B E T W E E N:
KAREN & JIM LOGAGIANES
- And -
LAKE WASEOSA RATEPAYERS ASSOCIATION
(Hereinafter "the LWRA")
WHEREAS LOGAGIANES filed separate applications for consent to create a total of three (3)
shoreline residential lots (the “LOTS”), which applications were approved by the Town of
Huntsville Committee of Adjustment;
AND WHEREAS DWAYNE VERHEY, in his capacity as President of the LWRA did, solely on
behalf the LWRA, appeal the decisions of the Committee of Adjustment to the Ontario
Municipal Board (the “OMB”);
AND WHEREAS LOGAGIANES and the LWRA deem it reasonable, appropriate and expedient
to avoid any necessity for an OMB hearing by entering into this Agreement.
NOW THEREFORE IN THE CONSIDERATION OF THE SUM OF TWO DOLLARS ($2.00)
mutually exchanged, LOGAGIANES and the LWRA do agree as follows:
1. LOGAGIANES agrees to not make an application for a zoning by-law amendment or a
minor variance that would have the effect of reducing the present minimum easterly side yard
setback of 10 metres and minimum 6 metre deep vegetative buffer on the most easterly of the
2. LOGAGIANES agrees that the private road that is to be constructed to provide access to
the LOTS shall have:
a. A minimum road surface width of 6.1 metres and 1.2 metre wide shoulders;
b. A minimum grade of 0.5%;
c. A maximum grade of 12%;
d. Minimum intersection radii of 8 metres; and
e. A minimum cross-fall of 2.5% so as to accommodate surface run-off.
3. LOGAGIANES agrees that no additional application for consent to create a shoreline
residential lot will be filed with the Huntsville Committee of Adjustment so long as Jim
Logagianes and/or Karen Logagianes have an ownership interest in any of the lands adjacent
to the LOTS, except as next described.
4. Notwithstanding the preceding clause, the LWRA agree that LOGAGIANES may file an
application for a consent for the purpose of severing their existing dwelling located at 1479
South Waseosa Lake Road. LOGAGIANES acknowledge that any such application is to be
evaluated on the planning merits and that, in so agreeing herein to such application, the LWRA
has not, in anyway, forsaken its right to comment to the Committee of Adjustment, either in
favour of, or in opposition to, such application.
5. LOGAGIANES agrees to forthwith donate the sum of One Thousand Dollars ($1,000) to
the LWRA, which funds are to be used by the LWRA only to assist with the testing or monitoring
of lake water quality and/or to assist the LWRA in having provisions of its Lake Plan
incorporated into the Official Plan of the Town of Huntsville.
6. That upon the execution of this Agreement, the LWRA will forthwith withdraw the current
appeals to the OMB and to the extent that there may be any question that the current appeals
were not made by DWAYNE VERHEY solely on behalf of the LWRA, the LWRA agrees to
secure a letter addressed to the OMB from DWAYNE VERHEY withdrawing the appeals before
the LWRA signs this Agreement.
7. Upon receiving notice from the OMB that the Hearing scheduled for November 20th, 2014
has been cancelled, an executed copy of this Agreement will be provided to the Town of
Huntsville Planning Department for its files.
8. The LWRA and LOGAGIANES each agree that time is of the essence and so, to come
into effect, this Agreement is to be signed by both parties and delivered to the other party
before noon on Monday November 3rd, 2014.
(THE REMAINDER OF THIS PAGE HAS INTENTIONLY BEEN LEFT BLANK)
DATED at Huntsville this _______ day of _______________, 2014.
By Jim Logagianes
By Karen Logagianes
LAKE WASEOSA RATEPAYERS