Residents see no need for sidewalks in estate subdivision
Residents of the Master's Creek subdivision in Mono are protesting plans to install sidewalks on their properties, which they said would intrude on the estate lots they had purchased.
They say they were not aware that sidewalks are planned for the estate subdivision.
Mono's director of planning, Mark Early, counters that sidewalks had been in the development plans from the beginning in the subdivision, which is situated north of Cardinal Woods west of Highway 10.
Barb Witiuk, speaking on behalf of the residents at the last Mono council meeting, said they were "upset by sidewalks being imposed by the Town of Mono. Most residents purchased estate lots with the impression there would be no sidewalks."
Mr. Early points to the comprehensive subdivision agreement between the town and the developer, 1475934 Ontario Ltd., to back his contention that the residents should have been aware of the planned sidewalks.
According to the agreement, the developer was required to erect a "general land use sign" that would, among other things, map out "sidewalk layout."
The same agreement's subsection, "Agreements of Purchase and Sale," states as follows: The (developer) shall include in any agreements of purchase for the lots ... a copy of the plan, and with respect to sidewalks, a plan showing the location of sidewalks."
At the council meeting, Mr. Early reiterated that sidewalks have been in the plans "since day one" and said the residents must have known about it.
That prompted one of the residents to stand up, point to the large number of his neighbours in attendance and ask: "If we all knew sidewalks were there, why would we all be in this room, right now?"
Ms. Witiuk faxed a developer's plan to the Citizen which did not indicate any sidewalks. She also said the developer told her that she and her neighbours should sign a petition stating they didn't want them.
This seemed to surprise Councillor Laura Ryan. "This is my second term," she said. "and I have not heard of the developer having an issue with sidewalks."
Among the complaints the Master's Creek residents expressed was that the installation would result in, in the words of resident Ken Debruin, "sidewalks to nowhere.
"If there were sidewalks in (adjoining) Cardinal Woods that led to the park (at the intersection of Hockley Road and Highway 10), that would be different. We could walk right through. But there aren't, so what's the point?"
Deputy Mayor Ken McGhee spoke in favour of the sidewalks, stating safety and accessibility issues. A resident pointed out that she could not recall, nor heard of, an accident in Cardinal Woods, where most of the streets lack sidewalks.
Liability was another issue and council was of the consensus that the town would be at less risk if people were on sidewalks rather than on the road. There have been several Canadian case-law precedents, however, concluding that municipalities are responsible for the upkeep of sidewalks and liable for injuries caused by lack of proper maintenance.









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