A twisted lane

Ray Patterson persuaded council to take over the care and maintenance of Weller’s Lane.

Weller’s Lane resident wants the County to take ownership of his road. The County doesn’t want it

Prince Edward County council may be about to make a decision that will affect the County’s already burdensome road responsibilities.

In the 1970s, before Prince Edward County was a single municipality, a developer in Ameliasburgh arranged with the township council to create a seasonal subdivision near Weller’s Bay. Once completed, the township would take over the road.

By the 90s, the township had assumed the land under the road, but the subdivision was never built. And while there is now a road— Wellers Lane—it was never assumed by the municipality.

In 2012, Ray Patterson and his wife bought a four-acre property on Weller’s Lane, where six cottages were once slated to be built. Five houses on much smaller lots already existed at the end of the lane.

The Pattersons were unaware of the complication. The County owned the land under the short, gravel road, so it seemed logical the County would be responsible for its maintenance.

Not so, they learned. The County’s policy is not to take over unpaved roads. Until the road was paved to the standard double tar and chip—a $200,000 price tag—they were out of luck. Once the developer’s responsibility, with the land bought and sold, the price had shifted to the residents. The frontage of Patterson’s large lot covers more than half the lane, meaning the bulk of the cost would fall on him.

The lane could remain private, but municipal services like garbage pick-up and snow plowing would be off limits. The County did offer Patterson to include the lane on its snow plow route for a cost of $2,500 per trip.

In 2014, frustrated with the response from public works, Patterson made his case to council. He argued that because the policy that prevented the County from taking over the road was developed in 2003, long after Ameliasburgh had agreed to take it over, the rule shouldn’t apply.

The case was sent to staff for a report. It would be another year before it was addressed.

Last week, Patterson once again came before a committee of council to argue his case for the County to take over the road. He came armed with more information. He pointed to 62 gravel roads in the County that are currently plowed. He argued that left unplowed, there would be no access to the road in an emergency.

Patterson argued that he had contributed financially to the community both through fees and as a taxpayer, and was entitled to maintained roads.

Public works head Robert McAuley was unsympathetic.

McAuley said the gravel roads the County plows were part of the County for up to 200 years, long before the current policy came into play. He said if there was money for it, those roads would get paved, and it would be unwise to take on a new gravel road. Wellers Lane itself had never been assumed, legally a separate entity from the land it’s built on.

McAuley also said it was the responsibility of the residents to maintain a clear road for emergency vehicles, and since the County had no obligation to assume the road, the onus remained on residents to keep the lane clear.

The taxes Patterson had paid were assessed based on the fact that he lived on an unassumed road, and that was reflected in the price of his home.

McAuley warned council that assuming a road as a gravel road would set a precedent and lower the County’s standards.

“The agreements have, for many, many years, even 40 years, said the last person standing is the one that pays,” McAuley explained. “Council has to decide whether it will stick to its policy directions… if council’s going to deviate from that practice, we’re going to have to put different policies in its place and try to prepare ourselves for a different standard of road.”

Athol councillor Jamie Forrester warned that there would be a swift reaction to the motion, as landowners on unmaintained gravel roads in his ward would be very interested to learn about this precedent.

It took nearly an hour of discussion, but council eventually came to a compromise, proposing that the residents construct a turnaround at the end of Wellers Lane, and then the road would be assumed by the County. That decision will be ratified at an upcoming council meeting.