Editor’s note: The following is an open letter to Ward 11 Coun. Terry Kett, Mayor Marianne Matichuk and City of Greater Sudbury CAO Doug Nadorozny.

It has come to my attention that an exemption to Chapter 776 of the former City of Sudbury Municipal Code (noise bylaw) has been issued to Tilbury Construction to allow jack-hammering from 10 p.m. to 6 a.m. Sept. 2-7 at the Lasalle Wal-Mart location.

As a resident living adjacent to the New Sudbury shopping centre, I must officially protest this exemption on the grounds that it is illegal and unnecessary and will cause distress and difficulty to local residents.

I became aware of this exemption while filing a complaint with a bylaw officer Aug. 30. I was complaining about excessive noise heard in the Wal-Mart parking lot on the evening of Aug. 29.

I was advised that Tilbury construction denied making any noise on Wednesday night and the matter was left unresolved. During that conversation, the officer mentioned the exemption for the first week of September and I was stunned at the news.

The city allowing all night jack-hammering in a residential area is completely ludicrous. I was then referred to a deputy clerk who not only confirmed the exemption, but defended it.

I was advised that the exemption was valid because only unnecessary noise is outlawed, and this construction was deemed necessary because it could not be done during the day as it would disturb the clients and staff at Walmart.

My contention that the store could be closed during the day while the renovations are completed was met with derision. I was then informed that notices had been sent to all local area residents about this activity taking place next week.

I informed her that no one in my neighbourhood had received such a notice, at which time she assured me that one would be delivered to my home. The notice was in my mailbox upon my return from work, backdated to Aug. 21.

Article 4 of Chapter 776 outlines all possible exemptions according to the municipal code, such as emergency vehicles, public necessities, etc., but there is categorically no exemptions for private corporations to perform renovations. Therefore the exemption is invalid, if not illegal.

I respectfully request this exemption be revoked immediately, if only to allow the working, tax-paying citizens in this area the chance to get the sleep they need, in order to work, so that they can then pay more taxes.

Marty Trudel
Greater Sudbury