HomeMy WebLinkAboutWD-9-86— 6 ( � �
TOWN OF NEWCASTLE
REPORT File # /tN
Res. #
By -Law #
MEETING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JANUARY 6, 1986.
REPORT #: WD -9 -86 FILE #:
SUBJECT:
STATUS OF MONROE STREET EAST OF MILL STREET, NEWCASTLE VILLAGE
RECOMMENDATIONS:
It is respectfully recommended:
1. That this report be received; and,
2. That a by -law be passed by Council which achieves the following:
i) repeals By -law 742, April 10, 1961, of the former Village of
Newcastle;
ii) makes such repeal conditional on there being no obligation on
the Town to upgrade or reconstruct a road on the Monroe Street
road allowance;
iii) stipulate that year -round maintenance will be provided on the
Monroe Street road allowance only to a point not greater than
300 feet east of the east limit of Mill Street.
....2
Page 2
Report No. WD -9 -86
3. That Irwin A. Hamilton be advised of Council's decision in this
matter.
REPORT:
In November 1985, a building permit application and application for property
access was made for a lot at the southeast corner of what would be Beaver
Street and Monroe Street indicated on the attached maps. Beaver Street is
unopened north of Andrew Street, and through a review of the entrance
application it was found that Monroe Street had been closed by By -law 742,
dated April 10, 1961. The property vendor and purchaser and respective
solicitors were advised of those findings with an indication that neither
permit could be issued since the lot did not have frontage on a road.
Subsequently, the attached letter was received from the law firm of Hamilton
& Bellefontaine pointing out what that firm considered relevant fact and
suggesting that By -law 742 be repealed.
By -law 742 reads as follows:
"A By -law to close Monroe Street in the Village of Newcastle on the east
side of Mill Street to facilitate the installation of the Municipal water
system tank ".
Read a first and second time April 10, 1961.
Read a third time and finally passed April 10, 1961.
Reeve: J.J. Cunningham Clerk: T. Lennard
.....3
Page 3
Report No. WD -9 -86
Aside from the information provided by Mr. Hamilton other questions arise.
Was sufficient notice provided to allow for objection from individuals
who might be affected or was the by -law passed unilaterally by the
municipality? Was there ever a travelled road on the road allowance? Can a
municipality land -lock a legal lot?
From a review of the area, it would seem that the road was once and still is
i
travelled. The property owner at the southeast corner of Monroe and Mill
Streets has a driveway to the road and the apple storage business to the
north has at least two entrances to it. The road surface is in quite good
condition and within the limits indicated in the recommendations of this
report would not impose a maintenance burden.
In view of the above, and the fact that the water tower for which closure
seemed to be initiated is no longer in existence, it would not be
unreasonable to proceed as recommended.
Respectfully submitted,
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD:jco
December 31, 1985.
BARRISTERS AND SOLICITORS
IRWIN A. HAMILTON B.COM., LLB.
PAUL L. BELLEFONTAINE BA., LL.B.
November 26, 1985
'Ibwn of Newcastle
Hampton, Ontario
LOB 1JO
Attention Ron Dupuis
Dear Sir:
i
1P.O. BOX 357
43 ONTARIO ST.
BOWMANVILLE. ONTARIO LIC 254
PHONE 14 161 623 -7744
File #5424
RE: Walkey p/f Andelwood Homes being part of Block H, Hanning Plan
of the Village of Newcastle, Monroe Street, Newcastle
This is to confrim that Mrs. Walkey had sold this property to
Andelwood Homes with a closing date of November 22, 1985. The terms of sale
include a building permit being available for the lot. ',he permit was refused
by your office as apparently the old Village of Newcastle has passed a by -law
closing the road in April of 1961. This road is used year around and there is
at least one other house on the street.
Mrs. Walkey purchased the property in December of 1979.
It would be our legal position that the by -law is not enforceable
for the following reasons:
(1) It prevented ingress and egress to the subject lot, then owned by
Robert John Vautt contrary to s460 of the Municipal Act R.S.O., 1960 (later
s. 4441 R.S.O. 1970). To the best of our information and belief Mr. Voutt did
not consent to the by -law.
(2) The by -law has not been registered in the Newcastle Registry Office
and accordingly has not come into effect.
Municipal Act (1966 c.93 s. 32) later s.443 (9) R.S.O. 1970.
In any event we understand from Mr. Walkey that you are willing to
bring this matter before council to have this by -law repealed. We would ask for
your assistance in this matter.
Yours very truly
IAH:am
CC. Mr. John Walkey
Kitchen & Kitchen
HAMILTON & BELT TUNrAINE
P Ixwin A. Hamilton
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