A Blair resident has asked the city how extensive work underway at the site of the Blair mega-warehouse project in preparation for a foundation can move ahead without a site plan or building permit.
In March, Cambridge city council reversed its decision on a project to build a million square-foot mega warehouse at the corner of Dickie Settlement Road and Fountain Street South, giving Broccolini Real Estate Group the green light to proceed with a Minister's Zoning Order (MZO) on the site.
The tenant of the so-called "e-commerce fulfillment centre" proposed for the site is rumoured to be Amazon, but neither the city nor the developer has confirmed who the tenant will be if the MZO is approved.
Tim Armstrong reached out to CambridgeToday and the City of Cambridge with that question earlier this week, prompting the city to send one of its building inspectors to the site to investigate.
Deputy city manager Hardy Bromberg responded via email to Armstrong and CambridgeToday that a building inspector visited the site and found forms and rebar installed in preparation for the construction of footings.
"The property owner is permitted to install forming or cribbing and placement of rebar in absence of a building permit," Bromberg explained. "Construction is deemed to begin when concrete is poured."
But Armstrong, who is one of the lead opponents of the warehouse through the grassroots community group Blair Engaged, didn't buy it, asking Bromberg to provide proof of his claim.
"You need a permit if you excavate or construct a foundation," Armstrong blasted back in an email. "Broccolini has a grading permit and demolition permit only. Please stop the BS."
According to Ontario Building Code, a building permit is required when excavating or constructing a foundation.
Bromberg stuck to his claim that under the Act, what is happening at the site is allowed without a permit.
He cited a definition of what constitutes a building, saying footings fall under the definition of being part of a structural system serving the function of a wall.
"Setting up 2”x4”s or similar wood forming anywhere on the site is not constructing," Bromberg wrote. "Even if it is in preparation to build a footing; likewise placing rebar in an area does not constitute constructing a footing, and therefore is not considered a building. Pouring concrete which is to act as the footing is considered a building under the definition, and therefore it is at that point that a building permit is required."
Armstrong followed up that response by asking how any work on a foundation can be underway without an approved site plan.
"How would the developer be confident that the location of the footings is in line with the approved site plan?," he asked, adding he consulted with a local developer who told him permits are required for any excavation or forming work.
"I do not see how building the forms is not construction," Armstrong continued. "This requires soil testing and other test to ensure the forms are built and located appropriately. All these tests are either part of the site plan approval process or foundation approval permit process which have not been issued.
"It does not surprise me that the city continues to kowtow to Amazon and their out-of-province developer. It is also good to see the councillors representing our citizens also are OK with this."
Armstrong went on to point out that "far more than 100 trucks" are entering and exiting the work site. A situation that he says is in violation of the grading bylaw.
He said this is the fourth time he pointed this out to the city with no consequence for the developer.
"You need to count the trucks, not only turning on Dickie Settlement, but the trucks going on and off Old Mill to move the gravel that is being manufactured on site. They continue to operate as if they are running a gravel pit," he stated in his final email to Bromberg. "Great corporate citizen to bring to town!"
Bromberg did not immediately respond to a request to elaborate on the exchange.
