Hear this story as reported on Tantramar Report:
The people evicted from a historic mansion at 131 Main Street this month have found alternate accommodations.
Tenants were told they would be evicted, through no fault of their own, in mid January, and they had until Friday, February 12 to be out of the building.
The Town of Sackville took owners Gordon and Barbara Beal to court over a zoning infraction discovered in the summer of 2020. In addition to improper zoning, the apartments in the building had numerous safety issues, found after an inspection by the Southeast Regional Service Commission.
Kathy Beal, daughter of owner Gordon Beal, who preferred not to comment himself, says that she had heard back from all but two tenants, and is confident they too have found new accommodations.
“A few are moving into res, a few found other accommodations,” says Beal. “I found accommodations for a couple of them.”
“It’s just unfortunate,” says Beal. “It was a zoning issue that just messed everything up. Landlord be warned.”
Beal says that up until the town took her parents to court, she believed that apartments were permitted in the historic building at 131 Main, known as Joseph F. Allison House, according to historicplaces.ca.
And in fact, Beal is still under the impression that the second floor apartments, which predate renovations made this summer to add new apartments, are still permitted. But she won’t be renting them anytime soon, she says.
“I’m not gonna rock the boat this year,” says Beal. “We’ll see what happens moving forward. My dad’s not sure what he wants to do, whether, he wants to apply for a new zoning, or whether we might just even sell.”
Beal says her father is in his mid-80s, and that could be a factor. “I don’t think he can be bothered with the whole thing anymore,” she says.
The Beals applied for a change in zoning back in 2014, when they proposed building an apartment building behind Allison House. The lot backs on to a field which is used by Mount Allison University, near the Waterfowl Park. The proposed building was designed to match the architecture of Allison House, but the rezoning required to build it was rejected by Sackville town council at final reading.
The property was in the news again last May, when Gordon Beal cut down a small forest on the property, where the proposed building would have been built. He told Warktimes that clearing the area was an effort to show the size of the property. “It shows how much land I’ve got back there,” he said in May. “I should be able to do something there, I would think.”
Planner Lori Bickford says a complaint came in to her office this summer about renovations happening at 131 Main Street, without a building permit. That complaint led to an inspection, the discovery of the zoning infraction and safety issues, and the town issuing an order in August. After the Beals failed to comply, the town took them to court.
This is the first formal complaint on file for the property, says Bickford, despite the fact that 131 Main Street appears to have been in violation of its zoning for years.
The lot is zoned Residential Historic Commercial, which allows for a number of uses including boarding houses, restaurants, professional offices and funeral homes, but not apartments.
Regardless, apartments have existed in the building since at least 2015, and were even there when Bickford’s office, the Southeast Regional Service Commission, were tenants in the building.
The commission had its office at 131 Main Street until 2018, when it moved to its currently location, says Bickford.
STUDENTS FIND COURT ORDER REASONABLE, MOSTLY
Kathy Beal didn’t say if she felt the court order, which included requiring her parents to cover moving expenses and any rental costs exceeding their current leases, was fair.
“I wasn’t going to contest anything,” says Beal. “It was an unfortunate incident. And, hopefully, everybody can move forward, and won’t scrutinize me too much from here on in.”
Sydney Thorburn, VP External with the Mount Allison Students’ Union, met with a group of students affected by the court order to move, and says most seemed okay with the decision of the court to have the Beals cover moving expenses and any additional rent.
“I think they were happy with that decision,” says Thorburn, adding that there were still many questions regarding individual situations, such as those who decided to return home instead of continuing to rent.
There were also some costs and inconveniences that weren’t covered by the court’s considerations, she says.
“I know some students had bought furniture, for example,” says Thorburn. “Now they’re moving into residence where they don’t need it, and are having a hard time selling it.”
NEW MASU HOUSING POLICY UNDER DEVELOPMENT
Thorburn says that MASU is putting the finishing touches on a new housing policy, which will give the Union more control about which landlords are able to advertise on the MASU housing directory.
The new policy will give the MASU a system to track complaints from students regarding landlords, and the grounds to remove a landlord from its housing directory.
With minor complaints, says Thorburn,”we may give them a warning or a strike. And then if problems persist, then we will take them off the directory,” she says.
“But if it’s an immediate issue, something similar to this where student safety is at risk, then the MASU executive has the right to make the decision to pull their ads from our housing directory,” says Thorburn, “so at least they’re not being promoted through the MASU.”
Kathy Beal, for her part, is hoping that the evictions at 131 Main won’t impact her reputation as a landlord.
“I rent to probably about 50 students,” says Beal, “and, I’ve never had any issues with anybody.”
“It was just an unfortunate incident,” she says, “and somewhat resolved anyway.”
HEADING BACK TO COURT WEDNESDAY
The matter will be back in court on Wednesday to resolve remaining issues, including required renovations to remove the possibility of use as apartments.
