Tim Martin can now begin building a two-lot development to the northeast of Glen Allan.
Council changed its mind on April 24 and voted 3-2 to sell a rural road allowance that would enable Martin to build two homes over several lots from a plan of subdivision that goes back decades.
He will have to merge several of those lots in order to provide enough land for water and septic systems.
Council has, in effect, declared a portion of Sideroad 16 surplus to the needs of the municipality and will sell it to Martin. Sideroad 16 runs north off County Road 45 on the west side of Glen Allan (just east of County Road 11) and it looks like a farmer’s lane. That is, in fact, what it has been for years – even though the township maintains it as a municipally-owned road.
The old plan of subdivision to the north is near the Conestogo River. The sideroad acts as a lane for Carl Foell’s farm and turns abruptly to the west into a farmhouse. Martin’s proposed two lots are hundreds of yards north of that. The land is Part of Lot 4, Concession 4.
Mapleton Township maintains the part of Sideroad 16 leading to the farmhouse. The rest, towards the subdivision, is a field that will be sold.
Martin’s other difficulty is those lots do not have any road frontage – a firm rule in the township for obtaining a permit to build a house.
Council voted 2-1 in March to refuse Martin’s request to buy the extension of the road allowance, but Mayor Bruce Whale asked that it be brought back to council for further consideration.
Chief administrative officer Patty Sinnamon said in her report if council decides to close the open portion of Sideroad 16 that Foell uses for access, the bylaw would likely be challenged successfully in court.
She wrote, “To do nothing and not transfer the unopened portion to Mr. Martin is a lose-lose situation for the township. Mr. Martin has obtained the necessary approvals from the [Grand River Conservation Authority] to construct two residential dwellings on the cluster of lots. This would be an opportunity for increased residential assessment in the township.”
Plus, she wrote, “The lots are existing and therefore do not require zoning amendments. Further, there is no additional cost to the township in maintaining the road since it is not being extended and opened.” That means the township would continue to plow the road to the entrance of the Foell home, and then turn around. Martin and the residential owners would be responsible for maintaining the lane to their properties.
Sinnamon added, “Any concern about the safety of snow plowing or maintenance on the opened portion are an entirely separate matter. While it is agreed that the road is narrow, the township does have the alternative to make maintenance operations safer, including expropriation of land to widen the road.”
She also said the contractor who has maintained the Foell entrance of Sideroad 16 has for several years “completed a three point turn in the Foell’s entrance to the drive shed. The Foells have no objection to this whatsoever. This by far is the cheapest solution for the township and one that already exists.”
Sinnamon added she has spoken to Bill Foell several times and he has no objection to the sale of the sideroad extension to Martin.
Councillor Jim Curry said there is an issue with the snowplow driver entering onto private property.
Public works director Larry Lynch said that is not the case “if he backs out.”
But Curry said that brings up safety issues. Whale pointed out part of the agreement the township requires is there will be enhancement of the turnaround area for the driver.
Sinnamon added the township owns the land, so that does not even need to be included in the agreement. She added the Foells have always said they have no problem with the truck turning around in their driveway. Curry called it “a gentlemen’s agreement.”
Whale broke a tied vote and declared the motion carried, thus enabling Martin to build the two homes.
