HomeMy WebLinkAboutWD-28-93 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: JULY 5, 1993 Res. #Ial A
Report#: WD-28-93 File#: _02.0 1 By-Law# __
Subject: REQUEST FOR CLOSURE AND CONVEYANCE OF UNOPENED ROAD ALLOWANCE
BETWEEN LOTS 2 AND 3, CONCESSION 8, FORMER TOWNSHIP OF CLARKE,
TO MARIO VELTRI
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-28-93 be received;
2 . THAT the request to stop-up, close and convey the subject
unopened road allowance be denied; and
3 . THAT Sam L. Cureatz, Barrister and Solicitor, be advised of
Council's decision.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2 : Correspondence, dated April 7, 1993, from Sam
Cureatz, Solicitor for Mario Veltri
2.0 BACKGROUND
2 . 1 Correspondence, dated April 7, 1993, was received by the
Public Works Department from Sam Cureatz, Solicitor for Mario
u34
11 �Z71
REPORT NO. : WD-28-93 PAGE 2
Veltri, requesting the subject road allowance be closed and
conveyed to Mr. Veltri (Attachment No. 2) .
2 .2 A preliminary review has been completed by the Public Works
Department with respect to the Town's approved Policy for
Closure and Conveyance of Public Road Allowances and we have
reviewed the site to determine if the road allowance may be
required in future or if there is a compelling reason to close
and convey it.
2 . 3 The Policy for Closure and Conveyance of Public Road
Allowances
Council, at its meeting of October 26, 1992, amended the
Policy for Closure and Conveyance of Public Road Allowances by
adding Clause 5 .4 as follows:
"5 . 4 Unless there is a compelling reason, rights-of-way
which give access to Lake Ontario or to a stream or
which are located in the rural area of the Town
will not be closed and conveyed except where the
right-of-way is within or abuts a proposed
development, then such road closure application
will be considered in conjunction with the
development application. "
To the best of our knowledge, there is no compelling reason to
close the unopened road allowance and there is currently no
proposed development of the abutting lands .
2 .4 Site Investigation
The subject portion of the unopened road allowance runs
parallel to the Forced Road (Attachment No. 1) . There is a
very steep embankment between the existing Forced Road and the
unopened road allowance. Although 'it is unlikely that a road
would be constructed on the actual unopened portion,
1 o35
REPORT NO. : WD-28-93 PAGE 3
improvements to the Forced Road may require the use of the
granular fill material from the unopened road allowance and,
due to the ground elevations, may require encroachment onto
the unopened road allowance to achieve desired slopes .
3.0 CONCLUSION AND RECOMMENDATIONS
3 . 1 Since the road allowance in question is located in the rural
area of the Town and there is no compelling reason to close
and convey the road allowance; and since future road
construction in the area may require fill from the subject
road allowance, it is recommended that the request for closure
and conveyance of the subject road allowance be denied.
Respectfully submitted, Recommended for presentation
to the Committee,
z._
Walter A. Evans, P.Eng. , Lawrence E. Ko ff,
Director of Public Works Chief Administrative Officer
JCO*ph
June 231 1993
Attachments
pc: Sam L. Cureatz, Q.C.
Barrister and Solicitor
21 King St. East, Suite 101
Newcastle, Ontario
L1B 1H3
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SUBJECT PORTION
OF UNOPENED
THERTELL ROAD ROAD ALLOWANCE
(FORCED ROAD)
LOT 2
CON 8
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Q
LOT 3 0
CON 8 Q THERTELL ROAD
(FORCED ROAD)
0
Q
0
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w
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0
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75 113511 x 10 f° A 7 4� 1 T a
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[DRAWN BY: JM 1993
AR VI L ATTACHMENT N0, 1
1 �� KEY MAP WD 28-93
Sari Lo Cureatz, Q.C.
Barrister and Solicitor
Former-Minister of the Crown for the
Government of Ontario
Professional Building PHONE (416).987-3500
21 King St. East, Suite 101 FAX (416) 987-3503
Newcastle, Ontario 1_113 1H3 HOME (416).983'54,33
April 7, 1993
Town of Newcastle
Works Department
40 Temperance Street
Bowma-nvi.11e, Ontario
L1C 3A6
Dear Sirs:
Re: Veltri - Baptie R6ad' 4llowance
Please find enclosed a sketch of' a part of 'a survey pertaining to 'Lot 2 and
Lot 3, Concession 8, To-unship 'of "Clarke.
My client, Mario Veltri owns approxmately 150 acres. Thdrtell Road- travels.
from the west and then due south into a forced. road as I have circled in red.
The road continues due east. There is presently.an existing road allowa'
nc'e
that runs due north from the forced road. This road allowance climbs
an extremely high hill and the Works Department upon examination would confirm
that it would never be opened.
As a result, would the Works Department review this and make a recommendation
about closing the road allowance and deeding half or all as required under
the appropriate act to my client at fair market value;
You;ve truly,
ATTACHMENT NO. 2
52 ATZ W D-,28-93
SLC:jh
Encl..
cc. (4ari_o Veltri I l� 3 ,
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