PAC Minutes – May 17, 1999

On Monday, May 17, 1999 at 6:30 p.m., in Room “A”, the Town of Grand Bay-Westfield Planning Advisory Committee met with Town Solicitor, Ralph Poley to review and obtain legal advise regarding the following two Items on the Agenda:

  • Item No. 11:   Access Across a “Green Area” – Allen & Veronica Titus, Sunnyside Dr.
  • Item No.12:    To Acquire and Access Land for Public Purposes

Larry & Joan Chapman, Country Club Road
Due to Larry Chapman previously declaring a conflict of interest on both Items No. 11 and 12, he was not present for this meeting.  However, Solicitor Poley advised that Larry would not be in a conflict with regard to Item No. 11.  The Committee thanked Solicitor Poley for his time and resumed with the regular meeting.
The regular meeting of the Town of Grand Bay-Westfield Planning Advisory Committee was called to order at 7:16 p.m. by Chairman, Larry Chapman..
1. RECORD OF ATTENDANCE
All Members were present with the exception of Deputy Mayor Black.  Cllr. Jack Keir was present.
2. P.A.C. MINUTES OF MAY 3, 1999
One amendment to be made to the May 3, 1999 Minutes, to show Vice-Chairman, Ralph Stevens’ signature as having chaired that meeting and not Chairman, Larry Chapman.
It was moved by Philip Kelly and seconded by Bill McCann to adopt as amended the May 3, 1999 P.A.C. Minutes.
Motion carried.
3. COUNCIL MINUTES OF APRIL 26, 1999
It was moved by Ralph Stevens and seconded by James Evans to receive and file the April 26, 1999 Council Minutes.
Motion carried.
4. CHAIRMAN’S REMARKS
No remarks.
5. DECLARATION OF CONFLICT OF INTEREST
Chairman, Larry Chapman declared a conflict of interest regading Items No. 11 and 12.
However, he advised that he wishes to withdraw his application at this time, until further notice, and have Item No. 12 removed from the Agenda, therefore only declaring a conflict of interest on Item No. 11.  He also requested that Item No. 12 be brought up as the first item to be addressed during the Open Session at 8:00 p.m., in order to advise any interested parties of his application being withdrawn and not have them sit through the lengthy Agenda, to which the Committee was in agreement.  Larry was then advised that according to Solicitor Poley, he would not be in conflict with Item No. 11.  Larry then informed the Committeee that if that was the case, he would remain present for that item.
6. DEVELOPMENT OFFICER’S REPORT DATED MAY 13, 1999 RE: REQUEST FOR VARIANCE – LAURIE MELANSON 87 BRANDY POINT ROAD
A Closed Session discussion was held regarding the Request for Variance made by Laurie Melanson, 87 Brandy Point Road to constuct a detached garage, 720 sq. ft, with a side yard setback of 2 feet.  The Committee concurred with the Development Officer’s Recommendations stated in his report.  It was noted that there was no correspondence received from the surrounding property owners.
Laurie Melanson was not present during the Open Session when the following motion was made:
“…moved by Cllr. Jack Keir regarding Request for Variance made by Laurie Melanson, 87 Brandy Point Road ;

  1. a Variance to allow an oversized garage 24 ft. x 30 ft. be granted;
  2. a Variance to reduce the side yard setback from 5 feet to 2 feet be granted;
  3. a Variance to reduce the building projections into the side yard be reduced to a minimum of 6 inches.

All subject to the addition of the following construction standards being imposed on the variance(s):

  1. the roof eave not extend greater than 18 inches into the 2 foot side yard;
  2. eavestrough be installed along the south eave over the entire length;
  3. the land between the garage and adjoining property be graded to allow surface water drainage easterly towards the river….”

Motion seconded by Ralph Stevens with one (1) Nay Vote.  Motion carried.
7. DEVELOPMENT OFFICER’S REPORT DATED MAY 13, 1999 RE: REQUEST FOR VARIANCE – MICHAEL LAROCHELLE 27 MAJESTIC DRIVE
A discussion was held in Closed Session regarding the Request for Variance made by Michael Larochelle, 27 Majestic Drive to construct an oversized garage, 720 sq. ft.,  located 15 feet from the roadway.  The Committee concurred with the Development Officer’s Recommendations contained in his report.  It was noted that there was no correspondence received from the surrounding property owners.
Mr. Larochelle was present during the Open Session when the following motion was made:
“…moved by Philip Kelly regarding Request for Variance made by Michael Larochelle, 27 Majestic Drive;

  1. that a Variance to construct a garage 24 ft. x 30 ft. be granted;
  2. that a Variance to allow the garage to be set back a minimum of 15 feet from the roadway as  proposed be granted….”

Motion seconded by Bill McCann.  Motion carried.
8. DEVELOPMENT OFFICER’S REPORT DATED MAY 13, 1999 RE: REQUEST FOR MOBILE SIGN – RIVER VALLEY ACTION COMMITTEE ON DISABLED PERSONS 7333 RIVER VALLEY DRIVE AND 150 NEREPIS ROAD
A discussion was held in Closed Session regarding the Request for Mobile Sign made by the River Valley Action Committee on Disabled Persons to erect two mobile signs to advertise a special event.  The Committee concurred with the Development Officer’s Recommendations stated in his Report.  It was noted that there was one letter from a surrounding property owner stating no objection to the proposal.
No one from the River Valley Action Committee on Disabled Persons was present during the Open Session when the following motion was made:
“…moved by James Evans regarding the Request for Mobile Sign made by the River Valley Action Committee on Disabled Persons to erect mobile signs from May 30, 1999 to June 5, 1999 at 733 River Valley Drive and 150 Nerepis Road;

  1. A Variance to allow the erection of a second temporary mobile sign at 733 River Valley Drive as requested be approved.
  2. A Tempoary Use Permit be issued to allow the placement of a temporary mobile sign at 150 Nerepis Road, subject to Council granting approal….”

Motion seconded by Ralph Stevens.  Motion carried.
9. DEVELOPMENT OFFICER’S REPORT DATED MAY 12, 1999 RE: REQUEST FOR TEMPORARY USE PERMIT SCHOLTEN’S 6-12, 217 RIVER VALLEY DRIVE
A Closed Session discussion was held regarding the Request for Temporary Use Permit made by Scholten’s 6-12, 217 River Valley Drive to erect a temporary structure.  The Committee concurred with the Development Officer’s Recommendations made in his Report.  It was noted there was no correspondence received from the surrounding property owners.
There was no one present representing Scholten’s 6-12 during the Open Session when the following motion was made:
“…moved by Philip Kelly regarding Request for Temporary Use Permit made by Scholten’s 6-12, 217 River Valley Drive that approval be granted to erect a temporary structure to be used as a garden center, subject to a Building Permit Fee of $10.00, and motion worded per P.A.C. Policy as follows:
“Pursuant to Section 5(2) of the Zoning By-law of the Town of Grand Bay-Westfield, authorization for the development described above is hereby granted for the temporary period from May 15, 1999, expiring July 15, 1999. At the end of the authorized period, you are hereby required to terminate or remove the development hereby authorized.”….”
Motion seconded by Mel Steffens.  Motion carried.
10. DEVELOPMENT OFFICER’S REPORT DATED MAY 13, 1999 RE: TEMPORARY USE PERMIT – GRAND BAY HOME HARDWARE 279 RIVER VALLEY DRIVE
A discussion was held in Closed Session regarding a Request for a Temporary Use Permit from Grand Bay Home Hardware, 279 River Valley Drive to erect a temporary structure.  The Committee concurred with the Development Officer’s Recommendations stated in his Report.  There was no correspondence received from the surrounding property owners.
No one from Grand Bay Home Hardware was present during the Open Session when the following motion was made:
“…moved by Ralph Stevens regarding a Request for Temporary Use Permit made by Grand Bay Home Hardware, 279 River Valley Drive, that approval be granted to erect a temporary structure to be used as a garden center, subject to a Building Permit Fee of $10.00 and motion worded per P.A.C. Policy as follows:
“Pursuant to Section 5(2) of the Zoning By-law of the Town of Grand Bay-Westfield, authorization for the development described above is hereby granted for the temporary period from May 18, 1999, expiring September 1, 1999. At the end of the authorized period, you are hereby required to terminate or remove the development hereby authorized.”….”
Motion seconded by James Evans.  Motion carried.
11. DEVELOPMENT OFFICER’S REPORT DATED MAY 13, 1999 RE: TENTATIVE SUBDIVISION APPROVAL WAYNE MCLEOD, RIDGEWAY
A discussion was held in Closed Session regarding Tentative Subdivision Approval, Valley View Estates, Phase 9, State 1, Plan dated April 27, 1999.  The Committee reviewed the Development Officer’s Recommendations and amendments were made
Developer, Wayne McLeod and Rick Turner of Hughes Surveys & Consultants Ltd. were present during the Open Session.  Rick Turner gave a presentation and advised the Committee that they are willing to accept the terms and conditions imposed, as stated in the Development Officer’s Report, with some reluctance, i.e. 2 (a)(i) regarding stormsewer system and that clarification be made in the form of a memo regarding 2 (e) i.e. or security.  Mr. Turner also requested that there be consistency regarding all developers.
Paul Hobart of Keel Construction was also present and advised the Committee that there are Incentive Programs in place in the Saint John and K.V. areas to assist developers and wondered if such a program could be implemented in the Grand Bay-Westfield area.  Cllr. Keir advised Mr. Hobart that there have been preliminary discussions regarding this matter and suggested that perhaps in the near future, a meeting be set up with Council, developers and Keel Construction to further discuss this issue.
The following motion was then made:
“…moved by Mel Steffens that P.A.C. grant Tentative Approval for the proposed six lot subdivision called Valleyview Estates, Phase 9, Stage 1, Plan dated April 27, 1999 as per the amended Development Officer’s Recommendations, subject to:
1. submission of Engineering Plans with an acceptable road grade center line  profile and stormsewer and curb and gutter design;
2. that P.A.C. recommend to Council that the Town enter into a Developers Agreement which would see the following steps taken before Council would assent to the Final Subdivision Plan and take ownership of the roadway and municipal service easements.
(a)  roadway to be constructed per the Subdivision By-law and to include the following infrastructure:
i) stormsewer system to service both sides of street;
ii) curb and gutter both sides;
iii) sanitary sewer main extended including service laterals subject to Department of the Environment approvals;
(b) a 6 meter wide municipal service easement be accepted on Lot 3, Block “Q” to collect spring water and piped directly to the stormsewer;
(c) Land for Public Purposes required for the subdivision be deducted from the land   previously vested in the Town as a land bank;
(d) Council not accept Ridge Way until the Developer submits all required documentation required under the Subdivision By-law from the engineer detailing construction;
(e) an acceptable bond be accepted by Council for any outstanding deficiencies prior to accepting the roadway and assenting to the Subdivision Plan;
(f) a temporary turn around be constructed prior to the town accepting the Street;
1. that P.A.C. recommend the street name Ridge Way for the subdivision….”
Motion seconded by Ralph Stevens.  Motion carried.
12. DEVELOPMENT OFFICER’S REPORT DATED MAY 12, 1999 RE: ACCESS ACROSS  A “GREEN AREA” ALLEN & VERONICA TITUS, SUNNYSIDE DRIVE
A discussion was held in Closed Session regarding the above request made by Allen & Veronica Titus, Sunnyside Drive, to access across a “Green Area” and private property to allow the construction of a single family dwelling.  Two letters were received from surrounding property owners, one in favor and one in opposition to the proposal.
Allen & Veronica Titus, and Robert & Oriole Titus were present during the Open Session.  The Development Officer’s Recommendations were reviewed with all parties and amendments were made as per the request of Allen & Veronica Titus, in particular number 3(c) regarding construction of the access over the brook/ditch, and also number 4 pertaining to the cost per square meter of the easement.
Mr. & Mrs. Allen Titus had on hand a copy of the Surveyor’s Plan showing that the ditch in question is not on Town owned property, therefore eliminating an Easement Agreement with the Town.
Mr. & Mrs. James MacNamara, one of the surrounding property owners who wrote opposing the proposal was present and advised the Committee of the water problem in that area.  A lengthy discussion ensued regarding drainage and how to best handle the situation.  Mr. MacNamara stated that he would support the proposal providing the Town addresses the water problem.
The following motion was then made:
“…moved by Cllr, Jack Keir that P.A.C. recommend to Council that approval to construct an access across the “Green Area” and the Robert Titus property to construct a single family dwelling be granted and recommend to Council:
1. Allen Titus pays to survey a 30 foot wide easement across the “Green Area” and  prepare all legal documents for review and execution by the Town;
2. The portion of roadway across the “Green Area” and over the brook/ditch be constructed as follows:
(a)  base for access shall have a minimum 12 inches of crushed gravel –  a width of 24 feet at the top;
(b)  all brush and grubbings for 30 feet shall be removed from the “Green Area”;
(c)  3 – 30” diameter reinforced concrete pipe shall be used to cross the ditch and the   inlet and outlet be done with filter fabric and rip wrapped and rocked.
3. The price for the easement shall be $1.00 square meter;
4. Easement rights shall not remove any rights already available to the Town as described in the Community Planning Act for Land for Public Purposes….”
Motion seconded by Jim Evans.  Motion carried with Two (2) Nay Votes.
13. DEVELOPMENT OFFICER’S REPORT DATED MAY 12, 1999 RE: TO ACQUIRE AND ACCESS LAND FOR PUBLIC PURPOSES LARRY & JOAN CHAPMAN, COUNTRY CLUB ROAD
This item was previously withdrawn from the Agenda during the Closed Session and was addressed first during the Open Session.  Due to a conflict of interest, Chairman, Larry Chapman stepped down from the Chair and Vice-Chairman, Ralph Stevens chaired the meeting while this item was addressed.  At that time, all interested parties present were   advised that the application has been withdrawn.  Council is to be subsequently advised of same.
Chairman, Larry Chapman then resumed the Chair for the remainder of the meeting.
14. ADJOURNMENT
Philip Kelly moved adjournment at 9:36 p.m.

Respectfully submitted,

Laylia Nice,                                                                 Larry Chapman,
Secretary                                                                     Chairman