Construction Noise - The Majestic Condominium -
20, 24, 26, 30 and 32 Empress Avenue and
11, 15, 17 and 21 Kingsdale Avenue -
Performance Bond - North York Centre
The North York Community Council recommends that:
(1)the City By-law and Building Inspectors be directed to monitor the Majestic Condominium site for offences to
the Noise By-law, as well as other by-law and building code infractions; to lay a separate charge each time a
violation is observed; to report back to North York Community Council when there are violations;
(2)the building permit not be issued and that the applicant be requested to meet with Councillor Filion and
Councillor Gardner to work out a solution to the noise problem; and that staff defend the City's position in the
event that legal action is taken on this recommendation; and
(3)the By-law Review Committee, when considering amendments to the Noise By-law, take into consideration all
possible measures to strengthen the by-law in order to make it easier for charges to be laid.
The North York Community Council reports, for the information of Council, having deferred sine die, the following
Resolution by Councillor John Filion, North York Centre:
WHEREAS in March 1997, the Council of the City of North York approved the development of a 23-storey, 269 unit
residential development at 20, 24, 26, 30 and 32 Empress Avenue and 11, 15, 17 and 21 Kingsdale Avenue (The Majestic
Condominium) and enacted By-law No. 32948; and
WHEREAS a Development and Site Plan Approval Agreement was executed between the owner and the City of North
York, which included conditions of Site Plan Approval to be satisfied prior to building permit issuance; and
WHEREAS one of the conditions of Site Plan Approval requires the owner to submit final drawings incorporating revised
details to the satisfaction of the Commissioner of Planning, in consultation with the Ward Councillor; and
WHEREAS a community meeting was held on June 29, 1998 with the participation of planning staff, representatives of the
community, and the applicant, during which community representatives expressed their concerns regarding construction
safety, traffic, and noise after 7:00 p.m. and before 7:00 a.m.; and
WHEREAS the applicant has already greatly upset area residents with illegal construction noise at this site prior to the
issuance of a building permit; and
WHEREAS the applicant has a history of disregarding the City's Noise By-law and existing deterrents have been
unsuccessful in changing this behaviour;
NOW THEREFORE BE IT RESOLVED THAT in order to address community concerns regarding potential Noise By-law
infractions during the construction of the building, the North York Community Council requests the applicant to post a
Performance Bond with the City of Toronto in the amount of $50,000.00 as a condition of the issuance of the building
permit, and that the bond only be drawn upon for each conviction of Noise By-law infraction during construction, in
increments of $10,000.00; and
BE IT FURTHER RESOLVED THAT the letter of credit be returned to the applicant following construction if no notices
of violation or court dates are pending.
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The North York Community Council also reports having had before it a communication (September 2, 1998) from Mr.
John M. Alati, Davies, Howe, Partners, Barristers and Solicitors, Solicitors on behalf of Grape Arbour Construction Ltd.,
the owners of the subject lands, advising of his client's concerns and intention to address the North York Community
Council when this matter is dealt with.
Mr. John M. Alati, Davies, Howe, Partners, Barristers and Solicitors, Solicitors on behalf of Grape Arbour Construction
Ltd., the owners of the subject lands, appeared before the North York Community Council in connection with the foregoing
matter.