Stiffer fines wanted after protected trees allegedly damaged on Don Mills property

Residents of quiet Don Mills neighbourhood are calling for stiffer penalties after a developer allegedly dug inside a fenced-off tree protection zone, ripping up the roots of mature trees.

Stephen Ksiazek, area resident and board member of the Don Mills Resident Association, says this is the second incident in less than a year on the site. As CityNews reported in July, work was temporarily shut down on the Waxwing Place property after crews illegally cut down two mature trees on the same property.

“Basically what’s happening is the builders, and some of the rogue builders know, they can come in, take down trees and there’s virtually no consequences,” Ksiazek said.

When reached by phone, the developer said he believes they did nothing wrong in either incidents and had no comment.

A city report from March says a $10,494 cash-in-lieu fine was imposed on the applicant for the site. It’s not immediately clear if that amount has been paid.

Ksiazek says the fine appears to have been not enough to stop crews from bringing in an excavator to dig inside the tree protection zone.

Neighbours report seeing crews moving the wooden boundary fence surrounding seven to eight trees on the front of the property. They say crews then dug inside the zone, ripping up the roots of some of the trees closest to the home.

“The tree protection was about 10 feet back… they’ve moved it,” Ksiazek said. “You’re not supposed to touch it, you’re not supposed to dig in it. They’ve just gone ahead and done it anyway.”

This latest incident comes after developer Format Group was fined $155,000 for cutting down 40 mature trees on two Bayview properties. One of the trees included a towering Linden over 100 years old.

City councillor Jaye Robinson says a $5,000-per-tree-fine in both cases clearly isn’t sending a strong enough message.

“Clearly we’re not doing enough to protect trees in the city,” she said. “Even though fines can go up to $100,000, they rarely do.”

Robinson says she wants to see stiffer fines and penalties on builders who break the rules, including taking away build permits and long-term stop work orders.

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