Item - 2022.TE31.29

The Toronto and East York Community Council:

1. Refused the application for the noise exemption permit application submitted by MOD Developments Inc. for construction noise related to the development located at 55 Charles Street East.

The matter before the Community Council is an appeal application for a noise exemption permit submitted by MOD Developments Inc., for general construction activity including the loading and unloading of material, operation of construction equipment, use of power tools and devices to perform construction, and operation of motor vehicles.

The project, located at 55 Charles Street East, Toronto, also known as 55 Charles Bloor Yorkville Residences, is a 48-storey condominium.

The noise exemption permit was requested to expedite the overall completion of construction activity and mitigate the long term exposure of construction noise to the neighbouring community.

The noise permit is specifically requested to remove the restriction of bylaw § 591-2.3.(1), which restricts noise between 7am and 9am on Saturdays only.

The application was refused by Municipal Licensing and Standards (ML&S) on the basis of the Ward Councillor's objection.  The applicant has appealed the refusal.  

As required for the appeal process, this staff report provides information to assist in the decision making for which Toronto and East York Community Council has delegated authority from City Council to make a final decision, namely a final decision under Toronto Municipal Code Chapter 591, Noise (Noise By-law) to either grant or refuse a noise exemption permit application given the appeal.

If the Community Council grants the noise exemption permit application, it is subject to the conditions set out in § 591-3.2.D of the Noise By-law, unless the Community Council determines otherwise, and to any other conditions respecting health, safety and nuisance as the Community Council considers advisable.