Cautious optimism in mixed neighbourhood dispute

Posted September 12, 2012

Residents living in the Kerr Blvd and Cunningham Drive area of Alliston are hoping the theory that good fences make good neighbours will translate similarly to the 4.2 meter (13.9 ft) high wall Spring Creek Industries is proposing to erect as a remedy to the noise complaints generated by the shuttling truck traffic at the PWG warehouse on Church Street South.

Spring Creek, owned by Brian Gibson, owns the property that abuts residential neighbourhoods. In 2009 the Town approved a 2,725 m2 expansion to
the existing warehouse facility, and in March 2010, an occupancy permit was issued.

"However, since occupancy was issued, numerous noise complaints associated with the industrial use of the site have been received from residents near the site," according to an engineering department report to council. "These noise complaints are generally related to night-time truck noise. These complaints have continued to be received until as recent as June 2012."

Several of those residents were in attendance Monday night to hear and ask questions about the requested revision to the site plan agreement that would permit replacing the current 2.3 meter fence with the higher barrier.

Mr. Gibson has been ordered by the Ministry of Environment to solve the noise complaints following tests that determined the operation was exceeding permitted noise levels. His consultant is recommending the wall will resolve the matter.
Brendan Holly, the Town's Director of Technical Services and deputy CAO, told council the noises had reached 68 decibels, but the new structure would reduce that level to 55 decibels.

Garrett English, a resident of Kerr Blvd, told councillors that the wall's position, and location were important considerations prior to its construction.

"What we want to do, because the wall is going in, we want to take advantage of it and try to eliminate as much of the noise as possible, and make it as user friendly to the residents as possible," said Mr. English. "So when looking at the plans please take into consideration that the height of the wall, and the position of the wall is very critical to the residents in the reduction of the noise."

The other issue that has been triggered by the new wall, includes the planned removal of 16 mature willow trees to accommodate the structure. They will be replaced by 16 Serbian Spruce, 3.0m to 3.6m in height, along the west property-line.

Grant Reilly, an arborist commissioned by Mr. Gibson to determine the trees' fate, suggested it was in his "best interest to remove" them.

"It is possible these trees will continue to break or have large limbs or sections of these trees break off and fall onto the objects below i.e., fences, sheds, children's play equipment, homes or humans," according to Mr. Reilly. "I have concerns regarding the potential liability of these trees. It was mentioned the trees hold no sounds barrier value. However, they do help as a visual barrier half the year, when they are in leaf."

And it's the latter point neighbours wanted addressed as well. They suggested that the new trees be planted on their side of the property line to help obscure sight of such a large structure.

"I understand these trees don't have a very long life, and that they're at the end of their life time now, and they're moving the fence in and using their own property, but taking down those trees and putting up this wall is going to change the backyard enormously," said Kerr Blvd resident Dawn Metcalf. "I understand they're planting cedar trees on their side of the wall, my idea would be to put the trees on our side, even just to increase the aesthetics of our backyard because we're losing those enormous mature trees and turning our backyard into cement blocks."

That got a nod of agreement from Ward 6 councillor Richard Norcross.

"If you do the math, this fence is going to be five feet higher than what they're experiencing now. And Garrett, you're looking at an almost eight foot high fence, but at least you can see the foliage of the trees above it," said Mr. Norcross. "So if any consideration can be given, even if the trees are on the inside of the property line or some sort of eight foot tree so you're not just staring at a brick wall, because that's not what they bought into."

Another resident of Cunningham Drive suggested a gesture of goodwill on Mr. Gibson's part would be his donating trees to plant on the residential side of the fence.

"Perhaps at this point in time when we are so close to something that's going to help the residents with the 24/7 noise of 18 wheelers going by our bedrooms, perhaps Mr. Gibson, after all the discomfort, and all the health issues that the residents have suffered, Mr. Gibson could go forward with the community, and perhaps donate trees to go along the concrete wall on the residents' side or even consider the concrete wall back where his cedar fence is so we don't have to lose the trees."

Mr. Holly said the Town did ask Mr. Gibson "to consider constructing the new fence in the same location as the existing fence and that he donate trees on the residents' side, his answer at that time was he would not consider that. We can certainly ask him again, the Town can not force him to undertake works outside his property."

The issue returns to council for ratification next Monday night.

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