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HomeMy WebLinkAboutADMIN 52-8377-- CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO LIC3A6 TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD NOVEMBER 7 1983 ADMIN. 52 - 83 SUBJECT: CLOSURE AND CONVEYANCE OF ROAD ALLOWANCE BETWEEN LOTS 26 AND 27, CONCESSION 9, FORMER TOWNSHIP OF CLARKE - BEAUCAGE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That this report be received; 2. That the road allowance between Lots 26 and 27, Concession 9, former Township of Clarke not be closed; 3. That By -Law 83 - 131 not be given third and final reading; and 4. That the applicant for road closure together with the Long Sault Ridge Runners Snowmobile Club Inc. be so advised. BACKGROUND AND COMMENT: On September 26th, the matter of By -Law 82 - 131 was by resolution #C-707-83 referred to the Chief Administrative Officer and staff for a further review. In preparing this report, I asked for reports from the Director of Public Works and the Planning Director. These background reports are attached to this report as Appendices A & B. In addition to soliciting the advice of other staff members on this matter, I had the opportunity of meeting both Mr. & Mrs. Beaucage and representatives of the Long Sault Ridge Runners Snowmobile Club. In addition, I have had the opportunity to do a site visit which involved walking down the road allowance, travelling the open road allowance between Concession 8 and 9. Further, this report was prepared on the understanding that at the July llth Council meeting, Resolution #C-539-83 was pass which ��- ..2 ADMIN. 52 - 83 -2- Cb) confirmed the location of the recreational underpass at Enterprise Hill on Highway 115/35. The resolution guarantees access to the west side of the underpass. The same resolution instructed staff to proceed to take all the steps necessary to stop up , close and convey the unopened road allowance between Lots 26 and 27, Concession 9, Clarke Township. Administrative Procedure At the Council meeting of September 26th 1983, Mr. Hamilton, solicitor for the Pine Ridge Snowmobile Club raised the question of notice. He alleged, that abutting owners had not been notified of the intention to close and convey the road allowance. This statement is correct. Notice was not given as all owners affected were aware of the events and, because of the uncertainty that the matter would proceed, a decision was made not to give further notice until Council had dealt with the matter. Had the decision been taken to close and convey, all abutting owners would have been requested to declare their interest in acquiring that portion of the road allowance abutting their property. Any owner not wishing to exercise the purchase option would have no further obligation and, such parcels would be offered to the abutting owner on the opposite side of the road allowance. The practice has been and will continue to be with this single exception, to obtain this letter of intent from abutting owners prior to proceeding with the application. After checking with staff, it is my understanding that there are no outstanding applications that staff are aware of and the recently established road closing policy will be adhered to with respect to all future applications for road closings, received by the municipality. Additional Comments by Applicant and Objectors In reviewing this matter with Mrs. Beaucage, she indicated that she is not opposed to snowmobiling activity in this area but she has been constantly frustrated during the winter months with repeated instances of trespass on her property. Mr. Beaucage indicated to me that if the road allowance were closed, it was intended to develop further cross-country equestrian routes, which would attract a substantial number of tourists to the area. The snowmobile club representatives, Mr.Crago and Mr. Hoar indicated that they have made a concerted attempt to cut down on the incidents of trespass and further indicated that their snowmobiling activities generate ..3 -3- ADMIN. 52 - 83 substantial revenues for the restaurants located in the general vicinity. There was some suggestion made that the clubhouse, which is currently on the east side of Highway 115/35, would not be available for use by the snowmobiling club in the next year or so. Mr. Crago and Mr. Hoar confirmed that it was unlikely that they would be able to utilize the clubhouse as in the past. However, they did point out that there are in excess of 70 kilometers of trails in the Ganaraska Forest and that they are very interested in maintaining an access point to this Ganaraska Trail. Analysis For the benefit of Council members, I have provided two maps, one which shows the location of the current route and the status of the roads, and the second map which shows the proposed alternative routes that were examined. Mr. Hoar and Mr. Crago both indicated that, at the present time, their route is so positioned that they do not travel along any open road allowance. They did acknowledge, however, that they do cross travelled road allowances at a 90 degree angle. It should be drawn to Council's attention that owing to the location of the underpass, it will be necessary to establish a different route. Whichever option is chosen, the route would run north to Bigelow Road and west on Bigelow Road to the next road allowance, which runs northand south. Bigelow Road is, according to works department records, maintained on a year-round basis, complete with snowploughing. As such for this small stretch of road, snowmobiles would be travelling along a publicly maintained road. On the second map, I have identified the alternative routes. Alternative 1 being between Lots 26 and 27, Concession 9. Alternative 2 being along Best Road and a portion of Skelding Road, and Alternative 3A and B going north to the Concession 10 Road, or preferably partially into Concession 10 and across to hook up with the existing route at Lots 26 and 27. From the previous reactions to Alternative 3, it would appear that either Options 3A or 3B would not be acceptable. The file indicates that the private property owners that would be required to give consent for the proposed snowmobile route on Option 3B are not inclined to do so. To utilize Option 3A would necessitate travelling on a public road with a number of hills. From the engineering department statistics and my own observations of Concession Road 10, it appears to be more heavily travelled than either Best Road or Skelding Road. It should be noted wil Im ADMIN. 52 - 83 that Option 3 would also bring the snowmobilers closer to the breeding stable, which was previously mentioned in correspondence. Alternative #2 would require the club members to traverse opened publicly maintained and snowploughed road allowances. The Director of Public Works has indicated his concern with respect to safety aspects. I can only concur with his concerns and suggest further that the nature of the construction of the southern part of Best Road as it approaches Skelding Road has a number of cuts which limit any snowmobile to the travelled portion of the road only. There are approximately six such road cuts as one travels from Skelding Road north to Concession 10. Further, I am most concerned with respect to safety at the intersection of Concession 10 and Best Road. My site visit revealed that there are small hills immediate to the corner which would adversely affect visibility from a seated position on a snowmobile, and to a lesser extent in a car. It has been suggested that the stop signs which currently stop the traffic going north -south could be re -arranged to stop the traffic going east -west at this intersection. This may be a marginal benefit but I would suggest that owing to the existence of these hills that it would be difficult to say that this intersection would then be safe. The trees in the area are quite mature and grow right to the fenceline, which further reduces visibility at the corner. In comparing the Concession crossing of Best Road with that of the current crossing on Concession 10 between Lots 26 and 27, it can be said that the current crossing is by far superior as there are relatively good sight lines in each direction. When I walked down the road allowance between Lots 26 and 27, Concession 9, I noted that for a large percentage of the route, the trail was well confined within tree growth making it very difficult for instances of trespass to occur. However, towards the southern end of the allowance, there are a number of places where trespass could occur. These can be identified from air photographs as well as on -site observation. While I am not a snowmobiler, it would be my feeling that the incidents of trespass, be they many or few, would still continue on an alternate route and as such to change the location of the route would not stop the trespass problem, but rather just shift it to another area. ..5 -5- f ADMIN. 52 - 83 7 Cb Attached as Appendix B you will see the comments of the Planning Director who indicated that the impact on surrounding uses would be minimized by the maintenance of Alternative #1. However, it is not with respect to compatibility of surrounding land uses that my recommendation is not to close the road allowance. It is rather for the safety of both the snowmobilers and those people travellingin cars along these open road allowances that it is suggested that the road allowance not be closed. Further Correspondence I have attached to this report, in addition to the various appendices and maps, additional correspondence that was received from Mr. Hamilton and Mr. Clair Chapman. While Mr. Chapman addressed his letter to the Regional Municipality of Durham, I believe that the content is a reiteration of his remarks made at the September 26th 1983 meeting wherein he fully supported the closing of the road allowance. The reasons for the closure of the road allowance being related to the substantial damage to his property over recent years as a result of persons passing on his property. The second and third letters are from Mr. Irwin Hamilton, Solicitor for the Long Sault Ridge Runners Snowmobile Club Inc. He was suggesting in his letters that Council not deal with this matter until the Snowmobile Club had an opportunity to examine possible alternate locations of the underpass. In this connection, I have spoken with representatives of the Ministry of Transportation and Communications out of their Toronto office and they have indicated to me that the preferred location is the one that has been identified at Enterprise Hill. Secondly, he has provided a copy of a resolution from the Snowmobile Group with respect to route selection. Respectfully submitted, DSJ:nof David S.XJohnston,.I.P., Chief Administrative Officer att. TO: FROM: DATE: SUBJECT: TOWN OF NEWCASTLE D. Johnston, Chief Administrative Officer R.G. Dupuis, Director of Public Works October 11, 1983 PROPOSED BEAUCAGE ROAD CLOSING hone, JIX I have reviewed our files and the relevant information related to the three alternatives for the above. The attached map shows the alternatives which I understand have been proposed. Alternative 1 involves utilizing the existing snowmobile route which, while it follows existing road allowances, is not located on travelled roads. Hence there is no conflict with maintenance operations or vehicular traffic. Furthermore, since it has been used for several years, no new residents would be subjected to the same 10,000 - 12,000 snowmobiles per year alleged to use the route. Alternative 2 would place the snowmobile traffic on what we call Best Road (north/south) and Shelding Road (east/west). The part of Best Road north of Concession 10 Road is maintained year round as is Skelding Road in Lot 28. Accordingly, through these sections, the snowmobile traffic would be forced to mix with car and truck traffic which is undesirable. Although there are less than twenty-five (25) vehicles per day using these roads, the potential conflict of 25 vehicles with 10,000 snowmobiles produces an exposure factor of some 250,000 which is significant. Also, use of travelled roads by so many snowmobiles could hamper winter maintenance operations. It has been suggested that the Town could reduce its standard of maintenance on these roads, i.e., eliminate sanding, not plough so bare, etc., to facilitate their use by snowmobiles; however, this is not desirable as it is contrary to the principles of maintenance based upon the use of the road. Roads are meant primarily for cars and any reduction in maintenance standards would conflict with that principle. P c; FICE Page 2 BEAUCAGE Alternative 3 utilizes the Concession 10 Road and the road allowance between Lots 24 and 25. The possibility of a route across private properties rather than the loth was also considered as part of this route. The 10th Concession Road is a year round maintenance road with traffic volumes of about forty (40) vehicles per day producing an exposure factor of about 400,000. For the same reasons as stated for alternative 2, it is undesirable to mix snowmobile traffic with car and truck traffic on the 10th Concession Road. The alternative which utilizes private property would eliminate this conflict, however, snowmobile traffic would be introduced into an area where none previously existed. This would create a whole new set of problems with respect to nuisance to residents in the area. In summary, having considered the technical and practical merits of the various alternatives for a snowmobile route in this area of Clarke Township, I would maintain that the existing route is the most desirable in all respects. Hence, closure and conveyance of the road allowance between Lots 26 and 27 is not considered desirable. One further point relates to the question that the Town has not adhered to its own policy for road closings in that there was not a preliminary advertising of the subject closure to solicit public input. The new policy introduced in 1982 has this requirement, however, the policy under which the Beaucage Closing was initiated does not. Since the procedures under which the closure was initiated should be followed until its completion, the Town is not being inconsistent in its requirements. I trust that the above will be of assistance in presenting the facts surrounding this matter to Council. I // �� R.G. Dupuis. RGD:jco Attachment a g { aN 0 \ � J f k i It ` 0 S �a V N ; 0 a u t � c J N o d b r J � 00 z °N ?� o CD c o CD V F TOWN OF NEWCASTLE ,y/lPendly U TO: D. Johnston, M.C.I.P., Chief Administrative Officer FROM: T.T. Edwards, M.C.I.P., Director of Planning DATE: October 14, 1983 SUBJECT: BEAUCAGE ROAD CLOSING The area in question is designated Major Open Space by the Regional Official Plan and zoned "A"- Agriculture by the former Clarke By-law. As indicated on the attached map, the uses in the area are generally agricultural in nature with some scattered non -farm related residential uses. Recreational activities are not specifically permitted, however I see the intent of the By-law as one of restricting commercial recreational uses and not preventing private recreational activities on private property which are not conducted for gain or profit. The existing route passes in close proximity to five residences and one barn. The best alternative in terms of exposure to such land uses, would pass by four residences and three barns. However, with the construction of the underpass, and the necessary re-routing associated with it, the existing route would potentially affect three dwellings and two barns. I do not feel that there will be any substantial reduction in any real or perceived impacts through the relocation of the route to one of the previously suggested alternatives. To relocate the existing snowmobile route will only shift any existing problems that property owners may be encountering and in fact, could result in greater conflicts. The only possible land use conflict that I could identify would be one of noise. However, most machines are muffled and most of the traffic occurs during daylight hours. rit d! T. Edw ds *jip Attach. a -- - _Jhl ;WWI IttttHmi -- -___ ^ Nk 11 October 18, 1983 The Council of the Regional Municipality of Durham Clerk's Office Town Hall 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Sirs: h ,-a .T .., 77, OCT 21 1983 TOW RAG r*WCASnE CLERf, DEPARTMI:NT Re: Proposed closing of unopened road allowance between Lot 26 and Lot 27, Concession 9, Geographic Township of Clarke now Newcastle To reiterate my remarks made at your meeting concerning the abovenoted road closing I wish to state again, and this time in writing that I fully support the closing of this road allowance in view of the fact that I am an owner of adjacent lands being part of Lot 27, Concession 9, Geographic Township of Clarke and have experienced substantial damage to my property over the recent years inflicted by persons purportedly making use of the public right of way but, in fact committing, either knowingly or negligently successive acts of trespass. ACK. BV:............... ORIGINAL. T* .......... COPIES TC: Yours truly, Clair Chapman. IRWIN A HAMILTON B.0 .. LLB. PA L L BEL ONTAINE BA. LLB. September 20, 1983 HAND DELIVERED Town of Newcastle Clerk Temperance Street Bowmanville, Ontario Dear Sir: Re: Council Meeting September 26, 1983 - 7:00p.m. P.O. BOX 357 43 ONTARIO ST. BOWMANVILLE. ONTARIO LIC 2S4 PHONE 1416) 623-TJ44 1(dl! F e; : ,kif.i CTL* CLE1;ic_ DEPARTMENT — I am the solicitor for the Long Sault Ridge Runners Snowmobile Club and wish to advise that I wish to appear as a delegation at the above meeting in regards to the proposed by-law to close the original road allowance between Lot 26 and 27, Concession 9, the former Township of Clarke, now in the Town of Newcastle. 0�0 As advised by telephone on the 20th day of September, 1983, my clients are opposed to the closing of the road allowance. The road allowance is essential for the snowmobile club to obtain access to the proposed underpass under Highway 35 and 115. The underpass is jointly funded by the Ministry of Natural Resources and the Ministry of Transportation and Communication. It is my understanding that the underpass will only be built if Council of the Town of Newcastle guarantees to the various Ministries that access will be provided to the trail. I would refer you to the report to Council of D.N. Smith, Administrator, dated July 19, 1982. In that report there was a full outline of the proceedings to that time. At that time various alternate routes had been discussed over private property and it was found that these were unacceptable. Continued...2/ IRWIN A HAMILTON B.0 .. LLB. PAUL L 8M I UONTMNE BA. LLB. September 20, 1983 HAND DELIVERED Town of Newcastle Clerk Temperance Street Bowmanville, Ontario Dear Sir: Re: Council Meeting September 26, 1983 - 7:00p.m. P.O. BOX 357 43 ONTARIO ST. BOWMANVILLE, ONTARIO L1C 2S4 PHONE (416162 -7 " CLER S I am the solicitor for the Long Sault Ridge Runners Snowmobile Club and wish to advise that I wish to appear '.s a delegation at the above meeting in regards to the -oposed by-law to close the original road allowance between 26 and 27, Concession 9, the former Township of Clarke, in the Town of Newcastle. As advised by telephone on the 20th day of September, my clients are opposed to the closing of the road _)wance. The road allowance is essential for the snowmobile _ub to obtain access to the proposed underpass under Highway 35 and 115. The underpass is jointly funded by the Ministry of Natural Resources and the Ministry of Transportation and Communication. It is my understanding that the underpass will only be built if Council of the Town of Newcastle guarantees to the various Ministries that access will be provided to the trail. I would refer you to the report to Council of D.N. Smith, Administrator, dated July 19, 1982. In that report there was a full outline of the proceedings to that time. At that time various alternate routes had been discussed over private property and it was found that these were unacceptable. Continued...2/ -2- At the present time the road allowance between Lots 26 and 27 is used by the snowmobile club and.by using this route access is easily obtained to the proposed underpass. As there is no private property available the only way that Council could guarantee access to the proposed underpass would be for the snowmobilers to travel over public roadways which are open for automobile traffic. It was pointed out to Council by Mr. Tom Hoar that the Ontario Federation of Affiliated Snowmobile Clubs attempt to keep snow- mobilers off the travelled roads. This is an obvious safety precaution. Further, many public roads are simply unfit for snowmobile travel. The snowmobile club has large snow grooming equipment which it uses to make the trails more passable for members of the public. If the club were to use a public road over such a long distance it is likely that the equipment of the snowmobile club will interfere with the equipment used to clean the snow off the roads. The two types of equipment basically seek to do the opposite type of work. That is, your road cleaning equipment will attempt to push the snow back as far as possible from the road and the snow grooming equipment will attempt to make a wide and passable trail. It is also my understanding that the normal road closing procedures have not been followed in this matter. I understand that a directive was given to staff during a July Council meeting to close the road according to normal procedures. As I understand normal procedures, the staff is instructed to advertise in a local newspaper that there is a proposal for a road closing and inviting members of the public and adjoining property owners to voice their concerns. Further, I understand that adjoining land owners are written and asked to voice their concerns. It is my information that the adjoing land owners were not written and there was no notice to the public inviting their inquiries and giving them an opportunity to express their concern. I understand that the only ad in the paper is a notice of proposal to pass a by-law closing the road. This type of notice is not generally understood by members of the public and I believe that this is the reason that the initial ad is usually placed. The position of the snowmobile club can be summarized as follows: 1. The present road allowance has been used for a number of years as a snowmobile facility and the same is safe for all members of the public. 2. In one year the number of snowmobilers using the road allow- ance was approximately 12,000. With such public use it would appear to be unreasonable for Council to close the road allowance based on the request of one property owner. 3. The snowmobile club and traffic that it attracts is a plus to the tourism industry in the Town of Newcastle in general and to the hotel and restaurant owners on Highway 115 and 35 in particular. Continued ... 3/ - 3 - 4. If the Town of Newcastle is to guarantee to M.T.C. and M.N.R. that a snowmobile route will.be provided to the underpass then the same will have to be over public property a long distance and this will be unsafe. 5. The normal procedures for passage of such a by-law has not been followed and members of the public should be given a better opportunity to express their opinion. I trust that you will circulate this to members of Council. Yours very truly, HAMILTON AND BELLEFONTAINE Per: Irwin A. y1ilton, IAH:LB BARRISTERS AND SOLICITORS IRWIN A. HAMILTON B.CAM.. LL.B, PAUL L BELLE ONTAINE BA. LLB. October 28, 1983 Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Attention: Mr. David Johnson Administrator Dear Sir: P.O. BOX 357 43 ONTARIO ST. BOWIAANWLLE. ONTARIO L1C 2S4 PHONE (416) 623-T " Re: Long Sault Ridge Runners Snowmobile Club Inc. Further to our telephone conversation I enclose a copy of the resolution of the Club. Yours very truly, HAMILTON AND BELLEFONTAINE Per: M. f� ?6-� I Irwin A. Hamilton IAH/mr Encl. /4 r R E S O L U T I O N of the LONG SAULT RIDGE RUNNERS SNOWMOBILE CLUB INC. WHEREAS for the past number of a years the club has used the unopened road allowance between Lot 26 and 27, Concession 9, in the former Township of Clarke, now Town of Newcastle; AND WHEREAS the Town of Newcastle is by By -Law intending to close the said road allowance and convey the same to the neighbouring property owners; AND WHEREAS if the road allowance is so closed the club would have to use plowed roads as part of its trail to obtain access to the proposed underpass under Highways 115/35; AND WHEREAS the club and the Snowmobile Association of Ontario feel that the use of plowed roads by snowmobilers is unsafe; AND WHEREAS the members of the club feel that if a plowed road is used then personal injury or death will most certainly result. NOW THEREFORE be it resolved that: 1. If the road allowance between Lot 26 and 27, Concession 9, Township of Clarke, is in fact closed and conveyed to neighbouring property owners by the Town of Newcastle that the club will not post as part of its trail any portion of a plowed road. 2. The President of the club be authorized to discuss with M.N.R. and M.T.C. the possibility of the location of the under- pass and another location or locations so that the club may obtain a trail by unplowed roads to said alternate sites. 3. That the Town of Newcastle, of this resolution. i M.N.R. and M.T.C. be advised Ministry of Transportation and Communications Hamilton and Belle Fontaine Barristers and Solicitors P.O. Box 357 43 Ontario Street Bowmanville, Ontario L1C 2S4 Attention: Mr. Irwin A. Hamilton Dear Sir: Telephone 224-7662 Planning & Design Section Central Region 5000 Yonge Street Willowdale, Ontario M2N 6E9 October 28, 1983 Re: Proposed Road Closing of Road Allowance between Lots 26-27 Con. 9, in the Former Twp. of Clarke, now Town of Newcastle Your letter dated October 21, 1983 has been forwarded by the Port Hope District Engineer to this office for a reply. The subject road closing is the decision of the Town of Newcastle, over which this Ministry has no juris- diction, and therefore your concern should be directed to the Town's authority. The proposal to make a recreational'. underpass under Hwy. 35/115 just south of Enterprise Hill is currently in design and will be constructed at the time of Highway reconstruction. In our opinion, the location established several years ago for the proposed underpass is the most optimum location for that purpose. We concur it is unsafe to use the plowed road, if the present trail is discontinued due to the road closing. If the continuity of this particular trail be broken, then this Ministry and the Ministry of Natural Resources, co-sponsors of this undertaking, may reconsider the requirement of this underpass. RR/mw cc/W.J. Peck Yours very truly, R. Romaniw Project Manager J.G. Celming D.J. Zander