Town of Oakville

Bell Mobility through the direction of an agent, Omar Lababidi of Standard Land Company Inc. contacted and consulted with the Town of Oakville in May 2013 concerning the proposed installation of a radiocommunications tower on the site of 3135 Lakeshore Road West (Drago’s Autobody Shop).

A public sign was posted at the site, as instructed by the Town of Oakville planning department, concerning the proposal to erect a radiocommunications tower. The sign remained on site for a period of 21 days directing any concerns of the public to Mr. Lababidi.

The Planning Director for the Town of Oakville, Dana Anderson, issued a letter of non-concurrence to Industry Canada on August 9th, 2013 citing that, although as a land use authority the town does not have jurisdiction to oppose the licence issued by Industry Canada, the Town of Oakville does not support the erection of a radiocommunications tower within 200m of residential areas as stipulated in the Interim Radiocommunicaitons Facilities Protocol approved by council on May 17th, 2012.

To date, there has been no reply from Industry Canada, to the letter of non-concurrence. Without a revocation by Industry Canada of the licence they issued, the erection of the radiocommunications tower will proceed.

The health and safety implications are numerous and an immediate call to action is required of the area residents, and our elected officials on all three levels of government to stop the proposed erection of the radiocommunications tower.



We, the concerned residents of Bronte, ask the Mayor, Councillors and Planning Director of the Town of Oakville to:

Issue a cease and desist order to Mike Drago (Land owner of Drago’s Autobody Shop located at 3135 Lakeshore Road West) and the proponent Bell Mobility Inc. concerning the proposed siting of a 14.9m radiocommunications tower at the aforementioned site.

The objective of the request for cease and desist is to allow time for soil testing and an environmental impact study and further consultation on prevailing concerns of the proposed site for a free standing radiocommunications tower.

The basis for our request for a cease and desist order is as follows:

1. Bylaw 2008-093; A By-law to provide for the licensing and regulation of various businesses in the Town of Oakville

An excerpt from the by-law sets out authority under part IV of the Municipal Act 2001, S.O. 2001 c25, as amended, to issue business licence as a system to:

• Address health and safety, well-being of persons, consumer protection and nuisance control;
• Section 436 of the Municipal Act authorizes a municipality to pass by- laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not there is compliance with a by-law, a direction or order, or a condition of a licence

It is our position that the excavation of the site in order to prepare grounds for the erection of a 14.9m communications tower on the proposed site can potentially pose a significant risk to health and safety of persons engaged in business activity on the site, nearby residents and ecological system by exposing chemicals and toxins from below the surface into the air, soil and ground water system. It is our position that these chemicals and toxins are the result of business activity, automobile repair and spray painting, accumulated since the inception of the autobody shop on previously zoned residential land.

We request an inspection of the site, in particular the proposed area to site the communications tower, to conduct soil testing and an environmental impact study to determine the possible effects and repercussions of:

• Excavating and preparing the grounds to a depth of 3.5m to 4.5m to secure a free standing communications tower and provide a raised base of length and width of 20 – 25% of the exposed height of the communications tower
• Assess air and environmental impact of siting a 14.9m tower on lands designated for residential purpose
• Installations to facilitate the power generation to the communications tower
• Impedance of right-of-way access and further potential hazards to persons on the site and nearby residents in situations of malfunction, fire and other hazards

2. By-law 2010-035 – Health Protection Air Quality (HPAQB)

Under this by-law, the Town of Oakville requires all facilities within Oakville that emit any health risk air pollutants above a prescribed negligible quantity in kilograms per year submit a report and data of emissions.

The expected emissions from an autobody facility would include but not limited to the following air pollutants:
a. Fine Particulate Matter (PM25)
b. Oxides of Nitrogen (NO2)
c. Sulphur Dioxides (SO2)
d. Volatile Organic Compounds (VOC)

Upon review of the published list of facilities in Oakville who have submitted reports and emissions data updated September 30th, 2013, Drago’s Autobody Shop does not appear to have submitted a report and emissions data.

We request the Town of Oakville to compel Mike Drago, the owner of the land and facility located at 3135 Lakeshore Road West to submit a report and emissions data concerning air pollutants generated from the activities of the autobody shop. The objective of this request is to:

• Determine what air pollutants are released and in what quantities potentially hazardous to nearby residents and the environment
• Determine the possible impact of further hazards by the erection of a radiocommunications tower emitting electromagnetic radiation

3. Arrange for and conduct an open house meeting with all concerned residents of Bronte and stakeholders

The Radiocommunications Act and Radiocommunication and Broadcasting Antenna Systems Client Procedures Circular (CPC-2-0-03) and Guide to Assist Land-use Authorities in Developing Antenna Siting Protocols outline certain types of installations whereby the proponent is exempted from consulting with the Municipality and public. The Federation of Municipalities (FCM) and Canadian Wireless Telecommunications Association (CWTA) issued a joint protocol in February 2013, Antenna System Siting Protocol, to assist with the siting and establishing of communication towers in harmony with Industry Canada, land use authorities and concerns of the public. They propose consultation with Municipalities and the public under certain conditions where prudence to do so is prevailing, such as:

• the Antenna System’s physical dimensions, including the antenna, mast, and tower, compared to the local surroundings
• the location of the proposed Antenna System on the property and its proximity to neighbouring residents
• the likelihood of an area being a community-Sensitive location
• Transport Canada marking and lighting requirements for the proposed structure1

It is our opinion that the proposed site of the radiocommunications tower at 3135 Lakeshore Road West meet three of the four criteria outlined above for further examination and consultation with not only land use authorities but the concerned residents within the area.

An open house meeting with concerned residents of the area and stakeholders will provide a structured forum to allow for the following:

a. Presentation and consultation on the results of soil testing and an environmental impact study at the proposed site
b. Presentation and consultation of possible hazardous air pollutants emitted during the course of business at Drago’s Autobody Shop and their impact on nearby residents and environment.
c. Consultation on prevailing concerns of the proposed site and further long-term impact to residents and the surrounding area, including the impact of a radiocommunications tower situated on area prone to chemical and air pollutants by nature of the business activity carried out.

1. FCM/CWTA Joint Protocol: Antenna System and Siting Protocol February 2013

We, the undersigned, call upon the Town of Oakville to issue a cease and desist order to Mike Drago and Bell Mobility Inc. concerning the proposed siting of a radiocommunications tower at 3135 Lakeshore Road West.

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The Stop the Bell-Drago Radiocommunications Tower petition to Town of Oakville was written by Concerned Residents of Bronte and is in the category Environment at GoPetition.