variance for the construction of a detached garage made by Robert E. Hoben, 67 Mallard Drive, in that P.A.C. concurs with the Staff Recommendations as follows:
1. the building height variance to increase height to 17 ft. 2 inches be granted;
2. the building area variance to increase area to 900 sq. ft. be granted;
3. the building’s sideyard variance to allow the structure to be located 5 feet from the side line be granted;
Also, subject to P.A.C. terms and conditions as follows:
1. the Applicant place siding on the building by May 31, 2000;
2. the building is not to be used for commercial or business purposes…. ‘
Motion seconded by Deputy Mayor Black.  Motion carried.
9. ADJOURNMENT
Ralph Stevens moved adjournment at 8:45 p.m.

Respectfully submitted,

Laylia Nice,                                                                 Larry Chapman,
Secretary                                                                     Chairman

Ralph Stevens,
Vice-Chairman