Loading...
HomeMy WebLinkAboutThe Huron Expositor, 1996-10-30, Page 7Close-up OMB hears evidence from Ring CONTINUED from page I agreed. land that would be free from His next objection was the future development. broken field tile Ring discov- As far as secondary access ered. He thought the initial by the arena, the engineer breakage occurred when said, "I feel better now that workers bored under County it's 28 units instead of 82." Rd. 12 to make a larger con - He assured the OMB *:hair dull about 10 years ago. thc.emergency exit was wide Gusher in Yard . enough for emergency vehi- - Ring said it didn't create an cies to travel on. initial problem but he became Sewage capacity concerns aware of a problem about have also been addressed for. five or six years ago when he the proposed site. observed a "gusher" in the "How can the Rings he neighbour's yard about four assured this (site) is going to to six feet across after a he properly drained'!" asked heavy rainfall. chair Harron. Ring said the previous ."The client (developer) has property -owners were aware said he will comply (with of the problem and he necessary drainage require- assumed they complained to ments)," said Potter. the town about it. To his "When everything is in knowledge it had not been place. who stamps this okay'!, repaired. asked Harron. "Assurances • from the • "We do as engineers." municipality would not be answered Potter. helpful?" he was asked. "What if the developer gets "No. For five years they've in trouble and can't finish the known about it," said Ring. project'?" His last objection was the "We have a letter of credit "dramatic revision to the sub - for IYH) per cent of the value division plan." of servicing." said Potter. "In the original plan the "You're saying no Matter public could give their input. what; the Rings don't have to I guess I was naive and worry about drainage, said assumed what council was the chair. going to do was best for the .Lawyer Mitchell for the people of Seaforth," said town said the planner made a Ring. site trip that day, one hour At the time public meetings and' 15 minutes before the were being held -to discuss hearing and "couldn't see any the first plan, Ring had an water" at the proposed site. extensive out of province Before calling a 15 minute vacation planned for his break, chair Harron said .the retirement from teaching. Rings should come forward But even if he was around, and state their concerns. he said, "I wasn't able to "Today is the day to figure argue a point if I wasn't ever this Out," he said. aware of it." He said he sub - George Ring Takes Stand sequently learned of things Property owner George about the proposed subdivi- Ring, of 170 Main St. North, sion as time went on. Seaforth, first answered quos- Ring said he has made tions from his lawyer. some representations to coun- It was confirmed the Rings ctl over the past years and have lived in their present sent Tetters on such concerns location for approximately 30 as sewage facilities .and lack years and that they knew •of privacy. about the planned develop- Only Public Forum Left mcnt cast and north of their His lawyer confirmed that property for more than eight after Ring sent a letter dated years. June 10, 1996 to the munici- "Were you involved in that panty outlining his concerns, planning process?" asked town clerk James Crocker lawyer McDonald. informed him that the only "Not really," answered public forum available to him Ring. was the one he launched, an "But you received notice appeal of zoning bylaw 33. from the town from time to Cross Examination time to attend meetings?" Lawyer Mitchell for the "Some meetings," said town briefly reviewed the Ring. series of .correspondence "Is the 1988 draft -plan between Ring and the town which was approved suhstan- since 1989. tia•Ily different from the 1996 • Mitchell said the town has plan (for the subdivision)?" attempted on numcrous occa- askcd McDonald. cions to meet with Ring and "Radically," said Ring. hear his concerns. His lawyer. confirmed Ring "Most of these were corre- had become aware the plan spondencc, not meetings," was amended and revised said Ring. sometime in 1995'and aware "They've invited.you to the town received the revised make copies, look at public Plan in June 1996. documents, .view files," said Objections to Plan Mitchell. McDonald outlined Ring's "I had asked for specific objections to the revised plan information that should have for the subdivision. been on file," said Ring. The plan as presented crc- Ring's lawyer jumped in atcs three 'through' lots - lots and objected to the cross with frontage on two roads, examination of his client by with the Ring property being Mitchell. one. said his lawyer. "The witness should have He had objections to traffic the opportunity to present thc noise. Tights, lack of privacy history of the case," said and any other problems rclat- McDonald. cd to increased traffic. "I've gone beyond the Ring's second objection town's motion and we've was the location of tile in part proceeded to the hearing," one of the plan - under said chair Harron. County Rd. 12. "We'll hopefully settle the "Thcrc is a conduit across matter today. I've been the road with the lenient. We're only here entrance/exit directly under today to hear an appeal. I'm my' neighbour's driveway," going beyond that to try and said Ring. mediate," he said. "Why do you object to the He said he would give location of tile?" McDonald the chance later to "I don't think it can he cross examine both witnesses moved. It was there prior to (the planner and engineer) if the construction of the house. he wished. Mr. Bcavcr has indicated to "You're not objecting to me 'the house never should residential housing being put have hccn built,' " said Ring. back there. You're saying I'm The chair asked how the not objecting to housing but water from heavy rains set- servicing," said Mitchell.' ticd on the Bcavcr property. "Planning and servicing," "Thc water flowed around answered Ring. his property," said Ring. It was established that "Thc land is like a shallow floods had occurred twice in funnel. And the drainage on the last 20 years on neigh - the subdivision is not solely bouring properties. water from thc subdivision," In regard to the drain Ring said Ring. had objections to, Mitchell "So had drainage installa- said it was not a municipal tions in thc past makes you drain. Ring said it could leery of future drainage?" belong to a nearby farmer or asked his lawyer. Ring property owner. 4 "Did you ever go to the farmer and see who owned it? Did you ever go to the pri- vate property owner and sec if there was a problem? Why didn't you go to the owner?" asked Mitchell. "He didn't have any control over the rain and snow," answered Ring. A Little Confused "I'm a little confused," said Mitchell. "In the two plans they haven't changed the boundaries, access, road pat- terns. What's the radical change?" "The number of units," answered Ring. "That's gotten better! From 82 to 28," said Mitchell. "Having RI (zoning) is a better improvement than hav- ing a high-rise," said Ring. The town's lawyer explained the municipality's one -foot reserve, that no one can cross or build on. "You've seen Mr. Potter's fence design and discussed it," said Mitchell. "There's the illusion that the fence was my idea," said Ring. Mitchell consulted the min- utes of the public meeting at which a fence design was brought up. The minutes said Ring suggested the idea, of a fence. "Sometimes minutes leave out what's actually said," commented Ring. "1 don't know who expressed privacy concerns," he added. Mitchell and Ring dis- agreed about. who requested the fence and whether it was discussed or not. Then Mitchell Said, "It wouldn't have mattered. You don't want any develop- ment." Ring disagreed. Objection Stated "I would like to see the sub- division redesigned so we have rear lot abutment," said Ring. "The design '(of the subdivi- sion) hasn't changed. You didn't object to the first plan," said Mitchell. "I was on vacation, out of province," replied Ring. "My objections grew after requests of easements by the town." No Objection to Bylaw 33 "You really don't have any concern with bylaw 33 as it re -zones from multi -family to single family units," asked Mitchell. "The answer is 'no' if you narrow discussion to that question," said Ring. His lawyer confirmed that bylaw 33 is a condition of the draft plan approval and that Ring opposed the zoning bylaw to have "one chance" to speak publicly on the mat- ter because "the writing was on the wall." The OMB chair said in a draft plan of a subdivision it's a two-party agreement between the developer and the town. The plan has already received approval from the Minister of Municipal Affairs. ' "The (OMB) board can repeal the bylaw if you prove beyond doubt that the land is under water, has no drainage plan or can't be fixed," said Harron. "I understand your concerns go beyond planning. That's why we allowed the evidence to come in." "I'm against the way the situation came about," said Ring. "I'm not going to decide who's right. I'm going to reject your lawyer's request to adjourn. We're going to settle matters today. The town has suggested a wooden fence. There's roads on each side (of your house if devel- opment goes through) and car lights," said the chair. "What are you suggesting to the municipality that would give you your priva- cy?" "That's the problem, the street doesn't need to go there," said Ring. No Jurisdiction To Change "I don't have any jurisdic- tion to change that. The mayor is here today. The engineer is here. Hopefully they're reasonable," said the chair. .1 -le established that the wooden fence would be maintained by the municipal- ity if built. The chair.asked if the plan- ner had the site p!ar with the wooden fence wi t Potter answered "it shows a wood fence at the extreme west end of the road allowance. There was also discussion of green huffing but I don't know the status of that." It was also the intent of the town and the developer to go hack to the neighbours of the proposed development to dis- cuss the fence and buffer and the municipality will put that as part of the subdivision agreement, with the develop- ment, said the chair. He said Ring will have a chance for input at the next public meeting. Credibility on the Line As far as drainage concerns, the chair said evidence was given under oath by the engi- neer. "He has ensured us there's a proper storm drainage plan. Thc,property will he properly drained," said Harron. "I don't agree it can't be done," said Ring. But he said his past experiences leave him doubtful. • "This gentleman's credibili- ty and license is on the line," said Harron. Municipality Responsible The town's lawyer said the engineering plan is submitted by the owners and checked by the municipality. "If we're in error, the municipality is responsible," said Mitchell. He was recently involved in a case where a municipality approved a 'had plan" and had to pay $120,000. "The developer had to put a line of credit up," said the chair. "Doesn't Reassure Me" "That doesn't reassure me," said Ring. "I've been through a num- her of these and when I go to municipalities that don't go as far as Seaforth has (with obtaining letter of credit and agreeing to address drainage concerns), I feel uncomfort- able," said thc chair. Never Be the Same "It's going to he done one way or another. It'll never he the same. You're going to havc.a road and development hchind you. Thcrc will he neighbours hchind you rather than a field," said Harron. Berming a Possibility Ring's lawyer said herming CONTINUED on page 13 Tilt HURON EXPOSITOR, October 30, 196-7 WE ARE MOVING As of November 1, 1996 staff of the Huron County Health Unit Brussels office will be located at Health and Library Complex R.R. #5 Clinton, Ontario. NOM 1L0 To reach us call: 519-482-3416 or 1-800-265-5184 PARENTS OF STUDENTS at • SEAFORTH DISTRICT HIGH SCHOOL • are invited to attend PARENTS NIGHT being held on THURSDAY, NOV. 7 7:00 pm - 9:00 pm (at the school) - Interviews can be arranged by students for parents WE LOOK FORWARD TO YOUR VISIT nim SEAFORTH ,.`e,...1 PUBLIC .''�:4.� UTILITY �-- COMMISSION •NOTICE• Due to the FLUSHING OF. HYDRANTS within the Town of Seaforth THE WEEK OF November 4th customers could experience some discoloured water. This will clear, but before doing laundry, PLEASE check to see that it is- clear. If. you have any questions, please call 527-0530 (PABRgCLAc1vD") CANADA'S LARGEST FASHION FABRIC DISTRIBUTOR Buy AI Our lmRuhlC[T r 2 FREE! ON SELECTED MERCHANDISE Choose from the following selections, and BUY 1. GET 2 FREE: Selected 100%rW001 COIIECTION Mani lull*:entail. pawed crepe Owlet 1131.1(31a Selected PRINTED CORDUROY IlkaWe. ID%coda Owlet 1111• Selected CHALLIS PRIMS IlSeank,ID%ri1a.Oalet III. Selected NOVELTY SUITING ISM wilt Owlet I II. sere -red FAME & CREPE SOLIDS ISka atilt Ow let I! Il a Selected PRINTED POIYESTER Mee wit Da let 14 Us Selected RAYON CRINKLE PRINTS IIS.l3Seank Owletlllsa Selected PRINTED CREPE 131-I3Scanit IN%up. Owlet 1431a Selected COTTON FASHION PRINTS Igoe ride SlltttWats Ow let I III Selected RAYON & RAYON/COTTON PRINTS likende Shtitirate Oa 31. Selected DIOR CREPE liken* Owlet II Ile Selected CNAII IS SOIIDS I3Sarnk. Oa bt 1 tl a setededSEAFARER'SBel TOMWEIGNT aka nk.Owlet Ins Selected IRONED PtAIDS 113-ISkank. Oalet131. serertedWI-D E BROADCIOTN ISkatnk.Owlet SIN sederted SWEE T PRINTS 11Sa rile, pati/mlta. 0,14 I !t seeerfed V.I.P. PRINTS & PANEI S IlSank Ow let 1.31.11.11 Selected DRAPERY PRINTS 13kistide, IN%alto. 0'1411 N.1131. serertei NOOK & OOP TAPE kWh I Nat. 3/4'rile. Owlet 111 a I' rile Oa let I SI. seeerdedPOIYESTER THREAD ISNeelrels.0irht4MRgal RIlf'SNOW ITWONRS:h IIelaeh, omit d.h.Wetrthmiaeelfeeric4N'eI,i,tuPrick get Iliotl2FREI! Sal eaelkd0d2d-1,.l1.1996,otie aerdatdiaonly.b*pedal Orden. Noel item *rtil*bleineost dixottmblortte rill ale bp. PMta bblfibra'repbrMfa'rdersbfitidol'*regMrckie-sortMia. Festival Marketplace Stratford Entire In -Store Stock! burda PATTERNS 1 /2 M.S.R. Price Offer valid Oct 28 -Nov 1296 Not valid with any other discount offers 1