HomeMy WebLinkAboutWD-2-86TOWN OF NEWCASTLE
REPORT File # /0
Res. #
By -Law #
hEETING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JANUARY 6, 1986.
REPORT #: WD -2 -86 FILE #: C -19 -5
SUBJECT:
REPORT ON CORRESPONDENCE FROM PETER CASPARI, PRESIDENT,
BECAS DEVELOPMENTS LIMITED, REGARDING THE UNOPENED ROAD
ALLOWANCE BETWEEN LOTS 18 & 19 IN CONCESSION 5 OF THE
FORMER TOWNSHIP OF CLARKE, TOWN OF NEWCASTLE.
RECOMMENDATIONS:
It is respectfully recommended:
1. That this report be received; and,
2. That a Road Occupancy Permit as prescribed in By -law 83 -32 with a
schedule stipulating the following conditions, be forwarded to Becas
Developments Limited for their signature and return to the Works
Department to permit the limited clearing of a trail on the unopened
road allowance between Lots 18 & 19 in Concession 5 of the former
Township of Clarke:
a) Prior to any clearing, all trees proposed for removal shall be
marked and reviewed by the Works Department for approval. Removal
of major trees will not be allowed;
b) No grading or other such modifications to the road allowance will
be allowed.
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Report No. WD -2 -86
3. That a copy of this report be forwarded to Becas Developments with the
advice that Works Department staff have been directed to follow Town
Policy in dealing with such matters.
,11
The attached letter of November 18, 1985, from Becas Developments Limited
was received by Council and directed to the Works Department for a review
and report. Map "A" attached hereto shows the location of the road
allowance in question.
Discussion of this matter between the group now called Becas Developments
and the Municipality are not new and date as far back as 1967. The
following is a brief history of the matter:
December 14, 1967 - correspondence to the former Township of Clarke
requesting use of the subject road allowance for access to lands owned by
the proponent and indicating a willingness to construct a gravel road to
Township standards and under Township supervision, with provision for the
Township to assume maintenance responsibilities.
March 5, 1968 - agreement in principle with the above proposal by Clarke
Township Council.
July 1977 - correspondence to the Town from Becas Developments indicating a
desire to proceed as agreed upon approximately ten years prior.
August 1977 - correspondence to the Town from Becas Developments requesting
issuance of a building permit on part of their holdings notwithstanding the
fact that access to a public road was not available.
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M1
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Report No. WD -2 -86
August 1977 - advice from the Town's solicitor that the former discussions
and agreement in principle were not binding on the current Council since
definitive actions such as the passing of a by -law had not taken place.
October 1977 - Council Resolution stating as follows:
"That this Committee recommends to Council that this road be constructed at
Mr. Caspari's expense with the condition that the road meets Town Standards
and requirements.....".
November 1977 - Correspondence from Becas Developments advising that a
consulting firm had been engaged to perform preliminary engineering work.
July 1984 - Road Occupancy Permit 0374 issued to Becas Developments for
purposes of a survey on the subject road allowance.
July 1985 - Report WD- 48 -85, attached hereto, pertaining to the matter.
From the above, it is quite evident that the Works Department is dealing
with this matter in a manner consistent with the wishes of Council over its
long history. It is, therefore, appropriate to advise Becas Developments
that staff are merely doing their job.
With respect to the matter of activities on unopened road allowances, there
is a long history of problems associated with same. If persons are allowed
to modify -the road allowance to permit vehicular access, the ultimate result
is that use increases and Council is requested to issue building permits,
upgrade the road, maintain it, etc.
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Report No. WD -4 -85
Furthermore, all terraine vehicles abuse the road, leading to complaints
from others who use it. Thus, Council has adopted a policy which
entertains opening of unopened road allowances, only when it is done in
accordance with the Town's approved Design Criteria and Standards.
In view of the above, it is recommended that the recommendations of this
report be adopted.
Respectfully submitted,
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD:jco
December 18, 1985.
Attachment