Councillors here have overturned a March 13 decision and will now allow the sale of an unopened road allowance to a family in Rothsay.
Council made the decision with little comment after a report from chief administrative officer Patty Sinnamon on April 24 that demonstrated the sale would not take away any rights of an abutting landowner.
The issue goes back to a township error several years ago, when Ryan and Nicole Martin received permission to erect an accessory shed at lots 86, 87, 112 and 113 on Concession 14, off County Road 7 in the hamlet. They received the building permit and erected the shed.
Council later learned the new building encroached well onto an unopened road allowance owned by Mapleton Township. At the time, it was not evident by just looking at the property.
The road allowance is known as Nelson Street. It runs from County Road 7 to another unopened road allowance to the north called Head Street.
Nelson Street is to the east of the Martin holdings. It is 264 feet deep and 66 feet wide.
Council was in the process of selling that road allowance to the Martins in March when it suddenly heard from a nearby landowner. Robert MacDonald came to council as a delegation to oppose the township’s closing and selling the land to a single landowner.
The landowner adjacent to the Martins had no objection to them buying the entire parcel. Normally, council would offer half of the road allowance to each abutting landowner. But the shed was built so far onto the allowance that it would be impractical to divide the land – and it would also cause legal sideyard issues.
Councillors believed closing the road and selling the land to the Martins would resolve the issue of the error.
But MacDonald offered council another perspective.
He said he contacted the township “back when they started digging a hole on the township road. I told them what was going on. I talked to the building inspector.”
He heard from a now-retired building inspector the shed was not on the road allowance, and MacDonald said he took that as fact.
Years later he talked to a real estate agent about the 2.8 acre property he owns to the north of the Martins, near Head Street, another unopened road.
MacDonald said the farmer from whom he bought the land had always used the Nelson Street road allowance with his tractor to reach his property. With the shed there and the land being sold, that would no longer be an access to his land.
Council pointed out Head Street could be used if MacDonald wants to develop his land, but he said the cost of using Head Street, which is 1,000 feet away from his property, is more expensive than using Nelson Street, which is about 260 feet away.
MacDonald asked that council not close and sell Nelson Street. He said a real estate agent told him he would not be able to sell his property for development if Nelson Street is formally closed and sold.
Council eventually defeated the bylaw to close and sell in a 2-1 vote.
Mayor Bruce Whale later asked that the issue return to council because of some new information.
Council dealt with that on April 24. Sinnamon pointed out that MacDonald’s property is landlocked and does not have frontage for development, and it had been in that situation prior to his buying the land.
“By conveying the lands to the Martins, the township is not adversely affecting the potential for future development of the MacDonald lands,” Sinnamon said in her report.
She added, “Further, Mr. MacDonald has other options for access to the vacant lot. Firstly by way of Head Street and secondly by way of Wellington Street [both unopened road allowances].”
Sinnamon said, “You will recall that Mr. MacDonald was concerned that access via Head Street would be a longer stretch and therefore more costly to develop. The latter street [Wellington] is the same distance as Nelson Street.”
Sinnamon said she does not believe it is appropriate for council to deny the Martins’ application because the cost to develop some other land in the future might be affected.
She recommended council close Nelson Street and sell the land to the Martins.
Council agreed unanimously with no further discussion.
