By Local Journalism Initiative Reporter Tyler Waugh
Petty Harbour-Maddox Cove council has rescinded approval on three different housing applications and asked staff to take action regarding future development on Motion Bay Road Extension.
Chief administrative officer Mandy Dinn noted council had been deliberating for several months about how to move forward with the applications, which received approval in principle earlier this year.
Legal advice called into question the nature of Motion Bay Road Extension as a municipal road and, because of that, council was advised it had erred in issuing the approvals.
“It is (the lawyer’s) recommendation, from what we’ve done … we really shouldn’t have done it,” said Mayor Ed Dyke.
Deputy Mayor Irene Stack, in reading the motion to rescind the approvals, described Motion Bay Road Extension as a narrow gravel thoroughfare that doesn’t provide for two-way traffic, adding it was not built by the Town for the purpose of being used as a municipal street and was never maintained by the Town as a municipal street.
Since council doesn’t regard it as a municipal street, the gravel portion has not been brought up to a reasonable accepted standard, and the Town does not intend to spend the money to bring it up to that standard, the approvals in principle for the three properties were provided in error and in contravention of the development regulations.
“I’d like the Town to get us to a point where that is an applicable road within the community and that it can have development and everything done like any other road in the community, but I don’t think it would be responsible to ignore professional guidance the Town has received,” said Deputy Mayor Stack. “This has been one of the harder decisions that I’ve had to debate on council. I’ve even tried to write a couple things that I tried to spiel out for this evening and it just didn’t work because it’s been a very hard back and forth because what I personally want to see happen in the town and what is responsible for the Town to just go ahead and do is not always going to coincide with one another.”
Several of the conditions attached to the approvals in principle required signed legal agreements related to the road’s width, condition and standard, as well as an acknowledgement of no Town commitment to any future upgrades and limitations on maintenance and snow removal, among other caveats.
The financial ramifications of any municipal responsibility for Motion Bay Road Extension upgrades, maintenance and replacement costs, among other things, were all unknown, said councillor Kayla Parsons in a pre-written statement she read at council.
“These are not minor details, these are details that need to be understood before council can make a decision that could create long-term obligations,” Parsons said. “At the same time, we must recognize the position of the property owners. They have invested time and effort into this process, and they have been awaiting direction from council. Their desire to develop their property is understandable and council should continue to look for a reasonable and fair solution. The goal should not be to prevent development, the goal should be to determine how development can occur in a way that was reasonable, transparent and sustainable.”
Council decided by a 4-3 vote to rescind the approvals in principle – originally granted at the April 6 public meeting – for numbers 30, 41-45 and 51-59 Motion Bay Road Extension. Mayor Dyke, Deputy Mayor Stack and councillors Nancy Bungay and Richard Raymond voted in favour of rescinding the approvals, while councillors Parsons, Sam Stack and Todd Chafe voted against.
It’s the latest chapter written between the municipality and Motion Bay Road Extension landowners in a process that dates back to 2018 when council amended the Petty Harbour-Maddox Cove Town Plan and Development Regulations, removing restrictions for development on Motion Bay Road Extension.
Deputy Mayor Stack called that change the first step in allowing council to consider housing development – and landowners have since already cleared lots on Motion Bay Road Extension in anticipation of building homes – but she said council at the time missed other steps to ensure the area was development ready.
“We need to make sure that it’s done properly so that property owners can build without worry, they can choose what they want to do with their property and actually be accessible within our town,” said Stack, who apologized to the property owners and later made a series of motions to start the process of addressing next steps.
“What we are attempting to do now should have been done in 2018 and 2019 when that amendment was done, in my opinion,” she said. “The amendment should have been done, then they should have taken steps to determine what does it need to be a road.”
Stack made a motion to direct staff to conduct title searches in the area, particularly where the gravel road intersects Cribbies Lane, to confirm whether there are any private ownership conflicts or if the Town has full title.
“That’s just one legal aspect we’ve got to put out of the way first before we can proceed anymore,” said Mayor Dyke.
That motion passed unanimously.
Stack then made a motion to seek quotes for an engineering assessment of what’s needed to turn the gravel portion of Motion Bay Road Extension into a one-way street.
That motion also passed unanimously.
Stack next moved that the Town develop a road standards policy, something Dyke said was rescinded as part of the changes made to plans and regulations in 2018.
That motion too passed unanimously.