Controversial developer under investigation for late-night tree cutting

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Modcity, a multi-plex developer that’s under investigation for allegedly cutting down trees without a permit, is facing new accusations this week, this time from residents in the Dufferin-Eglinton area. 

Neighbours near a recently-sold home on a large corner lot on Kirknewton Road say a Modcity executive and a worker began cutting down trees on the property with a chainsaw, starting at about 11 p.m. Monday evening.

Property records indicate the sale of the home doesn’t close until May 28. It remains under the ownership of the current owner — not Modcity.

Rohan Sadana, Modcity’s principal in charge of planning and acquisitions, is listed as the unidentified buyer’s agent.

The neighbours say they recognized Sadana because the company has been active on the street for the past couple of years, buying homes and erecting two other four-plexes.

“I feel very angry, I feel very sad,” said neighbour Stephanie Pacheco, who showed CBC Toronto a video her husband shot of the late night tree-cutting operation. 

In video shot by a neighbour about 11 p.m. on April 20, a man can be seen working with a chainsaw in the yard of the vacant house on Kirknewton Road. (Jonathan Silva)

“It’s trespassing; it’s just a whole bunch of things…it’s really sad for us residents when no action or accountability is being taken.”

CBC Toronto has offered Sadana and another Modcity executive, Ron Sheinin, an opportunity to address the allegations from neighbours. They have not yet responded.

Jonathan Silva, who filmed the tree-cutting, said he decided against calling police, but did inform the city of the late-night tree cutting in a 3-11 call.

Jonathan Silva, who lives across the street from the property, said he decided against calling police when he saw strangers cutting down trees late at night, but did inform the city, which is now investigating. (Mike Smee/CBC)

City staff confirmed Modcity is being investigated for cutting down trees without a permit at eight properties, and after Monday’s activities is now the subject of a ninth probe.

Coun. Dianne Saxe has suggested in the past that developers may remove trees without a permit in order to increase the footprint on which they can build, increasing their profits.

According to the city’s website, in order to fell a tree that’s more than 30 centimetres in diameter, homeowners need to apply to Urban Forestry for a city permit. Fines for cutting a tree without a permit can reach $100,000.

Coun. Alejandra Bravo, who represents the Kirknewton neighbourhood, said in a statement her staff met with city workers yesterday to look for ways to convince the company to abide more closely with city regulations. It’s unclear what the result of Wednesday’s meeting was.

‘Serious concerns’

“I share the community’s serious concerns regarding the unneighbourly conduct of Modcity,” Bravo’s statement reads. “Our office is aware of several infractions in Davenport by Modcity that are under investigation by city staff for which orders to comply have been issued, including non-permitted tree removals and demolition activities undertaken without the necessary permits.

“We have previously attempted to engage them in discussions regarding the concerns raised; however, their engagement to date has focused on offering tours of their buildings rather than addressing the issues.”

The owner of the Kirknewton home could not be reached. Neighbours say she does not currently live on the property. 

Earlier this month, the company was accused by neighbours on Glenrose Avenue, near St. Clair Avenue and Mount Pleasant Road, of removing three mature trees without a permit at a vacant house.

That house had also been sold but the sale had not yet closed. Real estate documents in that case listed Ron Sheinin, Modcity’s general manager, and Sadana as the buyer’s agents.

A stump and some sawdust are all that’s left of a fruit tree that once grew on the front lawn at the Kirknewton Road house. (Mike Smee/CBC)

Neighbors told CBC Toronto that when they challenged the tree-cutting crew on Glenrose, a worker claimed to have city tree-removal permits. City staff say no permits had been issued for that address and that they are investigating. 

At the time, Sadana told CBC Toronto that although he had acted as an agent, Modcity was not the buyer and had nothing to do with removing trees from the property.

In that case, Saxe said that the city has little authority to crack down on developers that illegally remove trees because municipalities don’t have the power to deny a building permit just because a developer has violated tree bylaws.

She said city council has asked the province to grant that authority but has had no response.

CBC Toronto reached out to the Ontario Ministry of Municipal Affairs and Housing on Tuesday for an update on the city’s request, but has not yet received a response.