ONTARIO DRAINAGE TRIBUNAL
APPEAL:
20-21 SIDEROAD OUTLET DRAIN (RE)
Township of Chatham
Robert VanderVeeken and
Richard Suisham
20-21 SIDEROAD OUTLET DRAIN (RE), 1994 ONAFRAAT 03
STATUTE:
HEARING:
March 1, 1994
March 18, 1994
NEUTRAL CITATION:
1994 ONAFRAAT 03
ONTARIO DRAINAGE TRIBUNAL
IN THE MATTER OF:
an Appeal of Robert VanderVeeken and Richard Suisham from the Report of David G. McGeorge, P. Eng., dated November 1, 1993, on the 20-21 Sideroad Outlet Drain in the Township of Chatham, in the County of Kent:
DECISION
This Appeal came before the Ontario Drainage Tribunal on March 1, 1994, at the Township of Chatham Council Chambers, 785 St. Clair Street Extension, Chatham, Ontario.
All assessed owners were served with the Notice of Hearing, as evidenced by the Affidavit of Service filed, and invited to make representations.
At that time, there appeared before the Tribunal, David G. McGeorge, P. Eng., who prepared and presented the Report dated November 1, 1993; the Appellants Robert VanderVeeken and Richard Suisham and other assessed owners.
The Clerk of the Township of Chatham, Nelson Praill, acted as Clerk of the Tribunal.
On hearing the evidence, the submissions and reading the materials filed:
IT IS ORDERED the benefit assessment levied & W. Suisham, being the West Part North Half Lot 20, Con 1, on Roll No. 8-240, be reduced to the sum of $330.00.
IT IS ORDERED THAT the benefit assessment levied against the lands of Robert VanderVeeken, being the East 40 acres North Half Lot 20, Con. 1, on Roll No. 8-239, be reduced to the sum of $980.00.
IT IS ORDERED THAT the benefit assessment levied against the lands of Robert VanderVeeken, being the West Half of the North Half of Lot 21, Con. 1, Roll No. 9-100, be reduced to the sum of $620.00.
IT IS ORDERED THAT the Appellant Robert VanderVeeken be granted an allowance in the sum of $300. 00 pursuant to S. 30 of the Drainage Act, R.S.O. 1990. c. D.17, with respect to the West Half of the North Half Lot 21, Concession 1, Roll No. 9-100.
IT IS ORDERED THAT the reductions made in the assessment in paragraphs 1, 2 and 3 and the allowance granted in paragraph 4 be added to the Benefit assessment levied against the road between Lot 20 and 21, Con. 1, Township of Chatham.
IT IS ORDERED THAT the Report be amended to provide for a work corridor 50 feet wide.
IT IS ORDERED THAT the catch basin to be added at the North end of the Tweedle Tile Drain on the East side of the 20-21 Sideroad, 1,072.5 feet North of the Centre Line of the Concession Road, shall form and be part of the Tweedle Drain for maintenance purposes and all sums expended for its future repair and maintenance be assessed against 20-21 Sideroad.
IT IS ORDERED THAT the old Tweedle Drain 1-2 Concession Road and along the 20-21 Sideroad be abandoned before this Report is adopted.
IT IS ORDERED THAT the 10-inch tile drain, road crossing, two catch basins on the drain alignment and drain outlet pipe and gate are part of the 20-21 Sideroad Outlet Drain and are to be maintained by the Township at the expense of the lands and roads in the ratio of the assessments in the assessment schedule.
IT IS ORDERED THAT the roadside ditch that is to be re-graded shall not be part of the ditch 20-21 Outlet Drain for maintenance purposes.
IT IS ORDERED THAT there be no order as to costs, and all parties are responsible for their own costs.
Attention is drawn to S. 73 of the Drainage Act, R.S.O. 1990, c. D. 17.
DATED: March 18, 1994
Bernard J Goodal, Chairman
Ontario Drainage Tribunal