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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