Noise By-law Exemption - Surentec Inc. -

Sheppard Centre - North-east corner of

Yonge Street and Sheppard Avenue East -

North York Centre

 The North York Community Council recommends the adoption of the following report (May 5, 1998) from the City Solicitor, North York, and that the request for an exemption to the North York Noise By-law No. 31317, be refused:

 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:

 A.All day Sundays and Statutory Holidays

B.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 395-7020

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 Mr. Michael Hackl, Kerzner, Papazian, MacDermit, Barristers and Solicitors, and Mr. Glen Schabler, Project Manager, Surentec Inc., appeared before the North York Community Council in connection with the foregoing matter.