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HomeMy WebLinkAboutWD-42-80 S TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee. Item: WD-42-80. Date: March 24, 1980. Subject: By-Law 80-29. Darcy, Clarke & Bond Streets, Village of Newcastle. Background: In July of 1978 a request was received that the subject streets be closed and conveyed to abutting owners. Resolution # W-266-78 supported the closure, in accordance with Town Policy, and was subsequently adopted by Council. On March 10, 1980, Council heard objections to By-Law 80-29 (see correspondence, Dr. R.K. McArthur, attached) and referred By-Law 80-29 back "for clarification"; it is assumed that the referral was intended to be to the Public Works Committee. Report: Correspondence was received from Mr. M.R. Davidson, abutting owner of property located between Darcy and Clarke Streets, questioning the validity of the objection to By-Law 80-29, and raising various querieF relative to zoning and the provisions of By-Law 79-44. As a result of Mr. Davidson's letter of enquiry (a copy of which is attached hereto) the opinion of the Director of Planning was sought and his memorandum commenting on matters relevant to The Planning Act and Zoning are included in this report. It is noted in the Director of Planning's memorandum, Item 2. , that former Block M is clearly defined. Summary: In order to comply with Council's request for "clarification of By-Law 80-29, Dr. R.K. McArthur and Mr. M.R. Davidson have been invited to attend Public Works Committee and Mr. D.N. Smith, Director of Planning, will be present in order to respond to matters involving the Zoning By-Law and The Planning Act. r. F M E M O R A N D U M [MAR 24 IS80, TO: J. Dunham, Director of Public Works FROM: D. N. Smith, M.C.I.P., Director of Planning DATE: March 20, 1980 SUBJECT: Road Closing By-law. - 80-29 Further to your Memorandum of March 17, 1980 in respect of the above, the following points may be of assistance to you: 1. The Hanning Plan has been deemed by the Town of Newcastle, i.e. , no internal lots have status; 2. Dr. McArthur's parcel (the former Block M) remains as a "lot of recordt0 i.e. , a substandard lot under By-law 79-44 in that it is bounded by three unopen road allowances and Mr. Davidson's lands. He would be entitled to a building permit on the land if he had proper frontage on a municipal road; 3. In order for Dr. McArthur to obtain frontage, he would have to pay for the cost of constructing Darcy or Clarke Streets from Park Street; 4. If the Darcy Street road allowance was dedicated in part to McArthur as per Part 1 of Plan 1OR-1023, his properties would meld i.e. ; any conveyance, mortgage, etc. for a portion of the lands would require a consent under Section 29 of the Planning Act; 5. Any consent as per my point 4 will be subject to the Regional Official Plan consent policies and the provisions of by-law 79-44 in respect of lot sizes, frontage, etc. - 2 6. I would suggest that Dr. McArthur be advised, if appropriate, that the Town would not support a request to open and construct Darcy Street and/or Clarke Street. DNS:lb M E M O R A N D U M To: D.N. Smith, M.C.I.P. , Director of Planning. From: J. Dunham, Director of Public Works. Subject: By-Law 80-29 (Road Closures, Village of Newcastle). Date: March 17, 1980. Attached please find copy of correspondence received from Mr. M.R. Davidson, owner of property abutting Bond and Clarke Streets in the Village of Newcastle. This matter has been in progress since July of 1978, and it would seem to have reached something of an impass at this point in time. Briefly, Mr. Davidson originally requested the closure and, at that time, all abutting owners were in agreement with the proposal. Dr. McArthur, however, recently purchased his property in the area, and is now objecting to By-Law 80-29. I would appreciate your co-operation and advice relevant to the queries put by Mr. Davidson, and would be glad if we could meet to discuss this matter fully, as soon as possible. For your additional information, I attach a copy of Reference Plan 1OR-1023, and Dr. McArthur's letter of objection to the proposal. r 143 Glenrose Ave Toronto Ontario M4T 1K7 March 12, 1980 Mr. J. Dunham Director Corporation of the Town of Newcastle Public Works Department Hampton Ontario LOB 1J0 Dear Mr. Dunham, It was with great interest that I followed the discussions of the March 10/80 Council Meeting, relevant to the By-law 80-29 , the closure of the undeveloped right-of-ways , Darcy, Clark and Bond Streets. Over the past 21 months the process of closure has been carried through the required legal steps. 1. The process of closure was initiated at the July 6/78 meeting of the Public Works Department ref : Resolution W-261-78. 2. The Corporation has had the land surveyed, which was completed on August 27/79 . 3 . The land appraiser for the Municipality of Durham has placed a value on the land in question. 4. The Town Solicitor, Mr. David J.D. Sims, Q.C . , prepared the required closures and conveyances . 5. Durham Regional Council has granted approval to this By-law 80-29 . 6 . The Corporation of the Town of Newcastle, in compliance with the required procedures, pub- lished their intentions, " . . . to stop and close and authorize the sale of . . . " , in the Newcastle Reporter. . . . ./2 2 i 7 . All but one of the land owners abutting the undeveloped road allowances, have endorsed the actions of the Department of Works in the implementation of the closure proceedings. It was surprising that one of the four land owners has, at this late date, raised an objection, and that this single objection has deterred the Council from carrying out their long standing intention to pass this By-law. This dissenting land owner pointed out that the closure of these undeveloped road right-of-ways would remove the accessibility of some of the undeveloped lots from these undeveloped right-of-ways . This condition would be the same for all the other three abutting land owners, and yet they are all in favour of proceeding with the closures. The objection raised by the dissenting land owner seemed to be based on the contention that severance would be granted for lots 13 , 14, 15 , and 16 in block "M" , in contradiction to By-law 79-44 , dated May 23/79 . This raises several questions relevant to the validity of the objection: 1. What would be the basis for granting such a severance to this "dissenting land owner" in contradiction to the Zoning By-law? 2 . This section of land, block "M" - 13, 14, 15, and 16 , does not have a frontage on any existing developed road allowance, and therefore, is not designated as building lots . In consideration of the existing Zoning By-laws , and other regulations , what might be the basis for permitting severance of block "M" from block "H" , and permitting construction on this land? The three road allowances east of Park Street to Arthur Street (a non-developed road allowance) , are all short blind allowances, less than 400 ' long. Does the Corporation of the Town of Newcastle intend to build these roads? If the answer is negative then why would the Town not wish to sell these three right-of-ways , totalling 1. 68 acres, to the abutting land owners , realizing capital and expanding the tax base? Leaving these road right-of-ways in an undeveloped state represents a loss of annual income to the Town, and an unwarranted burden on the tax payers in the community. . . . ./3 3 A logical conclusion drawn from these facts casts serious doubt on the validity of the objection raised at the March 10/80 Council Meeting. As the owner, for some 30 years, of lots 11 and 12 on Darcy Street, and 11 and 12 on Park Street, in block "M" , the status of the By-law is of substantial importance. With the concurrence of the other land owners who have, over the past 21 months, supported the concept of closure of these right-of-ways, we would appreciate a clarification from you on these questions raised. Thank you for your kind attention to this matter. Yours very truly, M.R. Davidson cc. Mr. T.M. McIlroy, A.M.C.T. Town Clerk Corporation of the Town of Newcastle MRD:mw P-0- Box 370 KING STREET NEWCASTLE, ONTARIO L01UH0 TEL. 987-4466 Februa--r-y 0. J e 14 o -`-;'icilroy, A. C.T. C'lerk, �j Corpora t4 0- - of the To;Tn 6:f e c 40 Temperance Stureot, 30wmar-ville , ;--,ntario. Dear -Er. With reference to our discussion on Fridlaay, Februax-y Flth, T should attain like to state my 0' q the Proposed closure of Darcy Street a ad Clar?ze 3itree't. This section of Clarke Street fcr-' s t7le SCuthiern boundary of MY Property and the sect--'Lon o.-f.' Dia-2;.cy -'reet an question divides the Property approximately in hal-f . 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