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My comments are at beginning and at the end, click on the highlighted text to go to specific comments, which will have numbers in brackets e.g.. {1}        [ ] are used by the writer.

    Here the devil in the details are found BUT they cut both ways!  Yes, there is a shut up & put up clause - #.6 but there is also #.4 and that is the one holds the developer responsible for the current state of affairs.  In the words of Therese Taylor “The settlement agreement that we signed with the landowner included a site plan which depicted the location and the dimensions of the Tree Preservation Area.  In fact when the site plan was initialed, Susan persuaded the landowner to “minimize encroachment as much as feasible.” There was no indication of a servicing easement or a hole in the Tree Preservation Area.  Never in a million years would we have thought that a City law would allow them to do this,” says Taylor.

    So why was Mrs. Taylor informed of what was going as the "settlement agreement" called for?   City staff say "Crouse admitted that “Staff met on several occasions with Fitzwood and its representatives to discuss the appropriate location of the easement."  Why did #.4 "Fitzwood will provide ... [“Appellants”] with a copy of any material it hereinafter submits to the City as part of the site plan process as it relates to the TPA;", not happen?  Yes, why?  Are they go to try and tells us that they did the whole route selection for the sewer main with the City and there was no paper work what-so-ever!  How believable is that?

    A reasonable person would clearly know the meaning of #.4 as intending to make sure that Susan Karrandjas and Therese Taylor are kept informed of events, in a timely fashion, to ensure their meaningfully involvement in whatever plans or process that could affect the on-going and long term protection of the Tree Preservation Area.  And yet they did not even get the courtesy of being informed by developer (or the City), the of what was going on.  Does this sound like a "good corporate citizens"?

    Is the City involved?  After all in #.2 & #.3 it clearly notes the City is a player in this matter.  That will play it will out in the next few days.  But one thing is sure, the City knew of Therese Taylor's interest in protecting the area and did not keep her informed or involved, what does that say?


PL030291
ONTARIO MUNICIPAL BOARD

Susan Karrandjas and Therese Taylor have appealed to the Ontario Municipal Board under Section 17(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from the decision of the City of Mississauga to approve Proposed Amendment No. 132 to the Official Plan for the City of Mississauga, to delete the “Natural Area” classification on Schedule 3, Environmental Areas, as it applies to a potion of the lands composed of Part of Lot 6, Concession 3, WHS and Blocks 27 and 31, R.P. 43M-1167 OMB File NO. O030055

Susan Karrandjas and Therese Taylor have appealed to the Ontario Municipal Board under Section 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 0074-2003 of the City of Mississauga OMB File No. R030057

MINUTES OF SETTLEMENT

The undersigned parties have agreed to resolve the abovementioned matters as follows:

1.     Fitzwood Investments Limited [“Fitzwood”] agrees to the Tree
         Preservation Area [“TPA”] as depicted on the attached Schedule “A”;

2.     The TPA will be maintained in accordance with the City of Mississauga's
         [“City”] current policies and practices applicable to such areas;

3.     The development of the balance of Fitzwood’s lands will be subject to
         the City's current policies and practices respecting the site plan
         approval process;

4.      Fitzwood will provide Susan Karrandjas and Therese Taylor
          [“Appellants”] with a copy of any material it hereinafter submits to the
          City as part of the site plan process as it relates to the TPA;

5.      The Appellants will forthwith withdraw their appeals in the
          abovementioned matters;

and

6.      The Appellants will not further object to nor delay, either directly or
           indirectly, the development of abovementioned Fitzwood’s lands
           located at Britannia Road West and Bidwell Trail.

DATED AT MISSISSAUGA June 30, 2003


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