SOUTHWEST NEW BRUNSWICK SERVICE COMMISSION Planning Review and Adjustment Committee

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SOUTHWEST NEW BRUNSWICK SERVICE COMMISSION Planning Review and Adjustment Committee Meeting No. 13-05 May 14 th, 2013 6:00 pm Members Present: Susan Farquarson Vern Faulkner Sam Walsh Brian Cornish Nick Cleghorn Wayne MacQuarrie Janet Hunt Members Absent: Bill Campbell Also Present: Frank Tenhave, Executive Director Dan Harrington, Planning Director Don Leachman, Development Officer Judy Hartford, Development Officer WELCOME & INTRODUCTIONS The meeting commenced at 6:00 pm with Frank Tenhave, Executive Director welcoming the members and attendees to the PRAC meeting. Frank gave a brief overview of SNBSC and the PRAC. ELECTION OF CHAIR & VICE-CHAIR Nominations were held for the Chair and two names were nominated, Susan Farquarson & Vern Faulkner. A vote was taken; Susan Farquarson was elected as the Chair. Nominations were held for the Vice-Chair and one name was nominated. Vern Faulkner was elected as the Vice-Chair. Susan Farquarson then presided over the meeting. DECLARATION OF CONFLICT OF INTEREST Dan Harrington, Planning Director declared a conflict of interest for item 13-05-02 as he is a notified neighbour of the proposed development. SUBDIVISION SUBMISSIONS ITEM 13-05-01: Claire & Jamie CARPENTER Subdivision Parish of St. Andrews, Charlotte County PID #01232412 Required Consideration of the creation of five lots on a 20-metre wide private right-of-way. 1

As the lots are suitable for the purpose intended, the proposed subdivision has received favourable comments for septic and sight distance for the access, Staff recommends that the PRAC of Southwest New Brunswick Service Commission approve lots 2012-1 through 2012-5 on a 20-metre wide private right-of-way subject to: a) the final plan of subdivision being stamped with the Private Right-of-Way note; b) the 75-metre buffer from Chamcook Lake being shown on the final plan; and c) the right-of-way being shown as part of the remnant property. It was moved by Nick Cleghorn and seconded by Brian Cornish that the PRAC of Southwest New Brunswick Service Commission approve the private right-of-way as being suitable for the development of land subject to the final plan of subdivision being stamped with the Private Right-of-Way note; the 75-metre buffer from Chamcook Lake being shown on the final plan; and the right-of-way being shown as part of the remnant property. Legal Authority for ITEM 13-05-02: Eugene & Minnie WORMELL Subdivision Parish of Dufferin, Charlotte County PID#s 15153067 &01206515 Required Consideration of the creation of lot 2012-1 on a 20-metre wide private right-of-way. A right-of-way agreement to cross the remnant to access the proposed lot should be included with the deed to be registered. As the lot is suitable for the purpose intended, as the access exists, and as the lot has been approved for a septic system, Staff recommends that the PRAC of Southwest New Brunswick Service Commission approve the lot on a 20-metre wide private right-of-way subject to: a) the final plan of subdivision being stamped with the Private Right-of-Way note; and 2

b) the right-of-way being shown as part of the remnant property. It was moved by Brian Cornish and seconded by Nick Cleghorn that the PRAC of Southwest New Brunswick Service Commission approves the private right-of-way as being suitable for the development of land subject to the final plan of subdivision being stamped with the Private Right-of-Way note; and the right-of-way being shown as part of the remnant property. Legal Authority for ITEM 13-05-03 Lesley MCFARLANE Subdivision Parish of St. George, Charlotte County PID #15059066 Required Consideration of the creation of two lots on a 20-metre wide private right-of-way. As the proposed subdivision is suitable for the purpose intended, as the access exists and have existing septic systems, Staff recommends that the PRAC of Southwest New Brunswick Service Commission approve the lots on a 20-metre wide private right-of-way subject to: a) the final plan of subdivision being stamped with the Private Right-of-Way note; and b) right-of-way agreements to cross PID # 01237809 to access lots 2013-1 & 2013-2 being provided with the final plan of subdivision. It was moved by Janet Hunt and seconded by Nick Cleghorn that the PRAC of Southwest New Brunswick Service Commission approves the existing private right-of-way as being suitable for the development of land subject to the final plan of subdivision being stamped with the Private Right-of-Way note; and right-of-way agreements to cross PID #01237809 to access lots 2013-1 & 2013-2 being provided with the final plan of subdivision. 3

Legal Authority for ITEM 13-05-04 Estate of Mary T. MAIS Subdivision Parish of St. Andrews, Charlotte County PID #15053143 Required Consideration of the creation of two lots on a 20-metre wide private right-of-way. As the lots are suitable for the purpose intended and as the proposed subdivision has received favourable comments for sight distance for the access, Staff recommends that the PRAC of Southwest New Brunswick Service Commission approve lots 13-01 & 13-02 on a 20-metre wide private right-of-way subject to: a) the final plan of subdivision being stamped with the Private Right-of-Way note; b) right-of-way agreement to cross lot 13-2 being presented with the final plan of subdivision; and c) the 30-metre buffer from St. Croix River being shown on, and the following statement being added to, the final plan: This area is subject to Regulation 90-80 Watercourse and Wetland Alteration Regulation Clean Water Act. It was moved by Vern Faulkner and seconded by Brian Cornish that the PRAC of Southwest New Brunswick Service Commission approves the private right-of-way as being suitable for the development of land subject to the final plan of subdivision being stamped with the Private Right-of-Way note; right-of-way agreement to cross lot 13-02 being presented with the final plan of subdivision; and the 30-metre buffer from St. Croix River being shown on, and the following statement being added to, the final plan: This area is subject to Regulation 90-80 Watercourse and Wetland Alteration Regulation Clean Water Act. Legal Authority for 4

ITEM 13-05-05 Brian & Sheila KERR Subdivision Re-application Parish of St. Croix, Charlotte County PID #01234830 Required Consideration of the creation of lots 1 through 5 on a 20-metre wide private right-of-way. As the lots are suitable for the purpose intended, and as the subdivision has received favourable comments from the appropriate departments, Staff recommends that the PRAC of Southwest New Brunswick Service Commission approve lots 1 through 5 on a 20-metre private right-of-way subject to: a) the 20-metre wide private right-of-way being shown as part of the remnant property; b) the final plan of subdivision being stamped with the Private Right-of-Way note; and c) the 30-metre buffer from the St. Croix River being shown on, and the following statement being added to, the final plan: This area is subject to Regulation 90-80 Watercourse and Wetland Alteration Regulation Clean Water Act. It was moved by Brian Cornish and seconded by Nick Cleghorn that the PRAC of Southwest New Brunswick Service Commission approves the private right-of-way as being suitable for the development of land subject to the 20-metre wide private right-of-way being shown as part of the remnant property; the final plan of subdivision being stamped with the Private Right-of- Way note; and the 30-metre buffer from St. Croix River being shown on, and the following statement being added to, the final plan: This area is subject to Regulation 90-80 Watercourse and Wetland Alteration Regulation Clean Water Act. Legal Authority for CRINS MEMBERSHIP The planning director gave an overview of the CRINS (Canadian Radiocommunications Information and Notification Service) membership request. He explained that the predecessor on the planning side of the SNBSC was the Rural Planning District Commission and they had 5

been members. Now that the group has separated into three different units each Commission (RSC 9, RSC 10 & RSC 11) had to re-establish their membership should they wish to avail themselves of the CRINS service. The other RSC s have just re-confirmed their memberships. Dan also relayed a conversation he had with the City of Fredericton s planning group which suggested that they found the service very helpful. The group discussed the pros and cons of membership and the relative impact that any land use authority would have over what is largely a federal government process led by Industry Canada and the CRTC. It was moved by Vern Faulkner and seconded by Brian Cornish that the PRAC of Southwest New Brunswick Service Commission recommends to the board that the SNBSC become members of CRINS and appoint an advisor. PRAC BY-LAW REVIEW The PRAC by-laws will be reviewed at the next regularly scheduled meeting to address process issues raised by the committee. Chair, Susan Farquharson outlined the process for changing the PRAC by-laws and how this may be necessary as time goes on in order to allow the committee to operate effectively. She encouraged all PRAC members to review the current by-laws and to be prepared to provide recommendations at the June meeting. ADJOURNMENT OF MEETING It was moved by Vern Faulkner that the meeting be adjourned at 7pm. Susan Farquharson Chairperson Judy Hartford Recording Secretary The next regularly scheduled meeting for the PRAC of the Southwest New Brunswick Service Commission will take place on June 11, 2013, at the Hemlock Knoll Office Building, Lawrence Station. 6