An error in a major development on Water Street in Saint Andrews drew significant debate from the council.
The Argyll Residences are luxury condos being built in the downtown core of Saint Andrews, with retail space along the bottom.
Developer John Rocca has asked the council for an encroachment agreement – which essentially means the development will be required to use public land – in this case, the sidewalk.
He said this was necessary because of a mistake made by the engineering firm working on the project.
“The civil work for this project was done by the engineering firm, unfortunately, using the incorrect survey plan,” he said presenting to the council. “That problem was discovered after construction started when the walls were done.”
The walls were expected to be at a certain elevation to ensure we were at level with the sidewalk, but that was not the case.
“The solution is not what I hoped for,” he said.
He explained it would not be possible for the two to be at grade unless it was delayed, redesigned, and he spent an additional $200,000 to re-do the work.
Rocca will take care of the cost of redesign.
No stop-work order was ever issued, according to both Rocca and Southwest New Brunswick Service Commission Planning (SNBSC) Director Alex Henderson – due to the fact the developer was already working toward a solution.
“If there wasn’t a solution, and we needed to get progress, then a stop-work order would have been issued,” Henderson said.
A redesign was shown to the council which outlined the exact space of the encroachment. According to those, the concrete step and ramp would be about 2.29 metres, leaving about 1.66 metres for the remaining sidewalk.
The engineer, who attended the council meeting virtually, explained these measurements are well over double the code required for barrier-free access.
The project never came to council in its second form originally because all building permits go through the SNBSC, and it met all the requirements within the town’s bylaws.
An earlier version requiring several variances under a different developer, which did come before the council, and was rejected.
Coun. Lee Heenan said he took issue with the fact it never came to the council but has also noticed the height difference himself.
“A group of us go for coffee every morning across the street from your building and everybody at the table noticed that the height was above the sidewalk,” he said. “That really bothers me, that we, as individuals, could see this and yet a whole lot of people working there did not.”
The building is expected to be a bit more modern, with a wooden exterior and concrete lower retail space, which is in contrast to the national historic district it will become a part of.
Councillors expressed concerns over the designed ramp.
“It looks like it is quite extensive,” said Mayor Brad Henderson.
Henderson expressed concerns about the width of the sidewalk after the encroachment.
Chief Administrative Officer Chris Spear said the bricks, which line the sidewalks in Saint Andrews and are not meant for walking on, would likely need to be removed to allow for enough space.
There were also concerns about the ramp being hit by sidewalk plows and potentially creating a tripping hazard for those walking in the wintertime.
“There is no rail at the front of this, and it jets out so far, it could be a hazard,” Henderson said.
Spear confirmed a rail is requested as part of the encroachment agreement.
Coun. Annette Harland and Coun. Steve Neil also expressed concerns about the possible hazards of the small concrete step and ramp and concerns of a smaller sidewalk.
“I definitely think we have to do something about the bricks on the curbside, but I really just see that as being a hazard,” Harland said.
Staff and the developer believe any safety concerns can be mitigated by a railing that indicates the step for pedestrians, cyclists, and snow plow operators alike.
It remains unclear what the council might do, but it is exploring several options including requiring the developer to pay for the land it would use for the encroachment.
“I think formal encroachment conditions would be appropriate in this particular case,” Henderson said.
The council approved the encroachment in principle but did not outright agree to it.
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