PAC Minutes – March 19, 2001

The regular meeting of the Grand Bay-Westfield Planning Advisory Committee was held March 19, 2001 in Room “A”, 609 River Valley Drive.   Chairman, Larry Chapman conducted the meeting and called the meeting to order at 7:04 p.m.
1. RECORD OF ATTENDANCE
All Members were present with the exception of Michael Hare, who left a message at the Town Office advising that he would not be attending due to work commitments.
2.  PLANNING ADVISORY COMMITTEE MINUTES OF MARCH 2, 2001
“…Ralph Stevens moved to accept as presented the March 2, 2001 Planning Advisory Committee Minutes….”
Seconded by Bill McCann.  Carried.
3. REGULAR COUNCIL MINUTES OF FEBRUARY 26, 2001
“…Deputy Mayor Black moved to receive and file the February 26, 2001 Regular Council Minutes….”
Seconded by Mel Steffens.  Carried.
4. CHAIRMAN’S REMARKS
The Chairman did not have any remarks, however, Deputy Mayor Black advised the Committee of comments received from Council Members  regarding Temporary Use Permit, Grand Bay Home Hardware.
5. DECLARATION OF CONFLICT OF INTEREST
No conflict of interest declared.
6. DEVELOPMENT OFFICER’S REPORT DATED MARCH 14, 2001 RE:  TENTATIVE & FINAL SUBDIVISION PLAN APPROVALS ALIANT TELECOM INC. SKIP VAN TASSEL, NB TEL INC. OFF RIDGE WAY
A discussion was held in Closed Session regarding an Application for Tentative and Final Subdivision Plan Approvals made by Aliant Telecom Inc. for the development of a Utility/Communications Tower off Ridge Way.
The Development Officer advised the Committee that he has received inquiries as to the exact location of the development from two surrounding property owners and that Aliant Telecom Inc. has been in contact with all of the property owners involved with this application.
The Committee had the following concerns:

  • ensure chain link fence surrounding the tower;
  • will a gate be erected at access from Ridge Way;
  • Liability Insurance by Aliant Telecom Inc.

Present during the Open Session representing Aliant Telecom Inc. were Peter Forestell of the law firm Patterson, Palmer, Hunt, Murphy, Counsel for Aliant Telecom Inc. and Joe Warren, Systems Engineering Representative.
Mr. Forestell and Mr. Warren addressed the Committee and advised the following:

  • the tower site will improve cellular telephone service, upgrade and provide new services to residents in the area;
  • improve cellular coverage from Eagle Rock to West Saint John;
  • gate to be installed off private access road at entrance to new lot;
  • access road to be built by Aliant Telecom Inc. rough grading to privat standard;
  • maintenance of road will be the responsibility of the property owners and Aliant Telecom Inc., as this is not a public right-of-way;
  • fencing surrounding tower compound to be 8 ft. high, chain linked with barb wire at the top with locked gate and secondary protection at base of tower;
  • tower is held up by guy wires and mounted on a concrete base foundation;
  • the company holds significant Public Liability Insurance in place for all risks;

There were no other presentations made in favor of or against this proposal.
Prior to a motion being made, a copy of the Development Officer’s  recommendations contained in his report was given to Mr. Forestell and Mr. Warren for their perusal.  Following the review of the recommendations, Mr. Forestell advised the Committee they would be happy to meet all of the terms and conditions.
The following motions were then made by Bill McCann:
1. “…moved that the Planning Advisory Committee grant the following variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 16, Division 1, for the development of a Utility/Communications Tower as shown on Tentative Subdivision Plan, Sunny Acres Subdivision Utility Lot 2001-1 and Access, prepared by DeSaulniers Surveys Inc. dated February 28, 2001:
i) under section 14, a variance of 82.44 m is granted, increasing maximum height of a main structure from 9 m to 91.44 m; and
move that the Planning Advisory Committee permit the development of the Utility/Communications Tower as being Similar and Compatible to Uses defined under section 4 (3) (a) of the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 16, Division 1; and
move that under the Town’s Subdivision By-law, Village of Grand Bay By-law No. 6, section 5 (1) (b) the Planning Advisory Committee accept a private access as identified as Part “A”, Part ”B” and Part “C” on the above noted Plan, to provide a Right-of-Way to Aliant Telecom Inc. to lot 2001-1 as an access other than a street owned by the Crown or the Municipality, and being advisable for the development of the Utility/Communications Tower, subject to:
a)  Council accepting the recommendation from the Planning Advisory Committee, to approve the development of a Utility/Communications Tower as an essential service and be satisfied with the screening from public view provided by the lot size;
b)  a note added to the Final Subdivision Plan indicating Easement Documents for the private access are to be registered, referencing this Plan; and
c)   signature of the property owners affected by the Easement Documents be included on the Final Subdivision Plan…”
2. “…move that the Planning Advisory Committee recommend to Council to approve the development of a Utility/Communications Tower on lot shown on Tentative Subdivision Plan, Sunny Acres Subdivision Utility Lot 2001-1 and Access, prepared by DeSaulniers Surveys Inc. dated February 28, 2001 under section 4 (3) of the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 16, Division 1, as:
i) land being essential to the operation of the services concerned; and
ii) public view of the Tower will be adequately screened based on the size of the lot…”
3. “…move that the Planning Advisory Committee recommend to Council to accept $86.19 Money in lieu of Land for Public Purposes for the development of a Utility/Communications Tower on a lot as shown on Tentative Subdivision Plan, Sunny Acres Subdivision Utility Lot 2001-1 and Access, prepared by DeSaulniers Surveys Inc. dated February 28, 2001…”
Motions seconded by Ralph Stevens.  Carried.
Mr. Forestell and Mr. Warren were thanked for attending.
7. DEVELOPMENT OFFICER’S MEMO DATED MARCH 12, 2001 RE:   RECOMMENDATIONS TO COUNCIL – DRAFT BY-LAW NO. 77, STREET CLOSURE
A discussion was held in Closed Session regarding the Development Officer’s Recommendation to Council – Draft By-law No. 77, Street Closures.  The Development Officer advised the Committee has indirectly discussed this plan by its recommendation to sell Land for Public Purposes Lot on Prosser Court in May 2000. Mr. Ray Williams purchased the adjacent lot on Prosser Court in December 2000. He intends to apply for an Amending Subdivision Plan, which will consolidate his new lot with the closed portion of the street.  This portion of Prosser Court was not developed since registering the Mary Knoll Subdivision Plan in 1973.
The by-law will close the public use of the defined area and once registered, will allow the transfer of title to the land to Mr. Williams (all costs associated with legal survey and advertising have been paid by Mr. Williams as per Town Policy E.005).
The Development Officer advised no one was expected to be present this evening with regard to this item.
The following motion was then made:
“…moved by Ralph Stevens to have the Planning Advisory Committee recommend to Council to enact the Draft By-law No. 77, Town of Grand Bay- Westfield By-law to Close Certain Public Streets or Rights-of-Way ….”
Motion seconded by Deputy Mayor Black.  Carried.
8.  DEVELOPMENT OFFICER’S MEMO DATED MARCH 12, 2001 RE:   PAC RULES OF PROCEDURE & DUTIES OF THE SECRETARY
“…moved by Ralph Stevens to adopt the Planning Advisory Committee Duties of the Secretary….”
Motion seconded by Bill McCann.  Carried.
The Secretary is to make revisions to the PAC Rules of Procedure and bring same back to the next meeting for adoption.
9. ADJOURNMENT
“…moved by Ralph Stevens to adjourn at 8:21 p.m.….”
Seconded by Bill McCann.  Carried.

Respectfully submitted,

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