PAC Minutes – May 6, 2002

The regular meeting of the Grand Bay-Westfield Planning Advisory Committee was held Monday, May 6, 2002 in Room “A”, 609 River Valley Drive.   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.
2. PLANNING ADVISORY COMMITTEE MINUTES OF APRIL 15, 2002
“…moved by Michael Hare to accept as presented the April 15, 2002 Planning Advisory Committee Minutes….”
Motion seconded by  Ralph Stevens.  Carried.
3. REGULAR COUNCIL MINUTES OF APRIL 8, 2002
“…moved by Ralph Stevens to receive and file the Regular Council Minutes of April 8, 2002….”
Motion seconded by Tony Ratchford.  Carried.
4. CHAIRMAN’S REMARKS
No Remarks.
5. DECLARATION OF CONFLICT OF INTEREST
No conflicts declared.
6. FOR INFORMATION ONLY: DOCUMENTS PROVIDED BY LYNDA SILLIPHANT RE:   APPLICATION FOR EXEMPTION OF SUBIVISION BY-LAW
“…moved by Ralph Stevens to receive and file the above documentation….”
Motion seconded by Michael Hare.  Carried.
7. FOR INFORMATION ONLY:
(A)  LETTER FROM TIMOTHY HOPKINS OF APRIL 30, 2002
(B)  LETTER FROM PAC TO DOUG SMITH OF MAY 2, 2002
…moved by Ralph Stevens to receive and file the above information….”
Motion seconded by Michael Hare.  Carried.
8. MEMO FROM DEVELOPMENT OFFICER OF MAY 2, 2002 RE:  MUNICIPAL PLAN BY-LAW & ZONING BY-LAW REVIEW
A telephone conference call was held at 7:40 p.m. between the Committee and Jeff Ward of the SGE Group, to address concerns regarding the preliminary results of the development of the Municipal Plan By-law.
The following concerns were addressed:

  • Schedule “B” – Transportation

It was the consensus of the Committee that there should be comprehensive studies done with regard to the proposed intersection of Murray Street and River Valley Drive, with perhaps other options taken into consideration prior to any decision being made, as this intersection could pose safety issues and will have a major impact on the Town.

  • Schedule “C” – Environmental Protection

It was noted that revisions are needed to be made to the map regarding setback protection from watercourses. For example Milligan Brook was not shown as far as its source lakes, as well as other brooks should be represented the same way.
Mr. Ward advised that the 50 metre stream buffer was proposed as an additional control that could be put in place by the Town, however this could be changed to the Provincial standard of 30 metres. He agreed that additional information is expected to be co-ordinated with Provincial mapping sources.

  • Section 3.1.6 – Parks and Recreation and Open Space

Policy P-1 – Proposed Town’s trail system along the power line:
It was stated to Mr. Ward that this would not be an easy endeavor, as it would involve all property owners granting permission or easements to construct such a trail.
Mr. Ward suggested that this could be accomplished through Land for Public Purposes or be rephrased to allow locating alternate routes.

  • Policy P-4 – Proposed public park in the Inglewood area:

The Chairman advised that this is undisturbed land with small animal habitation and should be preserved as a natural area.
Mr. Ward stated that the wording could be changed and perhaps not designate a particular area but identify the need for a waterfront park study to find the best options for developing public waterfront park.

  • Section 3.1.3 – Environment – Policy ENV-2 – Flood Plains

Mr. Ward recommended that one solution would be to adopt the Provincial setback of 30 metres with specific wording in the Zoning Requirements giving the PAC the ability to prohibit development otherwise permitted under the by-law where the site is marshy, subject to flooding or otherwise unsuitable.
In closing, Mr. Ward advised that the By-law will differentiate between      what is a Policy and what is a Proposal within the Plan. The difference distinguishes the responsibility of Council and others to prevent inconsistent development or a variance to the Municipal Plan.
The telephone conference call concluded at 8:07 p.m.
9. DEVELOPMENT OFFICER’S REPORT DATED MAY 1, 2002 RE:   APPLICATION FOR VARIANCE JAMES BANKS – 57 RIDGE WAY
A discussion was held in Closed Session regarding the above Application for Variance for the addition of a garage to a main building, requiring a variance to the side yard setback.
Applicant, James Banks was not present during the Open Session.
There was one other presentation made in opposition to this Application:

Stephan Pelletier – 61 Ridge Way

  • He purchsed a home adjacent to the Applicant and moved in one week ago;
  • His reason for purchasing in the area was the spacing between the homes and feels the granting of this variance would hinder his privacy;
  • His family room is on the side of the proposed garage and the height of this garage would diminish the amount of sunlight.

The following motion was then made:
“…moved by Ralph Stevens that the Planning Advisory Committee deny the Application for Variance to the Town of Grand Bay-Westfield Zoning By-law, for the development of an addition to the main building, located at 57 Ridge Way, PID no. 30186365….”
Motion seconded by Michael Hare.  Carried.
10. DEVELOPMENT OFFICER’S REPORT DATED MAY 1, 2002 RE: APPLICATION FOR VARIANCE  ALLAN FRIGAULT – 69 MORNINGSIDE CRESCENT
A discussion was held in Closed Session regarding the above Application for Variance to construct a single family dwelling, requiring a variance to the height of the foundation in relation to centre line grade of street.
The Development Officer advised that the owner did not sign the original  Application as copied to the Committee but it was received on May 6, 2002.
Applicant Allan Frigault was present during the Open Session and advised the Committee of the following:

  • His Application was for a variance to build  2 to 3 feet below grade;
  • However, he now wishes to build on natural ground and leave room for error, and is requesting a maximum of 5 feet (from the street to the top of the foundation level);
  • He proposes to locate the building 69 feet from the curb;
  • He plans on controlling water run off by sloping the grade away from the building on both sides.

There were no other presentation made in favor of or against this Proposal.
The following motion was then made:
“…moved by Ralph Stevens that the Planning Advisory Committee grant the following Request for Variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No 16, Division 1, for the construction of a single family dwelling located at 69 Morningside Crescent, PID No. 30022974:
a) under Section 80, a variance of 2.25 m to reduce the height of  the foundation  wall from  being required to  be  placed 750 mm above centre line grade of the street to being located 1.5 m below the centre line grade of the street;
subject to:
the placement of the main building with a 17 m setback from the street line and adequate drainage including swales around the sides of the building to direct water away from the foundation….”
Motion seconded by Michael Hare.  Carried.
11. DEVELOPMENT OFFICER’S REPORT DATED MAY 1, 2002 RE:   APPLICATION FOR VARIANCE STEPHEN MAGEE – 34 MALLARD DRIVE
A discussion was held in Closed Session regarding the above Application for Variance to construct an accessory building for woodworking and wood storage, requiring a variance to the maximum height of an accessory building.
Applicant, Stephen Magee was present during the Open Session and advised the Committee of the following:

  • He needs the extra height for the roof pitch;
  • He requires headroom for wood storage;
  • He already has a garage and shed located on his property.

It was noted that there was no Plot Plan included in his Application depicting where the existing accessory buildings were situated on his property.  However, the Development Officer advised that this would be required to be submitted prior to a Building Permit being issued.
There were no other presentations made in favor of or against this Proposal.
The following motion was then made:
“…moved by James Evans that the Planning Advisory Committee grant the following Request for Variance to the Town’s Zoning By-law, Town of  Grand Bay-Westfield By-law No. 16, Division 1, for the development of an accessory building, located at 34 Mallard Drive, PID No. 00460550:
a) under Section 14(a), a variance of 1.7 m to exceed the maximum height of 4.5 m to a total of 6.2 m….”
Motion seconded by Mel Steffens with four Nay Votes.
Motion denied.
12. DEVELOPMENT OFFICER’S REPORT DATED MAY 2, 2002 RE:   APPLICATION FOR VARIANCE SHAWNA STOUT & COREY MAHANEY
A discussion was held in Closed Session regarding the above Application for Variance to construct a single family home including deck, requiring  variances to the front yard setback for the main building and set back for unenclosed deck.
The Development Officer advised that the house is already under construction.
Applicants, Shawna Stout and Cory Mahaney were present during the Open Session.  Mr. Mahaney gave presentation and advised the Committee of the following:

  • He started construction thinking he was within the required setback;
  • However, it wasn’t until  he obtained a Survey Plan that he realized that one  corner was not within the required setback from the street;
  • The bank is holding money until he obtains a variance.

There were no other presentations made in favor of or against this Proposal.
The following motion was then made:
“…moved by Ralph Stevens that the Planning Advisory Committee grant the following Request for Variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 16, Division 1, for the development of a single family dwelling, located at 15 Woodside Court, PID No. 00093278:
a) under section 13(a), a variance of 0.75 m to reduce the front yard setback from 7.5 m to 6.75 m;
b) under Section 65 (1)(e)(i), a variance of 1.75 m to increase the maximum projection of an unenclosed porch from 1.25 m to 3.0 m to be located in the front yard setback of the main building….”
Motion seconded by Tony Ratchford.  Carried.
13. ADJOURNMENT
Ralph Stevens moved to adjourn at 8:40 p.m.

Respectfully submitted,

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