The Corporation of the Town of Grimsby Meeting Present: K. Antonides, Chairperson K. Hipkin R. Bennett H. Nobes P. Settimi Staff: J.R. Schonewille, Secretary/Treasurer A. Call to Order The meeting was called to order at 7:00 p.m., Tuesday in the Council Chambers. B. Disclosure of Interest The chairperson outlined the procedures of the Committee for all in attendance and asked if any members had a pecuniary interest. No pecuniary interests being declared. C. Minutes i) Minutes of meeting August 21, 2012. CA -12-40 Moved by K. Hipkin; Seconded by R. Bennett; Resolved that the Minutes of the meeting of August 21, 2012 be approved as circulated. D. Minor Variance i) A-21/12 Don McLean Lot 296 Corporation Plan No. 4 # 42 Ontario Street
Page 2 of 10 The Committee then considered Submission A-21/12 by Don McLean, to allow for the establishing of a group home within 343 metres of another established group home in a Transitional Residential TRM Zone at # 42 Ontario Street, Grimsby. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80. Matthew Tersigni and Rebecca Tersigni Objects to approval. Dr. Maxine McLean, authorized agent for the owner, appeared before the Committee to support the application, and stated that the proposed group home is for six to eight developmentally disabled adults to be operated by D & D Health of Hamilton. They have owned the 3500 square foot 6 bedroom home for seven years, and wish to convert it to a group home with staffing to meet the residents needs. Mrs. Jenny Evans of John Street, questioned staffing and the potential needs for additional staffing and the potential impact on the neighbourhood. Mr. Dan Moore of John Street, questioned the current use of the building and how parking of staff would be accommodated. He indicated his opposition to the group home on the property. Mrs. Faith Clarke of Ontario Street, questioned why the Zoning By-law is being amended for this application. The rules should be adhered to. Mr. Karl Gonnsen, a professional planner and engineer representing the owners of 49 Ontario Street, of which his wife is a major shareholder. This application has a lot of unanswered questions, which even the planning department was not aware of. The owners have experienced damage to their property, which they believe is the result of group home residents in the area.
Page 3 of 10 In order for the application to be approved, the four tests must be met, and in his opinion the tests are not being met. The proposal is not desirable as a group home, will impact parking and is not suitable for a group home. The intent of Zoning By-law is not being met as the transitional classification needs to be removed prior to allowing other uses. In addition, the Official Plan urges uses that are compatible with existing neighbourhoods. The applicant should be required to submit an independent planning justification report, which could address such things as parking, access, design and other impacts. Mrs. Postill of Ontario Street, questioned what would restrict the change from one type of home to another, that may not be permitted as identified in the planning report. Mrs. Pat Lee of John Street, stated that area has been subject to vandalism, and may subject to more depending on the type of residents. She also questioned how medication would be dispensed. Alderman Joanne Johnson, questioned how many residents would be permitted versus support staff at any one time. Mrs. June Poole of John Street, advised that there are no sidewalks on the South side of John Street, and traffic generated may impact safety. Mr. Gerb Jongerden on Ontario Street, requested an adjournment, as there are many questions such as staffing, parking, security and the number of potential residents. Dr. Mc Lean, responded that the Ministry of Long Term Care regulates group homes, and they would meet all of the needed requirements to operate the home for six to eight residents. CA -12-41 Moved by H. Nobes; Seconded by P. Settimi; Resolved that Submission A-21/12 by Don McLean, to allow for the establishing of a group home within 343 metres of another established group
Page 4 of 10 home in a Transitional Residential TRM Zone at # 42 Ontario Street, Grimsby be approved with conditions for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. Subject to the following conditions: a. Limited to type (b) and (e) under Section 3.4.1.11 of Official Plan, subject to the satisfaction of the Director of Planning. ii) A-18/12 Dimtsis Dentistry Professional Corporation Lot 38 Registered Plan No. 513 146 Main Street East The Committee then considered Submission A-18/12 by Dimtsis Dentistry Professional Corporation, to allow for the construction of a Dental Office with a front yard setback of 6.9 metres, and a setback of 4.9 metres for an unenclosed porch in a Secondary Commercial C7 zone at # 146 Main Street East, Grimsby. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80. Mr. Nick DeFilippis, authorized agent for the owner, appeared before the Committee to support the application, and stated the proposal has been subject to site plan approval and blends into the streetscape.
Page 5 of 10 CA -12-42 Moved by P. Settimi; Seconded by H. Nobes; Resolved that Submission A-18/12 by Dimtsis Dentistry Professional Corporation, to allow for the construction of a dental office with a front yard setback of 6.9 metres, and a setback of 4.9 metres for an unenclosed porch in a Secondary Commercial C7 Zone at # 146 Main Street East, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. iii) A-17/12 Matthew Dellavalle Lots 5 & 6 Registered Plan No. 143 30 Lakeside Drive, The Committee then considered Submission A-17/12 by Matthew Dellavalle, to allow for the construction of a second storey addition over an existing one storey garage, with a side yard setback of 1.3 metres in a residential R2 Zone at # 30 Lakeside Drive, Grimsby. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80. Niagara Peninsula Conservation Authority No objection. Mr. Matthew Dellavalle, appeared before the Committee to support the application and stated the building permit application was submitted and this
Page 6 of 10 setback was discovered. The propose to have storage over the garage, which counts as a storey for setback purposes. CA -12-44 Moved by K. Hipkin; Seconded by R. Bennett; Resolved that Submission A-17/12 by Matthew Dellavalle, to allow for the construction of a second storey addition over an existing one storey garage with a side yard setback of 1.3 metres in a Residential R2 Zone at # 30 Lakeside Drive, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. iv) A-19/12 Dina Azem & Jody Simmons Part Lot 19 Concession 3 525 Ridge Road West, The Committee then considered Submission A-19/12 by Dina Azem and Jody Simmons, to allow for the construction of an addition with an unenclosed screen porch, with a rear yard setback of 5.6 metres, and setback of 1.1 metres from an accessory building (garage) in a Residential R2 Zone at # 525 Ridge Road West, Grimsby. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80.
Page 7 of 10 Ms. Dina Azem, owner, appeared before the Committee to support the application, and stated that they are proposing an addition to the house, along with a screen porch, which will encroach into the required rear yard setback. It will also be slightly closer to the garage, which will be demolished in the next couple of years. CA -12-45 Moved by P. Settimi; Seconded by H. Nobes; Resolved that Submission A-19/12 by Dina Azem and Jody Simmons, to allow for the construction of an addition with an unenclosed screen porch, with a rear yard setback of 5.6 metres, and setback of 1.1 metres from an accessory building (garage) in a Residential R2 Zone at # 525 Ridge Road West, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. v) A-20/12 George Rintjema Part Lot 8 Concession 5 28 Kemp Road East The Committee then considered Submission A-20/12 by George Rintjema, to allow for the construction of a 20 square metre accessory building with a side yard setback of 1.5 metres in a Rural RU Zone at # 28 Kemp Road East, Grimsby. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80.
Page 8 of 10 Mr. George Rintjema, owner, appeared before the Committee to support the application, and stated the pool shed will provide a wind block, and the roof overhang will provided needed shade for the pool users. Mr. Guntis Lojas, of Mountain Road questioned whether, if approved, would this impact his property for future development. He has no objection as it will improve the property. CA -12-46 Moved by R. Bennett; Seconded by K. Hipkin; Resolved that Submission A-20/12 by George Rintjema, to allow for the construction of a 20 square metre accessory building with a side yard setback of 1.5 metres in a Rural RU Zone at # 28 Kemp Road East, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. E. Land Consent i) B-08/12 R. Sobolewski, C. Sobolewski and A. Sobolewski Lot 1 Plan 30M-215 18 Lynnwood Avenue The Committee then considered Submission B-08/12 by R. Sobolewski, C. Sobolewski, and A. Sobolewski, for consent to partial release and discharge
Page 9 of 10 of mortgage, and to convey 582 square metres of land shown as Part 1 for proposed residential development. Part 2 being 1322 square metres of land is to be retained for continued residential use. Greg Topuzoglu Objects to approval. Mr. Russ Sobolewski, owner, appeared before the Committee to support the application, and stated that due to the size of the property, they wish to sever a portion, which will merge with a small block and become a new lot for residential development. CA -12-43 Moved by K. Hipkin; Seconded by R. Bennett; Resolved that Submission B-08/12 by R. Sobolewski, C. Sobolewski and A. Sobolewski, for consent to partial release and discharge of mortgage, and consent to convey be granted, or as per the Notice of Decision. ii) B-09/12 M. Walker & K. Mucyk Part of Lot 21 Concession 3 95 Cline Mountain Road The Committee then considered Submission B-09/12 by Michael Walker and Kimberley Mucyk for consent to convey 5 acres of land (Part 2), which is to be deeded to the Bruce Trail Conservancy and used with the conservation lands to the south. Part 1 (14.95 acres) being # 95 Cline Mountain Road is to be retained for continued residential use.
Page 10 of 10 Region of Niagara No objection Niagara Peninsula Conservation Authority No objection. Antoin Diamond, of the Bruce Trail Conservancy, authorized agents for the owners, appeared before the Committee to support the application, and stated the subject parcel is to be gifted for conservancy use. CA -12-47 Moved by P. Settimi; Seconded by H. Nobes; Resolved that Submission B-09/12 by M. Walker & K. Mucyk, for consent to convey be granted as per the Notice of Decision. F. Adjournment K. Antonides J. R. Schonewille Chairperson Secretary