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Reserve The Ontario Municipal Board reserved decision alter hearing almost six hours of testimony and cross- examination both for and against the controversial land holding by law at a hearing in Esquesing council chambers Thursday Spectators overflowed into the corridors and jammed the council chambers when the hearing opened at 10 a m Only about of the hardiest were there when proceedings closed after that afternoon Bulk of the testimony came from representatives of the township extraction industries and officers and members of the North Ratepayers Association but there was also objections from several private Individuals as well as support for the bylaw The by law specifically states that no land in the township may be used for any purpose other than an agricultural use Existing uses which are not agricultural are preserved by provisions of the Planning Act and these are legal nonconforming uses which may be continued Solicitor Terence Baines presented the case for the Township Testimony was heard from several township of ficials as well as planning consultants and a representative from the community planning branch of the Department of Municipal Affairs Three of the township large quarries Ltd Materials and Construction Ltd and Consolidated Sand and Gravel were all represented by counsel as was the North Ratepayers Association The quarries partially opposed the by law on the grounds It discriminated against their operations if in force for any length of time They urged the OMB to limit the time of on holding bylaw application to a maximum period of year and if possible nine months In his introduction the township solicitor said the township wished approval for the holding by law for 18 months which was the period of time officials estimated it would take to introduce the township s Official Plan and attendant Zoning By law Mr Baines testified the purpose of the land holding by law is to prevent uncontrolled development In the municipality The township up to now has had control only on the creation of separate registered lots In the township and not upon the use to which those lots could be put The villages of Glen Williams Stewarttown and Limehouse are exempted from these provisions Robert J Swayze counsel representing the ratepayers association said his group opposed the by law because the Golden Horseshoe would be allowed a non conforming use under the proposed zoning bylaw which would follow They proposed the township should give permanent approval to the holding bylaw There were other objections from MA Morrow representing Systems Construction Ltd which proposes to build an addition to their present plant on Highway on the west half of Lot 5 and feel the land holding by law would Interfere as well as a number of township residents who testified it would interfere with the rights of owners to dispose of land as they saw fit Others supported the by law and urged immediate application to ensure proper planning In the township Chairman for the hearing was David Jamieson vicechairman of the Ontario Municipal Board with H Lancaster of the same body nety Year No 3d ACTON ONTARIO WEDNESDAY FEBRUARY 1971 Planner says township hodgepodge Township planner L Keddy of the M Dillon firm told Thursdays Ontario Municipal Board hearing Esquesing was a hedge podge of development with a lack of planning control that reflected in the number of problems the township was experiencing Ninety five percent of the township is used for farm purposes but this was contradicted by the fact that per cent of the buildings In has a non farming use Although the township is primarily rural growth in the past five years had been as high as percent away over the 2 percent average of the province Population in rural areas had increased percent in the years to while hamlets within the township had experienced only nine percent growth He noted that rural residents were not necessarily engaged In agriculture however Figures showed percent of the population were on census farms In but in 1966 this had been reduced to 21 percent Total farm area of the township had decreased nine percent from 1041 to and census farm figures decreased 31 percent Forty percent of farms in the township were less than acres and 23 percent less than acres So sixtythree percent of farms in the township were thus smaller than the norm for an farm Mr Keddy said this indicated a trend and without controls it would continue to break up the township farms Into uneconomic units subject to economic pressures medium and small sized farmers experience today Suggests control He noted there was a great amount of extractive industry in the township and felt there would be a five year time period on the Official Plan to regulate their operations His suggestion was Residents complain of drag strip Stockbroker Dentson Denny of the North Esquesing Association said his family member organization feels there Is a definite need of some type of land control in Mr Denny lives at Lot 27 Con Just off Highway and about ninetenths of a mile from the Golden Horseshoe an operation which consistently cropped up In testimony at the hearing Thursday Mr Denny said he had spent to fix up his property not Including the purchase of house and land and hoped he had found a quiet rural retreat where he and his wife could retire He owned property at Lot Con 7 but was driven out by a turkey farm and other development and decided to locate elsewhere Now he described the Golden Horseshoe as an abomination pure and simple Funny cars he said almost blasted him out of bed one night He testified noise after m was hard to live with and then residents had to contend with cars racing down the road terwards like boys on the track Devalue property Ellis Taylor treasurer of the Association had a similar complaint Mr Taylor lives feet and the width of a road from the strip and threequarters of a mile from the starting point He said noise and fumes from the Occasions Cut Flowers Polled Plants Funeral Arrangements Corsages Etc Opn 7 Day Waak Sam Til we wire flowers anywhere Caroline flower Garden Shop TWO MILES WEST OF ACTONSOUTH SIDE OP HIGHWAY strip were very upsetting and had devalued his property a great deal He also testified residents hod no idea the was going to establish at the site until residents got a petition and took it to council who claimed they knew nothing either He saw a need for restrictions and planning in the township Can Bleep Mrs Vivian to the Fear she testified A resident of the Line Mrs said her family cannot enjoy their home can t hear TV or go to sleep if they go to bed for the noise from the dragway She also complained of increased traffic and trespassing by fans Noise control expert John Marlow retained by the ratepayers association testified he had taken four readings with instruments on as many different dates and came up with readings that Indicated residents living within one and a half miles of the dragway were suffering severe irritation and tension caused by noise Normal rural noise is to decibels he claimed but readings he took on instruments at the Denny home and the residence of David Craig on the Fourth Line showed a decibel count as high as with the lowest He testified noise from the track was sporadic with wide variations of frequency and intensity His recording of track sounds was listened to by the hearing Character change Charles Hildebrand Lot Con said he also is strongly In of a holding by law since his experience with the dragstrip He said he had observed with dismay the original rural character of the area being destroyed 111 probably end up In a mental Institution he grinned as he recounted his experience He said the first Indication a drag strip was moving Into the township was January 24 seven weeks after the third reading of the holding by law The control tower was apprpved by council despite the fact people objecting were flowing over into the washrooms he declared Bowman favors Peter Bowman nearest neigh to the strip stated he was percentinfavorotthebylaw He said if he had tried to put a commercial business on his property he would have been slapped around but the township let a drag strip establish under the bylaw Noise from the strip he said vibrates the windows of his 102- yearold stone home and the lights from the strip light his house up Work commenced on the strip he testified on the first part of November but he said farming operation was carried on at the same time Further testimony about the drag strip was ruled by the chairman following Mr Bowman Quarry operators oppose long freeze solicitors representing the quarries who stressed the large investment required by the extractive industries and submitted that large parts of the township were unsuited to farming They felt restrictions on land use for quarries over months was unreasonable and hamstrung operations A one year freeze would be better submitted Henntngs counsel for Consolidated Sand and Gravel and one extending to Oct even better yet Consider economies Systems Construction counsel M A Morrow told Mr Keddy It was unreasonable to take square miles and expect to get an Official Plan and Zoning By law He wondered if planners had m considered the economics and the Esquesine extraction effect it would have on Industries industry told Thursday Ontario with plans for expansion such as Municipal Board they the one he represented He were already governed by the recommended the holding by law Niagara Act which be limited to six months rather regulates quarrying on the face than the proposed the escarpment and further Mr referred to Design regulations imposed by the for Development in the Toronto- township would be wrong as well centred region and Its emphasis being an overlapping of on recreation and agriculture In authority because the township in crossexamining control of the Mr Keddy His clients- North province Ratepayers rt J Associationfeared temporary Consolidated Sand and approval of the holding by law under the new by law might expire prior to approval of to definition of what is the zoning by law and this would by agricultural Purposes benefit the Golden Horseshoe his client would Dragway approval until the township He asked Mr how he felt meaning Sand and about the location of the drag operations should also be strip and its Impact on the surrounding three to five miles Poor location Mr said he felt the drag strip was not properly located in the township because of the proximity to residential areas of good quality homes But he also admitted he viewed the drag strip with mixed feelings because these operations were good for a certain segment of the population to let off steam Roads connecting with the strip he found adequate to handle increased traffic Any expansion at the drag strip he told the hearing would be dealt with on its merits when operators applied for an amendment to the zoning by law which would likely signify the strip as a nonconforming use allowed to operate in agricultural areas he said Responsibility to people Excuses from the township about lack of staff to hurry the time limit on the holding by 1 were not acceptable If the township needs staff they should get he said is responsibility to industry and people of the township The municipality has a responsibility to us as well as to all ratepayers to finalize plans as soon as possible Jennings continued He also claimed the by law should not affect properties his clients had received an endorsement to develop in the area Sparsely settled This acres which runs parallel with the est from lots to is sparsely settled in not fit for icjieultural purposes said 1 1 Jennings vice president general of the inn He said they with township council and discussed the company plans anticipating what was coming in the industry The my developed its own road into the intended plant site Their intention to mark out a long term reserve Now the company planned to construct a million plant within two years and development he strongly sum would be by the hoi lint by law Die idea of the township few acres of 1 to the quarries each year is not feasible he charged He felt pi for the future operation which included fool belt to screen the view were akquite to meet any Different problem Materials and Construction I td hud a different problem Ordered the provincial government to move their machinery to the top of the within two years vice president James testified it would be very difficult to company directors to vote the money if the quarry was operating under a non conforming use He said the company owned acres or which 240 were in I The land is in one block with acres dedicated to the Region Conservation Authority In Unique position rhe million job of moving mil timetable set by the put them in a unique position which he asked the Ontario Municipal Board to consider when they handed down on Mr llonan the company must rder equipment for IB months to two years delivery and if the did not vote money for the Job they would fall behind in their commitment and in trouble with the Minister In urged the to set time limit on the land freeze to the end of the year Residents support object to Testify to lack of land control Get with the Best Go with SKID00 SEE OUR SELECTION NOW MURT ALLISONS SALES Open Night PM NO BETWEEN ACTON GEORGETOWN PHONE 8775250 Veteran township clerk treasurer K Lindsay was the first to testify on behalf of the township at Thursday hearing He told the hearing there were no land use controls In the township and there had been an JUST Cauade HEATER HYDRO 3 Alee street A JOHNSON DOCTOtOF OPTOMETRY MILTON AND ACTON far Drtafe acceleration of separations for residential purposes in the last years where previously had been an agricultural community with demands for residential housing Records indicated there were separations in 1953 and this number rose until 1969 when there were separations granted They listed as follows 87 80 GO up until the time the Committee of Adjustment was formed and they passed another 104 156 68 208 and 147 Few Industrial Mr Lindsay said the major part of the separations were tor residential purposes but there were also a few commercial and a very few for industrial purposes Questioned he said there had been no serious study to show the amount of tax return for a residence to pay Its own way but the opinion was it must be assessed for over The township council perturbed at the increasing separations and lack of land controls consulted the Department of Municipal affairs before initiating action on a holding by law assisted by DMA officials Hold development variation of it It was his opinion His evidence was buttressed by the bylaw was in force once it the next witness Gary Wright of had been given third reading the community planning branch of the Department of Municipal Affairs who outlined steps the township and his department took to improve the situation Basic reason for urging the municipality to pass the holding by law he said was to hold development until an official plan and zoning bylaw could be developed and implemented The Department was concerned about the lack of planning in the township because the scattered pattern of development con of government policy for the region The situation was aggravated because was the only municipality this close to Toronto lacking in some land use control Mr Wright testified The department water pollution survey was unfavorable and they felt some means must be implemented to control the health hazard as well as protect other development Unfavorable developments occurred which council could not control other than by a subdivision control by law The Department suggested the format for the interim holding by law and turned out a Next to was Planning Board chairman Fred He outlined the action the board had taken since it was Ontario Municipal Board he urine also heard testimony from township clerk French solicitors C Itathcrland of Acton and I of Milton both representing themselves Dick representing ratepayers on the Fourth line and 17 1 Mrs I alri la Kyle Bingham a ratepayer on me Dillon and Robert Zmija others Mr French questioned said established in the Fall of He he understood construction on the said members felt some sort of olden Horseshoe zoning by taw should be enacted started prior to the passing of the to prevent uncontrolled holding by law moving development and they obtained started he said before council as much information as they was aware of what It was for He to droit one up Rut by the also testified council thought Fall of 1969 they saw they construction of the control tower t complete it fast enough at the dragway conformed to the to deal with problems so they by law met with Mr Wright to enact an interim holding measure Mr had The firm of M Dillon was engaged to draft an Official Plan and Zoning By law in the Spring of The draft of the Official Plan In the last stages now and there should be a public hearing on the plan proposals In March or April It will then be sent to the Minister for approval Planning Board Is engaged In preparing a draft of the zoning by law as the next step Mr said and a hearing on this should happen sometime during the summer He felt that there would be a lot of argument over acres abutting Acton and could be sen iced by the town think the land should be frozen since he wished to build apartments there and had already submitted a plan of subdivision Barrister F D Thompson told the hearing he bought a lot acres completely unaware of the by law and asked exemption so he could erect a home on the property Mr said a weigh scale constructed by after November where toning lines should be contrary to the by law He also drawn He also opined that If the asked how roads in an zoning by law was enacted by the agricultural area could be used fall they would be doing well for industry Lose franchise Mr with plans to construct a campground on high way next to the Silver Springs Motel said he would lose his franchise if he dldn build soon It was suggested he make formal application for an amendment so he could proceed Mrs Patricia lot Con said the township committee of adjustment had refused to allow them to build on their property and now it was frozen they would get nothing for the land they bought for an investment She said they may have to sell the property so they can build a house big enough for a growing family It was suggested the apply to the committee for another severance and If not successful to appeal to the Board Balance of year A resident of the said he was prepared to oppose the bylaw but after listening to the hearing he supported it But he felt the balance of the year would be ample time for it to be enforced ana an Official Plan in force Kyle Bingham Lot Con and said like to see his hands tied so he can move hand or foot He felt If he had to rely on his acres for agricultural purposes he would starve He was told the by law did not prevent future separations but only regulate land use Others who protested were told to apply for separations and then was a good possibility they be granted if they did no contravene the by laws