Lakeshore Advance, 2012-06-13, Page 19Wednesday, June 29, 2011 • Lakeshore Advance 3
Beach 0' Pines and Lambton Shores try to resolve road issue
'' nda Hillman-Rapley
xeshore Advance
The resolution for the out-
standing road allowance issues
related to Beach O'Pines(
"BOP") private road system
came to council last Monday,
in a document that was tabled.
The recommendation in the
report received by council last
week as a suplumnetal agenda
item, details the resolution of
outstanding road ownership
issues related to the Beach
O'Pines private road system.
The recommendation was for
the report to be accepted as
presented and the staff be
directed to initiate the required
process to transfer these sec-
tions of roads to Beach O'Pines
Homeowners Association in
accordance with the dispose of
Municipal lands as outlined in
Policy #43.
The report also recom-
mended that Huron Woods
Homeowners Association be
requested to advise the munic-
ipality on the preferred method
of ensuring Huron Woods
easement rights forpedestrian
access to the beach are pro-
tected. Over the past several
years, discussions have been
ongoing between the Munici-
pality of Lambton Shores, the
Huron Woods homeowners
Association and the Beach 0
Pines Homeowners Associa-
tion in an effort to resolve long-
standing access and easement
rights issues. Significant
progress has been made in this
regard, including upgrades to
emergency accesses, upgrades
to an access to the ()Id Ausable
River tow path, improved
access and a general thawing
of tensions etc.
In 1982 a section of road
referred to as l luron Place was
deemed to be a public road as
a means to allow development
of lakefront cottages in Beach
O'Pines. The only way build-
ing couldbe done for those
lakefront cottages was if that
section of the road where the
new cottages were being built
was considered municipal
road. The Municipality never
assumed ownership of that
road since 1982 and the
assignee of that roadhas always
been BOP.
The Planninglegislation of
the day (which has changed
now) required that abuilding
permit could only be issued if
the building fronted on apublic
road. Unfortunately this sec-
tion of the BOP road has never
been designated back to BOP
and this report recommends
that this now be done.
The second section of Beach
0' Pines Road that is a "public
road" is at the very end of that
road adjacent to the finery
Provincial Park b otaultty,'this
portion of road was owned by
Ausable Estates limited and
was sold to the Municipality in
2(109. Again this section of road
was acquir'dby the municipal-
ity because of the owner's
reluctance to sell 1110 the Beach
O Pint's 1 Ionieownets Asax'ia .
tion tulles, c'e'rtain other issues
were resolved relating to the
I luron Place section of road,
the granting of utility ease-
ments to the Municipality etc.
'lhe BOPA has agreed toutil-
ity easements over their roads
as part of those other condi-
tions and has agreed to reim-
burse the Municipalltyfor its
costs (purchase and legal)
associated with its acquisition
of this property.
In order to (' ortrl't this situa-
tion it recommended that the
"public road" designation he
removed from these two loca-
tions and the road revert back
to its "private road" status. One
of the issues the Municipality
needed to address in imple-
menting this change was to
ensure that the access rights of
residents of the 1 luron Woods
subdivision he protected, The
lawyers for all three parties (IN,
BOPA and the I IWI IA) have all
reviewed and agreed to the
pr)Tx)setl woriiing with tesPect
to the enshrining of !Winn
Woods easement rights. 11110111
Woods 110111e0wnerS Associa
tion has been requested to
advise the municipality on the
preferred method of ensuring
1 luron Woods easement rights
for pedestrian access to the
beach are protected Iegistla
tion on individual deeds or Irg
istration held with Ilse "mid
polity or with 1 11Vl IA.
The l luron Woods people
have deeds for plans 686, 611'.',
708 .7 1 1, and 780 tonal give
pedestrian access to the beach
lying along the shote of Lake
Iluron, Within these deeds
they are permitted to the dedi
tatted walkways and streets laid
out 1n blocks 108 and 11)9
(Block 110, the fire road is
owned by the Municipality).
Public documents
At last week's regular meet
ing, Councilor Doug Bonesteel
said at a I luron Woods unman
general meeting Friday 126
people heard information sur-
rounding a resolution forthe
road issue. As of last Monday's
meeting the intunnation had not dissemi-
nated to the 1011 people. Mayor 13111
'Veber felt this neetkai to become me a publit*.
doc tnnenl and that is why the recommen-
dation as outlined above was brought to
ctnuu'il last Monday night, Ilonestetl, who
represents both l lurun Woods and Beach
( )'demes said he was concerned t'nne'ci this report
sends out a different message than was
heard at the FridaylIWI IA meeting, Ile
said as word councilor he should have
been advised 01111e document coming to
council and that no courtesy or respect
was given to Kinn.
In order to implement this transfer,
('Dunned would have to publish the neces-
sary public notice and present the appro-
priate by -Taw for
Council appt'tval, in accordance with
the Municipal Disposal of land Policy
043.
Looking ng bat*
In 1929, summer resort developer
Frank Salter and friends found themselves
in Grand fiend taking shelter from a
storm. Salter was well known in Detroit,
Michigan as a lake resort and mutiny club
developer.1 le and his friends explored the
countryside around Grand Bend and he
recognized this spot 415 one where he
could set up an all- inclusive luxury
resort.
Salter named the 5 000 acre parcel of
land that he purchased from the Canada
Company "Beach (1' Pines." 11e envi-
sioned a resort that would include six
miles of beach, 10 miles of stream and
rivet; 40 miles of naturtl walks and brittle
paths, long avenues, flat and rolling land,
high knolls and quiet dells. The resort
would be suitable for golf, riding, hunting,
fishing, swimming, motor boating and
surf riding. Drank Salter's grand vision
never materialized as the Great Depres-
sion stopped the plans. Salter later sold to
the Book family- and the privacy that sur-
rounded BOP since the very early 1930s
and continues today -has seen the trials
and tribulations of as bated community.
'1helleach 0' Pines Protective Associa-
tion was formed by 1935. It was developed
from it's inception on being private and
self-sufficient. 'lheproperty owners have
paved and maintained roads, provided
security and insurance andundertaken
substantial general improvement to the
property at their own cost.
GOETTLER'S ANNUAL
HALF PRICE* SALE
'BUY 1, GET THE 2ND) Al l /2 1'RICI !
3 DAYS Of SAVINGS!
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