5.REQUEST FOR EXEMPTION FROM NOISE BY-LAW IN CONJUNCTION WITH THE RESURFACING OF ARTERIAL ROADS IN THE

CITY OF TORONTO, WARD 27, YORK HUMBER.

(a) Eglinton Avenue West from Black Creek to intersection at Weston Road ; and

(b) Rogers Road from Old Weston Road to Weston Road North (intersections of Rogers Road at Old Weston Road, Keele Street, and Bicknell Avenue).

  Commissioner , Community Services Department, York Civic Service Centre

(April 28, 1998.)

Purpose:

To allow the existing road surfaces to be removed and roads to be resurfaced with a minimal disruption to a large number of commuters using these major arterial roads.

Funding Sources, Financial Implications and Impact Status:

No funding required nor are there any financial implications.

Recommendations:

That an exemption from the Noise by-law be granted to the Transportation Department, Construction Branch, City of Toronto from 7:00 p.m. to 6:00 a.m. from (a) April 20,1998 to August 21, 1998; and (b) August 31, 1998 to December 4,1998.

Background:

Required maintenance and repair are necessary at the above mentioned intersections. Each intersection requires an exemption from the Noise by-law between 7:00 p.m., Friday to 6:00 a.m., Monday for two successive weekends between April 20, 1998 and August 21,1998 also August 31, 1998 and December 4, 1998. The exemptions will allow removal of the existing pavement to a depth of 125 mm or to the concrete road base, paving with base asphalt during the first weekend, adjustment of maintenance hole frames and covers during the week between rush hours, and surface paving the following weekend. A third weekend may be required due to inclement weather or equipment breakdown. The request is not specific as to the exact weekends for which the exemption is requested. However, the contracts commence on (a) April 20,1998 with an anticipated completion date of August 21, 1998 and (b) August 31, 1998 with an anticipated completion date of December 4, 1998. The weekends on which the exemptions would be used would fall between those respective dates. The reason for the request is to permit resurfacing of the roadway with a minimum disruption to commuter traffic in each of the two areas.

Discussion:

The City of York=s Noise By-Law No. 3453-79 specifically provides that Council may grant an exemption from any of the by-law provisions. The exemption may be for any specified time not in excess of six months and may be made subject to terms and conditions set by granting an exemption, Council is required to obtain a report from the Commissioner of Community Services. The report is to set out an opinion on the merits of the application and recommendations as to terms and conditions which should be imposed upon the applicant.

I have reviewed the request for an exemption and am of the opinion that the exemption should be granted. Rogers Road and Eglinton Avenue West are major arterial roads and it is a reasonable request that major repairs be done when the disruption caused by them will be minimized. There is no recommendation for special terms or conditions to the exemption. Most of the buildings fronting along Rogers Road are commercial with apartments above and a large portion of the area from Bicknell Avenue to Weston Road has very few buildings fronting on Rogers Road. The Eglinton Avenue West location between Black Creek and Weston Road is primarily unoccupied and as it is unlikely that any one property will be affected by noise for any inordinate length of time

City Wide Issues:

None.

Conclusions:

It is reasonable to grant the exemption from the noise by-law provisions, as requested by Metro Transportation.

Contact Name:

Douglas Jack

Director of Municipal Standards

York Civic Service Centre

Telephone: 394-2533

Fax: 394-2904

Two letters dated March 13, 1998 and April 2,1998 fromToronto Transportation Department.

(Copies of the two letters, referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the York Community Council meeting of May 27, 1998, and copies thereof are on file in the Clerk's Department, York Civic Service Centre.)