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HomeMy WebLinkAboutWD-118-81 OWf-MG AND =77SS .p�, n CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT J.W.Dunham,Director HAMPTON,ONTARIO LOB 1 JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE OF OCTOBER 13, 1981. REPORT NO. WD-118-81. October 1, 1981. SUBJECT: (Unopened) Park Street between Blocks U & V, Hanning's Plan - Village of Newcastle. RECOMMENDATIONS: It is respectfully recommended: 1. THAT this report be received. 2. THAT it be recommended to Council that the following resolution be adopted: "WHEREAS the Council of the Town of Newcastle adopts Report WD-118-81; and WHEREAS it has been requested that (Unopened) Park Street, between Blocks 'U' and 'V' on Hanning's Plan of the Village of Newcastle, be (a) Closed and Conveyed to the abutting owners and (b) Maintained as a Public Access to the Lake; BE IT THEREFORE RESOLVED that thirty-three feet of Unopened Park Street be closed and conveyed to the abutting owners, in accord- ance with Town Policy, and the remaining (central section) thirty-three feet be re- tained in it's present status in order to provide pedestrian access to the Lake." WD-118-81 - 2 BACKGROUND & COMMENT: Two separate enquiries in regard to the unopened portion of Park Street in the Village of Newcastle have been received. In a letter dated August 12, 1981, Mr. J.A. Wynn requested, on behalf of him- self and Mr. Mr. C. Ewert who are owners of property abutting the right-of-way, that Park Street be closed and conveyed; the basis of the request is that each owner has buildings which encroach on the street to some degree (as indicated on Plan File # 81176-S) . The second request, from Mr. M.R. Davidson (August 27, 1981) asks that the Town restore the pedestrian access, via Park Street to the Lake, and replace the wooden steps leading to the beach. The Town of Newcastle has various options in this matter: 1. Close and convey Park Street entirely. 2. Close and convey sixteen-and-a-half feet on each side of the right-of-way, retaining the centre width of thirty- three feet as a pedestrian access. 3. Give authorization for the existing encroachments, in accordance with By- Law 81-50. Option 1 would not be in the best interests of the community, and there would be considerable reluctance in recommending complete closure and conveyance of the road allowance, thus depriving people access to the Lake. Option 2 would seem to be the most reasonable; the requests of all parties would be satisfied and the matter of the encroachments would be resolved. It should be noted, however, that prior to any roadways providing access to lakefront(s) being altered in status (e.g. closed) the approval of the Ministry of Housing is required. WD-118-81 - 3 _ Option 3 would serve the legal requirements of the abutting owners whose property encroaches onto the right-of-way, but would not re- solve the matter of a proper pedestrian access, nor provide a permanent solution to the matter of Park Street as a whole. It is, therefore, recommended that the easterly sixteen-and-a-half feet, and the westerly sixteen-and-a-half feet of Park Street be closed and conveyed, in accordance with Town Policy, and the abutting owners be advised of this action, and the central thirty- three feet of the right-of-way be retained by the Town to provide pedestrian access to Lake Ontario. Respectfully submitted, J. Dunham. Director of Public Works. rt JD:vh August 27 , 1981 143 Glenrose Avenue Toronto, Ontario M4T 1K7 Mr. J.W. Dunham Director Corporation of the Town of Newcastle Public Works Department Hampton, Ontario LOB 1JO Dear Mr. Dunham: As a resident of Park Street, Newcastle , I am writing in reference to the public access to the lake at the foot of Park Street south of the lake road. For many years the Village of Newcastle maintained a set of wooden steps which led down from the public road right of way to the beach. The steps broke up a while ago and were not replaced. Since it is difficult to clamber down the bank the residents adjacent to the public right of way have kindly permitted those living north of the lake road to walk through their property to reach the beach. As you will understand, this arrangement is not very satisfactory for it continually. disturbs their privacy. It is for this reason we are requesting that the Town replace the steps so that the residents to the north of the lake road can reach the beach over the public right of way. Please let me know if you can arrange for steps to be installed. Yours very truly, M.R. Davidson RECEIVED cc: Mrs. V. Haighk---,- SEP 2 WG TOWN OF � �.., I TELEPHONE 752-4325 AREA CODE 519 SLEMIN, WYNN BARRISTERS & SOLICITORS 90 NELSON STREET P.O. BOX 1030 BRANTFORD. ONTARIO N3T 5S7 J. A. D. SLEMIN. O.C.. (1980) J. A. WYNN. O.C. DAVID E. SPICER. B.Sc.. LL.S. August 31st, 1981 . itr. J. W. Dunham Director ENEWCASTLE Public Works Department, wn of Newcastle Ontario, LOP 4 JO Dear P•�ro Dunham: Re: Unopened Park Street between Block 11 i,1 and P1771i, Hanning!; Plan of the Village of Newcastle, 24v rile No® 80/90 - Dais will confirm receipt of your letter of August 25th, 1981, the contents of which have been noted, and also my subsequent telephone conversation with you on August 28th, 1981 . For the many reasons set out in my letter of August 121, as well as given to you on the telephone, I am very disappointed that it is not feasible to have the road allowance closed. I am therefore wondering, if we could follow another course, and namely, that the Town would consider with the approval of the provincial authorities, the closing of a portion of the road allowance or alternatively, the closing of the whole of the road allowance and `.,rue deeding back of the ad j oLning owners, i r. Evert and myself, of a portion that would be sufficient for an access to Lake Ontario® As you will note from the Plan submitted with ray letter of August 12th, and after reference to the Town's by laws, �n order for re to do major repair and renovation as I propose, commencing with the underpining and installation of a foundation and basement under the existing building, I must have an appropriate setback from any road or road allowance® The set back from Boulton Street is sufficient under the by laws, but unless I had probabl-, fifteen ;15, feet of set back on the west side, I would have difficulty proceding with the renovation® It is therefore, my suggestion as given to you on the telephone, that perhaps the Town of 1-ewcastle would consider reducing the size of the access road to say, thirty feet, which would then enable Hr. Evart and myself, to Occupy Continued on page two. .. Pa.c-e two.. . �Ugust 31stp 10,81 . .-Ir. J. "J'. Dur-'n',am, Director, an additional sixteen and one-half 1&-81-' feet or either side of t1riat narrowed ) -L lu access and would c-iVe us pl-Snty of room, f or proceding LI ,7i,,-.T case with t7-e renovations at my house., and in "Ir. --,—�velrtl S case., with the retention of his e-xis-!Iin� garage, -,,;h-2ch already e-,xtends several feet onto the road allo-va--n-ce. it- is -.ay suggestion, and W4+ it;h -Uhis I hone you and the 17own-, Council agree. -the access road shrould not- necessari77- be a place for par-king e - vehicles, but only a means of getting to the lake and thirty (30) feet width. ought to be more than ample for this purpose. this in mind, T Wo 6 L - u! _ be --rate-f-a]l if -,rou would to your o-t]ndtutee and the necessary other persons or bodies, this proposal with the hopes that it would be acceptable to you and then U : it would correct the problem than ' -. Z,,7e I,-;,- and i,d T have. it would also still leave more that aMp7 e access -o t e lake,, i,�'L-L-fch incidentally at the present- "Lae. is not U uh used because of the high bank from the ground down to the beach. I hesitate to -out forF,,,ard another alternative, hecause it is my hope is that L. -I- one would be acceptable there is a further alternative this I but that the 1-1-nicipal-I ty i, I Eht convey to me, say two 2, feet of each side o" the road allowance, that would then place my building wholly on mfr land, and I perhaps might then obtain, the approval of the Co=rm-'[Itee of 18-djustnlentu to the variance needed, to renovate and make more -permanent my building. CL ,-,s i indicated to you on the telephone, the root of ap-plyinc- ior a licence to encroach leaves so much to be desired, when it comes to selling or disposing of the property at a later date, that i would rather not do this., unless 'where is no other alternative and I am. hopeful that the first alternative suggested above, which of course is Yfy preference k, ., car, be acted upon. Jbviousi.y, i Dust tell my contractor that it looks quite impossible for us to proceed with any work this winter, and I su-o-oose T am. only .9 1 hopeful that the building will not deteriorate to the point, than it really can't be saved. I will look forward to hearing from you at an early date., and Li the mean time, remain. Yours very truly, JA'd d `C L . L z � a t V tl tI t 1 f LAND SURVEYS NG a EN"GI !JEERING 2i '' QUEEN STREET t " B'O'Ai ANV1LLE.ONTAfC.CJ.