PAC Minutes – November 20, 2000

The regular meeting of the Town of Grand Bay-Westfield Planning Advisory Committee was held Monday, November 20, 2000 at 7:00 p.m. in Room “A”.  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.  Due to illness, Development Officer, David Taylor was not present, however, Works Commissioner, Bruce Gault filled in for him.
2. P.A.C. MINUTES OF NOVEMBER 6, 2000
“…moved by Deputy Mayor Black and seconded by Bill Evans to accept as presented the November 6, 2000 P.A.C.  Minutes….”
Motion carried.
3. REGULAR COUNCIL MINUTES OF OCTOBER 23, 2000
“…moved by Ralph Stevens and seconded by James Evans to receive and file the October 23, 2000 Regular Council Minutes….”
Motion carried.
4. CHAIRMAN’S REMARKS
The Chairman advised the Committee Members of Bruce’s birthday and all wished him a “Happy 40th Birthday”!.
5. DECLARATION OF CONFLICT OF INTEREST
No Conflict of Interest declared.
6. DEVELOPMENT OFFICER’S REPORT DATED NOVEMBER 15, 2000 RE: REQUEST FOR VARIANCE GORDON SEWELL – 52 THOMPSON ROAD
A Closed Session discussion was held regarding the above Request for Variance for the construction of an addition to a dwelling, requiring a Variance to the side yard set back.  Two letters were received from surrounding property owners, one in favor and one opposing the application.
The Works Commissioner advised that the Applicant had already started construction and that a Stop Work Order was put on any further construction, as a Building Permit was not obtained.
Upon further review of the application and sketch provided by the Applicant, it was unclear to the Committee as to dimensions and layout of the property, therefore they could not concur with the Development Officer’s recommendation found in his report to grant the required Variance at this time.
Applicant, Gordon Sewell was present during the Open Session and stated to the Committee that he did not have anything further to add.  When asked if he was aware he needed to apply for a Building Permit, he stated he was not aware that he required one.  When asked as to how many sheds were on his property, Mr. Sewell stated there were two work sheds, approximately 12’ x 11’ and 8’ x 9’.  However, James Evans advised him that he was up and viewed his property and saw four sheds.  Therefore, due to the discrepancies, the following motion was made:
“…moved by Bill McCann that P.A.C. Table this item to the next meeting, in order to obtain more detailed information from the Development Officer on this Application, i.e.; scale drawing/placement of out buildings on the site….”
Motion seconded by Mel Steffens.  Carried.
The Chairman thanked Mr. Sewell for attending and advised him that the matter will again be addressed at the next P.A.C. meeting in two weeks (December 4th), and that he will be informed of same prior to the next meeting.
7. DEVELOPMENT OFFICER’S REPORT DATED NOVEMBER 15, 2000 RE: TEMPORARY USE PERMIT FLORENCE CROWE, 183 NEREPIS ROAD
A Closed Session discussion was held regarding the above request for a Temporary Use Permit to erect a temporary sign.  Works Commissioner, Bruce Gault advised the Committee that  Applicant, Florence Crowe is unable to attend this evening’s meeting due to illness.
The Works Commissioner reported that the sign in question has already been erected and is therefore, in violation.  He also advised that the Applicant wishes to erect a temporary sign on a trial basis to advertise specials, and if successful, she intends to erect a permanent sign.  However, upon further inspection, it was determined that a Variance is required on the side yard set back for the placement of the sign.   The Works Commissioner also advised that that the sign is positioned 10 feet from the property line, however, the legs of the sign are 6 feet from the line and is possibly taking up one or two parking spaces, but in his opinion this does not pose a problem as there is plenty of room.
A lengthy discussion was held regarding the fact that these type of signs are not a permitted use in this section of Town.  However, the Works Commissioner advised the Committee that this is the reason why a Temporary Use Permit is required, with terms and conditions imposed by P.A.C., at their discretion.
The Committee concurred with the Development Officer’s recommendations found in his report, however, wished to change the recommended expiration date from December 31, 2000 to December 13, 2000 as per Mrs. Crowe’s application, and also add two other conditions pertaining to the Variance required and requirements needed for the erection of a permanent sign.  The following motion was then made:
“…moved by Ralph Stevens that P.A.C.
(a) grant a Temporary Use Permit for the erection of a temporary T-1 type sign as set out under provisions of Section 70 of the  Zoning By-law, Division I, for a maximum of 6 applications during the year 2000, to be located at 183 Nerepis Road, NBGIC No. 00229088; pursuant to Section 4(2) of the Town’s By-law # 16, Town of Grand Bay-Westfield Zoning By-law, Division II, authorization for the development described above is hereby granted for the temporary period of November 20, 2000, expiring December 13, 2000.  At the end of the authorized period, you are hereby required to terminate or remove the development hereby authorized;
(b) grant a Variance of 5 feet on the side yard set back for the placement of the sign of the body, not the legs;
(c) recommend that the Development Officer review requirements to have a permanent  sign  erected  on   the  Applicant’s  property  and  report  back  to P. A.C. at the December 4, 2000 meeting…..”
Motion seconded by Michael Hare.  Motion carried with two Nay Votes.
8.  DEVELOPMENT OFFICER’S REPORT DATED NOVEMBER 15, 2000 RE: APPLICATION FOR SUBDIVISION APPROVAL DOUG SMITH – (50006907 NB LTD.) – 131  RIVER VALLEY DRIVE
A Closed Session discussion was held regarding the above Application for Subdivision Approval to develop one building lot.  The Works Commissioner advised that due to the fact this Application came in late, there are concerns which need to be addressed further  i.e.; Variance required to the access, Land for Public Purposes and land crossing over an easement.  Therefore, the Committee concurred with the Development Officer’s recommendation found in his report.
Applicant, Doug Smith was not present during the Open Session when the following motion was made:
“…moved by Bill McCann that P.A.C. Table this item for further input on the following:
(a) Variance to access other than a Public Street and lot fronting on a Public Street;
(b) consideration by the Committee for recommendation to Council concerning the acceptance of $300.00 (cash, money order, or certified cheque) as money in lieu of Land for Pubic Purposes;
(c) consideration of easement portion of existing lot being included in subdivision….”
Motion seconded by Mel Steffens.  Carried.
9. DEVELOPMENT OFFICER’S REPORT DATED NOVEMBER 9, 2000 RE: BUILDING BY-LAW AMENDMENT
Following a brief discussion, the Committee concurred with the Development Officer’s recommendation found in his report and the following motion was made:
“…moved by Ralph Stevens that P.A.C. recommend to Council the following Draft amendment to By-law No. 17, Town of Grand Bay-Westfield By-law Respecting the Building By-law, to replace Section 9 as follows:
9. Where a person fails to comply with an order the Building Inspector may suspend or revoke the building permit.  If the condition leading to the suspension are subsequently corrected, the Building Inspector shall reinstate the suspended permit….”
Motion seconded by Bill McCann.  Carried.
10. DEVELOPMENT OFFICER’S MEMO DATED NOVEMBER 8, 2000 RE: PAC PROCEDURES FOR ZONING VARIANCES
“…moved by Bill McCann to receive and file the above memo….”
Motion seconded by Ralph Stevens.  Carried.
11. DEVELOPMENT OFFICER’S MEMO DATED NOVEMBER 7, 2000 RE: UPDATE ON NOISE BY-LAW REVISIONS
“…moved by Ralph Stevens that P.A.C. receive and file the above memo and that  the Development Officer be thanked for his ongoing concerns regarding this matter….”
Motion seconded by Bill McCann.  Carried.
12. ADJOURNMENT
Ralph Stevens moved to adjourn at 8:45 p.m.

Respectfully submitted,

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