Item - 2023.TE4.28

The Toronto and East York Community Council:

1. Granted the application, until April 1, 2024, subject to the conditions set out in § 591-3.2.D of the Noise By-law, and the following additional conditions:

a.  no construction noise is permitted before 6:30 a.m. on weekdays and 8:30 a.m. on weekends and holidays, or after 11:00 p.m. on evenings;

b.  noise from staff entering the premises and preparing for work is permitted between 6:00 a.m. and 6:30 am on weekdays and 8:00 a.m. to 8:30 am on weekends and holidays, taking all practicable measures to minimize noise;

c.  the noise produced by cranes and pumps on site shall be reduced by use of electric-powered equipment only, except that combustion-based equipment may be used for a task when no electric-powered equipment is commercially available at the time required;

d.  by May 17, 2023, the noise produced by the man-material hoist shall be reduced by modifying the hoist to reposition the motor on each cab and installing sound attenuating shroud/blankets around the motor(s) or equivalent noise attenuation measures approved by the Executive Director, Municipal Licensing and Standards;

e. real time sound monitoring meters shall be operated 24 hours a day/7 days a week at the perimeter of the site, and, where permitted, on adjacent buildings, in locations approved by the Executive Director, Municipal Licensing and Standards, to ensure that sound levels do not exceed 85 dBA for sensitive receptors, and to provide real time notice to the construction team; in the event of an exceedance, the exceeding activity must cease immediately;

f. when neighbours complain of adverse effects from noise, the applicant shall check the real time sound monitoring meters as soon as possible so that remedial measures can be taken if necessary;

g. noise from the following sources is not permitted after 9:00 p.m. on any day:

1.  truck unloading;

2.  bobcat operation;

3.  concrete trucks backing up;

4.  deliveries with any vehicle with a reverse beeping alert;

5.  garbage removal; and

6.  bolting and torquing (structural steel);

h.  noise from installation of formwork shall be reduced by enclosing all formwork behind ACS sound/wind screens while it is installed;

i. evening noise from concrete pours shall be reduced by initiating such pours prior to 3:00 p.m.; if, due to exceptional circumstances, the applicant wishes to continue emitting noise from a concrete pour after 9:00 p.m., the applicant will give the Ward Councillor and the Community Liaison Committee prior written notice explaining the exceptional circumstance:

j. noise from concrete truck queueing shall be minimized by monitoring, tracking and scheduling concrete trucks using a delivery management app, and concrete trucks shall continue to queue on Yonge Street;

k.  noise from delivery truck queueing shall be minimized by employing a shipping logistics manager dedicated to organizing “just in time” and scheduled deliveries;

l.  noise from formwork installation (banging/hammering/etc.), installation of reinforcing steel, placing of concrete, and finishing of concrete shall be reduced by installing a perimeter enclosure (ACS) around the tower structure at the active construction level, and enclosing 4 trailing levels below;

m.  noise from the installation of windows at the perimeter of the tower and the installation of the metal siding systems at interstitial mechanical floors shall be reduced by installing a perimeter enclosure (RCS) around the tower structure at the level where the windows are being installed, and enclosing 4 trailing levels below;

n.  noisy deliveries shall not take place after 7:00 p.m. or on Sundays or holidays; and

o.  the applicant must reduce noise from the concrete pump and hopper by installing a noise mitigation enclosure that encloses the concrete pump and hopper unit on the top and on all four (north, south, east and west) sides:

1.  a temporary insulated wood enclosure must be in place by April 17, 2023;

2.  the temporary enclosure must be replaced by a permanent noise reduction enclosure, no later than May 17, 2023, with the following characteristics:

A.  the walls of this enclosure shall be located as close as possible to the edges of the existing walled-off area on Balmuto Street;

B.  the roof shall be as low as is feasible above the concrete pump, and along with the enclosure east and west walls shall extend overtop of the concrete hopper, at least 1 metre past the north edge of the concrete hopper;

C.  the surfaces of this enclosure shall be constructed without any cracks or surface gaps;

D.  where penetrations are required, such as for the concrete pipes on the south side, these openings shall be cut back to ensure no rigid contact is made between the pipes and the enclosure; these openings shall remain as small as possible while still avoiding rigid contact;

E.  direct openings facing 35 Balmuto Street shall be avoided or further shielded;

F. the material used to construct this enclosure shall have a surface density of around 24 kilograms/square metres to ensure a strong transmission loss around the 400 Hz frequency band, or equivalent noise attenuation material approved by the Executive Director, Municipal Licensing and Standards;

G. the north side of the enclosure may be covered with a mass loaded vinyl curtain; and

H.  a mass-loaded vinyl material or another nonrigid material or sealant shall be placed in the opening between the enclosure walls and the penetrating pipes to reduce noise through the penetration.

1 Bloor Street West is an 85 Storey condominium. 

The matter before the Community Council is an appeal application for a construction noise exemption permit submitted by Mizrahi Development Group (The One) Inc. through their solicitor Dentons Canada LLP. The application requests construction activities to between 5:00 am to 11:00 pm from Monday through to Sunday and statutory holidays. The requested hours outside the bylaw time limits are to conduct low-noise activities (concrete-pouring and crane operation (electric crane, minimal noise), no jackhammering or demolition). The application further seeks exemption from the Noise Bylaws Loading and Unloading time limits, to allow for loading and unloading operations outside of the allowable time limits as per Section 2.4 (A) of the Noise Bylaw.

The noise permit is specifically requested to remove the restrictions of bylaw:

·  § 591-2.3.(1), which restricts construction noise between 7am and 7 pm Weekdays and 9am to 7pm on Saturdays.

·   § 591-2,4(A), which restricts loading and unloading noise from 7am to 11pm Weekdays and 9am to 11pm weekends and statutory holidays. 

The noise exemption permit was requested to expedite the overall completion date of the project, shortening the window whereby it contributes to traffic congestion and lane closures.  It would also allow the development to progress to higher floors at a faster rate which would reduce noise impacts of ground and lower-level occupants. 

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.