Mary Street apartment project receives crucial approvals

A four-storey residential building with 41 units being proposed on Mary Street has received two necessary approvals to move forward.

The condo project was previously considered by the town early last year but came back this week with some revisions to plans related height, massing, and setbacks. 

The initial proposal included a rooftop pool, but that has been axed from the plans at 223 and 227 Mary St.  

“We recognized there were concerns with privacy and we’re willing to address that,” said Jesse Auspitz from NPG Planning Solutions on behalf of the developer at last week's town planning committee meeting.

The proposed height has been reduced from 18 metres to 13.8 metres. 

The owner of the property, which fronts Mary Street and runs parallel and behind homes facing Mississagua Street, sought Official Plan and zoning bylaw amendments to move forward, one of which allows the building to be taller than 12 metres.. 

Richard Ellis, a William Street resident, said he is not opposed to development, but alleged there are “two sets of rules” when it comes to municipal approvals – ones for people like himself who have to follow process when putting in windows and an in-ground pool at his home, and another set for developers. He said he believes the apartment project should be required to move forward within the confines of the town’s policies. 

“What we are against is a project that does not respect or comply with the town’s Official Plan,” he said.  

Coun. Erwin Wiens asked staff to respond to the comment made by Ellis about there being two sets of rules.  

Under the Planning Act, municipal governments are allowed to adjust policies related to specific projects, which planning director Kirsten McCauley said is an example of the town still sticking with its Official Plan – even if the amendments were approved.  

“We do consistently apply the rules,” said McCauley. “It does just depend on the proposal, the location, the complexity of the proposal.” 

The project is planned to have 41 units with 48 parking spaces, 44 of which will be located underground.  

Parking being a concern for Coun. Sandra O’Connor, McCauley also said the town is unable to order the developer to provide more spaces because what is being proposed is more than what’s required, which is one space per unit.  

To address comments and reduce the massing of the building, the location has been shifted to relocate the proposed driveway of the underground parking lot, to be farther away from the Mississagua Street and Mary Street intersection and to align with the commercial driveway on the south side of Mary Street, reads the report approved by a 5-3 vote on Tuesday.  

A holding provision is also in place to address requirements related to stormwater management and the associated agreements to ensure the stormwater approach for the development is addressed to the satisfaction of the town prior to site plan approval, reads the staff report.  

Lord Mayor Gary Zalepa pointed to a housing gap in Niagara-on-the-Lake, and said this project is part of that solution.  

“This is going to deal with that,” said Zalepa, admitting these types of decisions are “not easy.”  

The site consist of two properties, which have a combined area of 4,130 square metres with a frontage of 45.59 metres along Mary Street and a lot depth of 90.8 metres. The lands will be required to merge in title to facilitate this development. The property at 227 Mary St. currently contains an existing dwelling and two accessory buildings, while 223 Mary St. is vacant. 

The surrounding area includes low-rise residences, with several businesses to the south along the Mary Street corridor and along Mississagua Street. 

Voting against the project were Couns. Gary Burroughs, O’Connor, and Tim Balasiuk.  

In favour were Zalepa, as well as Wiens, and Couns. Maria Mavridis, Wendy Cheropita, and Adriana Vizzari.