HomeMy WebLinkAboutMay 17, 2018 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, May 17, 2018
8:00 p.m.
1. CALL TO ORDER
2. APPOINTMENT OF CHAIRMAN
3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
4. APPLICATIONS
A. Minor Variance Application A-04/18, Abe and Charlotte Wall
Request to grant relief from the Zoning By-law regulations Section 24.6 for front yard depth
of 10.6 m (35 feet) whereas 15.0 m (49 feet) is the required minimum; Section 24.8 for rear
yard depth of 0.6 m (2 feet) whereas 4.0 m (13 feet) is the required minimum; Section 4.22.1
b) for setback from the centre line of the right-of-way of a County road of 20.0 m (65 feet)
whereas 26.0 m (85 feet) is the required minimum; and Section 4.32.2 parking required for a
nursing home of six(6)spaces whereas ten (10)spaces are required. The variance is needed
to permit a rest home in the Institutional (I) Zone in an existing building located on the east
side of Plank Road and north side of First Street known as 9344 Plank Road.
5. STAFF PRESENTATION
A. Staff Report DS-34/18 by Margaret Underhill, Secretary/Treasurer Committee of
Adjustment re Committee of Adjustment— Minor Variance —A-04/18, Wall, A & C
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
8. COMMITTEE QUESTIONS AND DISCUSSION
9. DECISION OF COMMITTEE (Motions)
10. ADJOURNMENT
vo, YHA
AI „►,.,,� NOTICE OF A PUBLIC MEETING
L �►' CONCERNING A PROPOSED
MINOR VARIANCE
o fr� IN THE MUNICIPALITY OF BAYHAM
{
ApOrtunity Ise°s
APPLICANT: ABE AND CHARLOTTE WALL
TAKE NOTICE that the Municipality of Bayham has received a complete application for
a Minor Variance (Application A-04/18).
TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality
of Bayham will hold a public meeting on Thursday May 17th, 2018 at 8:00 p.m. in the
Municipal Council Chambers in Straffordville to consider a proposed minor variance to
Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of the variance is to grant relief from the Zoning By-law regulations
Section 24.6 for front yard depth of 10.6 m (35 feet) whereas 15.0 m (49 feet) is the
required minimum; Section 24.8 for rear yard depth of 0.6 m (2 feet) whereas 4.0 m (13
feet) is the required minimum; Section 4.22.1 b) for setback from the centre line of the
right-of-way of a County road of 20.0 m (65 feet) whereas 26.0 m (85 feet) is the required
minimum; and Section 4.32.2 parking required for a nursing home of six (6) spaces
whereas ten (10) spaces are required. The variance is needed to permit a rest home in
the Institutional (I) Zone in an existing building located on the east side of Plank Road
and north side of First Street known as 9344 Plank Road.
THE EFFECT will be to recognize the setback deficiencies for the existing building and
existing parking deficiency.
ANY PERSON may attend the public meeting and/or make a written or verbal
representation in support of or in opposition to the proposed minor variance.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must
make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained
at the Municipal Office.
DATED at the Municipality of Bayham this 27th day of April 2018.
KEY MAP
MUNICIPALITY OF BAYHAM
7
L_ 1r11 Margaret Underhill
r _._I Deputy Clerk / Planning Coordinator
1 Municipality of Bayham
11 P.O. Box 160, 56169 Heritage Line
is' I Straffordville, ON, NOJ 1Y0
4 I T: 519-866-5521 Ext. 222
SUBJECT LANDS F: 519-866-3884
E: munderhilI bayham.on.ca
• W: www.bayham.on.ca
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REPORT
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4‘.� DEVELOPMENT SERVICES
punity Is��
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: May 17, 2018
REPORT: DS-34/18 FILE NO. C-07/ D12.WALL
Roll #34-01-000-004-19902
SUBJECT: Committee of Adjustment - Minor Variance—A-04118 Wall,A & C
BACKGROUND:
Abe and Charlotte Wall have submitted a minor variance application for their 1699 m2 (0.4 acre)
property located Lot 2 and 3 and Part Lot 4 Plan 205, village of Straffordville. The property is
designated "Institutional" on Schedule "C" Straffordville: Land Use and Constraints in the Official
Plan. The lands are zoned Institutional (I) on Schedule "F" Straffordville of the Zoning By-law
Z456-2003. A rest home use is a permitted use in the Institutional Zone.
The purpose of the variance is to grant relief from the Zoning By-law regulations Section 24.6 for
front yard depth of 10.6 m (35 feet) whereas 15.0 m (49 feet) is the required minimum; Section
24.8 for rear yard depth of 0.6 m (2 feet)whereas 4.0 m (13 feet) is the required minimum; Section
4.22.1 b) for setback from the centre line of the right-of-way of a County road of 20.0 m (65 feet)
whereas 26.0 m (85 feet) is the required minimum; and Section 4.32.2 parking required for a
nursing home of six (6) spaces whereas ten (10) spaces are required. The variance is needed to
permit a rest home in the Institutional (I) Zone in an existing building located on the east side of
Plank Road and north side of First Street known as 9344 Plank Road.
The effect will be to recognize the setback deficiencies for the existing building and existing
parking deficiency.
DISCUSSION:
The owners are planning to sell the property and are requesting variances to acknowledge
existing setbacks for the planned change of use to a rest home for seniors. The future use of
the building requires recognition of the existing deficient setbacks in order to provide for legal
change of use.
Staff and planner concur the application meets the criteria as outlined in the planner's
memorandum attached to this report and recommend the Committee's approval.
Staff Report DS-34/18 Wall Page 2
The future owners are planning to approach the Municipality to discuss the potential to lease
parking spaces on the north side of the property to meet the needs of the rest home. Another
option they may explore is to expand the paved parking area on the south side of the building.
Both options will be discussed once the ownership has changed and the development is moving
forward.
ATTACHMENTS
1. Application for Minor Variance A-04/18 Wall
2. IBI Memorandum dated May 2, 2018
3. Public Comment - Email dated May 6, 2018 — C. Stewart, 9339 Plank Road
RECOMMENDATION
"THAT the Committee of Adjustment Secretary-Treasurer's report DS-34118
regarding the Wall minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral
submissions received on this application, the effect of which helped the
committee to make an informed decision;
AND WHEREAS the Committee agrees that the proposed variances meet Section
45.1(1) of the Planning Act and the variances are considered minor;
THEREFORE application A-04/18 submitted by Abe and Charlotte Wall, pursuant
to Section 45 of the Planning Act for minor variance, is granted to allow relief from
Municipality of Bayham Zoning By-law Z456-2003:
• Section 24.6 Minimum Front Yard Depth of 10.6 m (35 feet)whereas 15.0 m
(49 feet) is the required minimum
• Section 24.8 Minimum Rear Yard Depth of 0.6 m (2 feet)whereas 4.0 m (13
feet) is the required minimum
• Section 4.22 Minimum Setback from Arterial Roads (Streets) Subsection
4.22.1 b) County Road: Setback from centre line of the right-of-way of a
County Road of 20.0 m (65 feet)whereas 26.0 m (85 feet) is the required
minimum, and;
• Section 4.32.2 Parking required for a Rest Home of six(6)spaces whereas
ten (10) spaces are required
To permit a change of use in the Institutional (I) Zone for an existing building from
a municipal office to a rest home for seniors with 16-20 beds and common
kitchen, dining and recreation facilities.
Respectfully Submitted by: Reviewed by:•
Marg_ et Underhill
SecretarylTreasurer Committee of Adjustment CAOICIer
. '4111. x_ File No. A- 0 18
Q of APPLICATION FOR
tr
MINOR VARIANCE APR 2 0 2018
Planning Act, R.S.O. 1990, O. Reg 200/96 as amended MUNICIPALITY OF BAYHAM
The undersigned hereby applies to the Committee of Adjustment for the
MUNICIPALITY OF BAYHAM
56169 Heritage Line
P.O. Box 160
STRAFFORDV/LLE, ON NOJ 1Y0
Telephone:519-866-5521 - Fax: 519-866-3884
Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application,
from By-Law No. Z456-2003 (as amended) Municipality of Bayham.
Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the
Municipality of Bayham.
1. OWNER(S)
a) Name Abp r C,1i 16 it e— M.(1
b) Mailing Address 16.46 6QreY5 R��(1<d
rom a PUT-- 1 NO
c) Telephone No. Home: 51Cj ,'35�7q Work: 511,713- 1.311 S q C 151 11551'
d) Email Address alor6han'15 610 S @ OA( al COM\
Fax No.
2. SOLICITOR/AUTHORIZED AGENT
a) Name
b) Mailing Address
c) Telephone No. Home: Work:
d) Fax No.
Send correspondence to: X Owner(s) Solicitor/Authorized Agent
FOR OFFICE USE ONLY
Application No.: /9- oq/// File NoTO, / Date/Time of Meeting:
Date Received:, o//g Fee Received: 6000 Paid By: ighe{Ocqrlo ffe
Deemed Complete: Receipt#:09-7 3(pyo Committee Decision:
24/05/2017
Minor Variance 2016
Municipality
Application for Minor Variance
Page 2
- J. Names and address of any mortgages, holders and charges or other encumbrances: '
Name Address
~~z� ---- ------- ------- -----
-_
--""
4. Location of Land
a) Lot and Plan or Concession
W OlreaK911 #& NomeV�� tki /1-e°/^
. rot(
1-W11# 34-01- omo - oo9'- /���
--------- ----- /p'
S. Nature and extent of relief applied 1er
SCC.../701'' q di9"114)1111'114Writ..red.ht(ii 4/(//4//6c1/ .‘9 ''-'7 (:;7 0 rr-7
.�
~ ' 5 173/ u) u/ /
'(J/7 -'/ /(7�yyc � />�� ��� ` , ~� �.
6.' rny is it not possible to comply wiTh the provisions of the Byiaw?
4cf.
7. Dimensions of the entire subject land affected:
--
a) Fmnmge(n) - -26___ __ - --- ----- --
b> Depth (m) Li6, 2fi8if ^�
J - -_
c) Area (`qm /ha) [ ��q �� � �
-�-- ' /. '^ J*
8. Particulars of all buildings and structures on or proposed for the subject land(specify
ground floor area,gross floor area,number of storeys,width, length,height, etc.)
`
a) Existing �z
, / /`` �^~ ~ / yr'-a 7(171 (e 15( r''''~/
~)�/ � - / ^- ' ~ ! - + /ly ' � -r/ �*'°�
—
FY' /?in i^/ `�4 /�. / ^rt .~4
b) Proposed /\/�
� '» P-C____. .'����
24/05/2O17
Raw.Variance 2o1G
Municipality of Bayham
Application for Minor Variance
Page 3
9. Date of purchase of subject land: !_;044� /y'',bE r �1 q a.0� )-7
j
10. Date of construction of all buildings and structures on subject lands: roc 71U /q �
11. Existing uses of the subject property:
VQ1/ (t-tri f 47574 onna/ zoric'd bi. //11 ) leirMec /YILI`li9a7
12. Length of time and existing uses to the subject property have continued: 5 j I9s�'
13. Existing uses of abutting properties:
a) North b f��(\' /NS¢iA/,civtal
b) East
c) South bIGt(!%,�It; / 1n'1cc," /Q
d) West (�� ic((;n}i( l a /
14. Services available(check appropriate space(s))
a) Method of Water Supply(if applicable)
Public Water Supply System 0 Private Individual Well /l
Private Communal Well ❑
0 Other(please specify)
b) Method of Sanitary Waste Disposal (if applicable)
Private Septic Tank and Private Communal System 0
Tile Field System ❑ Public Sanitary Sewer System 'SI
0 Other(please specify)
15. Present Official Plan designation: /7151/7114.7 .1) a
16. Present Zoning Bylaw classification: pyo.}14 irjyy ' (—L)
17. Has the owner previously applied for a minor variance in respect to the subject property?
Yes 0 No tj
If Yes, describe briefly:
18. Is the property the subject of a current application of consent/severance?
Yes 0 No Lel
24/05/2017
Minor Variance 2016
STATUTORY� / DECLARATION
_ 0�� i
+1 be, 0.r of G-I'1<<t►�►I e_ (AlC (( of the
c.�� lName of Applicant(s)
r'(i\Nc•(N in the E\ G ..
(City!\, Municipality, Town, Township) (Coui-1tf\y/District/Region)
SOLEMNLY DECLARE / AFFIRM THAT to the best of mygknowledge and belief, all of the
information, exhibits and statements provided in this application as required under Section 45
of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true;
THAT OP shall assume responsibility for any additional costs exceeding the deposited amount
related to the said application and understand and agree that payment of said additional costs
shall be a condition of this signed application. •:Iso agree to accept all costs as rendered;
AND 410 make this solemn Declaration conscientiously believing it to be true, and knowing
that it is of the same force and affect as if made under oath and by virtue of the "Canada
Evidence Act'.
DECLARED before me at the:
7�� /c o//y c g 1 oy4/4
(City, Mlunicipalityown, Townshi ) Signature of Applicant . A uthorized Agent
in therOz,0/ ,/ 6L ./dI ) 4110*--
or
(Count /Di rict/Region)) ) Signature of Applicant
this i'7`(--/ day of ,//�S / � , 20 /7 ) ��C .„ J Q ,
Signature of Applicant
% ,,
A Commissioner, etc. )
MARGARET UNDERHILL,n Commissioner, eta * If authorized agent, a letter of authorization from
Deputy Clerk of the Corporation of the the owner of the property must accompany this
111tanicip ty of kaylu m. application.
24/05/2017
Minor Variance 2016
FIRST STREET
4:C015 40.240 METERS
6
SKETCH OF 9344 PLANK ROAD
BAYHAM NOT TO SCALE
PARKING 1-3 PARKING 4-6
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IBI GROUP
203-350 Oxford Street West
London ON N6H 1T3 Canada
tel 519 472 7328 fax 519 472 9354
ibigroup.com
Memorandum
To/Attention Municipality of Bayham Date May 2, 2018
From Paul Riley, CPT Project No 3404 - 690
cc William Pol, IBI Group
Subject Abe and Charlotte Wall -Application for Minor Variance to Zoning
By-law#Z456-2003 Lot 2, 3, Part Lot 4, Plan 205 Part 1, 11 r-
10085, 9344 Plank Road, Straffordville
1. We have completed our review of Minor Variance application A-04/18, submitted
by Abe and Charlotte Wall for lands located at 9344 Plank Road, Straffordville.
The applicant is requesting a variance to Zoning By-law#Z456-2003 to grant
relief from regulation Section 24.6 for front yard depth of 10.6 m (35 feet)whereas
15.0 m (49 feet) is the required minimum; Section 24.8 for rear yard depth of 0.6
m (2 feet) whereas 4.0 m (13 feet) is the required minimum; Section 4.22.1 b) for
setback from the centre line of the right-of-way of a county road of 20.0 m (65
feet) whereas 26.0 m (85 feet) is the required minimum; and Section 4.32.2
parking required for a rest home of six (6) spaces whereas ten (10) spaces are
required. The variance is to permit a change of use in the Institutional (I) Zone for
an existing building from a municipal office to a rest home for seniors with 16-20
beds and common kitchen, dining, and recreation facilities. The subject lands are
designated "Institutional" on Schedule "C" Straffordville: Land Use and
Constraints in the Official Plan. The lands are zoned Institutional and are located
on Schedule "F" Straffordville of the Zoning By-law. A rest home use is a
permitted in the Institutional Zone.
2. The subject lands have a lot frontage of 42 m (138 feet), lot depth of 33 m (108
feet) and lot area of 1,699 m2 (0.4 acres). It is located in the village of Straffordville
and is serviced with public sewer and private well. The existing building has been
vacant since the Municipality of Bayham office was relocated in January 2017, the
building dates to approximately 1955. Surrounding uses are institutional, residential
and commercial.
3. Section 45. (1) of the Planning Act outlines the four "tests" with which the
Committee of Adjustment must be satisfied, when considering an application for a
minor variance to the Zoning By-law. The following sets out the analysis of these
tests:
• Is the variance minor in nature?
The requested variance is to permit a change of use for a parcel with an
existing building with reduced setbacks and parking. Rest home is a listed
IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies
IBI GROUP MEMORANDUM 2
Municipality of Bayham—May,2,2018
permitted use in the Institutional zone. The reduced front yard, rear yard and
county road setbacks are existing.
Parking is available along the south of the parcel accessed from First Street.
Additional parking is proposed to be accommodated by way of agreement
with the Municipality for shared parking on the public utility lot to the north
where there is adequate land area and road access to accommodate
additional parking for the rest home.
The minimum front yard depth of 15.0 m is required for institutional lots
abutting commercial or industrial zones. The lands to the west and south are
zoned Commercial/Residential (C1/R1). In all other cases, i.e. not abutting
commercially zoned land, the minimum front setback is 7.5 m (24 feet),
therefore, the reduced setback of 10.7 m is minor in nature.
Rear yard setbacks provide separation from abutting uses to ensure safety
and privacy. There is a residential dwelling lot to the rear of the subject site
fronting on First Street. From a desktop review using Google Earth, there is
approximately 6.0 m (20 feet) between buildings, some tree/landscape/fence
separation in the front and a shed screening the back of the dwelling from the
grassed area north of the subject site building. The amenity areas are on the
north and south west of the building. Based on the existing screening and
outdoor amenity area separation from the dwelling to the east, the reduced
rear yard is considered minor in nature. The variances are minor.
• Is the variance desirable for the use of the lands?
The variances in setback and parking are intended to facilitate a change in
permitted use. This lot is appropriate for the main use of a rest home for
seniors. Bayham has a sizable population of seniors looking to age in the
community. The cost of constructing a new building limits the ability to
develop this type of housing in the area. There is a lack of this form of housing
in the area and of a new location for senior living in an existing building is a
desirable use of the lands.
• Does the variance maintain the general intent and purpose of the Zoning
By-law?
The intent of Section 4.22 county road setback is to reduce the impact of
development on roads with higher volumes of traffic that may include
increased speeds and also may require wider right-of-way widths. Vehicle
speed is lower within the village of Straffordville and the access and parking
is from First Street which is a municipal road with adequate sightlines,
therefore, the reduced setback of 20.0 m is in keeping with the intent and
purpose of the Zoning By-law.
The parking is 40% below the minimum, however, additional parking is to be
accommodated by way of agreement with the Municipality to share parking
on the public utility lot to the north.
IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies
IBI GROUP MEMORANDUM 3
Municipality of Bayham—May,2,2018
Based on the existing setbacks and an additional parking agreement the
general intent and purpose of the Zoning By-law is maintained.
• Does the variance maintain the general intent and purpose of the
Official Plan?
The intent of the "Institutional" land use designation is to allow institutional
uses as the main permitted use. The intent of the application is to allow a rest
home for seniors in an existing building. Section 4.2 encourages
intensification and redevelopment within settlement area boundaries on
vacant or underutilized sites in order to efficiently utilize designated
settlement area land and available municipal services. The proposed
institutional use for the existing building with reduced front yard, rear yard,
County Road setbacks and parking is in keeping with the intent of the Official
Plan.
7. Based on our review we have no objection to the requested minor variance to
reduced front yard, rear yard and county road setback and parking to permit the
change of use to a rest home for seniors.
?a4/11 G .
IBI GROUP
Paul Riley, CPT
Consulting Planner to the
Municipality of Bayham
IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies
Marg Underhill
From: Cindy Stewart <cin_stew@hotmail.com>
Sent: Sunday, May 6, 2018 8:26 PM
To: Marg Underhill RECEIVED
Subject: Minor Variance
MAY 072018
Hello,
We fully support this variance and the purpose. MUNICIPALITY OF BAYHAM
It is what I was hoping for! 2 �} 6 i� f /
Regards 0,0Per e 7(�✓3 l� /Z,
Cindy Stewart
Sent from my iPad
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