March 10, 1998

 To:North York Community Council

 From:George M. Dixon,

City Solicitor, North York

 Subject:Construction Noise - Request for Exemption - PCL Constructors Canada Inc. - 5075 Yonge Street in the Community of North York, Ward 10

 Purpose:

 To report on an application received from PCL Constructors Canada Inc., requesting an exemption to North York Noise By-law No. 31317, as amended.

 Financial Implications:

 There are no financial implications for the City.

 Recommendation:

 It is recommended that the request for an exemption to the North York Noise By-law No. 31317 be approved.

 Background:

 The former City of North York enacted Noise By-law No. 31317 on October 17, 1990 being a by-law to ensure an environment free from unusual, unnecessary, or excessive sound or vibration which may degrade the quality and tranquillity of life or cause nuisance.

 Discussion:

 The subject property is located on the north-east corner of Hillcrest Avenue and Yonge Street in the area north of Sheppard Avenue East. An office building on the property is currently undergoing renovations. The offices are being used seven days a week and consequently jack hammering during the renovation will be too noisy for the tenants. Accordingly, the applicant is requesting permission to work until 10:00 p.m. from April 6, 1998 to May 29, 1998 in order to complete alterations to the existing concrete structure in a timely fashion. The applicant has indicated that they will @... try to minimize the work and complete it as soon as possible so as not to inconvenience anyone for a longer period than necessary.@

Section 3 of North York Noise By-law No. 31317 states:

 AProhibition by Time and Place

 No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule AB@ hereto if clearly audible at a point of reception located in an area of the municipality within a prohibited time shown for such an area.@

 The >...point of reception...= in this case would be the residential properties to the south and east of the subject property and consequently, the operation of any construction equipment is prohibited as follows:

 All day Sundays and Statutory Holidays

7:00 p.m. one day to 7:00 a.m. next day.

 Conclusions:

 It is recommended that the request for an exemption to North York Noise By-law No. 31317, to permit construction equipment to operate until 10:00 p.m. be approved subject to the following conditions:

 1. In the event complaints concerning construction noise after 7:00 p.m. are received by the By-law Enforcement Division, the exemption to 10:00 p.m. be rolled back to 9:00 p.m., and

2. The exemption to the hours of work apply Monday to Saturday only.

  Contact Name:

 David Roberts, Director of By-law

Enforcement Services, North York

Civic Centre, 395-7020 Fax 395-7056

E-mail: Dave@City.North -York.on.ca

George M. Dixon

City Solicitor, North York