Markham residents fenced in by 407, province in fight for compensation

YorkRegion.com
March 21, 2017
Tim Kelly

When it comes to getting some help with their fencing or soil issues, Markham residents who live along the 407 just can't get no satisfaction.

Not from Hwy. 407 officials and not from the Government of Ontario, both of whom have washed their hands of helping out beleaguered citizens who live along Rougehaven Way and Shouten Crescent who for years have asked for answers — and some compensation too.

It's not that many of the people who live along the fence line won't pay to replace the rotted out and destroyed fencing that's been there over 15 years. Most admit it's on their private property and it's therefore their expense to replace it.

But the residents do place the blame for the problem on faulty soil erosion caused by either the Ontario government or the 407, whichever authority is responsible, for erecting a berm that they say has slid into the fence over the years, thus ruining it over time.

Residents voiced their frustration with the process in a recent meeting called by Markham Ward 4 Councillor Karen Rea.

“Our fences are falling down and the berm seems to be pushing against the fence, rotting the fence, knocking the fence over, and it’s a big expense,” said John Procenko, a house owner in the area.

“No one seems to take responsibility that the berm was put up incorrectly,” said Procenko.

The fence was made of high-quality materials and “it’s not meant to stay underwater as long as it does,” said Shahe Kassardjian.

Procenko believes someone should step up and take responsibility and pay for a new fence, disagreeing with some of the other residents who say they would be willing to pay for their section of fencing.

The Ontario Government said in a statement from Minister of Transportation and Vaughan MPP Steven Del Duca’s office: "We’re aware of this issue but do not have a role to play in the dispute. Noise walls, built by developers as part of new subdivisions and located on private lands are the responsibility of the new homeowners.”

As for  407/ETR, it also said it has no responsibility in the matter in a brief statement.

"407 ETR has worked with the community and the Town of Markham to resolve the matter on a good neighbour basis," said Kevin Sack, 407 ETR vice-president of marketing, communications and government relations, in a prepared statement. "The company has attended meetings with town staff and the local councillor. 407 ETR has had engineers and staff in to examine the fences and has offered to address safety concerns by building a six-foot chain link fence on 407 ETR property in the areas affected and suggested various options to help address drainage issues. 407 ETR cannot reconstruct the fences built by the home developer on private property as they are approximately 16 years old and are wood fences that have reached the end of their natural life, given their exposure to the elements and their original construction. 407 ETR will continue to work with the community to help resolve the matter and assist residents."

Rea, who was signing up residents for a petition she will present to the Ontario government, is eager to get action taken on the issue.

“He (Transport minister) should offer to help instead of ignoring there is a problem. Why should everything fall on the shoulders of the residents and the municipality. We all get elected and sometimes we have to look at the bigger picture and work toward a solution instead of just saying not my problem and washing their hands from it!

“I am still going to request a meeting with him … and if he refuses, I will go higher up,” Rea said.