HomeMy WebLinkAboutNovember 19, 2015 - Council - Addendum THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING ADDENDUM
MUNICIPAL OFFICE
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, November 19, 2015
Page
1. ADMINISTRATION
2 - 4 (a) Additional information for item 10.2(a) Report DS-70/15
Page 1 of 4
GIBSON BENNETT GROOM & SZORENYI
Banisters and Solicitors
36 Broadway,Tillsonburg,Ontario N4G 3P1
Telephone:(519)842-3658 Fax:(519)842-5001
D.BRADLEY BENNETT,B.A.(tions),LL.B. MICHAEL G.SZORENYI,B.Sc(tions),B.Adtn.,LL.B.
IAN R.LINTON,Q.C.(1928-2001) R.G.GROOM(1910-1990)Provincial Court of Ontario Justice
BERNARD TOTH,Q.C. (1930-2010)
SCOTT K.CAMPBELL(Appointed Superior Court Justice July 2009) ANTHONY G.LADOS,LL.B.,Associate
November 18, 2015 via e-mail: (pshipwayt bayham.on.ca)
The Corporation of the Municipality of Bayham
9344 Plank Road
Straffordville, ON NOJ 1Y0
Attention: Paul Shipway, CAO
Dear Mr. Shipway:
RE: File No. C-071 D9.15 Szorenyi
Roll#3401-000-004-09500
Consent Application El 05-108/15
Our File#S15-809
I would like to clarify some of the comments in the report submitted by the Deputy
Clerk/Planning Coordinator.
As the report confirms,we did apply for and receive Land Division Committee consent for
the creation of four lots in nearly the same location in August of 2011. The most southerly
of the 4 lots commenced at the southerly limit of Donnelly Drive and its intersection with
Sandytown Road. For financial reasons, including the costs of satisfying the consent
approval conditions, the exclusion of the most southerly lot leaving only 3 lots, and the
market value of the lots at the time we decided not to complete the severance.
The current application has been amended so that the southerly lot commences at the
northern intersection of Donnelly with Sandytown Road.
I do not anticipate the conditions of the severance will be that much different than those
specified in 2011. The market value of the lots has increased by approximately $10,000
per lot making the current severances financially viable.
The Deputy Clerk/Planning Coordinator's report refers to the subject lands as being 40.12
acres however the tax records show the property is 93.74 acres. We have included in our
Additional information for item 10.2(a)Report DS-70/15 Page 2 of 4
application all the lands owned by the applicant on the east side of Sandytown Road. This
is a separate PIN. Although the lands on the west side of Sandytown Road are part of the
same farm they are two additional PINS and we did not include them in our application for
that reason.
Specifically addressing the memorandum of William Pol of IBI Group, I would make the
following comments using his numerical sequence. The basis of the report seems to be
that Mr. Pol would prefer a draft plan of subdivision to four individual severances.
With respect to Paragraph 3, the Holding Zone dates back to 2003. It's my understanding
that it is there so that the municipality can ensure compliance with a development
agreement. The Holding Zone was never intended to require a draft plan of subdivision
and was in existence in 2011 when the previous applications for consent were approved.
Paragraph 4 confirms that the plan of subdivision should be required for 5 or more lots.
In this instance there are 4 lots.
We could continue through each paragraph but I don't think Mr. Pol's report addresses:
A) the fact that there have been 8 severances approved immediately across
Sandytown Road from the subject property.
B) unlike the Countryview subdivision in North Hall,there are sewer services available.
It is my understanding that most of the concerns with that subdivision were
contamination of ground water which required Ministry of the Environment approval.
That is not an issue in this instance.
C) unlike the Countryview subdivision, these lands are on registered plan 205 which
is a registered plan of subdivision in existence since the 1800's. Accordingly,these
lots already exist along Sandytown Road without requiring a severance. However
following Plan 205,the lots would be larger than necessary. We have submitted the
application to make the most appropriate use of the land.
D) unlike the Countryview subdivision, Sandytown Road is already in existence.
In summary, we don't think any comparison can be made between the Countryview
subdivision in North Hall and these proposed severances lying within the village residential
zoning area with development immediately across the road and with the availability of
sewers.
We would be pleased to submit a proposed future development plan showing where
development of the roads and lots might be in the future.
Council will be aware that the lots we sold along Talbot Road to the Winkworths, and the
lots on the north side of Donnelly, north of the United Church, were sold with certain
building restrictions and development guidelines attached. It was extremely important to
Additional information for item 10.2(a)Report DS-70/15 Page 3 of 4
us that the houses be up to a certain standard. We are proud of these houses. It is
important for us in the future to ensure that any homes be built on the current lots meet
higher standards than the minimum requirements.
Yours truly,
GIBSON : GROOM & SZORENYI
Mic •el G. Szorenyi
MGS/tlj
cc: Paul Ens, Mayor(pens(a•bayham.on.ca)
Thomas Southwick, Deputy Mayor(tsouthwickCcr7_bayham.on.ca)
Randall Breyer, Councillor, Ward 1 (rbreyer(a�bayham.on.ca)
Wayne Casier, Councillor, Ward 2 (wcasier@bayham.on.ca)
Ed Ketchabaw, Councillor, Ward 3 (eketchabaw@bayham.on.ca
Additional information for item 10.2(a)Report DS-70/15 Page 4 of 4