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i THE CANADIAN STATESMAN, NOVEMBER 21,2001 PAGE 3 Subdivision work stopped after trees cut down Municipality investigates clearing of trees it says it never authorized BY JACQUJE MclNNES Staff Writer BOWMANVILLE - Work lias been halted at a north Bow- manvillc subdivision and an investigation investigation is proceeding after about 100 trees on the site were cut down, Clarington's senior municipal law enforcement officer officer says. "We arc investigating with a view to laying charges," says Lcn Creamer, who adds the trees were removed from environmentally-protected environmentally-protected land just south of Hooper's Square, west of Mearns Avenue. "They very definitely had no permission or authority to cut the trees. The only question now is laying charges on the responsible party," he said after residents from the adjoining subdivision complained to the municipality. The consultant overseeing the development confirms a contractor was hired to take out the trees but says an honest mistake mistake may have been made and compensation to the municipality municipality could be forthcoming if necessary. necessary. Monday afternoon, the municipality municipality ordered all work halted halted on the site until the engineering engineering department can determine how many trees were erroneously erroneously destroyed and the impact impact on other vegetation in the area, says Tony Cannella, Clarington's Clarington's acting director of engineering. engineering. "I'm looking at the big picture. I want to know what they did and the damages done and assess what I want done," WALTER PASSARELLA/Statesman photo Joan Jennings and other residents are upset after about 100 trees were cleared from a subdivision site south of Hooper's Square, west of Mearns Avenue. The Municipality of Clarington is investigating the cutting of the trees, which it says it never authorized, but the consultant overseeing the development says an honest mistake may have been made and compensation to the municipality could be forthcoming. for compensation, Mr. Cannella says. "You've got two issues here. You have the trees and you have the fact they went out and did something without authority." The president of Dunbury Homes - the company awaiting development, approvals for a parcel of land that includes the tree corridor -- told the Statesman Statesman Monday he was "shocked" to hear the trees had been removed. removed. "This is the first thing I know about it," said Phil. Litowitz, who returned to work after a three-week absence Monday. "It was certainly without my knowledge. I'm not that type of developer," he added, noting the company would not benefit from cutting down extra trees because the land in the tree cor ridor was going to be donated to the municipality, since it is not zoned for development. But Dunbury's consultant, G.M. Sernas, which is overseeing overseeing the project, confirms about 100 trees were cut down by a hired contractor last week. However, says G.M. Sernas Project Manager Nick Mensink, there may have been "confusion" "confusion" between his company and the municipality on whether approvals approvals had been given to cut down trees in the area to allow for a road. "An original (tree preservation) preservation) plan was done as part of the environmental assessment study submitted some time ago," says Mr. Mensink. "Where the confusion is," he says, is that the municipality had expected further plans to be submitted while G.M. Sernas thought the requirements had been fulfilled. Mr. Cannella says any confusion confusion "was on their end. From this end it was crystal clear." Part of the environmental study report said the tree preservation plan was to be dealt with at the engineering stage, which is the stage the project is in now, he says, noting "I haven't signed anything," that would give approval approval to proceed. David Crome, Clarington's planning director confirms as far as the municipality is concerned concerned it was clear there were still more steps required before permission would have been granted for any trees to be removed. removed. "They have not been given approval to go ahead on that site," he says. Joan Jennings, a resident resident on Hooper Square, adjacent to the property, says area residents are extremely extremely upset. They knew a development was going in to the south of them, but the municipality had told the residents trees directly directly behind their homes would not be cut down because because the land is under the stewardship of CLOCA, the local conservation authority, authority, she says. "That's why we bought here, because of the privacy privacy it afforded us," says Mrs. Jennings, who says the land behind her properly properly looks like a "war rav aged area now - extremely unsightly for everyone to look at." The residents are hoping hoping the developer will be required to replant some mature trees and shrubs to replace the trees removed. Mr. Mensink says his company will co-operate with the municipality. "The town will determine if the trees removed were unacceptable. Compensation Compensation may be the outcome of the review," he says. "If there was removal that took place that shouldn't have, there will have to be rectification," he says. 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NOTICE IS HEREBY GIVEN that application has been made for approval to expropriate the land more particularly described as follows: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham, formerly in the County of Durham, and being composed of Part of Lot Thirty-Three (33), Concession One (1) of the Geographic Township of Darlington, which parcel is more particularly particularly described as follows: PREMISING that the bearing of the North limit of Lot 33, Concession 1, Is North 74 degrees 00 minutes 00 seconds East and relating all bearings used herein thereto; COMMENCING at a point in the said Lot 33, which may be located as follows: BEGINNING AT THE NORTH-WEST ANGLE OF LOT 33, CONCESSION 1; THENCE North 74 degrees 00 minutes 00 seconds East along the said North limit of Lot 33, a distance of 347.55 feet; THENCE South 16 degrees 00 minutes 00 seconds East, a distance of 1,472.52 feet to the Point of Commencement; THENCE from the Point of Commencement North 83 degrees 13 minutes 00 seconds West to a point in the East limit of a travelled road passing through said Lot 33, a distance of 278,28 feet; THENCE South 6 degrees 17 minutes 20 seconds West along the said East limit of travelled road, a distance of 150.00 feet; THENCE South 83 degrees 13 minutes 00 seconds East a distance of 277.84 feet; THENCE North 6 degrees 27 minutes 30 seconds East, a distance of 150.00 feet more or less to the Point of Commencement. 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