ALBERTON, P.E.I. - Town councillors in Alberton are frustrated about their inability to put the brakes on a project they say is turning a commercially zoned building into an apartment complex without a proper permit.
During an August 2017 council meeting, Alberton officials reviewed two property development applications for what they considered communal housing projects. The applications were put over to subsequent meetings, but were never granted the requested permits.
One of the requests from Nicole Rayner sought to turn the former Dean’s Flooring building at 472 Church St. into multiple occupancy units. Council noted the plan was for 16 single-bedroom units over two floors, with shared washroom and kitchen facilities.
Mayor David Gordon told council at its January meeting that the town had previously issued a stop-work order on the project. He said that order has been ignored.
The mayor expressed frustration that the town has received no help from the provincial government on how to handle the situation.
Alberton’s Chief administrative officer, Susan Wallace Flynn, said an email to the provincial Fire Marshal’s Office was referred to the chief building standards officer with the Department Communities, Land and Environment. Flynn said Joshua Collins responded that, based on the limited information on the application, the project would require the owner involve an architect and, potentially, a professional engineer.
“It’s all we’re asking for — someone to come and inspect the building,” Gordon said.
An inspector from the Fire Marshal’s Office has since visited the site. Since that visit last week, neither the Fire Marshal’s Office nor the town would discuss the outcome with the Journal Pioneer.
A communications officer with the Department of Justice would only confirm that, “The Office of the fire marshal is working on fire code compliance for the property.”
“The ball is in their court now,” Gordon said.
The mayor said he’s received indications there are already as many as 15 people, including one child, residing in the building. He said concerns have been expressed to council about the number of washroom units, but he has been unable to confirm the number.
Town responsible for bylaw enforcement
The Journal Pioneer has made several attempts to reach Nicole Rayner for a response to the town’s concerns, but calls and messages were not returned.
There were already apartment units in the building when Rayner acquired the property, and, while the town acknowledges that is permissible in a commercial zone, it argues the zoning does not permit the entire building to be converted to apartment use.
Despite the town’s concerns, Wayne MacKinnon, a communications officer with the P.E.I. Department of Communities Land and Environment said Tuesday that Alberton has bylaws and an official plan and, as such, is responsible for bylaw enforcement.
“They could hire a bylaw enforcement officer,” MacKinnon said. “They would just go out and hire on their own.”
He noted the Fire Marshal’s Office falls under a separate jurisdiction from planning and is responsible for certifying that a building is safe.
“Is everybody still in agreement to continue to send (the property owner stop-work orders) to see if we can get him to stop until we figure out when he gets the right codes and raise the standards up with it?” Gordon asked.
“My opinion is, if we don’t continue with this, somebody else is going to come in and they’re going to do the same thing,” said Deputy Mayor David Cahill.
Council voted unanimously to deny the building permit.
