Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: July 13, 2017 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE:

7:00 PM, Thursday, July 13, 2017 Council Chambers.

Call to Order

a)

Resolution

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes

a)

Minutes of May 11, 2017

3 - 31

b)

Minutes of June 8, 2017

32 - 53

New Consent Applications:

a)

S-33-17-L - Elva Clough - Concession 9, Part Lot 19, Perth Road, District of Loughborough - Consent to create a right-of-way

54 - 56

b)

S-34-17-L - George Hamilton - Concession 13, Part Lot 24/25, Twisty Lane, District of Loughborough - Consent to create a new lot

57 - 96

c)

S-36-17-S - 1324789 Ontario Inc. - Concession 3/4, Part Lot 23/24, Round Lake Road, District of Storrington - Consent to create a new lot

97 - 99

New Minor Variance Applications:

a)

MV-27-17-S - Tim Prue - Concession 8, Part Lot 20, 3922 Hideaway Lane, District of Storrington - Variance to permit construction within the 30m setback from water

100 105

b)

MV-28-17-S - Paul and Gina Bearne - Concession 9, Part Lot 22, 4212 Carrying Place Road, District of Storrington - Variance to permit construction within the 30m setback from water

106 111

c)

MV-29-17-L - Christina Sinclair - Concession 5, Part Lot 2, 3080 Rutledge Road, District of Loughborough - Variance to reduce side yard setback

112 114

d)

MV-30-17-S - Donna and Francois Savard - Concession 8, Part Lot 10, Hideaway Lane, District of Storrington - Variance to permit construction within the 30m setback from water, variance to permit an increase in lot coverage

115 126

e)

MV-31-17-L - Jason Martin - Concession 6, Part Lot 21, Wild Flower Lane, District of Loughborough - Variance to permit construction within the 30m setback from water, variance to reduce setback from

127 129

Page 1 of 149

a private lane f)

MV-32-17-L - Jeff Bennett and Margaret Eberle - Concession 5, Part Lot 6, 1040 Slumber Lane, District of Loughborough - Variance to permit construction within the 30m setback from water

Other Business

Adjournment

a)

Resolution

130 149

Page 2 of 149

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT MINUTES 17:04 May 11, 2017 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) David Hahn (Bedford District) Alan Revill (Bedford District-C) Larry Redden (Portland District) John McDougall (Portland District-C) Ross Sutherland (Loughborough District-C)

ABSENT WITH REGRETS:

John Sherbino (Loughborough District)

STAFF:

Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer

Table of Contents Item # 1: Call to Order ……………………………………………………………………………………….. 1 Item # 2: Adoption of the Agenda ………………………………………………………………………… 1 Item # 3: Declaration of Pecuniary Interest …………………………………………………………… 2 Item # 4: Approval of Minutes……………………………………………………………………………… 2 Item # 5: MV-28-16-B (Bechard) …………………………………………………………………………. 2 Item # 6: MV-08-17-B (Cove) ……………………………………………………………………………… 3 Item # 7: MV-14-17-B (Muzik) …………………………………………………………………………….. 4 Item # 8: S-08-17-L (Koen)…………………………………………………………………………………. 5 Item # 9: S-09-17-S (Desrochers) ……………………………………………………………………….. 6 Item # 10: S-11-17-S (Desrochers) ……………………………………………………………………… 7 Item # 11: S-10-17-S (Richards) …………………………………………………………………………. 9 Item # 12: S-12-17-S (Cliff) ………………………………………………………………………………. 10 Item # 13: S-13-17-S (Cliff) ………………………………………………………………………………. 11 Item # 14: S-14-17-L (Quintal)…………………………………………………………………………… 12 Item # 15: S-15-17-L (Koen)……………………………………………………………………………… 14 Item # 16: S-16-17-L (Veryzer) ………………………………………………………………………….. 16 Item # 17: S-17-17-S, S-18-17-S (K. Mulrooney Trucking)…………………………………….. 17 Item # 18: S-19-17-S, S-20-17-S, S-21-17-S (1324782 Ontario Inc.) ………………………. 19 Item # 19: MV-16-17-L (Vanden Heuval) ……………………………………………………………. 22 Item # 20: MV-17-17-L (Silva) …………………………………………………………………………… 23 Item # 21: MV-18-17-S (Brown) ………………………………………………………………………… 23 Item # 22: MV-19-17-B (Ryckman) …………………………………………………………………….. 24 Item # 23: MV-20-17-B (McNichols) …………………………………………………………………… 25 Item # 24: MV-21-17-S (Harvey) ……………………………………………………………………….. 26 Item # 25: MV-22-17-B (Brice) ………………………………………………………………………….. 27 Item # 26: MV-23-17-B (Kimmett) ……………………………………………………………………… 27 Item # 27: MV-24-17-S (Anglin)…………………………………………………………………………. 28 Item #28 : Adjournment ……………………………………………………………………………………. 29 Item # 1: Call to Order RESOLUTION:

C of A: 17:04:01

Moved by: J. McDougall

Seconded by: L. Redden

THAT the May 11, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:0 p.m. with Alan Revill in the Chair. Carried Item # 2: Adoption of the Agenda Approved as circulated Page 3 of 149

2 Item # 3: Declaration of Pecuniary Interest None declared Item # 4: Approval of Minutes RESOLUTION:

C of A: 17:04:02

Moved By: L. Redden

Seconded By: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the April 13, 2017 meeting of the Committee, as circulated. Carried Item # 5: MV-28-16-B (Bechard) Speaking to the Application: Mike Preston (agent) Discussion: This application was brought to the Committee in December, 2016 but was deferred due to a lack of comments from KFL&A Public Health. This application was originally submitted in July 2016 but was deferred from coming to the Committee at the request of the applicant due to an early unfavourable report from the Cataraqui Region Conservation Authority. After reworking the original submission the applicant was able to satisfy the concerns of the CRCA, who now have no objections to the proposal. The subject land consists of a 24.7 +/- hectares (61 acres) with frontage on Desert Lake. The lot is currently vacant. The proposal is for the construction of a new 3,255 square foot footprint two (2) storey dwelling, to be located a minimum of 82.5 feet (25m) on the northern side and a minimum of 30m on the southern side, from the high water mark of Desert Lake. The proposed location is on a peninsula and on the side which is encroaching into the HWM setback the structure will be up against a large rock ridge that will aid in reducing potential environmental impact. The applicant is also planning on constructing a 300 square foot maximum footprint sleeping cabin, but this will be located entirely outside the 30m setback from the HWM. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Comments from public health have yet to be received, though the applicant has indicated they are planning on installing a new septic system at a minimum distance of 15m from the high water mark of Desert Lake as required by the building code. UPDATE: Comments from Public Health have now been received and they have no objections as the applicant has submitted and received approval to install a new septic system. RESOLUTION:

C of A: 17:04:03

Moved by: D. Hahn

Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-05-17-B by Robert Bechard and Jamie Maclean, to permit construction within the 30m setback from water, in Concession 3, Part Lot 2, Sleapview Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-28-16-B Robert Bechard & Jamie Maclean Concession 3, Part Lot 2, Sleapview Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from HWM Date of Hearing: December 8, 2016 Date of Decision: May 11, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS Page 4 of 149

3

  1. This minor variance is for the construction of a new 3,255 square foot footprint two (2) storey dwelling, to be located a minimum of 82.5 feet (25m) from the high water mark of Desert Lake.
  2. Minor variance MV-28-16-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. This agreement is also to include added conditions including survey locating the foundation and specifying the required no cut zone along the waterfront. Item # 6: MV-08-17-B (Cove) Speaking to the Application: None Speaking Discussion: This item was originally brought to the Committee in March, 2017 but was deferred pending receipt of a report from KFL&A public health. This item was returned to the Committee in April, 2017 but there were continuing questions regarding the size, shape and depth of the proposed parking area, along with questions over exact building placement. These concerns have been address by the applicant via email (see attached) The subject land consists of a 0.38 +/- acres with frontage on Bobs Lake. The lot is currently developed with a 100 square foot storage shed, a 10 square foot outhouse, and a 100 square foot deck with attached drawbridge style dock. The proposal is for the demolition of the existing storage shed and the construction of 25 ft. by 30 ft. (750 square foot) two story seasonal dwelling to be located a minimum of 55 feet from the high water mark (HWM) of Bob’s Lake. Also proposed is the construction of an 8 ft. by 16 ft. (128 square foot) storage shed to be located a minimum of 120 feet from the HWM and the construction of a gravelled 30 foot by 50 foot parking area to be located along the eastern edge of the property. The proposed location for the septic system is a minimum of 90 feet from the HWM. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. RESOLUTION: Moved by: J. McDougall

C of A: 17:04:04 Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-08-07-B by Kevin and Harriet Cove, to permit construction within the 30m setback from water, in Concession 6, Part Lot 32, Island Drive Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-08-17-B Kevin and Harriet Cove Concession 6, Part Lot 32, Island Drive Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from HWM Date of Hearing: March 9, 2017 Date of Decision: May 11, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the demolition of the existing storage shed and the construction of a 750 square foot two (2) story dwelling to be located a minimum of 55 feet from the high water mark of Bob’s Lake. Page 5 of 149

4

  1. Minor variance MV-08-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  2. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  3. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 7: MV-14-17-B (Muzik) Speaking to the Application: Sally Muzik, Joe Bowes (agent), Dave Brown (Taskforce Engineering) Discussion: This application was originally brought to the Committee in April, 2017 but was deferred to allow an opportunity for the applicant to confirm and stake out the proposed building location and allow an opportunity for Committee members to conduct a site visit. The applicant has confirmed the proposed setback from the HWM at 30 feet and has indicated they are willing to survey locate the new foundation if required. The subject land consists of 1.24 +/- acres with frontage on Bob’s Lake and Morton Point Lane. The lot is currently developed with a 760 square foot footprint dwelling with an attached 400 square foot deck located approximately 6 feet from the high water mark of Bobs Lake, plus a 200 square foot detached garage located 7 feet from the HWM and a 120 square foot shed located 10 feet from the HWM of Bob’s Lake. The proposal is for the demolition of all existing structures and the construction of a 960 square foot dwelling to be located a minimum of 30 feet from the HWM of Bob’s Lake. This proposed structure will be raised to accommodate a crawlspace for utilities and new foundation. A new septic system is proposed to be located on the south side of Morton Point Lane in order to minimize impact on the lake. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Rideau Valley Conservation Authority has no objection the application as submitted. They have recommended several best management practices to be incorporated into the site plan agreement, including re-establishment of the waterfront vegetative buffer in front of the new structure except for a pedestrian access path to the dock/water. KFL&A Public Health has no objections. Comments were not required from roads. The building department has no objections. There was discussion amongst committee members regarding the feasibility of placing all structures on south side of Morton Point Lane, as well as concerns over whether or not the requested 30 foot setback could be achieved. There was also discussion regarding the possibility of moving the existing lane to allow for a greater setback on the north side of Morton Point Lane. J. Bowes stated he had completed detailed measurements on the property and there was very limited space to locate everything on the south side of the lane. Possibly would have to locate parking area on north side should dwelling be pushed to south side and parking areas have greater runoff capability and environmental impact. D. Brown spoke to a number of points: Ms. Muzik was trying to produce better conditions that what currently exists regarding setbacks (30 feet vs. 6 feet) and septic construction (currently no septic system); all existing structures will be removed (shed, garage and cottage) and only the cottage will be reconstructed leading to an 11.4% reduction in overall footprint on the lot; that the proposal may not meet the magic number desired but overall the proposal is a significant improvement on current conditions. RESOLUTION: Moved by: D. Hahn

C of A: 17:04:05 Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-14-17-B by Sally Muzik, to permit construction within the 30m setback from water, in Concession 2, Part Lot 21, Morton Point Lane, District of Bedford, subject to conditions. Carried Page 6 of 149

5

Application No: Owner: Location of Property:

MV-14-17-B Sally Muzik Concession 2, Lot/Part Lot 21, 25 Morton Point Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section 10.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from HWM Date of Hearing: April 13, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a maximum 960 square foot footprint, single story, dwelling with a crawlspace underneath, no living space permitted, to be constructed a minimum of 30 feet from the high water mark of Bob’s Lake.
  2. Minor variance MV-14-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 8: S-08-17-L (Koen) Speaking to the Application: None Speaking Discussion: The subject land consists of 4.3 +/- acres with frontage on Koen Road and Loughborough Lake. The lot is currently vacant. The proposal is for the creation of a new 0.2 +/- acre lot addition, with 60 feet of frontage on Koen Road and 60 feet of water frontage, to be added to 316 Koen Road (ARN 102904003013400). The property to be enlarged is currently 0.25+/- acres in size and is developed with a seasonal dwelling. The planning department is able to support the application for the lot addition as the proposal increases the size of a significantly undersized waterfront lot. Cataraqui Region Conservation Authority has no objections to the application, but note that written permission must be obtained prior to any development taking place on the property. The building department has no objections. Comments from KFL&A Public Health and Public Works were not required. RESOLUTION:

C of A: 17:04:06

Moved by: R. Sutherland

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-08-17-L by the Estate of John Francis Koen, to create a lot addition, in Concession 6, Part Lot 25, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-08-17-L Estate of John Francis Koen Concession 6, Lot/Part Lot 25, Koen Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

Page 7 of 149

6 CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-08-17-L shall be for the creation of a 0.2 +/acre lot addition only to 316 Koen Road (ARN 102904003013400).
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 9: S-09-17-S (Desrochers) Speaking to the Application: George Desrochers Discussion: The subject land consists of 215.5 +/- acres with frontage on Ramparts Road and Battersea Road. The lot is developed with two small agricultural buildings. The proposal is for the creation of a 10+/acre lot addition to be added to 5002 Ramparts Road (ARN 102906006015200). The property to be enlarged is currently 25+/- acres in size and is developed with a single detached dwelling and two accessory buildings. The planning department is able to support the application for the lot addition. The building department has no objections. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. RESOLUTION:

C of A: 17:04:07

Moved by: R. Sleeth

Seconded by: K. Gee

Page 8 of 149

7 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-09-17-S by George Desrochers to create a lot addition, in Concession 10, Part Lot 13, Ramparts Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-09-17-S George Desrochers Concession 10, Lot/Part Lot 13, Ramparts Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-09-17-L shall be for the creation of a 10 +/acre lot addition only to 5002 Ramparts Road (ARN 102906006015200).
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 10: S-11-17-S (Desrochers) Speaking to the Application: George Desrochers Page 9 of 149

8

Discussion: The subject land consists of 215.5 +/- acres with frontage on Ramparts Road and Battersea Road. The lot is developed with two small agricultural buildings. The proposal is for the creation of a 140+/acre lot addition to be added to a vacant parcel (ARN 102906006015223). The property to be enlarged is currently 0.4 +/- acres in size and is land locked. The planning department is able to support the application for the lot addition. The building department has no objections. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. RESOLUTION:

C of A: 17:04:08

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-11-17-S by George Desrochers to create a lot addition, in Concession 10, Part Lot 13, Battersea Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-11-17-S George Desrochers Concession 10, Lot/Part Lot 13, Ramparts Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-11-17-L shall be for the creation of a 140 +/acre lot addition only to a vacant parcel (ARN 102906006015223).
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: Page 10 of 149

9 The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 11: S-10-17-S (Richards) Speaking to the Application: None Speaking Discussion: The subject land consists of 2.67 +/- acres with frontage on Greenfield Road. The lot is currently vacant. The proposal is for the creation of a 0.02+/- acre lot addition with 5 feet of frontage on Greenfield Road to be added to 3920 Greenfield Road (ARN 102906002014750). This lot addition is to rectify the issue of the septic pipes and other buried service lines for 3920 Greenfield Road being located on the abutting property. The property to be enlarged is currently 6.5+/- acres in size and is developed with a single detached dwelling and a detached accessory building. The planning department is able to support the application for the lot addition. The building department has no objections. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:09 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-10-17-S by Mark and Julie Richards, to create a lot addition, in Concession 4, Part Lot 18, Greenfield Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-10-17-S Mark & Julie Richards Concession 4, Lot/Part Lot 18, Greenfield Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-10-17-L shall be for the creation of a 0.02 +/acre lot addition only to 3920 Greenfield Road (ARN 102906002014750).
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.

Page 11 of 149

10 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 12: S-12-17-S (Cliff) Speaking to the Application: David Cliff Discussion: The subject land consists of 86.5 +/- acres with frontage on Holmes Road. The lot is developed with a single detached dwelling and multiple agricultural outbuildings. The proposal is for the creation of a minimum 2.0 acre residential lot with a minimum of 76m of frontage along Holmes Road. A Minimum Distance Separation calculation has been done and the proposed lot is outside the area of influence. The planning department is able to support the application for the proposed lot. The Public Works department has no objections. KFL&A Public Health has no objections and states that the lot is flexible for the siting of a septic system. The building department has no objections. Comments from Cataraqui Region Conservation Authority were not required RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:10 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-12-17-S by David Cliff, to create a new lot, in Concession 1, Part Lot 18/19, Holmes Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-12-17-S David Cliff Concession 1, Lot/Part Lot 18/19, Holmes Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS: Page 12 of 149

11

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-12-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage along Holmes Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the new parcel in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 13: S-13-17-S (Cliff) Speaking to the Application: David Cliff Discussion: The subject land consists of 86.5 +/- acres with frontage on Holmes Road. The lot is developed with a single detached dwelling and multiple agricultural outbuildings. The proposal is for the creation of a minimum 2.0 acre residential lot with a minimum of 76m of frontage along Holmes Road. A Minimum Distance Separation calculation has been done and the proposed lot is outside the area of influence. This lot, should it be approved, will be the third and final severance permitted from 4276 Holmes Road. The planning department is able to support the application for the proposed lot. The Public Works department has no objections. KFL&A Public Health has no objections and states that the lot is flexible for the siting of a septic system. The building department has no objections. Comments from Cataraqui Region Conservation Authority were not required. RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:11 Seconded by: K. Gee Page 13 of 149

12 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-13-17-S by David Cliff, to create a new lot, in Concession 1, Part Lot 18/19, Holmes Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-13-17-S David Cliff Concession 1, Lot/Part Lot 18/19, Holmes Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-13-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage along Holmes Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the new parcel in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 14: S-14-17-L (Quintal) Speaking to the Application: None Speaking Page 14 of 149

13 Discussion: The subject land consists of 1.5 +/- acres with approximately 700 feet of frontage on Sydenham Lake. The lot is developed with a single detached dwelling and a detached accessory building (1971 Hogan Road). The proposal is for the creation of a 0.3+/- acre lot addition to a 1.2 +/- acre vacant parcel (ARN 102905004061215). This lot addition will have the effect of creating a new waterfront lot, as the lot being enlarged currently does not have any frontage on Sydenham Lake. The vacant lot does have an existing deeded right-of-way over 1971 Hogan Road, to access Sydenham Lake and this right-of-way is encompassed within the lot addition parcel; the lot addition parcel is also separated from the rest of the lot by a significant difference in elevation. These factors combined have the effect of making the lot addition parcel unusable to 1971 Hogan Road. While there is sufficient waterfrontage to allow both lots to have the required minimum of 91m both the severed and retained parcels will need to be rezoned to a special Waterfront Residential zone to reflect the reduced lot sizes, 1.5 +/- acres (vacant) and 1.2 +/- acres (1971 Hogan Road). The planning department is able to support the application for the proposed lot. Cataraqui Region Conservation Authority has evaluated the proposal and have no objections based on consideration for natural hazards, natural heritage and water quality. They have indicated that a permit may be required for any proposed development on the lot as it lies within 120 metres of a provincially significant wetland. The building department has no objections. Comments from KFL&A Public Health and Public Works were not required. RESOLUTION: Moved by: R. Sutherland

C of A: 17:04:12 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-14-17-L by Don and Claudette Quintal, to create a lot addition, in Concession 6, Part Lot 11, Hogan Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-14-17-L Don & Claudette Quintal Concession 6, Lot/Part Lot 11, Hogan Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-14-17-L shall be for the creation of a 0.3 +/acre lot addition only, with a minimum of 91m of frontage along Sydenham Lake, to a vacant parcel (ARN 102905004061215).
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall $100 in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such Page 15 of 149

14 width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact Cataraqui Region Conservation Authority prior to any development on the property, to determine the need for a permit. This agreement shall also specify the required no cut zone along the waterfront. 8. The applicant shall rezone the lots (severed and retained parcels) to be created from Consent Application S-14-17-L from Rural to a Special Residential Waterfront Zone in order to recognise the undersized lots. Please contact Lindsay Mills, the Township Planner, to begin this process. Item # 15: S-15-17-L (Koen) Speaking to the Application: None Speaking Discussion: The subject land consists of 150 +/- acres with frontage on Northshore Road and Leland Road. The lot is currently vacant. The proposal is for the creation of a 50 +/- acre lot, identified as Part 3 on reference plan 13R18071 with frontage on Northshore Road and Leland Road. This part was originally a separate parcel but has merged with the southern 100 +/- acres (identified as Part 1 on reference plan 13R18071) through common ownership. The two parcels are joined along a 30 foot long fence line and the proposal is to divide them along this existing line. The applicant has indicated the intention of selling to 50 +/- acre parcel to the Nature Conservancy of Canada (NCC) as a significant portion of the lot is designated as provincially significant wetland and unsuitable for development. The applicant will be required to rezone the parcel created from Rural to Open Space – Private in order to limit the possibility of future development. The planning department is able to support the application for the proposed lot. Cataraqui Region Conservation Authority has evaluated the proposal and has recommended deferral of the application until the applicant has completed an Environmental Impact Assessment which recommends an appropriate location to access the portion of the property that could be considered for development which demonstrates no negative effects. Once completed the CRCA has requested to be circulated with the EIA so they can complete a peer review of the evaluation. Note: The CRCA has been advised of the intention to sell the severed parcel to the NCC and the required rezoning to OS-P; they have indicated they would be favourable to this. The building department has no objections. Comments from KFL&A Public Health and Public Works were not required as there is no new entrance or septic system proposed. RESOLUTION: Moved by: R. Sutherland

C of A: 17:04:13 Seconded by: R. Sleeth

Page 16 of 149

15 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-15-17-L by the Estate of John Francis Koen, to create a new lot, in Concession 7, Part Lot 24/25, North Shore Road, District of Loughborough, subject conditions. Carried Application No: Owner: Location of Property:

S-15-17-L Estate of John Francis Koen Concession 7, Lot/Part Lot 24/25, Northshore Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-15-17-L shall be for the creation of a 50 +/acre lot with frontage on Northshore Road and Leland Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
  7. The applicant shall rezone the lot to be created from Consent Application S-15-17-L from Rural to Open Space – Private Zone in order to limit future development. Please contact Lindsay Mills, the Township Planner, to begin this process. Page 17 of 149

16

Item # 16: S-16-17-L (Veryzer) Speaking to the Application: John McLaren Discussion: The subject land consists of 38.4 +/- acres with frontage on Rosedale Road. The lot is currently developed with a single detached dwelling. The proposal is for the creation of a minimum 2.0 acre residential with a minimum of 76m of frontage along Rosedale Road. This new lot will encompass the existing structure. The planning department is able to support the application for the proposed lot. The building department has no objections. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health, Public Works were not required as there is no new entrance or septic system proposed. RESOLUTION: Moved by: R. Sutherland

C of A: 17:04:14 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-16-17-L by Krista Veryzer and Paul Rapin, to create a new lot, in Concession 6, Part Lot 4, Rosedale Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-16-17-L Krista Veryzer, Paul Rapin Concession 6, Lot/Part Lot 4, Rosedale Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-16-17-L shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Rosedale Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road;

Page 18 of 149

17 b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; 7. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 17: S-17-17-S, S-18-17-S (K. Mulrooney Trucking) Speaking to the Application: Jennifer Garrah Discussion: The subject land consists of 73.3 +/- acres with frontage on Frontenac Road and Battersea Road. The lot is currently vacant but partially zoned Rural Industrial which permits a variety of uses. The proposal is for the creation two (2) new residential lots each a minimum of 2 acres in size, with a minimum of 76m of frontage on Frontenac Road. Both proposed lots are outside the 500m area of influence for the nearby mineral aggregate designated lands. The planning department is able to support the application for the proposed lots. The building department has no objections. Public works has no objections. KFL&A has no objections and has indicated both proposed lots are flexible in terms of siting a septic system. RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:15 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-17-17-S by K. Mulrooney Trucking, to create a new lot, in Concession 7, Part Lot 37/38, Frontenac Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-17-17-S K. Mulrooney Trucking Concession 7, Lot/Part Lot 37/38, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-17-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Frontenac Road.

Page 19 of 149

18 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:16 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-18-17-S by K. Mulrooney Trucking, to create a new lot, in Concession 7, Part Lot 37/38, Frontenac Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-18-17-S K. Mulrooney Trucking Concession 7, Lot/Part Lot 37/38, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-18-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Frontenac Road. Page 20 of 149

19

  1. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  2. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  3. The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
  4. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 18: S-19-17-S, S-20-17-S, S-21-17-S (1324782 Ontario Inc.) Speaking to the Application: Jennifer Garrah Discussion: The subject land consists of 73.3 +/- acres with frontage on McGarvey Road and Battersea Road. The lot is currently developed with an unoccupied livestock barn currently used for machine storage. The proposal is for the creation three (3) new residential lots each a minimum of 2 acres in size, with a minimum of 76m of frontage on Battersea Road. The northeastern most lot will also have frontage on McGarvey Road. A Minimum Distance Separation calculation has been completed for the unoccupied livestock barn and two (2) of the three (3) proposed lots lie partially or entirely within the area of influence. If the applicant wishes to proceed with these proposed lots, this barn needs to be formally decommissioned and the retained parcel rezoned to prevent the housing of livestock in any structure existing at the date of passage of the by-law. All three (3) proposed lots are outside the 500m area of influence for the nearby mineral aggregate designated lands. Public works is unable to permit three additional driveway entrances onto Battersea Road as it is a former county road and is subject to increased distances between entrances. After discussions with the planning and public works departments the applicant has agreed to revise the proposed lot configurations to have one lot with frontage only on Battersea Road, one lot with frontage on both Battersea Road and McGarvey Road, and one lot with frontage only on McGarvey Road. This will allow two of the three proposed lots to have entrances from McGarvey Road and only one with an entrance on Battersea Road in order to satisfy the spacing requirements. The lot with frontage exclusively on McGarvey Road will also encompass the existing livestock barn and remove the requirement to rezone the retained parcel as the lot created will be too small to permit livestock. The building department has no objections. KFL&A has no objections and has indicated all three (3) proposed lots are flexible in terms of siting a septic system. Comments from Cataraqui Region Conservation Authority were not required. Page 21 of 149

20

RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:17 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-19-17-S by 1324782 Ontario Inc., to create a new lot, in Concession 7, Part Lot 36/37, Battersea Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-19-17-S 1324782 Ontario Inc. Concession 7, Lot/Part Lot 36/37, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-19-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Battersea Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of each of the parcels in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good Page 22 of 149

21 and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:18 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-20-17-S by 1324782 Ontario Inc., to create a new lot, in Concession 7, Part Lot 36/37, Battersea Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-20-17-S 1324782 Ontario Inc. Concession 7, Lot/Part Lot 36/37, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-20-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Battersea Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of each of the parcels in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario Page 23 of 149

22 addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. RESOLUTION:

C of A: 17:04:19

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-21-17-S by 1324782 Ontario Inc., to create a new lot, in Concession 7, Part Lot 36/37, McGarvey Road, District of Storrington, subject to KFL&A public health approval. Carried Item # 19: MV-16-17-L (Vanden Heuval) Speaking to the Application: Rita Vanden Heuval, Reg Genge Discussion: The subject land consists of 1.5 +/- acres with frontage on Trotter Road and Shales Road. The lot is currently vacant. The proposal is for the construction of a 30 foot by 40 foot (1200 square foot footprint) dwelling to be located 15m from the front property line, 2.5m from the side property line and 22m from the unnamed waterbody located on the property. This unnamed waterbody was enlarged to the current size by the previous owner and the applicant is in process with the Cataraqui Region Conservation Authority to reduce the dimensions of this waterbody in order to increase the setback from the HWM. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Cataraqui Region Conservation Authority has no objections to the proposal as submitted. KFL&A Public health has no objections to the proposal as the applicant has an has submitted and received approval for a permit to install a septic system on the lot. Public works has no objections. The building department has no objections. R. Sutherland has visited the site and would like to increase the reduction in front yard setback in order to also increase the distance from the water; 10m from the road and 27m from the water. Lisa Lajeunesse spoke about concerns over the infill of the pond and impacts on species. R. Parslow indicated he has been working with the CRCA to infill the man made pond. Several emails were received from neighbours who expressed similar concerns regarding the infilling of the pond and the impacts on the water flow and species in the area. These emails were taken into consideration by the committee when making their decision. RESOLUTION: Moved by: R. Sutherland

C of A: 17:04:20 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-16-17-L by Richard Parslow, to permit construction within the 30m setback from water, within the 15 setback from top of bank, within the 20m front yard setback, within the 3m sideyard setback, in Concession 10, Part Lot 19, Trotter, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-16-17-L Richard Parslow Concession 10, Lot/Part Lot 19, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section 7.3.2 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from HWM, within 15m from top of bank, within the 20m front yard setback, within the 3m side yard setback Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions Page 24 of 149

23

CONDITIONS:

  1. This minor variance is for the construction of a maximum 1200 square foot footprint dwelling to be constructed a minimum of 27m from the high water mark of the unnamed waterbody on a vacant property (ARN 102904004001430), a minimum of 10 from the front property line at Trotter Road and a minimum of 2.5m from the side property line.
  2. Minor variance MV-16-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 20: MV-17-17-L (Silva) Speaking to the Application: None Speaking Discussion: The subject land consists of 1.86 +/- acres with frontage on Fairhaven Lane and Bobs Lake. The lot is currently developed with a single detached dwelling. The proposal is for the construction of a 35 foot by 40 foot (1400 square feet) detached accessory building with a finished height of 24.5 feet to the peak. This additional height is required to permit the construction of a second floor storage area. The proposed accessory building is outside the 30m setback from the high water mark and meets all other setbacks as required in the comprehensive zoning by-law. Comments from Rideau Valley Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. D. Hahn visited the site and has concerns over a deck near the water which is currently under construction, in addition to a shed near the proposed site of the garage. He would like these questions addressed prior to making a decision on the variance application. RESOLUTION:

C of A: 17:04:21

Moved by: D. Hahn

Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-17-17-B by Norman and Goretti Silva, to permit an increase in height of an accessory building, in Concession 7, Part Lot 32, Trotter, District of Bedford, subject to investigation over possible unauthorised structures on the property. Carried Item # 21: MV-18-17-S (Brown) Speaking to the Application: Janet Brown Discussion: The subject land consists of 6.66 +/- acres with frontage on Huntbach Lane and Dog Lake. The lot is currently developed with a single detached dwelling (4806 Huntbach Lane). The proposal is for the construction of a 160 square foot footprint screen porch addition to be located a minimum of 25.2m from the high water mark of Dog Lake. There is currently a deck in place which extends past the end of the dwelling to approximately 25m from the HWM. The applicant intends to remove the existing deck structure and rebuild the entire thing at the same time as construction the screen porch addition and remove all portions of the deck which extend past the structure. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Rideau Waterway Development Review Team has evaluated the proposal and have no objections to the application. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. Page 25 of 149

24

RESOLUTION:

C of A: 17:04:22

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-18-17-S by Janet Brown, to permit construction within the 30m setback from water, in Concession 10, Part Lot 17/18, Huntbach Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-18-17-S Janet Brown Concession 10, Lot/Part Lot 17/18, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section10.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a maximum 160 square foot footprint screen porch addition to an existing structure located at 4806 Huntbach Lane to be located a minimum of 25m from the high water mark of Dog Lake.
  2. Minor variance MV-18-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. This agreement shall also specify the requirement for roof runoff to be directed away from the lake. Item # 22: MV-19-17-B (Ryckman) Speaking to the Application: None Speaking Discussion: The subject land consists of 1.0 +/- acres with frontage on West Devil Lake Lane and Devil Lake. The lot is currently developed with a single detached dwelling (199 West Devil Lake Lane). The proposal is for the construction of a 12 foot by 34 foot deck to be located a minimum of 26.3m (86.3 feet) from the high water mark of Devil Lake. There is currently a 2.2 m (7.5 ft.) wide deck and stairs located on the water side, the proposed deck will extend a further 1.5m into the setback from the HWM. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Cataraqui Region Conservation Authority is recommending denial of the application as they feel it does not meet the intent of the Official Plan. CRCA notes that the proposed development is outside the setback from the flood plain and outside the erosion hazard area identified on the property. They have also indicated that a permit will be required for all development on this property. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:23 Seconded by: K. Gee

Page 26 of 149

25 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-19-17-S by Steven and Cindy Ryckman, to permit construction within the 30m setback from water, in Concession 10, Part Lot 9, Devil Lake Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-19-17-B Steven Ryckman and Cindy Ryckman Concession 10, Lot/Part Lot 9, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section10.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a maximum 12 foot by 34 foot deck to be located a minimum of 26.3m from the high water mark of Devil Lake.
  2. Minor variance MV-19-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 23: MV-20-17-B (McNichols) Speaking to the Application: Paul McNichols Discussion: The subject land consists of 1.24 +/- acres with frontage on McNichols Lane and Thirty Island Lake. The lot is currently developed with a single detached dwelling and small accessory building. The proposal is for the construction of a 20 foot by 46 foot (920 square feet) detached accessory building with a finished height of 23.6 feet to the peak. This additional height is required to permit the construction of a second floor storage area. The proposed accessory building is outside the 30m setback from the high water mark and meets all other setbacks as required in the comprehensive zoning by-law. Comments from Rideau Valley Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION: Moved by: D. Hahn

C of A: 17:04:24 Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-20-17-B by Steven and Cindy Ryckman, to permit an increase in height of an accessory building, in Concession 3, Part Lot 7, McNichols Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-20-17-B Paul & Janice McNichols Concession 3, Lot/Part Lot 7, District of Bedford Township of South Frontenac Purpose of Application: To vary section10.3.2 of the Comprehensive Zoning By-law to permit an increase in height of an accessory building Page 27 of 149

26 Date of Hearing: Date of Decision:

May 11, 2017 May 11, 2017

Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a maximum 1400 square foot footprint accessory building with a finished height to peak of 23.6 feet. This accessory structure is not permitted to have any living space.
  2. Minor variance MV-20-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item # 24: MV-21-17-S (Harvey) Speaking to the Application: Nicholas Harvey Discussion: The subject land consists of 0.9 +/- acres with frontage on Ormsbee Road and Dog Lake. The lot is currently developed with a single detached dwelling (1517 Ormsbee Road) located approximately 26.8m from the high water mark of Dog Lake. The proposal is for a three (3) foot increase in height of the existing structure to permit an increase in living space on the second floor, as well as the creation of an outdoor deck above the existing covered porch which will be accessed from the upper level. The structure currently has a small upper loft area but the floor space is limited due to the pitch of the roof. This application is seeking to rectify a building without a permit situation discovered by the Chief Building Official. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Rideau Waterway Development Review Team has no objection to the application as it does not encroach any farther into the required setback from the HWM and does not increase the lot coverage. CRCA noted that a permit is required for the proposed development. Comments from KFL&A Public Health and Public Works were not required as the applicant has already upgraded his septic system to accommodate the renovations. The building department has no objections. RESOLUTION: Moved by: R. Sleeth

C of A: 17:04:25 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-21-17-S by Nicholas Harvey, to permit construction within the 30m setback from water, in Concession 9, Part Lot 19, Ormsbee Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-21-17-S Nicholas Harvey Concession 9, Lot/Part Lot 19, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section10.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for a maximum three (3) foot increase in height to peak of an existing dwelling located at 1517 Ormsbee Road to permit an increase in living space, in addition to the construction of a new second story deck over an existing lower level porch. Page 28 of 149

27 2. Minor variance MV-21-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. 3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. 4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 25: MV-22-17-B (Brice) Speaking to the Application: Roger Brice Discussion: The subject land consists of 1.5 +/- acres with frontage on Perth Road and Devil Lake. The property is zoned RRC-34 and permits three tourist cabins, a single detached dwelling and an accessory storage building. The proposal is for the addition of a 100 square foot mudroom to the non-water side of the existing principal dwelling located approximately 20m from the high water mark of Devil Lake. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Cataraqui Region Conservation Authority has no objections as the permit issued for the renovations to the building included the proposed mudroom. Comments from KFL&A Public Health and Public Works were not required as the applicant has already upgraded his septic system to accommodate the renovations. The building department has no objections. RESOLUTION:

C of A: 17:04:26

Moved by: J. McDougall

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-22-17-B by Roger Brice, to permit construction within the 30m setback from water, in Concession 13, Part Lot 8, Perth Road, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-22-17-B Roger Brice Concession 13, Lot/Part Lot 8, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section18.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a maximum 100 square foot mudroom addition to an existing dwelling located 20m from the HWM of Devil Lake.
  2. Minor variance MV-22-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item # 26: MV-23-17-B (Kimmett) Speaking to the Application: Tony and Michelle Kimmett Page 29 of 149

28

Discussion: The subject land consists of 43.9 +/- acres with frontage on Lee Road and Wolfe Lake. The property is currently developed with a seasonal dwelling and small accessory building. The proposal is for an increase in height (a maximum of 6 feet) of the existing dwelling to permit the reconstruction of the foundation and the creation of a crawlspace underneath the cottage to locate services. The dwelling is located approximately 55 feet at its closest point to Wolfe Lake and is within 120m of a Provincially Significant Wetland; as such, the applicant has submitted an Environmental Impact Assessment completed by Ontario Lake Assessments which stated there would be no long-term impacts as a result of the proposed construction. However, the EIA indicated that there needs to be appropriate soil stability measures taken during and after construction to prevent disruption of the native soil mantle. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Comments from Rideau Valley Conservation Authority have yet to be received. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:04:27

Moved by: D. Hahn

Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-23-17-B by Tony and Michelle Kimmett, to permit construction within the 30m setback from water, in Concession 10, Part Lot 23/24, Perth Road, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-23-17-B Tony & Michelle Kimmett Concession 10, Lot/Part Lot 23/24, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the raising of an existing dwelling (966 Lee Road) a maximum of six (6) feet to permit the reconstruction of the foundation and the creation of a crawlspace underneath the cottage to locate services; no living space is permitted.
  2. Minor variance MV-23-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 27: MV-24-17-S (Anglin) Speaking to the Application: Bill Anglin Discussion: The subject land consists of 1.49 +/- acres with frontage on Loughborough Lake. This property is unique in that while it is possible to drive to it via Hickory Lane it is essentially an island with a bridge to the mainland. The property is currently developed with a seasonal dwelling (1050 square feet plus 515 square foot deck) and small accessory building (less than 100 square feet) located 48 feet from Page 30 of 149

29 the high water mark (HWM) of Loughborough Lake. The proposal is for the demolition of all existing structures on the property and the construction of a 1660 square foot dwelling plus rebuilding the same size deck to be located a minimum of 50 feet from the HWM. The applicant has also proposed the construction of a new 385 square foot detached garage as a future outbuilding also to be located a minimum of 50 feet from the HWM. The proposed dwelling and accessory buildings are to be located approximately 50 feet from Loughborough Lake and within 120m of a Provincially Significant Wetland; as such, the applicant has submitted an Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments. The EIA suggests there is an opportunity to move the proposed cottage to the south somewhat to achieve a slightly better setback from the HWM and permit the possible construction of a full septic system as opposed to the two (2) tank holding tank setup currently being used. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Cataraqui Region Conservation Authority have no objections; however they have indicated that a permit will be required for the proposed construction. Comments from KFL&A Public Health have yet to be received. The building department has no objections. Comments from Public Works were not required. RESOLUTION:

C of A: 17:04:28

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-24-17-S by Carolyn Anglin, to permit construction within the 30m setback from water, in Concession 10, Part Lot 4, Hickory Lane, District of Storrington, subject to KFL&A approval. Carried Item #28 : Adjournment RESOLUTION:

C of A: 17:04:29

Moved by: J. McDougall

Seconded by: L. Redden

THAT the April 13, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:50 p.m. to reconvene at 7:00 p.m. on Thursday, June 8, 2017 or at the call of the Chair. Carried


Alan Revill Chair


Lindsay Mills Secretary-Treasurer

Page 31 of 149

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT MINUTES 17:05 June 8, 2017 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) David Hahn (Bedford District) Alan Revill (Bedford District-C) Larry Redden (Portland District) John McDougall (Portland District-C) Ross Sutherland (Loughborough District-C) John Sherbino (Loughborough District)

STAFF:

Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer

Table of Contents Item # 1: Call to Order ……………………………………………………………………………………….. 1 Item # 2: Adoption of the Agenda ………………………………………………………………………… 1 Item # 3: Declaration of Pecuniary Interest …………………………………………………………… 1 Item # 4: Approval of Minutes……………………………………………………………………………… 1 Item # 5: S-15-17-L (Koen)…………………………………………………………………………………. 2 Item # 6: MV-08-17-B (1324782 Ontario Inc.) ……………………………………………………….. 3 Item # 7: MV-17-17-B (Silva) ………………………………………………………………………………. 4 Item # 8: MV-24-17-S (Anglin)…………………………………………………………………………….. 5 Item # 9: S-22-17-L (Snider)……………………………………………………………………………….. 6 Item # 10: S-23-17-P (McConville) ………………………………………………………………………. 7 Item # 11: S-24-17-L (Koen)……………………………………………………………………………….. 9 Item # 12: S-25-17-S (Kier) ………………………………………………………………………………. 10 Item # 13: S-26-17-S, S-27-17-S (Howlett) …………………………………………………………. 12 Item # 14: S-28-17-S (Caird) …………………………………………………………………………….. 14 Item # 15: S-29-17-L (Shales) …………………………………………………………………………… 15 Item # 16: S-13017-L (Jespersen)……………………………………………………………………… 16 Item # 17: S-31-17-L (Butterill) ………………………………………………………………………….. 18 Item # 18: S-32-17-B (Knapp) …………………………………………………………………………… 19 Item # 19: MV-25-17-S (Alexander) …………………………………………………………………… 20 Item # 20: MV-26-17-B (Brant) ………………………………………………………………………….. 21 Item #21: Adjournment …………………………………………………………………………………….. 22 Item # 1: Call to Order RESOLUTION:

C of A: 17:05:01

Moved by: J. McDougall

Seconded by: L. Redden

THAT the June 8, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:05 p.m. with Alan Revill in the Chair. Carried Item # 2: Adoption of the Agenda Approved as circulated Item # 3: Declaration of Pecuniary Interest None declared Item # 4: Approval of Minutes RESOLUTION:

C of A: 17:04:02 Page 32 of 149

2 Moved By: R. Sutherland

Seconded By: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby defers approval of the minutes of the April 13, 2017 meeting of the Committee, until the July 13, 2017 meeting to add notes of conditions to select applications. Carried Item # 5: S-15-17-L (Koen) Speaking to the Application: None Speaking Discussion: This application was granted provisional consent at the May 11, 2017 meeting but the applicant has requested a revision of conditions of consent; specifically the removal of the 5% parkland fee condition. The basis for this request is that the severed parcel is to be sold to the Nature Conservancy of Canada and as such will essentially be a park in its entirety and accessible to the public as is all their land. RESOLUTION:

C of A: 17:05:03

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES a change of conditions, to consent application S-15-17-L by the Estate of John Francis Koen, to remove the condition for the 5% parkland fee. Carried Application No: Owner: Location of Property:

S-15-17-L Estate of John Francis Koen Concession 7, Lot/Part Lot 24/25, Northshore Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-15-17-L shall be for the creation of a 50 +/acre lot with frontage on Northshore Road and Leland Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road;

Page 33 of 149

3 b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 6. The applicant shall rezone the lot to be created from Consent Application S-15-17-L from Rural to Open Space – Private Zone in order to limit future development. Please contact Lindsay Mills, the Township Planner, to begin this process. Item # 6: MV-08-17-B (1324782 Ontario Inc.) Speaking to the Application: Jennifer Garrah (agent, Fotenn Consultants) Discussion: This item was originally brought to the Committee in May, 2017 but was deferred pending receipt of a report from KFL&A public health. The boundaries had changed from the original submission and required re-evaluation by public health for an alternative septic location. The subject land consists of 73.3 +/- acres with frontage on McGarvey Road and Battersea Road. The lot is currently developed with an unoccupied livestock barn currently used for machine storage. The proposal is for the creation a new residential lot a minimum of 2 acres in size, with a minimum of 76m of frontage on McGarvey Road. This lot will encompass the livestock barn and result in a property of insufficient size for livestock so an MDS calculation is not required. The proposed lot is outside the 500m area of influence for the nearby mineral aggregate designated lands. The planning department is able to support the application for the proposed lot.

RESOLUTION: Moved by: K. Gee

C of A: 17:05:04 Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-21-17-S by 1324782 Ontario Inc., to create a new lot, in Concession 7, Part Lot 36/37, McGarvey Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-21-17-S 1324782 Ontario Inc. Concession 7, Lot/Part Lot 36/37, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a Page 34 of 149

4 period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-21-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on McGarvey Road. 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of each of the parcels in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-21-17-S. Item # 7: MV-17-17-B (Silva) Speaking to the Application: None Speaking Discussion: This application was originally brought to the Committee in May, 2017 but was deferred to allow an opportunity for the Committee to confirm reports of a shed and waterfront deck constructed without permits or planning approval. The subject land consists of 1.86 +/- acres with frontage on Fairhaven Lane and Bobs Lake. The lot is currently developed with a single detached dwelling. The proposal is for the construction of a 35 foot by 40 foot (1400 square feet) detached accessory building with a finished height of 24.5 feet to the peak. This additional height is required to permit the construction of a second floor storage area. The proposed accessory building is outside the 30m setback from the high water mark and meets all other setbacks as required in the comprehensive zoning by-law. RESOLUTION: Moved by: D. Hahn

C of A: 17:05:05 Seconded by: J. McDougall

Page 35 of 149

5 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-17-17-B by Norman and Goretti Silva, to permit an increase in height of an accessory building, in Concession 7, Part Lot 32, Fairhaven Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-17-17-B Norman Silva and Goretti Silva Concession 7, Lot/Part Lot 32, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 10.3.2 of the Comprehensive Zoning By-law to permit an increase in height of an accessory building Date of Hearing: May 11, 2017 Date of Decision: June 8, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a maximum 1400 square foot footprint accessory building with a finished height to peak of 24.5 feet. This accessory structure is not permitted to have any living space.
  2. Minor variance MV-17-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. Prior to the issuance of a building permit the applicant is required to remove the deck constructed at the water’s edge with no building permit or planning permission, and to legalise the 12 foot by 12 foot shed constructed without a building permit. Item # 8: MV-24-17-S (Anglin) Speaking to the Application: Bill Anglin Discussion: This application was originally brought to the committee in May, 2017 but was deferred pending the receipt of a report from KFL&A Public Health. This report has now been received. The subject land consists of 1.49 +/- acres with frontage on Loughborough Lake. This property is unique in that while it is possible to drive to it via Hickory Lane it is essentially an island with a bridge to the mainland. The property is currently developed with a seasonal dwelling (1050 square feet plus 515 square foot deck) and small accessory building (less than 100 square feet) located 48 feet from the high water mark (HWM) of Loughborough Lake. The proposal is for the demolition of all existing structures on the property and the construction of a 1660 square foot dwelling plus rebuilding the same size deck to be located a minimum of 50 feet from the HWM. The applicant has also proposed the construction of a new 385 square foot detached garage as a future outbuilding also to be located a minimum of 50 feet from the HWM. The proposed dwelling and accessory buildings are to be located approximately 50 feet from Loughborough Lake and within 120m of a Provincially Significant Wetland; as such, the applicant has submitted an Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments. The EIA suggests there is an opportunity to move the proposed cottage to the south somewhat to achieve a slightly better setback from the HWM and permit the possible construction of a full septic system as opposed to the two (2) tank holding tank setup currently being used. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Cataraqui Region Conservation Authority has no objections to the proposal as submitted. They have indicated that a permit from the CRCA will be required for the proposed development. KFL&A Public Health have no objection to the proposal provided that the proposed dwelling specifications and site plan submitted with permit ST-16-17 do not change. The building department has no objections. Comments from Public Works were not required. Page 36 of 149

6

RESOLUTION:

C of A: 17:05:06

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-24-17-S by Carolyn Anglin, to permit construction within the 30m setback from water, in Concession 10, Part Lot 4, Hickory Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-24-17-S Carolyn Anglin Concession 10, Lot/Part Lot 4, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: June 8, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for construction of a maximum 1660 square foot footprint dwelling (no basement permitted) plus a maximum 550 square foot deck and a maximum 385 square foot detached accessory building (storage only, no living space permitted) to be located a minimum of 50 feet from the high water mark of Loughborough Lake.
  2. Minor variance MV-24-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 9: S-22-17-L (Snider) Speaking to the Application: D’Arcy Snider Discussion: The subject land consists of 86.6 +/- acres with frontage on Rutledge Road, Stagecoach Road and Lambert Road. The lot is currently developed with a single detached dwelling and several agricultural outbuildings. The proposal is for the creation of a minimum 0.9 acre residential with a minimum of 50m of frontage along Rutledge Road. This new lot will encompass the existing dwelling but not the agricultural buildings. KFL&A public health has no objections. The building department has no objections. Comments from Cataraqui Region Conservation Authority, Public Works were not required. RESOLUTION:

C of A: 17:05:07

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-22-17-L by D’Arcy Snider to create a new lot, in Concession 4, Part Lot 4, Rutledge Road, District of Loughborough, subject to conditions. Carried Application No: Owner:

S-22-17-L D’Arcy Snider Page 37 of 149

7 Location of Property:

Concession 4, Lot/Part Lot 4, Rutledge Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-22-17-L shall be for the creation of a minimum 0.9 acre lot with a minimum of 50m of frontage on Rutledge Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 10: S-23-17-P (McConville) Speaking to the Application: None Speaking Discussion: This application was originally given provisional consent in May 2015 but the conditions were not completed within the required one year time period. It has been resubmitted exactly as approved previously. The subject land consists of 127 +/- acres with frontage on Bellrock Road. The lot is currently developed with a single detached dwelling. The proposal is for the creation of a 10 +/- acre lot with 295 m of frontage along Bellrock Road. Page 38 of 149

8 The planning department is able to support the application for the proposed lot. KFL&A public health has no objections as the lot was expanded to include the required area for septic. The building department has no objections. Quinte Conservation Authority has no objections. Public works has no objections. RESOLUTION:

C of A: 17:05:08

Moved by: J. McDougall

Seconded by: L. Redden

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-23-17-P by Brent McConville to create a new lot, in Concession 10, Part Lot 10, Bellrock Road, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:

S-23-17-P Brent McConville Concession 10, Lot/Part Lot 10, Bellrock Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-23-17-P shall be for the creation of a 10 +/acre lot with a 295 m of frontage on Bellrock Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. Page 39 of 149

9

d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-23-17-P. Item # 11: S-24-17-L (Koen) Speaking to the Application: None Speaking Discussion: The subject land consists of 97 +/- acres with frontage on North Shore Road. The lot is currently vacant. The proposal is for the creation of a 16 +/- acre lot addition with 16 m of frontage along North Shore Road to 551 Leland Road. A significant portion of the subject land is zoned Environmental Protection (EP) and designated Provincially Significant Wetland (PSW). The land is currently used for agricultural purposes and the planned use is to continue as agricultural. The planning department is able to support the application for the proposed lot. Comments from KFL&A public health were not required. The building department has no objections. Cataraqui Region Conservation Authority has no objections to the proposal and has determined there is no need for a preliminary Environmental Impact Assessment. They have indicated that should development be proposed the applicant should contact the CRCA to determine the need for a permit. Public works has no objections. RESOLUTION: Moved by: J. Sherbino

C of A: 17:05:09 Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-24-17-L by Estate of John Francis Koen, to create a lot addition, in Concession 7, Part Lot 24, North Shore Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-24-17-L Estate of John Francis Koen Concession 7, Lot/Part Lot 24, North Shore Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-24-17-L shall be for the creation of a 16 +/acre lot addition only to 551 Leland Road
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)

Page 40 of 149

10 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. Prior to the stamping of the deed for consent the lot addition to be created through application S-24-17-L the lot to be created through consent application S-15-17-L must be finalised. Item # 12: S-25-17-S (Kier) Speaking to the Application: Tom Brennan (agent) Discussion: The subject land consists of 88.5 +/- acres with no frontage on either a public road or private lane. The lot is currently vacant. The proposal is for the creation of a 5.7 +/- acre lot with a minimum of 76m of frontage on Kier Road. Currently Kier Road does not extend along the proposed lot, but the applicant has requested and received approval from Council to extend Kier Road for the purposes of this new lot creation, provided the extension is constructed according to the Townships Guidelines for new roads. The planning department is able to support the application for the proposed lot. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. KFL&A public health has no objections Public works has no objections as the extension to Kier Road has already been approved by Council. The applicant will need to construct the new section and have it approved prior to the stamping of the deeds. A letter submitted to the Township by Gary Beach was read into the record at the meeting. While he indicated he was not opposed to the application, this email outlined the several conditions Mr. Beach wanted to see included into the consent approval. These conditions included surveying and marking the new road location, maintaining a tree buffer, that South Frontenac Public Works Department oversee construction and have final approval for the new road construction, that the surface of the new section match the standard of the existing section of Kier Road, that the details of his letter be added as conditions of the proposed severance and road closing. T. Brennan indicated that the majority of these requested conditions had already been addressed during the Council approval process for the road closing and he saw no need for any additional conditions. Several committee members including R. Sleeth and D. Hahn stated that the committee should not add conditions merely because a request from the public was made for their addition, that any requests should be carefully considered. Page 41 of 149

11 G. Beach said if T. Brennan wanted to proceed that his requested conditions were not unreasonable, that he had put in more than his fair share of money towards upgrading the length of Kier Road in order to facilitate his Applewood Condominium development, that he was going to meet with Mark Segsworth (Manager of Public Works) to discuss his concerns. RESOLUTION: Moved by: K. Gee

C of A: 17:05:10 Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-25-17-S by Colin Kier, to create a new lot, in Concession 4, Part Lot 22, Kier Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-25-17-S Colin Kier Concession 4, Lot/Part Lot 22, Kier Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-25-17-S shall be for the creation of a 5.7 +/acre lot with a minimum of 76m on Kier Road.
  3. Prior to the stamping of the deeds, the applicant must construct an extension to Kier Road which is constructed according to the Townships Guidelines for new roads and this extension must extend a minimum of 76m along the north side of the lot to be created through consent application S-25-17-S. This extension must be approved and assumed for maintenance by Public Works prior to the stamping of the deeds.
  4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  6. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
  7. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds;

Page 42 of 149

12 c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 8. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-25-17-S. Item # 13: S-26-17-S, S-27-17-S (Howlett) Speaking to the Application: Barry Howlett Discussion: The subject land consists of 9.3 +/- acres with frontage on Sands Road and Cedar Lake. The lot is developed with a single detached dwelling and an accessory building. The proposal is for the creation of a minimum 2.0 acre lot with a minimum of 65m of frontage on Sands Road. The newly created lot will need to be rezoned to reflect the reduced frontage along Sands Road. In addition to the new lot creation, the applicant is also asking to create a right-of-way to give deeded access to Cedar Lake for the newly created lot. The applicant has requested a 10m wide right-of-way be created along the western edge of the retained parcel to provide this water access. The planning department is able to support the application for the proposed lot. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. KFL&A public health has no objections Public works has no objections. The committee had no objections to the creation of the proposed lot. They agreed with planner L. Mills regarding limiting development to the rear of 2484 Sands Road and the need to provide appropriate buffering between the two properties for privacy reasons. There was significant discussion regarding the proposed right-of-way and what the applicant intended to use this access for. The end result of this discussion was the general consensus that the addition of this right-of-way to the proposed lot had the effect of creating a waterfront lot with extremely limited frontage and increased the potential impact on Cedar Lake. R. Sleeth and K. Gee did not agree with this point of view. RESOLUTION:

C of A: 17:05:11

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-26-17-S by Donna Howlett, to create a new lot, in Concession 8, Part Lot 7, Sands Road, District of Storrington, subject to conditions. Carried RESOLUTION: Moved by: R. Sleeth

C of A: 17:05:12 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-27-17-S by Donna Howlett, to create a right-of-way, in Concession 8, Part Lot 7, Sands Road, District of Storrington, subject to conditions. Defeated

Page 43 of 149

13 Application No: Owner: Location of Property:

S-26-17-S Donna Howlett Concession 8, Lot/Part Lot 7, Sands Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot, together with a right-of-way Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-26-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 65m of frontage on Sands Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
  7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-26-17-S.
  8. Prior to the stamping of the deeds the applicant must rezone the lot created through consent application S-26-17-S from Urban Residential – First Density (UR1) to a special Urban Residential – First Density zone to reflect the reduced frontage along Sands Road and prohibit development in the rear of 2484 Sands Road. Page 44 of 149

14

  1. The applicant shall provide appropriate buffering along the rear lot line of 2484 Sands Road to the satisfaction of the Township.
  2. The applicant shall enter into a development agreement with the Township to be registered on title of the retained parcel, which sets out the Township’s environmental policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for any shoreline or in-water works. Item # 14: S-28-17-S (Caird) Speaking to the Application: Ron Caird Discussion: The subject land consists of 50 +/- acres with frontage on Dixon Road. The lot is developed with a single detached dwelling. The proposal is for the creation of a 2.75 +/- acre residential lot with a 122m of frontage on Dixon Road. The planning department is able to support the application for the proposed lot. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. KFL&A public health has no objections, but has indicated a site specific location for the proposed sewage system. This specific location required the applicant to slightly adjust the lot dimensions from their original application to include an increase in road frontage and a decrease in lot depth. Public works has no objections. RESOLUTION: Moved by: R. Sleeth

C of A: 17:05:13 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-28-17-S by Rod and Candy Caird, to create a new lot, in Concession 7, Part Lot 17, Dixon Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-28-17-S Rod and Candy Caird Concession 7, Lot/Part Lot 17, Dixon Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-28-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Dixon Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)]. Page 45 of 149

15

  1. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
  2. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-28-17-S. Item # 15: S-29-17-L (Shales) Speaking to the Application: None Speaking Discussion: The subject land consists of 5.6 +/- acres with frontage on Shales Road. The lot is currently vacant. The proposal is for the creation of a 0.81 +/- acre lot addition with a 16.7m of frontage on Shales Road to 1388 Shales Road. The purpose of this lot addition is to rectify a lot line dispute. The planning department is able to support the application for the proposed lot. Comments from Cataraqui Region Conservation Authority, KFL&A public health and public works were not required. The building department has no objections. RESOLUTION: Moved by: R. Sutherland

C of A: 17:05:14 Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-29-17-L by Donald Shales, to create a lot addition, in Concession 10, Part Lot 17, Shales Road, District of Loughborough, subject conditions. Carried Application No: Owner: Location of Property:

S-29-17-L Donald Shales Concession 10, Lot/Part Lot 17, Shales Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

Page 46 of 149

16

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-29-17-L shall be for the creation of a 0.81 +/acre lot addition only, to 1388 Shales Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 16: S-13017-L (Jespersen) Speaking to the Application: None Speaking Discussion: The subject land consists of 17.6 +/- acres with frontage on Sands Road and Cedar Lake. The lot is currently developed with a single detached dwelling and multiple accessory buildings. The proposal is for the creation of a 7.5 +/- acre lot with 66m of frontage on Sands Road, which will encompass all the existing structures. The retained parcel will have 65m of frontage on Sands Road. The applicant will be required to rezone both the severed and retained parcels from Rural (RU) to a special Rural zone to reflect the reduced frontage on Sands Road. The planning department is able to support the application for the proposed lot. Comments from Cataraqui Region Conservation Authority, KFL&A public health and public works were not required. The building department has no objections. RESOLUTION: Moved by: K. Gee

C of A: 17:05:15 Seconded by: R. Sleeth

Page 47 of 149

17 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-30-17-S by Kurt and Evelyn Jespersen, to create a new lot, in Concession 8, Part Lot 6, Sands Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-30-17-S Kurt and Evelyn Jespersen Concession 8, Lot/Part Lot 6, Sands Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-30-17-S shall be for the creation of a 7.5 +/acre lot, with a minimum of 66m of frontage on Sands Road. The northern limit of the proposed lot shall not extend into the defined wetland area; rather the wetland area shall remain entirely with the retained parcel.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Page 48 of 149

18 7. Prior to the stamping of the deeds the applicant shall rezone the lots (severed and retained parcels) to be created from Consent Application S-30-17-S from Rural to a Special Rural Zone in order to recognise the reduced road frontage. Please contact Lindsay Mills, the Township Planner, to begin this process. 8. The applicant shall enter into a development agreement with the Township to be registered on title of the retained parcel, which sets out the Township’s environmental policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for any shoreline or in-water works. Item # 17: S-31-17-L (Butterill) Speaking to the Application: None Speaking Discussion: The subject land consists of 110 +/- acres with frontage on Opinicon Road. The lot is developed with a single detached dwelling and agricultural outbuildings. The proposal is for the creation of a 10 +/acre lot with 295m of frontage on Opinicon Road. The planning department is able to support the application for the proposed lot. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. KFL&A public health have no objections. Public works has no objections. RESOLUTION: Moved by: R. Sutherland

C of A: 17:05:16 Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-31-17-L by Robert and Bette Butterill, to create a new lot, in Concession 10, Part Lot 23/24, Opinicon Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-31-17-L Robert and Bette Butterill Concession 10, Lot/Part Lot 23/24, Opinicon Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-31-17-L shall be for the creation of a 10 +/acre lot, with a 295m of frontage on Opinicon Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].

Page 49 of 149

19 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 18: S-32-17-B (Knapp) Speaking to the Application: None Speaking Discussion: The subject land consists of 175 +/- acres with frontage on Bradshaw Road, Steele Road and Bobs Lake Road. The lot is developed with a single detached dwelling and agricultural outbuildings. The proposal is for the creation of a 108 +/- acre lot with frontage on Bradshaw Road and Steele Road. The applicant was under the impression their property was two (2) separate parcels, but when selling discovered they had in fact merged into a single parcel. This application is to re-sever the parcel along the previously determined lot lines. The planning department is able to support the application for the proposed lot. Comments from Cataraqui Region Conservation Authority, KFL&A public health and public works were not required. The building department has no objections. RESOLUTION: Moved by: D. Hahn

C of A: 17:05:17 Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-32-17-B by Carl Knapp, to create a new lot, in Concession 2, Part Lot 26, Bradshaw Road, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

S-32-17-B Carl Knapp Concession 2, Lot/Part Lot 26, Bradshaw Road, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a Page 50 of 149

20 period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-32-17-B shall be for the creation of a 108 +/acre lot, with frontage on Bradshaw Road and Bobs Lake Road. 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 19: MV-25-17-S (Alexander) Speaking to the Application: James Alexander, Reg Genge Discussion: The subject land consists of 4.66 +/- acres with frontage on Collins Lake and Moreland-Dixon Road. The property is developed with a single detached dwelling and several accessory buildings. The proposal is for a 24 foot by 22 foot (528 square feet) addition to an existing garage located approximately 27 metres from the high water mark of Collins Lake. This proposed addition will not encroach any farther in to the required setback that the existing building. Portions of the property and shoreline are designated as Provincially Significant Wetland (PSW) and zoned Environmental Protection (EP), but not the area where the construction is proposed. The applicant has submitted a Preliminary Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments which has determined that the addition will not have any additional impact on the sensitive natural environment. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. RESOLUTION: Moved by: K. Gee

C of A: 17:04:20 Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-25-17-S by James Alexander, to permit construction within the 30m setback from water, in Concession 2, Part Lot 22, Moreland-Dixon Road, District of Storrington, subject to conditions. Page 51 of 149

21

Carried Application No: Owner: Location of Property:

MV-25-17-S James Alexander Concession 2, Lot/Part Lot 22, 3859 Moreland-Dixon Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for construction of a maximum 530 square foot single storey addition to an existing garage at 3859 Moreland-Dixon Road, to be located a minimum of 25 metres from the high water mark of Collins Lake.
  2. Minor variance MV-25-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. This agreement shall detail the required shoreline re-naturalisation as per the preliminary Environmental Impact Assessment completed by Ontario Lake Assessments. Item # 20: MV-26-17-B (Brant) Speaking to the Application: None Speaking Discussion: The subject land consists of 0.82 +/- acres with frontage on Bobs Lake. The property is developed with a seasonal dwelling and a 12 foot by 14 foot accessory building. The proposal is for a 10 foot by 11.5 foot (115 square feet) addition to the existing accessory building located approximately 27 metres from the high water mark of Bobs Lake. This proposed addition is on the non-water side of the structure and will not encroach any farther in to the required setback that the existing building. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Rideau Valley Conservation Authority has no objection to the application as submitted. They have indicated that no permit will be required from RVCA for the proposed development. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION: Moved by: D. Hahn

C of A: 17:04:21 Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-26-17-B by James Brant, to permit construction within the 30m setback from water, in Concession 4, Part Lot 25, Birch Island, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-26-17-B James Brant Concession 4, Lot/Part Lot 25, 14 Birch Island, District of Bedford, Township of South Frontenac Page 52 of 149

22 Purpose of Application: To vary section 5.10.2 and section 11.3.2 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: June 8, 2017 Date of Decision: June 8, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for construction of a maximum 115 square foot single storey addition to an existing accessory building at 14 Birch Island, to be located a minimum of 27 metres from the high water mark of Bobs Lake.
  2. Minor variance MV-26-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item #21: Adjournment RESOLUTION:

C of A: 17:05:20

Moved by: L. Redden

Seconded by: J. McDougall

THAT the June 8, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:45 p.m. to reconvene at 7:00 p.m. on Thursday, July 13, 2017 or at the call of the Chair. Carried


Alan Revill Chair


Lindsay Mills Secretary-Treasurer

Page 53 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

S-33-17-L Elva Clough Concession 9, Lot/Part Lot 19, Perth Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a right-of-way Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a right-of-way be considered for passage.

BACKGROUND The subject land consists of 6.1 +/- acres with frontage on Perth Road. The lot is currently vacant. The proposal is for the creation of a 34m +/- long right-of-way. The purpose of the right-of-way is to create legal access to an otherwise land locked parcel which is currently used for agricultural purposes. The right-of-way, if approved will be surveyed and constructed to the Township’s standard for new private lanes. The planning department is able to support the application for the proposed right-of-way. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority and KFL&A public health were not required. Public works has no objections The building department has no objections.

CONDITIONS

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-33-17-L shall be for the creation of a minimum 20m wide, 34m +/- long right-of-way with frontage on Perth Road.
  3. The right-of-way created through Consent Application S-33-17-L shall be surveyed and constructed according to the Township’s standard for new private lanes. The right-of-way access shall be recognized on the deeds of the lot to be access and the property over which it passes.
  4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
  5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  6. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].

Page 54 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 7. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.

ATTACHMENTS Map of Clough Property Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 55 of 149

µ 6063 Perth Road

CLOUGH S-33-17-L

Legend Clough Property Moeslinger Property Proposed ROW

Property to be Accessed

Proposed Right-of-Way

Page 56 of 149

PERTH ROA

D

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Scale 1:3,111 0

15

30

60

90

UTM Projection NAD 83

120 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

S-34-17-L George Hamilton Concession 13, Lot/Part Lot 24/25, Billy Green Road/Twisty Lane, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.

BACKGROUND The subject land consists of 46 +/- acres with frontage on Billy Green Road, Twisty Lane and Buck Lake. The lot is developed with a seasonal dwelling and a detached accessory building. The proposal is for the creation of a 12 +/- acre waterfront residential lot with approximately 700 feet of frontage on Buck Lake. Buck Lake is designated as a Highly Sensitive Trout Lake (at capacity) and as such special requirements need to be met prior to the consideration of any new lots within 300 metres of the lake (Section 5.2.8(a)(iii) of the Official Plan). The applicant has submitted an Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments which examines the potential impact the proposed lot will have on Buck Lake; factors evaluated include water quality, impact on lake trout habitat, impact on nearshore fish habitat and impact on species at risk. Based on extensive site and data evaluations it was determined that an appropriate building could be located at a distance of 40m from the high water mark. This is less than the 50m suggested by the conservation authority but this reduction is based on evidence of potential black rat snake nesting areas at the 50m to 60m setback. Additionally, at approximately 50m there is a large granite ridge which would cause significant environmental impact should it be required to be removed for construction as opposed to locating the building envelope between the 40m to 50m setback. The EIA also speaks to the identified septic location (and main source of increased nutrient loading) on the back slope of this granite ridge at a setback of 95m from Buck Lake as a reason for locating the building envelope at a 40m rather than 50m setback. The proposed lot will gain access from Twisty Lane and will be required to be rezoned from Rural to Limited Service Residential Waterfront. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: No Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: No

AGENCEY ANALYSIS AND COMMENTS After conducting several site visits and evaluating soil samples from the property the Ministry of the Environment and Climate Change (MOECC) has no objections to the application. Cataraqui Region Conservation Authority have no objection to the application provided development be set back a minimum of 50m from Buck Lake to protect the water quality and have suggested a site specific zone that details this setback, along with a requirement for site plan control. They have indicated a permit for development may be required depending on the location proposed for construction. KFL&A public health have no objection to the application provided the septic system is located greater than 45m from Buck Lake in the location identified and approved in consultation with the MOECC and Ontario Lake Assessments. This identified location is actually set back 95m from Buck Lake. Comments from Public Works were not required. The building department has no objections.

Page 57 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT CONDITIONS

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-34-17-L shall be for the creation of a 12 +/acre waterfront lot with a minimum of 91m (300 feet) of frontage on Buck Lake and a minimum of 76m (250 feet) of frontage on Twisty Lane.
  3. The right-of-way access over Twisty Lane to the lot created through Consent Application S-3417-L shall be surveyed according to the Township’s standard for new private lanes. The rightof-way access shall be recognized on the deeds of the lot to be access and the property over which it passes.
  4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
  5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  6. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
  7. The applicant shall rezone the lot to be created through Consent Application S-34-17-L from Rural (RU) to a Special Limited Service Residential Waterfront zone to reflect the site specific environmental concerns, building envelope and septic location. Please see Planner Lindsay Mills to begin this process.
  8. Prior to the issuance of a building permit the applicant shall enter into a Site Plan Agreement to be registered on title with the Township demonstrating the proposed development meets the required setbacks, which shows the location of the water access as specified in the EIA, and specifies that roof run-off be directed away from the lake into French drains.
  9. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact the Cataraqui Region Conservation Authority prior to any development on the property, or shoreline or in-water works, to determine the need for a permit.

ATTACHMENTS Map of Hamilton Property CRCA Report KFLA Report Environmental Impact Assessment by Ontario Lake Assessments Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 58 of 149

ROOST LANE

µ AD

Legend

BUR

H RT PE

RO

NT P OIN

T LA

NE

HAMILTON S-34-17-L

Hamilton Property Hamilton Proposed Lot

Buck Lake

Proposed Lot Retained Parcel

EN ROAD BILLY GRE

6799 Billy Green Road TW IS TY

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

LA

N

E

While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 59 of 149

Scale 1:4,667 0

20 40

80

120

160 Meters

UTM Projection NAD 83

.9. KFL&A Public Health

http://www.kflapub|ichealth.caCONSENT To SEVER Environmental

Health Department

File Number: S-34-17-L

Receipt Number:

SK-38-2017

Owner(s):

Hamilton, G & Milligan, C Ward / Former Township: Loughborough

M““l¢lP3l“V=

South Frontenac Lot:

Registered Plan:

Concession: 13

24/25

Plan of Subdivision:

Part(s):

13R16693

1, 2, 3, 4, 5, 6

General Description (existing buildings, surface features, slopes, site services for water

Severed:

Wooded, undulating, some rock outcrops,

Retained:

Existing cottage,

and sewage, etc)

waterfront

wooded, undulating, some rock outcrops,

waterfront

Soil type, depth and water table on each part of potential leaching bed areas. Indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable. Severed

Depth of Soil

Retained

0.0 m 0.3 m 0.6 m 0.9 m 1.2 m 1.5 m

N/A

Silty Sandy Clay

Percolation rate (estimated):

Percolation rate (estimated): T>50min/cm

NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.

Suitability for on-site sewage disposal:

SEVERED

Conditions:

Satisfactory

Unsatisfactorv

site ;.e,,,b.e

Site Specific

RETAINED

Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. »Proposed location is >45m from Buck Lake, area identified and approved in consultation with MOECC, Reg Genge, Lake Evaluator.

Conditions:

Satisfactory Unsatisfactory Site Flexible Site Specific

Inspector:

Gord Mitchell

CPHI(C), Public Health Inspector

Appro /

I

/ _

Date: lune 23 2°17

PLEASEFORWARD A COPY OF THE NOTICE OF DECISION TO KFL&A PUBLICHEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1-800-267-7875.

Page 60 of 149

Page 61 of 149

Ms. Jennie Kapusta (S-34-17-L) June 27, 2017

quality of the lake. Natural Hazards Flooding: The maximum recorded water level for Buck Lake is 133.16 metres geodetic. For Buck Lake, the maximum recorded water level is used in lieu of an engineered ?ood plain. The CRCA’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory ?oodplain of a waterbody. Based upon elevation mapping data, staff are satis?ed that there is considerable area for development to occur beyond the required setback from the ?ood plain on both the lot to be severed and the retained lot. Therefore, staff have no concerns with the applications from a ?ooding perspective. Erosion: Section 5.8.2(2) of the Zoning By-law speci?es that no building or structure or septic tank installation shall be located within a minimum of 15 metres horizontal of the top of bank of any embankment,the slope of which is greater than 30% from horizontal. The CRCA de?nes the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for rock of 1(h):1(v), plus an erosion access allowance of 6 metres. Staff have concluded that the lot to be severed and the retained lot contain suitable building envelopes outside of the erosion hazard setbacks described above. Therefore, staff have noconcerns with the applications from an erosion perspective. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Of?cial Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, the CRCA’s Planning Policy (April, 2015) contains provisions that seek to support these

objectives. The Of?cial Plan recognizes the need to minimize impacts to water quality by reducing phosphorous inputs, preventing erosion and maintaining natural appearances. Accordingly, policies have been included that can vary the setback from the highwater mark from 30 to 90 metres depending on the site characteristicssuch as steepness of slope, vegetation cover, soil depth and soil phosphorus retention. Policy 6.1.6 of the CRCA’s Planning Policy suggests that development setbacks should be based on the ?ndings of lake management plans and site evaluation guidelines if available. For Precambrian shield lakes such as this –one, G Policy is used Luto establish anan Iu|1II1IIl.I' —. Appendix -.-of appropriate setback I.-. the Planning I. -.|.I.I.|.I |.u|.:| -I for p31; -||.1.-.-|.I-.I.I. :1future development. JLpp:u.hI.E|nuirId.:Ip:t=:n.nd-‘umar?u1r.jr?¢f.rgp-,.1.;;g.|L? Appendix G was developed in consideration of the ?ndings of a report entitled -‘I-l|=l’l-I’|Il’I’I|I|EI|!I?Il|2?. “Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s ‘I1?H?.Im£H5E.:£dnJ3ihEu?.¢:Hnkh’uhIhl’fm|???;*m1h£n1udnu’. Lake Country” completed by Hutchinson Enviromnental Sciences Ltd. (April, 2014). These Li-=’?u-c?a-‘v==?n=dh:-H?d’m==|EnfrHnrnd?a:+rnmuL¢hpiLiI]l4J I’.’n.::.:nd.utu.guidelines h’|i=I-=I-hI’i-I=dI| de?ne a horizontal water setback distance based upon characteristics such as soil depth, slope and I’ItI’-hIi’?=H’?t-u+1I.::-:n-.1-nu-.nn-.:h-:udupn.u:-gnu: vegetation ‘I’|=I=|l|=|I=l|iI|=l=I!E|ll3lI=l’lI|‘l’|Il along the shoreline. Based upon available information, the recommended minimum depth of P|I!I1|.l-Il?n-u.IH::?J’:l|.i-u.llr:I%.mdl|:=lrLn1.1H;a1.:{ shoreline buffer for development for the proposed lot to be severed should be 50 metres to protect the *?ihl’HH"hf5|‘H1lHH1FJl:pI.p=il?hh::aud?n?m?JrJn1.?pf¢qp¢:|1: water quality of Buck Lake. ’lI’l|Il’|.’_|-IlJl[|’-i|TEl.|Ii.|’.«I.|.|:. T

|.—.

|.:.u

|.—.I.||:.

order to ensure that future residential |.z|I.I.Ir.q|.I1.|,I_3p_1| In development is consistent -p|u|1-l_|§-|_-j_13: u-.-I-.I-.l with the 50 metre setback noted staff above, recommend that additional controls be placed on the proposed new lot. .I.-|.u-up.-unnalg.-_I: Ihw.r|d’rn=n==Id?-?Id?‘m1lnr=cIIt-uh:-¢1nuIlr;:upnuJmuLuL More speci?cally, it is recommended that the proposed lot be rezoned to a site-speci?c waterfront residential zone that |l|’|=|=|=l=|=|=|Il=|I=|Il=|H’-l=||=|‘I|I|‘l’|‘I|:-‘I|IlI1 52IltIE'7n’I.Im|Ih:i:I.n-q:::iH:r?n’!|’:::r_lum’.IJ:.’np?.|’| I.-.|.-.|.-.|.|.u.|.I.|.lu

Page 2 of 3

||.I.I.:.|.|.u

Page 62 of 149

Recommendation Staff have no objection to the approval of application S-34-17-L provided that development be set back a minimum of 50 metres from the high water mark on the severed lot to protect the water quality of Buck Lake. To achieve this, staff recommend rezoning the severed lot to a site speci?c waterfront residential zone requiring a 50 metre setback for development and that the severed lot be subject to site plan control.

The CRCA, under Ontario Regulation 148/06: Development, with Wetlands, and Interference I‘ I 2 I I 2 I I 2 Alterations to Shorelines and Watercourses, regulates development within 15 metres of a ?ood plain or erosion hazard, and within 15"I’II’—fII:I metres of the top of valley. Therefore, a permit may be required for 2——’ I—’—‘I-EIJI-I-I-I1IJ’ZI1TI’ proposed development on the severed and retained lots. The applicant or future owners of the lands will be required to contact the undersigned at the building permit stage for more information regarding ‘m’L_un“nmHh‘lAf” permitting requirements under Ontario Regulation 148/06. Please notify this of?ce of any decision made by the Committee with regard to this application. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by email at aschmidt@crca.ca.

Page 63 of 149

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SEVERANCE APPLICATION

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Executive Summary

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The following report examines the potential for environmental impacts as the result of creating a new residential lot on the South Basin of Buck Lake. Buck Lake is designated as ‘highly sensitive’ by the MOECC and is recognised as such in the OP and Zoning By-law for South Frontenac Township. This designation does not allow for the creation of new lots unless very stringent requirements of MOECC can be achieved.

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The Natural Heritage Features and Functions of concern with this application is of course the water quality of Buck Lake; the potential for impact on lake trout habitat; the potential for impact on nearshore fish habitat and also the potential for impact on species at risk.

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Each of the above factors were examined in detail, both through a field presence and review

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of the relevant print material. In addition, satisfactory outcomes were determined and achieved through the cooperation of staffs from MOECC, the KFLAHU and the staffs of the Township of South Frontenac.

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As such, the findings indicate support for the application and recommendations are provided to achieve a low impact development with this approval.

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1.0 INTRODUCTION /BACKGROUND

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2.O BACKGROUND INFORMATION

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1 2.1 Buck Lake (South Basin) - Location and Physical Features 2.2 Buck Lake (South Basin) - Water Quality and Lake Modeling Results 2

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3.O SITE EVALUATION APPROACH

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4.O SITE LOCATION

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5.O DESCRIPTION OF EXISTING LOT OR PARCEL

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6.0 WETLAND and ENVIRONMENTALLY SENSITIVE AREA

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7.O SPECIES AT RISK/THREATENED OR ENDANGERED SPECIES

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7.1 Eastern Rat Snakes

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7.2 Common Musk (Stinkpot) Turtles 7.3 Blanding’s Turtle 7.4 Northern Map Turtles

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8.O FISH HABITAT

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9.O PROPOSED LOT TO BE SEVERED

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10.O SOIL CHEMISTRY and PROPOSED SEPTIC LOCATION

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11.O SUMMARY

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12.O RECOMMENDATIONS

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APPENDICES

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Appendix 1- Lake Partner Program (MOECC) Phosphorus Data

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Appendix 2 - Soil Test Results

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Figures/Maps

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Figure l- Topographie Map 31 C/9 Westport

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Figure 2 - Google Earth Image

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Figure 3 - Severance Sketch / Property Survey

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Figure 4 - Type l and Type 2 Fish Habitat

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Photographs

Photograph l- Type 1 & 2 Fish Habitat - Proposed Lot to be Severed Photograph 2 - Type 1 & 2 Fish Habitat - Proposed Water Aecess Point Photograph 3 - Proposed Floating Dock Location Photograph 4 - Three Metre Depth Test Hole Photograph s - Proposed Septic Location in Backslope Area Photograph 6 - Proposed Septic Site in Backslope

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Page 67 of 149

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1.O INTRODUCTION / BACKGROUND:

The proponents, George Hamilton and Carol Milligan, wish to sever one parcel from an existing lot of record on the east side of Buck Lake (South Basin) in Loughborough District. The existing 19.O ha (47 ac) parcel contains one cottage and a workshop/storage shed; there is on the order of 732+ m (2,400 ft) of shoreline. The propeay is on Concession 13 ; Part Lots 24 & 25 ; 1051 B Twisty

Lane.

The property fronts on Billy Green Road to the east and on the shoreline of Buck Lake to the west; the proposed new lot will not have frontage on Billy Green Road. The parcel to be severed will have approximately 21 3m (65 0 to 750 ft) of shoreline on the lake and will be accessed from T’sgvisty Lane. The retained portion is designated as managed forest and residential; the proposed parcel to be severed will also be managed forest and residential. The proposed parcel to be severed will be 4.86 ha" (12 ac) in area. The property is zoned mral; when the severance is approved a re-zoning

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to limited service residential - waterfront zone (RLS o will be required for the new lot. Buck Lake is managed by the Ministry of Natural Resources and Forestry (MNRF) for a lake trout fishery and has been determined by the Ministry of the Environrnent and Climate Change (MOECC) through both lake modeling and the evaluation of water quality data to be highly sensitive to increases in nutrient loading. As such, Buck Lake (South Basin) is identified as highly sensitive in the Official Plan (OP) for South Frontenac Township and on the Land Use Plan Map (Schedule A) to the OP and also as such in the Comprehensive Zoning By-Law 2003-75. The highly sensitive designation prohibits the creation of new waterfront lots unless it can be demonstrated to the satisfaction of MOECC that site conditions prevail that will result in nutrient containment.

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This EIA demonstrates, that for this application as proposed, the strict and protective conditions required by MOECC can be achieved and that there will be no impact to the water quality of Buck Lake as a result.

2.O BACKGROUND INFORMATION

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2.I Buck Lake (South Basin) - Location and Physical Features *

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Municipality - South Frontenac

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District(s) - Bedford, Storrington and Loughborough Districts

Watershed - Cataraqui River Watershed

Bedrock - Precambrian Shield

Watershed Area - 51.28 krn2 Lake Area - 4.910 x 106 m3 Lake Volume - 60.990 x 106 m3

Maximum Depth - 41.0 metres Mean Depth - 12.4 metres

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The Provincial Water Quality Objective (PWQO) for phosphoms is 10 ug/L for oligotrophic lakes that are naturally below that level. A review of the MOECC Lake Partner Program sample results from 2002 to 2015 inclusive, show that Buck Lake (South Basin) is close to the 10 ug/L objective. The average total phosphoms (TP) is between 9.5 ug/L and 10.3 ug/L for that period of record (see Appendix 1). As such every effort should be made to manage phosphorus levels at or below the 10 ug/L threshold.

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Buck Lake (South Basin) is a deep oligotrophic lake containing a cold-water fishery and is managed by MNRF as a lake trout lake with a natural reproducing population. While it appears

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fairly-large in both area and volume, it ranks only 40’ largest by volume and 41st largest by area,

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when compared to 52 other lakes in the above mentioned report; it ranks only 29’ of the 53 lakes when comparing the warm surface water volume to the cold water voliune. The warm water

volume (38 x lO6m-’) at the end of the summer is almost two times larger than the cold water volume (23 x 106 m3). It is this factor that most contributes to the lake sensitivity. Buck Lake (South Basin) was classified as moderately sensitive in the above report. While the lake modelling undertaken in the above mentioned report is still valid today, changes in the oxygen objective has resulted in a reclassification to highly sensitive.

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Since the writing of that report, there is a new PWQO for oxygen and a new methodology has been developed to evaluate and classify lake trout lakes. The PWQO requires a mean voliune weighted hypolimnion dissolved oxygen value of 7.O mg/L. Using the data from both historical and more recem measured oxygen profiles, the MOECC determined that the south basin of Buck Lake could not meet the 7.0 mg/L objective and on that basis re-classified the basin as highly sensitive. This designation is recognized in the Official Plan (OP) (p.2 1 ) for South Frontenac Township (Personal communication V. Castro, MOECC). Each of the water quality data, the lake modeling and the ‘highly sensitive’ lake designation are accepted at face value and are considered to be correct and appropriate for Buck Lake. As such, Section 5.2.10 (p.24) of the OP is satisfied and therefore a new lake impact assessment inclusive of lake modelling is not a required to fulfill the conditions of this EIA.

3.O SITE EVALUATION APPROACH:

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The evaluation of this site for the potential to sever one new lot on Buck Lake (South Basin) was undertaken with a view to satisfy the requirements of the Township of South Frontenac OP (March 2003) and the Comprehensive Zoning By-Law 2003 - 75. This approach includes Best Management Practices (BMP) not only for the retained lot but also for the proposed new lot that are protective

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Page 69 of 149

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of the shoreline buffer area, the lake riparian area, fish habitat and the water quality of Buck Lake (South Basin).

Accordingly, every effort has been made to address the following sections of the OP:

  1. Section 5.2 (Environmemal Protectiotx) (p.l4) addresses development requirements for areas designated Environmental Protection; this designation applies to alL wetlatxds, lakes and watercourses. This designation requires a 30 metre setback from lakes, fish habitat, and wetlatads zoned EP.

  2. Section 5.2. 7 (p.l9) (Environmentally Sensitive Areas) . … includes all lands within 90 metres (295’) of the high water mark of lakes and rivers. …

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5.2. 7 (a)(i)Council may permit development and site alterations within and adjacent to Environmentally Semitive Areas ….. when an Environmental ImpactAssessmem . … indicates no rxegative impacts on naturalfeatures or the ecologicalfutictioris occur.

  1. 5.2. 7(a) (vii)(p.l9) ….site plan control will be used where appropriate to implemem remedial measures/mitigation measures identified by an Environmental Impact Assessment.

  2. 5.2. 7 (b)(p.l9) (Policies for Development and Site Alteratio’ti Adiacem to Lakes arid Rivers) 5.2. 7 (b)(i) ‘,471 lands within 90 metres of the high water mark of all lakes and rivers which are not designated EP are included as Environmentally Sensitive Areas’. Vegetation iti the setback area should be disturbed as little as possible consistent with pedestrian passage, safeffl, provisioti of views and ventilation.

  3. 5.2. 7(b)(ii)1)(p.20) On lots created subsequent to the approval of this plan and having steep slopes, minimal wood vegetation, thin soils and soils with poor phosphorus retentioti capabiliffl, setbacks of up to 90 metres (295’) may be required. 2) On lots created subsequem to approval of this OP which have fewer constraims, reduced setbacks are permitted with an absolute wiiniwumi of 30 metres (98’) for ideal sites.

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  1. 5.2. 7(b)(ii)4)(p.20)Development and/or site alterations proposed within 30 metres (98’) of the high water mark will require an Environmemal Impact Assessment . iiiiii*.
  2. Section 5.2.8 Lake Trout Lakes (p.22) ,4// development or site alteratiom proposed within 30 metres of the high water mark will require the submissioti of an Environmental Impact Assessment prepared in accordance with Section 5.2.11. A Lake ImpactAssessmem prepared in accordance with Section 5.2.10 of this plan may also be required.

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All development or site alterations on or adjacem to a sensitive lake trout lake will be subject to Site Plan Comrol.

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  1. Section 5.2.10 (p.24) (Lake ImpactAssessmems) This section indicates that developmem next to any waterbody has the potential to txegatively impact on water qualiy atxdfisheries. A Lake ImpactAssessment (LIA) must be prepared by a qualified

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individual in consultation with and to the satisfaction of the mtmicipaliffl atxd the

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  1. Section 5.2.11 (p.24) (Environmental ImpactAssessment) This section addresses any development or site alteration within or adjacem to any Environmentally Sensitive Area, Provincially Significant Wetland… .. ., or within 300 metres of a sensitive lake trout lake, Council in comultation with the Conservation Authoriffl, will require a preliminary Environmemal Impact Assessmem (PEIA). Should the municipal’$ determine from the results of the prelimirxary assessmem that a more detailed Environmental ImpactAssessmem (EIA) is required, it shall be prepared by a qualified individual and shall consist of the elements of Section 5.2.11 (a), (b), (c), (d), (e), and (7) of the OP (p24 &25). Likewise, every effo.rt has been made to address the following sections of the Comprehensive Zoning By-Law 2003 - 75:

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l) 5.8.2(p.30) …. no builditxg or structure ……. or septic tank installation including the weeping tile field shall be located : 1. within a minimum distance of 30 metres (98.4’) horizontal of the high water mark of a waterbody….. . Additional setbacks of up to a maximum of 90 metres (295.3’) horizontal may be required ii*ii**. 2) 5.8.4(p.31) Natural vegetatioti buffers should be maimained within 30 metres (98.4’) of the high water mark.

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  1. 5.3 7.1 (p.4 7) Environmentally Sensitive Lands idemified on the schedules to this by-law include all lands that have ….. fish habitat, significant wildlife habitat, iiiiiiiiii., a// lands within 300 metres of the high water mark of highly semitive lake trout lakes and 90 metres of the high water mark of any other waterbody, 50 metres from Areas of Natural and Sciemific Imerest and significam portions of the habitat of an etidangered or threatened species, 30 metres from fish habitat, ….. . ,4/I Environmental Impact Assessment shall accompany a// development or site alteration applications.
  2. 8.3.1 ZONE REGULATIONS (p.61) For Single detached or Seasonal Dwelling Minimum LotArea - 10,000 m2 (107,642 fl2) Minimum Water Frontage - 91 metres (300’) Minimum Setback from the High Water Mark - 3 0 m (98.4’)

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4.O SITE LOCATION:

The property is located on the east shoreline towards the south end of the south basin of Buck Lake. The legal description is Part Lots 24 & 25; 1051B Twisty Lane; Concession 13; District of Loughborough, Township of South Frontenac (Grange W. Elliot Ltd. 1996). To get to the property

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Page 71 of 149

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take Perth Road to the Opinicon Road, then Maple Leaf Road, then Billy Green Road to 1051B Twisty Lane. The property is indicated on the 1:50,000 topographic map (Westport 31/C9) and the Google Earth image (below). The property is zoned rural.

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Buck Lake (South Basin) is a basin in the Cataraqui River Watershed and is downstream from the north basin of Buck Lake. Both are located on the Frontenac Axis portion of the Precambrian

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Shield. The majority of the watershed is forested but historically contained small homesteads with small plots of cleared land; there are active farming practices within the catchrnent for the South

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basin of Buck Lake. Most lakes in the area are developed with permanent and seasonal residences.

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The majority of the shoreline of Buck Lake is developed; there were 15 permanent residences and 191 seasonal residences and 100% of the shoreline is patented lands (MOE/MNR Inland Lake

Trout Management in Southeastern Ontario 1993). This is dated information for Buck Lake; the reality is that many conversions to permanent residences have occurred since the publication of the above report.

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5.O DESCRIPTION OF EXISTING LOT (PARCEL):

The existing lot is 19.0" hectares (47.0" acres) in size (see survey Figure 3 below). The property fronts on Buck Lake (South Basin) with the majority of the area of the property extending inland

and easterly to the Billy Green Road. The south end of the property is traversed by Twisty Lane that provides access to the cottage on the proposed retained portion plus two additional cottages on adjacent properties. An unopened road allowance exists along the southern boundary between Concessions 12 &13.

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The shoreline fronting on Buck Lake is approximately 732+ m (2,400 ft) in length. Much of the shoreline rises quickly from the water and is mostly granite outcrop (see photograph 1, below). The water depths along this shoreline drop off quickly, roughly six metres of depth at six metres

off shore; depths verified June 26, 2017, during in-water shoreline survey.

The interior is very tugged undulating terrain with bare rock outcrops interspersed with areas of deep soils in valley areas typical of Precambrian Shield areas on the Frontenac Axis. Using Google Earth & a GPS, the elevations (1 33m ASL at lake, June 26, 17 GPS) rise sharply from the lake, a 6 m rise at lOm from shore (GE), then to a 12m rise at 50m (from shore GPS). The high point elevation is l 77m ASL at 1 70m from the lakeshore. A valley lays inland and parallels the lakeshore at a distance of 60 to 80 m from the lake that has deep underlying soils in excess of 3m (1 0’) in depth, soil depth confirmed Jiu’ie 218’, 2017. The valley acts as a small catc?ent for the runoff from the high elevations to the east and contains a small ephemeral flow during the freshet; it is !.Q! indicated as ES (Environrnentally Sensitive) on Schedule B in the Zoning By-Law. This flow discharges between the two neighboring properties.

A small intermittent stream flows along the southern boundary and alongside Twisty Lane and delivers spring freshet flow into the lake. This stream provides drainage from a large wetland

located off the property south of the Billy Green Road.

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The property is well treed with a mixed deciduous forest containing white cedar ? occidentalis), red oak (puercus velutina), sugar maple (Acer saccharum), white birch ? papyrifera), ironwood (Carpinus caroliniana), basswood (7’ilia Americana), and white pine ? ?.along Juniper bush (Juniperus horizontalis) is located sporadically along the shoreline and and over rock outcrops.

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6.O WETLAND and ENVIRONMENTALLY SENSITVE (ES) AREA

There is a small area on this property that is indicated as wetland on Schedule A to the OP; it is the same area indicated as ES on Schedule B to the zoning By-law. The identified area on the above schedules is located in the northern extent of the proposed retained portion of the property at a distance of l08m " from the proposed septic site and an even greater distance from the proposed building envelope; this ES area will in no way be influenced by the creation of this proposed lot.

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7.O SPECIES AT RISK / THREATENED OR ENDANGERED SPECIES

This property shares a lakefront that also has shoreline fronting on Frontenac Provincial Park in the north basin of Buck Lake. Frontenac Provincial Park is a threshold wilderness park included in the United Nations Educational, Scientific and Cultural Organization (UNESCO) designated Thousand Islands-Frontenac Arch Biosphere Reserve. This {JNESCO designated area also includes the Thousand Islands National Park and extends into Adirondack State Park in New York

State. The UNESCO designation applies to all lands, both public and private, in the geographic

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area known as the Frontenac Arch and includes this property.

Three threatened species of turtles and eastern rat snakes are found within the park and locally and are considered to be Species at Risk (SAR). These are Eastern Rat Snakes (Elaphe obsoleyq? obsoleta’), northern map turtles (Gra2temys geographica), common musk turtles (Stenotherus odoratus5, and Blanding’s Turtles (Emvdoidea blandingii ‘) as well as many other species.

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In order to address these concerns, the author has communicated with Dr. Gabriel Blouin-Demers,

Professor at Ottawa University and Dr. Patrick Weatherhead with the University of Illinois Ecology and Evolutionary Biology Program; both persons have completed studies on these species in eastern Ontario.

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7.1 Eastern Rat Snakes (Elaphe obsoleta obsoleta)

Eastern rat snakes are common from New England to the southern states; in Ontario the species occurs in only two locations, north of lake Erie and in the area of the Frontenac Axis, roughly Westport to Gananoque. Eastern rat snakes are tree-climbing constrictors that prey on birds and small rodents. This large and docile snake is sulject to human persecution due to ignorance; it is protected under Ontario’s Fish and Game Act. This snake is common in the U.S. and receives no special status. One of the key measures identified for protection of this species is the identification andprotectionofhibernacula(informationfrom-“r, Z t {,E l-,. -). -, i=,t ) Dr Blouin-Demers indicates that rat snake hibernacula are difficult to find. In his 1 s-year experience the only way to know for sure is to equip snakes with radio transmitters and follow them to hibernacula sites. The snakes are known to use the same sites year afl:er year. Dr. Weatherhead also confirmed the need to use telemetry to follow snakes to hibernation sites. Hibernation sites are anywhere a dry cavity can be located below frost level.

Dr. Weatherhead did indicate that the probability of a cottage being placed on a hibernaculum is very remote because the density of hibernacula is so low. He has made a very proactive and practical suggestion as a mitigative measure to protect the snakes during the constmction phase.

Excavation and building should only be permitted during the period June 1st to September 30th when snakes have left their hibernaculums in Eastern Ontario.

This property, both the retained and the proposed parcel to be severed, contains prime habitat for eastern rat snakes. There is lots of woody debris (deadfalls) that provide nesting sites for egg laying and much of the granite ridges have broken rock rubble along their bases that could provide entry points.

ONTARIO LAKE ASSESSMENTS

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There is no evidence of possible hibernaculum sites in the proposed building envelope located

at a distance of 40m from the lake. There is however a large granite ridge with much broken rock and fissures at the 50-60 metre setback that e333? contain caverns that are suitable for below frost hibernaculas for this species. For this reason, and due to the large setback of the septic bed (the primary nutrient source) it is recommend that relief be granted from the 50m setback down to a 40m setback for the structure in order to protect any potential hibernaculum that might be located at the 50-60m distance.

This recommendation is in keeping with Section 5.2. 7(b)(ii)2)(p.20) On lots createdsubsequent to approval of this OP which have fewer constraims, reduced setbacks are permitted with an absolute minimum of 30 metres (989 for ideal sites. The sewage system setback and the soil chemistry guarantee that nutrients will be contained therefore some relief from topographical constraints and in this case a potential SAR habitat can be granted. A building setback at 40m distance is a reasonable compromise. 7.2 Common Musk Turtles (Stinkpot Turtles)

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The common musk turtle or stinkpot turtle has a range over much of eastern North America from the Gulf of Mexico to Ontario. In Ontario it is largely associated with the sedimentary bedrock area south of the Precambrian Shield. It prefers shallo’y slow moving water typically associated with @arshes and wetlands. Musk turtles do not bask in the sun on land; instead they bask at the water surface. Musk turtles are protected in Ontario under the Fish and Wildlife Conservation Act. Tbreats to this species include habitat loss and collisions with boat propellers (infomation from 7, y-yh ic -= r-,., -.a ocyy=a- ,.-‘L “}a) Dr Blouin-Demers believes that the issue of boat collisions with basking musk and Blanding’ s turtles is not an issue because of their preference for marshy wetland areas.

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There is no habitat on the proposed lot for stinkpot turtles.

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Blanding’s turtle range is from southwest Quebec to southwestern Ontario through the Great Lakes Region west to Iowa and South Dakota and Missouri plus scattered locals in the New England states. This species is found in lakes, ponds, and marshes with productive eutrophic habitats with soft organic bottoms and abundant aquatic vegetation. Blanding’s turtles often travel inland considerable distances to lay eggs; this results in significant mortality to turtles in high-density road network areas.

Wetland alteration or destmction is believed to be an important factor in the decline of several populations of Blanding’ s turtles. The pet trade industry has also been identified as responsible for declines in Blanding’s and map turtle populations. Dr. Blouiii-Demers believes that the issue of boat collisions with basking musk and Blanding’s turtles is not an issue because of their preference for marshy wetland areas.

Blanding’s turtles may frequent the forested areas of the property but the development activity associated with this proposal will not impact vital habitat for this species. ONTARIO LAKE ASSESSMENTS

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7.4 Northern Map Turtles

The northern map turtle ranges from the Great Lakes down the Mississippi River to Louisiana and east to the Appalachian and Adirondack Mountain barriers. It also occurs in Ontario from Georgian Bay south to Lake Ontario and down the St. Lawrence to Montreal area. The northern map turtle is not well studied and there is not much evidence to support the position that there has been any

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decline. Population declines have been documented in southwestern Ontario where up to 70 % of

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Map turtles are more of a lake dwelling species that is extremely wary and will dive at the slightest provocation (information from s-=,o; i >,?; .?,l ::alcy?i,ai z/>sz. ) Despxte th?rs behavtor Dr BlouxnDemers reports that on the Rideau and St. Lawrence River many map turtles are injured or wounded by boat propellers. These waterways experience heavy boat traffic and fast bass boats and PWCs. Map turtles in Ontario are protected under the Fish and Wildlife Conservation Act. Several map turtles and one snapping turtle were observed basking on rocks close to the Buek Lake boat launch on June 26, 2017. There is no aspect of this proposal that will impact this species. 8.O FISH HABITAT

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The shoreline in front of and adjacent to the proposed new lot was examined June 26’, 2017 and large portions of the shoreline were determined to be habitat that would be considered Type 1 or Type 2 fish habitat by the MNRF.

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Type 1 fish habitat is considered by MNRF to be critical to the overall productive capacity of the fishery. It includes: spawning areas for species with stringent spawning requirements (e.g. coarse rock mbble and boulder size substrate for lake trout spawning shoals; small coarse sand and gravel substrates for bass and centrachidae to spawn); essential rearing and nursery areas for young fish and forage species; very productive feeding areas such as macrophyte beds; refuges (e.g. youngof-year small mouth bass require rocky areas in which to hide to avoid predation); plus many others.

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Type 2 fish habitat while still important is not a limiting factor to the overall productive capacity. Type 2 fish habitat includes feeding areas for large fish; cool shelter and shaded refuge areas; plus others.

For Buck Lake (South Basin), of particular interest is the need to protect lake trout near-shore spawning shoals from alteration or harm as a result of dock placement and other human intmsions at the shoreline etc. Lake trout spawning shoals are usually shallow (< 1 .0m depth) bolder shoals and near-shore sites that are exposed to high energy wave wash. Additionally, pea gravel spawning substrate for large and smallmouth bass and near-shore nursery habitat could be of significance.

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ONTARIO LAKE ASSESSMENTS

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The entire in-water shoreline was examined and photographed on June 27, 2017. Much of the documentation of that site visit is recorded on the photographs that follow. The majority of the shoreline drops off relatively quickly into deep water (6-8m) within 6-8 metres from shore. There are several Type 1 habitat locations where suitable substrate and site conditions exist for potential lake trout spawning use; these are not prime sites (locales) but rather may be ancillary locations (Figure 4 below). Lake trout spawning shoals typically are found near points of land on downwind shorelines in high energy wave wash zones. There is very little suitable habitat for small and largemouth bass spawning along this shoreline, only two redds were located that were active this spring.

Much of the Type 2 habitats identified in Figure 4 are characterized by aquatic vascular plants dominated by tape grass and coontail. Both provide nursery habitat for bass and centrachid species; many small fish were observed in the grasses and the accumulated woody debris. The littoral zone area at the site of the proposed water access for the proposed new lot has a soft

org:‘mic substrate. It is an accumulation zone here that provides a substrate that encourages a healthy growth of submergent and emergent vascular plant growth (see Photographs 2 and 3 below). Many small centrachidae and minnows were observed here as well as an adult bass. Similar conditions are also located at the mouth of the creek that outlets to the lake near the southern boundary of the property.

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ONTARIO LAKE ASSESSMENTS

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9.O PROPOSED LOT TO BE SEVERED

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The proposed lot to be severed is 4.86 ha” (12 ac+) in size with 198m to 229m (650 - 750’) of

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water frontage. Much of the shorefront rises sharply from the water and makes for difficult water access with the exception of one location where there is a natural depression in the shoreline topography that leads to the water.

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The shoreline at tis location rises with a slope of about 60% for the first lOm inland from shore and then declines to a more moderate slope of 20% firom the 1 0m mark to about 45 metres inland;

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the average slope overall is 29%. Soil depths in this foreslope area are generally shallow (< 25cm)

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with broken rocIk rubble at the surface. The foreslope area is considered to be undisturbed forest

and is very well treed at present with lots of dead woody debris on the forest floor. Section 5.2.7b)(iii) of the OP references the ‘Rideau Lakes Basin Carrying Capacities and Proposed Shoreland Development Policies’ for guidance in determining setback distances for development. Using that scoring methodology the setback for development should be 50m from the waterfront for the building envelope and the septic bed.

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That scoring works well for this lot with the exception that it does not take into consideration the opportunity for the backslope location of the septic bed, the 90m setback distance of the septic bed nor the soil chemistry.

Beyond approximalely 40 m from the shoreline a granite outcrop occurs and the topography then drops into a valley behind. The opportunity exists to locate a septic system in this valley/backslope area at a distance of 80-90m from the lake. It is the location of the site that was excavated and

agreed upon with the MOECC and the KFLAHU.

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Sectiotx 5.2. 7(b)(ii)1)(p.20 of the OP) states “On lots created subsequent to the approval of this plan and having steep slopes, minimal wood vegetation, thin soils atad soils with poor phosphorus retention capabiliffl, setbacks of up to 90 metres (295’) may be required. 2) On lots created subsequent to approval of this OP which have fewer constraints, reduced setbacks are permitted with an absolute mitiimum of 30 metres (98’) for ideal sites.

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For the aboye reason and for the SAR diseussion it is reeommended that a 40m setback from

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the water in every direction for the residence is the optimum compromise.

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10.O SOIL CHEMISTRY and PROPOSED SEPTIC LOCATION:

Discussions began with Victor Castro (MOECC) in the fall of 2016 to determine the requirements of the Ministry to create a new lot on Buck Lake. It was explained that the only circumstance where a new lot could be created was essentially a total containment of nutrients originating from the septic bed. To satisfy this request the parent soils would have to have:

  1. 1% of both Al and Fe and also have < 1% CaCO3 equivalence by weight,

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  1. three metres of parent material soil depth below the septic bed and
  2. 1.5 m of parent material above the saturated zone (water table)*.

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*The above are delineated in the Lakeshore Capacity Assessment Handbook May 2010 p. 38 and

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To satisfy these requirements soil samples were collected from the aB’ soil horizon and the bottom of a 1.6 metre test hole on October 29?, 2016 and submitted to Caduceon Environmental Laboratories for analysis. Due to difficulties getting CaCO3 analysis on the samples the MOECC agreed to undertake this additional testing (see Appendix 2 for test results). The soil results were

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all favourable and therefore satisfy requirement #1 above.

In order to satisfy requirements #2 and #3 above, Victor Castro and Gord Mitchell agreed to meet on site to determine a test location for the septic system and witness the excavation; this was completed on June 21sf, 2017 (see Photographs 4, s, and 6 below).

The excavation confirmed >3.Om of soil depth; the surface 0.5m was brown forest soil containing lots of decomposed organics; the depths below that consisted of a brown-gray coloured clay; there were very few rocks. The presence of the clay soils at depth necessitates the need for a raised filterbed. In addition, the excavation to a depth of 3.Om did not intercept any water and the excavation remained dry despite the spring of 2017 being the wettest spring on record.

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This site is in a backslope area 80-90m horizontal distance from the lake and approximately 300 rn” from the lake in a circuitous flow path through a forested valley; the parent material soil chemistry is known to bind phosphoms in perpetuity and with heavy clay parent soils that is also known to remove nutrients. The parent soil depths are > 3m deep and therefore a raised bed will also >3m above the water table.

The site conditions for the septic satisfies all the requirements of MOECC and the KFLAHU for approval of this lot.

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Photograph 6 - June 21, 201 7 0L4 11.O SUMMARY:

This proposal and this site are unique and therefore not to be considered precedent setting for the following reasons:

  1. The proposed lot size is large (4.86 ha”).

  2. The proposed lake frontage is large (213m :!-).

  3. The septic location is in a backslope area with a circuitous flow path of 300m-!-.

  4. The septic bed location is 80-90m setback distance from the lake.

  5. The septic location has >3m depth of soil parent materials.

  6. The parent soils are high in Al and Fe and are low in CaCO3 and therefore bind nutrients and meet all the requirements of MOECC for highly sensitive lakes.

  7. The water table is >3 metres below the surface at the proposed septic bed location.

  8. The septic system will be a Class IV system with a raised bed and will meet all the requirements of the KFLAHU

  9. Given the location of the septic system and the safeguards achieved regarding nutrient containment, there is opportunity for some flexibility in terms of the required setback from the water for the residence in order to accommodate terrain constraints. The front of the building envelope should be allowed within of 40m horizontal distance in all directions.

  10. The proposed water access site does not have any lake substrate suitable for lake trout spawning.

  11. The proposed water access point can accommodate a floating dock with minimal impact on the Type 2 fish habitat in the confined/protected bay. A recommendation

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ONTARIO LAKE ASSESSMENTS

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Page 84 of 149

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for plaeement of this dock is included; final placement will require approval from the CRCA.

  1. There are no species at risk issues with respect to the building envelope, the septic location, the driveway construction or the waterfront access. 12.O RECOMMENDATIONS:

The lot should be approved conditional upon proceeding by way of Site Plan

The setback for the residence should be 40m-!- horizontal distance from the water in

Control. all directions. 3. 4.

s. 6. 7. 8. 9.

Rain gutters and roof leaders should be directed into a soak away pit or french drain; the drain to be to the rear of the building if possible. The septic tank must be located in the backslope area; the septic bed must be located at the site of the test excavation; 80-90m from the lake. The proposed access to the shoreline must be at the site indicated in this report. Access to the water must be by way of a floating dock; final permits for location and shoreline alteration to be arranged with the CRCA. The natural trees/vegetation in the 40m setback must be maintained in a natural state; allowing for minor trimming and clearing to create a view and ventilation. No maintained ’lawn’ area is to be permitted within the setback. Best Management Practices to be used for the duration of the construction period to contain sediment and debris on site; e.g. staked hay bales across the downslope in front of the building envelope.

Prepared By:

alA74. ffi Reginald E. Genge (Hons. B.Sc.) Principal Ontario Lake Assessments

qenge(ixplornet.ca 613-376-3863

ONTARIO LAKE ASSESSMENTS

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APPENDIX 1

Lake Partner Program (MOECC) Phosphorus Data

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APPENDIX 2

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Soil Test Results - Caduceon Environmental Laboratories

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Minstry of Environment and Climate Change

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CERTIFICATE OF ANALYSIS Final Report

F r Nent comm!tted. Quality assured. C.0.C.: G63784

REPORT No.-Bi 6-35600-

Report To:

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Caduceon Environmental Laboratories

Ontario Lake Assessments

285 Dalton Ave

3654 Stage Coach Rd, RR#3

Kingston Ontario K7K 6Z1

Harrowsmith Ontario KOH IVO Canada

Tel: 613-544-200al

Attention: Reg Genge

Fax: 613-544-2770

l

:] l

DATE RECEIVED: 29-Nov-16 JOB/PROJECT NO.: G.Hamilton DATE REPORTED: 05-Dec-16 P.0. NUMBER:

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SAMPLE MATRIX: Soil

WATERWORKS NO.

1 J l

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Client 1.0.

Sample A

Sample B

, Sample l.D.

B16-35600-1

816-35600-2

06-Nov-16

06-Nov-16

Date Collected

l Relerence

Date/Site

Method

Analyzed

10

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05-Dec-1 6/O

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R.L. = Reporting Limit

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Test methods may be modified from specified reference method unless indicated by an "

Michelle Dubien

Lab Manager

Site Analyzed=K-Kingston,W-Windsor,O-Ottawa,R-Richmond Hill

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The analytical results reported herein reTer to the samples as received. Reprodudion of this analytical repor( in full or in part is prohibited without prior consent from Caduceon Environmental Laboratories. Page 1 of 1 .

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Page 96 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

S-36-17-S 1324789 Ontario Inc. Concession 3/4, Lot/Part Lot 23/24, Round Lake Road/Sweetfern Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.

BACKGROUND The subject land consists of 52 +/- acres with frontage on Round Lake Road, Sweetfern Lane and Inverary Lake. The lot is developed with a single detached dwelling and a detached accessory building. The proposal is for the creation of a 15 +/- acre residential lot with frontage on Round Lake Road and Sweetfern Lane. The proposed lot will encompass all existing structures. The proposed lot will gain access from Sweetfern Lane. The retained parcel will encompass all the waterfrontage on Inverary Lake and will gain access from Sweetfern Lane. The retained parcel will be required to be rezoned from Rural (RU) to Limited Service Residential Waterfront (RLSW). The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: No Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: No

AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections.

CONDITIONS

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-36-17-S shall be for the creation of a 15 +/acre waterfront lot with 106m frontage on Round Lake Road.
  3. The right-of-way access over Sweetfern Lane to the retained parcel created through Consent Application S-35-17-L shall be surveyed according to the Township’s standard for new private lanes. The right-of-way access shall be recognized on the deeds of the lot to be accessed and the property over which it passes.
  4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
  5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  6. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].

Page 97 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 7. The applicant shall rezone the lot to be created through Consent Application S-36-17-S from Rural (RU) to a Limited Service Residential Waterfront (RLSW) zone. Please see Planner Lindsay Mills to begin this process. 8. The applicant shall enter into a development agreement to be registered on title to the retained parcel which deals with the Township’s environmental policies, as well as the requirement for the owner to contact the Cataraqui Region Conservation Authority prior to any development on the property, or shoreline or in-water works, to determine the need for a permit.

ATTACHMENTS Map of 1324789 Ontario Inc. Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 98 of 149

µ DUFF ROAD

3356 Round Lake Road

1324789 ONTARIO INC. S-36-17-S

Legend N ROU

R AKE DL

OA

1324789 Ontario Inc Property

D

1324789 Ontario Inc. proposed lot

Proposed Lot

3443 Round Lake Road

1035 Sweetfern Lane

ER TF

E

Retained Parcel

EE SW

LA

EA

ST

N

LA N

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

TF ER SW EE

N

NE

Inverary Lake

While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 99 of 149

Scale 1:4,030 0

20

40

80

120

UTM Projection NAD 83

160 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

MV-27-17-S Tim Prue Concession 8, Lot/Part Lot 20, 3922 Hideaway Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 10.3.2 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from the high water mark be considered for passage.

BACKGROUND The subject land consists of 1.04 +/- acres with frontage on Dog Lake. The property is developed with a dwelling and a detached accessory building. The proposal is for the construction of an above ground pool to be located approximately 70 feet from the high water mark of Dog Lake. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.

FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS The Rideau Waterway Development Review Team recommends denial of the application for the reasons of alternative locations on the property which could accommodate the pool, further

Page 100 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT development within the 30m setback, and to minimize the visual impact of development from the water. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections.

CONDITIONS

  1. This minor variance is for construction of an above ground pool to be located a minimum of 70 feet from the high water mark of Dog Lake.
  2. Minor variance MV-27-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and Parks Canada – Rideau Canal office for the proposed development, and for any shoreline or in-water works.

ATTACHMENTS Map of Prue Property RWDRT Report dated June 27, 2017

Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 101 of 149

µ PRUE MV-27-17-S

Legend Prue Property Prue Proposed Pool

Dog Lake

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 102 of 149

Scale 1:618 0

3

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12

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24 Meters

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Ms. Jennie Kapusta, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario KOH 2T0 Dear Ms. Kapusta:

Re:

Application for Minor Variance MV-27-17-S (Prue) Lot 20, Concession 8; 3922 Hideaway Lane Storrington District, Township of South Frontenac Waterbody: Dog Lake

The Rideau Waterway Development Review Team, made up of staff from the Cataraqui Region Conservation Authority (CRCA) and Parks Canada have reviewed the above-noted application for minor variance, and provide the following comments for the Committee of Adjustment’s consideration.

The proposal involves the construction of an above-ground pool on the subject property. The variance is requested to: Reduce the required setback from the high water mark from 30 metres, as required by Section 5.8.2.(l .) of the South Frontenac Zoning By-law, to 21.3 metres in order to permit the construction of an above—groundpool.

The subject property is located on Dog Lake. The topography of the property can be described as rising quickly from the shoreline and then continuing to rise up more slowly to the location of an existing cottage. The bank is approximately 2.4 metres in height and consists of bedrock. Currently, the property contains the dwelling serviced by a septic system, a detached garage and two sheds. The property is designated ‘Rural’ in the Of?cial Plan and zoned ‘Limited Service Residential Waterfront Zone’ (RLSW) in the implementing Zoning By-law-

The main interests of the RWDRT with respect to this application are the avoidance of natural hazards associated with the shoreline of Devil Lake (e. g. ?ooding and erosion), the protection of the water quality

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Ms. Jennie Kapusta (MV-27-17-S) June 27, 2017

and shoreline riparian buffer of the lake, and the conservation of the cultural and natural heritage and scenic values of the Rideau Canal National Historic Site and UNESCO World Heritage Site. Natural Hazards Flooding: maximum recorded water level for Dog Lake is 98.95 metres geodetic. For “-|I=Ii|II1lI|lThe Thlh?-IJ..’?2r.£tHIb.rJ-nJrIhI’|n’dF:[i:jLIL:u5E.5E-mclbu?ndumn |.IJI._ Dog Lake, I-:I’|11;| the maximum recorded water level is used in lieu of an engineered ?ood plain. The ‘I:rIul.1’:nI.:nr:IDlhI:|r?uh’:IuLI::|InbJn|‘nu’.p.:n’nLHaad3hL FI.IL’.I.I.’..||.‘Ii.’.In|;I?r.¢.|. CRCA’s Guidelines for Implementing Ontario Regulation 148/06 requires that all development be set back a minimum of 6 h|.:¢hm=th;lJ¢ni-uIq.ILdm|?E#ru;um?:?.?I.i’;I’urHHE??1?H_?.“L{? metres from the regulatory ?oodplain of a waterbody. THI-1I.q:-:r-IIIJIiIIvI-a-I-I-.-II.i-.-u:::-u-.u:d:u.-h: ==tI’=IEI’=II’J’I=r=I:rJ-=I’:-||-I-I=t|=I-I=1rI’II’I=-I+-’-1:|Based upon available elevation mapping data, the proposed development will be located outside of the setback from the regulatory ?ood plain. Therefore, the RWDRT has no concerns from a ?ooding perspective. Erosion: Section 5.8.2.(2.) of the Zoning By-law (By-law No. 2003-75) for South Frontenac suggests that no building or structure shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. The CRCA de?nes the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for bedrock shorelines of l(h):l(v), plus an erosion access allowance of 6 metres. Based on an estimated 2.4 metre high slope, the total erosion hazard allowance is anticipated to be approximately 8.4 metres measured horizontally inland l:r:I:L’h|l.I.‘I|-|:L:II:uJ’I..:|:|I:|I:EI.|:?:I.’-::|.n|: the stable toe of slope at the shoreline. Based from HI.dEp11rIlJ?HlnIn11nJ.HIq_.1|:q.I1g.?n¢.hd upon available elevation mapping data, the proposed E nl:-:::I’.rI.:n:|uIn’|“hI 1.I:l:I.|‘lu|.I:I’|‘I.Id -:|u|.‘II’:Iq:::::I.III’|:| development will be located outside of the setbacks described above. Therefore, the RWDRT has no I:?I-IE.’|’|;..[.:.|‘i;..I.:..|]..g|=|’.|.|’|:|j|i;]”-..;._. concerns from an erosion perspective. -:::I:-1’l’I’:I1:r.-l1’|.:|:I3.l’!.I:I’|H Water Quality / Riparian Buffer Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Of?cial Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Section 5.2.7 b)(i) of the Of?cial Plan for South Frontenac Township suggests that a 30 metre setback from the high water mark is required to be maintained as a buffer in order to protect water quality. Similarly, the CRCA’s Planning Policy (April, 2015) contains provisions that seek to support these objectives and provides guidance with respect to the importance of maintaining natural shoreline riparian

lands. In the opinion of staff, there are alternative locations to the north and west of the existing dwelling for the proposed pool. Since there are reasonable alternative locations for the development, staff do not believe that the proposal meets the intent of the policies found within Section 5.2.7 of the Of?cial Plan and Section 6.1 of the CRCA’s Planning Policy. In addition, staff are concerned that the installation of a pool in this location may provide the impetus for additional associated development within the water setback (e. g. decking around the pool).

Rideau Canal National Historic Site and UNESCO World Heritage Site Similarly, RWDRT staff strive to preserve and enhance the cultural, natural and scenic values of the national historic site and world heritage site so that all Canadians can enjoy this legacy into the future. This can be achieved through the maintenance of a natural shoreline, the maintenance and enhancement of vegetation on the property, development which complements the visual character of the landscape, and the maintenance of a minimum 30 metre setback of all development from the water. This 30 metre setback corresponds with the 30 metre buffer zone surrounding the world heritage site, in place to help protect the Outstanding Universal Value of the site.

Page 2 of 3 |‘q:IE:IE’!-

Page 104 of 149

Page 105 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

MV-28-17-S Paul and Gina Bearne Concession 9, Lot/Part Lot 22, 4212 Carrying Place Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 and section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from the high water mark be considered for passage.

BACKGROUND The subject land consists of 2.2 +/- acres with frontage on Cranberry Lake. The property is developed with a dwelling and a detached accessory building. The proposal is for the demolition of an existing deck and the construction of a 16 foot by 12 foot screened porch to the west side of an existing dwelling to be located 79 feet (24m) from the high water mark of Cranberry Lake. The applicant is also proposing to replace a 12 foot by 31 foot uncovered deck which was constructed without planning or building approvals. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.

FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

Page 106 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT AGENCEY ANALYSIS AND COMMENTS The Rideau Waterway Development Review Team has no objections to the proposal. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections.

CONDITIONS

  1. This minor variance is for construction of a maximum 200 square foot screen porch to be located a minimum of 24m (79 feet) from the high water mark of Cranberry Lake.
  2. Minor variance MV-28-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. Prior to the issuance of a building permit for the screen porch the applicant shall remove the 12 foot by 31 foot uncovered deck which extends towards Cranberry Lake and re-naturalise the area.
  4. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  5. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and Parks Canada – Rideau Canal office for the proposed development, and for any shoreline or in-water works.

ATTACHMENTS Map of Bearne Property RWDRT Report dated June 28, 2017

Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 107 of 149

µ 4275 Carrying Place Road CA

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NG

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BEARNE MV-28-17-S

Legend Bearne Property Proposed Sunroom

4212 Carrying Place Road

Deck to be Replaced

4290 Carrying Place Road

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 108 of 149

Cranberry Lake

Scale 1:709 0

3.5

7

14

21

UTM Projection NAD 83

28 Meters

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Ms. Jennie Kapusta, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario KOH 2T0

Dear Ms. Kapusta:

Re:

Application for Minor Variance MV-28-17-S (Bearne) Lot 22, Concession 9; 4212 Carrying Place Road Storrington District, Township of South Frontenac Waterbody: Cranberry Lake

The Rideau Waterway Development Review Team (RWDRT), made up of staff from the Cataraqui Region Conservation Authority (CRCA) and Parks Canada, has reviewed the above-noted application for minor variance, and provide the following comments for the Committee of Adjustment’s consideration. The site was visited by CRCA staff on June 28, 2017. Summary of the Proposal The proposal involves the construction of a sunroom addition onto an existing dwelling on the subject property. The variance is requested to: 0 Reduce the required setback from the high water mark from 30 metres, as required by Section 5.8.2.(1.) of the South Frontenac Zoning By-law, to 24 metres in order to permit the construction of El Sl.1I]1’OOII1.

Site Description The property is located on north shore of Cranberry Lake. The topography of the property can be described as a high rock slope adjacent to the water that levels out to a relatively ?at upland area where there is an existing dwelling.

The property is designated ‘Rural’ in the Of?cial Plan and zoned ‘Waterfront Residential’ (RW) in the implementing Zoning By-law. Discussion The main interests of the RWDRT in this application are the avoidance of natural hazards associated with the shoreline of Cranberry Lake (e. g. ?ooding and erosion), the protection of the water quality of the lake, and the conservation of the cultural and natural heritage and scenic values of the Rideau Canal National Historic Site and UNESCO World Heritage Site.

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Page 109 of 149

Ms. Jennie Kapusta (MV—28-17—S) June 28, 2017

Natural Hazards Flooding: The maximum recorded water level for Cranberry Lake is 98.95 metres geodetic. .":Ir ll-I.lll’I.IJH-:IH’III!1.‘3I|‘l::’.IE1-‘r|‘F.:|EI’:I’.‘Iu.1:.L?.:IiJF’Ei.‘.|5:::Ih’:I-p:I?.-E: For Cranberry Ei?i’|Ib?IL.?:.?:H[EnEnu:luJIinLr-dhjlninnfln-q:mn’:d?.:dpL:u. Lake, the highest recorded water level is used in lieu of an engineered ?ood plain. TII The CRCA’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that CHCAhEutIhnEI’h?:nn::gILhhm1.j.|.mmJ+?IHIj$d11n-mh?nflrqur-?x all development be set back a minimum of 6 metres from the regulatory ?oodplain of a waterbody. iJtI.’%.lth:lthl:hI::u1mH?nu-mmhlI’IfJ.ntf?nnq’lu.H:u?¢?¢q1.I Based upon elevation mapping data and site observations, the proposed development will be located lId=nmin’?IImIp1n;dn=??aiH~I?nI.d’¢}n?I+1ir-H-xuul-?hl.-u;d outside of the setback from the regulatory ?ood plain as well as being considerably elevated above the I1=?IHf5|UH?l¢iF11Hr¢?J?:?Dhh1jH.L?r?hb?un.r?hI’?-Tjdw?ddrmlh ?ood plain of Cranberry Lake.

h’:Ii:5-::H-u..’-.I=..!I_2_I:IE’h|..’.’:::I’g Erosion: Section 5.8.2 (2) of the Zoning by-law requires that no building or structure or septic tank I3.-lrn’::p:I’-tI.I:n:-b.nI.:ITg:I’u1.:l’n1rrIq’rL:Lu’III; ::tI.|.:t::|IJ.|’.|t-I2.:::|ul|‘l’:l’:I11:-:|.u’lIn’|I=:Ii installation shall be located within 15 metre horizontal of the top of bank of any embankment, the slope :-|“E’|.II.n|’.r.|“hI.I.I .-|‘J1:|nl’I’h|.I1’u?’|?|j.|.;§t of which is greater than 30% from horizontal. |F’C|‘l.|!IE||.ii!fIIlBvH|Ir!II!Ir.l?l1?’;|I.rh:I5:Ju’:Iun CRCA policy de?nes the extent of potential erosion |‘I5’I’|‘l¢||l|:|‘lI=l”-|‘ll11’m’|I|’|Tl’l|’|’|i’|’|‘I:i’=I| hazards to include an allowance for toe erosion, a stable slope allowance for bedrock shorelines of HJlfH?J|lF'1:1lHHHlIr:¢iHDZ¢h*2IiIl.I??hiupr?11u.rFub?ui?atrn! 1(h):1(v), plus an erosion access allowance of 6 metres. BI-::|-:I.:II:IIt:I’.:h:|lI:|.:u’:|H,[tI’.:|:I.I.’.|’|.I ‘||]:|:|.’||’~:I.:.|5|I.luI:I1.II’I.I:Ia.I1H.|:II’—.I:uTIEj’:I. Based on an estimated 6 metre high slope, the ::I.-’-u.El:I1.|H.|:IrI:I.’l :|.::|’:I:nj’::| measured horizontally total hazard allowance is anticipated E??-?t DH erosion to be approximately 14 metres bI:.q::II:I.::I.l:l:|‘i-II H’I’I.’llI’.III:|| ‘:Ih::|&::|’.En?’.|.’t:-I: :IEIJqu:J:Lh|: inland from the stable toe of slope at the shoreline. Staff l1::i1I.I. note that the proposed development will be ltIJ1u’l.I?.I::|’.I.|‘n1;I:IiI:IluI1IIEq;I’.l’.:|1’[|;.|. IIi?%|:I’|I.El’I’I:I1EI.IIlI’I’..I:I-I:?’?H§E1I11l’HI..I:-|’?. located outside of the erosion hazard allowance as de?ned by the CRCA. Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to in?’m?LE|lrPrn’?zHFJLLyEhhm:?.[FI’E|:jIhlLd1i:mI.?n1hIinuHlth protect, improve or restore the quality and quantity of water. ..||.:::I’t:I,|;|:r.tIlII|’|’|’|:I.I.|F"h’.:I.|’.i|I:Il’I,| Accordingly, the Of?cial Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, the CRCA’s Planning Policy (April, 2015) contains provisions that seek to support these objectives. Section 5.8.2 (1.) of the Zoning By-Law for South Frontenac Township suggests that a 30 metre setback h??5.l2I:|.]-?‘iI|f1[?§LlFEI'3-llILf’I’?%T3’E’:pI.?1dlTD1'1I.?‘Ei’ the high water mark is required to be maintained as a buffer in order to protect water quality. ‘|’|;..|. from ?‘mLb:h[Ln:t::uiurn:m’dmh.nl’:tu1duI’nJfImn?rLb_pnldiuIq.[|;p The Of?cial Plan also that this requires buffer be maintained natural area as a vegetative buffer strip adjacent Dtui?ndmrq?r-h:hhmHruuunHu:ruduqr.?y1’.bqja?’?}u?q’?ri3-jgulg the water’s edge to ?lter pollutants from runoff. The to CRCA’s Planning Policy (2015) recommends I-1l|l’lI’Dl‘|lI”.||1I1|’|’=|‘l’|:-:“I=|-IIIIIIIIIFEIIFEIIIE TI|!’|:‘F.|E5.I’I’lF1En.’:|]Pu|i|:|II:.EI.’.Lf:Irn.In::|.n:h that new development and site alteration, including septic system tile ?elds and open or enclosed ??r-F’I1FHH§??|i31ihdhiin.l:¥Jlh]’n1?.’;rl:uEk£:I:h:dnpmumd1’. attached to the main dwelling, be set back a minimum distance of 30 metres from the high decks/patios h:I.I’jII5-n%:dh|1uu:ndr:Ih.;b:d.‘b:ELni:n?.tmnu!}Unmuhm&Ib[I mark of a waterbody. However, I|’:t:I:::u’|.uTIIII’:|.n:’!|I:-Ex. water new development within the water setback may be considered Ha’nn’u’.:l’n?n’daIp.:::’nTE:n’blI’:-‘I.ltl:tu.I1Hn:-ldul1d when there are no reasonable alternatives for locating the development outside of the water setback area, nE:L’in’uJum:;dHIhuT:h’_hh1’L[?l?nl|qI’u’:=d?.MrhIII’u?g?kuph the development is no closer to the water than existing buildings or structures on the bl?|.‘I’I1::|’-I l.1.n-du’II'1’.Ih’l’nl’:I.rI:n.:Ir.gh:L?I,p.;r|:1.p;|‘grq.p.? ?|p|’.;.‘-lg-lg]-|h; property the development complies the lot maximum with the Zoning By-law, and suitable coverage provisions of ?I|’|h.-E-:I:i.I.|.H-:r-I:-|’.|::|’.III:i’!|H|: dIH’ii’|11-1=I11’|:|1Hi1’|31F|l?Il-?|i|1|HDJ%I§IrE’-LHEIEI methods to minimize negative impacts on water quality are incorporated into the development. F#1?lHEIHlI¢?I$|1h1E:¢IldimwiuuHfuI1l::rn.ri:dldn’!n-irrdqnu?.

The proposed development is being constructed in an area that is already developed (existing deck), is ThIp1nIdirI&.;n:?.hE1§::?1ddnmImblu?‘udrdl’Hqn’.|uL?I;[?:k|II Id'1I.-E:u%:r?’tIu’u.:tu;da.u’hLtlim£m?l-d’u’.ddl:¥?A.J¢.:J_h| set back as far as possible without encroaching closer to a wetland on the other side of the deck, the development is no closer to the water than existing development, and the proposal complies with the dt.‘dam.l:um:H’nrh?lId:hnnI?"?1H'5I’u’qul?¢p¢py?¢;E¢??pfh?; maximum lot coverage provisions contained in the By-law. 3||£|“rI|I|.I|.-I-III-|II’l.||.:|-|.I’|.I|.g|"|‘II|:?’£Ir Sta?’recommend that roof runoffbe |:l1:|III|]r|II’lI directed away from the lake if possible to reduce the potential for erosion and to protect the water I?‘i’h?fh&-’.*mIH!hh5rnunh+hr?wrH+,ninDnLErnuIbImHhpuhdLhrrdr quality ofthe lake.

2 of 3 110 of 149 Page Page

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Parks Canada Rideau ‘—f-E-LI] oversees all in-water and I’fI’T—’ shoreline works III-——I —I-I25along the Canal system. ‘-I’-I- Canal Of?ce If the landowner wishes to carry out any in-water or shoreline works in the future, the Rideau Canal Of?ce must be contacted and written approval “‘IIZI’-u’—-III‘T1 obtained prior h commencement of –I13 n’—Lto the -I construction.

zj

CRCA’s Ontario Regulation 148/06 I Please that note a of portion the property is subject to Ontario Regulation 148/06: Development, TI'1IfIIIZI"fII’—‘IIZ—IIIJ-II-II-‘J-Ixl-Ijl Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the purpose of the regulation is to ensure that proposed changes (e. g. development and site II‘ The C CRCA. IIf-1—‘I£LLIIJ-II-ILuI:IuI1’—uI:Ij1uI-Ii alteration) to a property are I-jrl not affected by natural hazards, and erosion, and -—-’—–rrt –I-I— -I-I-I-.-I-rIsuch as ?ooding -1- that the .|.I.—I. |u put other I.|.r|.||..|.I ||—|. hazards. Staff changes do not at greater risk from I— these II properties note that the development is r.-.|.|.|:.:located within an partially subject to Ij1’j regulation under said regulation. Within I’_—?’-I-L ‘T—’ aHregulated I’ area II-I I1fI that is -area, written permission must be obtained from the CRCA prior to development taking place. j

Please inform this of?ce of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca

IJ’EII1En’J-I—I-IEuIJJ—‘1IuIIIIJuI-‘I—‘I-I-‘1-1I-

Yours truly,

5-‘II.

I

J‘

II]-I I-I[J’n’fIIIJ?I’-—-I

-, Page 111 of 149

µ Legend

3076 Rutledge Rd.

3080 Rutledge Rd.

3098 Rutledge Rd.

3090 Rutledge Rd.

SINCLAIR MV-29-17-L

Sinclair Property Sinclair Proposed Addition

RUTLEDGE ROAD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 112 of 149

3085 Rutledge Rd.

Scale 1:778 0

3.75 7.5

15

22.5

UTM Projection NAD 83

30 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

MV-29-17-L Christina Sinclair Concession 5, Lot/Part Lot 2, 3080 Rutledge Road, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 14.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 2.5m side yard setback Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 2.5m side yard setback be considered for passage.

BACKGROUND The subject land consists of 0.42 +/- acres with frontage on Rutledge Road. The property is developed with a single detached dwelling. The proposal is for the demolition of an attached carport and the construction of a 24 foot by 26 foot attached garage. The proposed garage is 4.5 feet wider than the existing carport requiring a reduction in side yard setback from 8.2 feet to 3.5 feet.

FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. Is the variance minor? Current Zoning: Urban Residential – First Density (UR1) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Comments from KFL&A Public Health, Cataraqui Region Conservation Authority and Public Works were not required. The building department has no objections.

Page 113 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT CONDITIONS

  1. This minor variance is for construction of a 625 square foot attached garage to be located a minimum of 3.5 feet from the interior side yard between 3080 Rutledge Road and 3076 Rutledge Road.
  2. Minor variance MV-29-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.

ATTACHMENTS Map of Sinclair Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 114 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

MV-30-17-S Donna and Francois Savard Concession 8, Lot/Part Lot 10, Hideaway Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water and an increase in lot coverage from 5% to 12.4% Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from water be denied.

BACKGROUND There was a minor variance granted previously on this property for a 1500 square foot dwelling to be located a minimum of 54 feet from the high-water mark of Dog Lake. However, it was granted in 2003 and was varying the Township of Storrington’s Zoning By-law which was repealed and replaced with the current Township of South Frontenac Comprehensive Zoning By-law 2003-75. The applicant submitted all the original supporting documentation which was in favour of the proposal. Given the time between the original approval and the current submission the proposal was recirculated to the applicable agencies. The subject land consists of 0.4 +/- acres with frontage on Hideaway Lane and Dog Lake. The property is currently vacant. The proposal is for the construction of a 2142 square foot footprint dwelling to be located a minimum of 48 feet from the high-water mark of Dog Lake. Included in this footprint is a 744 square foot attached garage, a 196 square foot enclosed screen porch and 280 square feet of decks. The dwelling is proposed to be a single story with a walkout basement facing the lake. The maximum lot coverage permitted for this property is 5% (870 square foot footprint); with a 2142 square foot footprint the proposed dwelling has a lot coverage of 12.4% The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.

FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. Is the variance minor? Page 115 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: No Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: No

AGENCEY ANALYSIS AND COMMENTS Comments from KFL&A Public Health have yet to be received. Cataraqui Region Conservation Authority evaluated the prior and current submissions and continues to have no objections to the application. The building department has no objections.

CONDITIONS

  1. This minor variance is for construction of a maximum 2142 square foot footprint, single story dwelling with walkout basement to be located a minimum of 48 feet from the high water mark of Dog Lake.
  2. Minor variance MV-30-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and Parks Canada – Rideau Canal office for the proposed development, and for any shoreline or in-water works.

ATTACHMENTS Map of Savard Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 116 of 149

µ

AN WAY L HIDEA

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SAVARD MV-30-17-S

3844 Hideaway Lane

Legend Savard Property Savard Proposed Dwelling

3836 Hideaway Lane 3838 Hideaway Lane

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 117 of 149

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Page 123 of 149

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Page 124 of 149

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Page 126 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

MV-31-17-L Jason Martin Concession 6, Lot/Part Lot 21, Wild Flower Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water and a reduction in the setback from a private lane Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from water be considered for passage.

BACKGROUND The subject land consists of 1.26 +/- acres with frontage on Wild Flower Lane, North Shore Road and Loughborough Lake. The property is currently developed with a dwelling and detached accessory building. The proposal is for the demolition of the existing dwelling and the construction of a new dwelling farther from the lake. The proposed dwelling is to be 32 feet by 50 feet with a walkout basement and is to be located a minimum of 26.6m from the high-water mark of Loughborough Lake and a minimum of 2.5m from the edge of Wild Flower Lane. The proposal significantly increases the setback from the water as the current dwelling is located approximately 10m from the high-water mark. The topography of the lot limits the ability of the applicant to increase the setback any more than proposed. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.

FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes Page 127 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

AGENCEY ANALYSIS AND COMMENTS Comments from KFL&A Public Health have yet to be received. Comments from Cataraqui Region Conservation Authority have yet to be received. Comments from Public Works were not required. The building department has no objections.

CONDITIONS

  1. This minor variance is for construction of a maximum 1600 square foot footprint, single story dwelling with walkout basement to be located a minimum of 26.6 metres from the high water mark of Loughborough Lake and a minimum of 2.5 metres from Wild Flower Lane.
  2. Minor variance MV-31-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.

ATTACHMENTS Map of Martin Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 128 of 149

µ 4791 North Shore Road

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4816 North Shore Road

Legend Martin Property Martin Proposed Dwelling Existing Buildings

1026 Wild Flower Lane

E LAN WER O L F WILD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

1012 Wild Flower Lane

Loughborough Lake

While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 129 of 149

Scale 1:757 0

3.75 7.5

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22.5

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30 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 7, 2017 Application No: Owner: Location of Property:

MV-32-17-L Jeff Bennett and Margaret Eberle Concession 5, Lot/Part Lot 6, 1040 Slumber Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: July 13, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from water be denied.

BACKGROUND The subject land consists of 2.62 +/- acres with frontage on Sydenham Lake. The property is currently developed with a dwelling and two (2) detached accessory buildings. The current dwelling is located 13.9 metres from the high-water mark of Sydenham Lake. The proposal is for a 292 square foot (27.13 square metres) increase to the existing foot print, plus a 2 foot 10 inch increase in height (to allow for foundation works to stabilise the dwelling), plus a corresponding (292 square foot) increase in square footage to the existing second storey. The proposal involves the demolition of two of the walls facing away from Sydenham Lake and their reconstruction approximately 2 feet 2 inches farther out than their current location, plus the construction of a two story addition and covered porch to the west side of the existing dwelling and the reconstruction of the entire roof structure to facilitate the increase in second storey square footage.. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.

FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes Page 130 of 149

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

AGENCEY ANALYSIS AND COMMENTS KFL&A Public Health has no objections. Cataraqui Region Conservation Authority has no objections to the application. They have recommended that the recommendation of Concord Engineering, who completed the slope stability study, to pin the foundation to the bedrock be added as a condition of approval. Comments from Public Works were not required. The building department has no objections.

CONDITIONS

  1. This minor variance is for construction of a maximum 292 square foot footprint addition, plus a maximum three (3) foot increase in height to an existing dwelling located 13.9 metres from the high water mark of Sydenham Lake.
  2. Minor variance MV-32-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.

ATTACHMENTS Map of Martin Property CRCA report dated June 28, 2017 Concord Engineering report dated June 6, 2017 Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 131 of 149

µ 1124 Slumber Lane

BENNETT MV-32-17-L

Sydenham Lake

Legend Existing Buildings Bennet Property RETREAT LANE

Bennett Proposed Addition

SLUMBER LANE

1040 Slumber Lane

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 132 of 149

Scale 1:1,134 0

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REQUESTSFORCOMMENTS To;

Application Number: Type of Application

or Proposal:

Applicant Name(s): Locatlon:

Plannin g De p artment

Environmental Health Department 221 Portsmouth Avenue Kingston, Ontario K7M 1V5 (613)549-1232 1-800-267-7875 ca

Jennie Kapusta Township of South Frontenac 4432 George Street Sydenham, ON KOH2T0 MV-32-17L

Minor Variance

Jeff Bennett 8i Margeret

Eberle

Pt Lot 6 Conc. 5 1040 Slumber Lane

Township of South Frontenac (Loughborough)

or Agency:

Comments:

I"spec t or’ -

Date:

KFL&APublic Health has no objection to the minor variance.

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MiranlclaIezzi,CPHI(C),)Pi1?ic Health Inspector July 06,2017

PLEASEFORWARD A COPY OF THE NOTICEOF DECISIONTO KFL&APUBLIC HEALTH. for the administration of Public Health Personal information on this form is collected under the authority of the Building Code Act, and will be used Health, KFL&APublic Environmental of Manager the to directed be should information this of programs. Any questions about the collection Health, 221 Portsmouth Avenue, Kingston, Ontario K7M IVS, (613) 549-1232 ext. 1243 or 1-800-267-7875.

Page 133 of 149

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  1. Location of property

T

  1. Legal owner (mailing address) Last name

se??égan,/ea»;/7~M¢,g(.can

si

fog?mtgl

Mun‘ ipality

Roll num

/_33o oooo

/029 oqoo/o

CI Other

  1. Building addition

oor

Existing number of bedrooms

Additional number of bedrooms

Existing total ?oor area of dwelling (metre?) [ /V1 1

(metres?)

  1. Existing ?xture units

  2. Additional fixture units

25

(see Ontario BuildingCode Table 74.9.3 for non—residentlal) Total Number 0’ “ms Bathroom group (3 to 4 piece bathroom) x 6.0 = Bathtub _ " 1'5 (with or without shower) X 4'0 : Tone‘ Clothes washer I X 1-5 = /‘5 l X 1-0 = / Dishwasher X 1-5 = _ Laundry tubs X 1-5 = Shower drain _ L X 1 5 = ..L-§ Sinks X . = Other

6

I

j

E

Total

=

Proposed additional

New total number of bedrooms New total floor area (existing proposed) (metresz)

area of dwelling

_$2

,1

1

Total

Number of units

Water supply

Bathroom group (3 to 4 piece bathroom) Bathtub (with or without shower)

I x6 0 6

_

=

_..

"

1-5

9

“gee” “m 7 6

(metres)

L

_

9 Dug‘ bored, or blasted we”

L

X 4'0 =

Toilet Clothes washer Dishwasher

. . K Existing

Cl Proposed

CISand p oint or drive p0 int well

T

X 1-5 i

D swace wme’ 5’ Sllofe W9“

Laundry tubs

T

X 15 =

Shower drain Sinks Other

1

El Municipal water

T

_

X 1-5 = X

E‘ cismm

j

= j

Total =

9

C‘ other

  1. Current sewage system Information (litres) SOQ §eptic tank

El Holding tank

D Leaching bed

8’ Treatment unit type

a

(metres of distribution piping)

(litres)

  1. Directions to lot (municipal address, secondary

Year installed

.

6'0‘; pit)?

gtofzz??

(metresz) El Filter bed loading area El Class 1 and 2 (outhouse or privy and leaching 9. Previous permit information (If unknown, please attach a list of previous owners)

Lo»/7-/2

n7‘

(for proposed additions or renovations)

/0

Permit or certi?cate of approval number(s)

lus

2W2

roads, signs to follow, etc.)

  1. I ~: I

|

the fomgolrg?ntormation

is true and accurate

I at owner

Sinature

2016-06-14

of aent

KFL&A Public Health

Page 1 of 2

Page 134 of 149

H1/-59-/7-u Office Use Only

Sewage System Plans Page

Name

  1. Lot diagram and sewage system

plan (drawing must be accurate,

L0 -961 —/ 7

Application number

B -5/}/7

to scale, indicate north point and show the louowlng):

Location of sewage system components (eg. tank(s), leaching bed(s). etc), Locate and show horizontal distances from system to adjacent existing or proposed buildings. water supplies (including neighbours), existing on-site systems, driveways, property lines. lakes. rivers. springs, water courses, swimming pools. Let dimensions topographic leatures (e.g,, swamps, steep slopes) near system. metres 1 square = DRAW TO SCALE

(a)

(ii)

L7’

?rm

o@

/s.

  1. Ioertlfythalongolng

Information is tmonnd accu Signature oi agent

X

osal

will not reduce the performance level oi the existing sewage system; no objections to issuance of a building pennit for proposal.

Se wage system is not contravening section 8.9.1.2. (1) (a) (b) (c) of the Ontario Building Code.

U Proposal will reduce the performance

inspector.

/YVW

Chief Building Official:

2016-06-14

level of the existing sewage system.

,

On-site sewage system will require upgrading.

Date.

Date:

/S\A\H‘ (0 ,7. O I

é//7 z /”7 KFLEAPublic Health

Page 2 cl 2

Page 135 of 149

Page 136 of 149

Ms. Jennie Kapusta (MV-32-17-L) June 28, 2017

-_|’-I-|’|‘l|-’||l’|Il’lIFI I:I‘-”.|’|II'5.‘W.’-‘The main interests of the CRCA with respect to this application are the avoidance of natural hazards H?r¢n:+1rJ?.H-q:-pilttdt-numb-a-until-an-a–nfu-n1]‘h.:-u:h associated with the shoreline of Sydenham Lake (e. g. ?ooding and erosion), and the protection of its ??ili?-‘ih’InIh.wlh:uT3fJm1luhLr[rq.?:.dh;?min|.—J!n::h£-:uIih water quality. There were no natural heritage features identi?ed on the subject property. r£nq:Li|5.TbunuruJ:ltn1Jb+1.r£‘u::E:?J3:d:nLI:u5jI=lp’:;u’|5’. H.E:I.|.|’.|.@:?

Flooding: For Sydenham Lake, the regulatory ?ood plain has been established as elevation 131.6 metres lI|1II:I.5I.n:| geodetic. Section 4.1.3 of the CRCA’s Planning Policy recommends a 15 metre horizontal setback from 5-¢?miL.3¢T|H|3Ifh’lFFE|:LEiPu3-I;-rd-:i1:mi:I|5LmtIhIln.nH i:IEI2III!l’.I:-. the regulatory ?ood plain to account for variations in the regulatory ?ood plain elevation, changes over E:ru?.Il:5?:Hpl:nhuA1?fwmHi:Ih?::’.IhhI1.’?-ni?:ndw.’?’m.:hnpIu— time t::I.”’:Illr:ti:|?.:duh?.:f’inr:I[d.tn1Hn:dpI.:n.ud.l11-?-:hh’uuIu|nuh: in the anticipated extent of the regulatory ?ood plain, and situations such as debris or ice jams that :I.I;|II.|‘F:::|’|a-:.|’.h’.’:I.I. affect ?ood levels. However, for a lot of record such as this property, a reduction of this allowance may H-:I’n’u.£n’II:tafrIn’t1|d1u?u’|:‘rq’n11_II’t.:hmrE:tuI£nIr|:i nnnndul’I’.1’!’?|.I h?:I1?’:I:n’.‘I.I to 6 metres can be considered if the development is appropriately elevated / ?ood-proofed. 3¢.;I;|.|:.5 Section ?I11Iq;IT.l’r:I:n1q;I’HJ.?:.IIJur.I.u1I.‘|1’n’.-|;I111rIj 3.3.6 2) of the CRCA’s Guidelines for Implementing Ontario Regulation ‘|’|I=I’[II’F|.?:?I|I|.IlE-|-l:|‘I.148/06 suggests that where 11??|f-“1’HrHr-*’l’E|HiHfdl’Efh?¢?IE|1££?tFI’FJB.t?|IHi:? development is proposed and the elevation of the ?ood plain is known, buildings and structures must be I1Il’i1I|I1I|:IE?I?IH:l|:I’I2?I?IIIhItIII’lIIuHIr.1LiI.nuTll: I’.I.-.-.||:i.’&“u-‘I.:I.III:I.bI.I’.|I.E:[I—:|IErI.I.’|.I.1’:In’.I.lIEbI.’ located a minimum horizontal distance of 6 metres beyond the furthest landward extent of the regulatory hlh1Id:bmhdn.:?JILIh:I:LEEjuhr:£b:h?hihd’n:duJ.:?nEH:r:’.l:h1r ?ood plain. Based upon topographic mapping data, staff do not believe that the proposed development will be within the setback from the ?ood plain, and in this instance, the proposed development will be wmh:I:hublIlt:h#m1m:|had?.u1.ndn1uu.tnu.hlrr:5uIdh1Ii’p1wrI£|H constructed in a location that is substantially elevated above the ?ood plain !.|J.¢. Sydneham ‘Lake. |‘II.I1 of :I1—’.|:nd.11IH’.LI:rnIJ.:LLn’J’.:n11.II|:rdl:nH..H1nIrIl£rr.1 r.|"|=.g|I|‘I’¢|’.|.II| Erosion: For inland lakes such as this one, the regulatory erosion standard includes an allowance for toe IH?Ih|Fuhhd|?nuiI|1iJLuu.lhm?.l?:5m:inLH.:d.:d=JdnmILmu:nFub: erosion, a stable stope allowance of 1:1 (horizontal/vertical) for bedrock shorelines, and a 6 metre munI:&I:??IdLm’:=IHJ:LI:3ui.n.:?.l¥wiuJ]hh:EIu-iia?mlpnds?mumln :I’:In::|I.::1.I.I§:|‘II’:|:l. erosion access allowance. Th:i:I’H.’:|:IluE|I:nf.h’!|-:I’n:I1n:Jtul’&IJla’l’mu:I:aI The shoreline was found to be rocky so a toe erosion allowance is not :|:I|:I|:Ih|Iu:|‘I.I:I.1u. applicable in this instance. The height of the (lower) shoreline is estimated to be approximately 10 1hr:l,lHrE1’u:laI’I’j|JJ’ni|uu1T.:|Jdlahnq1;I’nIh’unIJ].|I] run-. 111lITrl.?l:nIlTn111ul?H_huu’?uuhI|.pIT.r.?.mlJl|.5rnpJ’¢j metres. Therefore, the total erosion hazard allowance was determined to be 16 metres. ‘|’|;..¢.¢q.-n_|:g The existing I-.I-J|.- I ‘I J |‘l.l .-.|"|J.-.I.|.a.‘a.-;I.l :-I-.’.|. I’I| -I’I.—j II only :I I-I-I.-I-.-I-I I-‘I-I is from the of 13.9 metres H-.-.-I-. structure the erosion slope placing within it toe access allowance. rIj.|.|

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The applicant has provided a slope and erosion assessment (Concord Engineering, June 6, 2017) in Tkq?.i:dhl;:cuH:dni:1r:du:-mj.@LEIm:mId£q.nn::’.JI:nl.1U|T|m l.?|I:I’|:I!l2u::’:|:r’II’I:u:I::|:|:I.Ii:I. of the minor variance application. ‘Ih’.Ir:|::I’t:::I:h.:|ul|?:I:"|’:I:nd:h1’lI’:l’rrd|:|‘J1I This report concluded that “foundations anchored to the support bedrock considered either susceptible are erosion or global instability”, and that the proposed not to blh:tn1rm:mldu11mlmpthhml¢-‘mnmnl|rfdnn?r:f_r??n?l[n’pJ??. is consistent with Section 3.1 of the Provincial Policy Statement related to natural hazards. development hl?‘pTIJ:IurdnJtr?.5am’n1Enr?mHTmrd?Pa|qfE.mpqnr?;qj}3[?‘uu???? Staff are satis?ed with the recommendations and conclusions provided in the Concord Engineering 5lW¥¢HEi?F1|1’h¢??HE£??i-I-I?lritib?tli??hi?i??tllntrl?jnlnhg Staff are also satis?ed that the proposed additions lL|.i|5:I:I’III’iI.:I.II.—:l’.’:h:lh:&m’|’.:I’|::I’|.hu will not aggravate the hazard or further report. =iluI?’:I’|.’-II.II.I:IIIJ.I|3:I?I’.’|.|!l1II:|:I’I.;|I.lI:II :t:|I.|.’|. impede access. Sta?’ :’:q:I:IE|.‘II:I1. recommend that the consultant’s recommendation to pin the foundation &?“uI’lm—uIdIinHi’-muu5:1|’:.I’Iuuul&uItIpn£h’,EIn:E:?mmhdIua to bedrock —I.I_I -I’j_I I.- added – - condition be approval. as a A11 of Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Of?cial Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, the CRCA’s Planning Policy (April, 2015) contains provisions that seek to support these

objectives. Section 5.2.7 b)(i) of the Of?cial Plan for South Frontenac Township suggests that a 30 metre setback HIIII-|.iI:IE|5.‘ETEI:I|,’|:II.I!’|1|I:I|:F?5I.Ii.I.|:’|n’F.I: 5-L-.l.h|’-.I.I.|I::-.ITLrr.?.‘plI.jIhIlL|!L]-lilmllhin?zl. from the high water mark is required to be maintained as a buffer in order to protect water quality. ?iuiuliiinz-’lh::;nuliJb:m:E?&:d-Lb;|Iuh’.IIdu:hp’mIdwi:qI.H?1

Page 2 of 3

Page 137 of 149

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Recommendation Staff have no objection to the approval of application MV-32-17-L based on our consideration for natural hazards, natural heritage, and water quality and quantity protection policies.

Ontario Regglation 148/O6 The CRCA, under Ontario Regulation 148/06: Development, Interferencewith Wetlands, and -I-’-I-LEE-—JI-IFJ-‘1f&uIJ-I-’-I-—?-I-—-IIuIluIu—I—I1I Alterations to Shorelines and Watercourses, regulates development within 15 metres of a valley land. Staff note that the proposed development is located within 15 metres of the Valley land. Therefore, a CRCA permit will be required for the proposed development. The applicant will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements I-jut-I-rl–I-I-r-an——-in:-.Ir—-I.IrIr-.under Ontario Regulation 148/06. |.|-r…|.|.

Please notify this of?ce of any decision made by the Committee of Adjustment with regard to this —1I-LI1I-II—:I:-I1I1I—II—I-Ll?xf-III’lIJ?—IjI-I application. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by email at aschmidt@crca.ca.

Page 138 of 149

noNc

755 Baker Ctescenl

‘CONCORD

? wa

ENGINEERING

Kingston,ON K7M6P5 P5: (613) 634-4357 Fax: (613) 634-4353 E-mail: concorde@kos.net

June 6, 2017 Mxriearstr Eser?ce AND JEFF BENNETT

RE:

SLOPE & Eriosiox ASSESSMENT 1040 SLUMBER LANE

SYDENHAM, On’rhriio Our Reference No. 17-0411 1 .O INTRODUCT?ON

This Ieffer reports cl geotechnicol assessment carried out af the above captioned property to address nafurol hazards. The subject property includes waterfront on Sydenham Loke and concerns sloping ground overlooking the Iake. The assessment is intended +o evalua+e the risk of slope failure and erosion with regard to the relrofil of a full founda+ion on ori exis+ing coffage foo+prin+. The ossessment is based on an examina+ion of the slope conduc+ed in April 2017, as well os an orchivol and policy review. For the purposes of this report +he serviceability period is considered to be one hundred years.

2.O BACKGROUND AND OBSERVATIONS

The obove captioned address consists of o 1 -’/i stotey wood frame Viceroy home supporfed on pier foundotions at a prominent and sloping site on +he south shore of Sydenhom Lake. A Iondscaped letroce east of the co+tage is supported by a stacked Iimesfone retaining woll and access to the vvolerfroril is similarly supported, accomponied with rus+ic railings. Wa+erfront facilities include a wood dock. A newer Waterloo Biofilter based septic system is Iocated southwes+ of the cottage and repor+edly discharges to cl bed remote from the coffoge. It is understood that the geotechnical inves+igotion wos initia+ed furfher to proposed consfruction of a full foundation on the existing cottage foofprint. There is CI?SO potenticil for extension of the building up to 1 .83m and a 1 .52m-wide covered wood deck, bo+h on the wes+ side of the footprint and that the cot+age be moved O.6lm to the northeast and exponded O.6lm in +wo directions. The project may or may not include reuse of the superstruc+ure. A garage is proposed on Iand sou+hwest of the dwelling adjacent the curren+ driveway, and beyond the 30 metre lake setback. Consulta+ion with CRCA has resulted in a request for assessment of the stability

of the sloping ground in supporf of the proposal. The Iocation of the site is presented on ? ?, a+tached and photos documenting the site ore included in Appendix ‘A’.

Site topography and features are outlined on Drawing No. 2/2. The lot comprises 2.3 acres wi+h some 110 me+res of wa+erfront on Sydenham Lake. It is understood fhot the adjacen+ property to the west is currently being ren+ed by Margaret Eberle and Jeff Benneff. The level of Sydenham Lake is controlled via o dam Ioco+ed at the inle+ to Millhaven Creek in the Village of Sydenhom.

Reference to geological mappings of the area indico+es brown lithographic to finely crys+olline Iimes+one of the Gull River Formation (Iower member) +hat is exposed or with less than 1 CONCORD ENGINEERING o/u l 112185 0ntario Inc.

Page 139 of 149

Reference No. l 7-04l 1 2

me+re of drift covet. A search of the MOECC’s on-Iine in+eroctive well record mapping database for the supply well tagged as A12 1695 found on +he properfy indicates grey shale bedrock at O.91 mefres below grode, corresponding to a site elevation of 140.83 metres. The well record is included in Appendix ‘B’. Well records searched in the orea indica+e shale or Iimestone be+ween O.91 metres and 1 .22 melres below grade. Si+e reconnalssance WCIS performed on April 25’h and May 1 l+h, 2017. As described, the landscape feafures filled terraces supported by stacked Iimestone retaining walls, which appear to be in good condi+ion. The backshore from the lake is defined by a limestone escarpment which ex+ends behind and 10 me+res or so above the coffage terrace. Limesfone beds are generally a foo+ or so thick a+ the coffage. Descending toward the Iake one encounters s+eeper exposures comprised of weathered beds thot are only a few inches thick. The slope is vegetated with es+ablished white cedars, with some sugar maples and yellow birches. Cedars dominate the slope below the coffage, where “gunstocked” trunks consistent with soil creep ore common. Bedrock depths were inferred with boreholes advanced with o ‘A’-diameter s+eel rod mo+iva+ed by a 20-pound post- pounder during fhe site reconnaissance. Results indicate bedrock is in excess of 1 .22m at three of the four corners of +he coffoge corresponding to site elevcitions below 141 me+res. The borehole at the eastern most corner of the cot+age achIeved refusal, and ?riferred limestone bedrock, be+ween O.46 and O.61 me+res, corresponding fo sIte elevations of 142. 14 and 141.99 metres. Borehole locotlons and o slope profile are included In Drawing No. 2/2. In the area immediately odjacent the coffage decks nearest retaining wall, down slope, refusal wos observed at a depth of O.6lm, sIte elevation 140.65 mefres. Bedrock WC}S at grade (138.97 metres In site elevaflon) 4.2 metres In front of fhe deck. In the proposed garage area, refusal on inferred bedrock wcis be’tween O.46 and O.61 metres (146,2 and 146.0 me+res) at the proposed teor wall, and in excess of 1 .22 metres (142.78 metres) at the front, Topographic eleva+ions pertinen+ to the assessmen+ v=tere determined on April 25’h, 2017 using a CST/Berger automatic Ievel equipped with C} 20 times magnification scope. All topographic elevatIons were referenced to the maIn floor of the cottage, using an elevotion found on o topographic survey of the property produced by Hopkins Chi+ty Land Surveyors Inc.

3.0 DISCUSS?ON:

Development setbacks along Sydenham Lake are typically based upon a 100-year erosion allowance and stable slope geometry. Although the site is remote from Lake Ontario and the St. Lowrence River, the affached Shoreline Classlfication System (for) Loke On+ario and the St. Lawrence River - Cataraqui Region was referenced for discussion purposes. The slope cl+ +he site would be consIdered high bedrock and the shoreline is essentially bedrock. Based on the foregoing, 01 :1 se+back for the foundatIons from the shoreline would be appropriate. Reference to the slope section on Drawing No. 1 / 1 indicates that the proposed foundotion would conform to this criterion and global slope stabIlity Is lt?ierefore of no concern . Sydenham Lake follows the sou+hwesterly grain of the regional terraln, whIch is coincidenf with the prevailing winds. As o result +he fetch affecting wave action on the shoreline Is Iess than o kilome+er or oblique. The dam located In the vIllage of Sydenham reduces erosion by controllIng the woter level of the lake, and the Iimestone which abuts the waterfron+ is not considered to be at

significant risk of erosion. The extensive retaining walls were stable and in good repair. Areos

Page 140 of 149

Reference No. 1 7-041 1 3

which were nof covered in rock were vegetafed adequately. Tt?iere was no evidence of erosion scars in the slope despite a wet spring.

Deployment of silt fencing while commencing any substontial renova+ion or excavation is recommended at fhe property. Spoil resulting from excavation cl+ the sife should be sfored toward the back of the terrace, covered as necessary to mitigate +urbid runoff. Straw bails and check dams may also be used to diffuse runoff toword the slope.

Disfurbed areas should be reslored using topsoil and erosion mafs as necessary, and seeded to promote re-govAi?i. Mi+igation of damage +o +he curreril vegetafion and retaining walls on +he slope should be a priori+y during in any renovations.

4.O CONCLUSIONS:

The topography at the sife is confrolled by retaining walls and exposed Iimes+one bedrock beneoth and downslope of the coffage. Founda+ions anchored to the bedrock are not considered suscep+ible to either erosion or globol insfability. The fill at the properly includes lorge

cobbles, boulders ond bedrock fragments. For design and estirnafing purposes, i+ is recommended that tes+ pits be excova+ed using a machine (i.e. a backhoe or excava+or) +o verify the dep+h to bedrock in +he area of the proposed foundation.

Temporary silt fencing, straw bales and/or check dams are recommended fo mitigafe the potential for turbid runoff. The performance of these measures should be monitored and secondary measures taken as wananted. Disturbed vegetation should be restored as quickly C)S possible.

Based on the foregoing, development consisten+ with Secfion 3.1 of the Provincial Policy Stotement Is viable at the property.

We trus+ tha+ this report is +o your satisfac+ion. Should you have any quesfions or concerris

regarding +his submission, please contact our off?ce. Yours truly, CONCORD ENGINEERING

@?

?-?

(?‘M

?).=Michael Zylsfra Environmental Technologis+

‘.?

R. David Oliver, P.Eng.

Encl.

Page 141 of 149

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z

ThEN

[

+4

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l l

J

/

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‘Gvateyi:ne / (25-Apr-‘17) '

l

/ Slope Profile?

7 ‘/41

l

Wood Deck

t4t.26m

Stone Steps

7

l

prame Cottage

BH7

BHTI

!o be moved O.61m Nonheast

m.00m

and expanded O.6lm in 2 directions, as shown.

I40.74m

Distance lrom Sydenham Lake lo

or less,

be maintained.

l

a

Basemen! to be installed BHn0 j4199m

Proposed Covered Oeck

l

Proposed Addition

ol 1 .52m x 4.88m

BH8

with Basement

ot less

9-’

l

l

)

oj j .83m x 7.32m

j41.32m

l

Fyame Shed

A121695

Supply well 142.85m

l

BH14

(Top Cag)

Engineered Veasutes Necessay

142.78m

’m

or less

BH16

l

Vinyl Shed

(11 Foundation Setback

I.

Proposed

l

Gataqe

i

0 /

(ASlope Prokile

/

E

l

/ I O me!res

o

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Sydenham Lake 25-Apiil-17

i

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l

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l

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CONCORD

l

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EN(,INEERINC.

I

Tsl: (813) 834-4357

vyi (eia) am-ass llCuigml.oii. Onliu4o l[7M 6P5 E -m&; aohaavae4kaa.xxet 756 Bbkhr Cy*gehM

ffl

l

Slope Assessmsnt

l

BH 1 @ 1 38.5m - Borehole and Inferred Bedrock Elevation J-

!

??]

l

040 Slumber Ltme

Sydemham. Ontario SRe Plan

k ?gnei: Fby: MZ W b’?y: l i oo*e: i Mon)oret Eberls and Jell Bsnnet}

g r{-*

Scale l:400

‘Mt-

l

0

Page 143 of 149

Appendix ‘A’

Si+e Photos

Page 144 of 149

1040 Slumber Lane Cottage from the South West

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Page 145 of 149

West Side of Cottage facing North toward Sydenham lake

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Page 146 of 149

Exposed Bedrock Iocated 6.7m from North of the Cottage, facing South East &

:1 ab.%

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Page 147 of 149

Appendix ‘B’

MOECC Well Record For A121695

Page 148 of 149

A121695

the Environment

Measuremems racorded in:

(?parial

[] Matdc

ownsNf) ,stz5 ]??*>? s a<f? f4zair??y

5;? Q /’/ J/’/ / d art f

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General Descrip}ion

]=:pls 7 {y r? ‘os lys !;aay l;g/ ‘Vw

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S

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r r

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(8Mt fnSkudlorltolT The Ml:k bfUhlk’form) i

Geneial Coloui Mosk Common Material -l

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w 7Pwtzy rb -

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Regulatlon 903 0ntarlo Water Resources Act Paqe

Addiess ol Well Localion (S}ree} Number}Name)

IITM Goofflinal4s

Well Record

-WOII ‘Tsin Nrs toia*+ cir-t.– –Jl- - ?..’ . - Below>

Mlnlstry of

X-’ Ontario

l

l

(?(ai lt’??-,-y

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e ffll?* FEi;ES=":“aa =-;a;;-==;=:;W 110 other. speary

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’ Andu!*r8pabm ,,/”’ l {

Dep!h Sel al (r?) -?’ i

Type of Sealant Used

%m i To i

(Mater?al and Type)

l

?V 1[ /.30 IH ?x WsllUse l’lr,:?:z";:, , I -,fl4!w, I 4 / 4 ,z2, 7 [] Commencial [] Noi used l

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-=——–=-u It i ‘%(, i 70,/ 11lffi

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W,? t - i o l-<? V l 1 o. l 9,’ 9 l?l 1:;o l l ll? ll51*gg If flowIng ghle rale (Vmln / GPM)

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con$ucttonR9ibrd-ca*ing }l I 8tati}QfWealf

71 20 ?3,6

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Page 149 of 149

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