Peter & Janelle Zajaczkowski - Approval for a consent (subject to conditions) in an area where there is no official plan in place

This Application 60-C-185870 for Consent was given conditional approval on June 14, 2019 and was amended on June 12, 2020.  The last day to appeal this decision under the Planning Act is July 2, 2020.

A new condition was added to deal with potential encroachment of a Crown road unto private property.  The Ministry must obtain from the applicants’ verification by an Ontario lands Surveyor that the Crown road is not located on private property.  If the Crown road is on private property, an easement application must be received from the private property owner and draft approval obtained prior to final approval; or the road relocated within the Crown road allowance prior to final approval.

All other conditions remain unchanged. The provisional Consent will now lapse one year from the date of this Notice. The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before July 2, 2020.

Application 60-C-185870 has been approved subject to the following conditions:

1. That prior to final approval, and pursuant to subsections 53(12) and 51(25) and 51(26) or (27) of the Planning Act, the applicant shall enter into a Consent Agreement for each new lot with the Ministry of Municipal Affairs and Housing (MMAH), to its satisfaction, addressing the use and potential development of the new lot, including:
   • The lots can only be used for resource-based recreational uses (including a resource-based recreational dwelling) and is not to be used for permanent residential use.
   • Access to the lot is provided from the south by “Gold Creek Drive”, and not by the private road from the north known as “Lindstroms Road” or “Pine Portage Bay Road”;
   • Provisions to obtain undertakings from the applicant and/or the applicants lawyer to implement conditions and requirements, including that the Consent Agreement be registered on title in priority to other documents; and
   • Provisions relating to the enforcement of the Consent Agreement.
2. That prior to final approval, the Ministry must receive written confirmation from the Storm Bay Local roads Board indicating that Gold Creek Drive is within the board’s jurisdiction, is maintained by the board, and that the board has no concerns with proposed new access to the two new severed lots and the retained lot.
3. That prior to final approval, the Ministry receive written confirmation from MTO that the road known as “Lindstroms Road”, and also known as “Pine Portage Bay Road” has been ditched and rendered impassable where the road intersects with the northern boundary of PIN 42125-0349.
4. That the owner(s) of the retained parcel undertake that private road on their property known as “Lindstroms Road”, and also known as “Pine Portage Bay Road” has been ditched and rendered impassable, and that they will not alter, remove or fill in the ditch where the road intersects with the northern boundary of PIN 42125-0349 in anyway which would allow the roadway to become passable.
5. That prior to final approval, the Ministry must receive written confirmation from the Ministry of Natural Resources and Forestry indicating that the access road across Crown land has been constructed to MNRF standards and a Memorandum of Understanding is in place for the maintenance and liability of this road, or that prior to final approval, the Ministry must receive written confirmation from the Ministry of Natural Resources and Forestry indicating that a work permit for the access road across Crown land has been issued and written confirmation from the Storm Bay Local Roads Board indicating that the road has been built to their standards and that the Roads Board will assume maintenance and liability.
6. That prior to final approval, written confirmation is received which states that there is adequate capacity to dispose of hauled sewage generated by the severed and retained lands. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, referencing the disposal facility and the related MOECC approval, and confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the proposed lots.
7. That prior to final approval, an archaeological assessment by a licensed archaeologist under the Ontario Heritage Act must be prepared and submitted. The assessment report must conform to the Ministry of Tourism, Culture and Sport (MTCS) standards and guidelines for Consultant Archaeologists (2011). The licensed archaeologist should forward a copy of the completed assessment report to the MTCS for review by an Archaeology Review Officer, and following the review, an acceptance letter submitted to MMAH confirming MTCS is satisfied that no further assessment is required.
8. That prior to final approval, a wildland fire assessment which includes possible mitigation measures be undertaken and provided to the Ministry.
9. The Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively an acknowledgement by the transferor and transferees if the transaction is between family members, contains the following clause:
   • A wildland fire assessment has been completed for the subject lands and has been made available to the purchasers with a copy of the “Wildland Fire Risk Assessment and Mitigation Reference Manual”
10. That prior to final approval by this Ministry, a flowage easement to elevation 324.6 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928) is required on the severed and retained lands provided a flowage easement or hazard land zone to the level does not already exist.