Loading...
HomeMy WebLinkAboutApril 18, 2002PICKERING AGENDA STATUTORY PUBLIC INFORMATION MEETING Anne Greentree Supervisor, Legislative Services APRIL 18, 2002 Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, April 18, 2002 7:00 P.M. Chair: Councillor McLean 3. 4. 5. DRAFT PLAN OF SUBDIVISION SP-2002-01 ZONING BY-LAW AMENDMENT APPLICATION A 01/02 MARSHALL HOMES (DUNBARTON) LIMITED LOTS III, Il2, 113, PART OF LOTS 114 AND 115, PLAN 1051 EL.~_AST SIDE OF FAIRPORT ROAD NORTH OF WEL...~RUS STRE~ Explanation of application, as outlined in Information Report #11-02 by Planning Staff Comments from the applicant. Comments from those having an interest in the application. Response from applicant. Staffresponse 1-8 (11) 3. 4. 5. DRAFT PLAN OF SUBDIVISION APPLICATION 18T-88059 (REVISION 2) ZONING BY-LAW AMENDMENT APPLICATION A 03/02 711053 ONTARIO INC. & 562503 ONTARIO LIMITED PART OF LOT 4, CONCESSION 5, PART 2, PLAN 40R-4159 EASE SIDE OF SIDELINE 4 SOUTH OF HIGHWAY 7 Explanation of application, as outlined in Information Report #12-02 by Planning Staff Comments from the applicant. Comments from those having an interest in the application. Response from applicant. Staff response. 9-18 PICKERING 01 INFORMATION REPORT NO. 11-02 FOR PUBLIC INFORMATION MEETING OF April 18, 2002 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision SP-2002-01 Zoning By-law Amendment Application A 01/02 Marshall Homes (Dunbarton) Limited Lots 111, 112, 113, Part of Lots 114 and 115, Plan 1051 (East side of Fairport Road, north of Welrus Street') City of Picketing 1.0 2.0 3.0 3.1 3.2 PROPERTY LOCATION ANI) DESCRIPTION the subject lands are comprised of 3 lots along with tiao rear portions of two additional lots, located on the east side of Fairport Road, north of Welrus Street, and currently supports 3 detached dxvellings; a property location map is provided for reference (see Attachment #1 )7 the subject lands are surrounded by existing detached residential dwellings; APPLICANT'S PROPOSAl. the applicant proposes to establish 23 detached dxvellings on lots with minimum lot frontages of 12 metres fronting onto two new public streets with access from Fairpon Road; the applicant's proposed subdivision plan is provided for reference (see Attachment #2); the majority of the proposed lots on "Street A" as labelled on the applicant's submitted plan are proposed to be "wide-shallow" lots with lot frontages of 12 metres, lot depths of 27.6 metres and lot areas of approximately 331 square metres; the proposed lots fronting onto "Street B" as labelled on tile applicant's submitted plan are proposed to provide lot frontages of 12 metres, lot depths of 51 metres and lot areas of approximately 612 metres: tile proposed zoning bv-laxv amendment would permit tile 23 detached dwellings to be constructed, and would establish specific zoning standards for that development to adhere to. OFFICIAL PLAN AND ZONING Durham Regional Official Plan identifies the subject lands as being within a "Living Area", where development is intended to be predominantly for housing purposes; the proposal appears to confom'~ to this designation. Pickering Official Plan identifies the subject lands as being located within an "Urban Residential - Low Density Area" within the Dunbarton Neighbourhood; permissible uses within this designation include residential uses; the Plan establishes a density range for residential development within this designation of up to 30 units per net hectare; 0 2 Information Report No. 11-02 Page 2 3.3 3.4 4.0 4.1 4.2 4.3 the proposed development would provide a net site density of approximately 23 units per hectare (based on the proposed 23 lots being developed on approximately 1.04 hectares of land): the applicant's proposal conforms to the policies of the Plan; Dunbarton Neighbourhood Design Guidelines the Dunbarton Neighbourhood Development and Design Guidelines. which are Council adopted policies intended to guide new development in the area in a manner which is compatible with the existing neighbourhood, state that, on new internal roads, (such as the two streets proposed by Marshall Homes) only detached dwellings be permitted with minimum lot frontages of 12 metres; the Dunbarton Neighbourhood Development and Design Guidelines indicate that new developments shall maintain building setbacks consistent with recent subdivision standards such as front yard depths of 4.5 metres, side yards widths of 1.2 metres and 0.6 metres the guidelines provide additional information with respect to the proposed road patterns for the Dunbarton Neighbourhood (see Attachment #3); the applicant is proposing an amendment to the future road pattern in the Dunbarton Neighbourhood by providing an access point to Fairport Road in a location further south than was contemplated by the guidelines and is proposing to delete the future northern extension of the new internal road beyond the subject lands; Zoning By-law 3036~ as amended - the subject lands are currently zoned "R3" - Detached Residential Dwelling Zone, by Zoning By-law 3036, as amended; - the existing zoning permits detached dwellings with minimum lot frontages of 18 metres and minimum lot areas of 55 square metres; - an amendment to the zoning by-law is required to allow the development of 23 detached dwelling units on lots with minimum lot frontages of 12 metres; - additional zoning provisions may be required to address the proposed "wide-shallow" lots. RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to-date; Agency Comments No Objections or Concerns: - Ontario Power Generation, Le Conseil Scolaire Catholique de District centre-Sud. Staff Comments - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: ensuring that the proposed development is compatible with, and sensitive to, surrounding existing residential development; · ensuring that the proposed street, and lotting pattern does not prejudice the future development of other lots within the Dunbarton Neighbourhood; · ensuring that the proposed access from Fairport Road will function appropriately for this site and future developments on Fairport Road; · reviewing supporting technical submissions and reports to ensure that adequate information is provided, that technical requirements are met; and, Information Report No. 11-02 Page 3 O3 5.0 6.0 6.1 6.2 reviewing the implications of "wide-shallow" lots. including the treatment of associated amenity areas, the impact of dwellings on these lots located close to abutting rear yards of other properties, and determining their impact on tile resultant streetscapc. PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Deparmlent: oral comments may be made at the Public inlbrmation Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Depamncnt tYr a subsequent meeting of Council or a Committee of Council: if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-lay,' amendnaent application, you must request such in writing to the City Clerk: if a person or public body that files an appeal of a decision of the City of Picketing in respect of the proposed draft plata of subdivision does not make oral submissions at the public meeting or make written submissions to tile City of Picketing before the application is considered, tile Ontario Municipal Board may dismiss all or pan of tile appeal: if a person or public body that files a notice of appeal of a decision of the City of Picketing in respect of the zoning bx-laxv amendment does not make oral submission at the public meeting, or make a xvritten submission to the City of Picketing before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal. if you wish to reserve the option to appeal Council's decision of tile proposed zoning by-taw amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. OTHER INFOILMATION A_p_pendices Appendix I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on thc applications at the time of writing this report; Information Received - full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Picketing Planning & Devclopnlent Department; - the City of Picketing is in receipt of the follox~ing repons, which contain tile following technical inlbrmation/'or the draft plan of subdivision SP-2002-01: · an Intersection Spacing Review, prepared by SRM Associates, and dated February 19, 2002; · a Servicing and Environmental Brief prepared by IC*I Engineering Ltd., dated February 21, 2002; · a Geotechnical Investigation prepared by iNSPEC-SOL INC.. dated December, 5, 2001; and, · a Phase I Environmental Site Assessment prepared by INSPEC-SOL iNC., dated November 30, 2001. 0 4 Information Report No. 11 ~02 Page 4 6.3 the need for additional information and/or addendums to these repons will be determined through the review and circulation of the applicant's current proposal. Company Principal the principal of Marshall Homes (Dunbarton) Limited is Mr. Craig Marshall. Tyler Barnett/ TB/j£ Copy: Dime[or, Planning & Developmen[ Department Lynda T~ylor, MCIP;q>,PP Manager, Development Review 05 APPENDIX I TO INFORMATION REPORT NO. 11-02 COMMENTING RESIDENTS AND I~ANDOWNERS (l) none to date COMMENTING AGENCIES (1) Ontario Power Generation (2) Le Conseil Scolaire Catholique dc District Centre-Sud COMMENTING CITY DEPARTMENTS (1) Planning &Developmcnt Department nfl HEDGEROW JACQUELINE STROUDS VOYAGER LANE WINGARDEN CRES. WELRUS STREET ~VE. BONITA AVENUE GLENANNA RD. AVENUE ROAD )OK C.N.r. DUN~ARTOh SHEPPARD AVENUE City of Pickering Planning & Development Department PROPERTY DESCRIPTION LOTS 111,112, 113 AND PART OF LOTS 114 AND 115, PLAN 1051 OWNER GUZZO-FOLIARO DATE MAR. 22, 2002 DRAWN BY RC "/~ APPLICATION No. SP-2002-01; A 01/02 SCALE 1:7500 CHECKED BY TB N FOR DEPARTMENT USE ONLY PN-7 PA- ATTACHMENT# ~ TO INFORMATION REPORT#~ INFORMATION COMPILED FROM APPLICANT'S SUBMI'I-FED PLAN GUZZO-FOLARIO SP-2002-01; A 01/02 109 WELRUS ROAD LOT · · O :l 14 '~ i¢CT !6 18 ; 19 ~ 2u 21 12 LOT 112 STREET 'A ~ 22 ~; 23 BLOCK 25 4 67 O6 LO"- 1~6 AREA TABLE TOTAL 1 40 UNITS 12.0m SINGLE 23 units ROADS 16Om R.O.W. 85,0m 18.5m R.O.W, 115.0m THIS ~AP ~,'AS PRODUCED BY THE CITY Ok- PICKERING PLANNING & DEVELOP&lENT D£PARTMEN~, /N£ORMAFION & SUPPOfCr S£i~WCES, ~4RCH 22, 2002 ATTACHMENT# -~ TO ~NFORMATION REI:~RT# //' ~ ~ / COURT CRESCENT O VOYAGER AVE. BONITA AVEN U E STROUDS KATES LN LAN E A/I N C. AR DEN CRES. S HADiM/iSTER L__ I m I I I I I I I I I I I I I I I I I I I I I I I ! WELRUS STREET ROAD m m ! m m bP A RTAN I DLJNBARTON RD. City of Picketing Planning & Development Department DUNBARTON NEIGHBOURHOOD DESIGN GUIDELINES CONCEPTUAL ROADS mmmmm ~;,,,~;~;~ D~%~,~-'2'~ N%IGH~CU~HOCS CONCEPTUAL ROAD% i DATE APR. 9, 2002 PICKERING 09 INFORMATION REPORT NO. 12-02 FOR PUBLIC INFORMATION MEETING OF APRIL 18, 2002 IN ACCORDANCE X~,'ITtt THE PUBLIC MEETING REQUIREMENTS OF THE PI.ANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision Application I ST-85059 (Revision 2) Zoning Bx'-lax~ Amendment Application A 711053 Ontario Inc. ch 562503 Ontario Limited Pan et' Lot 4. ('oncession 5, Part 2. Plan 4UR-4159 (East side of Sideline 4. south of Highxvay City oF Picketing 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION the site is currently vacant and was previously used as a licenced gravel pit by Barclay Transport since 1948. the site is located on thc east side of Balsam Road north el'the Fifth Concession Road (tile Town of Ajax heftier) and south of Hi.~hxva>' - Isee Attachment ~1 For the location map); this site has an area of approximately 33.34 }lectares. and includes one existing building with two sheds about mid-point in its Balsam Road frontage: the site is steeply sloped in the bowl of the Ibrmcr gravel pit with Carruthers Creek flowing though thc middle of the site being joined on the site by two smaller tributaries; an existing house is situated immediately north of the site, on the east side of Balsam Road; tile site is situated across from a £urthcr 12 hectare land holding owned by the applicant on tile west side of Balsam Road. To tile east et'the site is located a number of rural residential properties. Somewhat south et' the site is an abandoned railway right-of-way now used as a recreational trail. APPLICANT'S PROPOSAL the applicant proposes to develop the subject site with detached dwellings on 35 lots with tot frontages betv,'een 32 and 66 metres: the proposed lots are to haxe lot depths betxveen 9U and 1S1 metres; 15 lots are proposed to t'ront Balsam Road and 20 lots are proposed to front a new street to be constructed to the east of Balsam Roaci as shown on the applicant's submitted plan (see Attachment =2 ): the dv, ellings arc proposed to be serviced by private water and sanitary sewer facilities; new homes are proposed on all o£thc proposed lots: tile applicant proposes to restore tile stream c}~annels of Carruthers Creek and its tributaries that floxx through the subject p~'oper-t.x to natural stream channel designs from tile current altered state xvhicin resulted from by the operations of the now- abandoned gravel pit on the subject lands: the applicant proposes that the stream channels and corridors remain itl private ownership. Information Report No. 12-02 Page 2 3.0 3.1 3.2 OFFICIAL PI.AN AND ZONING Durham Regional Official Plan - designates the site as "Rural Settlements - Countr3' Residential Subdivision" which permits development of a maximum of 35 residential dwellings that must be serviced by private water and sanitary sewer facilities. The proposal complies with this designation; - the Regional Plan requires a draft plan of subdivision to be accompanied by an updated settlement capacity study, a recent hydrogeological report, a lot servicing plan, a geological report and a grading plan; - conditions of draft approval must address the findings of such studies, phasing of development and monitoring of the impact of development on adjacent xvells and groundwater conditions; Pickerinlg Official Plan - designates the subject lands "Rural Settlements - CountO, Residential" within "Settlement 8: Barclo' Estates "; this designation permits residential uses and home occupations; the estate residential land use proposed bv the subject applications is in compliance with the Pickering Official Plan. Provided tine following technical requirements can be satisfied, no amendment to the Official Plan will be required; the Barclay Estates Settlement policies provide that: · continued operation of the existing gravel pit operation is recognized and permitted until subdivision development commences; · realignment of the Carruthers Creek tributary within the settlement in an environmentally-responsible manner is permitted to the satisfaction of the City and the conservation authority despite the land use designations on Schedule IV-8; and, · endeavour to ensure the country residential environment of the settlement is maintained, once developed; Schedule IV-8, the Barclay Estates Settlement land use schedule, designates the tableland for counto, residential uses and the Caruther's Creek corridor as Open Space System - Natural Areas; Schedule III - the Resource Management Schedule of the Pickering Official Plan, designates the lands around Carruthers Creek and its tributaries running through the subject lands as Shoreline and Stream Corridor and the Former Lake iroquois Shoreline running through the subject lands; - on lands designated Shoreline and Stream Corridor, not designated as Open Space - Natural Areas (ie: the subject lands), new development is permitted in accordance with respective land use designations and provisions, subject to the recommendations of an Environmental Report and alterations to a watercourse or stream corridor may be permitted only following the appropriate approvals of the relevant conservation authority and the Ministry of Natural Resources, if necessary; - Section 15.9 of the Official Plan requires the submission and approval of an Environmental Report as part of the consideration of the subject development applications. Supporting hydrogeological, grading and drainage, stormwater management and lot servicing information will be required as part of the environmental report; Schedule II to the Pickering Official Plan, the Transportation System, designates Sideline 4 as a Local Road. Local Roads provide access to individual properties, other local roads and collector roads and generally have a right-of-way of 20 metres; the applicant has submitted a Draft Report on a proposed Carruthers Creek Natural Channel Design, Concept Plan, a Preliminary Storm Water Drainage Report, a Scoped Environmental Impact Study and a Hydrogeological Investigation in support of the subject applications; Information Report No. 12-02 Page 3 ~ 1 3.3 4.0 4.1 4.2 4.3 4.3.1 4.3.2 Zoning Bv-la~v 3037 the site is zoned "Q"- Pit and Quarry Zone in By-law 3037: this zoning pemfits wax'el pits. accessory uses and agricultural uses; amendment to Zoning Bv-laxx 3037 is required in order to permit this proposal. RESUI.TS OF CIRCULATION (see Attachment Resident Comments Dr. Theodore Malar, oxxner and resident ora 10 acre property east of the subject lands, provided writter~ cominents in which he noted a significant deterioration in tile water supply to his property since 1995. He attributes the deterioration to water taking by nearby golf courses to thc south and ski resorts to the north. He indicated that he built a two-acre fish pond stocked with rainbow trout, with the intent of operating a recreational fishing pond and recreational area to produce retirement income. However. since 1995. the water level has deteriorated so significantly that tile pond can not sustain iSsh &~ring the summer: Dr. Malar is concerned that the addition of tile wells required to serve the proposed development will cause tile water supply to his property to further deterioration (see Attachment =3 ): A..4g.en cv Comments no comments have been received from agencies to date. Staff Comments - in reviexving the application to date, tile folloxving matters have been identified by staff for further review and consideration: Draft Plan of Subdivision consider implementation of appropriate measures to respect the unique natural heritage of the fom-~er Lake Iroquois Shoreline: consider suitable ownership, including bra public agency, of the Carruthers Creek stream corridor and its associated tributaries through thc subject lands; review the proposed design for the creek channel, x~ifll the assistance and advice of TRCA and Region of Durham staff: review the proposed grading and drainage lbr tho proposed residential lots to ensure that the proposed dwellings can be suitably drained and sited and that the stream corridor can be properly protected I¥om construction and post-construction sedimentation; review of proposed house siting to ensure safety for future residents on sites that may have steep topography and possible groundwater disctlarge: review safety and servicing considerations of tt~e proposed grading for the proposed new public road; review tile proposed lot ser,-icing for water and sanitary sewage facilities on site, including a peer review of the tnydrogcological report, with the assistance of the Region of Durham Health Unit and the TRC.-\: Zoning Matters ensure appropriate buffer zones to Carruthers Creek and its tributaries and to the steep slopes of the former gra~ el pit: ensure that gravel pit licencc has been s~spended surrendered; Information Report No. 12-02 Page 4 4.3.2 5.0 6.0 6.1 6.2 Technical Matters review supporting technical submissions, including the hydrogeological, environmental impact study, concept plan for Carruthers Creek channel design, and stormwater report, grading and drainage and lot servicing information, to ensure that adequate information is provided and that technical requirements are met; review water supply, sewage disposal, stormwater quality and quantity management; require a tree preservation plan; require an architectural design statement to ensure that the character of the lots on Balsam Road and on the new proposed street are compatible, through means of similar design of streetlights, street tree plantings, house siting on the lots that respects the topography, grading and natural features; demolition of the existing buildings and structures will be required. PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-law amendment application, you must rcqucst such in writing to the City Clerk; - if a person or public body that files an appeal of a decision of the City oi' Picketing in respect of the proposed draft plan of subdivision does not make oral submissions at the public meeting or make written submissions to the City of Picketing before the application is considered, the Ontario Municipal Board may dismiss all or part of thc appeal; - if a person or public body that files a notice of appeal of a decision of the City of Pickering in respect of the zoning by-law amendment does not make oral submission at the public meeting, or make a written submission to the City of Pickering before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. OTHER INFORMATION Appendix I lists the comments received on this proposal at the time that this Information Report was written; Information Received The following documents are available for viewing at the offices of the City of Pickering Planning & Development Department: · Full-sized copy of Draft Plan of Subdivision 1 $T-88059 (Revision 2); · Scoped Environmental Impact Study, Barclay Estates, Draft Report by Parish Geomorphic, January, 2002; · Carruthers Creek Natural Channel Design, Concept Plan, Barclay Estates, Draft Report by Parish Geomorphic, January, 2002; · Preliminary Storm Water Drainage Report, Barclay Fieldstone Estates by D.G. Biddle & Associates Limited, Consulting Engineers. February 2002; · Hydrogeological Investigations, Barclay Residential Subdivision by Goffco Limited Groundxvater Consulting Services, December 2001. Information Report No. 12-02 Page 6.3 Site Landowners the applicant is Fourteen Estates Limited and the landowners are 711053 Ontario Inc. and 562503 Ontario Limited. The principal of Fourteen Estates Limited and the numbered companies is Mr. Richard Rondeau. SG/~jf Steve Gaunt, MC1P, RPP Planner II Catherine Rose Manager, Policy Copy: Director. Planning & Development APPENDIX I TO INFORMATION REPORT NO. 12-02 COMMENTING RESIDENTS AND LANDOWNERS (1) Comments from Dr. Malar COMMENTING AGENCIES (1) No comments have been received from agencies to date. COMMENTING CITY DEPARTMENTS (1) Planning & Development ATTACHMENT# ~- TO INFORMATION REPORT# KIN'SALE UBJECT City of Pickerinfl Planning & Development Department ~v DATE APR, 10, 2002 16 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN 18T-88059 HIGHWAY NO,7 ATTACHMENT# ~ TO ~ INFORMATION REPORT# ~'~ © L~J L~ L~ Z © C) © J ,? cF) · 0 © ATTACHMENT #_~_..TO INFORMATION I::~.PORT #~ Dear Sir: I)r Theodore Malar 3510 Audlev Road Pickerim2 ()ntario April 8. A)O_ This letter is presented in order to establish m3 complaints to the City of Pickering, the Durham Region, the Province of Ontario. [{nviromnent Canada. and any other authority responsible for the regulation? the care m~d tt~e maintenance t)l' ~ater. It is prompted by two resent developments in my area. The first is tile expansion of the golf course west side of Audley Road south of the Fifth concession, tbr which I received no prior notification, and the second is the submission for a zoning by-law amendment application A3/02 711053 to allow tbr the development of 35 estates on Balsam Road bordering to the west of my property. I have a grave concern as to the effects of these developments on the water quality on my property CON 5 N PT LOT 3 and in the surrounding area. The greatest problem affecting my property is the extreme fluctuation in the water table. These changes to the water table I believc to be caused by the high demand on water by the golf courses Deer Creek and Faun Brook just to the south of me between Taunton Road and Concession 5 and by the ski resorts to the north Dagmar and Lakeridge. When I bought the 9.87 acre property in1078, the property at this time was undeveloped siting in the middle of I00 acres. Thc front half of thc property was open field rising up form Audley Road to the top of the hill. The back hall: slopping down the hill, was wood lot until it met with Barclay's property. The hill crests in the middle of m.~ property. The water conditions on the propertT at this time could be described as tbllows: wet or even swampy bordering along Audlev Road solid ground going dox~Tt hill on both east and west sides - extremely wet with sprouting steams at the lower back of the wood lot, that is along Barclay's property When I first built and moved onto thc property in 1983. thc land was as described above. It took about three full loads of limestone at the thor of the hill at Audlev Road before it stopped sinking so that a drive way could be made. Barclay delivered tile limestone. The house I built myself was situated near the top of the hill on solid ground. I had a well and a ground feed pond put in at the bottom of the hill along Audley Road. The pond of approximately two acres I stocked with 2 inch rainbow trout fingerlings. Everything seemed to be developing just fine according to plan, until 1995 when the water level in the pond started to drop drastically. It dropped about 6 feet during the summer months. The sudden drop in ~.ater level causing the accompanying rise in water temperature killed approximately 4 000 of my rainbow trout which ranged between 10 andl6 inches. Since then the water level fluctuated by 5-6 feet each year and ATTACHMENT# '~ TO INFORMATION REPORT the pond has never reached its full capacity, always falling 3-4 feet below its over flow level. The water conditions on the property have changed in the following manner: - the pond levels fluctuate by 5-6 feet during the year - the water sprouting during the spring time along the sides of the driveway do not occur - the springs that used to flow at the back of the wood lot no longer do during any season So far these changes have produced a very significant affect on the uses and enjoyment of my property as well as on the financial losses and loss of potential income. ! had planned to use the pond as a fishing pond and park recreational area for supplemental income during my retirement as well as to rent for sport fishing. Now that I have retired, it is impossible to make an income from the pond since the pond cannot maintain fish during the summer months when the water level is low. Due to the low levels the pond has also lost much of its aesthetic appeal. When the level is low, the pond is not pleasing for paddle boat or swimming uses. I have tried to give the property an atmosphere of the northern environment. ! have planted over 5 000 evergreen trees of various species. Pictures of the property have been use in brochures and even in motion pictures. So I am greatly distressed that further erosion of the water supply is taking place by housing development's storm sewers, golf course expansion, ski resort's snow making operations, and now 38 wells bordering my property. Yours truly . Dr Theodore Malar