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DOWN IT COMES — A barn owned by Ross Cottle five miles east of Exeter was partially
destroyed by fire Saturday morning. This was the scene when a portion of the structure
collapsed. T-A photo
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AOYIKTIIIMIaT
IFS
TImou-Mdvocate, August 20, 1900
4
ment
At press time, Tuesday,
the Ontario Municipal Board
was still hearing arguments
from lawyers and plaundrs
Over the designated, use for
the north end shopping
centre and adjacent lands
owned by Hawleaf
Developments Limited,
It is expected the hearing
into that particular matter
could extend into Wednesday
. before Miss Dorothy
McRobb, chairman, and her
associate,' C.G. Charm,
Q.C., hear other objections.
Tuesday morning, Lloyd
Fogler, solicitor for
Hawleaf, moved for a non
suit in respect to the zoning
Developer Jerry Sprack-
man failed in his bid, Wed-
nesday, to .reach a . com-
promise over the northend
shopping centre and
alleviate taking the matter
to the Ontario Municipal
Board hearing which
commenced at the town
offices, Monday.
He and his lawyer, Jeff
Goldenberg, appeared
before a joint meeting of the
planning board and council
to present their arguments
for reaching a settlement
prior to the board hearing.
Goldenberg said in
reviewing the matter they
'came to the conclusion that it
would be a waste of their
time and money, as well as
the town's, to argue the
matter before the OMB,
Hawleaf Developments
Ltd. would be prepared to
drop their objection with the
OMB and current litigation
against the town in return for
having the shopping centre
zoned general commercial
and the adjoining
development land zoned as
highway commercial.
In addition, Sprackman
said he wanted the right to
divide the existing building
into whatever configuration
required by prospective
tenants.
He said Exeter was the
only place in which he owns a
shopping centre that he is
unable to divide the struc-
ture any way he wishes and
said he couldn't understand
that situation or why he was
being treated differently
than other developers in the
community.
As part of the compromise,
he said his firm would be
willing to give an un-
dertaking that the super-
market space will always be
used by a supermarket,
"I appeal to your common
sense," he said, "I want to be
of the property which relates
to the existing. shopping
-centre, which his client
wants zoned .as general
commercial. In the new
Plan, it is glassed, mostly in
highway commercial and the,
balance of the property is,
designated, as industrial,
Fogler said. they were.
objecting to the industrial
designation as well, but not
moving to a non-suit
situation in that regard,
°In no stretch of proper
planning can the property be
down-zoned," he said in
reference to the highway
commercial designation of
the shopping centre. He cited
supermarket remain and not
be replaced by a junior
department store, Mitchell
said he didn't see that as a
great risk. It wad indicated
that, Zehrs have a 20-year
lease with Hawleaf.
Sprackman then asked
council to consider
reviewing the list of ap-
proved uses for the highway
commercial designation,
noting it did not give him
many alternatives in the
type of stores that could be
housed the shopping
centre.
The meeting was briefly
closed again for a private
discussion and when he
returned, Sprackman was
told by Merner that the two
bodies didn't see where
going through the list would
solve anyone's problems and
that matter should be coh-
sidered closed.
"We'll, let the board
decide," Sprackman said as
he left the meeting.
REFUSE BID
Exeter council apparently
turned down a bid to reach a
compromise Monday night
over the objection to the new
official plan and zoning
bylaw by Hawleaf
Developments Limited.
Prior to their meeting,
council learned that Gary
Davidson would be attending
the session. Word was that
the lawyers for the town and
Hawleaf had discussed the
matter after the OMB
hearing opened on Monday
and had reached a suggested
compromise.
The discussion between
council and Davidson was
held behind closed doors, but
it was apparently 'a bid to
have some new uses ap-
proved for the Hawleaf
property in return for
Hawleaf dropping current
litigation against the town,
been .Chatiged to something
less than previously allewed
and said he saw no, such.
downgrading..
Fogler then argued again
that the, shopping ceatre
should have been placed in a
Cl designation, the same as.
the downtown core area,
After the arguments, the
two OMB officials retired
briefly to consider the ap-
plication for a non-suit and.
then returned to ,say they
were reserving their
judgement.
The Hawleaf solicitors.
then called on urban planner
William J. Dolan to get his
opinions on the local official
plan and zoning bylaw, •
He explained that the
official plan permits a
shopping centre in the high-
way commercial designation
and said it would haVe been
good planning to recognize
this fact in the zoning bylaw.
In his testimony, Davidson
had said the permitted use of
a shopping centre ,in the
highway commercia list in
the official plan was actually
there in error,
Board member, Charron
said he was astounded that
such a situation could exist
in the documents and it
DONALD PENNINGA
At University Hospital,
London on Thursday, August
14, 1980, Donald Penninga of
Exeter in his 51st year.
Beloved husband of Gerti
(Imanse) of 95 Huron Street
East, Exeter, dear father of
Jane, Rob, Judy, Joyce,
Debbie and Donnie all at
home and son of Mr. W.P.
Penninga of , the
Netherlands, dear brother of
Jan, Weibe, Martin, Johan
and P.D: Penninga, Mrs.
Annie Vanderwal, Miss
Maryke Penninga, Mrs. Gre
Dusseljee, Mrs. Ge
Vriezema, Mrs. Anneke
Veenstra all of the
Netherlands. Funeral
arrangements by, Hopper-
Hockey Funeral Home,
William Street, Exeter. The
funeral service was held on
Tuesday, August 19th, 1980 at
2 p.m. at the Christian
Reformed Church, Main
Street North, Exeter with
Rev. Clarence Bishop of-
ficiating. Interment in
Exeter Cemetery.
MAYME SCHENK
At South Huron Hospital,
Exeter, on Tuesday, August
12, 1980, Mary Ieleen
(Mayme) Allison, beloved
wife of Roy Schenk, of
Crediton, in her 72nd year.
Dear mother of (Joyce) Mrs.
John Ryan, and Harold
Schenk, both of London.Dear
sister of Mrs. Gladys
Lochner of Inwood and Mrs.
Ed. (Flora) Gackstetter of
Exeter. Also five grand-
children survive.
Predeceased by one 'sister
and three brothers. Rested
at the T. Harry Hoffman and
Sons Funeral Home, Dash-
wood, where the funeral
service was held on Friday,
August 15, at 2 p.m. Rev.
Brian Elder officiated with
Interment in Crediton
Cemetery.
DAVID MU R RAY
In University Hospital,
London, Ontario, on Monday,
August 11, 1980, David Alan
Murray. Beloved husband of
Florence (Teece) Murray, in
his 70th year. Dear father of
Robert Grant Murray; at
home RR 2, Zurich, Mrs. C.
Victor (Linda Jean)
Hodgins, Aurora, Mrs. Peet
(Carol) Murray Ranniste,
Mrs. Peter (Susan Eleanor)
Noonan, Oshawa, two
grandchildren Jeffrey and
Andrew Hodgins. One
brother predeceased. Rested
at the Westlake Funeral
Home, Zurich, until Friday
August 15, where funeral
service was held at 2 p.m.,
with Ms. Barbara Laing
officiating.. Interment made
in Emmanuel United Church .
Cemetery.
CLIFFORD ABBOTT
Suddenly at his late
residence 219 George Street,
Lucan on Tuesday, August
19, 1980, Cliford A. Abbott in
his 76th year. Beloved hus-
band of Lela (Hodgins) Ab-
bott. Dear father of Arthur
Abbott, Centralia and Mrs.
Allen (Rowena) Tindall,
Wiarton. Dear brother of
Madeline Tindall, Listowel
and Mrs. Kenneth (Amy)
Brock, Thorndale. Grand-
father of Mrs. Michael
(Muriel) Anderson and
Wesley, Catherine and Carol
Abbott. Resting at the C.
Haskett and Son Funeral
Home, Lucan. The funeral,
service will be held Thurs-
day, August 21 at "2 p.m. with
Rev. C. McKay officiating,
Interment St. James
Cemetery, Clandeboyd.
promPted MtgeMead* tn,
askifDavidsonreallyithought
they should not approve the
document because it was in
error,
In, his remarks, Dolan
termed several aspects of
the Exeter plan as poor
planning,
Ile said the shopping
centre should be recognized
in the current documents as
it is compatible with all
existing neighboring uses•
and is' located in, an area
where large floor space
users can locate near the in-
tersection of two highways,
which makes it an asset for
commercial development.
Dolan said it was not good
planning to designate the
property as highway com-
mercial when a shopping
centre is not permitted hi
such an area and added that
it was not good planning to.
run a designation line
,through an existing building
which is the case as the east
portion of the facility is
zened as industrial,
He told the board it should
be in the Cl zoning category
and this should include the
entire building and the
parking area at a minimum.
It was also his suggestion
it Gould have been given
status zoning in the official
plan or a separate zoning
classification.
Dolan was to be quizzed by
Mitchell' regarding his
opinions in the Tuesday
•
afternoon session .after this
presfi report WaS. prepared:,
In his testimony on.
Monday,. Davidson , said. the.
official plan. policies. were
structured to. protect the
core and at the same time
allow large space users to-_
locate outside.tbe core area,
He said these goals . were
being .achieved nicely as.
evidenced by the 'nu-
Prevenient in the ap
pearance and the growth of
commercial establishments.
in the core area,
,Davidson said he and the
Exeter planning board had
recommended that the high-
way commercial designation
be placed on all the Hay/leaf
land, but thiS.had been
turned down. by ' council,
In his testimony, the
minty planner said he
disagreed that the property
had been down-zoned,
A question was raised as to
the availability of land for a
proposed new location for.
Canadian Tire and Davidson
said land was available
north of Algaonla Tire, but
Fogler contended there was
not enough land for an ex-
panded Canadian. Tire Store
'anywhere in the community,
Fogler said the intent of
the documents to give large
floor space users a location
outside the core area was
"really hollow talk".
should, make an effort to
attend portions of the
hearing -into the town's new
official plan and zoning
bylaw. "It's part of the job,"
she opined.
"Those with time will
attend and those who don't,
won't," countered Deputy-
Reeve Harold Patterson.
No members of the local
planning board were in at-
tendance at the hearing on
Monday either and they
couldn't raise a quorum for
last week's special meeting
when developer Jerry
Sprackman attempted to
reach a compromise with
council and the planning
board to avoid the costs and
time of a lengthy OMB
hearing.,
continues earin into north end develo
treated as any other
citizen,"
Mike Mitchell, on hand as
the town's solicitor, told the
developer there had never
been a case where town
council had refused to
permit him to. divide the
building as he -wished.
The Stratford lawyer did
suggest that chinges had
been started in . the past
without the proper building
permits and payment of fees.
He also refuted Sprack-
man's suggestion that he had
been refused permission to
meet with council. While
agreeing that the developer
had not always received_
what he wanted from
council, Mitchell suggested
council had always treated
him reasonably.
At this point, planning
board chairman Gerald
Merner closed the meeting to
discuss the matter in private
with .council, Mitchell and
Huron County planning
department head Gary
Davidson,
Shortly after, when
Sprackman and his lawyer
were called back to the
meeting, Mitchell said it was
the decision of council to not
accept the compromise and
to proceed to have the
matter heard by the Ontario
Municipal Board.
He advised the developer
council were concerned
about the core aritrwere not
prepared to designate the
shopping centre as general
commercial. He said council
would give a good hearing to
any proposal to. divide the
centre in any manner
requested but that there
would always be the question
of the use being made of the
space.
Saying that he had to
assess the risk involved in
not accepting the un-
dertaking to have the
two Supreme Court nilings
and one OMB ruling to
substantiate his arguments..
However, Mike Mitchell,
representing the town, said
there was no evidence that
the proPerly had been down-
zoned by the town in the new
documents.
He Pointed to the fact the
current uses in the shopping
centre conformed to both the
old and new bylaws and
noted that Huron County -
planning director, Gary
Davidson, had testified that
it was good planning.
Mitchell emphasized that
for down-grading there must
be evidence that the uses had
Sprackman loses bid
for a final compromise Councillor *Lossy Fuller
has expressed concern over
the fact few members of
council were on hand when
the Ontario Municipal Board
hearing opened in Exeter,
Monday.
Mrs, Fuller attended- the.
session and the only other •
member•on hand was Mayor
Derry Boyle, who made a
brief appearance. He left the
meeting after lighting up a
cigarette and was advised by
the chairman, Miss Dorothy
McItobb, that smoking was
not permitted.
"We were really proud of
him," Mrs. Fuller com-
mented in reference to the'
Mayor.
She added that memberd
CorOy two on hand