Neighbours lose fight against metal scrapyard
Ontario Municipal Board approves severance of surplus CN lands
KITCHENER — The Ontario Municipal Board allowed a severance Thursday of surplus rail land, paving the way for the property to be sold to the scrapyard next door, over the objections of nearby residents who fear the problems they now endure with the scrapyard will worsen if the sale goes ahead.
Canadian National Railway wants to sever a parcel of surplus land near the railway line west of Victoria Street. It planned to sell the parcel to a company affiliated with scrap metal dealer Joseph & Company, which is already leasing the land and using it to store scrap metal.
The site, a rough triangle of about 1.45 hectares, fronts onto Breithaupt Street, Wellington Street North and Patrick Street in an older neighbourhood in the old North Ward where homes are often close to industrial sites.
Residents succeeded in convincing Kitchener’s committee of adjustment last September that the severance shouldn’t go ahead. They argued that the scrapyard is not properly fenced, that its operations create noise and dust and may be leaking contaminants, and said they feared that allowing the scrap company to buy another lot will just increase the problems.
“Most nearby residents have lost faith that this company can live up to its current obligations, let alone any expansion plans,” Ron Smith, who owns property on Patrick Street, testified at the hearing Thursday at Kitchener City Hall.
Resident Barbra McDonnell-Schultz submitted photos of the scrapyard operation. The photos showed corrugated metal and plywood fencing, leaning askew and with gaping spaces.
But the photos were ruled irrelevant, since the hearing was about whether the severance should be allowed, and not about whether Joseph & Company might be violating city fencing or noise bylaws.
The municipal board’s Jyoti Zuidema ruled that the severance should proceed.
“I understand the concerns of the residents,” she said. “You’re concerned about who is going to own this property and ultimately what they’re going to do with it ... I absolutely appreciate those concerns, but that is outside my jurisdiction with respect to this case.”
She noted there was no evidence that the scrapyard intends to expand, and that the planner hired by CN, Eric Saulesleja, testified that the land to be severed is used only for an industrial weigh scale and for storing materials. That’s a “vastly different” land use than processing scrap metal, he said.
If the scrap operation wanted to expand in future, it would have to apply for a zoning change, which would be a public process in which residents could voice any concerns, Zuidema said.
Joseph & Company has no plans to expand, said Amichai Tsarfati, a partner in the company. “We’re doing exactly what we’re doing now.”
Smith said residents were disappointed with the decision and fear the salvage operations may gradually creep into the adjacent parcel over time. “Certainly, the neighbourhood is going to be on watch to ensure Joseph & Company lives up to its promises and obligations.”
Lawyer Steve O’Melia, who represented CN Rail at the hearing, said CN intends to proceed “diligently” with the severance and the land sale. “Their goal is to divest themselves of this property.”