HomeMy WebLinkAboutWD-18-88 pEeow #z
TOWN OF NEWCASTLE
REPORT
+� File #
Res. #
By-Law #
mEETING: COUNCIL
DA-E: MARCH 14, 1988
T #:
WD-18-88 FILE
ANGE THE DESIGNATION
REQUEST BY GORDON BARRIE TO CH " To M OF A
CT: Q pROVED"
PORTION OF PROVIDENCE ROAD FROM "UNIMPROVED
RECOMMENDATIONS:
It is respectfully recommended to Council-
A. That By-law 86-112►
being a by-law to establish a street
name map and a street name inventory
for roads in the
Town of Newcastle be amended to change the designation of
former Township of
providence Road in Concession to 11
, Improved road" from
Darlington from "summer road
the north limit of the C.P.R.
right-of°way to the south
limit of the existing improved road.
B. AND THAT a copy of this report be forwarded to
Mr. Gordon Barrie.
PAGE 2
REPORT NO. WD-18-88
1.0 BACKGROUND
1.1 In late 1987, Mr. Keith Barrie applied for a permit to
construct a single family dwelling on a parcel of land
located in Lot 4, Concession II, former Township of
Darlington. (See Attachment 2) .
1.2 The building permit application was denied because the
property in question fronts onto that section of Providence
Road which is designated on the Town of Newcastle "Street Name"
map as a "summer road" .
1.3 Section 3.7 of the Town of Newcastle Zoning By-Law prohibits
the issuance of a building permit unless the lot upon which
the building is to be erected fronts on an improved public
street maintained year round.
1.4 On February 12, 1988 a meeting was held in Mayor Winters office
with Gordon and Keith Barrie to discuss the matter.
Attached is a copy of a letter, dated February 16, 1988,
from Mr. David Sims to Mr. Keith Barrrie confirming the
conversation which took place at the meeting.(Attachment 1
2.0 DELEGATION By MR. BARRIE
2.1 Mr. Barrie, represented by Mr. Grant, appeared as a
delegation at the meeting of the General Purpose and
Administration Committee held on Monday, March 7, 1988.
2.2 Mr. Grant gave verbal testimony that for many years
providence Road in Concession II was maintained all year.
His submission was basically that because of this, the
designation of the road should be changed to "improved"
status thereby removing the status of Providence Road
as an impediment to obtaining a building permit.
. . .3
PAGE 3
REPORT NO. WD-18_88
2.3 Mr. Glenn Smith, Foreman at the Hampton Depot has confirmed
that prior to about three years ago, Providence Road
in Concession II was maintained all year. Apparently,
about three years ago the C.P.R. placed an 8 tonne load
limit on the bridge over the C.P.R. tracks. For this
reason, the Public Works Department discontinued snow
plowing of the southerly two thirds of Providence Road
in Concession II.
2.4 At about the same time as the above events occurred,
the Town was in the process of completing the preparation
of a street name and inventory map. It is probable that
it was at this time that the designation of Providence Road
was changed from "improved status" to "summer road" status.
3.0 CONDITION OF THE ROAD
3.1 The section of Providence Road from Concession Street
which is now designated as "summer road" is a relatively
narrow gravel road with poor drainage and without ditches.
3.2 An inspection of this section of road was made on Monday,
March 7, 1988. Although the "summer road" section has
not been plowed this winter, the road was passable.
4.0 CONCLUSION
4.1 The evidence given by Mr. Grant and the fact that
Providence Road was maintained year round until about
three years ago is not disputed. Therefore, it is my
conclusion that the Town has an obligation to continue to
maintain the road year round.
. . .4
PAGE 4
REPORT NO. WD-18-88
4.2 Since there is an 8 tonne load limit on the bridge over
the C.P.R. , it is not prudent to re-designate all of
Providence Road in Concession II as an improved road.
This matter will be investigated further with the goal
of taking the necessay steps to restore all of Providence
road to its previous status of "improved road".
5.0 RECOMMENDATION
5.1 Based on the above, it is recommended that By-law 86-112
be ammended such that Providence Road from the north
limit of the C.P.R. right-of-way to Concession Road 3
is classed as an "improved" road.
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P. Eng., Lawrence E \FCotseff,
Director of Public Works. Chief Admi i trative Officer.
:llv
March 9, 1988
23 iq�8
SIMS BRADY & MCMACKIN ,utif( OF NEWCASTLE
BARRISTERS SOLICITORS }-JLSL;V WORKS DEPT.
February 16, 1988
Mr. Ke� Barrie,
R. R. 4 ,
Bowm ville, Ontario .
LlrK5
Dear Mr. Berry:
RE: Town of Newcastle application
for building permit, Part Lot 4 ,
Conc . 2 , former Township of Darlington
The purpose of this letter is to confirm the
conversation which took place at the meeting in the Mayor' s
office on February 12th, 1988 , at which time you, your
father, the Mayor, Mr. Evans , Mr . Edwards and I were in
attendance to discuss the above noted matter.
Your lot fronts on Providence Road in the former
Township of Darlington which has been designated as an
unimproved road for summer maintenance only. Under the
provisions of the Town of Newcastle By-law 84-27 being a
by-law to establish a policy for unimproved roads in the
Town of Newcastle, it is provided that where the
construction of an unimproved road is necessary it shall be
done at the expense of the person wishing the upgrading of
the road. In this regard, Mr . Evans advised you that the
preliminary estimate of the cost of the upgrading of that
portion of Providence Road to obtain access to your property
would cost approximately $66 , 000 . 00 .
Ssection 3 .7 of the Town of Newcastle Zoning
By-law prohibits the issuance of a building permit unless
the lot upon which the building is to be erected fronts on
an improved public street maintained year round. An
exception is provided where a lot has been created prior to
the date of the passage of the by-law (which we understand
to be your case ) , a building permit can be issued provided a
private right-of-way registered on title provides legal
ingress and egress to an improved public street . At this
time your lot does not front on an improved public street
nor does it have access by way of easement to such a street.
Accordingly, the Town of Newcastle is not permitted to issue
a building permit at this time.
During the course of our meeting a number of
alternative solutions were discussed, such as the granting
117 King Street,Box 358,Whitby,Ontario,L1 N 5S4 Telephone 668-7704 ATTACHMENT
S[MS I3IZADY&MCMACKLN
of an easement over abutting property owned by members of
your family or, alternatively, merging the property with
abutting properties and applying for a building permit as a
second dwelling on a farm property . If the latter course of
action is pursued an access permit may be required. In any
event, these alternatives were left with you and the members
of your family to discuss .
Should you wish to pursue this matter further I
suggest that you make your first contact Mr. Edwards and
members of his staff in the Planning Department.
You s ruly,
1
LIJ L J. S ims
p .c . Mr . Gord Barrie
Mayor Winters
Mr. Walter EvanSl/—
Mr. T. Edwards
i
W
RD. 4
�) 2
�) o
SYDE GARY CT. Q
CT. C] O
R4MEL AVIC . Q �
REBEL O m Q
CT. O
12 1 9 8 6 5 d 3 2 1
NC. RD. 3
w SECTION OF ROAD
cc
z TO BE DESIGNATED
Oil ZAS "IMPROVED" ROAD
1' oil
I
d o
II Z o
II Q o
m O
c� 32
ON ESSI N ST. E. 5 34 33
o c�
o a
cc x
m
F- o
F- Q W— RO VIEW D.
G/
Z O N
I.. W S h�w KURV
m Y ac? INN
U ��z RD. — U
MARCH 14, 1988 D.L.
♦''`w ' '"" ATTACHMENT 2
R
TO REPORT WD- 18-88
W15�K�lED q�
TOWN OF NEWCASTLE
WRRANDUM
TO: David Oakes, Clerk
FROM: Walter A. Evans, Director of Public Works
DATE: 9 March 1988
SUDJECT: REPORT REGARDING GORDON BARRIE DELEGATION TO G.P.A.
ON MARCH 7, 1988 AND AMENDMENT TO BY-LAW 86-112
Attached for your information is a copy of my report to Council
with regard to the delegation by Gordon Barrie on March 71 1988.
Attached also, is a copy of an amendment to By-law 86-112 which
implements the recommendation which I am making in my report.
I assume that this appears on Council's agenda as a separate
item from my report. In any event, please ensure that this
by--law is available for Council's action on March 14.
Yours truly
Walter A. Evans, P. Eng.
Director of Public Works
WAE:lly