'No courtesy, no consideration': Residents call for after-hours construction to stop

Residents living in central Windsor are fed up with after-hours construction at a commercial development, calling on the contractor to stop working through the night.

“First it was the steel, the riveting noises and the bang, bang, bang, bang. Finally, at 11 p.m. I called police,” said Lisa Halley, who has lived on Norman Road for eight years. “They continued into 2 a.m. There is no courtesy. There is no consideration.”

Halley is referring to the redevelopment of the Rose City Shopping Centre. According to the developer, Westdell Development Corporation, once complete, the centre will have additional commercial space with refreshed parking surfaces.

“They decided to build this monster,” said John Barsotta, a resident of 25 years. “It’s very upsetting.”

The construction of a new structure is just feet away from his backyard fence, which he said is causing him and his neighbours grief.

“This whole block is just totally upset and destroyed,” he added. “They blare their radio every night. The noise is 24/7, seven days a week.”

John Barsotta, a resident on Norman Road for 25 years, standing in his backyard where the commercial development is seen on Oct. 18, 2024. (Stefanie Masotti/CTV News Windsor)

Under the city’s noise bylaw, construction work is permitted between 6 a.m. and 8 p.m. Construction work can still go on; however, it needs to be in a manner that is not a nuisance to residents.

Barsotta also called police and filed a complaint with 311.

“The city’s response that I got was, ‘we’ll give you a case number and we’ll get back to you within one to two weeks,’” he told CTV News.

“One to two weeks doesn’t do anything. What’s that going to do at two in the morning?”

The City of Windsor confirmed they receive multiple complaints and as a result, deployed a by-law officer to investigate the matter.

“Before we move forward with any type of charges or enforcement, we let them know that a complaint came in and that there are concerns from residents,” said Craig Robertson, manager of licensing and enforcement for the City of Windsor.

“The property owner and the construction manager were sympathetic to residents and said that they would change their operations and comply with the by-law."

In a statement sent to CTV News, Westdell Development Corporation stated:

Westdell Development Corporation is a commercial, office and residential development company based in London, Ont. that has been developing and managing a growing portfolio of commercial, office and residential properties for over 30 years. A portion of Westdell's portfolio is within Windsor Proper and includes Rose City Shopping Centre Inc., located at 5050-5060 Tecumseh Road East. Currently, this property is undergoing further development of the existing commercial plaza, such that additional commercial space is being added and parking surfaces are being refreshed.

Part of the development process includes the time sensitive process of pouring slabs. Such a process was engaged in the very early hours of October 16 (6 a.m.), and despite our contractor's best efforts, due to weather it was delayed into the night and early hours of the 17. The pouring process itself is not only timely but (one that cannot incur delays) once started, cannot be stopped until finished. We do note that this work is now complete, and no further disruption is anticipated.

Westdell Development Corporation prides itself in bringing opportunities of development to areas most in need. Westdell is working with the neighbouring residents to build a brand-new fence surrounding the Commercial Plaza at no cost to the neighbours. We trust that once this development is complete, the Rose City Shopping Centre will continue to be a prominent shopping venue for the city of Windsor.

According to the City of Windsor, in 2023, the city received 544 noise complaints the by-law unit addressed. The city has received 422 complaints so far this year.

If noise continues after a warning from by-law enforcement, an individual or company can face a fine of up to $5,000.

In addition to filing a complaint with 311, Robertson encourages residents to call Windsor police after hours (non-emergency line), if needed.

Barsotta is calling on the developer to be more considerate.

“They should be more responsive when they’re going to do something like this. At least let the people know.”