Proposed sewer, street and sidewalk work along George St. have led to encroachment issues identified and many residents are not happy about it.
Residents have been voicing displeasure about letters received from the town regarding encroachment issues. Letters were received by homeowners identifying porches, shrubs, fences and other materials that the town says is on municipal property.
However, the town’s mayor said there are multiple options that can be considered but tearing out people’s porches is not one of them.
For Gerald Schmidt, he said some houses have been there for 100 years and he has lived in his home for 40 years. He believed if the town wanted two-feet of its land back, it should have been done decades ago. Meanwhile, he has been complaining about a tree in front of his home that he says impedes his ability to open a car door when parked on the street. The roots also are heaving sidewalks and make it tough to walk on the boulevard.
“What about public safety?” he asked.
Schmidt added: “Now they want two-feet back? I’m not going to give it to you.
The tree is “a trip hazard,” he added, questioning how wide the roadway and the sidewalk is going to be. He said he has maintained his property for 40 years and now it is being taken back, adding he and other residents have received what they believe are conflicting messages by the town.
“Our street is full of retired people,” he added.
Schmidt was concerned about the hardships that people could face, asking “do you want 27 people to move out?”
Judy Carter said she and her partner received a letter from the town Sept. 26 advising of options to remove their porch or enter into an encroachment agreement with the town. Both come with financial consequences for them, Carter indicated.
“They’ve decided our entire front porch is an encroachment,” she said.
Upfront and ongoing costs are of concern, she said, adding they are on a fixed income.
“We have no way of coming up with the money they want,” she said.
Carter added they want more answers from town officials, stating “we can’t get straight answers from anyone.”
Deadlines to enter into an encroachment agreement by Oct. 31 or to remove the porch by Nov. 15 are very tight and Carter questioned why it is coming when it is.
“Our primary concern is that this has suddenly been put on us,” she said.
Carter said they would rather not have to take their porch down.
“This is a financial hardship for us,” she said. “It’s very upsetting. We’re stressed out about it. We just don’t have a money tree in the backyard.”
“It’s been very confusing the town is going about this,” said Rusty Brown.
Brown also noted the deadlines posted in the letter and questioned how they came about. He said he is not complaining about the removal of shrubs and fences, but rather that neighbours have to deal with issues pertaining to their porches.
“There are porches that nearly touch the sidewalk,” he said. “It’s been like that for 100 years.”
Brown indicated he was going to start a petition but was told to wait until the matter comes before town council Oct. 28.
“It’s just the way they are handling this is totally wrong,” said Brown. “The sticky point is you have to talk to your insurance company and get a $2 million liability.”
There are houses with heritage plaques on them in the neighbourhood, said Brown, and he wonders if the look of them might have to change.
“It’s not that we’re against anything,” he added, “but it’s the way they’re going about it. There are some things that can’t be moved. My thing is I don’t think it’s right.”
Residents say they have reached out to council members, including Mayor Michael Prue, Deputy Mayor Chris Gibb and Councillor Diane Pouget. Gibb said he met with some of the residents about issues they are experiencing, noting the sewer, road and sidewalk repair project will also involve Seymour St.
“In getting ready for the repairs, the way I understand it they found some fences, porches and some parts of the properties are encroaching on town property,” said Gibb.
The neighbourhood is roughly 100-years-old but there are Accessibility for Ontarians with Disabilities Act (AODA) requirements that have to be adhered to. He said the letters were sent out to residents but was open to the idea of finding a solution to the matter.
“Council and administration will try to work with residents so it doesn’t have to disrupt everyone’s lives down there,” he said.
Gibb recalled an issue with structures near waterways that the town dealt with through a specific bylaw that was adapted for the situation. He hopes for a similar resolution on George St.
“Someone could have a porch built 75 years ago that is three-inches on the town’s easement,” he said. “We have to find ways to mesh the old with the new. How do we do that? We have to strive to find a solution that makes sense for Amherstburg.”
Gibb added the council members he has spoken to are open to finding a “made in Amherstburg solution.” He acknowledged the letters the town received may have been scary to some but “council can address it and create a made in Amherstburg solution.”
Pouget said she was not aware of the situation until a few weeks ago. She said she walked the street herself and 13 of the 19 homes she counted would have encroachment issues.
“I was bombarded with complaints,” said Pouget.
Pouget said she contacted Prue, with the understanding it would come up Oct. 28. She had hoped to circulate another letter stating council was dealing with it but was told it was not necessary.
Pouget added many of the residents in that area are on fixed incomes and would have trouble paying fees or for removal of porches or other items.
“It’s very worrisome for them,” she said of the residents.
Noting the $2 million insurance issue, Pouget said a certificate of insurance and a fee would have to be presented to the town every year. She has since learned some sidewalks could vary from four-feet to five-feet.
Many of the homes along George St. are older and Pouget said “that’s part of the charm of that area.” She said her heart goes out to the residents of that street, adding there are other areas of town where business owners are allowed to encroach onto sidewalks but local homeowners are negatively impacted.
Prue said staff went out and delivered letters, which they are required to do. He said the sidewalks have to be expanded to meet AODA requirements and the town has to repair the sewers and the roads. The trees are also going to be kept for environmental reasons.
After speaking with staff, Prue said there was no desire to remove porches from homes.
“There is no appetite to have them lose their porches,” he said.
He added “it’s not every house. It’s just a few” that are impacted.
Prue said of the residents he has spoken with most have seemed receptive to what he is trying to say.
“I’ve told them all to wait and be calm,” he said. “On the 28th, I’m sure everything will be resolved.”
The mayor added “we’re doing the best we can” and emphasized tearing out porches is not one of the options he is willing to consider.
Encroachment issues anger George St. residents, mayor says resolution coming
By Ron Giofu
Encroachment issues anger George St. residents