A proposed 36-unit apartment building in Rothesay could be in jeopardy, according to the developer behind the project.

Brett Taylor appeared before council Monday night to express concerns about the proposed street design to access the building.

Council previously approved the four-storey building set to be constructed on Woodland Avenue near Hampton Road.

When the project first came before council, the plan was to connect Woodland Avenue with Hampton Road. However, the controversial requirement was removed from the proposal after concerns from nearby residents.

Instead, council has approved, in principle, extending Woodland Avenue past the site and constructing a curbed cul-de-sac with a restricted access point for first responders. Access would be restricted through retractable bollards that would be controlled by the Kennebecasis Valley Fire Department.

Taylor, the president of KV Properties, told council there are “multiple unforeseen issues” with this proposed street design relating to fire access issues, access to the neighbouring commercial lot, and concerns from neighbourhood residents.

The current proposal, he said, sees the cul-de-sac encroach onto the neighbouring commercial property, which will become “significantly handcuffed for development and significantly devalued.”

“With the current street design, the commercial property no longer meets the minimum requirements of the commercial bylaws for a commercial development,” said Taylor, noting the frontage is too small and access is limited.

When it comes to the bollards, Taylor said they could only be lowered by the fire department, meaning police and paramedics would not have access from Hampton Road. There is also concern about what might happen if the hydraulic bollards malfunction.

“Unfortunately, they will literally stop a fire truck if there is a mechanical failure, preventing the fire department from gaining access,” he said. “This is a point of failure that will happen.”

Taylor said the Kennebecasis Valley Fire Department formally recommended to staff in April that Woodland Avenue and Hampton Road be directly connected for access.

“There is no way for you to fully understand the significance of that request, but it presents a risk so significant to me as the developer that I cannot proceed with this project at this time,” said Taylor.

Although the fire department’s recommendation was not accepted by council, he said, the request will likely be considered a requirement for occupancy from the provincial fire marshal’s office.

“It’s not logical to proceed with a development that can be built but may not get permission to occupy due to deemed fire safety and access concerns.”

Taylor proposed to council that the town connect the two streets and install a gate further up Woodland Avenue to block through traffic but still allow access for emergency vehicles.

The change, he said, would satisfy the fire department’s recommendation and is supported by residents living along the street.

Council directed town staff to work with Taylor on an updated design.