Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 05, 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 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: September 23, 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 SEPTEMBER 23, 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 permit an addition to an existing sleeping cabin.
3The parties have been in discussions and it was anticipated that a settlement would be brought forward at this hearing. However, although counsel confirm that a tentative settlement is in the works, it has yet to be put before Township Council for approval. Mr. Ewart confirmed that the settlement proposal is expected to be considered by Council at the October 4, 2021 meeting.
4The Tribunal received a Participant Status Request Form in advance of this hearing from the owner of the property immediately northeast of the Subject Lands, Lorna Day. The Tribunal granted Participant status to Ms. Day and instructed her to forward a copy of her Participant Statement to Ms. Kinch and Mr. Ewart.
5The Tribunal also received correspondence from Shereen Airth, the property owner to the immediate west of the Subject Lands. Ms. Airth did not submit a Participant Status Request Form and was not present at this proceeding; she is however, requesting that her opposition to the application be considered. In reviewing the materials provided by Ms. Airth, it is apparent that many of the issues raised in her correspondence are historic and more appropriately issues of Regulatory and/or By-law Enforcement which are not relevant to the consideration of the current application.
6The Tribunal has scheduled a further one-day video hearing for Wednesday, November 3, 2021 beginning at 10 a.m.
https://global.gotomeeting.com/join/850680077
Access Code: 850-680-077
7Parties 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.
8Parties 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.
9Persons 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 as indicated above.
10Individuals 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 video hearing 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.
11No further notice will be provided.
12This Member is not seized.
“M.A. Sills”
M.A. sills
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.