Zoning denial puts Saint John company out of business

A dust up between Saint John Common Council and a contractor has resulted in 21 people being unemployed.

After decades of operating, a zoning request denial has put Thomas Construction out of business. The east Saint John operation is abruptly out of business after council denied a parcel of land owned by the company be rezoned for digging.

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The Planning Advisory Committee and city staff recommended the zoning be approved, but council denied the request by a vote of 6-3.

Councillor David Merrithew slammed business owner John Colwell, saying he’s been in violation of zoning for nearly three years, claiming the contractor was waving his nose at the city. But since 2015, Thomas Construction had a permit and contract to provide sand to the city.

Merrithew says despite the arrangement, Colwell’s unwillingness to comply with zoning had to be dealt with.

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“We bought his product because he was in violation. Again, we don’t shut him down for violation, we give him time to fix it,” Merrithew says. “Two and a half years is lots of time. We finally shut him down.”

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Colwell insists he was unaware he was in violation.

“If I’ve been digging illegally for three years, why did the city not come out and give me a stop work order in those three years? Why did the city give me a contract for three years if I was illegal,” Colwell questions.

Colwell says his first warning came in June with a letter instructing him to apply for rezoning, or be shut down.

Councillor Gerry Lowe supported Colwell’s zoning request.

“I was totally shocked. I thought it was done,” Lowe says. “The recommendation of PAC and from staff and all of the sudden it got voted down.”

Tweet This Click to share quote on Twitter: "I was totally shocked. I thought it was done," Lowe says. "The recommendation of PAC and from staff and all of the sudden it got voted down."

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Colwell says if the 80 acres was rezoned, his company would have material to dig for at least 15 years. Without access to it, he’s out of business.

Meanwhile, Colwell vows to continue to fight the decision and says he will take legal action.