Unhappy Neighbours…Stone Cold Misery….
The buck stops at you! When executing a renovation project on one of your most valuable assets you as the owner are ultimately responsible for any construction project on your land. Below is a brief look at some of the aspects of home construction that can turn into trouble if not executed within the by-laws laid down by the local jurisdiction.
Before I go into my list I want to reiterate what was key in my last column ….. Communication Communication…Communication. The talk that you have with your neighbours before you execute your plans could save you time, money and unnecessary pain. There are horror stories of neighbours taking down hedges/fences they thought were on their property, to find out they were not. Years of litigation and money has never made anyone more neighbourly.
Construction Protection & Safety Guidelines
A safe construction site is important for those working on the site as well as the neighbourhood. A call by a neighbour about unsafe conditions will result in a snap inspection of all working sites on the street. Unless everything is in compliance, especially hard hat and personal protection, the job will be closed until compliance is reached. The by-law officer does not stop at one site if there are many on the street. Several years ago several construction sites were closed down in North Rosedale due to a complaint by a neighbour. The crews had to be sent home until the following day for fear of heavy fines. Ultimately the homeowner is responsible for paying these fines. There are a lot of work sites in Rosedale and people can get fed up. If someone is uncomfortable talking directly to the construction crews they will simply call the City.
Below is from the City’s website
City bylaws, such as the Property Standards and Property Maintenance bylaws regulate many aspects of your site. Noncompliance with these bylaws can result in fines and possibly closing down of your project.
Here is a basic construction site checklist to follow:
- Do not harm existing neighbourhood services. Contact your local utilities to locate underground services before you start digging.
- Protect your neighours’ property, trees and plants. Make sure construction operations and trucks are kept away from your neighbours’ landscaping.
- Put protective boarding or fences around trees and shrubs.
- Enclose your construction site with protective fencing to restrict access (Toronto Municipal Code – Construction Fence Bylaw – Chapter 313).
- If your working near overhead power lines, you must call Toronto Hydro for more information about having your lines de-energized, relocated/removed, or have the lines covered.
- Place portable toilets well away from your neighbours’ homes and out of sight.
- Do not litter your neighbours’ property with garbage bins and debris.
- Respect your neighbours’ parking needs. Do not park any construction vehicles on your front lawn or block neighbours’ driveways.
- Burning construction waste is not permitted.
- Do not leave any potentially dangerous building materials, equipment or vehicles on the site unattended.
- Insist that your workers wear and use proper safety equipment, such as approved hard hats and protective work boots.
Working near Overhead Power Lines
Toronto Hydro requires that you protect your electric lines when construction is happening close by. You must apply and pay Toronto Hydro to come to the site and put protective coverings on the wires from the house out past the construction zone. Failure to do this could be catastrophic. This is a key element from an insurance standpoint. For more information on working near power lines visit Toronto Hydro’s website on Toronto Hydro Electrical Safety.
Cleanliness
It’s good for your project and for the neighbourhood. A poorly kept jobsite will slow the project down, cost you money and will be a hazard. It’s typically the 2nd flat tire that forces a neighbour to call Property Services. Failure to keep your site clean of construction debris may result in fines under City Bylaws. A by-law officer is required to investigate all complaints especially those related to safety. If you have to leave debris out for a short period, protect it and let your neighbours know when it will be removed.
Dumpsters, Construction Bins & Hoarding
If you need to use any portion of the public road to leave a dumpster or large equipment you will need a Street Occupation Permit. This must be obtained before starting a demolition, renovation, or construction project. Blocking off the road can be a nuisance. Keeping your neighbours informed as to when dumpsters will be filled and removed can help smooth things over. It doesn’t hurt to let a close neighbour put a couple of things in the bin to significantly lessen the inconvenience. On the other hand, it’s a pain and an expense when over a weekend the construction bin magically fills up. As usual neighbourliness goes both ways.
Noise Control
This is taken straight from the City website, I couldn’t say it any better…“The Noise Bylaw (Chapter 591, City of Toronto Municipal Code) permits operation of construction equipment ONLY during Monday to Friday 7:00 a.m. to 7:00 p.m., Saturdays 9:00 a.m. to 7:00 p.m., and no construction noise on Sundays and statutory holidays (amending bylaw 505-2006)” From experience I know that the by-law officer will call anyone associated with the permit and give a verbal warning the first time. Fines will be levied for repeated offences.
Boundary Trees
Recent rulings in court with regard to boundary trees make this a prescient subject. Previously there were fence by-laws that allowed neighbours to remove trees along the boundary line without consent. In the past trimming a neighbour’s overhanging branches was not contentious. Now it is imperative that you discuss this with your neighbour. The Ontario Forestry Act stipulates that any tree “whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining land,” but doesn’t’ specify what constitutes a “trunk.”
When dealing with trees on adjacent properties you have the right to maintain your property in a safe condition but you cannot trespass, or damage the tree,
The best case scenario is that you come to an amicable agreement with your neighbours. Otherwise you may have to consult with a lawyer as to your legal rights in the matter of the boundary trees. The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. “The Ontario Superior Court verdict created some of the most stringent and detailed law on tree preservation in Canada. Cutting down a shared tree or chopping at wayward branches without a neighbour’s approval could now be a criminal act, punishable under the provincial Forestry Act.”
Taken from The Globe and Mail article “One tree, two neighbours – and a changed legal landscape” Justin Giovannetti – Published Wednesday, Jun. 19 2013, 11:22 PM EDT
Private Tree Permits
All trees larger than 30 cm in diameter as measured at 1.4 m above ground level are covered by the private tree by-law. A permit to injure or destroy a tree is required for any construction within the tree protection zone. An arborist is required to provide a report on the status of the trees affected. Depending on where the tree is located you will be required to get permits from Urban Forestry,Toronto Ravine Conservation Authority or both. There is an online interactive map to show if TRCA has jurisdiction. This permit process can be quite long will effect when you are able to obtain a permit for construction. Be sure to check this out early in your design process so that it does not slow down your permit process.
Right-of-Entry Permit
During construction there are times when you may be required to have access to a neighbouring property. If you can get your neighbour to agree to this access then a permit is not needed. If your neighbour will not agree then a Right of Entry Permit must be obtained. Health and safety are the main issues in applying for the permit. Access should only occur at reasonable times and only to the extent necessary to finish the required work. Notice must be given to your neighbour. The effected land must be returned to its original condition and compensation must be provided for any damages.
I seem to always come back to the conclusion that communication is key. Neighbours should talk, contractors should put safety above all else and common courtesy should be… more common. We all understand the need to improve the conditions of our property. Please let it not be at the expense of our neighbours.
Spring 2024 NewsletterJuly 5, 2024 - 6:55 pm
Winter 2024 NewsletterFebruary 24, 2024 - 1:34 pm
Spring 2023 NewsletterMay 8, 2023 - 2:20 pm
Winter 2022 NewsletterNovember 28, 2022 - 8:52 am
NRRA Newsletter – Spring 2022May 2, 2022 - 8:57 pm
NRRA Newsletter – Winter 2017
/in Newsletters/by Shahkir AlkozaiVolume 15 | Issue 1
The Village in the City Issue
Heritage Designation Controversy
In the months ahead, City staff will need to decide whether to approve or block a luxury low-rise condo development on Dale Avenue in South Rosedale. The NRRA opposes this
development as an adverse precedent, potentially opening the door to future tear-down condo development in Rosedale. A public meeting held on November 6 attracted around 150 attendees, and the vast majority also expressed their disapproval to the Dale development.
As Heritage Districts, both South Rosedale and North Rosedale are protected. Heritage plans allow for demolition of lower grade houses, but the intent was not to pull down whole sections of streets as proposed by the Dale development. Rosedale’s heritage character is defined by its unique quality single family homes nestled in a garden landscape. It is not defined by a specific style of home, because there are many excellent examples of different styles from Toronto’s history.
The heritage plans were put in place to protect an important pocket of residential dwellings from overdevelopment and to stop the construction of apartment buildings in the area.
Despite protestations to the contrary, this will create a precedent. There are several locations in Rosedale where the opportunity to tear down homes on larger lots to increase development exist.
Furthermore, the development will have an adverse impact on the Rosedale Valley ravine, which if allowed would degrade the integrity of Toronto’s ravine protection rules that are more important today than ever. The NRRA has made its case to both the South Rosedale Residents Association, Councillor Wong-Tam and City planning staff.
NRRA Newsletter – Summer 2020
/in Newsletters/by Grace WarrenVolume 17 | Issue 2
As the world has stood still for weeks and then months, we have watched in awe while countless selfless frontline workers sacrificed to keep us healthy, fed, clean, protected and moving.
This is a time we must not forget.
We, in our village within the city, have borne witness to the amazing frontline that has patiently and gracefully kept our lives running.
Thank you to all the shops along Summerhill.
Thank you to the TTC that kept the buses running.
Thank you to the City Workers both Garbage and Recycling.
Thank you to the City and Construction Workers both in our Parks and on our Roads.
Thank you to 53 Division that has kept us informed and protected.
Thank you for always trying to find new ways to keep both yourselves and us safe.
Thank you for working hard to lead us into our new normal.
Thank you.
NRRA Newsletter – Spring 2022
/in Newsletters/by Grace WarrenNRRA Newsletter – Spring 2021
/in Newsletters/by Grace WarrenVolume 18 | Issue 2
As I look out my window at the May showers I’m thrilled to welcome the change of season. The explosion of green and delicate snowbells, daffodils and tulips are putting a spring in my step during my walks around our neighbourhood with our dog Bella.
In our Spring/Summer 2021 North Rosedale Newsletter edition, we are encouraging our members to get involved and help keep our unique neighbourhood safe and beautiful. Whether it is requesting traffic calming speed signs for your street or keeping our local neighbourhood streets litter-free or helping to protect our local parks and ravines, we have a challenge for you.
You will also find an update from board members who have been in touch with the “Don’t Mess with the Don” group. Metrolinx and the provincial agency for the Greater Toronto and Hamilton Area have been working on plans for the Don Valley Lay-over to help with GO Train storage. Read about the requirements and the risks as it might be time for you to get involved and be heard.
We’ve been approached by neighbours asking us to challenge all residents to safely pick up the litter in front of each of our properties and in our parks. We were unable to have an official park clean up day, so we now have a local challenge underway to “Get Caught Picking up the Litter”! This can only help all of us, as our neighbourhood streets and especially our parks have become our havens during Covid. See the details inside.
It is Annual General Meeting time for all members of the North Rosedale Residents’ Association. Again this year we will not be together in person, but will connect remotely. I hope you will join us. Details can be found inside to have your password emailed to you.
You will find another Rosedale’s Finest tasty recipe to try out this summer. Thank you Jameson! We have a summer reading list and an invitation to join a NRRA Book Club if there is interest from our members. We also have some summer fun for the kids. Wait till you see the easy to assemble Balloon Rockets!
In past editions we have remembered several neighbours of North Rosedale. This edition, one of our second generation residents Lindsey Wong writes a wonderful tribute to his dad, Dr. Edward Wong who passed away from Covid recently. Dr. Wong moved into North Rosedale in the 1970’s and his family continues to live in the family home today.
And finally, we’re asking everyone to renew your membership if you have not already done so and we’re looking for new North Rosedale Residents’ Association board members! Get involved! See inside for details on how to renew your membership or how to volunteer!
NRRA Newsletter – Spring 2019
/in Newsletters/by Shahkir AlkozaiVolume 16 | Issue 1
Spring 2019
Change is in the Air
Celebrating the season of change in our neighbourhood
Finally!
Spring is here and we can enjoy our beautiful neighbourhood, our “Village in the City” again in its full splendour. As you read this, the magnolia trees should already be in bloom, kids are playing soccer and dogs have shed their winter coats (and boots) and are getting their owners outdoors for longer walks. A perfect segue to thanking all the North Rosedale residents who participated in the 2019 Annual Community Clean Up Day on April 27th. We gathered at Chorley and Rosedale Parks and spread from there to other parks in the neighbourhood. We had a great turnout of volunteers who did a fantastic job of getting our parks ready for the summer. Everyone in the neighbourhood enjoys having great parks, but most people do not realize City Parks & Rec are not able to go the extra mile to get the parks cleaned up for the summer. It’s up to us. If you didn’t make it this year, please consider coming for the 2020 Clean Up Day for a couple of hours. Come alone, bring a friend or bring your family out for the fun!
We will be looking for you in 2020.
Sometimes change is good, sometimes not. Our ravines are changing for the worse. As you have read in previous issues, there is a growing awareness of the rapid deterioration of Toronto’s ravines.
The good news is there is momentum building to get something done citywide and within each of our communities. Recently, Councilor Mike Colle of Ward 8 put forward a motion to address feasibility of establishing a Conservancy to create a long-term sustainable plan to enable private funding to accelerate and expand work on GTA ravines. Council adopted the motion 25-1 for City staff to report back on possible advantages of putting this in action.
Our Councilor, Mike Layton, is also passionate about the ravines. He has toured some of the worst areas and his staff have been active in advocating for more City action on our ravine areas. He has been instrumental in reviving the Vale of Avoca Community working group which seeks to provide community input to the Toronto Water project that will address the serious deterioration (virtual collapse) of the infrastructure and lands abutting the water course and restoring a more natural habitat. We are pushing for more community input earlier in the planning of these projects and more coordination between various City departments to be able to leverage the infrastructure work to remediate the surrounding environment. This type of approach would help in avoiding the conflict experienced with the recent changes to Chorley Park.
In our community, the Residents Associations near us have teamed up as the Mid Town Ravine Group (the “MTG”) to identify demonstration projects that could be executed to supplement City work. So far 4 projects are under consideration near Yellow and Mud creek. The objective is to create small community-led and funded projects that will remediate and maintain targeted areas in our ravines. We have considered areas that are environmentally significant, realistic for a community-based organization and sustainable over the long term. This is a big change for the City in how they have operated in the last few years and we are looking to establish a successful model or pilot that can be expanded to a larger Conservancy model. We are currently exploring how best to pilot as a charitable organization that can issue tax receipts for funds raised.
NRRA Newsletter – Spring 2018
/in Newsletters/by Shahkir AlkozaiVolume 15 | Issue 2
Chorley Trail Update
Many residents have been closely following the development of the switchback trail connecting Chorley Park and the Beltline Trail. On April 2nd, the City’s contractors re-commenced work.
They have estimated a 6-8 week construction schedule, depending upon weather conditions, which will take us to somewhere between Mayfair and the Victoria Day long weekend.
The City’s goal is to allow for the site to be re-opened in early summer. The City has once again closed access to the site, as well as to the Beltline, for the construction period. The “Trail Closed” signs that have become familiar to many have reappeared in Chorley Park and at other access points.
The NRRA, alongside many residents, has offered to support the replanting and site rehabilitation which will follow construction.
The City will do some replanting of larger trees this summer and rehabilitation will continue through 2018 and 2019 to restore the site.
Please mark your calendars for a community planting event on Saturday, September 29th.
We will provide an update once arrangements for the event become formalized. Updates will also be provided through the NRRA
Community Page on Facebook.
NRRA Newsletter – Spring 2017
/in Newsletters/by Shahkir AlkozaiPRESIDENT’S MESSAGE
The Fall 2016 newsletter focused on road safety in North Rosedale, and it has been an effective Public Relations tool producing
immediate results down at City Hall . . . speed limits have been reduced to 30 km/h and stop signs are to be installed along Glen
Road. In this issue, we highlight important residential property topics . . . prices going sky high (or not?), builders challenging
planning and heritage rules, and replacement trees for your garden.
Please mark your calendar for the evening of Thursday June 1st – the NRRA’s annual general meeting will be held at 7pm at
Rosedale United Church – where we will be hosting an open forum on any matters you would like to discuss. And email us with your
feedback at info1@northrosedale.ca
Sincerely,
Lewis Reford, President
NRRA Newsletter – 2021/2022 Membership Survey
/in Newsletters/by Grace WarrenDid you know that over 60 houses have changed hands 2019 to 2021 in North Rosedale! The North Rosedale Residents Association has seen lots of change over the past 70 years and with all so many new home owners and members we think it’s the right time to touch base with our membership and make sure we’re representing the changing neighbourhood.
We’ve created a brief survey made up of 15 questions which will take 8-10 minutes to complete. We have provided several opportunities within the survey for you to provide further feedback on topics that are of interest to you and our neighbourhood. We would very much like to hear from each of you. Please take a few moments to help us be effective in protecting our Village within the City.
Happy Neighbours – Happy Construction
/in Blog Articles/by Terrell WongUnhappy Neighbours…Stone Cold Misery….
The buck stops at you! When executing a renovation project on one of your most valuable assets you as the owner are ultimately responsible for any construction project on your land. Below is a brief look at some of the aspects of home construction that can turn into trouble if not executed within the by-laws laid down by the local jurisdiction.
Before I go into my list I want to reiterate what was key in my last column ….. Communication Communication…Communication. The talk that you have with your neighbours before you execute your plans could save you time, money and unnecessary pain. There are horror stories of neighbours taking down hedges/fences they thought were on their property, to find out they were not. Years of litigation and money has never made anyone more neighbourly.
Construction Protection & Safety Guidelines
A safe construction site is important for those working on the site as well as the neighbourhood. A call by a neighbour about unsafe conditions will result in a snap inspection of all working sites on the street. Unless everything is in compliance, especially hard hat and personal protection, the job will be closed until compliance is reached. The by-law officer does not stop at one site if there are many on the street. Several years ago several construction sites were closed down in North Rosedale due to a complaint by a neighbour. The crews had to be sent home until the following day for fear of heavy fines. Ultimately the homeowner is responsible for paying these fines. There are a lot of work sites in Rosedale and people can get fed up. If someone is uncomfortable talking directly to the construction crews they will simply call the City.
Below is from the City’s website
City bylaws, such as the Property Standards and Property Maintenance bylaws regulate many aspects of your site. Noncompliance with these bylaws can result in fines and possibly closing down of your project.
Here is a basic construction site checklist to follow:
Working near Overhead Power Lines
Toronto Hydro requires that you protect your electric lines when construction is happening close by. You must apply and pay Toronto Hydro to come to the site and put protective coverings on the wires from the house out past the construction zone. Failure to do this could be catastrophic. This is a key element from an insurance standpoint. For more information on working near power lines visit Toronto Hydro’s website on Toronto Hydro Electrical Safety.
Cleanliness
It’s good for your project and for the neighbourhood. A poorly kept jobsite will slow the project down, cost you money and will be a hazard. It’s typically the 2nd flat tire that forces a neighbour to call Property Services. Failure to keep your site clean of construction debris may result in fines under City Bylaws. A by-law officer is required to investigate all complaints especially those related to safety. If you have to leave debris out for a short period, protect it and let your neighbours know when it will be removed.
Dumpsters, Construction Bins & Hoarding
If you need to use any portion of the public road to leave a dumpster or large equipment you will need a Street Occupation Permit. This must be obtained before starting a demolition, renovation, or construction project. Blocking off the road can be a nuisance. Keeping your neighbours informed as to when dumpsters will be filled and removed can help smooth things over. It doesn’t hurt to let a close neighbour put a couple of things in the bin to significantly lessen the inconvenience. On the other hand, it’s a pain and an expense when over a weekend the construction bin magically fills up. As usual neighbourliness goes both ways.
Noise Control
This is taken straight from the City website, I couldn’t say it any better…“The Noise Bylaw (Chapter 591, City of Toronto Municipal Code) permits operation of construction equipment ONLY during Monday to Friday 7:00 a.m. to 7:00 p.m., Saturdays 9:00 a.m. to 7:00 p.m., and no construction noise on Sundays and statutory holidays (amending bylaw 505-2006)” From experience I know that the by-law officer will call anyone associated with the permit and give a verbal warning the first time. Fines will be levied for repeated offences.
Boundary Trees
Recent rulings in court with regard to boundary trees make this a prescient subject. Previously there were fence by-laws that allowed neighbours to remove trees along the boundary line without consent. In the past trimming a neighbour’s overhanging branches was not contentious. Now it is imperative that you discuss this with your neighbour. The Ontario Forestry Act stipulates that any tree “whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining land,” but doesn’t’ specify what constitutes a “trunk.”
When dealing with trees on adjacent properties you have the right to maintain your property in a safe condition but you cannot trespass, or damage the tree,
The best case scenario is that you come to an amicable agreement with your neighbours. Otherwise you may have to consult with a lawyer as to your legal rights in the matter of the boundary trees. The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. “The Ontario Superior Court verdict created some of the most stringent and detailed law on tree preservation in Canada. Cutting down a shared tree or chopping at wayward branches without a neighbour’s approval could now be a criminal act, punishable under the provincial Forestry Act.”
Taken from The Globe and Mail article “One tree, two neighbours – and a changed legal landscape” Justin Giovannetti – Published Wednesday, Jun. 19 2013, 11:22 PM EDT
Private Tree Permits
All trees larger than 30 cm in diameter as measured at 1.4 m above ground level are covered by the private tree by-law. A permit to injure or destroy a tree is required for any construction within the tree protection zone. An arborist is required to provide a report on the status of the trees affected. Depending on where the tree is located you will be required to get permits from Urban Forestry,Toronto Ravine Conservation Authority or both. There is an online interactive map to show if TRCA has jurisdiction. This permit process can be quite long will effect when you are able to obtain a permit for construction. Be sure to check this out early in your design process so that it does not slow down your permit process.
Right-of-Entry Permit
During construction there are times when you may be required to have access to a neighbouring property. If you can get your neighbour to agree to this access then a permit is not needed. If your neighbour will not agree then a Right of Entry Permit must be obtained. Health and safety are the main issues in applying for the permit. Access should only occur at reasonable times and only to the extent necessary to finish the required work. Notice must be given to your neighbour. The effected land must be returned to its original condition and compensation must be provided for any damages.
I seem to always come back to the conclusion that communication is key. Neighbours should talk, contractors should put safety above all else and common courtesy should be… more common. We all understand the need to improve the conditions of our property. Please let it not be at the expense of our neighbours.
Garden Suites By-law Passed. What is next?
/in Blog Articles/by Grace WarrenOn February 2, 2022, the City of Toronto passed legislation that allows Garden Suites on almost all residential lots in the city. Not just single detached, semi-detached and townhouse lots – but duplex, triplex, fourplex & low-rise apartment properties.
The NRRA has been informed that an appeal has been filed against the Garden Suites zoning by-law by other Residents’ Associations and CORRA due to the City’s over-reach. The Provincial government only instructed the City to draft regulations to allow for “gentle intensification” on lots with single detached, semi-detached and townhouses; but the City took the liberty to go farther with the inclusion of duplex, triplex, fourplex & low-rise apartment properties.
While North Rosedale’s experience with Garden Suites has been positive, it is important to ensure our membership is aware of the City’s additional inclusion of both fourplex and low-rise apartments properties. These were not requested by the Province but inserted by the City. While we all understand that even single family areas such as ours must support “gentle intensification,” we want to make certain the specific needs of all types of neighbourhoods are considered.
THE BACKGROUND:
The Garden Suite by-law change affects all residential lots in the city. There are over 500,000 lots and the by-law allows two dwellings per lot, with the potential for up to five apartment units on some properties. A Garden Suite can be up to 1,900 square feet, two storeys, with a basement. Gardens suites, like secondary dwelling units are considered “as of right” which means you do not have to go through the additional process of site plan approval or request zoning changes to allow you to apply for a building permit. But you are still required to meet all of the zoning requirements for the entire property and will still be sent to Committee of Adjustment (CofA) if your proposal does not. It is only at CofA that your neighbours will have the right to object to your proposal. TLAB is the route after losing at COFA to appeal the decision.
The City’s goal is to cut red-tape for homeowners, developers, and speculators – but not everyone agrees that the needs of homeowners and tenants are being protected in this new zoning by-law.
What are the problems?
What are CORRA/FONTRA/TO Residents organizations asking the City to reconsider?
Resident’s associations across Toronto believe homeowners need to know what this re-zoning means to their quality of life, the character of their neighbourhoods, and the value of their properties.
So, if you feel the city has over-reached and should reconsider this new “one size fits all” by-law please send a letter to the Mayor’s and City Councillor’s office by clicking on the below link to reach their letter of protest.
Please note the NRRA has crafted a letter that is available in another blog on our website.