HomeMy WebLinkAboutAppeals Standing Committee Minutes February 7, 2023 CAPE BRETON REGIONAL MUNICIPALITY
APPEALS STANDING COMMITTEE
MINUTES
Tuesday,
February 7, 2023
4:07 p.m.
Council Chambers
2nd Floor, City Hall
320 Esplanade Sydney, NS
Councillor Eldon MacDonald called the meeting to order.
Council: Councillor Eldon MacDonald, Chair
Councillor Gordon MacDonald
Councillor Steve Gillespie
Councillor Glenn Paruch
Councillor Steve Parsons
Councillor Ken Tracey
Councillor Lorne Green
Staff. Deborah Campbell Ryan, Municipal Clerk
Michael Ruus, Director of Planning & Development
Karen Neville, Senior Planner
Paul Burt, Manager Building, Planning & Licensing Laws
Sharon MacSween, Recording Secretary
Absent: Mayor Amanda M. McDougall-Merrill (Regrets)
Councillor Earlene MacMullin (Regrets)
Councillor Cyril MacDonald (Regrets)
Deputy Mayor James Edwards (Regrets)
Councillor Darren Bruckschwaiger (Leave of Absence)
Councillor Darren O'Quinn (Regrets)
Appeals Standing Committee Minutes
February 7, 2023 Approved June 13, 2023 Page 2 of 9
Summary of Decisions
Land Acknowledgment
Roll Call
1. APPROVAL OF MINUTES
Motion to approve the Appeals Standing Committee Minutes of:
➢ December 14, 2021
Carried.
2. APPROVAL OF THE AGENDA
Motion to approve the February 7,2023 Appeals Standing Committee Agenda as presented. Carried.
3. Dangerous and Unsightly Properties —Notices of Intent to Demolish:
a) File#12877; PID #15458755—7527 Main Street, Louisbourg, District 8
The property owner of 7527 Main Street, Louisbourg, addressed the Appeals Standing Committee
and provided his plan of work for the property.
Motion that a Ninety Day Order to Demolish be issued for the building located at 7527 Main Street,
Louisbourg, District 8, PID 415458755. Carried.
b) File#12602; PID #15401466—49 Foundry Street, Glace Bay, District 9
The property owner of 49 Foundry Street, Glace Bay, addressed the Appeals Standing Committee
and expressed his concerns regarding his property and that his intention is to sell the property.
Motion that a Thirty Day Order to Demolish be issued for the building located at 49 Foundry Street,
Glace Bay, District 9, PID 415401466. Carried.
The Appeals Standing Committee recessed
The Appeals Standing Committee reconvened
Continued...
Appeals Standing Committee Minutes
February 7, 2023 Approved June 13, 2023 Page 3 of 9
Summary of Decisions (Cont'd)
c) File#12306; PID #15498975—387 Donkin Highway, Port Caledonia, District 8
Motion that a Thirty Day Order to Demolish be issued for the building located at 387 Donkin
Highway, Port Caledonia, District 8, PID 415498975. Carried.
d) File#12307; PID #15385198—189 Wallace Road, District 10
Motion that a Thirty Day Order to Demolish be issued for the building located at 189 Wallace Road,
Glace Bay, District 10, PID 415385198. Carried.
e) File#12482; PID #15186752 —39 Maple Street, Scotchtown, District 11
Motion that a Thirty Day Order to Demolish be issued for the building located at 39 Maple Street,
Scotchtown, District 11, PID 415186752. Carried.
f) File#12515; PID #15417108—114 Shaft Street, Glace Bay, District 9
Motion that a Thirty Day Order to Demolish be issued for the building located at 114 Shaft Street,
Glace Bay, District 9, PID 415417108. Carried.
g) File#12516; PID #15417116—116 Shaft Street, Glace Bay, District 9
Motion that a Thirty Day Order to Demolish be issued for the building located at 116 Shaft Street,
Glace Bay, District 9, PID 415417116. Carried.
h) File#12871; PID #15180516—42 Crescent Street, Sydney Mines, District 1
Motion that a Thirty Day Order to Demolish be issued for the building located at 42 Crescent Street,
Sydney Mines, District 1, PID 415180516. Carried.
ADJOURNMENT
Appeals Standing Committee Minutes
February 7, 2023 Approved June 13, 2023 Page 4 of 9
Land Acknowledtement
Roll Call
Councillor Eldon MacDonald advised that Mayor McDougall-Merrill and Deputy Mayor Edwards
were not able to attend the meeting and that he was asked to Chair the meeting on their behalf.
1. APPROVAL OF MINUTES
Motion:
Moved by Councillor Green, seconded by Councillor Tracey, approval of the Appeals Standing
Committee Minutes of:
• December 14, 2021
Motion Carried.
2. APPROVAL OF THE AGENDA
Motion:
Moved by Councillor Parsons, seconded by Councillor Gordon MacDonald, to approve the February
7, 2023 Appeals Standing Committee Agenda as presented.
Motion Carried.
3. Dangerous and Unsightly Properties —Notices of Intent to Demolish:
The Manager of Building Planning and Licensing Laws advised that there are eight(8)Dangerous and
Unsightly Properties which have been issued a Notice of Intent to Demolish that will be addressed on
the agenda.
Councillor Eldon MacDonald advised that individuals requesting to address the Committee on specific
properties included on the agenda would be provided with up to 10 minutes to speak on an appeal.
Continued...
Appeals Standing Committee Minutes
February 7, 2023 Approved June 13, 2023 Page 5 of 9
Dangerous and Unsightly Properties—Notices of Intent to Demolish (Cont'd):
a) File#12877; PID #15458755—7527 Main Street, Louisbourg, District 8
Mr. Roderick MacNeil, mortgage broker from Prince Edward Island and property owner of 7527 Main
Street, Louisbourg, addressed the Appeals Standing Committee. He advised that he purchased the
vacant property over 2 years ago with the intention to renovate the building.A contractor partly rewired
the building under a temporary power permit however did not finish the work. Mr. MacNeil advised
that he was required to wait for the existing permit to expire before he could apply for a new permit
due to liability and responsibility of that electrician on that permit and that was holding up the project.
And then the roof blew off the building during post tropical storm Fiona. The sheathing will be
removed and repaired, and Mr. MacNeil advised he has a permit for the same. The power permit
expired in December, and after the roof is repaired, he will be obtaining a complete quote to have the
building brought up to standard as his plan is to rent out the 8 apartment units. Mr. MacNeil advised
that the building is secure with a lock box on the side. He disagreed that the building is unsightly or
not secure.
After Mr. MacNeil's appeal, Councillor Tracey advised that Deputy Mayor Edwards asked that he
convey that the Deputy Mayor is in support of Mr. MacNeil's plan and that he would support the delay
of demolition to allow Mr. MacNeil an opportunity to continue work on the building.
Discussion also took place regarding whether the property has a heritage designation as it was noted
that the building has architectural value, whether the property was occupied when it was purchased
and the future plan for the building. The following motion was then put forward:
Motion:
Moved by Councillor Green, seconded by Councillor Parsons, that a Ninety Day Order to Demolish
be issued for the building located at 7527 Main Street, Louisbourg, District 8, PID 415458755.
Discussion:
The Manager of Building Planning and Licensing Laws explained that a Ninety Day Order to Demolish
will be on file in the event that the property owner does not follow through with the plan for the
property.
Motion Carried.
In response to a question by Councillor Green as to why other dangerous unsightly properties that are
a concern to CBRM are not included on this agenda but this property was, the Manager of Building
Planning and Licensing Laws advised that during Fiona,the roof blew off and debris from the property
was throughout the neighbourhood, and his department received a number of complaints and was
brought forward to the Appeals Standing Committee based on worst first through scoring and an
assessment by staff.
Appeals Standing Committee Minutes
February 7, 2023 Approved June 13, 2023 Page 6 of 9
Dangerous and Unsightly Properties—Notices of Intent to Demolish (Cont'd):
b) File#12602; PID #15401466—49 Foundry Street, Glace Bay, District 9
Mr. George A. Pond,property owner of 49 Foundry Steet, Glace Bay, addressed the Appeals Standing
Committee. Mr. Pond advised that he is 88 years of age, hard of hearing and has some health issues.
He expressed his concerns regarding how his vacant property came to be in the state that it is and stated
that all of the damage is cosmetic. He advised that cupboards,bathroom fixtures, siding, and tools were
stolen and that he has not had success in contacting the Police Department regarding the same. He also
expressed concerns regarding a neighbour. Mr. Pond advised that at this point, his intention is to sell
the house for the best price.
Manager of Building Planning and Licensing Laws advised that since it is Mr. Pond's intention to sell
the property, he is recommending that the property be marketed as a vacant lot.
Mr. Burt advised that the building has been vacant for over 20 years and has had a previous order issue
to secure and clean up the property. The building has structural defects and in its current condition,
poses a fire hazard and a risk to anyone entering the property and is a risk to adjoining properties. A
30 day demolition order is recommended.
Councillor Tracey expressed his concerns regarding the condition of property and agreed with
recommendation of Manager of Building Planning and Licensing Laws.
Motion:
Moved by Councillor Tracey, seconded by Councillor Green, that a Thirty Day Order to Demolish be
issued for the building located at 49 Foundry Street, Glace Bay, District 9, PID #15401466.
Discussion:
The Manager of Building Planning and Licensing Laws discussed scoring of the property and also
advised that the property owner has an option to contact a lawyer if he chooses.
Motion Carried.
Mr. Burt indicated that he would refer the concerns that Mr. Pond raised regarding his neighbour to
Police and will explain to Mr. Pond the process, what took place today and what his options are
regarding his property.
The Appeals Standing Committee recessed at 5:00 p.m.
The Appeals Standing Committee reconvened at 5:03 p.m.
Appeals Standing Committee Minutes
February 7, 2023 Approved June 13, 2023 Page 7 of 9
Dangerous and Unsightly Properties—Notices of Intent to Demolish (Cont'd):
c) File#12306; PID #15498975—387 Donkin Highway, Port Caledonia, District 8
Paul Burt, Manager Building Planning and Licensing Laws, advised that the owner of 387 Donkin
Highway,Port Caledonia is deceased and the next of kin on file in the tax office is also deceased. Their
family who resides next door are in support of the demolition and there is no one willing to take
responsibility for the property. The building is beyond repair and is full of garbage. The family is
interested in being free and clear of the property including and encumbrances. Staff recommends a
Thirty Day Order to Demolish be issued.
Motion:
Moved by Councillor Parsons, seconded by Councillor Tracey, that a Thirty Day Order to Demolish
be issued for the building located at 387 Donkin Highway, Port Caledonia, District 8,PID 415498975.
Motion Carried.
d) File#12307; PID #15385198—189 Wallace Road, Glace Bay, District 10
Paul Burt, Manager Building Planning&Licensing Laws, advised that the required Notice was posted
to the property and was also sent to the registered owner via Canada Post registered mail. The mail
was not picked up and no one has contacted his office with an intent to appeal. The building is unsound,
unsafe and unsightly and the building is not salvageable. Staff recommends that a Thirty Day Order to
Demolish be issued.
After the Appeals Standing Committee discussion, the following was put forward:
Motion:
Moved by Councillor Tracey, seconded by Councillor Paruch, that a Thirty Day Order to Demolish be
issued for the building located at 189 Wallace Road, Glace Bay, District 10, PID 415385198.
Motion Carried.
e) File#12482; PID #15186752 —39 Maple Street, Scotchtown, District 11
The Manager of Building Planning and Licensing Laws advised that staff recommends that a Thirty
Day Order to Demolish be issued. The building is unsound and is an older mobile home which
previously had a fire and has a large hole in the ceiling. The property owners have no objection to the
demolition and have tried to market the property as a vacant to sell it.
Motion:
Moved by Councillor Paruch, seconded by Councillor Parsons, that a Thirty Day Order to Demolish
be issued for the building located at 39 Maple Street, Scotchtown, District 11, PID 415186752.
Motion Carried.
Appeals Standing Committee Minutes
February 7, 2023 Approved June 13, 2023 Page 8 of 9
Dangerous and Unsightly Properties—Notices of Intent to Demolish (Cont'd):
f) File#12515; PID #15417108—114 Shaft Street, Glace Bay, District 9
The Manager of Building Planning and Licensing Laws advised this property is one half of a duplex
and the other half of the duplex will be the next file. Staff prefer to address both sides of a duplex when
a demolition is being recommended. A Notice of Intent was posted to the property and the Tax Office
assisted staff in providing an address for the registered owner. A registered Notice of Intent to
Demolish was sent but the letter was undeclared. The property scored 90 and staff recommend that
Thirty Day Order to Demolish be issued for the building.
Motion:
Moved by Councillor Gordon MacDonald, seconded by Councillor Tracey, that a Thirty Day Order to
Demolish be issued for the building located at 114 Shaft Street, Glace Bay, District 9,PID 415417108.
Motion Carried.
Councillor Eldon MacDonald asked that when there are scores that include the interior of a property,
there should be photos of the interior in the agenda to show the damage indicated by scoring. The
Manager of Building Planning and Licensing Laws advised that recent photos were used for the other
file. This building was boarded up and he indicated that he did not want to open up the building as it
would not be safe for staff to take a current interior photo of the property. In future situations, recent
photos from a file will be used for a report for the agenda.
The Appeals Standing Committee also discussed rodents and pest control, qualified demolition
contractors, the tender process and demolitions.
g) File#12516; PID #15417116—116 Shaft Street, Glace Bay, District 9
The Manager of Building Planning and Licensing Laws advised that this property is the other side of
the duplex of the previous file. A Notice of Intent was posted to the property and the Tax Office assisted
staff in providing an address for the registered owner. A registered Notice of Intent to Demolish was
sent but was undeclared, and no one has presented to appeal the Order. The building is in bad shape
and staff recommends that a Thirty Day Order to Demolish be issued.
Motion:
Moved by Councillor Parsons, seconded by Councillor Tracey, that a Thirty Day Order to Demolish
be issued for the building located at 116 Shaft Street, Glace Bay, District 9, PID #15417116.
Motion Carried.
Appeals Standing Committee Minutes
February 7, 2023 Approved June 13, 2023 Page 9 of 9
Dangerous and Unsightly Properties—Notices of Intent to Demolish (Cont'd):
h) File#12871; PID #15180516—42 Crescent Street, Sydney Mines, District 1
The Manager of Building Planning and Licensing Laws advised this property is half of a duplex and
the owner of the other side of the building, which is 44 Crescent Street, has signed of a waiver to
demolish that side of the property and the cost for that half will be applied to the taxes, noting that this
property will be going to a tax sale. Notice of Intent to Demolish was posted on the property, the
Notice was sent to the owner by registered mail and was undeclared. Today, no one has presented to
appeal the Order and staff recommends that a Thirty Day Order to Demolish be issued.
Motion:
Moved by Councillor Gordon MacDonald, seconded by Councillor Paruch, that a Thirty Day Order to
Demolish be issued for the building located at 42 Crescent Street, Sydney Mines, District 1, PID
#15180516.
Discussion:
In response to a question by Councillor Gordon MacDonald, the Manager of Building Planning and
Licensing Laws advised that both sides of the duplex will be demolished as the property owner signed
a waiver for the demolition of 44 Crescent Street, Sydney Mines.
Motion Carried.
Adjournment 5:19 p.m.
Councillor Eldon MacDonald Deborah Campbell Ryan
Chairman Municipal Clerk
/slm