GIVE US YOUR STORY
This is our Story, Please share your Story.
watersheddebacle@gmail.com
JANES LANE HISTORY:
The original property of 400 acres was purchased under the Homestead Act by Mr. Henry Janes. The property was later split into several parcels, one of which is now known as 2715 Janes Lane and is owned by John Tait and the family of Toronto. Janes Lane remains a private road, servicing the twenty-six individual private properties on either side of Janes Lane. The lane runs from 17B to the lower west end of the original property. The property is shared in the history of Matchedash Township. It lies on the south edge of the Precambrian Shield south of the Severn River. It was logged by the Georgian Bay Lumber Company in the late 1800 s and early 1900 s. for mostly white pine. Evidence and history indicate that fire had ravaged the property leaving many charred stumps visible today. Henry Janes planted two areas on the property with white and red pine. One area in the central portion and another stands just to the north of the sand pit. (See below) Henry Janes was sold to Brian and Carolyn Lye. Brian and Caroline sold a significant amount of lumber to Schukmecht logging of Hanover.
Brian and Carolyn Lye had pursued by-law 874/81 which was passed on the 9th of November 1981 allowing the construction of a residence in the prescribed zone. This by-law attachment is now under review for unforeseen circumstances that would deprive the neighbors of their right to emergency services. Brian and Carolyn Lye sold to Fred Iannicelli who in turn sold to the Tait family.
SAND PIT (UNNATURAL SEASONAL PONDING)
Before the plan of subdivision by Mr. Henry Janes, and the Township of Severn agreed, Mr. Janes opened up a sandpit on the east side of Janes Lane, in the 1960s, and is now on the property of John Tait. There was an agreement and consideration for the supply of the sand to the Township for construction on 17B. Judging by the size of the pit it would be under the purview of the Township, referred back by the MNDM but still registered, by law, in the Ontario mining log. It was not. A payment schedule should be on file based on the bills of laden. The only response to a FOIA request was a large quantity of construction contracts for the busy 1965 era. I am unaware that an application had been filed to open the pit as it was not in the legal mining registry with the MNDM. In any case, I believe that an MRIR Reg.240/00 schedule 1 may not have been issued to close the pit. That is a requirement from the MNDM. Lack of concern or an oversight?
MACLEAN LAKES ESTATES – STILL IN EFFECT: NO OFFICIAL CANCELLATION
On the 19th of January 2006, I attended an arranged meeting with the council. This was regarding the “Maclean Lake Estates” proposal. (SEE THE FILE) This proposal is still in effect. We have received no negative or positive response to date. Oversight? In the interest of that proposal and clarity regarding John Tait’s driveway Mr. David Scott, the chairman, searched the title and found no claim from anyone about my driveway. (SEE THE LETTER)
At the meeting, we were advised that the proposal was to be reviewed at the council level, without OMB involvement at this time. John Tait spoke with an OMB representative and there was no mention of the environmental greening of the property or any mention of the “watershed” study at that time. The OMB referred me back to the local council. The term watershed was not a term used at all by locals. The man-made sandpits were just zoned hazards. Why?
There was support from some members, and others were on the fence. Our counselor gave us a thumbs up. We never received any official confirmation of a yes or a no for our proposal and no counter-proposal. Mr. David Scott had sent us a letter requesting that we submit an environmental study. Mr. Scott supplied us with a surprisingly broad guestimate of 50 to 100 thousand dollars for the study. (SEE LETTER)
Very strange request because a study must have been done already to allow that by-law attachment on Janes Lane. The eco study had to have encompassed the area between the by-law zone and the man-made sand pit which was labeled “hazard” at purchase. Oversight maybe?
In the meantime, while in limbo, and realizing the possible underlying intent of the foregoing, I left our driveway open for the safety and convenience of my neighbors, while we reviewed this quagmire. (see our recent proposal).
STORAGE SHEDS
This dilemma finally resulted in an actual contract between my family and the North Shore residents and it still stands today. (SEE CONTRACT)
Until the proposal for the “Maclean Lake Estates,” we were unaware of just how crucial it was for our neighbors to have this driveway remain open. In case we have to terminate the contract and build in that area we have issued an affidavit to protect us from any liability.
(An affidavit exists today regarding the liability transfer to emergency services and planning see below)
PRE-WATERSHED STUDY
We had an independent professional environmentalist, familiar with the area furnish us with an “opinion” on the water run-off along Janes Lane. This watershed, as we know it now, is at the back of the property and not along Janes Lane. It is certainly not north of the pit and over to the by-law zone. This fact would be obvious to anyone who has walked Janes Lane in the area of contention and observed the dry surface.
This opportunity was afforded to the senior planner who showed zero interest in an email. She spoke for the planning in general. In keeping with their lack of concern. A second “opinion” was from an environmental group claiming to act for the Township itself. The representative confirmed that eco-information. The lady was requesting permission to enter my property to study the “watershed”. She advised me that she would not bother me because the watershed was at the back. She was correct. I advised her at the time to make themselves at home on my property BUT in return, I would like a copy of that report.
I never heard back and the term “watershed study” never arose until recently. Not a report, nothing, until our senior planner told me that I could do NOTHING with my property. Certainly in keeping with a lack of transparency and concern.
FILLING IN THE SANDPIT:
The only area of concern was the man-made sand pit which was an unnatural breeding ground for mosquitos and labeled at the time of the Tait purchase as a “hazard zone”. The only place along the road allowance that would be questionable.
In October 2014 I had the opportunity to fill in the pits with about 500 loads of clean lab lab-tested and approved soil. Engineers from Toronto Zenith Ltd were required to move earth from the new Duckworth Street mall in Barrie. I had associates with Zenith who worked with me to relocate this soil and close the pit. This fill would have been ideal to fill the pits. Zenith engineers dealt with Chief Eng. Andre Phyfe. The gentleman tried but could not accommodate out-of-county soil. Andre advised me that a local school was being constructed within the county and he would find out if the soil was spoken for. Unfortunately, it was. So the pit is still there. I had left this offer open in case another opportunity arose. No action from concerned authorities.
ANTICIPATED BUILD
During all this time I was busy stockpiling lumber and material on the sand pit for my anticipated build. The only build was that drive shed and then a second shed, on the sand pits, both for storage of tools and building materials. Tools and materials were breeding as was viewed by officers Cody Henderson and Simon Lohoar. The drive shed was there for about 10 years and the second shed was about 8yrs. I had put up a fence along the pit ridge. Senior planner Katie Mandeville addressed the sheds following her review of the property, which was done from the comfort of her office deck.
PRELIMINARY PROPOSAL, SEEKING ADJUSTMENT TO THE EXISTING BY-LAW
As per my previous submissions to planning. My family is willing to relinquish the existing building by-law as described, in exchange for a new by-law attachment. We would deliver the North Shore residents the safety that they deserve and the Tait family an opportunity that they would not have in Toronto. It’s a win for first responders, the North Shore, the Taits, and the tax department. We believe that this is a simple sense solution to a long-endured headache. If everyone is on board no one needs to be concerned about the safety of residents and liabilities. So far in keeping with their lack of concern.
Respectfully Submitted.
John Tait and Family
THE TAIT FAMILY ADVISORY, AND NOTICE TO SEVERN OFFICIALS
The Tait family are the owners of a property known as 2715 Janes Lane in Severn Township. Janes Lane is a private road. (see documents).
The Tait family, on several occasions, have attempted to sever some lots for investment purposes, as shown in the documents contained in this notice.
Development by a deeded by-law attachment to the Tait property would close off the Tait driveway. This action would deny our emergency services timely access to the North Shore residents.
At a preliminary level, we invited officials to support the solution. This is in keeping with OUR ongoing due diligence. These government officials appear to have avoided any attempts to put forth recommendations that would serve and protect the community at large. Officials are ignoring THEIR mission statements. This evasive attitude only hampers the efficiency and safety of our frontline responders who would be working against the clock.
The officials, named within, have denied any responsibility for the taxpayer’s peaceful possession of their property. This position completely ignores their mission declarations. (see documents)
As shown within this instrument, by official communication, the Tait family in conjunction with the North Shore Corporation has attempted to negotiate a deal with the township which ensures the safety of the neighboring community known as the North Shore Corporation. The Tait family would negotiate a fair barter with the planning department and deed a right-of-way along that driveway to the North Shore Road. We thought this would be a no-brainer.
As shown by the contained documents, the residents within this corporate community, particularly those in the most southerly point of this private road, are faced with life and real property concerns.
If the Tait family is forced to disregard our neighbor’s dilemma, as the following named officials have done, we, the Tait family, are waiving our responsibility to any North Shore Corporation litigation in the future, that may be incurred as a result of untimely emergency service that results in death, grievous bodily harm, or property loss.
We have done our due diligence by offering a simple solution therefore any final decision that may be rendered by a court of law will be based on our submission of documentation.
This notice will be delivered to the appropriate policyholders and their Insurance representatives, should litigation ever become a factor. This is not of immediate concern, as we do have a safety contract in place with North Shore pending resolution.
TORT NEGLIGENCE
“When the evidence shows that a lacuna in professional practice exists by which risks of grave danger are knowingly taken, then, however small the risk, the court must anxiously examine that lacuna—particularly if the risk can be easily and inexpensively avoided. If the court finds, on an analysis of the reasons given for not taking those precautions that, in the light of current professional knowledge, there is no proper basis for the lacuna, and that it is not reasonable that those risks should have been taken, its function is to state that fact and where necessary to state that it constitutes negligence. In such a case the practice will no doubt thereafter be altered to the benefit of patients/victims”
The following officials were duly notified on the dates specified by the documents herein.
- The Senior Planner for Severn Ms. Katie Mandeville
- The Orillia Mayor Mr. Steve Clark
- The OPP Superintendent Mr. Coyer Yateman
- The Senior Planner for Severn Andrea Woodrow
- The Severn Fire Chief Mr. Tim Cranny
- Simcoe Paramedic Services Chief Mr. Andrew Robert
- Current Mayor of Severn Mike Berkett
By this instrument, the Tait family (named below) acknowledges the documented facts surrounding the circumstances, and the family’s attempts to rectify the situation.
We the undersigned, claim zero negligence or responsibility in the face of a tragedy. Should this situation turn into a civil action the above document will become a sworn affidavit for plaintiffs and insurance companies.
Join our info list