TO: Committee of the Whole

C. John Livey, CAO

Jim Baird, Commissioner of Development Services

Sheila Birrell, Town Clerk

FROM: Alan Brown, Director of Engineering

DATE: April 13, 2004

Re: Hydro One Networks Inc

Parkway Transformer Station

Warden Avenue and Highway 407

Application for Exemption to Noise By-Law 2003-137

Committee has before it a request dated April 6, 2004 from Hydro One for exemption to item 16 of Noise By-law 2003-137 to permit extended hours of construction of their transformer station. Staff has reviewed their request and recommend approval subject to the conditions noted in the enclosed resolution.

It should be noted under section 9 of the By-law the applicant is to publish in a newspaper a notice of their intention to request the municipality for an exemption of the by-law (for 2 days, 10 days prior to the application). As this has not been complied with, staff recommend the implementation of the exemption not come into force until the condition has been met and there are no adverse comments on the proposed by-law exemption. If the Clerks Department receives adverse comments on the proposed exemption the by-law exemption will not come into effect and staff will report back to Council on the matter.

Resolution

That the presentation and April 6, 2004 letter from Lake Singh of Hydro One be received;

And that an exemption to item 16 of schedule 2 of the Town’s Noise Control By-law 2003-17 to extend the hours of work for the construction of the Hydro One transformer station west of Warden Avenue and south of Hwy 407 be approved as follows;

· 1900 hours to 2400 hours – Monday to Friday from April 15, 2004 to December 24, 2004

· 0700 hours to 1800 hours - Sunday from April 15, 2004 to December

24, 2004

And the approval of the Noise By-law exemption be subject to the following conditions;

· The type of activities that would generate noise beyond the normal by-law period would be limited to construction type equipment, including but not limited to, such as compressors, pile drivers, pneumatic and hydraulic tools, excavators, concrete mixing machines, graders, scrapers, rollers, pumps, sanding, metal cutting and hand tools.

· Execution of a site plan agreement with the Town of Markham no later than June 1, 2004.

· Deposit of Letter of Credit by April 20, 2004 for fouling of roads and damage to road in an amount to be finalized by the Director of Engineering.

· Haul route be restricted to non residential areas as defined in Hydro One April 6, 2004 letter.

· No trucking allowed on Sunday.

· Implementation of a communication plan for abutting businesses to the satisfaction of the Town of Markham.

· Payment of applicable fees

· The Town of Markham right to rescind or modify the exemption if Hydro One fails to comply with the above conditions to the satisfaction of the Town of Markham.

And that the exemption to the Noise Control By-law 2003-137 not come into effect until the published notification has been complied with and there are no adverse comments.

And that if the Clerks Department receives any adverse comments on the proposed by-law exemption within 10 days of the last publication notice staff report back to Council.

And that L. Singh of Hydro One be advised accordingly.

Q:\Development\Engineering\Alan Brown Memos\hydro\Hydro One Networks 040704.doc