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trOntarioMinistry of Transportation Ministere des Transports

Central Region Region du Centre Engineering Office Bureau du genie Geomatics Section Section de la geomatique 3'" Floor, Bldg. D 3e etage, edifice 0 1201 Wilson Avenue 1201, avenue Wilson OownsviewI ON M3M 1 J8 Downsview ON M3M 1 J8 T01 (416) 235·3773 Tel.: (416) 235·3773 Fax (416) 235·4940 Telec.: (416) 235·4940

March 12, 2012

Ms. Sandra Krane City Clerk, City of Oshawa 50 Centre Street South Oshawa, Ontario L1H 3Z7

Dear Ms. Krane:

Re: Ontario Municipal Board Order King's Highway 407 East, Road Closing Hearing Plans: P-5054-0130, Pickering; P-5120-0229 and P-5120-0233, Whitby; and,

P-5119-0059,Oshawa OMB File No, MM110029

A Public Road Closing Hearing regarding the above-mentioned file took place on November 25, 2011 at the Region of Durham Headquarters, Hearing Room 1 B, 605 Rossland Road East, Whitby, ON, L1N 6A3.

Enclosed is a copy of the Ontario Municipal Board Order approving the road closings, dated December 7, 201 1, and a print of the corresponding Road Closing Plans.

In order to inform the public, the Ministry wil l be installing Road Closing Notice information signs on each travelled road which the Ministry was granted permission to close. A minimum of one -sign in each direction near the limits of the controlled access Highway 407 East will be installed.

A copy of the Board Order with plans attached was registered in the Whitby Land Registry Office for the Land Titles Divis ion of Durham on January 1 g, 2012 as number DR1 057290.

Yours truly,

Robert Fulton, O.L.S. Head, Geomatics Section

Page 1 of 2

Encl.

c.c. Gary Carroll, Director, Engineering Services John Henry, Mayor Evan Rodgers, Manager, Policy & Special Projects, Dept. of Development Services Anthony Ambra, Manager, Design Services Denny Boskovski , Manager, Infrastructure Services Tom Goodeve, Manager, Design Services

Page 2 of2

,... ISSUE DATE:

March 8, 2012 fij ~

Ontario

MM110029

Ontario Municipal Board Commission des affaires municipales de J'Ontario

IN THE MATTER OF subsection 37(2) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, as amended

Applicant: Ministry of Transportation Subject: Approval of road closings Description: Road closings of various roads that intersect or run into

King's Highway 407 Extension Municipality: City of Pickering, City of Oshawa, Town of Whitby

OMS Case No: MM1 10029 OMS File No: MM1 10029

APPEARANCES:

Parties Counsel

Ministry of Transportation Henry Weilenmann

T. Arnts Loam Supply Limited Michael McQuaid

City of Oshawa Kelly Gravelle

AMENDING DECISION DELIVERED BY R. ROSSI AND ORDER OF THE BOARD

In its Decision, issued December 7, 201 1 (the "Decision"), the Board incorrectly

referenced culverts instead of cu l-de-sacs. The Board amends its Decision so that

"culverts" on page 4, paragraph 2 and on page 7, paragraph 2 of the Decision reads

"cul-de-sacs". In all other respects, the Decision remains the same.

So Orders the Board .

"R. Rossi" _>;1'IOFTRANSPOAr.;

·;I,'\lRECEIVEDr~. '. MAR 1 3 2012 )

~ LEGAL SERVIGt:S ."./ ~.-/.

R. ROSSI MEMBER

, I ISSUE DATE:

December 07,2011 MM110029~ ~

Ontario Ontario Municipal Board

IN THE MATTER OF subsection 37(2) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P 50, as amended

Appl icant: Ministry of Transportation Subject: Approval of road closings Description: Road closings of various roads that intersect or run into

King's Highway 407 Extension Municipality: City of Pickering, City of Oshawa, Town of Whitby OMB Case No.: MM110029 OMB File No.: MM110029

APPEARANCES:

Parties Counsel

Ministry of Transportation Henry Weilenmann

T. Arnts Loam Supply Limited Michael McQuaid

City of Oshawa Kelly Gravelle

DECISION DELIVERED BY R. ROSSI AND ORDER OF THE BOARD

The Ministry of Transportation (the App licant) has applied to the Board under

subsection 37(2) of the Public Transportation and Highway Improvement Act, R.S,O.

1990, c. P.50, as amended, for approval of road closings of various roads that intersect

or run into the new right-of-way alignment of the King's Highway 407 ("Highway 407")

extension from Brock Road to Harmony Road, including a link (West Durham link) that

connects to the Highway 407 extension approximately 0.5 kilometres east of Lake

Ridge Road and extending southwards to Highway 401. Highway 407 is designated as

a controlled access highway and Phase 1 of this project will affect the following

municipalities in the Regional Municipality of Durham: the City of Pickering, the Town of

Ajax, the City of Oshawa and the Town of Whitby, extending over to the Municipality of

Clarington.

- 3 - MM110029

The Board directed Mr. Remollino to explain the nature and extent of three (3)

road closings based on the concerns of participants. First, Paddock Road, which runs

north and south and crosses a transportation corridor, is proposed to be closed on the

north and south sides of the new highway extension . Mr. Rernollino explained the

alternate routing options for residents and business owners on the north section of

Paddock Road, all of which have been extensively studied and selected through the

extensive consultative process in which it engaged the public and various municipalities.

The Ministry has sought to lessen the impact of the closing on the public by providing a

road crossing immediately west of Paddock Road on Sideroad 14 (one kilometre to the

west) and to the east at Westney Road (approximately one ki lometre) where the

Ministry has proposed a deferred interchange for which it has received approval to

construct. The Ministry has also maintained a tra il crossing under the new highway just'

east of Paddock Road (the Trans Canada Trai l). Mr. Remollino explained that these

alternate routes will minimize out-of-the-way travel and the Ministry has calculated that

the proposed rerouting of traffic either east or west will add approximately four to five

minutes of extra travel time to the affected portion of Paddock Road north of the

transportation corridor.

The expert witness added that the Town of Pickering has indicated to Ministry

staff that Paddock Road i,s preferred because of the anticipated development expected

for areas west of Paddock Road. As such, the Ministry took into account the future and

existing land use planning to arrive at this decision, noting as well that Paddock Road is

situated within Greenbelt Area lands. Ministry staff also met with emergency

management services who expressed no objections to this road closing and Mr.

Remollino was able to identify emergency services proximate to the area - a fire station

in Claremont serving the north portion and several other such services available from

the south.

Mr. Remollino next referenced the Halls Road closing along the proposed link

from Highway 401 to Highway 407. To mitigate the impacts along this corridor, the

Ministry proposes to realign Coronation Road, again taking into account the

municipality's plans for development in the area (the Town of Whitby). Halls Road will

be closed just north of Taunton Road, which will have a new interchange with Highway

407. Like Paddock Road, the Ministry has calculated that the proposed rerouting of

traffic will add approximately four to f ive minutes of extra travel time to the affected

- 5- MM110029

A number of interested participants expressed concerns with the proposed road

closings as they will affect their individual properties. For example, Gary Yaghdj ian, who

lives at 3800 Paddock Road , operates a well-known horse training centre that will be

affected by the road closing. Despite his statement that some 95 percent of his clients

currently arrive at his training centre from the south having traveled up Paddock Road,

and that these people will now have to travel farther north in order to get to his site, the

Board does not consider the extra four to five minutes of travel time to be excessive.

He cited traffic congestion problems on nearby Highway 7 but Mr. Remollino told the

Board that this section of Highway 7 is scheduled to be widened from two to four lanes

to accommodate the long-term traffic flow capacity requ irements.

Mr. Remollino also advised Greg Reeve of 3820 Paddock Road that Sideline

Road No. 14, although a lower arterial gravel road, would likely be improved and paved.

He confirmed that the Ministry will pay for the paving of that portion of this alternate

Paddock Road route located within its area of responsibil ity.

Lastly, Velis Sanderson, formerly of 404 Lake Ridge Road South, expressed his

general dissatisfaction with the deal he made with the Municipality to vacate his lands

and to close his vegetable garden operation. He noted that his former neighbours to the

north and south of his lands still occupy their properties. Mr. Remollino told the Board

that the Ministry had to take some lands sooner than later in order. to conduct field

investigations that must be done in order to clear the property in advance of

construction. He added that some extensions of leases have been negotiated or closing

date for properties adjusted on a case by case basis.

As for the Halls Road closing, Mr. McQuaid, Counsel for T. Arnts Loam Supply

Limited , expressed his client's desire to have the Lake Ridge Road allowance

constructed and completed before Halls Road is closed off and before any agreement is

in place that would compel the Ministry to undertake this step. Mr. McQuaid requested

that the Board draw upon its authority to impose conditions in this regard and he

requested that the Ministry provide a letter to his client that states in writing its

commitment to build the Lake Ridge Road connection.

The Ministry intends to take some 21 acres from the lower portion of th is

company's land and leave it with 29 remaining acres on which it will conduct its

- 7 - MM110029

closing of some roads will lead to inconveniences but the Board accepts Mr.

Remollino's comprehensive planning and Mr. Weilenmann's submission that these will

be minimal. Equally, the Board determines there is much that affected businesses can

do well before the anticipated construction start day of mid to late 2012 to prepare

themselves and their clients for the alternate routes to their locations.

Good and substantive discussions were achieved through this hearing, first by

the Ministry's ability to assuage City of Oshawa concerns by committing to build culverts

in that Municipality in accordance with municipal standards and second by presenting

the Board with evidence of the advanced planning that has gone into securing a Lake

Ridge Road allowance onto the T. Amts Loam Supply Limited site. Mr. Remoll ino also

presented to the Board the Ministry's in itial drawings (Exhibit 10, Combined Entrance

Profile) for that road allowance. Mr. Weilenmann indicated that the Ministry will extend

the good will between it and T. Amts Loam Supply Limited by co nsulting with Ministry

staff post haste on the modalities of constructing the alternate road allowance three to

six months before Halls Road is closed and undertaking to provide this commitment to

Mr. Arnts by way of a letter. The Board accepts as persuasive the Ministry's sincerity in

this regard.

While Mr. McQuaid requested that the Board withhold its Order until the Ministry

furnishes the letter as explained above, the Board is unwilling to impose such an

obligation on the Ministry given that the witness, Ministry officia l Dan Remollino has

undertaken to have this matter resolved to the satisfaction of T. Arnts Loam Supply

Limited as detailed above. Further, Mr. Weilenmann conceded in his submissions that

the Ministry wou ld be faced with a "sign ificant business loss claim" if it did not resolve

the matter and he reiterated his optimism in respect of the goodwill between the two

Parties. The subject plan in respect of this latter matter relates to Halls Road and is

identified as Number 3 on Plan P-5120-0223 as contained in Exhibit 5.

Having considered the evidence, the Board dismisses the appeals and approves

all of the Ministry's road closing plans as conta ined in Exhibit 5, on file with the Board.