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KHRASS Newsletter 03.07- 002           July  08, 2003 No. 1

Topics:

* Exclusions from the KHSS along the north Gold to Anstruther Lake Road,
* Exclusions from the KHSS along the south Anstruther to Gold Lake Road, and
* Requests for exclusions from the KHSS along the roads between Gold and Anstruther Lakes.

Map #1 - LSCís Recommendations, August 2001 [1, p. 6,7; 2. p. 46]

 

Map #2 - LSCís Recommendations, November 2001 [2, p. 47]

 

Note:

This newsletter is a reply to a request for information from KHRASS members on the northwest shore of Anstruther Lake.  It should be of interest to anyone concerned about boundary adjustments, and why they have been recommended, or not, by the LSC.  In addition to property owners on Gold and Anstruther Lakes, property owners on northeast Catchacoma, Pencil Lake, Looncall and Wolf Lakes should all be especially interested in this information.
 

Map #1:

The areas shown in yellow on this map are exclusions that were recommended by the LSC for the benefit of some property owners by August 2001 [1, p. 6, 7; 2, p. 46].  Other exclusions were requested, as far back as March 1998, by property owners who were / are negatively affected by the currently proposed boundary for the KHSS PP.
 

Map #2:

The areas shown in yellow on this map are exclusions that were recommended by the LSC for the benefit of some property owners by November 2001 [2, p. 40, 47].
 

Analysis:

There are six road segments to consider:

A - The Beaver Lake Road from the second bridge to the west end of Beaver Lake on the north side.

B - The extension of the Beaver Lake Road along north  McGinniss extended to Bottle Creek.

C - The Mississagua - Gold Lakes Road to the southwest corner of Gold Lake.

D - The roads from just past the second bridge that provide access to northeast Gold Lake.

E - The road that branches from D to the north side of Anstruther Lake.

F - The road that passes along the south shore of Anstruther Lake and extends to southeast Gold Lake.
 

Points to consider:

All six road segments were initially built and paid for by cottagers to access their properties as has been permitted for decades on the General Use Crown land that surrounded these properties prior to Lands for Life and Ontarioís Living Legacy initiatives.

Road segment A has been assumed by Galway-Cavendish and Harvey (G-C&H) and it will remain under the control of G-C&H. [3, Section 3.(4)2]. Road usage by adjacent property owners should not be affected  by the Park Designation.

None of roads B through F have been assumed by G-C&H or North Kawartha (NK) and their maintenance is the responsibility of adjacent property owners.  (See "Status of existing roads" in the non-italicized text in Section 10 of the Charter.)

Since roads B, C and D are on General Use Crown lands excluded from the Park, their usage by adjacent property owners should not be changed by the park designation.  These roads will continue to be maintained by the adjacent property owners.  They should not fall under the control of the Park Superintendent or be subject to regulation as part of the park.  Extensions of these roads and laneways that are within the excluded General Use lands, to service additional properties, should be permitted. [1, p. 40, paragraphs 7, 8 and 9]

The situation is very different for roads E and F.  These roads will be regulated as part of the park and, unless relatively small boundary adjustments are obtained to exclude them from the park, adjacent property owners may be affected enormously.  For example, property owners will be required to obtain vehicle passes / permits to access their private properties on roads that they have built and paid for and will continue to maintain.  They will also have to obtain passes / and permits for guests they wish to bring to their private properties.  The number of free permits to be issued to guests may be restricted by the Park Superintendent.  See the KHSS Charter [3, Sections 10, 13].

Extensions and / or laneways from E and F to service additional property owners who have been counting on such extensions will not be permitted, unless the MNR made a commitment to the extension / laneway prior to March 29, 1999. [3, Section 10. (1)]

The attached letter addressed to George Drum, with comments by Peter Chown of Long Lake, indicate what it currently means for a private property owner to be regulated in Algonquin Park.  However, it should be noted that George Drum bought property in a Provincial Park - the property owners along roads E and F did not buy properties in a Provincial Park.

NB:  For exclusions A through D the boundaries are formed by the side of the road right-of ways remote from the lakes to property lot lines or the shores of the lakes, whichever is encountered first.

There is hope:

As negotiated by Chris Hodgson, the two non-italicized paragraphs in Section 3 of the Charter provide for boundary adjustments.  Section 17 provides for preservation of access rights that existed prior to March 29, 1999.  We should be grateful for these two provisions.

TO BE CONTINUED IN NEXT NEWSLETTER

Disclaimer:

The information contained in these Newsletters is intended to be useful pointers to significant source documents.  No one should rely on it without checking the referred to source documents and other sources of information for themselves.

References:

[1] LSC; Draft Recommendations report; August 2001.

[2] LSC; KHSS Recommendations Report; November 2001.

[3] Kawartha Highlands Signature Site Charter; June 2003.

Accompanying Attachments:

George Drum letter with preface by Peter Chown.