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May 5, 1998
To:North York Community Council
From:George M. Dixon,
City Solicitor, North York
Subject:Construction Noise - Request for Exemption - Surentec. Inc. - Sheppard Centre - North-east corner of Yonge
Street and Sheppard Avenue E. in the Community of North York, Ward 10
Purpose:
To report on an application received from Surentec 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 refused.
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 Yonge Street and Sheppard Avenue E. and contains a multi use
(commercial/office/residential) development. The property is undergoing re-development and the applicant is requesting
permission to continue working after 7:00 p.m. and to do so until October 31, 1998 in order to complete alterations to the
complex. The applicant advises that the A...mixed functions severely restrict the ability of the owner to re-develop the
facilities...@ .
Since the fall of 1997 North York=s By-law Enforcement office has received noise complaints from nine citizens who live
in the vicinity of the complex. Currently there is a charge before the Courts alleging a violation of the noise control by-law
and the matter is scheduled for trial on June 12, 1998.
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 east and north of the subject property and
therefore, 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 would appear that the owner and contractor have allowed construction work to continue contrary to the by-law
notwithstanding having been advised by our by-law enforcement staff that area residents are being disturbed by the noise.
Accordingly, it is recommended that the request for an exemption to North York Noise By-law No. 31317, to permit
construction equipment to operate after 7 p.m. be refused.
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
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