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WHITBY FRFE PRESS, WEDNESDAY, FEBRUARY 11, 1987, PAGE 9 Committee decision overturned-restaurant allowed Whitby councillors wrestled with a longtime dispute as well as a procedural impasse before finally deciding to allow a restaurant in the northeast corner of the Kendalwood Park Plaza. Coufeil members overturned by a vote n 4-3 an administratiye committee recommen dation to disallow the restaurant Council then turned around and approved the restaurant by the same vote of 4-3. Mayor Bob Attersley and councillors Joe Bugelli, Joe Drumm and Ross Batten ap- proved of the restaurant while councillors Gerry Emm, Marcel Brunelle and Tom Edwards were opposed. Debate over the restaurant went on for an hour at the council meeting with councillor Joe Bugelli at one point declaring, "I just don't know who is running this municipality1" The councillor was referring to comments that both the applicant, Devesc Group Proper- ties Ine., and those op- posed to the restaurant, said they had the-sup- port of the Corridor Area •.Ratepayers Association (CARA). "This is the only establishment in town with conditions upon conditions. It cant fairly compete," said Bugelli atgouncil. John van Haastrecht, representing Devesc Group Properties Inc., told administrative committee members last week that he has had talks, but as yet no signed agreement, with a restaurant to locate on the site. The plaza property now has a K- Mart, a mall with retail stores, the Whitby museum and Kelsey's restaurant, and a 'Brewer's Retail on the northwest corner of the property. Van Haastrecht said i7DD tbURIAM the restaurant proposed for the site would be a pick-up food establish- ment but with seating areas inside. He said he preferred not to identify the restaurant. William Kirkton and William Lovelock, Ken- dalwood Rd. homeowners who both opposed the rezoning application at a public meeting in April last year, again presented their objections at last week's meeting. "I do not want a restaurant with the noise and smells across from my dwelling," said Kirkton, who said he had an agreement with a previous council for Whitby that had "protective measures." Kirkton and Lock- wood earlier opposed a bylaw amendment, ap- proved by council in 1980, to allow a free- standing restaurant in the northeast corner. They appealed to the Ontario Municipal Board which ratified the plaza expansion. Van Haastrecht had applied for that zoning for a "steak and burger" restaurant, but then he sold his interests in the plaza to Strath- mar-Fidelity. Strathmar - Fidelity then tried to put a home fashion centre on the site instead of the restaurant. Application was made in 1982 for greater area to permit the centre, but then Strathmar-Fidelity lost interest in the property and van Haastrecht again became part owner. He argued that his current application is for a use that was originally approved in 1980. "We want to be treated like any other shopping centre in Whitby," said van Haastrecht of his ap- plication to rezone, which would allow him to establish a restaurant on the site. An eating establishment is now allowed only within a building in existence on the date the bylaw was passed - April, 1982. "What possible problem could there be with a food use on the corner?" he said to councillors. He said his proposal has met no ob- jection from the Corridor Area Ratepayers Associa- tion. The recommendation of planning department was that committee recommend the rezoning and site plan applications, bring for" ward a zoning bylaw amendment to allow an eating establishment as a use, and then authorize preparation of the necessary site plan agreement. Councillor Joe Bugelli first made a motion to approve the rezoning which he said permitted a use on the Kendalwood plaza property that is permitted in other plazas. "We can't treat one developer as fish and the other as fowl," he said. "I recognize there's been an .ongoing bat- tle...I don't think it ser- ves the interests of this council and com- munity." He then said he sup- ported all recommen- dations of the planning department. Councillor Gerry Emm said he was against the rezoning, noting that he had "dif- ficulty" with the ap- plication. He said the restaurant should have been located where the Brewer's Retail is now situated. Administrative com- mittee chairman, Mar- cel Brunelle, agreed that the application should be treated as any other shopping plaza, but agreed with Emm that he had concerns about the restaurant in the proposed location. PUBLIC NOTICE THE REGIONAL MUNICIPALITY OF DURHAM IN THE MATTER OF: The Municipal Act, Sections 298 and 301 (R.S.O. 1980) TAKE NOTICE THAT theCouncil of the Regional Municipality of Durham may pass by-laws authorizing construction of the following projects: ROAD ROAD NO. NAME 12 Cameron Street 26 Thickson Road 60 Wentworth Street MUNICIPALITY Brock LOCATION New culvert at Lot 16, Concession XII Whitby From Highway 2 (Dundas Street) to Crawforth Street plus Improvements at Thlckson Road - Dundas Street Intersection Oshawa Intersection with Cedar and Glen Streets Plans showing details of the projects and the lands affected may be seen at the office of the Road Design Engineer of the Durham Works Department, 105 Consumers Drive, Whitby, Ontario, Telephone 668-7721. Works Committee, being delegated by Regional Council as the hearing body, shall hear in person or by his or her counsel, solicitor or agent, anyperson who claims his or her land will be prejudically affected by the by-laws and who applies on or before February 13, 1987, to the undersigned to be heard at a meeting of the Works Committee on February 17,1987. Dated at Whitby this 14th day of January, 1987. G. Emm Works Committee Chairman W.A. Twelvetrees, P. Eng. Commissioner of Works "If I was living downwind of a restaurant, I sure as heck would be here ob- jecting," said Brunelle. Bugelli suggested that 'filter equipment be in- stalled to reduce smell, which • met approval from van Haastrecht. • But Emm and Three sections of scaf- folding, valued at $900 Brunelle rejected a zoning bylaw to allow the restaurant on the corner, which planning director Bob Short said would make the rezoning application "meaningless." A motion by Emm to approve the site plan w o m Scaffolding stolen from school were stolen from a con- struction area of St. subject to conditions was described by Bugelli as a "contrary recommendation." Af- ter the other two recommendations were defeated by Emm and Brunelle, Bugelli said committee Was "skir- ting the issue." He said councillors "shouldn't Pauls Catholie School during the weekend. cut the cloth to make it fit." Finally, committee denied the rezoning, and the restaurant. But ap- proved the site plan, or free-standing building, which is allowed on the site as it complies with existing zoning. Another phase at Lear-Siegler Lear Siegler, a year- old Whitby company which makes passenger car seating for General Motors in Oshawa, is now in the third phase of construction. The third phase is being built to accom- modate a main supplier of Lear Siegler, Wood- bridge Foam Ltd. Under an agreement between the two companies, Woodbridge is to be given a separate property in association with the third phase building. A public meeting was held last week for a proposed rezoning to allow the severance of the property. The com- pany is located off F or- bes St., in southeast Whitby. Lear Siegler intends to eventually connect the two buildings by a tunnel to make materials flow easier. Oneyear contra.et ratified A one-yea contrac Th}otatwihi A one-year contract offer, giving workers a $1.10 an hour raise within six months, has been accepted by workers at Lear Siegler. The workers voted 78 per cent in favour of the contract at a ratification meeting held Sunday at the UAW hall in Oshawa. The contract, which is the first agreement with the company, also gives workers a drug and den- tal plan and other benefits. They also received a $200 signing bonus. The company, and Canadian Auto Workers local 222 had been in contract talks sinep. Ocotber of 1986. They ~ had reached an agreement on Thursday through a provincial mediator, but the ratification vote was not held until Sunday. The CAW organized the workers shortly af- ter the company opened in Whitby last year. The raise brings an average wage for skilled trades to $15.10 an hour and the average wage for production workers to $11.10 an hour. Now get instant cash at almost any money machine in Canada! Now, more than ever, your TOTAL CardTM is ail you need when you need instant cash from your National Trust account. As a member of the Interac®, Circuit® and CIRRUS®Networks, your TOTAL CardTM can give you instant cash from over 16,000 money machine locations - virtually anywhere in Canada and the U.S.! But, as TOTAL Cardholders across Canada have dis- covered, the TOTAL Card TM offers much more. lits a TOTAL Money Machin io"Card.u Use it at any National Trust TOTAL Money MachineTM to get instant cash and account balance inquiries. In addition, you can make deposits and transfers. 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