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:
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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.)
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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
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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.
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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
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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
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