COMMITTEE OF ADJUSTMENT/LAND DIVISION COMMUTES MDOJTES … · An acceptable reference plan or legal...

TOWNSHIP OF SOUTH FRONTENACCOMMITTEE OF ADJUSTMENT/LAND DIVISION COMMUTES

MDOJTES 10:03APRIL 8,2010

LOCATION: South Frontenac Municipal Offices, SydenhamIN ATTENDANCE: David Hahn (Bedford District)

Richard Phillips (Bedford District)Len McCullough (Loughborough)Larry Redden (Portland District)Bill Robinson (Portland DistrictLarry York (Storrington District)Jack Moreland (Storrington District)

ABSENT WITH REGRETS: Ron Vandewal (Loughborough District)

STACT & CONSULTANTS: Lindsay Mai, - Secretary-Treasurer/PlannmgCoordinator

Anne Levac - Assistant Secretary-Treasurer

RESOLUTIONS & BUSINESS:

Item # Subject Pase1. Call to order 12. Adoption of Agenda 13. Declaration of Pecuniary Interest 14. Approval of Minutes - March 11, 20105. Presentation-CRCA re Groundwater study 26. S-05-10-P, S-06-10-P, S-07-10L.P (Dowker) 27. S-08-10-P, S-09-10-P, S-10-IO^P (Babcock) 68. S-11-10-P, S-12-10-P, S-13-10-P (Babcock) 119. S-15-10-L (Barach) 1510. S-16-10-P (Storms) 1611. S-17-10-S (Simonds) 1712. S-18-10-P (Asselstine) 1813. S-19-10-S (Sloan) 1914. Other Business: 21

a) Public Health Feesb) Procedural matters

15. Adjournment 21

Item #1: Call to Order

RESOLUTION: C of A: 10:03:01

Moved by: L. McCullough Seconded by: J. Morcland

THAT the April 8-, 2010 meeting of the South Fn.ntenac Township Committee ofAdjustment is hereby called to order at 7:00 p.m. with Vice-Chair David Hahn in theChair.

CarriedItem #2: Adoption of AgendaAdopted as circulated

Item #3: DeclaratioD of Pecuniary InterestNone

Item #4: Minutes of March lltlt, 2010 meeting


Moved by: J. Moreland Seconded by: L. York

^^e^f ^^^.^iIIIl^'ai^lo0^^3n^?lt^^^^J(^s^^lrel^'^>J.approves theCarried

2

£t@m#5. Western Cataraqui Region Groundwater Study^Tfc-d.r-stioD/mswer session -M-sh-; ^ve Knechtel - Catûi RegionConservation Authority

^Ls.^.^!^ûtlmedtl;e PTOêsând findmgs ofthe Western Cataraqui Region^^^?LûdLC?Te(?.°^by rr?w Associates Inc., and mcorporatmg findmgs and^^^l<!?iiT»fîo^!t-^^n??p'r^ ofGl"eaterNaPanee,ToTsh^p~ofoSo'uA^1^^^d.?e,rur^.part,s of?e clty ofKmgston. The studyexammedôundwatCT v

m

relatiCTltolte supply, natural quality characteristics and its poteDtiaTvuineTabiIitytocontamination.

Tie overall purpose is to protect gioundwater for the long term.In some partsôffhe study area, there are problems with a lack of water, or the existence ofhigh levels of salt or sulphur in the watcT.-to other areas, there are concems'related'to&ec^=ÛD^^dle8UACeandshallowsoii'witfa^P-^^^-yÎ?n.^D^_d.not.be Tnuated -Le- contamination of ground water on oneprop»tycould very easily impact nearby properties.Some "hot spots" in South Frontenac were pointed out. In these t(red zones" it IS

IÎ?rne?-dedth?.developmeDt only be permitted ifsite specific studies are done to provethat development is appropriate.Committee members asked questions about the need for draw-down tests, and it was

expl.nedthatsucha^lookedatthe partial effect of new wells .. , existing wdis, but didnot address the matter ofcontamiimtionand mtrate attenuation. Tie normal requi^nent toprove ammimum capacity ofpotable water also does not deal with the issue of potentialcontamination.

In response to a question about drainage concerns related to the proposed severances on]?ol-lefordRoad'M- shaw rcsPODded tfaat poor drainage may be an indication ofsusceptibilityTo cross-contaminatio. A idatively inexpensive study could provide recommendations as towaysto reduce potential cross-contammation (e.g. through specific location ofswales)andcould also specify the best locations for septic systems.

Uem#6; S-05-10.P, S-06-10-P, S-07-10-P (Dowker)In Attendance: Wendell Dowker

Discussion

The subject lands consist of99+/- acres with frontage on Holleford Road, District ofPortland, and are vacant. The applicant is proposmg to sever 3 residential lots, each morethan 2.5 acres in size and with a minimum of 250 ft. road fiuntege.There was discussion at the March meeting about the amount of development in a relativelyccmfined area, especially givCTi that anofliCT property owner had also applied to create sbc lotsalong this stretch of Holleford Road. L. Mills expressed the opinion that a study should becarried out to assist in detemuning conditions to be put in place so as to lesson the likelihoodofcross-contamination and drainage problems.Subsequent to Ihe March meeting, L. Mills met with Bob Putzlocher of the Ministiy of^yi^^^2v^^^?1^1^^?^^^JLS?S^^tJ!<3t-preê?dTveôIime.t'ûtwould provide important information regarding septic locations and nitrate evaluationThe applicant expressed the opinion tiiat his property is not located within the highlysensitive area, but it was noted by L. Mills that the property appears to him to beat leastPartially wlthm the hi8hly seaisitiye area and certainly with the sensitive area. R. Phillipsnoted that it would seem logical for the owners to have potential problems addressed now.A draft set of conditions had been prepared for the Committee which included a requirementfor studies related to nitrate attenuation and dramage. Approval of the severances had beengiven at the March meeting, on a recorded vote, but no conditions were included at that time.Therefore, the decision of the Committee now relates to the conditions.

RESOLUTION: 10:03:03

Moved by: W. Robinson Seconded by: L. Redden

THAT the South Frontenac Township Committee of Adjustment hereby amends theconditions of consent application S-05-10-P by Wendell & Kathleen Dowker, concession8, lot 3, District of Portland to create a residential lot, by adding the attached conditions.

3

Moved by: L. Redden Seconded by: W. Robinson

^^J^e^^sidi^?iti ^bit?!^ded by remoTg# 8 and #9 related to required^>tenr m1 dral,naB"tudira:andJllat t1"8 am»dment apply to coDseDtappBcatioSrs-*05-10-P, S-06-10-P and S-07-1QL.P.

D. Han requested a recorded vote.

RECORDED VOTE:

D.Hahn No L. Redden YesL. McCullough Yes W. Robinson YesJ. Moreland Yes R. Vandewal absentR. Phillips No L. York Yes

Amendment Carried

RESOLUTION 10:03:03, as amended

D. Hahn requested a recorded vote.

RECORDED VOTE:

D.Hahn No L. Redden YesL. McCullough Yes W. Robinson YesJ. Moreland Yes R. Vandewal absentR. PhiUips No L. York Yes

Motion as amended. Carried

Application No: S-05-10-POwner: Wendell & Kathleen DowkerLocation of Property: Concession VUI, Lot 3, Holleford Road, District of Portland,

Township of South FrontenacPurpose of Application: Creation of residential lotDate of Hearing: March 11,2010Date of Decision: March 11,2010Date of Amended Conditions: April 8, 2010

CONDITIONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed or instrument (in triplicate) conveying the severed landsshall be submitted to the Secretary-Treasurer for review and consentendorsement within a period of one year after the "Notice of Decision" is gwenunder Section 53 (17) or (24) of the Planning Act.

2. The land to be severed by Consent Application S-05-10-P shaU be for a 2.5+ acrelot, with 250 ft. frontage on HoUeford Road.

3. Parent of the balance of any outstanding taxes and local improvement chargesshall be made to the Township Treasurer. (This includes all taxes levied as of thedate of the stamping of the deeds.)

4. In the evcnUhat there are abandoned wells located on the property beingsevered, and the retained property, they be scaled in accordance with therequirements of the Ministry of the Environment and that this work beaccomplisiied prior to the stamping of the deeds.

5. The Township of South Frontenac shall receive 5% of the value of the severedparcel in lieu ofparkjand pursuant to Chapter P13, Section 51.1 of the PlannineAct, R.S.0.1990 and amended thereto.

6 The surveyor who prepares the reference plan referred to in condition #1 shallalso determine by survey th. .idth of the public n>,d abutting th. seve^dI andretained land measured from the centre line of the traveled portion of the road

4

to the lot line of the owner's property. If such width is less than 33 ft, the owner

8!"luded:catetotheTown8hiPIand ^th- ^ôftl.sev^^retained lands in the following manner:a) ê^<Lt ^ldcdiêd ?hau J?e ,the w.idth requil'ed to provide 33 ft.from

the centre of the existing traveUed road;b) The IaDd tobe dedicated shall be described as a separate part on a

Reference Plan of Survey to be prepared and deposited at'tte Owner' s

^?se and filed with the secretary-Treasurer prior to the stamping of thedeeds;

c) The Transfcr/Deed from the Owner for the land to be dedicated shall be^^!!.e^.M^^ ^.eî"?e.?o?.?ration ofthf Townshipof SouthFrontenac", and shall include the following attached to the Tran7feri)eed asa Schedule:

The Transferor hereby transfers the lands to the municfpalityfor the purpose of widening the adjacent highway pursuantto Section 31(6) of the Municipal Act, 2001, S.O. 2001, Chapter 25,as amended.

d) The Transfer/Deed for the land to be dedicated shall be registered by theOwner at the Owner's expense;

^lû£S^f^^l^^^Îsiî^D^dê?^>I^ctScêI^di^^d^ît^!Jof ODtario addressed to the Secretary-Treasurer confirming that themunicipality acquired good and marketable title to the land free and clear ofall liens and encumbrances shall be delivered to the Secretary-Treasurerprior to stamping of Deeds.

7. ^l^?!ic^YÎ^SfuJ'^?-?i^lI-^^^'LreF_OI?_?en[IODStrati??a potoble waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test



THAT the South Frontenac Township Committee of Adjustment hereby amends theconditions of consent application S-06-10-P by Wendell & Kathleen Dowker, concession8, lot 3, District of Portland, to create a residential lot. by adding the attachedconditions, as amended.

Carried

Application No: S-06-10-POwner: Wendell & Kathleen DowkerLocation of Property: Concession Vffl, Lot 3, Holleford Road, District of Portland,

Township of South FrontenacPurpose of Application: Creation of residential lotDate of Hearing: March 11,2010Date of Decision: March 11,2010Date of Amended Conditions: April 8, 2010

CONDITIONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed or instrument (in triplicate) conveying the severed landsshall be submitted to the Secretary-Treasurer for review and consentendorsement within a period of one year after the "Notice of Decision" is givenunder Section 53 (17) or (24) of the PJaDning Act.

2. The land to be severed by Consent Application S-06-10-P shall be for a 2.S4- acrelot, with 250 ft. frontage on HoUeford Road.

3. Payment of the balance of any outstanding taxes and local improvement chareesshall be made to the Township Treasurer. (This includes all taxes levied as of thedate of the stamping of the deeds.)

5

4' ?lll^^v!?-.t?ia^hâê abaDdoned welb located on the property beingsevered, and the retained property, they be sealed in accordance w'ith'the'requirements of the Ministry of the Environment and that this work beaccomplished prior to the stamping of the deeds.

5. T^-^w??hip ?fso.I?h FronteDac shall receive 5% of the value of the severedWMfeu^paruand''u"uanttochaPterpl3'ôn51.1of«.Pl»Âct, R.S.0.1990 and amended thereto.

6 . The surveyor who prepares the reference plan referred to in condition #1 shallalso determine by survey the width of the public road abutting the severed andretaned land measured from the centre line of the traveled portion of the roadtêMuneof<AeowDCT'SProÎf8uchwidth"^^3^ôêrshau d®dlcate to thc Township land along the frontage of the severed andretained lands in the following manner:a) The land to be dedicated shall be the width required to provide 33 ft. from

the centre of the existing travelled road;b) The land to be dedicated shall be described as a separate part on a

Reference Plan of Survey to be prepared and deposited at the Owner'sexpense and filed with the Secretary-Treasurer prior to the stamping of thedeeds;

c) The Transfer/Deed from the Owner for the land to be dedicated shall beengrossed in the name of "The Corporation of the Township of SouthFrontenac", and shaU include the foUowing attached to the Transfer/Deed asa Schedule:

The Transferor hereby transfers the lands to the municipalityfor the purpose ofwidemng the adjacent highway pursuantto Section 31(6) of the MunicipatAct, 2001, S.O. 2001, Chapter 25,as amended.


e) ss-.-s^^-^'^sr-.^'ps;of Ontario addressed to the Secretary-Treasurer confinnmg that themunicipality acquired good and marketable title to the land free and clear ofall liens and encumbrances shall be delivered to the Secretary-Treasurerprior to stamping of Deeds.

7. The applicant shaU submit a well driller's report demonstrating a potable waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test



THAT the South Frontenac Township Committee of Adjustment hereby amends theconditions of consent application S-07-10-P by WendeU & Kathleen Dowker, concession8, lot 3, District of Portland, to create a residential lot, by adding the attachedconditions, as amended.

Carried

Application No: S-07-10-POwner: Wendell & Kathleen DowkerLocation of Property: Concession VIU, Lot 3, Holleford Road, Dista^ct of Portland,

Township of South FrontenacPurpose of Application: Creation of residential lotDate of Hearing: March 11, 2010Date of Decision: March 11,2010Date of Amended Conditions: April 8, 2010

CONDmONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed or instrument (in triplicate) conveying the severed

6

!^SJ?^c-!îtted to dlesecretery-Treasurer for review and consentendorsement with.. a period of one year after the "Notice ofDe.dsio^ .

is givenunder Section 53 (17) or (24) of the Planning Act.

2. The lantUo be severed by Consent Application S-07-10-P shall be for a 2.54- acrelot, with 250 ft. frontage on HoUeford Road.

3. f^?li!!ll.°Lt?!-bllTn!cc_of_^y outstandiDgtaxes and local improvement charge s

shall be made to the Township Treasurer.'CThfa indud<salTto»fîed'as'rfSedate of the stamping of the deeds.)

4. In the event that there are abandoned wells located on the property beingsevered, and the retained property, they be sealed in accordance with therequirements of the Ministry of the Environment and that this work beaccomplished prior to the stamping of the deeds.

5. ?Ile-T.T^hip ?f so.u,th FroDtenac shaU recede 5% of the value of the severedparce^ mfcuârMand Pu"-ant to chaPte^", Section 51.1 oftYe-Pl,nnn.gAct, R.S.0.1990 and amended thereto.

6 The surveyor who prepares the reference plan referred to in condition #1 shallalsodetennin. by survey the width of the public n>ad .butting the seveândretained land measured from the centre line of the traveled portion of the road^^M^-e^TO^-usnebvMtbis^^^^^rshan dedlcate to the Township land along the frontage of the severed andretained lands in the following manner:a) The land to be dedicated shall be the width required to provide 33 ft. from

the centre of the existing travelled road;b) Th® land to be dedicated shaU be described as a separate part on a


c) The Transfer/Deed from the Owner for the land to be dedicated shall beengrossed m the name of "The Corporation of the Township of SouthFrontenac", and shall include the foUowing attached to the Transfer/Deed asa Schedule:

TheTransferor hereby transfer the lands to the municipalityfor the purpose of widening the adjacent highway pursuantto Section 31(6) of the Municipal Act, 2001, S.0:2001, Chapter 25,as amended.

d) The Transfer/Decd for the land to be dedicated shall be registered by theOwner at the Owner's expense;

^S^Û£^!rt^^^^^^^lî^D^^êôI^^<ScêI^d^^<V^g^^!Jof Ontario addressed to the Secretary-Treasurer conHrming that themunicipality acquired good and marketable title to the land free and clear ofaU liens and encumbrances shaU be delivered to the Secretary-Treasurerprior to stamping of Deeds.

7. The applicant shall submit a well driUer's report demonstrating a potable waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test

ItT#Z;_S.08-10-P, S-09-10-P, S-10-10-P (Babcock, Wm. & NeiDIn Attendance: Bill Babcock

Discussion

The subject lands consist of 50+/- acres with frontage on Holleford Road, District ofPortland, and are vacant. The applicant is proposing to sever 3 residential lots, each a?- -mu"I.°^2 acres msizeand W1A a muumym of 250 ft. road frontage. The same applicantshaw appuedto.sewrtoee lote onthe east sideofHolleford Road, in fat 3Ts-lMO.?:S:12--i°-~I>iand s~!3~lo-p?' .The,re wasdiscussion at tlle March meeting about the amount ofd.vdopn.ntinarelativelyconfmed area, especially given that another prope^vner hadalso applied to create three lots along this stretch ofHollefoid Road. There was d'so concern

e^-d^p!Tmg^^faId^^ttotheProPose^^--VÔTV^?^s?J?ia^ arT_that had been ldentified by a region^ ground water study as beinghighlysensitive. A subsequent meeting between CRCA staff (who coordinated Ae study? an3

7

Township staff clarified fhe issue in tfaat die concern is with the amount of ground water soclose to the surface, and therefore the greater potential for cross-contammation between lots.In addition, the Chief Building Official had expressed concern about drainage and ditchingissues along tiie road in front of some of tfae lots being proposed. L. Mills has met wifh arepresentative of the Ministry of Environment who strongly advised that a study to examinenitrate attenuation and the most appropriate location for septic systems should be required. Inaddition, staff consider it advisable to also require that drainage issues be addressed.No reports were available at the March meeting from Public Health, but have since beenreceived. As a result of Public Health's inspection of the site, the applicants have agreed tomove the two soufheriy lots further to the south by 250 ft. in order to better accommodateseptic systems.The discussion regarding these lots and those proposed through applications S-l 1-10-P, S-12-10-P and S-13-10-P, as well as the Committee's removal of draft conditions related to anystudies ofnilrates, location of sewage disposal systems or drainage issues, were substantiallythe same as those related to the Dowker consents.



THAT the South Frontenac Township Committee of Adjustment hereby approvesconsent application S-08-10-P by William Babcock and Neil Babcock, concession 8, lot4, District of Portland, to create a residential lot, subject to conditions.


THAT the proposed conditions be amended by removing conditions related to requiredwater and drainage studies, and that this amendment apply to consent applications S-08-10-P, S-09-10-P and S-10-10-P.


RECORDED VOTED.Hahn No L. Redden Yes

L. McCullough Yes W. Robmson YesJ. Moreland Yes R. Vandewal absent

R. Phillips No L. York Yes

Amendment Carried

RESOLUTION: C of A: 10:03:06. as amended


RECORDED VOTED.Hahn No L. Redden Yes

L. McCullough Yes W. Robinson YesJ. Moreland Yes R. Vandewal absent

R. Phillips No L. York Yes

Motion as amended. Carried

Application No: S-08-10-POwner: William Babcock, Neil BabcockLocation of Property: Concession VUI, Lot 4, Holleford Road, District of Portland,

Township of South FrontenacPurpose of Application: Creation of residential lot

Date of Hearing: March 11,2010Date of Decision: April 8,2010

DECISION: PROVISIONAL CONSENT GRANTED, subject toconditions

8

CONDITIONS:

61 AD aceeptable reference plan or Icgal description of the severed lands .

ID

duptiratc'andthe deed r mstrnment (in tripUcate) conveying thesevered landsshall be submitted to the Secretary-Treasurer for review and consentendorsement within a period of one year after the "Notice of Deusion" »

is givenunder Section 53 (17) or (24) of the Planning Act.

7. The land to be severed by Consent Application S-08-10-P shall be for a 2+ acrelot, with 250 ft. frontage on Holleford Road.

8. a^'S^'SSSS-.S.SET^s.'Xdate of the stamping of the deeds.)

9' ^t-I!.TTVe^t!lat th.ere aê abaDdoned wells located on the property beingsevered, and the retained property, they be sealed in accordance with therequirements of the Ministry of the Environment and that this work beaccomplished prior to the stamping of the deeds.

10. The Township of South Frontenac shall recewe 5% of the value of the severedpared in lieu ofparkland pursuant to Chapter P13, Section 51.1 of the PIannineAct, R.S.0.1990 and amended thereto.

6 . The surveyor who prepares the reference plan referred to in condition #1 shaUalso determine by survey the width of the public road abutting the severed andretained land measured from the centre line of the traveled portion of the roadto the lot line of the owner's property. If such width is less than 33 ft., the ownershall dedicate to the Township land along the frontage of the severed andretained lands in the following manner:2. The land to be dedicated shall be the width required to provide 33 ft. from

the centre of the existing travelled road;f) The land to be dedicated shall be described as a separate part on a


g) The Transfer/Decd from the Owner for the land to be dedicated shall beengrossed in the name of "The Corporation of the Township of SouthFrontenac", and shaU include the following attached to the Transfer/Decd asa Schedule:

The Transferor hereby transfers the lands to the municipalityfor thepmpose of widening the adjacent highway pursuantto Section 31(6) of the Municipal Act, 2001, S.O. 2001, Chapter 25,as amended.

h) The Transfer/Decd for the land to be dedicated shall be registered by theOwner at the Owner's expense;

' ^^'^j^rjs^^^ss;of Ontario addressed to the Secretary-Treasurer confirming that themunicipality acquired good and marketable title to the land free and clear ofall liens and encumbrances shall be delivered to the Secretary-Treasurerprior to stamping of Deeds.

7. The applicant shall submit a well driller's report demonstrating a potable waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test.



^?^Lthes.?ut?! Fr^D^D^ ?^w^h.!P.committee of Adjustment hereby approvesôê!nt.a?p?âti?D s-09-lo-p by William Babcock and Neil Babcock, concession 8, lot4, District of Portland, to create a residential lot, subject to conditions, as amended.

Carried

9

Application No: S-09-10-POwner: William Babcock, Neil BabcockLocation of Property: Concession Vffl, Lot 4, Holleford Road. District of Portland,

Township of South FrontenacPurpose of Application: Creation of residential lotDate of Hearing: March 11,2010Date of Decision: April 8,2010


CONPmONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed or instrument (in triplicate) conveying the severed landsshaU be submitted to the Secretary-Treasurer for review and consentendorsement within a period of one year after the "Notice of Decision" is givenunder Section 53 (17) or (24) of the Planning Act.

2. The land to be severed by Consent Application S-09-10-P shall be for a 2+ acrelot, with 250 ft. frontage on HoUeford Road.

3. Payment of the balance of any outstanding taxes and local improvement chargesshall be made to the Township Treasurer. (This includes aU taxes levied as of thedate of the stamping of the deeds.)

4. In the event that there are abandoned wells located on the property beingsevered, and the retained property, they be sealed in accordance with therequirements of (he Ministry of the Environment and that this work beaccomplished prior to the stamping of the deeds.

5. The Township of South Frontenac shall receive 5% of the value of the severedparcel in lieu of parkland pursuant to Chapter P13, Section 51.1 of the PlanningAct, R.S.0.1990 and amended thereto.

6. The surveyor who prepares the reference plan referred to in condition #1 shallalso determine by survey the width of the public road abutting the severed andretained land measured from the centre line of the traveled portion of the roadto the lot line of the owner's property. If such width is less than 33 ft., the ownershall dedicate to the Township land along the frontage of the severed andretained lands in the following manner:a) The land to be dedicated shall be the width required to provide 33 ft. from



c) The Transfer/Deed from the Owner for the land to be dedicated shall beengrossed in the name of "The Corporation of the Township of SouthFrontenac", and shall include the following attached to the Transfer/Deed asa Schedule:

The Transferor hereby transfers the lands to the municipalityfor the purpose of widening the adjacent highway pursuantto SectSon 31(6) of the MunicyalAct, 2001, S.O. 2001, Chapter 25,as amended.


e) The duplicate registered Transfer/Deed for the land to be dedicated togetherwith a letter of opinion of a solicitor qualified to practice law in the Provinceof Ontario addressed to the Secretary-Treasurer confirming that themunicipality acquired good and marketable tide to the land free and clear ofall liens and encumbrances shall be delivered to the Secretary-Treasurerprior to stamping of Deeds.

7. The applicant shall submit a well driller's report demonstrating a potable water

10

pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test.RESOLUTION: C of A: 10:03:08


T^Ltt!s,^.Fro^na^nwMh'pcomnittee.ofAdiu8tmenth-'>yappn>ves;s%;^"rjsT^s^;s=="

Carried

Application No: S-10-10-POwner: William Babcock, Neil BabcockLocation of Property: Concession VIU, Lot 4, Holleford Road, District of Portland,



CONDITIONS:

1. An acceptable reference plan or legal description of the severed lands ID

???.!j?te' ?IId..thc,dee? ormstrumeDt (in triplicate) conveying the severed landsshall be submitted to the Secretary-Treasurer for review Mid consentendorsement within a period of one year after the "Notice of Decision" is givenunder Section 53 (17) or (24) of the Planning Act.

2. The land to be severed by Consent Application S-10-10-P shaU be for a 2+ acrelot, with 250 ft. frontage on HoUeford Road.

3. Payment of the balance of any outstanding taxes and local improvement chargesshall be made to the Township Treasurer. fThis includes aU taxes levied as of thedate of the stamping of the deeds.)


5. The Township of South Frontenac shall receive 5% of the value of the severedpared mUeuofparMand pursuant to Chapter P13, Section 51.1 of the PlanningAct, R.S.0.1990 and amended thereto.

6 The surveyor who prepares the reference plan referred to in condition #1 shallalso determine by survey the width of the public road abutting the severed andretained land measured from the centre line of the traveled portion of the roadto the lot Iine of the owner's property. If such width is less than 33 ft., the ownershall dedicate to the Township land along the frontage of the severed andretained lands in the foUowing manner:a) The land to be dedicated shaU be the width required to provide 33 ft. from

the centre of the existing travelled road;b) The land to be dedicated shaU be described as a separate part on a


c) The Transfer/Deed from the Owner for the land to be dedicated shall beengrossed m the name of "The Corporation of the Township of SouthFrontenac", and shaU include the following attached to the Transfer/Deed asa Schedule:

The Transferor hereby transfers the lands to the municipalityfor^he purpose of widening the adjacent highway pursuantto Section 31(6) of the Municipal Act, 2001, S.d 2001, Ch^fter 25,

11

as amended.

d) Sêjra^trf^/êforsêple!^to be ded":ated sha" be reS>stered by the^ttd"£ltt^trfr^S^far^^^D^daê^l^<ScêI^^^^^

<rf0°to"o addressed to the Secretary-Treasurer'coDfirming thatThemunicipality acquired good and marketable title to the lamTfree and dear ofa""e°8 and encumbrances shall be deUvered to the Secretory-Treasu'rerprior to stamping of Deeds.

7' ?-b^FJ*ueant s?a11 ^b?Bit,?weu driuer's rePort demonstratmg a potable waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test.

fi^fSi S-ll-lO-P^S-12-lO-P, S-13-10-P (Babcock, Wm. & Neil)In Attendance: Bill Babcock

DiscussionSee discussion under item #7 above.


Moved by: L.Redden Seconded by: W. Robmson

^.T,S.^S-S.;r^T.B£-^SSS2';K;?S«*.of Portland, to create a residential lot, subject to conditions.


THAT condition # 8 concerning the need for a nitrate attenuation and septic locationstudy be removed from the conditions of applications S-11-10-P, S-12-10-P and S-13-10-p.

Amendment Carried

RESOLUTION: C of A: 10:03:09, as amended

Carried

Application No: S-11-10-POwner: William Babcock, Neil BabcockLocation of Property: Concession VUI, Lot 3, Holleford Road, District of Portland,



CONDITIONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed or instrument (in tripUcate) conveying the severed landsshall be submitted to the Secretary-Treasurer for review and consentendorsement within a period of one year after the "Notice of Decision" is givenunder Section 53 (17) or (24) of the Planning Act

2. The land to be severed by Consent Application S-11-10-P shaU be for a 2+ acrelot, with 250 ft. frontage on Holleford Road.

3' ?^?l!_OLth!-b?aIH?e of a-Dy autstandiDgtoxes and Iocal improvement chargesshall be made to the Township Treasurer. (This includes aU taxes levied as of thedate of the stamping of the deeds.)

41 In_the elventthat there are abandoned wells located on the property beingsevered, and the retained property, they be sealed in accordance with the

12

!!?!?êJ1ôf ?he Mmistryof the Environment and that this work beaccomplished prior to the stamping of the deeds.

5. Tl T.own81up nf suut11 Fronteni«: "hall receive 5% of the value of the severed^û^par^p^^noChapterP^S.ctionSUofti.epi,,;Âct, R.S.0.1990 and amended thereto.

6' The surv?or who PrePares the reference plan referred to in condition #1 shaUdsodetennine by survey the .idth of th. public road^buttingfl.eseveâ^retained land »ea,ured from the centn, Uno of the traveled po-rtionofth.^dto the tot line of the owner., property, ff such width i, less than 33-ft:the owner

8haudCTIicatetotiuiTuwnship .and ^the '""^ ^^^retained lands in the following manner:

a) The land to be dedicated shall be the width required to provide 33 ft. fromthe centre of the existing travelled road;

b) The land to be dedicated shall be described as a separate part on aRrfe^ce Plan of Survey to be prepaid and deposited at the Owner' s

expense and filed with the Secretary-Treasurer prior to the stamping of thedeeds;

c) The Transfer/Deed from the Owner for the land to be dedicated shall beengrossed in the name of "The Corporation of the Township of SouthFrontenac", and shall include the following attached to the Traasfer/Deed asa Schedule:

The Transferor hereby transfers the lands to the mumcyaStyfor the purpose of widening the adjacent highway pursuantto Section 31(6) of the Muuscgyal Act, 2001, S.d 2002, Chapter 25,as amended.


6" ^?ttdu£S^t^frÎiS^^fl^ra^S^D^ê?^)l^cScêIii^dii^^d^ît^!Jqualified to practice law in the Provinceof Ontario addressed to the Secretaiy-Treasurer confirming that themunicipality acquired good and marketable title to the land free and clear ofaU liens and encumbrances shaU be deHvered to the Secretary-Treasurerprior to stamping of Deeds.

7. The applicant shall submit a well driUer's report demonstrating a potable waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test.



THAT the South Frontenac Township Committee of Adjustment hereby approvesconsent application S-12-10-P by William Babcock and Neil Babcock, concession 8, lot3, District of Portland, to create a residential lot, subject to conditions, as amended.

Carried

Application No: S-12-10-POwner: William Babcock, Neil BabcockLocation of Property: Concession Vffl, Lot 3, Holleford Road, District of Portland,

Township of Soufh FrontenacPurpose of Application: Creation of residential lotDate of Hearing: March 11,2010Date of Decision: April 8,2010

DECISION: PROVISIONAL CONSENT GRANTED, subject tocondition

CONDITIONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed or instrument (in triplicate) conveying the severed landsshall be submitted to the Secretary-Treasurer for review and consente.^°^m!IltÎ!^t.D-? pel!l°? °![0-neyear after the "Notice of Decision" is ghrnunder Section 53 (17) or (24) of the Planning Act.

13

2* ThelaDdtobe severed by Consent AppUcation S-12-10-P shall be for a 2+ acrelot, with 250 ft frontage on HoUeford Road.

3. !haÎi!!IL°J-?!^!TIS?e_of-^y outstanding toes and local improvement chai^ es

shall-bemadeto thc TOWDShiP Treasurer.(This mchidoaUtaes levied as of thedate of the stamping of the deeds.)

4. ?LtÎV!?it!lat.?êaê abandoned wells located on the property beingsevered, and the retained property. they be sealed in accordance with the'requ""Tente ofthe .Mini8try ofthe E°"">"T"t and that this work beaccomplished prior to the stamping of the deeds.

5' ^-T.TThip ofsouth Frontenac shall receive 5% of the value of the severedp^ mteu»oiparMand Pnrsua»t to chaPter p". Section 51.1 of the P^n.gAct, R.S.0.1990 and amended thereto.

6 T,he ÎIVeyor who PreP»T the reference plan referred to in condition #1 shallalso determine by survey the width of the public n,,d abutting theseve^;,,dstained land measured from the centre line of the tn.veled portion of the ^to the lot Bne oftte owner's property. If such width is less than 33~ft, the ow7er'hdl .locate to the Township land along the frontage of the severed andretained lands in the following manner:a) The land to be dedicated shall be the width required to provide 33 ft. from


Reference Plan of Survey to be prepared and deposited at the Owner' s

exPense and filed with the Secretary-Treasurer prior to the stamping of thedeeds;

c) The Transfer/Deed from the Owner for the land to be dedicated shall beengrossed in the name of "The Corporation of the Township of SouthFrontenac", and shall include the foUowing attached to the Transfer/Deed asa Schedule:

The Transferor hereby transfers the lands to the municipalityforthepwpose of widening the adjacent highway pursuantto Section 31(6) of the Municipal Act, 2901, S.O. 2001, Chapter 25,as amended.


.' ^c.'sz^rsEL^s^'.^s^sof Ontario addressed to the Secretary-Treasurer confirming that themunicipality acquired good and marketable title to the land free and clear ofall liens and encumbrances shall be delivered to the Secretary-Treasurerprior to stamping of Deeds.

7. The applicant shall submit a well driller's report demonstrating a potable waterpumping capacity of 3.5 gaUons per minute sustained over a 6-hour pump test.

RESOLUTION: CofA: 10:03:11


^^tt^B^S^rS"S"r^^Î£^^^biî ]tojn^d^^^êî^^,e^ lot3, District of Portland, to create a residential lot, subject to conditions, as amended.

Carried

Application No: S-13-10-POwner: William Babcock. Neil BabcockLocation of Property: Concession Vffl, Lot 3, Holleford Road. District of Portland,

Township of South FrontenacPurpose of Application: Creation of residential lotDate of Hearing: March 11,2010

14

Date of Decision: April 8,2010


CONDITIONS:

1. An acceptable reference plan or legal description of the severed lands in

duplicate, and the deed or instrument (in triplicate) c.mveyu.gthe^vered landsshall be submitted to the Secretary-Treasurer for review and consente-^Q^m!?It n??/i.n-.?pe^ °? ODeyear after the "Notice of Decision" is givenunder Section 53 (17) or (24) of the Planning Act

2. The land to be severed by Consent Application ^13-10-P shaU be for a 2+ acre

lot, with 250 ft. frontage on HoUeford Road.

3. f^^i^!^?Lb^n!cl^^^^!??-n?i?gJ^es.aD?local unProvement chargesshall be made to the Township Treasurer;fThis includes all taxes levied as of Thedate of the stamping of the deeds.)


5. The Township of South Frontenac shall receive 5% of the value of the severedpared inHeuofparkland pursuant to Chapter P13, Section 51.1 of the PlanningAct, R.S.0.1990 and amended thereto.

6 The surveyor who prepares the reference plan referred to in condition #1 shallalso determine by survey the width of the public road abutting the severed andretained land measured from the centre line of the traveled portion of the roadto the lot line of the owner's property. If such width is less than 33 ft., the ownershall dedicate to the Township land along the frontage of the severed andretained lands in the following manner:a) The land to be dedicated shaU be the width required to provide 33 ft. from



c) The Transfer/Deed from the Owner for the land to be dedicated shall beengrossed in the name of "The Corporation of the Township of SouthFrontenac", and shall include the following attached to the transfer/Deed asa Schedule:

The Trafisferor hereby transfers the lands to the municipalityfor thepwpose of widening the adjacent highway pursuantto Section 31(6) of the Municipal Act, 2001, S.O. 2001, Chapter 25,as amended.

d) The Transfer/Dced for the land to be dedicated shall be registered by theOwner at the Owner's expense;

e) The duplicate registered Transfer/Decd for the land to be dedicated togetherwith a letter of opinion of a solicitor qualified to practice law in the Provinceof Ontario addressed to the Secretary-Treasurer confirming that themunicipality acquired good and marketable title to the land free and clear ofall liens and encumbrances shall be delivered to the Secretary-Treasurerprior to stamping of Deeds.

7. The applicant shall submit a well driller's report demonstrating a potable waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test

15

KernelS-15-10LL (Barach)In Attendance: Alan Campbell, representing the applicantDiscussion

Thesubject lands consist of?-8+/:acrcs with ficntage on Wilmer Road, District of^^b^rc^andare.dTlT-d.m?_^smglefTlydwell^neappu^^^^!lT^L^3^~^rl^elas a residential lot. There were no sS,Tg^'or"neig£ OUTobjections to the application.

RESOLULTION: C of A: 10:03:12

Moved by: L. McCulIough Seconded by: J. Morcland

TALthesouth FroIlteDac TOWDShiP Committee of Adjustment hereby approvesconsent application S-15-10-L by Teresa Barach, concession 9, lot 18, Kstrirt ofLoughborough, to create a residential lot, subject to condWon's;

Carried

Application No: S-15-10-LOwner: Teresa BarachLocation of Property: Concession IX, Lot 18, Wihner Road, District of

Loughborough, Tcwnship of South FrontenacPurpose of Application: Creation of residential lotDate of Hearing: April 8,2010Date of Decision: April 8,2010


CONPmONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed orinstrument (in triplicate) conveying the severed landsshall be submitted to the Secretary-Treasurer for review and consentendorsement within a penod of one year after the "Notice of Decision" is gwenunder Section 53 (17) or (24) of the Planning Act.

2. The land to be severed by Consent Application S-15-10-L shaU be for a 4.3+/-acre lot, with a minimum of 250 ft. frontage on Wilmer Road.

3. pay">ent of the balance of any outstanding taxes and local improvement chargesshall be made to the Township Treasurer. (This includes all taxes levied as of thedate of the stamping of the deeds.)

4. In the evenUhat there are abandoned wells located on the property beingsevered, and the retained property, they be sealed in accordance with therequirements of the Ministry of the Environment and that this work beaccomplished prior to the stamping of the deeds.

5. The Township of South Frontenac shall receive 5% of the value of the severedparcel inIieuofparMand pursuant to Chapter P13, Section 51.1 of the PlanningAct, R.S.0.1990 and amended thereto.

6 The surveyor who prepares the reference plan referred to in condition #1 shallalso determine by survey the width of the public road abutting the severed andretained land measured from the centre line of the traveled portion of the roadto the lot line of the owner's property. If such width is less than 33 ft., the ownershall dedicate to the Township land along the frontage of the severed andretained lands in the foUowmg manner:d) The land to be dedicated shall be the width required to provide 33 ft. from

the centre of the existing travelled road;e) The land to be dedicated shall be described as a separate part on a

Reference Plan of Survey to be prepared and deposited at the Owner' s

exPcnse and filed with the Secretary-Treasurer prior to the stamping of thedeeds;

f) The Transfer/Deed from the Owner for the land to be dedicated shall be

16

^êo(!.m^îeîu^5'o?,?ratioDofth,eT-OWII?hiôfsouthFrontenac", and shall include the following attached toTheTraorfer/beed asa Schedule:

^^^^TJI^SL^T^C?! ^-A""?/? ?e '"unicipalstyfoêêrf^.nêên.H.^P^toSec^n31(6) of ê Mun.c.pal Ac,, 2001; S.d 2001, Ck^r 25,as amended.

^ ê-TrlII??r/?eed fo.r the IaDd to be dedicated shaU be registered by theOwner at the Owner's expense;

h) ^ttû£S^f'^^ti^fara^^Dâ[<SedIltoI^<Scêl^^Tpt^ôfonton«; addressed to the Secretary-Treasurer'confinnmg thatthemunicipality acquired good and marketable title to the land free and clear ofaU Uens and encumbrances shaU be deUvered to the Secretary-Treasurerprior to stamping of Deeds.

71 T!I^-aS?l!caDt_s1?!111 s???it T.weu driuer's "port demonstrating a potable waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test

Item #10: S-16-10L.P (Storms)In Attendance: Robert Storms

Discussion

^ ^3^1^LC^S^ ^^4^ê^vv^^°BS?e-onêtôrth Road.'District of Portland,and are developed with a single family dwelling. The applicant is proposing to sever a 2+7:acre parcel as a lot addition to a vacant parcel which is also approxmmtely2 acres in size:RESOLUTION: CofA: 10:03:13


THAT the South Frontenac Township Committee of Adjustment hereby approvesconsent application S-16-10-P by Robert & Velma Storms, concession 6, lot 18, Districtof Portland, to crate a lot addition, subject to conditions.

Carried

Application No: S-16-10-POwner: Robert & Velma StormsLocation of Property: Concession 6, Lot 18, Petworfh Road, District of Portland,

Township of South FrontenacPurpose of Application: Creation of lot additionDate of Hearing: April 8, 2010Date of Decision: April 8,2010


CONPmONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed or instrument (in triplicate) conveying the severed landsshall be submitted to the Secretary-Treasurer for review and consentendorsement within a period of one year after the "Notice of Decision" is givenunder Section 53 (17) or (24) of the Planning Act.

2. The land to be severed by Consent Application S-16-10-P shall be for a 2+/- acre

lot addition to a vacant parcel on Petworth Road. fa accordance with section50(12) of the Planning Act, the deed to be stamped shaU state that subsection50(3) or subsection 50(5) of^Planning Ad, as appUcable, shall apply to anysubsequent conveyance or transaction invoMng these lands.

3. In addition to condition #2 above, the Transferee shall provide a statement on

thc!deedlttat the two parcels cannot be conveyed or transferred independentTyof each other.

17

4. The adjusted lot line shall be approved by Public Health.5. f^B^L°Lti?!-blITnSce_of_^y outstandm8 taxesand local improvement charges

shaB be made to the Township Treasurer.-CTMs indudes aU tazes levied ^ of ttedate of the stamping of the deeds.)

6" ?ILt^r^t.tSat th.ere a1^abaDdoIIed wells located on the property beingsevered, and the retained property, they be sealed in accordance with therequirements of the Ministry of the Environment and that this work beaccomplished prior to the stamping of the deeds.

7. The Township of South Frontenac shall receive $100 in lieu of parklandpursuant to Chapter P13, Section 51.1 of the Planning Act, R.S.O. 1990 andamended thereto.

Item #11: S-17-10-S (Simonds)In Attendance: Charles Simonds, Carl Keane

Discussion

The subject lands consist of 240+/- acres with fironlage on Burnt Hills Road, District ofStorrington, and are developed with a single family dwellmg. The applicant is proposing tosever a 1.79+7- acre lot addition to the property of Carl Keane and Glenna Marsh at 1832Burnt Hills Road. The Keane/Marsh property currently does not have any public roadfrontage, and is veiy small; therefore, a lot addition would greatly improve the situation.However, the application is complicated by the fact Aat anunopenedroad allowance runsfhrough the lotto be enlarged, and in fact the owners' home and garage are largely located onthe allowance. Therefore, a condition of approval of this application will be that tfae roadallowance which divides the property be closed and deeded to Keane/Marsh. An applicationhas already been submitted for this purpose and Council has given approval in principal to theroad closing. The public hearing on the road closing is scheduled for April 20th


Moved by: J. Moreland Seconded by: L. York

THAT the South Frontenac Township Committee of Adjustment hereby approvesconsent application S-17-10-S by Charles Simonds, concession 10, lot 18/19, District ofStorrington, to create a lot addition, subject to conditions.

Carried

Application No: S-17-10-SOwner: Charles SimondsLocation of Property: Concession 10, Lots 18/19, Burnt Hills Road, District of

Storrington, Township of South FrontenacPurpose of Application: Creation of lot additionDate of Hearing: April 8,2010Date of Decision: April 8,2010


CONDITIONS:

1. An acceptable reference plan or legal description of the severed lands induplicate, and the deed or instrument (in triplicate) conveying the severed landsshall be submitted to the Secretary-Treasurer for review and consentendorsement within a period of one year after the "Notice of Decision" is gwenunder Section 53 (17) or (24) of the Planning Act

2. The land to be severed by Consent Application S-17-10-S shall be for a 1.79+/-acrejot addition to 1832 Burnt Hills Road. In accordance with section 50(12) ofthe Planning Act, the deed to be stamped shall state that subsection 50(3) orsubsection 50(5) of the Planning Act, as applicable, shall apply to any subsequentconveyance or transaction invohdng these lands.

18

to addition to condition #2 above, the Transferee shall provide aa.

statement on the deed that the two pan.1, cannot be conveyed or tau.sfern.dindependently of each other.

b. ^S^t.^? .?â-nSeofa?y outstalldmg texes and local improvementcharges shall be made to the Township Treasurer. CThis mcIudesaUtoes leviedas of the date of the stamping of the deeds.)

In the event that there are abandoned weUs located on the propertyc.

IÛ^!^'^?^^!T!?e?^^srty'they be sealed iDaccord">ce with therequirements of the Ministry of the Environment and that this work beaccomplished prior to the stamping of the deeds.

d. ^! ^??-i^?{!SJ?u1t?Fr??t^c-sh?? receive $la0in lieu ofparklandpursuant to Chapter P13, Section 51.1 of the Planning Act, R.S.O. 1990 aadamended thereto.

The road allowance between lot 18 and lot 19 which divides the severede.

pared and the lot to be enlaiêd, shall be dosed and deeded to the owner of thelot to be enlarged, prior to the stamping of the deeds.

Item #12: S-18-10-P (Asselstine)In Attendance: Scott Asselstine

Discussion

'ThG subject lands consist of37+/- acres with frontage on Road 38 and Holleford Road,Kstrict of Poitiand and are developed with a storage shed Tie applicant is proposmgtosevCTa2acre,Parcellas a l°t for the installation a solar panel. Although suchmstaUafcns donot require this much property, it appears to be a practical idea to create a lot that could^.co?^d-a? fesi,del?ial devel°Pment m case the owner ever wished to pursue that option.The applicant is also being asked to provide proof of water.RfiPrcsentatives of Portland Distnct presented the argument that it should not be necessary torequire a well on property that is being used for an energy program rather than for aresidence. L.Redden suggested that it would be more harmful to drill into the aquifer andleave the well unused for many yeai^. He asked that staff seek clarification fern fte Province°_D ^w best toaccommodate this tyPe of use. He suggested that we may need to look atrevising our official plan to better deal with new energy policies.L. Mills expressed the opinion that we should require a well at this time because, if anadequate supply ofpotable water was not found, and the owner decided to change the use in afew years, an unusable lot would have been created.



THAT the South Frontenac Township Committee of Adjustment hereby approvesconsent application S-18-10-P by Scott Asselstine, concession 7, lot 6J)istrict ofPortland, to create a lot for a solar panel system, subject to conditions.


THAT the conditions of consent be amended to require that the applicant either providea well report demonstrating a minimum amount of potable water from a drilled well, or!?^?l>^pfî^^^^^^l^^l^^lD!J?^-TT?2^t^.t?,eJnm_Dlcipalit^t<!.beregistered on title to the severed lot which requires such a well report prior to theissuance of a residential building permit on the severed parcel.

Carried

RESOLUTION: C of A: 10:03:15Carried as Amended

Application No: S-18-10-POwner: Scott AsselstineLocation of Property: Concession VII, Lot 6, Road 38, District of Portland,

Township of South Frontenac

19

Purpose of Application: Creation of lotDate of Hearing: April 8,2010Date of Decision: April 8,2010


CONPmONS:

1. An acceptable reference plan or legal description of the severed lands in

duplicate, and the deed orins.rume.t (i. triplicate) conveying the-.eve^ landsshall be submitted to the Secretary-Treasnrer for review and'coDsentendorsement within a period of one year after the "Notice of Decision" is ghênunder Section 53 (17) or (24) of the Planning Act.

2. The land to be severed by Consent Application S-18-10-P shall be for a 2+ acre

^ the iÛation of.ôlar panel, with , n.inio.um of 250 ft. frontoge onRoad 38.

31 !?i^!lt_of?!b?alê of ^°y outstandmgtoxes and local improvement chargesshall be made to the Township Treasurer. fThis includes aU taxes levied as of thedate of the stamping of the deeds.)


5. The Township of South Frontenac shall receive 5% of the value of the severedpared mlieuofparkland pursuant to Chapter P13, Section 51.1 of the PlanningAct, R.S.0.1990 and amended thereto.

6. The applicant shall comply with either (a) or (b) below:

(a) submit a weU driller'a report demonstrating a potable water pumpingcapacity of 3.5 gallons per minute sustained over a 6-hour pump test, or

(b) enter into a development agreement with the municipality to be registeredon title to the severed parcel, which requires that the owner shall submit awell driller's report demonstrating a potable water pumping capacity of 3.5gallons per minute sustained over a 6-hour pump test, prior to the issuanceof a residential buUding permit on the severed parcel

Item #13: S-19-10-S (Sloan)In Attendance: Joanne Sloan-Latimer

Discussion

The subject lands consist of242+/- acres with frontage on Princess Road, District ofStorrington, and are developed with a single family dwelling, a mobile home and severalaccessory buildings. The applicant is proposing to sever a 3+/- acre parcel as a residential lot.There does not appear to be a problem with minimum distance separation. A neighbouringproperty owner has expressed concern that the frontage on fhe proposed new lot is less thanthe minimum requirement of 250 ft. On the other hand. this "lot" is, for all intents andpurposes, already in existence because it is wedged in between two developed parcels, andcould therefore be considered to be m-filling. There were no objections fi-om Public Health,Roads or the Chief Building OfiRcial.


Moved by: L. York Seconded by: J. Moreland

THATth® South FroDtenac Township Committee of Adjustment hereby approves^Df^D! aPPIicatlon s-lo-lo-s by the Estate ofWilUam SIoan, concession 1', lot 23,District ofStorrington, to create a residential lot, subject to conditions.

Carried

20

application No: S-19-10-Si

Owner: Estate of William SloanLocation of Property: Concession I, Lot 23, Princess Road, District of Stomngton.

Township of South FrontenacPurpose of Application: Creation of residential lotDate of Hearing: April 8, 2010Date of Decision: April 8,2010

DECISION: CONDmONAL CONSENT GRANTED, subject toconditions

CONPmONS:

1. An acceptable reference plan or legal description of the severed lands ID

duplicate, and the deed orin^nment (in triplicate) conveying the ,even,d landsshall be submitted to the Secretary-Treasurer for review and'consentendorsement within a period of one year after the "Notice of Decision" is gh.enunder Section 53 (17) or (24) of the Planning Act.

2. The land to be severed by Consent Application S-19-10-S shaU be for a 3+/- acrelot, with frontage on Princess Road.

31 !?^l^°_f?!_b?aII?i of s?y "utstanding tores and local improvement chargesshall be made to the Township Treasurer. fThis includes all taxes levied as of Thedate of the stamping of the deeds.)


5. The Township of South Frontenac shall receive 5% of the value of the severedpared mIleuofParkland pursuant to Chapter P13, Section 51.1 of the PlanningAct, R.S.0.1990 and amended thereto.

6 The surveyor who prepares the reference plan referred to in condition #1 shallalso determine by survey the width of the public road abutting the severed andretained land measured from the centre line of the traveled portion of the roadto the lot line of the owner's property. If such width is less than 33 ft., the ownershall dedicate to the Township land along the frontage of the severed andretained lands in the following manner:a) The land to be dedicated shall be the width required to provide 33 ft. from


Reference Plan of Surrey to be prepared and deposited at the Owner'sexpense and fUed with the Secretary-Treasurer prior to the stamping of thedeeds;

c) The Transfer/Deed from the Owner for the land to be dedicated shall beengrossed in the name of "The Corporation of the Township of SouthFrontenac", and shaU include the following attached to the Transfer/Deed asa Schedule:

The TransferoT hereby transfers the lands to the municipalityfor theptupose of widening the adjacent highway pursuantto Section 31(6) of the Municipal Act, 2001, S.O. 2091, Chapter 25,as amended.


" ^iS'SS.'^SSS^'^.^^S:ofonta]"o addressed to the Secretary-Treasurer confirming that themunicipality acquired good and marketable title to the land free and clear ofaU liens and encumbrances shaU be delivered to the Secretary-Treasurerprior to stamping of Deeds.

21

7. The applicant shall submit a weU driUer's report demonstrating a potable waterpumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test

8. The applicant shall obtain an amendment to the Township's ComprehensiveZoning By-law to recognize the road frontage deficiency.

Item #14: Other Businessa) Public Health Fees - Committee members were updated as to the revised Public

Health fee schedule for variances and consents. The new fees have apparently beenestablished to ensure full cost recovery for the services they provide.

b) Procedural Issues ~ clarification regarding the requirement for the Chair to vote on arecorded vote. In addition, the Chair is expected to vote on all motions, although isnot required to do so. However, an abstention is counted a negative vote.

Item #15: Adjournment


Moved by: R. Phillips Seconded by: D. Hahn

THAT the April 8,2010 meeting of the South Frontenac Township Committee ofAdjustment is hereby adjourned at 8:30 p.m. to reconvene at 7:00 p.m. on Thursday,May 13,2010, or at the call of the Chair.

Carried

-"^ ^wjlDavid Hahn, Vice-Chainnan

h

Lindsay Mills^secretaiy-Treasurer

COMMITTEE OF ADJUSTMENT/LAND DIVISION COMMUTES MDOJTES … · An acceptable reference plan or legal...

Documents

Transcript of COMMITTEE OF ADJUSTMENT/LAND DIVISION COMMUTES MDOJTES … · An acceptable reference plan or legal...