PAC Minutes – June 21, 1999

The regular meeting of the Town of Grand Bay-Westfield Planning Advisory Committee was held Monday, June 21, 1999 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 Philip Kelly.
2. P.A.C. MINUTES OF JUNE 7, 1999
Amendments were made to Items # 5 and # 6.  It was moved by Mel Steffens and seconded by Ralph Stevens to adopt as amended the June 7, 1999 P.A.C. Minutes.  Motion carried.
3. COUNCIL MINUTES OF MAY 25, 1999
It was moved by Ralph Stevens and seconded by Deputy Mayor Black to receive and file the May 25, 1999 Council Minutes.
Motion carried.
4. CHAIRMAN’S REMARKS
Chairman, Larry Chapman requested the following Items be added to the Agenda:

  • Re:  Item Tabled June 7, 1999 Meeting – Variance Condition Violation Michelle Alward – 331 Woolastook Drive

It was moved by Bill McCann and seconded by James Evans that this item be placed on the Agenda as Item # 10.  Motion carried.

  • Re:   1999 P.A.C. Budget Item – Secretary’s Remuneration

It was moved by Ralph Stevens and seconded by Deputy Mayor Black that this item be placed on the Agenda as Item # 11.  Motion carried.
5. DECLARATION OF CONFLICT OF INTEREST
Larry Chapman declared a conflict of interest on Item No. 5.
6.  ITEM TABLED JUNE 7, 1999 RE: LETTER FROM LARRY & JOAN CHAPMAN DATED JUNE 11/99 TO ACQUIRE & ACCESS LAND FOR PUBLIC PURPOSES LARRY & JOAN CHAPMAN – COUNTRY CLUB DRIVE
Chairman, Larry Chapman left the meeting room and Vice-Chairman, Ralph Stevens took the Chair while the Committee addressed this issue in Closed Session.
Larry Chapman resumed the Chair for the remainder of the Closed Session when the other items were discussed.
During the Open Session, Larry Chapman took a seat with the other applicants and interested parties and Vice-Chairman, Ralph Stevens resumed the Chair.
Don Cullinan, the lawyer for Developer, Peter Auvinen addressed the Committee during the Open Session and gave a presentation opposing Mr. and Mrs. Chapman’s proposal.  The Committee informed Mr. Cullinan, the Developer and interested parties that Mr. Chapman’s proposal is to acquire an access to his land by having a 33 ft. driveway  constructed and maintained solely by Mr. and Mrs. Chapman, and not the Town, to service one dwelling.
Mr. Cullinan then proceeded to go into the history of Phase 1 of Developer, Peter Auvinen’s property.  He had on hand Plan # 9934 dated December 1988, which he presented to the Committee, depicting Land for Public Purposes equivalent to 1.01 hectares set aside for Phase 1, and that a Gentleman’s Agreement was made at that time  between Mr. Auvinen and the former Village of Westfield to be honored, until such time the lots in Phase 1 were sold and Phase 2 commenced.  He informed the Committee that to date, 11 of the 18 lots have been sold and that this Agreement should still be honored. However, Deputy Mayor Black made reference to a copy of the Real Estate Advertisement dated November 28, 1991, showing the layout of the lots with a “Future Street” depicted at the top of the cul-de-sac.  Mr. Cullinan stated that this was not a proper plan and that the plan he had on hand was the one being referenced.
Mr. Cullinen stated that Mr. Chapman has made no effort to contact Mr. Auvinen to try and resolve this matter, as there are other options open to Mr. Chapman to acquire an access, and felt it unfair that Mr. Chapman try and obtain a right of way onto a road built by Mr. Auvinen. He also stated that the Town should not be involved and that the matter be handled between the two property owners.
Terry and Sharon McCluskey, surrounding property owners were present.  Mr. McCluskey informed the Committee that he did not receive a letter advising him of the proposal.  Mr. McCluskey was advised that it is policy that surrounding property owners be contacted and apologized for this oversight.
Mr. McCluskey stated that they were against the proposal with the major concerns being the possibility of a subdivision being developed in the future.  The Development Officer advised Mr. McCluskey that by Mr. Chapman acquiring an access to his property did not grant him permission to create a subdivision, as he would have to once again come before Council and P.A.C. to do so.
Ruth Anne Phinney, a surrounding property owner was also present, and advised that she would not be favor of the proposal for the same reasons Mr. McCluskey stated.  However, she would not oppose a 33 ft. access for a driveway to one house.
The following motion was then made:
“…moved by Mel Steffens that this item be Tabled to the next meeting to be held Monday, July 5, 1999, in order to obtain legal opinion on a few items before a decision is made….”
Motion seconded by Deputy Mayor Black.  Motion carried.
Chairman, Larry Chapman then resumed the Chair for the remainder of the meeting.
7.  REPORT FROM DEVELOPMENT OFFICER DATED JUNE 14, 1999 RE: SUBDIVISION APPROVAL/VARIANCE-ELLEN (HELEN) G. BARRY SUBDIVISION PLAN DATED APRIL 16, 1999, LOT 98-1, 98-2 & 98-3 – MURRAY STREET & RVER VALLEY DR.
A discussion was held in Closed Session regarding the above proposal to create two newly serviced residential lots, requiring a variance on the road frontage and Land for Public Purposes.    The Development Officer informed the Committee that this is the same Plan that was before P.A.C. back in August 1998 and that the only noticeable change to the plan is the owner’s name which has changed from the son’s name (Ronald B. Barry) to the mother’s name ((Ellen) (Helen) G. Barry)).  The Committee concurred with the Development Officer’s Recommendations stated in his Report.
Ronald B. Barry was present during the Open Session when the following motion was made:.
“…moved by Bill McCann that P.A.C. accept the Staff Recommendations regarding Subdivision Approval/Variance for Ellen (Helen) G. Barry Subdivision Plan dated April 16, 1999, Lots 98-1, 98-2 & 98-3,  Murray Street and River Valley Drive as follows:
1. That the Variance on the required street line set back be approved for Lots 98-2 and 98-3;
2. That the Committee recommends to Council that $300.00 for each new lot created be accepted as money in lieu of Land for Public Purposes, $600.00 in total (cash, money order or certified cheque);
3. That the Committee grant Final Subdivision approval to the Ellen (Helen) G. Barry Subdivision A.N.B.L.S. No. 116300 dated April 16, 1999, subject to Council’s decision on Land for Public Purposes….”
Motion seconded by Deputy Mayor Black.  Motion carried.
8. REPORT FROM DEVELOPMENT OFFICER DATED JUNE 14, 1999 RE: SUBDIVISION APPROVAL/VARIANCE MARK NICOL – COTTAGE LANE
A discussion was held in Closed Session regarding the above request to adjust the boundary lines within the development requiring Subdivision Approval, to allow the creation of Lot 99-1 and a Variance to decrease the size of the mobile home park.
No response was received from the surrounding property owners.  One verbal OK by telephone was received by the Development Officer.
Mark Nicol and Surveyor Ed DeSaulnier were present during the Open Session when the following motion was made:
“…moved by Ralph Stevens that P.A.C. concurs with the Staff Recommendations that a Variance be granted to decrease the overall area of the mobile home park while increasing the individual lot area by adding Part “A” and Part “B” to the Original Lot as shown on Tentative Subdivision Plan, Mark Nicol Subdivision, Lot 99-1 dated June 1, 1999….”
Motion seconded by Bill McCann.  Motion carried.
9. REPORT FROM DEVELOPMENT OFFICER DATED JUNE 14, 1999 RE: SUBDIVISION APPROVAL – ALLEN & VERONICA TITUS NEREPIS ROAD/SUNNYSIDE DRIVE
A Closed Session discussion was held regarding the above proposal to subdivide one lot off a large remnant grant lot to create Lot 99-1 and Land for Public Purposes.  The Committee reviewed and concurred with the Staff Recommendations contained in the Development Officer’s Report.
Allen and Veronica Titus were present during the Open Session when the following motion was then made:
“…moved by James Evans that P.A.C. concurs with the Staff Recommendations to grant Tentative and Final Approval to the Allen & Veronica Titus Subdivision, Lot 99-1, Nerepis Road/Sunnyside Drive dated June 8, 1999 subject to the following:
1. completion and execution of the Easement Agreement over municipal property which provides access;
2. completion of Land for Public Purposes transfer or receipt of money in lieu as agreed to by Council;
3. payment of $5.00 Subdivision Fee (cash);
4. submission of approval from the Department of Health approving Lot 99-1 as acceptable for on-site septic.
5. The Committee recommends to Council the acceptance of $300.00 (cash, money order, certified cheque) as money in lieu of Land for Public Purposes….”
Motion seconded by Ralph Stevens.  Motion carried.
10. ITEM TABLED JUNE 7, 1999 RE: MICHELLE ALWARD VARIANCE CONDITION VIOLATION 331 WOOLASTOOK DRIVE
Neither Mr. or Mrs. Alward were present during the Open Session.  The Secretary advised the Committee that she telephoned Michelle Alward today to confirm that she received P.A.C.’s letter requesting that they be present at tonight’s meeting. Mrs. Alward stated that yes she received the letter and was aware of the meeting tonight.  However, Mrs. Alward did not advise if they would or would not be attending.
The following motion was then made:
“…moved by Ralph Stevens that P.A.C. refer the matter to Council for further action….”
Motion seconded by Mel Steffens.  Motion carried.
11. RE: 1999 P.A.C. BUDGET ITEM – SECRETARY’S REMUNERATION
The Chairman advised that the P.A.C. recommended Council raise the Secretary’s honorarium from $112.50 to $125.00 per meeting when doing up the 1999 Budget. However, due to the fact this was included in the total budget figure and not addressed separately, the matter was overlooked and she did not receive the increase.  Therefore, a motion is now needed to have Council address this issue.
The following motion was then made:
“…moved by Ralph Stevens that P.A.C. contact Council advising them of the oversight and recommend the increase be given retroactive to January 1, 1999….”
Motion seconded by Mel Steffens.  Motion carried.
12. ADJOURNMENT
Ralph Stevens moved adjournment at 9:17 p.m.

Respectfully submitted,

Laylia Nice,                                                                 Larry Chapman,
Secretary                                                                     Chairman