Loading...
HomeMy WebLinkAboutWD-28-81 _/V TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of February 17, 1981. ITEM: WD-28-81. DATE: February 6, 1981. SUBJECT: Resolution # W-285-80 (Report WD-149-80) One Foot Reserve (east limit of Tyler Street) Mitchell's Corners. BACKGROUND: Rao.eution # W-149-80: Public wotch Committee, OctobeA 28, 1980. "THAT the kecommendati.on in Repatrt WD-149-80 be endowed and, in view o4 the tegae impt i.cat%onz invo.eved, commence be obtained 4&om the Town - Sot i c tan tcetevant to gtcanti.ng apptco vae o4 accezz avert. the one-400t te/sen.ve on Tyeetc. S;fteet, M-itche2t'z ConneAZ, and that it be detetcmined i4 thexe wowed be any 4utune ,impact to the Town i4 considenati,on shou.ed be given to t i.ring the one- 400t &aeue at this time". REPORT: i Attached is a copy of the letter received from Mr. Sims together with a memorandum from the Director of Planning, to whom the Solicitor's comments were forwarded for review. It would appear that Mr. Sims' assessment of the situation is valid and his suggestion that the Town should grant a 'licence' to Mr. McMaster to cross the one-foot reserve for access into his property would seem to be a reasonable solution to the problem. RECOMMENDATION: THAT the Town of Newcastle grant Mr. Ross McMaster permission in the form of a licence to cross over the one-foot reserve on Tyler Street, Mitchell's Corners, for so long as he is the owner of the property located thereby and on condition that no access is made from said property onto Taunton Road (Regional Road No. 4.) i ` ,A, i J M E M O R A N D U M TO: J. Dunham, Director of Public Works FROM: D. N. Smith, M.C.I.P. , Director of Planning DATE: January 23, 1981 SUBJECT: One Foot Reserve, East End of Tyler Street, Mitchell's Corners The lands owned by Mr. McMaster, lying east of the one foot reserve, are zoned R2 and R3 in the Restricted Area (Zoning) By—law of the former Township of Darlington. The minimum lot frontage in the R3 zone is 80 feet. If the entire one foot reserve were lifted, the lot would have 66 feet frontage on Tyler Street, and a successful application for minor variance could result in the creation of a lot fronting on Tyler Street. As an alternative, I suggest that a one foot reserve be lifted only the actual width required for access to the site. NJ b E I I i i M E M O R A N D U M TO: D.N. Smith, Director of Planning. FROM: J. Dunham, Director of Public Works, SUBJECT: One-Foot Reserve, East End of Tyler Street, Mitchell's Corners. DATE: December 15, 1980. Attached please find reports and correspondence relative to a request that the one-foot reserve at the east end of Tyler Street, M:i.tchell's Corners , be lifted. It would be appreciated if, as suggested by the Solicitor, you would review the information attached and comment on same at your earliest convenience. Thanking you for your co-operation. i I i i I ii S s Morton McInerney & Brady D.J.D. SIMS. Q.C, R.P. MORTON BARRISTERS & SOLICITORS M.C. MCINERNEY J.F. 13RADY W.M. BURCH December 12 , 1980 Mr . J. Dunham, Director of Public Works, Corporation of the Town of Newcastle, Municipal Buildings, Hampton, Ontario. Dear Mr. Dunham: Re : One-Foot Reserve East of i Tyler Street - Mitchell ' s Corners , Town of Newcastle You have asked for my comments with respect to the granting of approval of access over the one-foot reserve on Tyler Street at Mitchell ' s Corners to permit Mr. McMaster to acquire access to his property. I understand that the request arises because Mr. McMaster has recently closed an unsafe driveway to Taunton Road and that access to Tyler Street will provide a safer route for all concerned . If Council agrees that the proposed method of access is safer two courses of action are open to the Municipality. The first would be to lift the one- foot reserve and to dedicate it as a public road. This would permit access in perpetuity via Tyler Street for Mr . McMaster and subsequent owners of his property. The other alternative is to grant a permission that would be in the nature of a licence to Mr. McMaster to cross over the one-foot reserve. The licence could be granted on such terms and conditions as may be considered appropriate; e .g. so long as Mr. McMaster is the owner of the property and no access is made from his property to Taunton Road. The licence would prevent Mr . McMaster from being a tres- passer but would not go so far as to grant access to his property in perpetuity via Tyler Street. RECEIVED Insofar as I am concerned, the simple DEC 15 1980 I hrh k4NG STREET, WHITBY, ONTARIO LIN 4Z1 BOX: 358 TELEPHONE: 668-7704 - I 2 - dedication of the one-foot reserve would be the most expeditious and uncomplicated manner of handling the problem. You may wish to have the comments of your Planning Director prior to proceeding. I would be pleased to receive your further instructions. Y urs uly, David J. D. Sims, Q. C. DJDS :mrs p. c. Mr . A. Guiler Mrs . G. Gray i i i i i