PAC Minutes – November 4, 2002

The regular meeting of the Grand Bay-Westfield Planning Advisory Committee was held Monday, November 4, 2002 in “Room “A” of the Community Centrum, 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
Michael Hare was not in attendance.
2. PLANNING ADVISORY COMMITTEE MINUTES OF OCTOBER 21, 2002
“..moved by Ralph Stevens to accept as presented the October 21,  2002 Planning Advisory Committee Minutes….”
Motion seconded by James Evans.  Carried.
3. REGULAR COUNCIL MINUTES OF OCTOBER 15, 2002
“…moved by Mel Steffens to receive and file the Regular Council Minutes of  September 23, 2002….”
Motion seconded by Ralph Stevens.  Carried.
4. CHAIRMAN’S REMARKS

  • The Chairman requested Mel Steffens present a short summary of the Planning for Sustainability session held on Nov. 1-2 by the NB Planning Commissions Association.  Mel Steffens noted that the Friday session dealt primarily with Provincial policy and the Saturday session dealt with the theory of sustainable development and practical matters of the Community Planning Act.  Mel Steffens has offered to prepare notes for distribution to members for the next meeting.
  • Term expirations were noted for Larry Chapman and Michael Hare due on December 31, 2002.  Notification of the vacancies is      required to be forwarded to Council.

The following motion was made:
“…moved by Ralph Stevens that the Planning Advisory Committee advise Council that the following two P.A.C. Members have terms due to expire on January 1, 2003:
Larry Chapman
Michael Hare…”
Motion seconded by Mel Steffens.  Carried.

  • On behalf of the Applicant for Item 5, a request has been made for the item to be placed later on the agenda to accommodate Mr. Gerry Roberts, Surveyor attending on behalf of the applicant, who is attending an earlier PAC meeting in Rothesay.

The following motion was then made:
“…moved by Mel Steffens that item 5 be moved on the agenda to follow item No. 8  as No. 8a ….”
Motion seconded by Andrew Shaw.  Carried.
5. DECLARATION OF CONFLICT OF INTEREST
Andrew Shaw declared a conflict with Item 8a.
6. ITEM MOVED TO ITEM 9a.
7. DEVELOPMENT OFFICER’S REPORT DATED OCTOBER 31, 2002  RE:  APPLICATION FOR VARIANCE – 109 BRANDY POINT ROAD
During Closed Session the Development Officer noted a phone call received from Leo Holland (from Belleville) on November 4th.  Mr. Holland wished to express that his principle concern with this application was to maintain the use and enjoyment of his own property.  He indicated that the parcel adjacent to the development was created in the 1970s for parking and accessing the steep slope on the other side of the road.  He has further concerns with potential widening of the road.
There was no one present during the Open Session representing the Applicant and no one spoke in favour of or against the 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 I, for the proposed addition to the residence located at 109 Brandy Point Road, PID No. 30097067:
a)   under section 13(b), grant a variance of 1.16 m to reduce the minimum setback from the property line from 3.5 m to 2.34 m… ”
Motion seconded by James Evans.  Carried.
8. DEVELOPMENT OFFICER’S REPORT DATED OCTOBER 31, 2002  RE:  APPLICATION FOR VARIANCE – 207-217 RIVER VALLEY DR.
During Closed Session the Development Officer noted two phone calls received. One phone call was received from Emile Robichaud on October 28th noting his objection to the proposal for sightlines at the corner and one phone call was received on November 1st from Gordon Arsenault noting his objection to the proposed location.
Paul Gordon was present during the Open Session to answer questions and noted that the existing horizontal propane filling station will be removed within 30 days. He indicated that the company would have no objection to locating the development further back from River Valley Drive along the side property/street line to the minimum set back (7.5 m) from the building; that no parking spaces would be lost (they would be reconfigured around the filling station) and that he would be willing to provide additional information as requested by the Committee in regard to the location and proposed look of the station for the next meeting.
Gordon Arsenault spoke against the proposal noting:

  • it is unsafe in his neighbourhood
  • visibility at the corner would be compromised
  • the station would be unsightly.

Alfred Daigle spoke against the proposal based on similar concerns to Mr. Arsenault.
No further presentations were made in favour or against the proposal.
The following motion was then made:
“…moved by Cllr. Little that the Planning Advisory Committee table the request for variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 16, Division I, for the location of a propane filling station in the front yard of the main building located at PID No. 00218628  until the next PAC meeting of November 18, 2002 for the applicant to provide additional information on the location and visual impacts of the proposed development…”
Motion seconded by Andrew Shaw.  Carried.
9.  DEVELOPMENT OFFICER’S REPORT DATED OCTOBER 31, 2002  RE:  TENTATIVE SUBDIVISION PLAN – SHANNON ROAD
During Closed Session, the Development Officer noted discussing the proposal with the Wallace’s on October 31st.  The Land Bank option was presented as an option to fulfill the requirement for the Land for Public Purposes (LFPP) for the single lot subdivision, meet the requirements for further subdivision and to create a natural boundary for the Town to maintain its obligations to protect the brook. Although there was some initial misunderstanding as to the (LFPP) requirement with a single lot subdivision, the direction from the applicants was to proceed with the application as presented. Although they would prefer the requirement to be met by paying Money in Lieu of Land for Public Purposes, they understood that they could make their concerns known to Council before the final decision is made.  On behalf of the owner, Bill Atkins (husband) indicated by telephone that the family had reservations over previous dealings with the Town regarding the establishment of the Sewerage lagoon, but the decision to deal with LFPP under this application was up to Claudia Wallace (sister to Bonnie Atkins).
During the open session, Mr. Wallace noted his concern for damage to the existing “green” area near the brook from the existing salt shed. He feels the request for land regarding this subdivision is unfair and that the Town has a park nearby and plenty of land available for future park sites.  Claudia Wallace also noted that she does not feel that the creation of a single lot should be considered a subdivision.
James Evans noted that other areas in the Town have been acquired through LFPP which have not been developed as park sites.
There was no one else speaking in favour or against the application.
Ralph Stevens made a motion to recommend to Council the provision of a Land Bank out of land between the Town owned property and the Brook for purposes of this application and future subdivision(s) of the remnant parcel.
The motion was not seconded and was lost.
The following motion was then made:
“…moved by James Evans that the Planning Advisory Committee recommend to Council the acceptance of Money in Lieu of Land For Public Purposes under the requirements of the Town’s Subdivision By-law, Village of Grand Bay By-law No. 6, for the development of a single building lot as shown on the Tentative Subdivision Plan, Bonnie Atkins Subdivision, Lot 2002-1, dated October 10, 2002, as prepared by DeSaulniers Surveys Inc. subject to:
i) revisions to the Final Subdivision Plan to show the increased area of the proposed lot on the eastern boundary line by approximately 15 m;
ii) utility easements for Lot 2002-1 to be reviewed by NB Power and NB Tel and recorded on the  Final Subdivision Plan as required…”
Motion seconded by Andrew Shaw.  Carried.
9.a DEVELOPMENT OFFICER’S REPORT DATED OCTOBER 31, 2002  RE:  TENTATIVE SUBDIVISION PLAN – FLORENCE DRIVE AND JUNE AVENUE
During Closed Session, the Development Officer noted that Gerry Roberts would be available to answer questions on road grades and elevations of the properties.
In Open Session Gerry Roberts explained that the proposed Phase 2 & Phase 3 is a continuation of the Phase 1 work designed in 2000 and currently being completed.  The two proposed phases represent 20 new lots requiring a variance similar in nature to the first phase allowing for 13 ½% road grade.
In response to letters of concern received by the Town, Mr. Roberts provided the following comments:

  • drinking water – Department of Environment & Local  Government requirements for Water Assessments will be carried out in conjunction with this project
  • sediment control – street development standards to provide protection from water flowing down hillside lots
  • sediment control on the lots being created – preliminary actions undertaken by the property owner have tried to address concerns of the adjacent property owners and recommendations from ADI (engineering company overseeing the project).

Speaking in opposition to the proposal:
Rawley Wilkins, 125-127 Woolastook Dr.:

  • heavy sediment washing down from stock piles of soil are affecting his property  (photos taken by the Town and sent to June Garfield July 31, 2002)
  • he is not satisfied with property owner’s control of sediment and stabilization of fill put on the side of the hill above his home;

Jody Blakely, 145 Woolastook Dr.:

  • noted sediment fencing is in place along a portion of the property behind his home, but he is not satisfied with the quality of protection it tries to provide his property;

Sherry English, 135 Woolastook Dr.:

  • purchased their home in 2000, prior to construction beginning on the subdivision but noticed this spring a deterioration of water quality, including cloudiness, odour and bad taste.

In response to these concerns, June Garfield noted the hydro-seeding undertaken under the first phase of the subdivision will be continued in the second and third phase as well, including siltation control and stabilization of the fill on new lots, noting that the fill deposited (up to 500 truck loads) would be relocated as the lots are developed to be used in dressing future lots.
Gerry Roberts also indicated that ADI is the Engineer of record for the project and acts as the project manager.  He indicated that he could provide the Committee with finished profiles of the lots to address the concerns of the residents for stabilization of the slopes.
There were no others present speaking in favour or against the proposal.
The following motion was then made:
“…moved by Mel Steffens that the Planning Advisory Committee table the request for consideration of the Tentative Subdivision Plan as referenced on Tentative Subdivision Plans, Panoramic Estates Phase 2 dated September 19, 2002 and Phase 3 dated September 20, 2002 as prepared by Kierstead Quigley and Roberts Ltd., until the developer provides additional information on grading and stabilization / erosion control of lots (particularly downhill side of extension to Florence Drive); letters will be sent to residents contacted for this meeting to confirm date of next PAC meeting to consider this item…”
Motion seconded by Ralph Stevens.  Carried.
10. ADJOURNMENT
Ralph Stevens moved to adjourn at 9:30 p.m.
Seconded by Andrew Shaw.  Carried.

Respectfully submitted,

David Taylor,                                                           Larry Chapman,
Development Officer                                               P.A.C. Chairman