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HomeMy WebLinkAboutWD-45-88 r TOWN OF NEWCASTLE c File # REPORT CCy Res. # n By--Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING DATE: SEPTEMBER 6, 1988 REPORT #: WD-45-88 FILE #: SUB,JECT: MAINTENANCE OF LANEWAYS ON PRIVATE PROPERTY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT this report be received; and 2. THAT the decision made by Council on November 28, 1983 that the Town will discontinue carrying out maintenance on the Worboy (now Uriadka) , Grace and Trewin laneways be confirmed; and 3. THAT a copy of this report be forwarded to: 1. Mr. Anthony E. Laskowsky Barrister, Solicitor, Notary P.O. Box 772 Oshawa, Ontario L1H 7M9 2> Mr. A. Trewin R.R. #1 Bowmanville, Ontario L1C 3K2 3. Mr. H. Grace R.R. #2 Blackstock, Ontario LOB 1BO Page 2 WD-45-88 REPORT 1.0 BACKGROUND 1.1 At the meeting of Council held on February 8, 1988, Resolution #kC-96-88 was passed as follows: "THAT the correspondence dated January 19, 1988, from Anthony E. Laskowsky, Barrister, Solicitor, Notary, P.O. Box 772, Oshawa, L1H 7M9 requesting that the road allowance on the easterly limit of lands owned by Uriadka in Part of Lots 29 and 30, Concession 9, Darlington, be maintained by the Town be received and referred to the Director of Public Works for review and subsequent report." 1.2 The letters from Mr. Laskowsky are attached {Attachment No.l(a) & 1(b) }. 2.0 COMMENTS 2.1 At the regular meeting of the General Purpose and Administration Committee held on November 21, 1983, Resolution #)GPA-931-83 was passed as follows: "THAT the recommendations in Report WD-98-83 be endorsed; and 1. THAT this report be received; and 2. Pending receipt of written confirmation of their agreement with same, Council agree to have the Works Department continue to provide winter maintenance on the following roadways on private property until, and including, the winter of 1984-85; i) Mr. R. Worboy, Part Lot 30, Conc. 9, Darlington ii) Mr. A. Trewin, Lot 15, Conc. 8, Darlington iii) Mr. H. Grace, Part Lots 33 & 34, Conc. 9, Darlington By Resolution #C-886-83 the resolution passed by the General Purpose and Administration Committee was approved by Council. 2.2 A copy of report WD-98-83 is attached to this report (Attachment No.2) . . . .3 ' I I Page 3 WD-45-88 'I I 2.3 The location of the Worboy (now Uriadka , the Trewin and the Grace laneways are illustrated on Attachments 3, 4 and 5. 3.0 PROBLEM 3.1 The problem is that for some reason the Town has discontinued maintenance on the laneway owned by Mr. Worboy (now Uriadka) but has continued to carry out maintenance on the Trewin and Grace laneways. 4.0 COMMENTS 4.1 On October 20, 1983, Mr. Dupuis wrote to Mr. Worboy suggesting that the Town maintain the laneway up to and including the winter of 1984/85 (Attachment No.6) . On October 28th, 1983, Mr. Worboy wrote to Mr. Dupuis agreeing to this arrangement (Attachment N0.7) . 4.2 On November 5, 1985, Mr. David Gray, Deputy Director of Public Works, wrote to Mr. Grace and Mr. Trewin advising them that the Town would maintain their laneways for the 1985/86 season (Attachment No.'s 8 & 9) . 4.3 Prior to writing to Council on this matter, Mr. Laskowsky had discussed this matter with staff of the Public Works Department. The matter was referred to Mr. David Sims, Town Solictor, who provided a written opinion on the matter on January 18, 1988. (Attachment No.10) . Mr. Sims advises that the Town is not obligated to maintain the laneway and states that "the question of whether or not the plowing ought to continue is purely a political, as opposed to legal question" . 5.0 CONCLUSION AND RECOMMENDATION 5.1 A review of the correspondence and of the legal opinion received from Mr. David Sims, leads to the conclusion that the Town is not liable to maintain the Uriadka, Trewin and Grace laneways. It is, therefore, recommended that the decision made by Council on November 28, 1983 to discontinue maintenance on the Uriadka (formerly Worboy) , Grace and Trewin laneways be confirmed and that a copy of this report be forwarded to Mr. A.E. Laskowsky, Mr. A. Trewin and Mr. H. Grace. i Page 4 Report WD-45-88 i Respectfully submitted, Recommended for presentation to the Committee, r t.ti z� l Walter A. Evans, P. Eng., Lawrence E K tseff, Director of Public Works. Chief Adminis rative Officer. :llv August 9, 1988 E. Lmkow�ky D-8 Anthony l / BARRISTER, SOLICITOR, NOTARY COMMUNICATIONS DIRECTION 77 �•/0 ANTHONY E.LASKOWSKY,B.A.•B.C.L. ) /Q (r� 1j r TELEPHONE 416579-0777 P.O.BOX 772 E' 73 CENTRE ST.SOUTH January 19, 1988 IAN 25 199P OSHAWA, ONTARIO LIH 7M9 TMPIN OF NE-n C su Corporation of the Town of Newcastle .CLERK DEPARTMENT 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Attention: City Clerk s Reference: Uriadka, Parts of Lots 29 & 30, Conc. 9 Darlington, Town of Newcastle Dear Sir: Please be advised that the above property owner and tenant, Mrs. McDougall.are having difficulty in having the Public Works Department maintain the road allowance to the subject property. C Enclosed herewith please find my letter dated the 19th day of January 1988 to Mr. David T. Gray which sets out the problem and would request that the matter be brought to the attention of Town Council at their next meeting so that the problem may be resolved. k AEL*awp encl. ATTACIVENT N0,1(A' ) WD-4588 . i� f.-•:..._ .t '�. .l_ �:t �,-...... .s4 tt rta aY +A: r+-. AA n. .. +i- +r r .X ...,rr :,i S - r4 � .. � 1.77 Y+.t.�T•�s�� 1 } II .�� �S 'T. .5ft �may.: �r!Y�s�_-- Y f VC-1 �.... L Lmkowsk Ao- Anthon Y E. Y BARRISTER, SOLICITOR, NOTARY ANTHONY E.LASKOWSKY,BA.,B.C.L. TELEPHONE 416579-0777 y P.O.BOX 772 73 CENTRE ST.SOUTH January 19, 1988 �! OSHAWA, ONTARIO _ � a r •7 ti ` LiH 7M9 Corporation of the Town of Newcastle 40 Temperance Street BCJ*4MVILLE, Ontario L1C 3A6 Attention: Mr. David T. Gray Reference: Uriadka, Part of Lots 29 & 30, Conc. 9 Darlington, Town of Newcastle Dear Sir: Further to your letter dated the 15th day of December 1987 and our telephone conversation relative to the above matter, please be advised that the owner of the subject premises and the tenant Mrs. McDougall, who has been in possession C of the subject premises for the past eight years are demanding that the Town of Newcastle maintain either the driveway or the road allowance on the easterly s, limit of the subject property where the actual buildings have been in existance for a period of more than fifty years. The recommendation contained. in the report of Mr. G.R. Dupuis dated the 15th day of November 1983 included in your said letter to me, merely states that the roads will be maintained. The Town has an obligation to maintain the road allowance on the easterly limit of the above property since the subject buildings have been occupied and in use, and in the same position for the -past fifty years. In the event that the Town finds it easier and more expeditious to maintain the driveway from the road allowance on the easterly limit of the subject property, the owner and tenant have no objection. In any case, a maintained access must be provided by the Town, particularly since Mrs. McDougalls' son is in need of an ambulance from time to time and such ambulance must have an unfettered and unobstructed access to the subject property in any such emergency. 'lours truly, Anthony E. Laskowsky ARANENT N0.1(B) AEL*awp WD-45-88 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R.DUPU(S, P.ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 987-5039 LOB 1J0 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 21, 1983. REPORT NO.: WO-98-83 SUBJECT: WINTER MAINTENANCE OF ROADWAYS ON PRIVATE PROPERTY. RECOMMENDATION: It is respectful ly .recommended: 1. That this report be received; and, 2. That pending receipt of written confirmation of their agreement with same, Council agree to have the Works Department continue to provide winter maintenance on the following roadways on private property until, and _ — including, the winter of 1984-85. i) Mr. R. Worboy Part Lot 30, Concession 9 Darlington ii) Mr. A. Trewin Lot 15, Concession 8, ATfACIIENT N0.2 Darlington WD-45-88 y. ti iii ) Mr_ H. Grace Part Lots 33 & 34, Concession 9, Darlington i Page 2 �. REPORT: WO-98-83 it was discovered that the Town has been Late in 1982, s on private providing winter maintenance on roadway property, as listed above, for several years. As the i involved property owners indicated that they had agreements and to for same with the Councils of the forWi�t r,nthe ppractice prevent hardship through the 1982/83 these owners was continued. However, in the summer of 1983, documentary were advised that, unless they could provide -evidence of the Municipality 's obligation to perform winter maintenance, the activity would cease. The involved owners have been unable to produce such evidence, but, have requested the Town to grant them a alternate period of grace, to the winter of 198 arrangements. Since the roads involved have been maintained by the Town for many years, the costs involved are negligible, and the property owners involved are generally senior citizens, the request is not too unreasonable. Accordingly, it is recommended that Council give and favourable consideration to continue winter maintenance to, including, the winter of 1984-85. Respectfully submitted, R.G. Dupuis, P. Eng. , Director of Public Works. RGD:jco November 15, 1983. ATTACMBff NO.2 WD-45-88 URIA D Ay KA.;. LANEW CONCESSION ROAD 10 w � 0 N w w L. OT 29 mct5 LOT 34 w UO ZM Q Q� o PA T o Q H E P C _Y PA R T 2 EASEMENT LANEWAY- APPROXIMATELY 740 METRES LENGTH.ART 3 0 o Q a J W_ Im li i - Z w PA T 4 TOWN OF NEWCASTLE CONCESSION ROAD 9 ATTAUME9 NO.3 REGIONAL ROAD NO. 20 TREWIN LANE WAY O OVERHEAD HYDRO LINES i LANEWAY- APPROXIMATELY 700 METERS IN LENGTH L 0" T LOT - 14 16 LOT 15 TOWN OF NEWCASTLE i aVCE L ANEWA Y CONCESSION ROAD 10 N - l � LANEWAY- APPROXIMATELY 950 METRES IN LENGTH l NORTH I / LOT 34 LOT 33 a TOW N OF NEWCASTLE CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS.P.ENG.,DIRECTOR HAMPTON,ONTARIO TEL(416)263.2231 987-5039 LOB 1JO October 20, 1983. Ronald F. Worboy, Barrister & Solicitor, P.O. Box 21, 153 Simcoe Street North, Oshawa, Ontario. L1H 7K8 Dear Sir: RE: Maintaining Private Drive - Part Lot 30, Concession 9, J' (Part 3, Plan 1OR331) Geographic Township of Darlington I have reviewed and considered your letter of October 5, 1983, pertaining to the above. What you have put forward as a suggestion in the third last paragraph of your letter has merit, however, it seems that five years is a rather long period of grace for you to make alternate arrangements. I would, therefore, suggest three years with the Town maintaining the road until and including the winter of .1984/85. If we mutually agree that this is'an acceptable.arrangement, I will make the appropriate recommendation to Council. As winter is approaching, early resolution of this matter is essential and I look forward to your early reply. In the meantime, if you have any questions, please feel free to contact me. Yours very truly, R.G. Dupuis, P. Eng. , Director of Public Works. RGD:jco cc: D.T. Gray ATTACKIENT NOS;6 W-45-88 U \. TELEPHONE (416)723-2206 RONALD �. WOIZ-go , �ti?rrrister,�5alcrctar P.O.BOX 21 IS3 SIMCOE STREET NORTH oSI-LAVA. ONTARIO LIH 7K6 October 28th, 1983, The Corporation of the Town of Newcastle, public Works Department, Hampton, Ontario. LOB 1J0 Attention: Mr. R. G. Dupuis Director of Public Works Dear Sirs: Private Drive .� Part Lot. 30, Re: Maintaining Cpart.•3, Plan 1OR331� Concession 9. of Darlington Geographic .Township letter receipt with thanks of your I acknowledg e 1983. of October 20th, rein are satisfactory The arrangements co tau for Your consideration. to myself and I do Y Yours very ruly, RONALD F. WORBOY RFW/lrb ATTACREff N0,7 'AD-45-88 Q F THE TOWN OF NEWCASTLE CORPORATION O R.OUPUIS, P.EN4•,DIRECTOR TEL.(416)263.2231 PUBLIC WORKS DEPARTMENT 987-5039 HAMPTON,ONTARIO LOB 1JO December 8, 1983. Mr. H. Grace, R.R. # 2, Ontario. Blackstock, LOB 1BO. Dear Sir: Town Forces RE: Maintenance of Your Private Road by at unless you could ear, you were advised that In August of this y ation to maintain your provide proof that the !Own had an oblig To date, we road, summer and winter maintbu�nd�ouncil recognizes Accordingly, have received no such proof, the Town will maintain your road up to may need some time to aatke alternate arrangements.time, it has been decided of 1984/85. After that and including YO will be responsible for same. maintenance will cease and y would be pleased to You understand the above, but, I trust that estions you may have. discuss any q Yours very truly, R.G. Dupuis, P. Eng. , Director of Public Works. RGD:jcO ATCACKAONT NO 18 WD-45 -88 Q Cop RATION OF THE TOWN OF NEWCASTLE R. DUPUIS, P. ENQ-, DIRECTOR PUBLIC WORKS DEPARTMENT TEL.(416)263-2231 HAMPTON,ONTARIO 987.5039 LOB 1JO December 8, 1983. Mr. Arthur Trewin, R.R. # 1, Bowmanville, Ontario. L1C 3K2 Dear Sir: RE: Maintenance of Your Private Road by Town Forces 9 In August of this year, you were advised that unless you could provide proof that tier maintenanceowoujdtcease� maintain road, summer and win Council recognizes that you have received no such proof, but, may need some time to make alteratilarraigemints. A cordingty, it has been decided that the n and including the winter of 1984/85. After that time, maintenance will cease and you will be responsible for same. I trust that you understand the above, but, would be pleased to discuss any questions- you may have. Yours very truly, R.G. Dupuis, P. Eng. , Director of Public Works. RGD:jco ATTACHIM N0.9 WD-45-88 i l YWS BRAD ' MCNIACKIN' .� �p BARRISTERS SOLICITORS TIM OF �tD�itf�MtQRKS DEPT_ January 18, 198 Mr. Walter A. Evans , Director of Public Works, Corporation of the Town of Newcastle, 40 Temperance Street, gowmanville, Ontario. L1C 3A6 Dear Mr. Evans : Re: Winter Maintenance on Private Road - Mrs. MacDougall I wish to confirm my advice at our meeting on January 15th, 1988 in which we discussed the above noted matter. My comments will be confined specifically to the Uriadka/MacDoug all situation but they are undoubtedly equally applicable to the Trewin and Grace situations . It app es ears manifestly clear that the laneway from Enfield Road to the MacDougall p remises, approximately 740 m. in length has never inat on of the snow clearing eappears public road. The doubt. the previous owner, to be in some doubt. Mr. Worboy, referred to the existence an an agreement s owner51inewhich the Township of Darlington plow the laneway in lieu of the Township agreed to p allowance north of the then existing the road d cannot be located. house. This agreement ed• reed to continue whatever the original agreement, Council agreed This W the snow clearing until the winter 1984-198For some arrangement was acceptable to Mr. orboy. inexplicable reason, the snow clearing has continued to date and there appear to be no records to y then Towns on an action.'ex The snow clearing appears to be done by gratia" basis. Mr. Laskowsky insists that it is "incumbent and imperative" that the Town of ance betweenlLots 128a and e29hto the laneway or the road allow property . With respect, I do not believe that this conclusion is correct for the following reasons. Unless the laneway is considered to become a public road or some contractual arrangement there is no ATT.AWN NO 10 WD-45-88 117 King Street,Box 358,Whitby,Ontario,L1N 5S4 Telephone 668-7704 C 6 'A SmS BRADY&MCMACKIN 2 _ accordingly, it to maintain it• It is and, there has never obligation contra been intended dedication of noted aforesaid, any is not a public road. tually g a reed to be terminal . previously entered into was mu fronts on an open road, namely, The property . provided. Unless accordingly, access is previous point in Enfield Road and, opened at some previous is some the road allowance has ationto maintain it. have been time there is no obl �orboy' s letter that it may have there suggestion from Mr. orbo However, at this point maintained prior to doesn' t app ear to be any further evidence as to the status of that road allowance nor tche s to whi Enfield it Roade would opened. However, having a appear to answer this point. in my view the question of whether as Accordingly, purely a political, not the plowing ought to continue is p question. However, should Council decide al, q on the private lanes, it should opposed to leg lowing is to continue the snow ear to the property owners that it be made abundantly ratia basis without any intention of being done on an ex g public roads acceptance of the laneways as p there being any obligation to provide alternate access. any without any do not Should you have any q ues ions please hesitate to get in touch with me . Yo truly, . j Davi J. D . Sims i DJDS:mrs ATTACHA NT N0.10 WD-45-88