The URL can be used to link to this page

Home My WebLink AboutWD-86-84REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 17, 1984. REPORT NO.: WD -86 -84 SUBJECT: REPORT ON CORRESPONDENCE FROM MR. W. HENGSTBERGER REQUESTING PERMISSION TO CONSTRUCT ACCESS OVER THE ROAD ALLOWANCE BETWEEN LOTS 8 & 9 IN CONCESSION 9, OF THE FORMER TOWNSHIP OF DARLINGTON. RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That Mr. W. Hengstberger be advised that Council has not changed its position from that indicated in Correspondence dated November 14, 1984, with respect to access over the Road Allowance between Lots 8 & 9 in Concession 9, of the former Township of Darlington. ....2 r V1 Page 2 REPORT NO. WD -86 -84 REPORT: Further to Council's previous consideration of this matter (see attached), appended correspondence has been received from Mr. Walter Hengstberger. Mr. Hengstberger is adament that he have an opportunity to discuss his problem with Council. Mr. Hengstberger's correspondence may be summarized as follows: 1. Through discussions with myself, he was advised that Town Policy would not permit him to open the subject road allowance for private access and he is disappointed that I could not use my own discretion. 2. While being advised by myself of the restrictions in the Comprehensive Zoning By -law with respect to securing a building permit on his property, he wishes not to deal with that matter now, but rather address the issue of access over the subject road allowance. 3. Mr. Hengstberger's perceptions as to the most desirable means of access to his property are set out indicating a preference to one he would construct on the subject road allowance. ....3 Page 3 REPORT NO. WD -86 -84 4. The question of permission to use said road allowance for construction of a hydro line to serve his property is mentioned and Mr. Hengstberger has been assured that Town Policy provides for same through issuance of a Road Occupancy Permit. 5. A sketch of the area is provided for further information. In considering this matter which was previously explained verbally to Council, the following factors must be considered: 1. The issue which initiated the discussions was construction of Hydro service. Ontario Hydro will only construct the first 1200 feet leaving about 2800 feet as Mr. Hengstberger's responsibility. This can be dealth with by staff through issuance of a road occupancy permit with appropriate conditions. 2. A form of travelled trail does exist along the 10th Concession Road Allowance as access to the Hengstberger property, however, none is evident on the road allowance between Lots 8 & 9, From a visual inspection of the area, one unfamiliar with where the road allowance is actually located, would not detect it. There are no fences, grading is non - evident, and vegetation is in its virgin state. 3. The Hengstberger property was purchased by them under present access restrictions. ....4 Page 4 REPORT NO. WD -86 -84 4. Mr. Hengstberger does not have the means to construct a road to Town Standards as required by Town Policy for a length of 4000 feet. 5. The Town should not violate its policy and permit construction of a road to anything but Town standards in order to avoid a precedent in other areas where such conditions exist, and to eliminate future requests for the Town to upgrade the road and /or provide winter maintenance. At present, there is not even a travelled trail on the road allowance which makes it easy to deal with such requests. Mr. Hengstberger is not the only owner along the road allowance nor is he likely to own his property in perpetuity. While Mr. Hengstberger may have a problem relating to the use he proposes for his property, it would be unwise for the Town to allow him to open up access over the road allowance between Lots 8 & 9. The potential future implications would be impossible to lay to rest, as in the cases of Allin, Obrist, Hancock and numerous others. It is, therefore, recommended that Council maintain the position taken on November 14, 1984. 1441"�' Respectfully submitted, R.G. Dupuis, P. Eng., Director of Public Works. RGD : j co December 5, 1984. cc: Mr. W. Hengstberger Attachment W. & E. HENGSTBF.RGER, P. 0. Box 545, Oshawa, Ontario. L1H 7L9 579 — 1591 Dear. Sir: (4) 4 1984 TO!'M Of MWCA PUBL, WORKS Dl-.P 12. November CORPORATION OF THE T014N OF NEWCASTLE Public Works Department, R. DUPUIS, P. ENG. DIRECTOR. Hampton, Ontario. LOB 1JO Thank you for your letter of Oct. 2.9th last. On November 1st, the required application for ROAD OCCUPANCY was filed in your office. Repeated discussions with yourself indicated that you are not in a position to use your discretion in this matter as we would have expected. Unfortunately, you were checking with the planning department renardin possible home construction. Such an undertaking, a.l.thoul;h on our mind since quite some time is far off and would in any case he subject to authorization by the Buildinn department. As indicated by the Inspectors in this department, our building plans in itself would not create any obstacle, certain stipulations on approval may or may not. We will try to cross this bridge when we ever get to it. To use our possible inten- tions as foregone conclusion would be putting the cart before the horse. Foremost in our mind is the access to our property on the existin; ROAD ALLOWANCE from the 9th concession — Regional Road No. 20. Since more than 1.0 Years we are paying Taxes withouth havi.r� fair and reasonable access to our. property. The until now used trail is trough his rough terrain and a swampy area on lot 10 treadful, not,7ithstanding the fact that the distance is twice as far as from the proposed route from Re. Road 'No. 20 — and heavy wooded. The main consideration for the route from south east is the easy acces and comparative much more suitable terrain. Furthermore, the bac'"wood trail — rhi.ch should he the 10th con-- - cession Road —leads over other owners land and could theoretically he closed off nny t:ime.It i.s therefore imperative to have some legal n' reasonable means to travel to our property. Discussions concerning the intended Hydro l.i.ne are in progress wi t-lh Ontnri-n Hydro ,�h:i.c ?- as we wore informed wishes the most s 1pl?c(�d nn the •..Test sidle of the '?(l d alloy- .'Inic( , and ..ith 3ert .,nowden, rlectri.ci.an in "ot•nnanvill.e. T ?,e only obstacle the '0'.7) OCCT ? ?' /� ^ICY i'I71 iIT . /over . . . contfd.: Please do not consider our intention to eventually build any Dwelling there because such an undertaking would be subject to further approval and if "` the restrictions are to severe, there simply will not be any building forth- coming. All we need for the present time is some reasonable access to our property. To further support our (in our opinion reasonable) request we submit a simple sketch to illustrate the situation; unnecessary details were omitted. We hope this to be of some help in your kind consideration and looking forward to your approval. Enclosed: Sketch of area. Registered. Yours very truly, Walter Henstber;er uwuPE -AJOIJ 1204OR -c 4LLj4rice, BErW4 -m 40- 9 4^0 AD 7` -6 - t ----�- {�� .'� ^y- -� -• 'r -_-' _f...- � .- r- r. -r-.4: ..-l�: �i....�r- •Ji— :..? - -r � `f' -�.' �. — .y.......�.» -r-y 1-.' -7.. •'. {{�� F ';.,^ , ' .. . s ...: .. "°1_'.•1.'.'4 '1 -�"��f iT. !'" ' ' .�'""' }y _ {.' i`�� '�S .y..ai �i i}i -..- 1 i f rt 1_... . rI Ll ..... . ...... :..._ AV : 3:. CA d� A YIYU CORP. .ATION OF THE TOWN OF NEWC., OFFICE OF THE TOWN CLERK ..W . . _._ .. 40 TEMPERANCE STREET` 4 BOWMANVILLE, ONTARIO LiC 3A6 November 14,•1984 Mr. W. Hengstberger P.O. Box 545 Oshawa, Ontario L1H 71-9 Dear Sir: Re: Town Policy re Upgrading of Road Allowances Our File: 77.2.1 LE w 1 -6 11) TELEPHONE 6234379 .. .. _.. .�.;:.... -.,•_ ;mow. �--- , ..... _ .. _3 r,�'�bL�il ►� f�OV 1 4 1984 TOWN OF NEWCASTLE PUBLIC WORKS DEPT At the meeting held on November 13, 1984, Council endorsed the following resolution:- Mr. W. Hengstberger, P.O. Box 545, Oshawa, Ontario, be advised that, in accordance with Town Policy in such matters, the Council of the Town of Newcastle is not willing to consider allowing him to upgrade the road allowance between Lots 8 and 9, Concession 9 in the former Township of Darlington, to anything other than Town standards. Yours ruly Gertrude E. Gray, A.M.C.T. Deputy Clerk GEG /pp c.c. R. Dupuis Director of Public Works /