PAC Minutes – March 19, 2007

1. CALL TO ORDER
The Town of Grand Bay-Westfield Planning Advisory Committee met for a regular meeting on Monday, March 19, 2007 at 8:00 p.m. with Chairman, Ralph Stevens presiding.
2. RECORD OF ATTENDANCE
Members absent were Mel Steffens and Ron Daigle.
“…moved by Jim Burke to excuse Mel and Ron with cause….”
Seconded by Cllr. Little.  Carried.
3. PLANNING ADVISORY COMMITTEE MINUTES OF MARCH 5, 2007
“…moved by Jim Burke to accept as presented the March 5, 2007 Planning Advisory Committee Minutes….”
Seconded by Linda Estabrooks.  Carried.
4. REGULAR COUNCIL MINUTES OF FEBRUARY 26, 2007
“…moved by Cllr. Little to receive and file Regular Council Minutes of February 26, 2007….”
Seconded by Linda Estabrooks.  Carried.
5. DECLARATION OF CONFILCT OF INTEREST
Linda Estabrooks declared Conflict of Interest Re:  Item No. 7 – Maguire Excavating Ltd. – Panoramic Estates Subdivision.
6. CHAIRMAN’S REMARKS
The Chairman requested an Item be added to the Agenda as Item No. 8 (b) Re:  Letter received from Glen Cosman dated March 16, 2007.
“…moved by Jim Burke that Glen Cosman letter dated March 16, 2007 be added to the Agenda as Item No. 8 (b)….”
Seconded by Linda Estabrooks.  Carried.
7.
.
APPLICATION FOR TENTATIVE SUBDIVISION APPROVAL RE:  MAGUIRE EXCAVATING LTD. – PANARAMIC ESTATES SUBDIVISION – PHASE 2 & 4 EXTENSION – OFF FLORENCE DRIVE
(A) DEVELOPMENT OFFICER’S REPORT DATED MARCH 12, 2007
Linda Estabrooks sat in the public seating area while this Application was being addressed.
There was no one present speaking in favor of or against this Application.
1. “…moved by James Evans that the Planning Advisory Committee grant the following variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, for the creation of 12 new residential lots (being Lots C1-C7 and B22-B26), to be created out of PID No. 00220913 as shown on the Tentative Subdivision Plan, Panoramic Estates Subdivision – Phase 2, as prepared by Kierstead Quigley & Roberts Ltd. dated August 21, 2006; under Section 4.8, grant a variance of 690 m² to remove the required minimum slope of existing grades on Lots C-1 through C-8 and Lots B-22 through B-26 (Phase 2), subject to:
a)  a note being registered on the plan and forming part of the Developer’s Subdivision Agreement to require Engineered fill and erosion control measures to be undertaken and verified by the Consulting Engineer including preparation for foundation placement on engineered fill as required prior to the completion of the development of Phase 2 or in advance of any Building Permits to be issued for these lots in Phase 2, with confirmation of compliance with the minimum required 690 m² area for each of these lots has met requirements of section 4.8….
2. “…moved that the Planning Advisory Committee recommend to Council the acceptance of the proposed road design standards as shown on Preliminary Plans, Subdivision Services, Panoramic Estates Phase 2, Drawings 4-1 and 4-2 for an extension of June Avenue as prepared by ADI Limited received August 31, 2006;
a) subject to the following revisions to be noted on the final Subdivision Plan for Phase 2:
i) indicate a 15 m radius temporary turn around to be at the south end of June Avenue; ii) delete the 20 m x 17 m temporary turn around as indicated beside lot B-21;
b) and subject to submission of design drawings for Phase 4, with recommendation of approval by the Town Engineer and approval by the Department of Environment for extension of sewer services to these 5 lots;
c) and also subject to approval of the following  general conditions:
i) no blasting to occur in the development of the subdivision without a pre-blast survey and proof of liability insurance to the approval of Council; ii) recording of NB Power utility Easements on the Final Subdivision Plan;
iii) approval of Subdivision Developer’s Agreement including conditions for infill stabilization and erosion control for Phase 2 prior to final approval of the Plan…”
3. “…moved that the Planning Advisory Committee recommend to Council the acceptance of $264.89, money in lieu of Land For Public Purposes (cash, debit, money order or certified cheque) for the creation of eighteen new building lots as shown on the Tentative Subdivision Plans, Panoramic Estates Subdivision as prepared by Kierstead Quigley & Roberts Ltd., Phase 2 dated August 21, 2006 and Phase 4 dated August 22, 2006…
4. …moved that the Planning Advisory Committee approve of the name of the proposed street name as June Avenue, for Panoramic Estates Subdivision – Phase 2, as prepared by Kierstead Quigley & Roberts Ltd. dated August 21, 2006 and approve the proposed street name for the extension of Florence Drive for Panoramic Estates Subdivision – Phase 4, as prepared by Kierstead Quigley& Roberts Ltd. dated August 22, 2006 and recommend to Council to assent to the name on the Final Subdivision Plan….”
Seconded by Jim Burke.  Carried.
Linda Estrabrooks then resumed her regular seat.
8. APPLICATION FOR TEMPORARY USE PERMIT RE: GRAND BAY HOME HARDWARE C/O TERRY MONAGHAN 277/279 RIVER VALLEY DRIVE
(A) DEVELOPMENT OFFICER’S REPORT DATED MARCH 15, 2007
(B) GLEN COSMAN LETTER DATED MARCH 16, 2007
Owner, Donald Myles was present and advised the Committee that he had nothing further to add as this Application.
There was no one else present speaking in favor of this Application.
The following people were present speaking against this Application:
Glen Cosman – 9 Apple Hill Rd., co-owner of Village Square Plaza Rob Cosman – 20 Beverley Hills Dr., co-owner of Village Square Plaza
Mr. Glen Cosman addressed the Committee, concerning his letter noting that he had some concerns regarding this application. He requested to review the wording of the Application for the Temporary Use.
A copy of the Application was then given to Mr. Cosman for his perusal.
Mr. Cosman advised the Committee of the following concerns:
* he is not against the garden centre as he purchases his flowers there,  however he feels that the temporary structure used as the garden centre encroaches on “other properties”;
* he is concerned that the item may be simply approved without due consideration of the proposed operation;
* this encroachment causes a problem, as the operation of the garden centre spills out all around it and the loss of 4 parking spaces puts parking at a premium for the Plaza;
* there was an agreement made between the owners of Village Square at least 20 years ago that the parking lot would only be used for parking purposes;
* he is making PAC aware of this situation and recommends that approval be made with the intent to monitor and police the development.
The Committee noted that the Application is being treated as a new application however private agreements for joint use of the property may in fact be more restrictive than that which may be approved by the Committee.
1. “…moved by James Burke that the Planning Advisory Committee grant a Temporary Use Permit to Donald G. Myles Ltd., operate a seasonal Garden Centre permitting a temporary structure to be used as a Garden Centre between April 16, 2007 and August 4, 2007 to be located in the parking lot located at 277/279 River Valley Drive, PID No. 00090258/00090266, subject to:
a) the area proposed for the Temporary Use is to be limited to a total of 65m² (700 sf);
b) no more than four permanent parking spaces are to be lost in the location of the Temporary Use;
c) pursuant to Section 2.9 of the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, authorization for the development described above (Garden Centre) is hereby granted for the temporary period beginning April 16, 2007 and expiring on August 4, 2007.  At the end of the authorized period, you (Donald G. Myles Ltd.) are hereby required to terminate or remove the development hereby authorized….”
Seconded by Linda Estabrooks.  Carried.
9. ADJOURNMENT
“…moved by Jim Burke to adjourn…” at 8:25 p.m.
Seconded by Linda Estabrooks.  Carried.

Respectfully submitted,

Ralph Stevens
PAC Chairman
Laylia Nice
PAC Secretary