Residents request compensation for developer's lies

Residents of the new development on Stonehenge and Raymond, behind Redeemer, have accused Landmart homes of selling them their homes under false pretences. Residents say that they paid a premium to Landmart Homes after being assured that the green space at the back of their properties would be preserved; however, since the homes were built, the large woodlot behind the subdivision was completely bulldozed.

Two residents on Chambers Drive challenged the development at the Hamilton planning committee meeting last week. David Di Stephano and Doreen Carey both say that Landmart intentionally misled them. “When we purchased our home, we were one of the people told that there was going to be no development behind us, and we were led to believe that we were paying a premium for that lot,” Di Stephano told the committee. “There are numerous people on that street that were all told the same thing and were told that they were paying a premium within their home price for that.” At the meeting, Di Stephano was surprised to learn that the area behind his house (and in fact, the entire area surrounding Redeemer) has been earmarked for housing since the 1990s.

Doreen Carey reported a similar situation with her negotiations with Landmart. She was initially told she could not pick a lot on Chambers Drive but the salesperson relented when she threatened to walk out. “I was about to leave, and he [the salesman] came back and said okay, you know what, we’ll give you a lot on Chambers, but you have to pay $10,000 extra because that’s premium lots and it’s a greenbelt behind it,” explaining that she paid the extra money because she was attracted by the large trees along the back of the property.

City councillor Brad Clark was empathetic with the residents’ complaints and encouraged them to take legal action. “I hope and pray that one day there’s a class action suit where people are made these promises and the entire neighbourhoods says, well that’s enough, because we get it all the time, and the city can’t deal with it, we’re too busy.” Another committee member, Brian McHattie, suggested that residents contact the local Ancaster councillor, Lloyd Ferguson.

Defending the housing company, John Ariens of Landmart said the lands “were already zoned for townhouses” before any of the homes on Chambers were built. “They’re not green space. It’s not a woodlot.” He thought that the extra costs were charged for some Chambers Drive homes because of the lots were larger and came with more amenities like walkouts and lookouts. “That’s why premiums were paid for these lots – because of the lot depth, the topography accommodated walkouts and lookouts, and with lookouts you have the larger windows and basement, and window wells in the staircases. That’s why premiums were paid, not because they backed onto parkland or anything like that.”

Resident Carey responded, “My home is not a walkout; it’s a bungalow, and my property is not an extra large lot either - that’s false,” she declared. “And I did negotiate in the office and I was told by the Landmart sales person the information I’ve just given you.” Di Stephano also refuted Ariens’ claim, explaining that he had been turned down the walkout because of grading. “All these little add-ons were not included because I had a premium lot. They were all things that I had to pay for.”

Other Chambers Drive residents submitted a letter to city planning staff, which focused on the same issues. Peter and Lucy Filice wrote that discussion with their neighbours confirmed that they believed “that there were no plans for future development” behind their properties. “We are asking that we, the homeowner, be compensated in monetary value for the ‘lies’ that we have been told by the builder,” says their March 25 email to city planning staff. The committee approved Landmart’s subdivision application.

Pearson advised the aggrieved residents that “if you wish to take it further it’s actually a civil matter” and not something the city can address. Please share your concern for the present and future residents and green space of Ancaster with Ancaster councillor, Lloyd Ferguson.

* source of facts and quotations: Citizens at City Hall (www.hamiltoncatch.org)