PAC Minutes – March 20, 2000

The regular meeting of the Town of Grand Bay-Westfield Planning Advisory Committee was held Monday, March 20, 2000 at 7:00 p.m. in Room “A”.  Chairman, Larry Chapman conducted the meeting and called the meeting to order at 7:00 p.m.
1. RECORD OF ATTENDANCE
All Members were present.
2. P.A.C. MINUTES OF MARCH 6, 2000
“…it was moved by Deputy Mayor Black and seconded by James Evans to accept as presented the March 6, 2000 P.A.C.  Minutes….”
Motion carried.
3. REGULAR COUNCIL MINUTES OF FEBRUARY 28, 2000
“…it was moved by Ralph Stevens and seconded by Bill McCann to receive and file the February 28, 2000 Regular Council Minutes….”
Motion carried.
4. CHAIRMAN’S REMARKS
No remarks.
5.  DECLARATION OF CONFLICT OF INTEREST
No Conflict of Interest was declared.
6. DEVELOPMENT OFFICER’S REPORT DATED MARCH 15, 2000 RE: CONFLICT OF INTEREST DISCLOSURE FORMS
The Development Officer informed the Committee that all Members should be in a position to forward a signed copy of their Conflict of Interest Disclosure Forms to be filed with the Town Clerk.
The following motion was then made:
“…it was moved by Deputy Mayor Black and seconded by Michael Hare that the Secretary bring copies of the Conflict of Interest Disclosure Forms to the next meeting for each Member to sign and then forward on to the Town Manager….”
Motion carried.
7.  DEVELOPMENT OFFICER’S REPORT DATED MARCH 13, 2000 RE: REQUEST FOR VARIANCE DEXTER B. DENTON – 19 RIVER STREET
A discussion was held in Closed Session regarding the above Request for Variance for the demolition of an existing structure and construction of a new single family dwelling, requiring three variances to the side yard set back, lot width and minimum lot area.  The Development Officer informed the Committee that the existing structure is non-compliant, as it is too close to the water and existing property lines, however, it is a legal non-compliant structure.  Any variances would be subject to P.A.C. approval of variances to the Zoning By-law.
Letters were sent out to the surrounding property owners with one reply received.  The Committee concurred with the Development Officer’s recommendations in his Report, however, wished to add a condition regarding Department of Environment approval.
Dexter Denton was present during the Open Session and showed aerial photos of the property in question which were taken back in 1980.  He informed the Committee that a person by the name of Cohen purchased the 44 ft. property in 1920, however, it was sold in 1921 with the Deed depicting the property as 35 ft..  There is a discrepancy of 9 ft. and Mr. Denton is now, through Revenue Canada Taxation, trying to find a relative of the Cohen family of this 9 ft. strip of land, with the option of buying it and making the lot 44 ft. once again.  However, it was the consensus of the Committee that this 9 ft. strip of land did not have any bearing on the proposal submitted.
The following motion was then made:
“…it was moved by Ralph Stevens and seconded by Mel Steffens that P.A.C. grant the following variances to Dexter B. Denton for the development of a single family home to be located at 19 River Street, NBGIC # 00226597 under the Town’s By-law # 16, Town of Grand Bay-Westfield Zoning By-law, Division I:
1. under Section 13, grant a side yard set back of 3 feet(1 m) from the north property line adjacent to Cohen property identified by NBGIC # 30188882, reduced from the required 12 feet (3.5 m) minimum;
2. under Section 19(1)(a)(i), grant a lot width of 35 feet (10.6 m) reduced from the required 75 feet width (23 m);
3. under Section 19(1)(a)(ii), grant a lot area of 6125 sf (569 m²), reduced from required 7500 sf (690 (m²) minimum;
4. subject to Department of Environment approval of a Water Course Alteration Permit, if required….”
Motion Carried.
8. DEVELOPMENT OFFICER’S REPORT DATED MARCH 13, 2000 RE: REQUEST FOR VARIANCE KEVIN THORNE – 13 HALL ROAD
A Closed Session discussion was held regarding the above Request for Variance for the construction of a single family dwelling, exceeding the maximum 28’ height restriction.
Letters were sent to the surrounding property owners with three replies received (see file).  The Committee concurred with the Development Officer’s Recommendations in his Report, however, had concerns regarding where the the septic field would be placed, but concluded this to be a Department of Health approval.
Kevin Thorne was present for the Open Session and informed the Committee that he did not have anything further to add.  There was no one present either in favor or against the proposal.  Mr. Thorne informed the Committee that the septic field would be placed out towards the road and not behind the structure, and would be subject to Department of Health approval.  Mr. Thorne also gave a brief history of the right-of-way in question.
The following motion was then made:
“….it was moved by Bill McCann and seconded by Deputy Mayor Black that P.A.C. grant Kevin Thorne a variance of 3 feet in height in excess of the maximum 28 foot height restriction, as set out in Section 13 of the Town’s By-law No. 16, Town of Grand Bay-Westfield Zoning By-law, Division II, for the proposed structure to be located as NBGIC # 00228643, with civic address 13 Hall Road, subject to:
1. Department of Health approval of septic system;
2. respecting road right-of-way established in G.G. Murdock Plan dated May 28, 1902….”
Motion carried.
9. DEVELOPMENT OFFICER’S REPORT DATED MARCH 14, 2000 RE: REQUEST FOR VARIANCE  EUGENE ROY – 5 BALLENTINE PLACE
A discussion was held in Closed Session regarding the above Request for Variance for a new addition of garage and extension of living area above.
Letters were sent out to the surrounding property owners with two replies received.  The Committee concurred with the Development Officer’s recommendations in his Report, with one change made to the condition regarding windows to the new addition.
Mr. and Mrs. Eugene Roy were present during the Open Session, along with neighbour, Mrs. Helen Strachan, who had previously replied by letter stating concerns with regard to placement of windows adjacent to 3 Ballentine Place and the condition of the existing trees.  Mr. Roy stated that he had nothing further to add.  He advised the Committee that he he may have to go down 1 foot to meet the present grade, but that he did not anticipate any excavation and that he will replace any damaged trees, if necessary.
The following motion was then made:
“…it was moved by Bill McCann and seconded by Mel Steffens that P.A.C. grant a variance to Eugene Roy to reduce the side yard set back of 15 feet by 1 foot, as set out in Section 12 of the Town’s By-law No. 16, Town of Grand Bay-Westfield Zoning By-law, for the proposed addition located at NBGIC # 00457077, with civic address 5 Ballentine Place, subject to:
1. new siding to be integrated into existing siding width and colour;
2. maintain the proposal of no windows for side yard wall of addition;
3. existing drainage tile be redirected to the rear of the property;
4. existing trees along property line adjacent to # 3 Ballentine Place be maintained or replaced as a result of the construction;
5. Department of Health approval of variance on minimum lot width….”
Motion carried.
10. ADJOURNMENT
Ralph Stevens moved to adjourn at 8:35 p.m.

Respectfully submitted,

Laylia Nice,                                                     Larry Chapman,
Secretary                                                         Chairman