Author Archives: pneumann2015

Notice of 2017 Annual General Meeting – July 9, 2017

Dear Members of the North and South Otter Lake Association:

 Our Annual General Meeting will be held again this year at Frontenac Provincial Park Headquarters. The date of the meeting is Sunday, July 9, 2017. Here’s the schedule:

9:30 a.m.                  Coffee, paying memberships, nametags

10:00 a.m.                 AGM business

11:00 a.m.                 Tom Veldman, Deputy Chief, South Frontenac Fire Services

11:30 a.m.                 Ben Chabot, Park Superintendent

All members (or their designates) and new members are welcome. Membership dues remain at $10.00 per person. You can pay at the meeting; or if you prefer, or cannot attend the AGM, please complete the membership form (copy attached but also available online at https://nsola.org/forms/) and email transfer the dues, or post a cheque, to Mike Kramer, our treasurer, at the following address:

Mike Kramer mike.kramer@investorsgroup.com , 6541 Salmon Lake Road, Sydenham, ON K0H 2T0

In addition to our usual AGM business, Tom Veldman, Deputy Chief, South Frontenac Fire Services, has offered to talk to our group about fire safety and prevention, burning by-laws, and related matters. Ben Chabot, our Park Superintendent, has also kindly agreed to give a short talk providing an update on developments in the Park.

As we did last year, we invite you to stay after the meeting for coffee and snacks, and to meet, or catch up with other members in our group.

If you would like to add any items to the agenda please contact any of our executive at executive@nsola.org or nsola@nsola.org.

Thank you and we look forward to seeing you on July 9, 2017.

Your Executive

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OMB Appeal of Zoning By-law Amendments Affecting Buildings within 30 metre Setback Scheduled for May 25/26

An appeal initiated by the South Frontenac Waterfront Coalition (SFWC) to the Township’s recent zoning by-law amendments (see earlier posting on this topic) is now scheduled to be heard May 25/25 at the SF Township Offices.

SFWC has provided the following summary and background information on their appeal:

Neighbours:

Find below UPDATE 006 concerning our OMB challenge of the SFT Bylaw Amendment that restricts (and will eventually eliminate) all grandfathered waterfront property rights.
Please let me know if you would like a general info meeting to occur the weekend of 20-21 May.
BOTTOM LINE – SFT staff has confirmed to me that the intent of the bylaw amendment is to eventually REMOVE all LEGAL non-complying (grandfathered) structures by pushing them back outside the 100 foot set-back, or as far back as possible for those undersized lots that do not have 100ft depth
This is a huge revelation, however it has been our fear/suspicion all along and the reason why we appealed the bylaw amendment to the OMB.  We think:
1 – SFT does not have the legal authority to pass this bylaw.  The same piece of legislation that gives them the authority to make property bylaws, specifically exempts the making of Bylaws that restrict or frustrate LEGAL non-complying structures
2 – Regardless of the law, this is bad policy planning.  We think it will damage the health of our lakes as you are  going to see an increase in people building without permits and building without proper conservation authority oversight.  You will also see an eventual  property devaluation as people loose their grandfathered footprints.
3 – SFT has passed up on a real opportunity to be  a leader in municipal waterfront planning.  Our group approached this issue very reasonably and pragmatically.  By putting all parties in a room we felt a simple solution could be achieved that protects both our property rights and the environment.
BACKGROUND
1 – As you may recall, ever since the Bylaw Amendment was passed we have spent considerable effort to open dialogue with SFT.  We recognize that there is a lot of common ground such as the environment and property standards on which  to base a potential negotiated settlement.  Our goal was to come to an agreement where SFT environmental and property standard concerns could be complimented with a bylaw that also protects our property rights.
2 – Unfortunately, however, after approximately 10 months of effort SFT informed us in  mid April that they would only communicate through their lawyer AND (most importantly) that the INTENT of the bylaw is to see the eventual removal or push back of all structures within the 100 foot setback.   Unfortunately, SFT actions suggest that they think the only way their environmental and property standard goals can be achieved is to move pre-existing structures back.
If successful, I feel sorry for all the cottages that were built 30-50 years ago that need substantial  structural and foundational improvements to bring them up to today’s building code.
3 – Thankfully our legal/planning team has prepared for this situation.  They have already won a similar case at the OMB and on Appeal.  We are confident that the law and policy is on our side.
4  – Our OMB Appeal is scheduled for 25/26 May at the SFT Office
5 – COSTS:  We need your help.  This issue is rarely fought because the costs are too high for any one family to tackle.  But as a group we have strength in numbers.  We still need to raise additional funds. While we were able to raise the funds for the first hearing in February our costs increased 50% when a SFT mistake resulted in a 3 month delay
Ideally these new funds would come from new supporters.  Please spread the word.  However, if you are an existing supporter and have some additional money to commit please let us know.  We have asked for $300 per supporter, however multiple families have now contributed up to $1000.  No amount is too small.

If you would like to make a donation it can be e-transferred to eastmanjm@bell.net, or chqs can be made out to South Frontenac Waterfront Coalition and sent to (or dropped off at):

Jennifer Eastman 2114 Hambly Lane Hartington, ON K0H 1W0 613 374-5460

6 – LAKE ASSOCIATIONS:  Our best guess is that this issue will affect approx 1500 SFT residences.  I would guesstimate that 30-40% of all waterfront property has at least one grandfathered structure.   Please keep your membership informed.  We are not asking you to take a position, rather give your membership the information so they can make an informed decision.  I am happy to make myself available if you would like additional information.  Six lake associations have already contacted our group seeking additional information
Please do not hesitate to contact me if you have any questions.
Sincerely
Jeff Peck
peck.ja@kos.net

Thank you from Friends of Frontenac Park

Simon Smith, Interim President of the Friends of Frontenac Park (FFP), recently sent the attached letter to our organization thanking NSOLA for its donation to FFP ($500 as agreed by our members at this summer’s AGM).   As you can read in the letter the funds will assist with a number of important FFP activities consistent with its objective of developing programmes and materials which enhance the public’s awareness, education and appreciation of the natural environment and human history of Frontenac Park.

Peter Neumann, President, NSOLA

friends-of-frontenac-park-thanks-to-nsola-sep-14-2016

Culvert work completed

 

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Work underway on Bedford Road culvert lining

Work began last week on the lining of the Bedford Road culvert.  The liner consists of some type of polymer material that is applied by spraying it on the existing steel culvert.img_6220

Gallery

Work continues on Salmon Lake Road Culvert

This gallery contains 5 photos.

Work on Salmon Lake Road Culvert Underway

Work began last week (September 6) on the replacement of the Salmon Lake Road Culvert. The expected completion date is September 27, 2016.  img_6137

Bedford Rd Culvert Relining Work Delayed

Due to other commitments in July, the contractor who will be doing the relining of the culvert under Bedford Road has advised it will be unable to start the project before mid-August.

Township passes amendments to zoning by-law affecting existing structures within 30m setback

At its meeting on June 7, 2016 the Township accepted revised recommendations from the Planning Department (after input from the public) in regard to amending two sections of the comprehensive zoning by-law that deal with the issue of “non-complying” existing buildings within the 30 m setback of a waterbody/watercourse.

Section 5.10.2 of the by-law was amended to “clarify” that the “reconstruction” (as opposed to the repair, renovation or strengthening to a safe condition) of a building within the 30m setback is generally prohibited.  New wording was introduced to help with the “interpretation” of this section.  Here’s how it now reads (with the new language in bold text):

“5.10.2  Where a building has been erected prior to the date of passing of this Bylaw on an existing lot and said building has less than the minimum 30 metre (98.4 ft.) setback from the highwater mark of a waterbody or watercourse, then said building may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. Reconstruction of the building is prohibited. In addition, no living space shall be added below grade to any
existing building or structure.

For the purposes of interpreting section 5.10.2, once more than fifty percent of the exterior load-bearing walls of a structure located within the minimum 30 metre setback have been removed, the land is deemed to be vacant and the structure may not be reconstructed within the 30 metre setback.”

Section 5.11, which the Planning Department originally recommended be removed altogether, was left in place, although the sentence permitting replacement of existing buildings as a result of a “demolition permit required by the … Township” has been removed.  Here’s how the section now reads (words in italics are what was removed):

“5.11 REPLACEMENT OF BUILDINGS OR STRUCTURES
A building or structure, including a legal non-conforming and/or legal non-complying building or structure, may be replaced with a new building or structure in the case of partial or complete destruction caused by fire, lightning, explosion, tempest, flood or act of God [removed: or demolition permit required by the Corporation of the Township of South Frontenac or other authority for safety, health or sanitation requirements, providing such building or structure is serviced by a potable water supply and sewage disposal system approved by the appropriate responsible authority]. A building permit will only be issued, in the absence of zoning relief, provided no enlargement of the footprint or increase in gross floor area is proposed and provided the permit is applied for within 12 months of the partial or complete demolition/destruction. The replacement building shall be located on and not increase the footprint or gross floor area of the nonconforming/non complying building. The applicant shall provide proof to the satisfaction of the Chief Building Official that there will be no increase in the size of the building footprint or gross floor area and that the replacement building will be located within the same footprint as the non-conforming/non-complying building. Where applicable, flood proofing and avoidance of erosion hazards should be
considered.”

 

Proposed zoning by-law changes related to buildings within 30m setback from water

I recently received an email regarding proposed changes to the zoning by-law related to buildings located within the 30m setback from the water.  A summary of the issue can be found on the website of the Sydenham Lake Association:

http://sydenhamlake.ca/news/?p=1722

The following documents explain the issue well including the concerns of cottagers/residents with properties in the affected zone. Essentially, the concern is that a “housekeeping” change will in fact prevent owners with “grandfathered” structures from changing their buildings in any way which involves removing a wall and would make it easier to extinguish grandfathered rights if a wall were removed.  Read the attachments….

Friends and Neighbours

HouskeepingReportToCofW2016 copy (1)

Peter, President NSOLA