Conservation Review Board
Commission des biens culturels
Ontario Municipal Board
Commission des affaires municipales de l’Ontario
ISSUE DATE:
April 12, 2016
CASE NO(S).:
CRB1504
PL150787
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners/Objectors:
James & Dino Deluca
Subject:
Notice of Intention to Designate (Collings House)
Property Address:
108 Moore Street
Legal Description:
LTS 90 TO 89, PT LT 88 N/S FREDERICK ST PL 56 AS IN R0739577; BRADFORD-WGW
Municipality:
Town of Bradford West Gwillimbury
CRB Case No.:
CRB1504
CRB Case Name:
Deluca v. Bradford West Gwillimbury (Town)
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
James & Dino DeLuca
Subject:
Application for Consent - Failure of Town of Bradford West Gwillimbury to make a decision
Purpose:
To permit severance to create a new residential building lot
Property Address/Description:
108 Moore Street
Municipality:
Town of Bradford West Gwillimbury
Municipal File No.:
B-15/01
OMB Case No.:
PL150787
OMB File No.:
PL150787
OMB Case Name:
DeLuca v. Bradford West Gwillimbury (Town)
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
James & Dino DeLuca
Subject:
Application for Consent - Failure of Town of Bradford West Gwillimbury to make a decision
Purpose:
To permit severance to create a new residential building lot
Property Address/Description:
108 Moore Street
Municipality:
Town of Bradford West Gwillimbury
Municipal File No.:
B-15/02
OMB Case No.:
PL150787
OMB File No.:
PL150788
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
James & Dino DeLuca
Subject:
Minor Variance
Variance from By-law No.:
2010-050
Property Address/Description:
108 Moore Street
Municipality:
Town of Bradford West Gwillimbury
Municipal File No.:
A-15/05
OMB Case No.:
PL150787
OMB File No.:
PL150789
Heard:
April 1, 2016 by telephone conference call
APPEARANCES:
Parties
Counsel
Town of Bradford West Gwillimbury
Leo Longo
James and Dino Deluca
Paul Peterson and Will Thomson
PROCEDURAL ORDER OF THE BOARDS DELIVERED BY B.W. KRUSHELNICKI
Background
1This order addresses procedural issues arising from an April 1, 2016 telephone conference call (“TCC”) with the parties to two related matters before the Conservation Review Board (“CRB”) and Ontario Municipal Board (“OMB”) (collectively the “Boards”).
2It is agreed by the parties that the two matters pertaining to this property will be heard concurrently commencing May 5, 2016, at 10 a.m. for two days to be held at:
The Municipal Library 425 Holland Street West Bradford West Gwillimbury, Ontario
3The Boards will conduct an inspection of the site at 9 a.m. on the first day of the hearing and invite counsel for the parties to attend.
4The two matters that will be the subject of the hearing are a set of three appeals to the OMB under the Planning Act and a notice of objection to the Conservation Review Board under the Ontario Heritage Act. The matters will be heard by one or more members who are cross-appointed to both Boards.
5This is not a consolidated hearing but since the matters pertain to the same property, for convenience and in the interest of proceeding in an expeditious manner, the parties have agreed to have the matters heard jointly and have agreed accordingly to a common order of evidence.
The Parties
6The Parties to the proceeding are the 1) Town of Bradford West Gwillimbury (the “Town”) and 2) James and Dino Deluca (the “Delucas”). It is possible that others may appear on the first day of the hearing seeking standing as a participant in one or both of the matters and the Boards will consider such requests as necessary, at the outset of the hearing.
The Order of Evidence
7It is agreed that the order of evidence will be as follows:
- Mr. Peterson on behalf of the Delucas – one or two witnesses on both matters.
- Mr. Longo on behalf of the Town – two witnesses on both matters.
- Reply.
Disclosure
8The Town and the Delucas will provide to one another and to the Boards by April 21, 2016, a list of witnesses to be called, copies of the heritage assessment reports that will be relied upon, copies of witness statements for both planning and heritage witnesses, and in the case of the Town, copies of background reports by staff.
9Counsel have agreed to prepare a common document book for use in the hearing and to share in the expense of its production. The Boards endorse this practice.
10Disclosure between the parties may be conducted electronically. The Boards, however, will require that two hard copies be provided.
Notice
11Notice of this proceeding will be issued separately by both Boards and will indicate that the hearing will deal with both the Planning Act appeals and the objection to designation under the Ontario Heritage Act.
12A previously issued notice stated that the hearing would commence at 10:30 a.m. This has changed and all further notice will indicate that the time for the commencement of the hearing of both matters will be 10 a.m., Thursday, May 5, 2016. No further notice is required.
“B.W. Krushelnicki”
B.W. KruShelnicki EXECUTIVE CHair, ELTO mEMBER, crb mEMBER, omb
If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format.
Conservation Review Board/Ontario Municipal Board Constituent tribunals of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248