November 5, 2013 Special

SPECIAL MEETING MINUTES
November 5, 2013
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Minutes of a Special Meeting held in the Council Chambers, 937907 Marsh Bay Road, Coleman
Township, on Tuesday, November 5th, 2013 at 6:00 p.m.
There were present:
Township of Coleman Mayor: D. Cleroux
Councillor: S. Cote
C. Marcella
L. Neil
L. Perry
Clerk-Treasurer: C. Bigelow
Present – Sharpe Lake Association – Jeff Celentano, Planner, Dave Bennett, Lawyer,
Town of Cobalt – John Gore, CAO, Candice Bedard, Intern
Gary Bigelow, Larry Wiwchar, Janet and Kirk Gore, John Gore, Kathaleen Hopper, Maryann
Hopper,
Doug McLeod, Tina Sartoretto, George Othmer, Katryna Bennett, Alice Hearn-Flannigan, Janice
MacPherson, Perry West, Pat Anderson, Jim Patrick, CJTT, Dixie Desrosiers, Kate Marcotte,
Robert Almost, L. Elliott, Rober R. Heroux, France Laurin, Yves Laurin, Dennis Kelly, Dennis and
Catherine Hakola.
ADOPTION OF THE AGENDA
Motion 13-11-12 MOVED BY Lisa Neil and SECONDED BY Cathy Marcella:
BE IT RESOLVED THAT Council approves the agenda for the regular meeting of November 5th,
2013 as presented. Carried.
DECLARATION OF CONFLICT OR PECUNIARY INTEREST
N/A
J. L. Richards & Associates Limited, Planner for the Township of Coleman
Ms. Sarah Vereault provided a short resume of the Zoning By-Law Application for the
enlargement of a gravel pit submitted by the Town of Cobalt in 2010. A public meeting was held
in March 2013 at which time no decision was made due to the lack of information requested
concerning noise, dust, vibration and potential impact on the land and adjacent lake. Items
were specifically listed in two letters forwarded to the Town of Cobalt. Since no studies were
received, the application is not in conformity with the Provincial Policy Statement. Ms.
Vereault’s recommendation is that the Township of Coleman should not approve the
application.
DEPUTATION
Town of Cobalt
Mr. John Hodgson and Ms. Candice Bedard, Town of Cobalt, made a power point presentation
requesting that the Township of Coleman consider conditional approval of the application for a
Zoning By-Law Amendment for the expansion of a legal non conformist use as a gravel pit. Mr.
Hodgson presented a detailed history of the existing gravel pit and Sharp Lake Park since the
purchase of the land. The Town of Cobalt commits to a site plan being incorporated to
identify areas of extraction,
no crusher, operations or paving plants on site and a 10-year Sunset Clause on this interim land
use.
Benefits to this operation are highways/roads, local development and construction, local
employment, valuable natural resource and safe winter roads.
SPECIAL MEETING MINUTES
November 5, 2013
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Continued (2)
Sharp Lake Area Residents Association Inc.
David Bennett
Mr. Bennett, Council for the Sharp Lake Area Residents Association Inc., advised that planning
is what matters with this process.
Jeff Celentano
Mr. Celantano, planner for the Sharp Lake Area Residents Association Inc., referred to his
correspondence of September 27th, 2013.
1. Nonconforming status of this site is not legal as it was not designated as a pit or quarry
in 1999 in the Township of Coleman Official Plan or Zoning By-Law.
2. Good planning practices were not identified.
3. Official Plan mentions environmental impacts – noise, vibration, adverse impact of soil
and environmental studies – not provided by the Town of Cobalt. This site would be a
class 3 operation if it were to continue.
4. Application does not comply with the Township of Coleman general land use policy in
the Official Plan 5.10.A3.
5. 70 m setback is required in the Township of Coleman Zoning By-Law. Setbacks have
been reduced to 30 m in the Town of Cobalt’s application.
6. Request for copies of studies were ignored as the Town of Cobalt did not provide these
documents.
The Township of Coleman must comply with its Official Plan and Zoning By-Law
requirements.
The Association again requests to be notified of the Township of Coleman’s decision
regarding this matter.
The Township of Coleman is obligated to enforce the Cobalt Water Supply Act and the
Township of Coleman Pits and Quarry By-Law.
Mr. Bennet then provided the following correspondence as evidence to the issue of
nonconformist use.
Ministry of Natural Resources 2001 – property subject to a restriction that the land is to be used
as a “Municipal Park”.
Town of Cobalt to the Ministry of Tourism – site being used as a Municipal Park
Town of Cobalt to Miller Paving Northern – Miller Paving is interested in purchasing the
property
A Zoning By-Law is required
prior to purchase.
Ministry of Natural Resources 2002 – The Town of Cobalt requested advice about selling
aggregates
Mr. Bennett’s encouraged Council to base their decision on evidence as presented.
Larry Wiwchar
Mr. Wiwchar expressed his concern with the water table exposure at the most South end. He
SPECIAL MEETING MINUTES
November 5, 2013
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felt the entire site should be rehabilitated. Mr. Wiwchar also requested that Coleman Citizens
be kept informed of the future use of this property as it is provided by the Town of Cobalt.
Continued (3)
5. Correspondence
Opposed – Kathleen Hopper
Kate Marcotte
Caroly Sauve
6. Questions – none
7. Reading of Motion/Decision
Motion 13-11-13 MOVED BY Lisa Neil and SECONDED BY Lois Perry:
WHEREAS the Corporation of the Town of Cobalt have submitted an application for zoning
by-law amendment to expand their gravel operation adjacent to Sharpe Lake;
AND WHEREAS the Town of Cobalt have not provided the required information; studies, site
and rehabilitation plans requested;
BE IT RESOLVED THAT the Council of The Corporation of the Township of Coleman does not
approve the Zoning By-Law Amendment as presented.
Motion 13-11-14 MOVED BY Susan Cote and SECONDED BY Lisa Neil:
BE IT RESOLVED THAT this meeting do now adjourn. Carried.
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CLERK-TREASURER MAYOR