A six-meter pathway could end up causing disruption to more than one development on the Mountain.

A subdivision proposal for 108 single detached dwellings, called “Adam Estates” on just over five hectares of land at Lorenzo Drive and Upper James Street, was approved by members of the economic development and planning committee July 6. But the requirement to build a pedestrian pathway through the development to Upper James Street, could disrupt plans for businessman Oscar Kichi to expand his nearby commercial development, while putting the residential subdivision on hold.

Ed Fothergill, who represented Mr. Kichi, requested the committee defer the decision so a solution could be reached between Mr. Kichi and Anthony DiSilvestro and Orvin Zendell.

“We want to see if there are other options,” said Mr. Fothergill. “This was brought in at the last minute.”

He suggested if council does pass the application, his client would have no recourse but to appeal the decision to the Ontario Municipal Board. Mr. Fothergill said it is possible a compromise could be negotiated before the OMB hearing.

“But we would rather work with city staff on it,” he said. “There is a strong likelihood a solution is there.”

Angelo Cameracci, of Urbex Engineering, said any delay to the proposal, which has been two-and-a-half-years in the making, will prevent construction on phase one of the subdivision later this year.

“This should not delay the application,” he said.

City planner Cam Thomas, in response to Ward 7 councillor Scott Duvall’s concerns about open space, said the 4.5 acres of parkland planned for the development will be sufficient to satisfy the neighbourhood’s needs.

The pathway issue generated some heated discussion outside the committee room at the Hamilton Convention Centre, as Mr. Kichi and DiSilvestro engaged in some pointed exchanges about the pathway.

An additional twist to moving the walkway is the city suggesting an easement be allowed for a watermain to be constructed underneath the path. If the walkway is relocated, the developer will have to give up more lots to accommodate both the walkway and watermain.

“The sidewalk is very important,” said Ward 7 councillor Scott Duvall. “We need some type of walkway instead of (having people) going through parked cars.”

The committee approved the application, with the understanding that city officials, the developer and Mr. Kichi will work out a solution, possibly by the July 9 council meeting, where the issue will be further debated.

If a solution isn’t found this week, politicians were hoping a resolution could be settled by council’s Aug. 13 meeting when the city approves its bylaws.

Meanwhile, the city is requiring that any removal of trees in the woodlot in the area be delayed until the middle of August 2009. An active red-tailed hawk has been spotted nesting in one of the trees. Under the Fish and Wildlife Conservation Act, any tree-cutting has to be delayed.