A number of people who have been living at 131 Main Street in Sackville will be offered alternatives, but must leave their homes by February 12 due to safety issues in the building, a provincial court judge determined on Friday.
A lawyer for the town of Sackville, Christoper Stewart, told the court via teleconference that the safety issues include fire alarms not linked from apartment to apartment, and bedroom windows that are too small or improperly located to meet egress standards, which are designed to allow for escape in case of fire.
Stewart said that some apartments are accessed through other apartments, which he described as a “no-no.” He said inspectors found, “no liveable apartments without a safety issue.”
131 Main Street is a historic mansion which sits across from the Mount Allison campus, and is currently owned by Gordon and Barbara Beal.
Judge Darrell Stephenson told the Beals’ lawyer Ted Ehrhardt that he didn’t “have much latitude in the face of safety issues.”
Ehrhardt said he would “not dispute any of it”.
Friday’s hearing was a continuation of one started the previous week, which had been adjourned while the Town of Sackville and the Beals looked into alternative possible accommodations for the 15 people affected, who are all Mount Allison students.
Stewart said Mount Allison had assured him there were spaces in the university’s residence dorms for affected students, and Ehrhardt said the Beals had located 13 apartments that were available.
Ehrhardt cited one potential problem: some tenants have said they are not moving, he told the judge.
Judge Stevenson acknowledged the court was “putting these students through tremendous inconvenience,” but reminded Ehrhardt the issue goes back to his client, the Beals.
The judge said his order would require the Beals to cover any expenses over and above those of the tenants’ leases, including the cost of a meal plan should they choose to move into residence. He proposed that the students make a decision by February 1, and move by February 12.
The judge also asked that the Town of Sackville guarantee any costs to Mount Allison, then be “on the nickel” for collecting costs from the Beals.
The judge asked the two lawyers to collaborate on writing the order and a letter to inform the tenants of their options.
The town of Sackville brought the case against the Beals’ after an August order to comply with the zoning for the building was ignored, according to town planner Lori Bickford.
131 Main Street is zoned Residential Historic Commercial, which allows for a number of uses including boarding houses, restaurants, professional offices and funeral homes, but not apartments.
The matter will return to court on February 17, to settle further issues, such as future renovations to the building.
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