Ownership of part of road allowance might stop Bathurst re-opening
By Bill Rea

Who owns the road allowance on the west side of Bathurst Street, north of Green Lane?

If King township owns it, that could spell the end of a proposal to re-open the stretch.

Mayor Margaret Black said it's possible to Township owns the land, and lawyer James Harbell, representing local residents Paddy Ann and Latham Burns, asserted to councillors Monday night that the Township does indeed own the lands.

The stretch of Bathurst from just north of Green Lane to just south of Yonge Street has been closed since 1995. Township staff reported that prior to that, it was just open during the summer. Despite that, staff stated York Region Traffic Master Plan from 2002 has indicated reopening the link is needed to accommodate anticipated growth in the area.

A municipal class environmental assessment (EA) is being conducted on Bathurst, from Green Lane to Yonge to confirm the need for transportation improvements and to identify the most appropriate way to address the need. Addressing current traffic issues, the Region reported in May that commuters pass through the area, either heading to specific destinations or for major highways, like the 400 or 404. Yonge is the only operating north-south Regional road in the area, considering that Dufferin Street has low speed limits through Ansnorveldt. These commuter numbers are likely to increase from growth in ares to the north

Bradford, Innisfil and Barrie), probably adding to congestion on Yonge.

Using a power-point presentation, Harbell argued the study area of the EA is too narrow, being bordered by Yonge on the east and Dufferin Street on the west.

"That's where they got it wrong," he declared, stating it should have considered the broader area between Highways 400 and 404.

He added opening up Bathurst will just take traffic away from the congested intersection of Yonge and Green Lane, and move it north to Yonge and Bathurst, which he said would make things worse.

He added the heavy traffic is being generated from East Gwillimbury and Newmarket, which is where the growth is taking place. He argued those two municipalities should be the ones to deal with it.

He also stated a lot of necessary information is not being provided by the Region, and he called upon the Township to call for details regarding any previous environmental assessment work concerning Bathurst; current traffic counts in the broader study area he was suggesting; ecological data that had been collected as part of the current EA; specifics of the proposal, including the number of lanes, grades, costs, etc.; the evaluation criteria being used (he said they haven't told about the basis for their decision); and alternative proposals.

But he pointed out if King owns the land on the west side of the road, the Region has no business conducting the EA.

"That may end this," Black agreed.

She added she saw no problem with asking the Region for the points of information Harbell had mentioned, but she was concerned about expanding the study area to the west. Harbell countered there wouldn't be many northsouth road possibilities west of Dufferin, but Black was concerned something like that could pit King residents against each other. She added a western expansion would take in part of the Town of Bradford - West Gwillimbury.

Black said she wanted staff to report on who owns the land on the west side of the road, and on the implications of expanding the study area to the west.

There were fewer problems expressed with expanding the study area to the east to Highway 404.

Township CAO Scott Somerville was a little concerned that the Township might own the road allowance, but had possibly relinquished rights of it over to the Region some years ago. That was something else he said should be checked.

Black didn't think that had happened. "I'm sure I'd remember it," she remarked, and Councillor Linda Pabst was just as positive that no such arrangement had been made.

Somerville said they would try to have a report for the next council meeting.