Who to Call to Complain

Here are some of the numbers and email addresses to contact to voice your complaint. The more people that complain the better chance for change. Please call to ask them to protect our safety

Mayor David Miller mayor_miller@toronto.ca
Phone: 416-397-CITY (2489)

Councillor Frank DiGiorgio councillor_digiorgio@toronto.ca
Phone: 416-395-6437

Councillor Nunziata councillor_nunziata@toronto.ca
Phone: 416-392-4091

Provincial MPP Laura Albanese lalbanese.mpp.co@liberal.ola.org
Phone 416-243-7984

Federal MP Alan Tonks Tonks.A@parl.gc.ca
Phone 416-656-2526

BOOM!!! Does Someone Have to be Killed Before Things Change?

Once again, residents of Westbury Crescent and the surrounding community where terrified as an explosion blew out windows and damaged homes at 9 AM Saturday morning. It's the 3rd MAJOR incident from the same scrap yard in a year and a half. Miraculously, nobody was killed.

Residents have one simple question: Does someone have to be killed before the safety of our community is taken seriously?

It should be crystal clear by now; If these types of businesses are not violating any bylaws (as residents have been told by Councillors and City officials), and fires and explosions are still frequently happening, then these types of businesses SHOULD NOT BE OPERATING NEAR A RESIDENTIAL AREA.

Can or will anybody do anything to help the residents in this community? Or does someone have to loose their life before something changes?

Summary of Fire Reports

Summary of Fire Reports at 96 Hyde Avenue since 2000 to 2007

There have been 9 incidents on record of fires where the Fire Department has been called to 96 Hyde Avenue since 2000.

4 Incidents occurred between 2000-2002 when it was owned and operated by Waxman Recycling and 5 between 2003-2007 when owned and operated by GB Scrap Metal. That’s an average of over 1 major fire per year.

On 2 Occasions the Ministry of Environment has been called to monitor Air levels including the largest fire in August 2006 where 248 Firefighters were involved and residents had to close their windows and doors and evacuate their homes because of the danger of smoke and fire.

Unhappy Anniversary

Well, here we are again. EXACTLY 1 year to the day of last years large fire, ANOTHER fire occurred at the same scrap yard on Friday August 24th, 2007. Talk about one step forward and two steps back. After weeks of progress in terms of speaking with GB Scrap Metal about ongoing noise issues, improvements in yard practices and working towards co-existing peacefully, residents again had to breathe in some unpleasant nastiness from the thick black smoke of another fire.
Residents asked that the Owner's son Dino come to Westbury to speak to some members of the community Saturday morning, which he did. We were told that he could not explain how or why this happened. Apparently, a car slipped from the crane and when it hit the ground something went 'bang'. Not cool.
Residents spoke with Dino for close to two hours and were told that the scrap yard is going to be hiring a yard foreman which they hope will eliminate any further 'out of control' fires. He also said that if they cannot prevent these fires in the future they may have to stop taking on cars as part of their business. We certainly hope this is the last time this happens but who knows at this point.
Residents also asked that Dino distribute a letter to the community outlining the steps the scrap yard is taking to prevent this from happenning again. The yearly fires are not something that residents should have to live with and it is important that the scrap yard contacts the community to show that they care about our concerns. One thing we all agreed on is that GB Scrap Metal will consider August 24th a 'holiday' from now on.

http://www.citynews.ca/news/news_14079.aspx

http://toronto.ctv.ca/servlet/an/local/CTVNews/20070825/Scrapyard_blaze_anniversary_070825/20070825?hub=TorontoHome

Residents Meet with Scrap Yard to Discuss Issues

On June 9th, 2007, two residents of Westbury Crescent met with Dino Bois from GB Scrap Metal to discuss ongoing concerns regarding noise/bright lights shining in houses/fire concerns and the issue of erecting a 25 foot fence to reduce these problems.

The meeting was productive in that both sides seem to have the same objective. Residents want the noise reduced to an acceptable level so that they are not disturbed and the scrap yard appears willing to work with the community to alleviate their concerns.

We hope that a noise study can be done shortly to determine if their proposed 25 foot fence will help to solve these problems. GB Scrap has said that they will extend the fence along the north side to alleviate noise for residents further north on Westbury. Residents will also to continue meeting with GB Scrap Metal to try to work on solutions as both parties would like to work things out themselves.

Small Victory for Residents of Westbury Crescent

Residents of Westbury Crescent were awarded a small victory on March 27th when Etobicoke/York Councillors unanimously decided to defer the exemption to the fence by-law as requested by GB Scrap at 96 Hyde Avenue.

GB wanted to erect a 25 foot metal fence on the south and northeast sides. Although a 25 foot fence seems like a good idea, residents were oppose as they feared this is a band aid solution and that the noise might be even worse. Also, there were fears that this fence would do nothing to block out the bright lights that shine in some homes. Residents argued that noise absorbent and fire retardant material be used and council agreed. GB now must consult engineers to propose an absorbent material that could be used and to discuss fire retardant material as well.

Vince spoke with the owners of GB Scrap Metal afterwards and they claim to want to work with residents, but that remains to be seen.

Below is a summary of our position on the matter

Although the residents in our community would love to see a high fence constructed around this entire scrap yard, we believe that the current proposal for a 25 foot metal fence on two sides will not solve our noise and fire concerns, and might make the situation worse.
We believe that the only way an exemption should be granted is with the stipulations that the fence be at least 40 feet high, consist of sound absorbing and fire retardant material, and include the entire north side of the yard if not the entire perimeter of the property

Still Being Woken up by Noise from Scrap Yards

I continue to be woken up frequently by both Scrap yards at 96 and 75 Hyde Avenue.
Here is the latest incident:
I was woken up at 6:45 AM on Saturday March 10th by Waxman's Recycling at 75 Hyde. A crane was tossing scrap (this was north of the 25 foot high fence). I proceeded to leave two angry phone messages. One to Alan Waxman and the other to the Municipal Licensing and Standards Supervisor Joe Luzi.
Alan Waxman called me back later in the day. After initially trying to question whether it might have been GB making the noise ( I informed him that I can clearly see both and that GB didn't join in the fun until 7:30 AM), he said that he will speak to his foreman about it and apologized. I basically told him that it has been the same c.r.a.p for the last 40 years and I was sick and tired of it. It was nice to vent!
I spoke to Joe Luzi - Supervisor at Municipal Licensing and Standards this morning. He informed me that we should be receiving a notice this week regarding a meeting on March 27th regarding GB at 96 Hyde wanting to put up a 25 foot fence. Each resident will have a chance to speak for 5 minutes if they want. I mentioned to Joe that I'm not sure a 25 foot fence will solve the problem but it might be a start - although my worry is that a steel fence might just make the noise reverberate and I would argue for a fence that consists of sound absorbing material be used (if such a thing is possible).
We are trying to proceed to meet with GB Scrap Metal on March 17th
With regards to the ongoing noise complaints that I've been filing, Joe said that unless they receive noise complaints from a few more people, they will not lay charges against either yard.

Tonight Bryan McGuire, Municipal Standards Officer, stopped by my house to investigate my complaints regarding the lights shining directly into my residence. He noted that the lights are visible on my walls and that the equipment also shines lights inside of my house. He assured me that he would issue a 30 day notification and that the scrap yard would have to take steps to prevent the lights from shining directly into my house. As far as the lights on the building, they may get away with installing baffles or pointing them away from my house however, the large crane that operates in the yard also casts light through my windows. This will have to be addressed as well. This could be a small victory for us, the home owners of Westbury Cres.

-Sean Kloosterman

Fire Code & Noise Violations and a Zoning 'Guru' Contact

I had a couple of conversations yesterday with Joe Luzi in bylaw enforcement and Glenn Misiurski (District Chief of Fire Prevention).

I spoke to Glenn about the Ontario Fire Code and what specifically applies to 96 Hyde and what doesn't. He was the fire guy at the meeting in October. He said that as far as he is concerned, the only two issues that currently are a concern are the open fires and the height of the cars. He said that a report has been made in October by himself and Captain Rick Lisinski, and that this yard has been put on notice and if we see any open fires to call 911 and report it. He said that if they are caught in the act of having an open fire, then they will be charged.

Same with the height of the stacked cars (no more than 3m). I asked him if we can videotape any violations and he said that he didn't see anything wrong with doing that if we are on our own property, but not to hold him to it as he is not a lawyer. He also said that charges are laid if the FIRE department catches them and rarely if ever from videotaped evidence.

I asked him about the height of the scrap heaps and he said that there is not a restriction on the height of those as they do not contain 'combustible material'. He said that this yard seems to be okay in terms of separating the combustible stuff. I brought up the previous violations, but he said that he can only speak on what is going on in the yard now, and he said that he has been down there recently and in terms of tire storage, storage and height of combustible material, they are fine. Also, because they are not considered a Tire Storage Yard (they don't keep enough tires around) the part about keeping 30 metres from vegetation would not apply.

As for noise. I asked Joe Luzi if anything can be done about general noise levels being out of hand. I asked if we would have to go through the bother of getting noise readings taken. He said absolutely NOT. He said that ANY time we are bothered by the noise/find it excessive to submit it on the logs. He said the problem with the previous logs we had filled out was that they were not specific enough in terms of what exact address was doing what act to create the noise. Now that I can see into both yards, that should not be a problem. He said that he didn't see anything wrong with videotaping it, as long as we are on our property.

Finally, I asked Joe if there is anybody that we can speak to about zoning/waiving grandfathering if we are not satisfied with the results we get from our meeting.
He said that there is a 'Zoning Guru' named Nick Britton at 416-394 2499. He said that this person is very familiar with this area and he would be able to answer all questions regarding zoning/grandfathering, and if grandfathering has been waived previously in the City and what it takes. I think he'll be getting a call.

Lighting/Enclusure/Ugliness Violating Property Standards?

I had an interesting discussion with Senior Environmental Officer Irena Cooley from the Ministry of The environment yesterday. She directed me to the following Property Standards section of the Municipal Code that deals with some of our issues.

Regarding the high powered light that shines in Sean's house: 629-17. Buffering. Property that, because of its use, occupancy or other reasons, creates a nuisance to other properties in the neighbourhood shall be buffered from these properties so as to minimize the effect of the nuisance by the provision and maintenance of: A barrier or deflectors to prevent lighting and vehicle headlights from shining directly into a dwelling unit;

Regarding having to look at ugly scrap all day: A visual screen or fence, of uniform construction and appropriate to the nature of the adjacent use, to minimize the visual impact of nuisances to persons at grade on adjacent properties

Regarding a barrier fence that is falling apart: 629-13 Enclosers: All fences, screens and other enclosures around or on a property shall be maintained in a structurally sound condition and plumb, unless specifically designed to be other than vertical, with a uniform construction, in good repair and free from hazards.

What This Type of Fire Can Do To Your Health

An excerpt from the link at right regarding what these fires do to your health states:

"Smoke from these kinds of blazes can cause the rubber in the tires and other products to leach sulfur dioxide into the air, ground and water.

Also believed present in all that thick black smoke - chemicals like xylenes, aldehydes, toluene and styrene.

Depending on the size and duration of the blaze, small particles with a carbon core are also sent wafting into the air and can easily be breathed deep into your lungs.

Below is information on a few of the chemicals mentioned above that are common in these fires

What are the main health hazards associated with breathing in xylene?
The main effect of inhaling xylene vapour is depression of the central nervous system (CNS), with symptoms such as headache, dizziness, nausea and vomiting. Volunteers have tolerated 100 ppm, but higher concentrations become objectionable. Irritation of the nose and throat can occur at approximately 200 ppm after 3 to 5 minutes. Exposures estimated at 700 ppm have caused nausea and vomiting. Extremely high concentrations (approximately 10000 ppm) could cause incoordination, loss of consciousness, respiratory failure and death. In some cases, a potentially fatal accumulation of fluid in the lungs (pulmonary edema) may result. Symptoms of pulmonary edema, such as shortness of breath and difficulty breathing, may be delayed several hours after exposure. However, these effects are rarely seen since xylene is irritating and identifiable by odour at much lower concentrations. The only reported death resulted from exposure to xylenes (unspecified isomer composition and unknown concentration) in a confined space. Reversible liver and kidney damage has been reported in cases of severe xylene exposure. Results of short-term studies on human volunteers indicate that xylenes can cause neurobehavioural effects such as impaired short-term memory and reaction time (300 ppm xylene, with exercise) and alterations in body balance (65 to 400 ppm m-xylene). Exposure to 300 or 400 ppm xylene or 65 to 150 ppm p-xylene have not had similar effects. This variation in results is probably due to differences in the effects being studied, exposure conditions, development of tolerance and total xylene uptake (which increases during exercise).

Toluene

A clear, colourless liquid with a benzene-like odour. It is a FLAMMABLE LIQUID AND VAPOUR. The liquid can accumulate static charge by flow or agitation. The vapour is heavier than air and may spread long distances and distant ignition and flashback are possible. Liquid can float on water and may travel to distant locations and/or spread fire. Toluene can decompose at high temperatures forming toxic gases. Closed containers may rupture and explode in heat of fire. Toluene is harmful if inhaled or swallowed and is a central nervous system depressant. The vapour may cause headache, nausea, dizziness, drowsiness, confusion and incoordination. Toluene causes skin and eye irritation. It is an aspiration hazard and swallowing or vomiting of the liquid may result in aspiration into the lungs.

Where do you find toluene?
Toluene is used to make chemicals (e.g., benzene, toluene diisocyanate, benzoic acid), explosives, dyes and many other compounds. Used as a solvent for inks, paints, lacquers, resins, cleaners, glues and adhesives. Found in gasoline and aviation fuel.

Styrene
Styrene is classified as a possible human carcinogen by the Environmental Protection Agency (EPA) and by the International Agency for Research on Cancer (IARC). Styrene is primarily a synthetic chemical that is used extensively in the manufacture of plastics, rubber, and resins. About 90,000 workers, including those who make boats, tubs, and showers, are potentially exposed to styrene. It is also known as vinylbenzene, ethenylbenzene, cinnamene, or phenylethylene. The following questions link to resources that provide safety and health information relevant to styrene.
Acute health effects of styrene are generally irritation of the skin, eyes, and the upper respiratory tract. Acute exposure also results in gastrointestinal effects. Chronic exposure affects the central nervous system showing symptoms such as depression, headache, fatigue, weakness, and can cause minor effects on kidney function.

I received an interesting email today

I received an interesting email today from Frances Reda .

"Good afternoon Sean:

Sorry for the delay in responding to your email. I have been advised that the zoning is attached to the property and not the owner. Therefore, a similar business could be started up in compliance with the zoning on the land.

I would like to advised you that a massive clean up of Hyde Ave occurred last week along the road allowance and in the ravine at the end of the street. There was one piece of evidence found and staff laid one charge. The remainder of the dumped material was renovation waste containing no evidence. The area officer will closely monitor this street over the next few weeks.

Fran

Fran Reda, EA
Councillor Di Giorgio
392-4065"

What more does By-Law Enforcement Need

If this image (captured the morning of the fire) doesn't illustrate that the scrap at this yard is piled higher than the fencing then I don't know what does. That flimsy fencing in the front is 10 feet high!...I'd say the scrap is at least 30. No, no violations here at all. Sure

Looks Like It's Up To Us

I live at 109 Westbury Crescent and have lived here for 40 years. In the last few years, the scrap yard behind our house has become increasingly annoying to the neighbourhood. More than just an annoyance, it has become dangerous to the community. Waking up to explosions on August 24th was the last straw for many of us.

Sean Kloosterman at 81 Westbury Crescent has outlined the resident's efforts to remove the scrap yard from our neighbourhood. Only to be told that the scrap yard has a right to exist at their present location. We have since learned that there are now 2 scrap yards operating on Hyde Avenue! One at 75 Hyde Avenue - Waxman Recycling has been here for 50 years and recently sold 96 Hyde Avenue to GB Scrap metal Ltd. Even though the two scrap yards at 96 and 75 Hyde Avenue have been disregarding the noise bylaws and fire code bylaws for years, they are still able to operate, annoy and pollute...and apparently multiply.

I was told to fill out noise logs for a 3 week period (along with 2 neighbours) so I did so EVERY DAY that I heard noise before 7AM. I submitted them to Enforcement Officer Bryan McGuire in late October. Mr. McGuire called me to inform me that they could not charge either scrap yard as I could not document which exact scrapyard was operating and what the exact noise was that I was hearing. Ugh.

He told me that they have been visiting the area the last few weeks and have warned the scrap yards that they will be charged if they operate before 7AM. At least it has been quiet before 7AM for the first time in years. I have since distributed flyers to local residents with the following information to log complaints. We were told be the supervisors that they would send investigators out to check on these yards each time they received a complaint...we'll see:

Noise Violations: Joe Luzi - Supervisor Licensing & Standards 416-394-8575 or Email: jluzi@toronto.ca
Fire violations : Glenn Misiurski - District Chief of Fire Prevention 416-338-9450
or Email: GMISI@toronto.ca

I've just received fire reports from the City of Toronto since 2000 for 96 Hyde and I am awaiting information from the Province regarding previous environmental violations/fines. I'll include this information in future posts.

Toronto Fire Services Follow Up and Third Party Mediators

Today I received a call from someone named George (he didn't give a last name) from Toronto fire services. He assured me that Captain Rick Lisinski had investigated my complaints and there were no fire code violations at the scrap yard. Later on in the day I was walking in my back yard with my dogs and noticed a great deal of smoke and an open fire in the scrap yard. Fortunately I had my camera. I snapped off a couple of pictures capturing the cars stacked high above the fence (which is around 10 feet high already). After collecting some photos I called Captain Rick Lisinski directly at (416)338-9463 and spoke with him. He assured me that the cars were not stacked any higher than two high today as he had paid a visit to the scrap yard. I am unsure which yard he visited but I have never persoanlly witnesed cars stacked that low. I have also noted a pile of scrap that is about 30 feet high, sometimes with cars piled at the very top. Who knows what kind of materials make up this pile.

I sent the following email to Captain Rick Lisinski:

"Dear Captain Lisinski

As a follow up to my complaints regarding operations in the scrap yard on 96 Hyde Ave. I would like to include this photo taken from my back yard at approximately 4:00 on the afternoon of November 1, 2006. As is clearly visible there are cars stacked above the fence line and an open fire can be observed in the yard.

Regards,

Sean Kloosterman"

and I attached the following picture to the email (Sadly the blog upload isn't as nice as the one I sent, I had to use a zoom of the photo I sent in to clearly show the fire on the blog, the cars have been cut out of the picture below)



This is another picture which I did not send that gives an overview of a typical day at the scrap yard, I include it to show the cars stacked higher than the 10 foot high fence:



I also received a call from a third party mediator person today who asked me about wht complaints I had regarding the scrap yard so I rattled off my grocery list of complaints and she told me that she would get back to me.

-Sean Kloosterman

Toronto Fire Services Oct 30, 2006

I called Toronto Fire services again this afternoon. Of course their office was closed but I left another message regarding the tires piled up in the scrap yard, currently they are piled up about 15 or 20 feet high. I left my email address and phone number, hopefully I'll get some sort of response this time.

Sean Kloosterman

Lights in the scrap yard

After the fire the scrap yard on 96 Hyde avenue was upgraded. New equipment was purchased and new lighting was installed. High intensity lights make the scrap yard much more visible. These lights shine directly into my bedroom. I had made a complaint to Italo Joe Luzi on October 19, 2006. He forwarded my email to Officer Bryan Mcguire. Since I have heard nothing from Officer Mcguire I decided to send a follow up email today before I left for work. This is what I wrote:

Officer Mcguire

This is a follow up email to my earlier complaint regarding the scrap
yard on 96 Hyde Avenue. They have recently installed some very high
poowered lights that shine directly into my home. I understand that
this contrary to the City of Toronto by laws and would like to know
what is being done about it. These lights are powerful and 24 hours a day.

Regards,

Sean Kloosterman

The beginning of the log

This site is being set up to chronicle the attempts to keep our neighbourhood safe. For years now the residents of Westbury Cres have made complaints about the noise and pollution coming from the scrap yard operating in our backyards at 96 Hyde Avenue. On August 24, 2006 there was a fire in the early morning hours that threatened the homes and lives of many of the residents of Westbury Cres. Over 140 firefighters were required to extinguish the flames, fortunately weather were favourable an no personal property was damaged although one rsident required medical attention.

On August 29th, 2006 I sent a copy of the following email to the Mayor of Toronto David Miller and City councillor Frank De Giorgio:

"My name is Sean Kloosterman and I live at 81 Westbury Cres. in
Toronto. As I am sure you are aware, there was a large fire in the
scrap yard on Hyde st. in the ravine directly behind my house. I have
personally witnessed many small, unattended fires in this yard over
the five year period in which I have owned my home, for this reason I
am not at all surprised that last weeks fire took place. Furthermore,
I have since been informed by my neighbours that this is not the first
time the fire department has been called to that particular scrap
yard, in fact this was the fourth fire in the past 17 years. It is
reasonable to assume that this will not be the last fire that we can
expect from this scrap yard if it continues to operate.

This part of the city has, in recent years, seen an increase in
residential homes and operating a scrap yard in the middle of a
residential neighbourhood is simply unsafe. I am asking for your
assistance in ensuring the safety of the people living in this area;
the danger that this scrap yard imposes to our property is
unacceptable and the potential environmental impact of the yard in a
residential neighbourhood needs to be assessed. Aside from the risk
of another fire, issues like air quality and chemical residue from the
large plume of smoke need to be investigated and taken into
consideration. Our back yards, where our children play, where we cook
on our barbecues, and enjoy our free time are not the safe places we
once thought they were because of this scrap yard.

I have attached some images that I took of the fire from my front and
back yard on Thursday, August 24th, 2006. Please review them and
understand that this is where we live. We need to be able to feel
safe in our own homes and I do not see how that is possible while this
scrap yard continues to operate.

Thank you,

Sean Kloosterman"

Included with the above email were the following photos:




Councillor De Giorgio did reply after a follow up email weeks later. I never recieved a reply or even an acknowledgement of receipt of this email from David Miller or anyone from his office. Perhaps he was too busy to be concerned about the safety of one Toronto neighbourhood. Too busy to take notice of the more than 140 firefighters that were required to battle the blaze that lasted for two days. I wonder how quick the repsonse would have been if this had been his back yard.

On Wednesday, October 18th, 2006 a community safety meeting was scheduled to discuss the fire on Hyde ave. The person responsible for the meeting was Councillor Frank De Giorgio. Sadly, none of the residents of Westbury Cres. received notice that this meeting would be taking place, it was only by accident that one of the neighbours, Vince Nicholson found out about the meeting. He circulated flyers through his neighbourhood and, with less than two days notice a large number of residents still showed up for the meeting. Even though the residents of Westbury cres. had no idea that this meeting was going to take place the scrap yard owner was certainly aware. How this was possible remains a mystery to this day.

The meeting had representitives from Toronto Fire services and By-Law enforcement. We were told about the scrap yard that "it is an inherently dangerous operation". Apparently in the City of Toronto it is acceptable for Schools (less than 1 km away), Community Centres (less than 100 m away) and back yards where our children should be able to play (less than 10 feet away in some cases).

Since this meeting I have made complaints to the City of Toronto By-Law enforcement office and Toronto fire services regarding By-Lay and Fire code violations with no results.

- Sean Kloosterman