KITCHENER - A group of residents succeeded in blocking a proposal to sell a parcel of industrial land near their homes to a scrap metal dealer.

Seven residents came to a committee of adjustment meeting Tuesday to oppose the plan by Canadian National Railway to sever a parcel of surplus land near the railway line west of Victoria Street. It plans to sell the parcel to a company affiliated with scrap metal dealer Joseph & Co., which is already leasing and using the land to store scrap metal.

The site, a rough triangle of about 1.45 hectares, fronts onto Breithaupt Street, Wellington Street North and Patrick Street in an older neighbourhood in the old North Ward where homes are often close to industrial areas.

Residents argued that the scrapyard is already noisy and unsightly and that rusty-looking, polluted water leaks from the site. They fear that allowing the scrap company to buy another lot will just increase the problems.

They worry that the scrapyard fence isn't sturdy enough to keep kids, pets or trespassers out, and that scrapyard operations create dust and noise in their neighbourhood, and may be damaging the foundations of local homes.

They brought photos of the rusted, ramshackle fence that surrounds the scrapyard, and of the piles of twisted metal and rusting vehicles that loom far higher than the fence.

"They're already breaking the bylaws for unsafe fencing," said Jeff Grominsky, who lives nearby. "If they're already breaking the bylaws, what are they going to do in the future?"

Trevor Ferguson said there's no sign the company has made any effort to clean up the property or make it more presentable. "It's already bad and I don't want it to get worse," he said. "To expect us to believe it's going to be better in the future, I have no faith in that."

City planning staff, which recommended that the committee approve the lot severance, stressed that the committee of adjustment's job was simply to decide whether to allow the lot to be severed.

Although the land is zoned industrial, a scrapyard isn't permitted, said Juliane von Westerholt, a senior planner with the city. If the new owner wants to expand its scrap metal business into the new parcel it would need to apply for a zone change, which is a public process that residents could participate in, she said.

The scrap dealer is using the land to store and weigh scrap and to store equipment, but not to run a salvage yard, said Amichai Tsarfati, one of the owners of Joseph & Co. Industrial storage is allowed under the current zoning, he pointed out. "Currently, we're working within the bylaw. We don't dump bins there. We don't load bins there."

"I'm happy to be a good neighbour," he said. "Recycling isn't pretty but I think we operate safely and responsibly."

The committee voted 2-1 to refuse the severance. Committee member Jennifer Meader said she felt the application was "premature," since Joseph & Co. is not able to say what it plans to use the land for.

She also said the issues raised by residents were a concern. "I'm also hearing they're perhaps using the site illegally. In my experience you should come before the committee with clean hands."

Tsarfati said he may consider appealing the decision.

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Residents said they were pleased with the committee's decision, but recognize they may face an ongoing fight.

"This is the first step," said Ferguson. "I don't think this is over."