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THE XXCO
XXXX� ��MUNICIPALITY
XIO °�f �XXGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # G_1k
Date: SEPTEMBER 18, 1995 ides. -`7 -33 `V E.
Report#: WD-39-95 File #: B. 01. 16 . 002 Dy-Law#
Subject: ASPEN SPRINGS SUBDIVISION,
PHASE 1 (BOWMANVILLE) , PLAN 40M-1686,
CONCERNS OF MR. J. C. STONE, 36 BONNYCASTLE DRIVE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-39-95 be received;
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2 . THAT a copy of Report WD-39-95 be forwarded to Mr. J. C. Stone
and to The Kaitlin Group Ltd. , and that Mr. Stone be advised
of Council 's decision.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2 : Correspondence dated August 21, 1994, from Mr. J.
C. Stone to Council
No. 3: Correspondence dated September 1, 1994 from Mr.
William Daniell of The Kaitlin Group Ltd. to Mayor
Hamre,
No. 4 Copy of Council Resolution #C-531-94 dated
September 12, 1994
No. 5 Correspondence dated June 6, 1995 from Mr. J. C.
Stone to Mayor Hamre
1001,
.
REGY-
PAPER RE nE
THIS 6 PRIMED U4 RECYCLED PAPER
REPORT NO. : WD-39-95 PAGE 2
2.0 BACKGROUND
2 . 1 At a regular meeting held on June 26, 1995, Council passed the
following Resolution #C-480-95:
"THAT the correspondence dated June 6, 1995
from J. C. Stone regarding concerns regarding
his residence in the Aspen Springs development
be received;
THAT the correspondence be referred to the
Director of Public Works for review and
preparation of a report to the General Purpose
and Administration Committee; and
THAT J. C. Stone be advised of Council's
decision. "
3.0 REVIEW AND COMMENT
3 . 1 Mr. Stone has requested the Municipality's assistance in
resolving several concerns related to his residence at 36
Bonnycastle Drive (see Attachment No. 1) .
3.2 Mr. Stone's concerns are summarized as follows:
a) incomplete grading and sodding of his lot;
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b) dirt and dust on subdivision roads;
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c) blowing builder debris;
d) incomplete road allowance works (curbs, sidewalks, etc. )
in Phase 1;
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1002
REPORT NO. : WD-39-95 PAGE 3
e) construction equipment noise before and after regular
work hours;
f) speeding truck traffic on subdivision roads; and
g) general home warranty related issues .
These concerns were set out in a letter to Municipal Council
dated August 21, 1994 (see Attachment No. 2) . The Kaitlin
Group Ltd. responded to these concerns in writing (see
Attachment No. 3) , and the issue was also referred to the By-
law Department for review and response (see Attachment No. 4) .
3. 3 Mr. Stone sent a second letter to the attention of Mayor Hamre
dated June 6, 1995 (see Attachment No. 5) , reiterating his
concerns .
3.4 Mr. Stone was most recently contacted by Public Works staff on
July 6, 1995. At that time Mr. Stone indicated that his lot
grading and sodding had been completed, and that there were no
specific problems requiring attention as of that date.
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However, he did indicate that other general problems (outlined
in his correspondence) were still of concern.
3 .5 Public Works staff met with Mr. Kelvin Whalen of The Kaitlin
Group Ltd. , on site, on July 18, 1995 to discuss Mr. Stone's
written concerns .
Mr. Whalen explained that, as per their letter of last year,
their forces are continuing to monitor the condition of the
site, and all building related activities, to ensure that
inconveniences to the residents are minimized.
003
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REPORT NO. : WD-39-95 PAGE 4
Furthermore, it was confirmed that house construction in Phase
1 of this development was nearing completion, and that the
installation of all outstanding roadworks (top curbs,
sidewalks, top asphalt, etc. ) was being scheduled for late
summer and early fall of 1995 .
Also, recent completion of road construction in other phases
has provided for an alternate route for construction traffic
normally using Bonnycastle Drive.
3.6 To date, the developer has been co-operative when given the
opportunity to respond to homeowner concerns received from
Municipal staff, and we are satisfied with their efforts made
in this regard.
Furthermore, the enforcement of traffic speed within the
subdivision is being addressed by the Durham Regional Police
Department, and the resolution of house construction
deficiencies is covered by the Home Warranty Program.
4.0 CONCLUSIONS
4 . 1 From the above, it is concluded that all of Mr. Stone's
concerns have been satisfactorily addressed, many through the
completion of Phase 1 construction of this development.
Many of the concerns noted are inherent to living in a new
residential subdivision experiencing house construction. This
site will be monitored by the developer and Public Works
staff, in order that future problems may be avoided.
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Should Mr. Stone experience further problems, it is
recommended that he directly contact Public Works staff in the
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REPORT NO. : WD-39-95 PAGE 5
Municipal Administrative Centre, in order that his concerns
may be promptly addressed.
Respectfully submitted, Reviewed by,
Stephen A. Vokes, P.Eng. W. H. Stockwell
Director of Public Works Chief Administrative Officer
AHC*ph
September 8, 1995
Attachments
pc: Mr. J. C. Stone
36 Bonnycastle Drive
Bowmanville, Ontario j
L1C 4T1
The Kaitlin Group Limited
1029 McNicoll Avenue
Scarborough, Ontario
M1W 3W6
Attention: Kelvin Whalen
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1005
MEADOWS
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36 BONNY ASTI. E
DRIVE
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BONNYCASTLE DRIVE
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O o� C: ATrACHS\SUBD 36BONNY.DWG
o o DRAWN BY; JM DATE; SEPT, 1995
Q ATTACHMENT NQ, 1
KEY MAP WD-39-95
1006
WUNUIL WKtUI JU1V D-27
Bowmanville, Ontario
LIC 4T1
�j August 1994
Town Council � ������4114
Municipality of Clarington ` ;�,
40 Temperence Street
Bowmanville, Ontario
LIC 3A6 AUG Z 4 1994
AGENDA MUNICIPALITY OF CLARINGTON
To The Town Council MAYOR'S OFFICE
The intent of this letter is to lodge a complaint about the
Kaitlin Group and the Aspen Springs Development.
I believe they have no regard for the people living in the
neighbourhood and provide the following observations:
on Saturday August 6th they had a bulldozer and
other heavy equipment filling in foundations at
7:00 am.
on Thursday August 18th a large truck began D(a``Tl�`r( j'
unloading bricks at 1100 p.m. in the evening and CN
,
did not finish until after midnight.
ACK. By
worker's vehicles and trucks continually speed QRIGINAI T
up and down Bonnycastle Drive without regard to CO ICS (0;
the children in the area.
- the workers leave
garbage including perishable
food remnants on the ground all over the place --.._...:.._..._ `
without regard to the possibility of disease or
the environmental hazard. This
garbage is not
picked up the developer; it is just bulldozed
into the ground with the broken bricks, lumber
scraps and other construction materials.
These issues have been raised with Kaitlin in the past , but no
improvement in the actions of workers are evident. As taxpayers the
People in this community deserve better and I would like to know what
you as the town council will do about this matter.
.Stone
ATTACI-HENT NO. 2
1
007 WD-39-95
FAIL The Kaidin Group Ltd
1029 McNicoll Avenue Scarborough,Ontario MlW 3W6
1
Telephone(416)495-7050
Fax (416)495-8820
September 1, 1994 AFP b199/4
AT
Her Worship Mayor Diane Hamre
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
r
L1C 3A6 n1 6
Dear Mayor Hamre, 4. V
Re: Correspondence from Mr. Stone r\
36 Bonnycastle Drive
Thank you for your letter of August 30, 1994 with the copy of Mr.
Stone's correspondence of August 21, 1994.
As you are aware, we take great pride in the community that we have
created in Aspen springs and we regret the inconvenience that Mr.
Stone has experienced.
In response to the specific concerns expressed by Mr. Stone in his
letter, we have the following comments;
- Contrary to Mr. Stone's comment, we have the highest regard for
the residents of our subdivision. We strive to ensure that they
receive the highest enjoyment of both their home and the community
that we have created in Aspen springs.
- Regarding the equipment commencing at 0700 on August 6, 1994 , we
apologize for the disruption, however such starting times are still
in accordance with permitted hours of operation in the
Municipality's By-laws. We do not normally have any equipment or
trades working on Saturdays, however, with the construction strikes
of this past summer it did become necessary on a couple of
occasions, in order that closings would not be delayed.
However, the other incident described by Mr. Stone, that being the
unloading of bricks at 11:00 p.m. is clearly unacceptable for a
number of reasons and we will ensure that such incidents are not
repeated.
. . . . . /2
ATTACMENT NO. 3
WD-39-95
008
SO
- 2 -
- With respect to the speeding of construction vehicles, we can
only advise that we will reprimand any trades that we observe using
excessive speed or carelessness. Enforcement is of course in the
hands of the Durham Regional Police. Safety concerns are at least
improved by the fact that we now have sidewalks (and in some cases
double sidewalks) on all occupied areas of Bonnycastle Drive.
- Finally, on the matter of garbage and debris, we have taken every
reasonable measure to ensure that garbage disposal - both
construction and personal - is facilitated within the site. We will
once again renew our efforts at making the site cleaner and more
visually attractive.
We trust that with the above measures, we will have addressed most
of the concerns raised by Mr. Stone.
The feelings of our residents are of paramount importance to the
Kaitlin Group - a large number of our new purchasers are actually
referred to us by the existing residents. However, it is a large
subdivision and construction is still on-going, and will be in
varying degrees for the next few years. We will try our best to
make the process as pleasant as possible for all involved.
Should you or council wish to discuss this matter further with me
at any time, please do not hesitate to call me.
Yours very truly,
William J. Daniell
President
cc: Mr. Stone
36 Bonnycastle Drive
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1009
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Council Minutes - 12 - September 12, 1994 Coun
COMMUNICATIONS COI\
D - 27 Resolution #C-531-94 D
a
ev
Kaitlin Group Moved by Councillor Hannah,seconded by Councillor Elliott N
Aspen Springs f Jr..
e
Y0'
Development THAT the correspondence dated August 21, 1994 from J.C. Stone regarding the
M04.CO Kaitlin Group and the Aspen Springs Development,be received;and
THAT the correspondence be referred to the Senior Municipal Law Enforcement
Officer for review and response,with a copy being forwarded to the members of
Council.
TARRIED" .
D - 28 Resolution #C-532-94
Proclamation of Moved by Councillor Hannah,.seconded by Councillor Elliott
Breat Cancer
Awareness Month THAT the correspondence received from R.J. Kyle, Medical Officer of Health,
M02.GE Durham Region,requesting proclamation of-Breast Cancer Awareness Month,be
received;
THAT the month of October 1994 be proclaimed "Breast Cancer Awareness
Month" in the Municipality of Clarington and advertised in accordance with
municipal policy; and
THAT R.J. Kyle be advised of Council's decision.
"CARRIED"
D - 30 Resolution #C-533-94
Draft Official Moved by Councillor Hannah,seconded by Councillor Elliott
Plan Comments
Cornish/Leaver THAT the correspondence dated September 2, 1994 from Myrtle Leaver, o.
D25.TO Geraldine and Eric Cornish, George and Gail Leaver and Edward and Margaret
Leaver forwarding comments regarding the Draft Official Plan as it relates to the
proposed zoning change from Agricultural to Greenspace on property in
Concession 3, Part Lot 14, east side of Regional Road 57, be received; . e
THAT the correspondence be referred to the Director of Planning and +'o
Development to be considered in conjunction with this matter; and
'e
THAT Myrtle Leaver, Geraldine and Eric Cornish, George and Gail Leaver and
Edward and Margaret Leaver be advised of Council's decision.
"CARRIED"
1;
ATTACFMENT N0. 4
010 WD-39-95
s,
COUNCIL DIRECTION , 0-8
o ,QU
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36 Bonnycastle Drive JUN 1 9 1995
Bowmanville, ON
L1C 4T1
06 June 1MUNICIPALITY OF CLARINGTON
9 95 MAYOR'S OFFICE
Her Worship Mayor Diane Hamre
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mayor
In August of last year I wrote to you regarding a
number of concerns I had regarding my residence in the Aspen
Springs development. Regrettably, this letter has the .same
intent .
Recently, the developer came on to my property and
removed half of my front lawn. This was done without any
notice or request about convenience. Legally I am obliged
to allow them access to my property to. deal with grading
problems . That does not mean they can come onto my property
without asking or without it being convenient to,.me. I am
still waiting for the grass to be replaced and Kaitlin would
not tell my wife when that would occur.
I have been living in my home and paying taxes for two
years . I am tired of living with streets that are full of
mud and seldom cleaned, I am tired of the houses around me
having no grass (they have been that way since last fall) , I
am tired of trucks speeding up and down the road, I am tired
of my lawn being full of Kaitlin's construction garbage and
their worker's garbage every time the wind blows, I am
tired of waiting for the street to paved completely and I am
tired of waiting for Kaitlin to do things . In addition, I
do not appreciate workers in my yard at 7 am on a Saturday
morning banging bricks for a retaining wall .
On the other end of the subdivision residents have put
large signs up complaining about their carpet . My neighbour
got tired of waiting for Kaitlin to repair the grass they
lifted up last spring and never replaced; last month he
obtained some sod, repaired the area and the next day
Kaitlin removed half of it . It remains without sod. My
other neighbour has been living in his house for over a year
and Kaitlin has yet to paint the exterior side door on the
garage. I believe most residents in Aspen Springs could
provide similar example-s .
ATTACI KNT NO. 5
1 O 1 1 WD-39-95
Clearly, there are things going here that I am not
happy with. As a tax payer I expect better and hope you can
tell me what you can do to make Kaitlin more responsive to
the home owners they appear to care .little about . Legal
proceedings for trespassing is an appealing option.
Thank you for your time and I look forward to hearing
from you.
Sincerely,
9
J.0 Stone
ntr r•r
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