Developer John Lafford plans to start construction on a new apartment building behind the historic Fisher House by mid-July.

Lafford made the statement at a public hearing before Tantramar Council concerning two proposed zoning bylaw changes that would make way for his development of  a six-storey, 71-unit apartment building at 131 Main Street.

Council didn’t discuss or debate the amendments after the hearing on Tuesday afternoon, but will have a chance to do so at their next regular meeting on July 11.

Before Lafford can proceed, his requested amendments need to pass three readings in council, taking place over at least two meetings. The next regular meeting after July 11 is scheduled for August 8, but council also has the ability to call a special meeting at any time.

‘A divisive issue in our community’

The gallery of Tantramar council chambers was packed with over 40 people for the public hearing on Tuesday.

Plan 360 planner Lori Bickford started by laying out the case for the amendments, which would rezone part of the property and then amend that zone to allow for taller buildings up to 65 feet in height. Bickford included a site plan in her presentation, but did not present renderings of what the building would look like in context, a point of concern raised early on by some residents.

About a dozen people took to the microphone to express their thoughts. Another ten had submitted comments in writing, which were included in Bickford’s report.

Public opinion appeared to be split, with slightly more people coming down against the changes, or at least expressing concerns with the proposed building or its location. In total, thirteen people spoke or wrote to council with concerns, and nine people either spoke or wrote in favour of making the changes.

Meredith Fisher was one of those who spoke against the proposed amendments, but expressed sympathy for the decision faced by the new council. “I know it’s not an easy thing for you to be facing these kinds of issues,” said Fisher. “It is a divisive issue in our community. We have been there before, and it divides not only the community, it divides families, it divides neighborhoods.”

Marshwinds residents concerned over proximity and height

A number of residents from the neighbouring Marshwinds Co-op expressed concern about both the height and close proximity of the six-storey building to the Co-op’s cluster of houses. Drawings presented by planner Lori Bickford at the public hearing show about 6.4 metres or 20 feet between the building and the property line on either side.

Site plan for 131 Main development included in Plan 360’s report to council, June 27, 2023.

“It would loom over our properties,” said Marshwinds Co-op president Bill Burrows. “I’m sure someone could stand on the balcony up there and flick their cigar ashes on people at the Co-op below. It’s just too close and just too high.”

Another Marshwinds resident, Cathy Pettipas, noted that Marshwinds residents hadn’t objected to previous smaller development proposals on the site. Pettipas also said the mention of affordable housing in connection with the proposal made her “cringe”.

Marshwinds Co-op resident Cathy Pettipas spoke against the proposed development, and took issue with calling some of the units ‘affordable’. Image: Tantramar Youtube channel.

“I would love to have been able to bring to you a proposal for housing that is affordable housing,” said Pettipas. “Affordable housing as defined by our housing Co-op and by NB Housing is 30% below market rent. That’s what we try to maintain and let me tell you, it’s a heck of a job to try to meet those demands.”

Bickford’s presentation had earlier told councillors that the project included 18 one bedroom units that are “presented as affordable housing units.” The single units would be priced under $1000 per month, Lafford told council.

Flood risk concerns

Former Sackville town councillor and climate change expert Sabine Dietz told council that the location of the proposed building, which overlaps the projected future 1-in-100 year flood hazard zone according to the province of New Brunswick, should be a no-go.

“Anywhere near floodlines, you’re risking lives, you’re acting not in the community’s best interests,” said Dietz, who urged council to reject the rezoning application. “It’s the only tool you have to prevent a putting up a building in a risk zone,” said Dietz, “so you should use it.”

‘Ideal’ location for some

In contrast to the concerns about the site of the building, John Read told council the location was ideal, considering it’s already a residential area in close proximity to the university and the downtown. He also cited the need for rental housing as a major factor in favour, noting that past Lafford developments have freed up existing single family homes for sale in Sackville. “It’s not just there’s a new apartment block which is available, but houses become available,” said Read. “So I think this is critical.”

Tantramar resident John Read told council the location was ‘ideal’, but he was concerned about increasing allowable heights across all R3 zones. Image: Tantramar Youtube channel

Read’s one concern was the fact that the changes to the R3 zone that council has been asked to approve will apply to all R3 zoned properties in the town, and not just the property in question. Currently, over 100 acres of vacant land in Sackville is zoned R3, most of it outside the centre of town.

John Lafford was given the opportunity to speak at the end of the hearing, and leaned heavily on the need for housing in his case for council approval of the zoning changes. He also said that his building, with 71 units, would have a smaller environmental footprint than the equivalent number of single family homes. Lafford also doubled down on his choice of location for the high density development, in reaction to one speaker who suggested an apartment building of this size be built outside of town. “That location is critical for this development,” said Lafford. “Who is going to invest $17 million out in a field? That’s impossible. That’s not a fair request.”

Comments on affordability curtailed

Mayor Andrew Black chimed in several times during the public hearing, attempting to steer the comments away from certain areas, including the purported affordability of the proposed apartments, and the building’s proximity to a future 1-in-100 year flood risk zone. Despite the fact that affordability was included in Lafford’s proposal, Black shut down comments from members of the public challenging the assertion. “Council has no decision over what price the developer wants to charge for rent for the building,” said Black.

Mayor Andrew Black speaking to a member of the public during Committee of the Whole, June 27, 2023. Image: Tantramar Youtube channel

Despite Black’s cautions, council’s procedures bylaw does not require councillors to limit the factors they consider when voting on proposed by-law amendments.

Black also pointed out that current laws don’t prohibit building in a flood risk zone, though they do restrict the placement of bedrooms below flood risk elevation. Sackville’s municipal plan was due to be reviewed in 2020, with new flood risk mapping from the province ready to be adopted, but a review and adoption of updated flood mapping continues to be postponed by Plan 360.

“There’s an argument to be made to look at municipal plan and look at zoning bylaws in the future,” said Black. “We need to do that anyway, in the municipality of Tantramar. Will there be a conversation around floodplains? Probably. Will there be a conversation around maybe building affordable housing? Probably. But right now, the laws that exist, that we operate under, allow for development in floodplains.”