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
(City Council on October 1 and 2, 1998, deferred this Clause until its next regular meeting to
be held on October 28, 1998.)
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(Clause 32 of Report No. 9 of the North York Community Council)
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.
