Developers consider options after Chamcook lobster facility rejected

The Indigenous developers behind a proposed lobster holding facility in Chamcook said they're considering their next steps after the project was rejected by a planning board March 14.

The special planning advisory committee meeting in Saint Andrews voted to reject a variance needed for the proposal from Sistansisk (St. Mary's) First Nation, which involved a 7,000 square-foot facility to hold live lobster caught by fishers on their boats in Chamcook Harbour and elsewhere.

The 1.1 acre lot on St. Andrew's Road North is zoned for rural use, which includes both residential and "light industrial" uses. Southwest Regional Service Commission planner Alex Henderson told the meeting a variance was needed to declare the facility a "light industrial" use because a facility of its type, which doesn't involve fish processing but also isn't an "agricultural" use, had not existed in the existing Chamcook rural plan.

The variance had been approved by a Southwest Regional Service Commission planning board in 2022, prior to amalgamation. Nearby residents appealed on the basis that the notices had not provided the appropriate information or been given to enough people, and the province's appeals board sent the decision back to be either confirmed, reversed or amended.

In January, the committee held a public hearing that included presentations from planners, staff from the project as well as Sitansisk Chief Allan Polchies, Jr., who asked residents to "make a partnership" with his nation, whose lands are located across the river from downtown Fredericton. After sending public notice to 67 homes in a one kilometre radius around the project, 14 residents spoke against, with some saying that the use wasn't compatible with the surrounding residential property and saying they had come to the area for "trees, ocean and quiet."

The board voted at that time to table a vote to give the seven committee representatives time to consider the presentations given.

"Polling of affected residents and hearing concerns is a critical part of the process. In this case, the public has clearly spoken," said Coun. Annette Harland, who moved to reverse the previous approval. She said that the use was not consistent with light industrial, and that the area had changed to be an "established residential area" since the last time the Chamcook rural plan was updated. A post-amalgamation municipal plan by the Town of Saint Andrews is currently underway.

David Bardwell, spokesperson for Sitansisk, said Monday that the nation was "disappointed" with the decision, saying it creates "another barrier" for Wolastoqey fisheries development in the province, saying they currently intend to "reformulate" with their fisheries staff and consider their options.

"The facilities proposed would have provided an Indigenous-owned solution to our fishers needs, and would help improve the financial viability of our licensed commercial fishing vessels," Bardwell said. "We remain confident that the residents of the area will remain undisturbed by any developments we propose and intend to be good neighbours."

Bardwell said they had not as of Tuesday filed an appeal, saying the nation wouldn't rule it out if they found "a solution that may work" for all involved.

Under the Community Planning Act, applicants have 60 days to appeal a refusal on the basis of misapplication of the law or unreasonable use of powers, but only 10 days to appeal an action for unreasonable hardship or because it was unnecessary to protect the local government's interest, which expired Sunday.

Between January and March, the developer filed an amended site plan after the province's department of transportation and infrastructure responded to planners with concerns about the road, Henderson told the meeting. Residents were given another opportunity to comment on the changes, with a new residential notice, he said.

The comment from DTI suggested that the building's five metre setbacks from the property line didn't meet department standards, the road was "very narrow" posing an issue for trucks, and with a load rating of 43.500 kilograms "possible road stress will occur" depending on load size, Henderson said. The new plan included wider 7.5 m setbacks, Henderson said, with promises not to exceed weight restrictions.

The meeting heard from St. Andrew's Road North residents Gayle Reed and Brenda Weiwood in opposition, with Reed saying the revised site plan "makes the lot even smaller," and a video showed that traffic on the dead-end road has to drive on the soft shoulder when two vehicles pass.

Harkness Road resident Jack Gibbons spoke in favour of the proposal, saying that the developer had responded with changes to the plan, and that other roads in the area are also narrow and have to contend with trucks.

In her motion to reverse the approval, Harland said the rural plan allows light industrial use only when it's non-polluting and non-harmful to the environment. She said she appreciated the developers' changes, but added that the measures "will mitigate, not eradicate" noise and light pollution, and effluent feeding into the harbour. She said the road would not support a peak-season number of 3-10 trucks per day, creating a "huge safety issue."

The motion passed unanimously.

Sitansisk councillor Michael Bear asked about appeals, and Henderson said his office would help an applicant if one was desired. Another request was made to speak as the board was moving to adjourn, but PAC chair Jill Stewart ruled that the public hearing and question period had both been closed.

Stewart told Brunswick News that the meetings were packed and that everyone had opportunities to give their input.

"This was certainly one of the more complex files that our committee ... will look at," she said. "All of the committee members took their work seriously, I couldn't ask for more. I was happy with the level of preparation that was put into it from all parties."

Weiwood declined a request for comment, and a request for comment from Reed was not returned.

Andrew Bates, Local Journalism Initiative Reporter, Telegraph-Journal