Residents of James Shaw Street won a court injunction to keep their road blocked.
Dead end for city’s quest to open road
BY ANDY BLATCHFORD
andy.blatchford@transcontinental.ca
A Quebec court ordered Beaconsfield to reinstall a road barrier last month, six days after the city opened it.
In December, a group of 10 residents from the James Shaw Street area initiated court proceedings against the city to close the street.
The case came on the heels of a Beaconsfield resolution to remove the roadblock to quell safety concerns, which was passed in October.
On Dec. 14, Judge Jeannine Rousseau granted the injunction demanding that the concrete cinder blocks be put back. She said the city’s resolution “presented no extreme urgency� and the need to open the new public road was not established, according to a letter from the group’s lawyer.
Beaconsfield replaced the barrier the next morning.
By opening the seven-metre stretch of gravel road, residents maintain their quiet cul-de-sac will become a direct route to the Highway 40 service road.
The added traffic would be a danger to children, neighbours say. When homes in the area were built in the late 1990s, the lane was created to provide direct access to the highway for construction vehicles.
In a December 1999 letter to residents, Beaconsfield officials said the street would be closed following the work period.
James Shaw is nestled in a web of residential streets, making it a long drive from the highway. For security reasons, a gated access road reserved for emergency vehicles was built at the south end of the street.
Following a push by neighbours to ensure the road would be closed, Beaconsfield council passed a resolution in February 2005 stating that James Shaw would remain closed to traffic on its north end.
But safety became a concern in May after the local fire department took nine minutes to answer a call — above its target maximum of five minutes — Division 12 fire chief André Beausoleil said.
“For us, the time of response was not good enough,� he told The Chronicle, adding the call was to an empty building under construction in nearby Kirkland. “The fire in May lit up a light.�
He met with Beaconsfield and Kirkland officials and requested the street be opened.
After spending a “long time studying the request,� city officials made a choice, Mayor Bob Benedetti said.
“We decided the only solution was to open the road,� Benedetti said, adding he could not discuss the situation further because it is in court.
Citizens from the James Shaw Street neighbourhood were not advised about the Oct. 30 resolution. However, word spread about the meeting’s agenda and five residents from the area were present that evening.
Several residents addressed council and vehemently protested the motion.
“It was kind of a shock to us when they did what they did,� said Marie-Josée Gendron, a James Shaw resident who is part of the group that took the city to court.
Gendron said the group sent a letter to schedule a meeting with councillors to discuss the issue. There was no response from the city, she said.
“We thought we had put this to bed 18 months ago,� Gendron said, referring to the resolution passed in 2005.
On Dec. 8, Beaconsfield’s public works removed the concrete blocks, which obstructed the short path between James Shaw and Gérard Guindon Street in Kirkland.
Gérard Guindon resident Mark Neiss said Beaconsfield should have consulted residents.
“My opinion on this is they’re (Beaconsfield) using safety as a guise for other reasons,� he said. “They knew there would be backlash and they chose not to consult because they want to avoid it and that’s upsetting.�
The group of residents suggested that the city keep the path reserved for emergency vehicles and install a gate.
According to André Christin, an urban planner hired by the citizens, Beausoleil told him he would be satisfied with the fire lane proposal. When interviewed by The Chronicle, Beausoleil declined to comment about the lane because of the court case.
Gendron hopes the parties can reach an agreement and keep the case out of court.
“I would say that’s where it’s heading,� she said. “I certainly hope not. I find it’s a big waste of everyone’s time and energy.�