Roland Garfit has lived in Newmarket for 62 years and he has never had a problem that kept him awake at night — until now.
For about the last 16 months, the semi-retired resident said he hasn’t been able to get a good night’s sleep at his home on John Bowser Crescent, near Davis Drive and Eagle Street West.
Almost without fail, a low rumbling vibration like that of a pump or generator off in the distance starts up about midnight and continues until the sun comes up.
“I’m paying taxes out here for a house that I can’t sleep in,” said Garfit in frustration.
Garfit bought his home 20 years ago when, at the time, it backed onto the Glenway golf course.
That land will soon welcome new residents to a 438-home subdivision known as Marianneville.
“I don’t have any problem at all with vibration or construction noise during the day, but this is happening almost every night and it affects your health,” Garfit said. “It’s ruined our lives in a way. I was at the point where I asked my wife if we should move. But we don’t really want to because I have an elderly mom here.”
“I took on a consulting job and, to be honest, I’m probably going to lose it because of this. You can’t sleep, so you can’t function the next day,” he added.
The vibration now regarded as a nighttime menace by Garfit began when excavation work kicked up at the subdivision. But as the new home construction progressed and the hydro went in, there didn’t seem to be the same need for generators, Garfit noted.
“At the beginning, there were generators to control the pumps because of the water problems in the Glenway,” Garfit said. “It could be some kind of a pumping system near the roads. There’s large holding ponds out there, why are they there? How does the water get to the holding ponds?”
Garfit is convinced there are pumps or some other type of equipment running overnight to possibly control water at the site, something that is prohibited from occurring during that time by a town noise bylaw.
Town launches probe
The Town of Newmarket launched what it calls an exhaustive investigation into the nightly vibration problem after receiving numerous complaints from Garfit dating back to 2018.
But the source of the vibration, however, remains a mystery.
The town’s development and infrastructure services commissioner Peter Noehammer said an independent consultant was hired last fall to conduct vibration monitoring over a two-week period at Garfit’s residence.
That report found no occurrence of vibration in the overnight hours, he said.
Developer the Kerbel Group has also been asked to provide its own overnight vibration monitoring reports and, those, too, show levels below the threshold that would cause any structural damage to properties or create a nuisance to nearby residents.
The Town has also been diligent in advising the developer, its builders and subcontractors to be mindful of noise and vibration, in particular in the overnight and weekend hours, to turn off generators, compressors and machinery, Noehammer said.
The Town has also investigated if underground pumps are running to remove water from the site, and it hasn’t been able to determine if that is the case, he added.
“It’s a very unfortunate situation Mr. Garfit finds himself in, and we’ve been very sympathetic to his concerns, in particular, where he claims it’s preventing him from sleeping at night,” Noehammer said. “But we’ve just exhausted all of our sources to find out the cause. At the end of the day, we haven’t been able to find any source that would generate any vibration in the night hours. It’s a mystery.”
Just Monday, Garfit said he was awakened at 1:30 a.m. by a vibration or pounding sound that continued until 6:30 a.m., when construction crews began turning up for work at the site.
He has in the past invited town staff to his home to witness the vibration for themselves, but nobody has taken him up on the offer given the lateness of the hour.
In one attempt to get to the root of the problem, the Town provided Garfit an email address so that bylaw enforcers on the night shift could investigate.
One bylaw officer who stood on Garfit’s front porch one night felt the vibration, he said, but was powerless to do anything about it.
Several of Garfit's neighbours said they, too, have felt the vibration at night, but didn't want to make a formal complaint to the town. They have since moved away.
“I’d have to go out there and find generators going, which they were, and the Town had it set up so I can email town bylaw at night, but the next day, it’s not happening,” he said. “The only people who can investigate at night is the parking bylaw folks, but they’re not allowed to enter your house at night. Nobody would come over past six o’clock.”
Ward Councillor Christina Bisanz met with Garfit at his home early one evening, he said, but the vibration doesn’t usually begin until near midnight.
More than 25 emails later, with complaints lodged with Town of Newmarket staff, politicians, and chief administrative officer, as well as the developer, Garfit said he is back to where he started.
He has twice escalated his concerns to the Ontario Ombudsman’s office, a last resort when all other avenues have been exhausted.
Bisanz, who brought a motion to council in March 2019 regarding vibration control and monitoring in new and existing subdivisions that council approved for implementation, said Garfit’s experience doesn’t seem to be related to any particular construction activities.
“Staff, our consulting engineer, and the developer have all tried numerous avenues to address his concern by investigating a number of suspected sources of the vibrations he claims to feel,” said Bisanz. “But, unfortunately, each time a potential source was found and eliminated, he would claim to find some relief, but then alleged that it would start again. We have all tried in vain to identify what might be causing what he claims to be feeling, as we sincerely understand his frustration.”
Regarding the town’s vibration bylaw, a first of its kind in York Region that aims to provide protection for residents and a process for developers to follow, Garfit said it does nothing for him.
“It’s been a circle of doing nothing,” he said. “Common sense should tell you there’s something going on during the night at the site.”
“November 2018 was the last contact I had with anyone at the town, after that they shut me down,” Garfit said.
