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PAGE 2, WEDNESDAY, SI lnlMBE R Il,-1985, WIIITBY FREE PRESS Residents want town to take action.... 102 have complaints about their Grand Oak home Grand Oak Homes, probably the town's largest developer, won't get any more building permits from the Town of Whitby until a meeting can be held to solve the problems en- countered - by residents of the Sugar Maple Cres. area. The residents of the Sugar Maple Cres. are upset because much of the interior work wasn't done, or if it was done, was in need of repair. The residents, led by Kathy Gauthier of Sugar Maple Cres., have filed a petition with the town requesting that the meeting be held. According to the petition, 102 of the residents have com- plaints about their PALLOCK ORCHARDS W HITBY Featuring This Week New Crop BARTLETT PEARS by the basket, 2 bushel, or bushel. Also apples, tomatoes, corn, fresh dally. First entrance north of Rossland on Highway 12 east side. homes while only eight refused to sign because they were happy with the homes. Gauthier added that eight residents who were unhappy refused to sign and 17 homeowners could not be contacted. There are also 40-50 empty lots in the sub- division. CONT'D FROM PG. I the inconvenience that will be experienced by innocent third parties (such as new home pur- chasers) as a result of council's action. Accor- ding to Wallace, there are two applications for building permits (filed Monday) that will.be af- While the residents admit that the homes appear to be structually sound, its the small details that are causing all the problems. But what really makes them angry is that it appears to be taking a considerable length of time for Grand Oak Homes to effect fected. Regardless of the in- convenience, responded Bugelli, it is in the best interests of all the homeowners - current or prospective - to have the complaints dealt with by council. Bugelli described the mayor's legal concerns as "a bit of a red herring." Council, he argued, could be held liable for many actions taken. This one was no more or less risky than a lot of others. While Bugelli advised council to "walk cautiously" he urged them not to wait. Homeowners on Red Maple Court were pleased with councils decision. "The fact is we were lied to (by the developers) and we're angry," said resident Linda Hoy. "If nothing had hap- pened here tonight," repairs. In Gauthier's case, a dishwasher cabinet was to have been installed in her $77,000 home before she moved in last October. It still has not been installed. She also said that when she purchased her home in June, 1984 she was originally set to said another homeowner, "we would have taken hMm (developer Ed Hyde) to court." Resident Bill Ruder- man said he wasn't worried about the legality of the town's ac- tion. On the contrary, if council had failed to act, he suggested, they might have found itself liable in a civil court - for allowing the developer to abrogate his subdivision agreement. Bugelli described Monday's action as a "major step" to resolving the problem. The developer's at- titude, he said, has long been, "Go ahead sue me if you want." Now, said the councillor, the town is playing his game. "If the developer wants to take the town to the On- tario Municipal Board he can go right ahead." move in Sept. 28. However, she didn't move in until a month later although Grand Oak Homes did pay for the her family to stay at a local hotel. Dennis Fahey of 714 Sugar Maple Cres. said he's been experiencing "a wide range of problems" - everything- from a leaky bathroom to a non-functioning valve in his driveway. That was to have been repaired before the driveway was paved. Workcrews did attend prior to the paving, however, Fahey was later told his driveway will have to be dug up so that the valve can be repaired again. The house, he said was also full of "creaks and squeaks" and came not only with warped doors on the bathroom but the wrong doors. He was supposed to receive 800 series Colonial doors but what he got was Newport Colonial. "They're not of the same quality," he said. Taking up the residents' cause is West Ward Coun. Joe Bugelli who persuaded council Monday night to take its most unusual action. Bugelli said last week that there is little the town can do because most of the residents' complaints are deemed to be "cosmetic" in nature. "Unfortunately, our hands are tied," he said, PRESENTS ... s5O9OO LUGGAGE BANKRUPTCY OVER 700 ASSORTED BAGS INCLUDING OVERN ITERS, WEEKEN DERS, PULLMANS, GARMENT BAGS, ATTACHE CASES, DUFFLE BAGS, TOTES & SPORT BAGS 1 Bugelii says legality is "a bit of a red herring" PONY L s6345 STELLAR STELLAR SL s8995 s Plus P.D.I. & freight DURHAM'S LARGEST HYUNDAI DEALER HOME OF THE HYUNDAI STELLAR & PONY MON.-THURS., 9.9 p.m., FRI. 9.6 p.m. .FiONTA R. E O AY 496 TAUNTON RD. E., OSHAWA 576-7669 "We cannot force them to complete things that are not covered under the. Ontario Building Code." Bugelli is critical of the amount of time it takes Grand Oak Homes to effect needed repairs. "A year is not an ac- ceptable amount of time to caulk a bathroom," hesaid. While the councillor conceded that "in the final analysis, they are not bad products" he said it was unfortunate that it takes so long "to get the small things done." The best the town can do, Bugelli, maintains, is to act as a mediator between the residents and the developer. The only way the developer could be forced to notice how serious the town views this problem is to deny him the right in building in other parts of Whitby until he corrects these problemis.