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HomeMy WebLinkAboutTimes-Advocate, 1986-02-05, Page 1OM. di SS•S dppsa/ ear Usbora. bylaw Usborne land owner Bryan Tuckey may have won a battle but logit the war In As appeal against the Township of Usborne cotnprebensive bylaw 13-1984. Giving his decision this week, On- tario Municipal Board vice-chairman .M. Brooks dismissed the appeal, saying that Turkeys 'appeal "is premature". ' However, he did note that Tuckey's criticism over inclusion of the minimum distance separation for- mulae from the Agricultural Code of Practice in the bylaw had some basis as it could create certain problems with the Usborne secondary plan. "The problem, in interpreting these policies, is that the minimum distance separation formulae are in the bylaw. and are therefore subject' to amend- ment, like any other zoning provi- sion," Brooke wrote. "It would seem that, to avoid mansion, the official plan references to the minimum distance separation formulae of the Agricultural Code of Practices should be deleted or revised." Tuckey, who is director of planning for the Township of Westminster, registered his appeal in respect to a 30 acre parcel of land he owns in lots 26 and 27, concession 3. Using the separation distances, Tuckey would be restricted in where he could erect a dwelling on the parcel of land due to the fact a large hog barn is located on an adjacent farm only 135 feet from Tuckey's land. Con - wady, Brooks explained, the loca- tion of the house on the adjoining would restrict Tuckey's to aIle his land for livestock, poultry or far -bearing animals, although it is noted that Tuckey apparently has no present intention of engaging in that kind of fanning. Tuckey requested that the OMB amend the bylaw to give him status ,honing, in effect to exempt his land from the operation of the minimum distance separation formulae as far as the construction of a house on his land is concerned, and to exempt the laid of his neighbour to the east as far as the exp ss$0n of the existing livestock operation is concerned. The Board Is of the opinion that mast significant consideration is that Mr. Tuckey has not decided whether be wants to build a house, or when or where be wants to build it. His plans in this regard are for the future, when, as he says, he intend$ to 'give up 1 .' Mr. Tuckey is a young man – his plans may very well change before the time comes to give effect to them. That being so, it is premature to enact the complete ekemptions from the minimum distance formulae as set • • ewe -malts out in section 25 of the bylaw as sought by Mr. Tuckey. "A further consideration is the very fact that the minimum distance separation formulae have been incor- porated in the bylaw, as the Agricultural Code of Practices sug- gests should be done. It was agreed by Mr. (Dan) Murphy, counsel for the Township, that when Mr. Tuckey's plans mature he may apply to the committee of adjustment for a variance from the provisions of sec- tion 25, if required, or for an amend- ment to the bylaw to relieve him from the full effect of the restrictions." dvoc Serving Huron, North Middlesex OWL SEEKS REFUGE — A horned owl was found in an entranceway to the AK Service Centre Saturday morning. Shown with the frighten- ed bird is Leanne Vdndeworp. T -A photo Many questions on Iibrary lanp now be changed. "They should have a voice before that is changed," he argued. Exeter council have turned down a motion calling for the town to oppose any motion to change the Huron County library system from a board to a commmittee of county council. However, the two Local represen- tatives will want the answers to several questions before endprsing any such more wheekit.toniesfultott.: the agenda of this Thursday's county council session. Reeve Bill Mickle said he was not in favor of changing the present system as proposed by the county ex- ecutive committee, noting that he had many concerns. He said he had not been given a satisfactory answer as to whether the change could jeopardize provincial funding for Huron libraries if they were to operate outside the current provincial act. "1 can't find any rationale or reasoning for the move," he told Ex- eter council, Monday. Mickle said the system operates Very well at the present and the coun- ty council has control in that it sets the budget and has four of the seven members of the board. Deputy -Reeve Lossy Fuller also ex- pressed her concern, saying the fun- ding question in particular was troublesome. Mickle presented a motion that the Exeter representatives argue against the change, but this was defeated with only Ben Hoogenboom voting in support. Finally approved was a motion that Exeter reserve iudeernent until the rationale is outlined to tneir satisfaction. Mickle, concerned that the motion could jeopardize Exeter's stance, noted that the municipalities which voted to go into the county system under the provincial act should be given some say in whether that should Won't tackle =the red tape Exeter wdn't be applying for an On- tario Neighborhood Improvement Program (ONIP) grant this year. In 1985, council applied for a project estimated at $500,000 that included sewers for the area west of the CNR tracks and some improvements to roads and sidewalks in the area of the rec centre and public school. It had been intended to reapply this year and members of council thought it would be a simple matter of submit- ting last year's documentation along with any updated material required. However, Deputy -Reeve Lossy Fuller said the application form was entirely new this year and a vast amount of research was required to provide the information required by the government. Mayor Bruce Shaw said he would like to know how "the donkeys" come up with such elaborate questionaires, saying that it would be a full year's job for someone to compile all the in- formation requested. Reeve Bill Mickle said it was an, apparent attempt at creating excuses for not providing municipalities with funding under the program. "We can't afford to apply", com- mented CouncillorBen Hoogenboom in noting 'the work involved in pro- viding the information. Shaw said he didn't think it would be worth the effort, adding that by the time the application was completed, the government would probably change the rules. MIN EXETER, ONTARIO, February 5, 1986 & North Lambton Since 1873- WEv:.i:ti.:n::::•:.C:.-:::.;: �. ''...;•�?i73.�i:?i" :^rixo � a;.'i': <`. '�.- �''�fii'i: One Hundred andiFourteen$h Year Price Per Copy 60 cents • Exeter will try once again Telling the ministry of, municipal affairs that it "does not grasp the seriousness of the situation" Exeter council this week endorsed sending another letter to the ministry re- questing that the Township of Hay be placed under a holding bylaw. Effect of such a bylaw would be to prevent any development taking place on Exeter's boundaries until such time as a comprehensive zoning bylaw is approved for Hay. The letter to the ministry was sug- gested by planner Jean Monteith, who represented the town at its successful OMB appeal of a Hay amendment to allow an agri-industtial pack to be located on property owned by Huron Farms. An earlier attempt at getting the ministry to place the township under a holding bylaw failed. The letter notes that at present there is no zoning to regulate the use of land within the township,and the town became quite aware, durng the process of the OMB hearing last'year, that "the town would not only be look- ing at an agri-industrial park occur- ring adjacent to its municipatboun- daries, it could be looking a ing centres or for that matter rise apartAinent4uil �. any form, Exeter contends a byilding permit could be issued "for any use that any land developer, speculator tir farmer should request." It• was further noted that county planning director'Dr. Gary Davidson made Exeter aware that, as there was no zoning bylaw, had the lan- downer (Huron Farms) wished to erect one large industrial building on the site and subdivide it internally in- to a variety of different industrial uses, there would have been nothing that the town could have done to pre- vent the erection or establishment of such a use. "This passibility is of concern to the town, and we would appreciate the ministry's giving attention once again to the town's request for a holding bylaw for Hay Township," the letter signed by Mayor Bruce Shaw explained. Approval of the letter was recom- mended by the executive committee and it will be sent to L.J. Fincham, director of the plans adminstration branch. Council also endorsed a letter from Mayor Shaw to county planning direc- tor Dr. Gary Davidson regarding the new study being undertaken regar- ding the documentation of need for the agri-industrial park as directed by the OMB. Davidson explained that he hoped to have all parties involved attend a meeting to finalize the terms of reference for the study. "In this way the opportunity to resolve the nature of the proposed development without the necessity of another OMB hearing is possible," Davidson added. "This is the goal of the department (planning) and I would expect all the parties involved." In his response, Shaw noted that Exeter had requested that the coun- ty pay for Exeter's costs in securing a planning consultant to monitor the process of the study and to protect the town's interests. "In my view, Huron County coun- cil must finalize our request before Exeter council can consider its response to your letter," he concluded. - Reeve Bill Mickle said it was necessary to go one step at a time. "Leo's get the first step cleared before moving on to the next," he said. There was also notification at Mon- day's session that a meeting would be held between town officials and those from the county regarding Exeter's Please turn to page 3 CLOWNS BUILD BLOCKS - - Sunshine Kids Nursery School teacher Ruth Mercer is shown with students Jason Genier Crystal Marshall , Sarah Wuerth and Brandy Hern during Clown Day, Wednesday. WIN SANK ACCOUNTS — Mona Brand and Jeff Kerr were winners of $50 accounts from th'e Bank of Nova Scotia as members of the South Huron Big Brothers and Big Sisters Association were guests at the Exeter Mohawks game against Harriston. Above, Connie Illman makes the presentation to Mona and Jeff. Also shown are Dorothy Chapman of Big Brothers and Mohawks president Gabby MoI.T-A photo Exeter water rates up by four percent PUC manager Hugh Davis presented commissioners with two options when the 1986 waterworks budget was reviewed during the com- mission's regular January meeting - don't change the rates, and budget for a $9,487 deficit, or increase 1986 rates by four percent and reduce the deficit to an estimated $46.80. The commission acted on Davis' advice, and voted for the increase, which will be on the agenda of the next Exeter council meeting, and if approved would become effective February 28. Council endorsed the water charge increase this week, but gave ratepayers a break in directing that the sewage surcharge remain constant. The surcharge is based on the water rates and council directed that the actual dollar amount paid by water consurners remain unchanged. "It shouldn't go up, not even far- tionally," Reeve Bill Mickle suc- cessfully argued. "It shouldn't go up, not even frac- tionally," Reeve Bill Mickle suc- cessfully argued. In arguing his case, Davis explain- ed that the increase will offset an estimated decrease in commercial revenue from $311,203.70 in 1985 to $309,444 this year, and a one-time ex- penditure of approximately $10,000 for work on the Moody well. Davis said the PUC's biggest customer is Canadian Canners, who account for 50 percent of water revenue at the Exeter utility. As the canning company finds ways to con- serve water, PUC revenue is affected. Even with a four percent increase in rates last year, water revenue was over $3,000 less than budgeted. The 1986 revenue is expected to be up less than $1,000 from 1984's $308,886.40. Davis said he was climbing out on a limb, but he predicted no additional increase in 1987. All PUC employees will receive three percent pay increases, but no additional fringe benefits. A resolution was passed requiring all new residential tenants who were not previously Exeter PUC customers to have accounts in one name only (to be the same name as on the lease), and to provide a driver's licence age of majority card, birth certiftica%or valid credit card as visual identifica- tion within seven days of receiving service. Davis reported that the cost to heat and cool the entire lower part of the PUC building with the exception of the warehouse was $994 in 1985. A tender for $2,041 was accepted from Rowe Electric to rewire the upstairs apartment. The tender was the lower of two submitted. Davis said every transformer in the Exeter system has been checked over the past few months, and any lightn- ing arrestors, ground wires or hard - to -read numbers that needed to be replaced have been. PUC foreman Bob Pooley was presented with award certificates for the utility's fine safety record. In the period from 1970 to 1984 there were no compensatible injuries in the hydro department. The waterworks award covered the 4,492 man-hours without compensatible injury in 1984. Commissioners attending the On- tario Municipal Electrical Associa- tion convention in March will be spor- ting distinctive dark green jackets with the Exeter crest that they pur- chased recently. Commission chair- man Murray Greene said there was no connection between the chosen col- our and the chairman's name, but "all the good colours had already been taken by other commissions." PACKING LUNCHES — Ann Lorento and Elaine Pinder place half chickens in containers for Friday's chicken dinner fund raising pro- tect sponsored by the Exeter Lioness club. T -A photo They have the proof! While several area residents report feeling the tremor from Friday's ear- thquake, Mr. and Mrs. Harvey Adams, 494 Carling St., have what they think is proof that their home was shaken by the unusual event. Although both were in the basement and didn't notice anything at the time the quake registered, they found some proof on the living room floor some time later. A collector's plate that had been in a wire holder on the wall was found broken on the floor and the earth- quake is the only plausible reason they can think of for the situation. The quake rumbled up from an epicentre beneath the American shore of Lake Erie at 11:46:50 a.m., Friday. It measured 5.5 on the Richter scale, the most powerful quake ever recorded in this area.