Is a popular public path by the Arm in Jollimore about to be closed off?
A Hearing was held on Monday Nov 24th, 2024
Update Nov 26, 2024:
– View Letter from Patricia Manuel to Councillors Nov 25, 2024, 6 pages.
– At the meeting on Nov 25, 2024, the matter was deferred for a supplemental staff report.
View Video of meeting At approx 55:00 Councillor Patty Cuttell talks about protection of the tow path and makes a motion to defer… At 59:00 ff Sean Cleary talks about legal aspects related to the Tow Path, questions why motion is nec. Silicitor comments at 1:03 on why it needs to go to Regional Council… Minutes when available, will be posted on the Halifax and West Community Council page)
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ORIGINAL POST
It appears that a 15 unit high-end housing development is about to close off a popular public path by the Arm in Jollimore.
A hearing on the matter is scheduled for Monday Nov 25, 2024 at 6 pm
Related Document #1
Notice of public hearing.
Click on image for larger version
– PLANAPP 2023-00802 (Former Case 24505) – 10 Kirk Road, Halifax
Document HRM website, Updated: September 13, 2024
From that document:
The public hearing will be held on November 25, 2024 at 6:00 p.m. at Halifax and West Community Council, Council Chambers, Halifax City Hall, 1841 Argyle Street, Halifax, NS. All oral and written submissions will be considered at that time. Information on how to sign up to speak in advance is available on-line: https://www.halifax.ca/city-hall/regional-council/public-hearings. Written submissions may be forwarded to the Municipal Clerk by mail, P.O. Box 1749, Halifax, Nova Scotia, B3J 3A5; by fax, 902-490-4208; or by e-mail, clerks@halifax.ca. Written submissions should be received by the Municipal Clerk’s office as early as possible and not later than 3:00 p.m. on November 25, 2024.
The Request:
Application by Mackay-Lyons Sweetapple Architects on behalf of a property owner, requesting to enter into a heritage development agreement on lands at 10 Kirk Road, Halifax (PIDs 00280263 and 00280115) to permit a 15-unit bare land condominium on a registered heritage property.
Background
10 Kirk Road, Halifax, also known by its Gaelic name, Finntigh Mara, was registered as a heritage property in 2010. The property is an early 20th century estate located in the historic Jollimore community on the shores of the North West Arm. The primary heritage resource on the site is the original Arts and Crafts style house, which is circa 1914-16, but the property is also complemented by a series of landscape features including the Roost (an outbuilding), stone retaining walls throughout, stands of trees, an in-ground pool, and a rhododendron garden. Another key feature is the view from the main house on the property to the North West Arm…
COMMENT: From a quick reading, there seems to be no mention of the public path
Rumoured: “The rumour I heard was that the developer … offered the city the rights to the path on the NWArm and the city said no!!”
Related Document # 2. (Added to post on Nov 23, 2024)
– Halifax Public Meeting Case 24505,
Feb 23, 2023
On page 2 (italics added):
PM (citizen): “What does the community of Jollimore get from all that preservation of greenspace and cottage field? Is this something that has public common land for the community in Jollimore or is everything that is happening in there only for the benefit of the people who will live in there.”
J. Lugar (HRM Planner) responded: “it is not a requirement of the policy, can’t really speak on that. It is a private property. Not that kind of thing we would get involved in. There is a tow path that goes though there, and the intent is to keep and maintain it.”
On page 4 (italics added):
SK (Citizen) asks specifically about the foot path “Is there intent to maintain the toe path and will there be public access?”
J. Lugar (HRM Planner) replies “yes it will be kept for public access, it has not been written in the agreement yet because the agreement isn’t written. Things are still at an early stage.
P. Taylar, (Marterra Inc, property owner adds): “plans to give/gift this property to HRM. It will become city property and it will be maintained by the property owner. It will clearly be stated that it will have public access.”
Related Document # 3
– Information Item No 2
HRM, 2016 document
Today the rough path continues to be used as a local foot path running between Sir Sandford Fleming. Park and Saraguay House at the Nova Scotia…
The document includes a map.
From the document:
Public Right of Way (Towpath) on the Northwest Arm – Maintenance and Access Community Council Report June 28, 2016
BACKGROUND
Map. Click on image for larger version.
The Northwest Arm of Halifax Harbour (the ‘Arm’) separates the western portion of the Halifax Peninsula from the communities of Armdale, Jollimore and Purcell’s Cove. The water body and surrounding lands are a significant open space for the region with a history of providing recreation, cultural and community identity and significant views. The Arm provided a site for some military and industrial activities up until the end of the Second World War. A towpath existed along the western shore to aid in moving boats along the arm. This right of way was established across private properties many of which were large.
Today the rough path continues to be used as a local foot path running between Sir Sandford Fleming Park and Saraguay House at the Nova Scotia Yacht Squadron.
In 1995, Halifax City Council adopted the Halifax Parkland Strategy to guide public parks and open space planning for the City. That plan identified the importance of public access to the North West Arm and identified public use of the towpath as one means to deliver this. The strategy called for the path to remain rustic and informal so as not to overly intrude on the private properties over which it crossed. The need to acquire lands and easement right over time was also identified, as was linking the path back to public streets.
Some photos
Click on images for larger versions
Above: Spring 2007
Some related comments
From a social media post approx 1 year ago when a portion of the path was blocked off by a property owner.
” Today I was really surprised to discover the Public Footpath along the Northwest Arm was being blocked by a property owner, a short distance from the Dingle park, near Boscabel. I haven’t walked the footpath or “towpath” in a few years, but I thought this path, having existed for over 100 years as a public path, was protected against this sort of action.”
“Angling Act allows anglers to walk the entire shoreline of a body of water, provided there is public access at some point. He can’t fence it off like that. You can walk over his fence, or around it on the water side legally. You can’t damage his property and he’s going to yell at you most likely, but he’s wrong. ”
“Until about 15 years ago, I used to live two properties over from the Dingle park. That path cut right through my front yard. I always appreciated how many people walked it daily – a chance to meet folks and, with all those people walking past what was an otherwise secluded spot, it was the best security feature a person could ask for. The footpath was included in our deed as a public right of way. I thought the public’s right to travel over that route was protected by law. That’s why I was so surprised when I saw it blocked off. Be a shame if a public asset that’s existed for well over 100 years becomes unavailable because of a single landowner.”
“There was a cool sign on Gottingen Street that used to explain traditional right of way. It encouraged people to keep using a pedestrian throughfare to maintain that access. I think maybe some educational signage at the Dingle wouldn’t hurt, to encourage clarity. Any art students out there looking for a project of civic significance?”
“I don’t think you can call a path public, that goes on private property. You could contact the property owner to see what’s up though and you’d probably get the correct answer as to why it’s blocked off like that Edit: Here’s a link from 2016 on this subject and it seems it goes through private property and it was still an issue with significant variance in easements and lack of clarity https://cdn.halifax.ca/sites/default/files/documents/city-hall/community-councils/160628hwcci02.pdf. ”
“It is definitely public. It’s a grandfathered right of way. All the property owners along here know this (or should know it). Maybe the path has some erosion and hence the sign. It could be better worded though!”
Comment received Nov 22, 2024:
“I’m surprised by this news, or the suggestion that the tow path would be blocked off somehow in front of the condominium property. I attended a public information meeting about this development last year. My recollection was that the developer said the path would remain accessible – they had no intention of not allowing people to move along it. I don’t recall them saying that it relied on the city taking over the path. Maybe it’s in the minutes of the previous meeting. Things can change, though, and if this is one of those things, that’s not good.”
Posted by David P
Nov 21, 2024