Faced with the protests of residents and the fact that the project has been found to be non-compliant, the Municipality of Pointe-des-Cascades announced on Monday that it was suspending the construction project at 18, boulevard Soulanges.

At a special meeting of the municipal council, at which more than forty residents attempted to obtain answers to their questions, the elected officials unanimously adopted a resolution, putting the construction project for two 12-unit units on ice.

The permits were suspended “until the permit holder complies with his obligations to the municipality and his project complies with municipal bylaws”, reads the unanimously adopted resolution.

“The story began with the announcement of a change of address for the citizens of rue Léry. A citizen, Ms. Leroux, gave us a presentation to show that the permits had been issued, despite some non-conformities. Following the meeting, the municipal council decided to suspend the permits while we look into the non-conformities. The file is currently in the hands of our lawyers, and we are awaiting their response,” explained the municipality's mayor, Peter Zytynsky.

The suspension of the permits quickly reassured citizens, including Ms. Leroux, a resident of Rue Léry, who made it clear that she was in no way opposed to the project, as long as it complied with existing regulations. 

Too many apartments, not enough parking

According to information shared by concerned citizens, the two building permits were issued last June to the contractor Groupe Carrier, despite the fact that the plans proposed by the latter presented at least two non-conformities, including parking lots and the number of housing units.

In its current form, the project calls for 36 parking spaces, or 1.5 spaces per dwelling unit. These spaces would be located on the sides and rear of the buildings. Under current bylaws, the municipality requires a minimum of two off-street parking spaces per housing unit. 

“I went to see the contractor when he started cutting the trees to tell him that he wasn't allowed to cut because his project didn't comply with the bylaw. He told me that he was aware of this, but that the Municipality had told him that the bylaws would be changed soon,” a local resident told Néomédia.

Another point raised by citizens was the number of housing units on the lot. Currently, municipal bylaws stipulate that “there can only be one principal and regulatory use per lot. (...) But there can be no more than one main building per lot (...)”.

The urban planning by-law also states that multi-family dwellings may include between 5 and 12 housing units. “Therefore, if the construction project consists of a semi-detached multi-family building on a single lot, the maximum number of dwelling units permitted in total would be 12. The present project, which totals 24 housing units, is non-compliant,” the citizens argue. 

To comply, the project would have to be built on two lots.

During the meeting, the citizens tried to find out whether the land at 18, boulevard de Soulanges had one or more lots. According to the mayor, it is a single lot.

For his part, according to the Municipality's Director General, Serge Raymond, a subdivision certificate would have been filed to subdivide the land into three lots. A subdivision application for 18, boulevard de Soulanges was indeed submitted to the municipal council on June 3. 

 “They say it's one lot, then it's two and now it's three,” said a dismayed citizen. 

Contacted by Néomédia, contractor Alexandre Carrier of Groupe Carrier confirmed that a subdivision application had been filed and that certificates should be issued by August 30. 

“I have indeed applied for a subdivision to divide the lot into three. According to our plans, the project will be built on two lots, while the third will be ceded to the City for the construction of a park. The issuance of the permits was conditional on the transfer of the third lot,” said the contractor.

Illegal permits

According to the citizens, because of the non-conformities raised, the Municipality issued building permits illegally. Urbanism Bylaw 124 states:

“A building permit cannot be issued unless the following conditions are met: 

a) the proposed construction complies with the requirements of this by-law and the Municipality's other planning by-laws (...)”.

It's important to note that before a project of this scope can be carried out, a number of steps must be taken. First, the project must be presented to the municipal urban planner, who ensures that it complies with municipal bylaws. 

Next, the file is presented to the Comité consultatif d'urbanisme (CCU), made up of elected municipal officials and citizens. Their task is to analyze the project and make recommendations, either favorable or unfavorable, to the municipal council, in accordance with current regulations. Once this stage has been completed, the council may or may not approve the project. 

Citizens were left in the dark as to how the permits could have been issued despite the non-conformities, and more importantly, why the people responsible for the study and validity of urban planning projects had not raised the said non-conformities.

“Where's the mistake? Is it the municipal inspector who hasn't checked his bylaws? How is it that this person is still employed by the city?” asked one citizen, without getting an answer.

“There's a kind of silence. Our questions aren't being answered. We realize that even the councillors are ill-informed, that they don't have all the information they need to make a decision,” confided a resident, speaking on condition of anonymity. 

The case is currently in the hands of lawyers for the municipality and the contractor. The Municipality's Director General, Serge Raymond, declined our request for an interview.

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