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THIS IS NOT A GIMMICK OFFER SEE PROCLAMATION SEE US FOR ALL YOUR EQUIPMENT NEEDS MUNICIPAL HOLIDAY $100 0N Mâ€"F 35’s $150 0N Mâ€"F 65’s has been declared a TERRIFIC BUYS RICHMOND HILL for the NORMAN BRIANT Thank goodness. the snow is retreating â€" but the Big Snowman is still here. TU. 4-1124. at THE BIG SNOWMAN. on Yonge Street. 2 miles 'north of Richmond Hill. NOW! STAN 'TROYER LAWN AND GARDEN EQUIP- MENT SALES & SERVICE. Don't put it oh“! Come in First come - first served. At The Big Snowman. Richmond Hill. Ont. W. L. CLARK. Reeve Township of Markham 255 Ashlar Road TU. 4-2291 TU. 4-4464 P6012! The reeve then asked Mr. Com- rey whether the delegation was opposing this particular case for any specm reason. He said he The clerk went on to explain that subsequently a gToup of owners from the subdivision had approached council to pass a by- law to. restrict existing lots with one dwelling to each lot. In other words as Mr. Comrey had explained. they had wanted to Reeve John Perry then asked the clerk. “Is there any way in which the building permit which had been issued, could be res- cinded?” The clerk replied that he thought it was a matter which only the courts could settle. The Reeve asked. "So this oth- er parcel was created prior to the passing of the by-law. The clerk confirmed that that was the pos- ition. “keep things as they were Matter For Courts Mr. Perry then asked Clerk Jim McDonald if he could give coun- cil the facts of the case. The clerk recounted the background of the case which was substan- tially in line with the case as presented earlier by Councillor Ralph. “In 1957 an application to subdivide had been made to the planning board. establishing a new 300 foot lot. and for permis- sion to erect a single dwelling house. The applications had been approved by council and the Mun- icipal Board. There had been no obpections at the time from other ratepayers and the byâ€"law to which the delegation referred had not at that time been passed. Prior To By-Law of the delegation went on for about ten minutes. There was not another sound in the council chambers (I almost wrote ‘court- room). This verbal duel between the two solicitors. one a member of council and the other a member When the reeve finally inter- rupted. hé said "It is not usual for council to sit quietly for so long. but it has been interesting to hear two legal men discussing this matter". Clerk's Explanation The severance had been grant- ed at the time, with the object that an additional dwelling house should be built on the new lot established by the severance. Appropriate permissions had been granted including permission of the planning board and the Mun- icipal Board. He concluded by ask- ing Mr. Comrey a further quesâ€" tion. “Can a byâ€"law passed by council be made retroactive in a case like this?” He went on to ask a further question, “Can any member of this delegation state that the building in question is injurious in any manner to ex- isting property or the subdi- vision?” Lot Owner's Rights Mr. Ralph pointed out that the owner of the lot in question was also a ratepayer and a local resi- dent and that he had basic rights also. Verbal Duel Councillor Ralph went on to explain that the s’everance in question had occurred prior to the passing of the by-law. He said that therefore the by-law could not apply in this case. Is It lnjurious? He added that in his View the township could not rescind the permit. nor ought it to do so. Councillor Ralph asked Mr. Comrey if he was of the opinion that the township having agreed to the creation of a separate par- cel of land, having accepted the appropriated fees and having de- livered tax bills following the sev- erance. it could properly rescind a building permit already granted. Mr. Comrey said that since it contravened the by-law, he thought so. Councillor Ralph stated that he could not agree. Could Not Rescind Permit Councillor Bruce Ralph immed- iately took issue with Mr. Com- rey. Himself a solicitor. a legal battle ensued which for a few minutes converted the council chamber into a court room with the air charged with the argu- ments of both sides. Other members of council sat unusually quiet listening to the discussion as it developed. Asks Leading Question "Rescind the permit and let the chips fall where they may," con- cluded Mr. Comrey. Councillor Takes Issue The delegation, said Mr. Com- rey. was now complaining that one resident â€" he was a new owner who had recently purchas- ed a parcel of land made avail- able by the severance of an ex- isting lot â€" had obtained a building permit and construction of a new house had commenced. The delegation suggested that this was a violation of the by- law, that the permit should not have been issued. and it request- ed council, said Mr. Comrey, to rescind the permit. Under this by-law it was pro- hibited for any landowner in the subdivision to cause a severance of his property and to erect an additional house. The same res- triction would apply to any new owners purchasing the land and property from an original owner. Mr. Comrey said that the rate- payers had wanted this because the area was a very pleasant one as it was and they wanted it to stay that way. Violation of By-law Prohibits New Building Mr. Comrey for the ratepayers explained to council that in 1957 many of the landowners living in the subdivis- ion had asked council to pass a by-law prohibiting division of existing lots which could lead to further house-building. and that the request had been granted and a by-laW passed. Before proceeding with the normal agenda, Reeve John Perry invited the delegation to state its case. A local solicitor. Mr. Comrey, was introduced as speaker for the delegation. (by Paul Delmer) Twenty-two people attended Monday's meeting of the Vaughan Township Council. Fifteen of them formed 3 del- egation of ratepayers from the McMann Subdivision, who waited on council to complain of an alleged breach of a by-law by a resident in the subdivision. Legal Men Duel In Council Chamber “YES!” - - We have just what you want - - - a $300 car for $150 - - o See To this the reeve replied, "That we will not do". “What we will do,” he added. "is to see it does not occur again”. Mr. Perry went on to explain that according to all that had been said it seemed clear this particular case was outside the control of the by-law. However. there were no other such cases and the property own- ers present could rest satisfied that the by-law protected their wishes for the future. He did add that council would do what It could subject to legal advice but that it was obviously the op- inion of council nothing could be done so far as this particular case was concerned. Mr. Comrey conceded that he was not able to say whether the objections to the new property could be up- held in a court. The discussion was closed by the reeve inviting the ratepayers to “come backVagain". Wm. NEAL & Sons a scrap of paper .which meant nothing at all". He threw it into the council table. The same spea- ker cast a shaft at a member of council when he concluded, “I’m surprised at Councillor Anstey. He lives in the area but appar- ently saw nothing.” Winding up for the delegation, Mr. Comrey said that he had to take a stand and that for the delegation he must request the building permit be rescinded. Will Not Do Mr. Keller on his part was supported by other members of the delegation who did not give their names but said they were close neighbours and equally af- fected. One member of the dele- gation suggested that a letter re- ceived from council’s solicitor commenting on the matter of the building permit. was “nothing but The reeve stated that he had to disagree. “No Municipal Board hearing" is held.” he said, “with- out notification and an opportun- ity being given to all whom it might concern to be heard”. He was supported in this statement by the clerk and by member: of council. Obstructs View A member of the delegation, a Mr. Keller. said he lived on Oak~ bank Rd, and almost directly op- posite the new building which was now under construction. He said that it would obstruct his View to the north. He had bought his property because of the views. He said that people in the subdi- vision had bought their proper- ties from the blueprints available and related to the conditions as they were at that time. He sug- gested that additional buildings being added like this .would af- fect property values harmfully, that it was on the part of coun- cil a matter of faith. The prop- erty owners had bought in good faith upon certain existing con- ditions. It was up to council to see that those conditions were not changed. Reeve Disagree: of the Municipal Boal‘dwlleaiiijlg when the original application came up. Scrap of Paper Mr. Keller also maintained'that rqsip‘lentisi had not been informed The reeve asked, “Why was this severance permitted?” Coun- cillor Ralph replied that there had been no by-law then. There was nothing at that time to pro- hibit such severance. Again the reeve asked the dei- egation. “Is there anyone here who can say that the new build- ing is injurious to the subdivis- ion?" At this stage Deputy-reeve Ry- der intervened to ask. “Were representations made at the time of the original application oppos- ing this other property?” He asked if a deed for the property had been given before the pass- ing of the by-law. Mr. Comrey ag- reed that that was the position. Councillor Ralph added that Mr. Gillings, the building inspector, had brought the matter before council and that approval of both planning and Municipal Boards had been obtained. Mr. Comrey replied that he had made his point. “It is a well founded point,” he added. The reeve responded that it looked as if the delegation would have to go to the Municipal Board. Approvals Granted had to ask as Councillor Ralph already had done. “Are there any injurious effects?” He said that there had to be a reason for any action which .might be taken. Well Founded Point 61 Yonge St. S. 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