Developer requesting early morning noise exemption during Kitchener construction

How early is too early for construction? Builders want a noise exemption to start construction at 6 a.m. Krista Simpson hears from people who say it sets a problematic precedent.

The builders of a Kitchener housing development are asking city council for a noise exemption that would allow them to start construction at 6 a.m., an hour earlier than what’s currently allowed.

"I think it's already starting a little bit early as it is so adding that extra hour will definitely be cutting into some people's sleep," said one community member.

"I would honestly rather them start earlier if they can finish earlier. That way, they can at least finish and then one day we'll have no construction," said another community member.

While the city has allowed builders to extend their hours for specific reasons like concrete pours in the past, VanMar Constructors Inc. is requesting the exemption for their Station Park development at 641 King St. W. for a seven month period between October 2024 and April 2025.

In written material provided to city council, the company’s design and approval associate said the earlier start would help advance the project’s timeline, allowing tradespeople and workers travelling from across the Greater Toronto Area to avoid peak traffic hours, and provide more flexibility with scheduling.

"If this exemption is approved, this building can be occupied up to two months earlier," said Catheryne McCutcheon, design and approvals associate at VanMar Constructors Inc.

The request notes that many union regulations limit work hours until 3 p.m., so an earlier start is “crucial for maximizing productivity and ensuring a full workday.” McCutcheon also added that builders would avoid especially noisy activities first thing in the morning.

"We wouldn't allow any jackhammering, hammering, any gas powered equipment to operate, no saws or concrete chipping," she said.

City councillors considered the request at the Finance and Corporate Services Committee meeting on Sept. 16.

Ultimately, councillors voted to defer a decision until some consultation with people who live in the neighbourhood is done.

The staff report noted that they have yet to speak with nearby residents about the issue, and that it is unusual to approve a noise exemption for that length of time. The councillor for the area says she agrees with staff.

"I think it's a good opportunity for us to say 'no, this is what we do,'" said Ward 9 Coun., Debbie Chapman. "This is how the rules are set out and thank you for for respecting them. I’ve received messages from several residents in the neighbourhood saying that 'no, this is not okay. I work late and I don’t want to have to wake up at six in the morning to noise down the street.'"

During the pandemic, when municipal noise bylaws were paused to allow for construction between 6 a.m. and 10 p.m., the city consistently received complaints about disturbances.

The staff report said, with so many condo developments in Kitchener, approving the request could set a precedent that would lead to many more noise exemption requests.

"If we allow this exemption to be passed or to be accepted, it's just going to open the floodgates for other developers wanting to do the same," Chapman said.