Old subdivisions can cast long shadows – even long before they are built.
Council here is wrestling with one such proposal near Glen Allan. Nobody seems to know when it was created, or even how. Checkerboarding, or severing every second lot, is one possibility, and simply registering one with the township long ago before there were zoning rules is another.
There are a number of such plans in Mapleton Township, some of them going back to the late 1800s.
The one proposed for Sideroad 16 is one of them. That part of the road that runs north off County Road 45 to the west side of Glen Allan (just east of County Road 11) looks like a farmer’s lane – because that is what it is.
The problem for council is a plan of subdivision to the north, along the Conestogo River, which is hundreds of yards north of where the road abruptly stops to turn into a farmhouse. The land is Part of Lot 4, Concession 4.
The township has been maintaining the short part of Sideroad 16 leading to the farmhouse. The rest, running to the subdivision, is through a field belonging to homeowner and farmer Carl Foell.
Tim Martin has the subdivision lots north of that farm field, and is proposing to create two housing lots. He has to merge several lots proposed long ago because they are too small to meet current standards for septic systems.
Martin’s other problem is those lots do not have any road frontage – another firm rule for being able to build a house.
On Jan. 10, council had his proposal back for discussion but deferred any decision until chief administration officer Patti Sinnamon could obtain a legal opinion on the best way to proceed.
Sinnamon said in an interview last week Martin has the option, like other developers, of opening up the entire Sideroad 16 leading to the two housing lots by building a road. But Martin told council he has no interest in that. Developers build roads for large subdivisions, but not for two lots, due to the high cost.
There are other options. If council agrees to stop and close the road, it could declare the road allowance surplus property and sell it to Martin. Normal rules are that it would first be offered to the adjacent property owners, but Martin said neither has any interest in that.
When it comes to selling such land, Sinnamon said in a report to council “In terms of value, pursuant to the surplus lands policy, we do not obtain an appraisal for unopened road allowances, but rather the sale price is equal to the cost of survey legal fees, and disbursements and advertising costs.”
She added, “The long-term benefit of transferring these lands into private ownership far outweighs the benefit to the municipality and retaining the land in our own inventory (ie.- in terms of property assessment and taxation).”
Martin’s two house lots sit so one is located to the north of the other. The unopened portion of Sideroad 16 is 66 feet wide. One possibility is to create a lane on the west side, of 33 feet, which would run directly to the first house. Another lane 33 feet wide to the west of that would run past the first house and turn into the second house.
Then, both properties could claim 33 feet of frontage on Sideroad 16 where Foell’s driveway ends.
But that solution still creates problems. Several councillors have suggested it would be easiest to close that entire portion of the road. Yet it is doubtful Foell would be interested in losing his township road maintenance. Further, the township has been spending money on it. Plus, councillors have noted Foell would need to have an agreement in place to cover maintenance of what could become a driveway.
If the township decides to sell the portion beyond Foell’s driveway, the two lot owners would need a right of way agreement.
Mayor Bruce Whale pointed out closing the entire road means it becomes a private laneway.
Councillor Neil Driscoll said, “We talked about it last meeting. It would make it easier for everyone.”
Martin told council, “My proposal is to keep it as it is. It’s close to a shed area” and someone could legally erect a fence that could again cause legal difficulties with access.
He added he suspects Foell would not be pleased with a full gravel road through what is currently a field.
Martin said, “I’m willing to make it work so it makes sense for all parties … with minimal expense to you.”
Besides all those considerations, township plows have a tough time cleaning the current open portion of the road because there is little room to turn around in what is essentially a driveway.
Sinnamon told council it is a matter of deciding how to approach the issue, and then who would pay for what.
Whale said the township could not proceed with a bylaw or even a decision without a legal opinion, because “I’m not sure it would be held up in court.”
Sinnamon said in an interview last week there is little likelihood of further development along the current road behind Foell’s farm and Martin’s two lots because that is prime farmland and could not easily be severed.
In fact, the only reason council is considering the issue is because Martin’s lots had already been legally created years ago.
Sinnamon is unsure when council will be able to make a decision, but it will have to come after she collects and presents more information four council.
