Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 19, 2021
CASE NO(S).: PL210337
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: BalaButton Holdings
Subject: Application to amend Zoning By-law No. 1995-42 - Refusal of Application by Township of Havelock-Belmont-Methuen
Existing Zoning: Seasonal Residential
Proposed Zoning: Special District 241 (S.D. 241) Zone
Purpose: To permit the redevelopment of the lot in the form reconstructed in-water boathouse and additions to the sleeping cabin; with site-specific regulations
Property Address/Description: Part Lots 14 & 15, Concession 6
Municipality: Township of Havelock-Belmont-Methuen
Municipality File No.: 1995-42
OLT Case No.: PL210337
OLT File No.: PL210337
OLT Case Name: BalaButton Holdings v. Havelock-Belmont-Methuen (Twp.)
Heard: November 3, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
BalaButton Holdings
Kathleen Kinch
Township of Havelock-Belmont-Methuen
John Ewart
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON NOVEMBER 3, 2021 AND ORDER OF THE TRIBUNAL
1This matter involves an appeal by BalaButton Holdings (the “Applicant”) from the refusal of the Council of the Township of Havelock-Belmont-Methuen (the “Township”) of an application for an amendment to Zoning By-law No. 1995-42 (“ZBA”) for the lands described as Part Lots 14 and 15, Concession 6, in the Methuen Ward (the “Subject Lands”).
2The Subject Lands are located on Kasshabog Lake and are currently zoned Seasonal Residential (SR) Zone. The purpose and effect of the proposed ZBA is to change the zone category of the Subject Lands to Special District 241 (S.D. 241) Zone to permit the reconstruction and expansion of an existing in-water boathouse and allow an addition to an existing sleeping cabin.
3Lorna Day, who was granted Participant status at a previous Case Management Conference was also in attendance.
4During a hearing event held on October 5, 2021, the parties indicated they had reached a tentative settlement, but that Council had not yet had an opportunity to review the terms of the proposed settlement. The settlement proposal was expected to be put before Council at the regular scheduled meeting on October 4, 2021, and it was. However, Council did not endorse the settlement proposal and the parties are now requesting that the Tribunal schedule a three-day hearing on the merits.
5The Tribunal has scheduled a three-day video hearing beginning on Wednesday, June 15, 2022 at 10 a.m.
6Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/716511277
Access code: 716-511-277
7Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1(888) 299-1889 or +1(647) 497-9373. The access code is 716-511-277.
9Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10No further notice will be provided.
11This Member is not seized.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.