[thistleclub]

Locke Street burger bar exhausting residents
(Hamilton Spectator, Meredith MacLeod, May 14 2014)

Neighbours living above Chuck's Burger Bar on Locke Street say the business is smoking them out.

The tenants say they can't enjoy their balconies or keep doors or windows open because an exhaust fan directly below spews smoke and grease.

They provided an email trail of complaints they've made to city authorities documenting their fire, safety and health concerns.

"I know it's a great place and they make great burgers. Great for them," said Jodi Lochead, who moved in shortly before Chuck's opened in the spring of 2011.

"But this has caused problems with people living their lives."

She says she'll have to move if the situation doesn't get better.

City food inspection records show Chuck's was cited three times — April 17, March 21 and Oct. 30 — for having a ventilation system that was not in compliance.

The citations were laid over a buildup of grease on the ground outside and improper cleaning of filters.

Public health regulations do not address the exterior placement of ventilation systems.

Fire inspectors issued an order against the restaurant to prove its ventilation system is installed and operating correctly.

Fire officials were meeting with the restaurant's owners Wednesday.

"The operation is highly intensive in terms of the number of hamburgers it cooks," said chief fire prevention officer Frank Biancucci. "Proper cleaning is critical."

Chuck's Burger Bar co-owners Chris Preston and Erin Millward responded to Spectator requests for comment with an email. They said their location has been home to a restaurant for many years.

"We have been leasing this restaurant with a pre-existing ventilation and exhaust system, which we are using and maintain on a daily basis. Our business is located in a busy commercial area which allows for restaurant use and we are operating in compliance with all regulations. If other tenants in the building have concerns, they may wish to speak with the landlord."

Millward referred followup questions to the building's owner, Kevin Turbitt.

Kim Rosenberg has lived in the building close to 20 years. There have been at least five other restaurants and she says she's never had a problem before.

She says smoke hangs in the air of her apartment and she fears for what she breathes in.

A reporter's visit to the property last week with owner Turbitt found splatters of grease on the metal stairs and railing, and cardboard below the vent covered in dark grease.

There was spray-foam insulation and duct tape on the fan. Turbitt says the restaurant's ventilation system is a tenant fixture and not his responsibility.

"I don't want (Chuck's) to fail but at the same time I have 11 other tenants (eight residential and three commercial) who are dissatisfied."

Turbitt and his tenants want Chuck's owner Preston to move the exhaust vent to the side of the building and then run emissions up a chimney past the roof.

"It's gotten to the point where he won't talk to me anymore," said Turbitt. "I've sent letters but they continue to ignore it."

Councillor Brian McHattie says city staff has followed up all complaints. He sympathizes with the tenants.

"I don't think either you or I would want to live with this," he said.

Chuck's is a "great draw for Locke Street and much loved by many but the deleterious effects on the folks above are not acceptable."