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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
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Page 3
WD-45-88
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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.
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Page 4
Report WD-45-88
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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 .
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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
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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
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W_ Im
li
i - Z
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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