Concerns about noise impacts has the developer of a proposed Elmira subdivision going back to the drawing board. The concerns, in fact, formed the basis of last month’s decision by the Ontario Municipal Board to dismiss Hawk Ridge Homes’ action against Woolwich Township.
The developer had brought the legal action because it claimed the township was dragging its feet on a decision about the 44-unit (26 single-family and 18 semi-detached dwellings) subdivision planned for 36-68 Union St.
In rendering a decision, however, OMB vice-chair J.V. Zuidema declared Hawk Ridge Homes had not satisfactorily addressed some of the township’s concerns, particularly as they relate to noise. The 5.5-acre site, a former apple orchard fronting on Union Street, is located adjacent to a variety of industrial facilities, most notably Sulco Chemicals and Chemtura Co. Truck traffic and a nearby rail spur were noted trouble spots.
Zuidema dismissed claims by the developer’s consultants that downplayed the potential impact of noises from the surrounding industrial uses.
“In this case, the measurements taken show railway shunting noises occur many evenings each week at random hours. This can neither be seen as “infrequent” or “so infrequent,” as claimed by the applicant, he wrote in his report.
“After hearing the evidence of the expert noise consultants, the Board determines that the relevant criteria under subsection 51(24) have not been adequately addressed such that I cannot endorse Hawk Ridge’s development proposal.”
The noise issues were just part of the objections raised by the township, Waterloo Region, industrial neighbours, environmentalists and homeowners in nearby residential areas. While most of the other concerns were addressed in talks with the developer, said township director of engineering and planning Dan Kennaley, the noise-attenuation measures remained the outstanding divide.
That hurdle was identified in the OMB report.
“The issue of noise was the key area of disagreement between Hawk Ridge and the region including the sources of noise from the industrial neighbours as well as a rail-line used by these industries.
“In a nutshell, Hawk Ridge’s and the region’s noise experts did not agree on the appropriate standards to be used.”
Those disagreements included the appropriate decibel levels, the height of berms and the maintenance of elements such as sound barriers, Kennaley explained.
Given the divide and the OMB decision, what happens next depends on the developer, he added. It’s up to Hawk Ridge Homes to submit a workable plan.
“If the applicant addresses the noise concerns … if they want us to give them additional time to address the issue, we would do that. If they satisfy us and the region, they might be able to proceed.
Changes would be needed to the subdivision plan currently on file, which requires a zone change. The zoning in place today allows for residential development. The change being sought would permit higher density, with smaller lot sizes. In either scenario, a large section at the north end of the property would remain as open space due to the floodway and flood fringe designations assigned to the drain running through the land.
The plan under consideration would see the homes developed around new access points to the land, which would likely involve the extension of Bauman and College Streets, with the main entrance from First Street rather than Union Street.
Some of that might have to be changed in order to accommodate the noise issues.
To date, Kennaley hasn’t heard anything from the developer about its intentions. In absence of a new submission, the township will close the file on the subdivision application.
