Facing the loss of a good chunk of their front yards, several Breslau residents aren’t happy at the prospect … or with the township. Woolwich, however, is pressing ahead with a plan that could redraw lot lines on Dolman Street, which is slated to be reconstructed this summer.
Woolwich’s application for a hearing under the province’s Boundaries Act aims to reconcile discrepancies discovered by a surveyor during preparations for the roadwork. The problem dates back to 1961, when a pair of surveys apparently moved the limits of Dolman Street south of previous demarcations, shifting lot lines accordingly. Restoring the pre-1961 boundaries would shift the road to the north and cut across existing properties on that side of the street in the old part of the village.
“We’ve all been absolutely shocked by this claim,” said Dolman Street resident David Prescott, who addressed Woolwich council Tuesday night. He had hoped to slow the process, only to discover the township had already decided to set the wheels in motion.
The review affects six residential lots, some of which stand to lose five metres – including township right of way – from their properties, he said, drawing on where stakes have been placed for a new sidewalk proposed as part of the reconstruction job.
For one neighbour, said Prescott, that will mean almost half of her front yard, while about a third of his own property, purchased last year.
Graham Carslake, co-owner of the retail plaza on Dolman Street, said the proposed lot-line shifts could shave at least two metres off his property, which would have an impact on parking spaces and the area used for piling snow from the parking lot.
“Why is there a need after 50 years to change the boundaries?” he asked. “We are very much against the proposal.”
But there’s no turning back at this point, argued Dan Kennaley, the township’s director of engineering and planning, as the genie is out of the bottle.
“This puts a cloud on everybody’s title,” he said of the most recent survey information.
“This is something that ultimately benefits everyone,” he added of establishing definitive boundaries, noting the process through the Ministry of Consumer and Business Services is the cheapest way to go about getting a resolution.
“This is an unusual legal boundary discrepancy that requires resolution. Staff have received legal advice and recommend that an application be made under the Boundaries Act in order to establish the true limits of the Dolman Street road allowance. An application under the Act involves a public process, is usually inexpensive and will provide a binding decision as to the true location of the boundaries under dispute,” he said in a report dealing with the issue.
Quick action is essential, he added, given that work is set to begin next month.
The property owners present seemed unmoved, however.
“I’m not convinced there is a cloud. If there is, it’s a 50-year-old cloud,” said Carslake, who expressed concerns about the impact on his property’s value.
As with almost every project involving the installation of new sidewalks in existing neighbourhoods, this one has proved contentions. More so, perhaps, because the shifting property lines would see the sidewalks on what is today people’s lawns.
Looking at the impact, Coun. Larry Shantz suggested the township look at whether a sidewalk is needed on the north side of Dolman Street.
Kennaley noted it’s township policy to have sidewalks on both sides, with upgrades made when older roads are reconstructed.
Prescott, however, challenged the need for bearing the expense of a long sidewalk no one will use. He said few people make use of the existing sidewalk on the south side of the road.
“There is no pedestrian traffic, so I don’t think this sidewalk is needed, he argued. “I don’t think the sidewalk could be justified.”
With work set to begin on the reconstruction project, the engineering is based on the new lines drawn by the township’s survey, though the hearing process hasn’t got underway yet. Thus the urgency, said Kennaley.
Asked in a later interview if the township could go through the adjudication process then simply move to re-establish the existing lines to avoid any hardship to residents, he said that is an option, adding he would seek legal advice on that course.
