HomeMy WebLinkAboutLakeshore Advance, 2012-08-08, Page 43Beach 0' Pines road issue deferred
akeshore Advance
Lambton Shores Council would like to see
loose ends tied up before they agree to
resolve the outstanding road issues in Beach
O'Pines. Lambton Shores, Beach O'Pines
and Huron Woods (LS, HW, BOP) are
attempting to resolve the outstanding road
issues related to the private road system,
Beach ()'Pines has been a gated commu-
nity for more than 80 years. 'this community
has paid for road maintenance, insurance
and utilities since the beginning. Two por-
tions of this road system are the issue at
hand; one being Huron Place, a road
deemed to be a public road in the 1980s as a
means to allow for development. The
designation was never withdrawn following
the construction of the homes. Beach
()'Pines Association continued to maintain
this road throughout the years.
The second section of Beach 0' Pines
Road that is a "public road" is at the very
end of that road adjacent to the Pinery
Provincial Park boundary. This portion of
road was owned by Ausable Estates Limited
and was sold to the Municipality in 2009.
Again this section of road was acquired
because of the owner's reluctance to sell it
to the Beach 0 Pines Homeowners Associa-
tion unless certain other issues were
resolved relating to the Huron Place section
of road, the granting of utility easements to
the Municipality etc.
The BOPA has agreed to those other
conditions and has agreed to reimburse the
Municipality for its costs (purchase and
legal) associated with its acquisition of this
property.
In order to correct this situation it recom-
mended that the "public road" designation
be removed from these two locations and
the road revert back to its "private road"
status. One of the issues they needed to
address in implementing this change was to
ensure that the access rights of residents of
the Huron Woods subdivision, Beach 0
Pines he protected. The lawyers for all three
parties (LS, E3OPA and the MCA) have all
reviewed and agree to the proposed
transfer,
Not so cut and dry
Councilor Doug Bonesteel said this has
been a controversial issue and now the two
communities want to work together. He said
The Municipality of Lambton Shores
LIVING IN LAMSTON SNORES... A weekly Upd.le on th• Munlcapal Ev•nts to your Community
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FOREST WORKS DEPOT RELOCATION - MUNICIPALITY OF LAMBTON SHORES
Municipal Class Environmental Assessment
NOTICE OF PROJECT COMMENCEMENT
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1M Vas Street. t orldon, ON 149A IM
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Peggy Van M4ito-West Director of ConwMy Services
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Lambton Shorn'
Voiunteels
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VOLUNTEER
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Community Groups
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Comaswdty
Engasawbent Expo
September 14"h
700pm -9OOpm
the Shores
Recreation Centre
7663 l4 *Nrc m Play . Forest
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he had no issues with the conveyance but
bus concerns with costs to the memberships
and costs to the taxpayers.
Deputy mayor Elizabeth Davis Dagg asked
what the value of these roads are to Lambton
Shores and also what were the legal and
survey costs during the negotiations.
CA() John Byrne said a nominal fee -one
or two dollars- was paid. "Nothing signifi-
cant", he said adding BOP will reimburse the
transfer costs. Ile said there is no change in
value since it was transferred. The costs
come to under $7,000. Davis Dagg asked if
this included the beach access. Byrne
explained the access was not part of this
negotiation. They were highlighted only as a
general reference on the map in the council
agenda package. l le explained the legal fees
during this time were for municipal pur-
poses for both communities. "The legal
advise was shared by all three," Byrne said
referring to HOP, HW and the municipality.
Ile said this was not part of any kind of
adversary litigation.
Councilor Lode Scott asked what the
value of the unopened road was. "'There is
no assessed value. It is built on sand with a
thin layer of asphalt," said Byrne adding its
being transferred back the same way. "It is a
piece of land- how much is it worth?" she
asked.
Mayor Bill Weber said there is no access
to this road. Scott feels they should he mak-
ing money on this transaction. Bonesteel
said they should defer this resolution until
the September so they can get all the "strings
tied up" 1le said this would give them the
opportunity to meet with the two groups.
woo
wisest* owe
Councilor Martin Underwood said value of
land can come in many ways and having
public access to the towpaths is invaluable.
Davis Dagg said there are obvious benefits
to Lambton Shores and to Beach 0 Pines.
She asked if BOP would be involved if
sewers come to zones 3 and 4. "I want to
know these answers," she said.
From Huron Woods Community
Association
President Lily Pinarello reported to coun-
cil stating at a special meeting held on
Friday, August 5, the Huron Woods Com-
munity Association board of directors
received unanimous direction from the
membership in attendance to support the
option of Blanket Authorization to register
on individual deeds, (the same pedestrian
rights of way as we have over other Beach 'O
Pine roads) over the proposed private Huron
Place, including the small section at the
Pinery Provincial Park boundary, referred to
in the Byrne's report, at no cost to the
individual nor the association. Furthermore,
we request an opportunity to present a
proposal to the Council members regarding
legal costs incurred in researching this
issue.
"Should Council move forward with the
conveyance, we would continue to facilitate
this process and look forward to working
with the Municipality to make sure every-
one in our community has been notified,"
she said.
Beach 0' Pines Association president
Peter Coleman declined comment regard-
ing this meeting.
VOA
°
Lynda Mohan -Raped* Lakeshore Advance
Meet and greet
ft was a meet and greet for Lambton County warden Steve Arnold (shown here centre with
Lambton Shores mayor 8111 Weber) at the Legacy Centre in Thedford earlier this month. For
others It was ani opportunity to check out the new Centre that opened in late July.