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High rise developer wins long battle Whitby Council announced Monday that it will not engage in "a costly legal battle" to halt the highrise apart- ments planned for Dundas Street West by Donbill Holdings Limited. Tie Town received advice from its solicitor Lawrence Mandel that it prepare certain documents, a step which is, in essence, the first step in the issuance of building permits to the developer. The two 20-storcy apartnents, which were approved by a past council several years ago, have been a controver- sial issue for some time. The controversy was heightened earlier this year when it was learned that the Ontario Housing Corporation planned to make 25 percent of the apartments' units available to people on low incomes, a blatant violation of the Town's official plan which calls for subsidized housing on a five percent scattered basis through- out the municipality. At a public meeting, called by the West Lynde Community Association shortly therhafter, several members of the present council, nany of whoase had nothing to do with drawing up the original site plan agree- ment, exprcssedntheir oppositionto the highrises and tbe OHC involvement therein and promised to do their best to hait the project by iuntigtg for deficiencies in the site plan. They found severa and told the developer that they wouldtaot issue die building permits until the deficiences were taken care of and the building heighit ùcduced. At one point, the developer threatened to apply for a manda- mus, a court order which would force the Town to issue the building permits. Tie Town announced that it would defend against the application. The developer has taken care of the deficiencies and reduced the height by one storey and council is not pre- pared to indulge in a costly legal battle tohalt the project. The pemiits will be issued. All councillors present at Monday's meeting, with the exception of Acting Mayor John Goodwin whose final vote had no effect, reluctantly supported the report which recommendcd settling out of court. Tom Edwards pointed out that the majority of council had reluctantly come to the conclusion that this is the best settlement available without using the taxpayers' money in a lcngthy legal battle. Gerry Emm who has opposed the development from the ogltle t at edw tldnTom>Et ards, sying that "enering a fighit like thiat wouldn't do the rnuinicipaiity any good"l. Jim1 Gartshore called the settlenent "an unfortunate situation in unfortunate circunstances" and said "I hope this will bc the end of 20-storcy buildings ini the town. I don't think anybody wants 20-storey buildings". le said that the town had done everything it could do to stop the project and urged people who oppose the developnent to put pressure on recently clected MPP Charles Godfrey to sec what hercould do for them. Don Lovelock said he was glad that council came to the realization that the public is opposed to 20-storey building before it was faced with several such developments and added that there will be no such development in the future. "We've at least left something behind for future councils". John Goodwin, in opposing the adoption of the report, called the developer's decision to reduce the height of one of the buildings by only one storey "insulting". Gerry Emm moved that council send a telegrani to the Minister of Housing and OHC once again stating its objec- tion to the 25 percent subsidized housing. Acting Mayor Goodwin refused to entertain the motion. RACE FOR MAYORALTY...........PAGE 2 KEITH BIRCH ON HIGH RISE ................ PAGE 3 PUT PRESSURE ON GODFREY ............. PAGE 4 QUAIL AND KALNINS ........................PAGE 5 BROOKLIN BYLINES..............PAGE 6 WORDS FROM WEST LYNDE........PAGE 7 OPENINGS IN Y PROGRAMS ................. PAGE 8 REGION GRABS LAND.............PAGE 9 EXPOS BASEBALL CHAMPS ................. PAGE 10 WARRIORS OPEN TOMORROW......PAGE 11 Towne Estates revised plan FATAL A two vehicle head-on collision Saturday morn- ing on Victoria St. West near Iroquois Park claimed the life of an Oshawa man. William C. Fleming, 45, of 156 Taunton Rd. W., died at Scarborough Gen- eral Hospital after his car collided with a van. Sgt. Doug Bulloch of Durham Regional Police said the ACCIDENT driver of the van, Michael Manley, 19, of 215 Markham Rd., Scarborough has been charged with criminal negligence causing death, impaired driving, and refusing to submit a breath sample. The accident occurred at 6:55 a.m. Free Press Photo by Robin Lyon Newman may seek party leadership Des Newman, former Whitby mayor and unsuccessful Liberal candidate in the recent provincial election, may seek the provincial leadership of the party. Bob Nixon, who has been the leader since 1967, resigned last week, saying that he believes the party's future chances would improve with a new leader. "I'm still considering the question and continuing my investigation of the practicality of it", Mr. Newman told the Free Press. He said "I'm continuing to speak to people across the province whom I know in tie business in various capacities. 1'm trying to arrive at an intelligent conclusion on the question". "It is a large undertaking. I feel that I should do a certain amount of investigation before I become involved if I decide to do so", Mr. Newman said. Fie said "my Intention would slrnpîy be that if 1 found that it was too substantial a job in order to generate what I consider to be an appropriate amount of support, I would not run". "If I feel that I have a reasonable chance then I may well become involved. I really won't make that determination quite yet", Mr. Newman said. He said that the cost of contesting the leadership "becomes part and parcel of the whole consideration' He added that he would have to measure the extent of his supporters' wilingness to support him financially. Another local politician who may seek the post vacated by Mr. Nixon is Norm Cafik, MP for Ontario. Others who are considered possible candidates are James Bullbrook, Sarnia MPP; Pat Reid, Rainy River MPP; James Breithaupt, Kitchener MPP; and Vernon Singer, Toronto- Wilson Heights MPP. The leadership convention is scheduled for January 10. presented Whitby Council's administrative committee was pre- sented with the revised plan of subdivision for Whitby Towne Estates on Monday. The subdivision, planned for a 140-acre area between the Woolco and K-Mart plazas, was approved by council some tine ago. The Corridor Area Ratepayers Association appeallzd the decision to the Ontario Municipal Board. The OMB ruled against the ratepayers. They then filed their ob- jection with the Ontario Cabinet which ordered another OMB hearing on the matter. Since that Order-in-Council, the ratepayers have been negotiating with the developer in an attempt to have some of the housing types altered and the densities reduced. The revisions to date show an increase of 25 dwelling units over the original plan, from 640 to 665. Also includ- cd in the changes, however, is a reduction in single family units, fron 317 to 284. The councillors who were present along with John Buchanan, President of the Corridor Area Ratepayers Association, expressed disappointment with the reduction in tie number of single family units. The residential portion of the revised plan, presented by John Williams, is broken down into two arcas, that north of Nichol and that south of Nichol. The area north of Nichol shows a reduction from 10.5 to 3.5 acres for block townhouses and an increase from no units to 67 for street townhouses for a total reduction in units from 137 to 113 and in potential population from 521 to 429. The area south of Nichol shows a reduction in single family units from 317 to 1284, an increase in semi-dctached units from none to 140, an increase in linked homes from 28 to 128, a reduction in street townhouses from 59 units to none and a reduction in multiple fanily block town- houses from 98 to none for a total increase in units from 503 to 552 and in potential population from 1,908 to 2,098. The overail rental accomodation potential has been sub- stantially reduced from 234 to 46 units. The total public open space has been reduced fron 22.3 to 19.93 acres, consisting of reductions in land allotted for schools from 10 to eight acres and for parks from I1.9 to 10.6 acres. This, too, disappointed those present. Planning Director Keith Birch will study the revised plans and report back to the committee. Notice to contributors, advertisers Due 'to the Thanksgiving Holiday Monday the deadline for submitting editorial contributions and advertisements is 5 p.m. Friday. The Whitby Free Press/M.B.M. Publishing and Photo- graphy Inc. office will be closed Monday. (V.o0 Wdedy oe 8, <f ty Cen Vol. 5. No. 40 Wednesday, October 8, 1975 Ten Cents wý