Grimsby residents say they feel "blind-sided" by Grimsby Council after the town decided to compromise with a local developer on applications approved by the Ontario Municipal Board this week.

OMB member Mary-Anne Sills approved the Westbrook Subdivision proposal Tuesday, on the second day of a hearing at Grimsby Town Hall. The new plan will permit construction of 107 single-family dwellings and 123 townhouse units, including three-storey units and back-to-back units.

Sills said she was able to make her decision because none of the issues that were presented by residents Monday outweighed the testimony by expert planners.

"I am compelled to make my decision based on planning evidence," she had said Monday.

During the opening day of the hearing Monday, residents expressed their discontent over what Town of Grimsby solicitor Tom Richardson called a "compromise" between the town and Losani Homes for the Westbrook Subdivision proposal.

At the beginning of the hearing, Richardson said the town, after meeting in closed session July 10 and 17, "has agreed to a modified plan" which is different than what Council passed at its June 2 meeting. It was actually modified from the original plan submitted in March.

Richardson noted that is because Losani Homes appealed the original proposal for the subdivision, which will fill the 27-acre property, which formerly housed Westbrook Greenhouses, between Livingston Avenue and Main Street West.

While the original plan was submitted for the appeal, solicitors for Losani Homes and town solicitors came to an agreement last Thursday night with revisions to the plan. Revisions included: building a .38 hectare park at the south end on Main Street and keeping a .567 hectare park near the north end of the development with a storm water management pond; creating minimum requirements (15 ft. in width, 36 ft. in depth) for the size of the lots on the east of the subdivision adjacent to Garden Drive; allowance for the width of some streets to be reduced to 18 metres at some points; and permission to build the three-storey townhouses and back-to-back townhouses in the medium-density zoned area near the north of the proposal (internal to the development -- not along Livingston Avenue).

Called as a witness, Grimsby Planning Director Keith Vogl described the proposed plan as representing "good planning" -- complying with Official Plan policies with amendments and satisfying provincial policy statements and plans.

"In our view, it respects all of the abutting properties," said Vogl.

On Monday, residents were provided the opportunity to speak as participants and express the direct impacts the subdivision would have on them.

In addition to expressing concerns about traffic, density and compatibility, as they have during past meetings as part of the planning process, residents also blasted Council for coming to an agreement with Losani Homes.

"We as residents are not sure what the plan looks like today," said Terry White, expressing his concern over the little time residents were provided to prepare for the hearing.

While Sills said she understands how the residents feel, but noted in the end a decision comes down to expert advice -- not opinions and feelings of the residents. She actually commended the residents for their passion, but noted they had adequate opportunity to express their views and opinions.

During Council Monday night, Ald. Nick DiFlavio clarified the town did not make any decisions in its closed meetings. They were simply seeking legal advice on the issues.

In the end, said Mayor Bob Bentley in an interview following Council, the town needed to follow the advice from its legal professionals. They needed to be cognizant, he said, that it was felt the plan represented "good planning".

"You have to take the emotion out of it. You have to rely on technical expertise available and it has to be defendable," Bentley said.