New Peggys Cove bylaw brought in amid complaints of unfairness
Peggys Cove now has a new bylaw to guide develop‐ ment and protect the iconic fishing village's her‐ itage, but some say the process to create those rules was unfair.
After more than two years of consultation and five dif‐ ferent drafts, this week the province approved a new land-use bylaw that will re‐ place one from 2003.
It aims to preserve the "authentic, traditional fishing village" spirit of the cove, while allowing commercial uses where residents can benefit financially from the thousands of tourists who flock to see the area and lighthouse.
But Paul Paruch is one of many who have voiced con‐ cerns about conflicts of in‐ terest with the Peggy's Cove Commission, which led the process with support from Upland Planning consultants.
"[I'm] very disappointed, let down," Paruch said Thurs‐ day.
Paruch and his wife, Claire, had hoped to see their property zoned commercial, as Claire has run a hot dog stand there for years. The couple bought a home there with plans to retire and also rent it out, Paruch said, which would also not be al‐ lowed.
The new bylaw addresses everything from dwelling size to regulations on building materials. It also has turned many residential lots along Peggys Point Road into mix‐ ed-use "core" zoning that would allow for commercial, residential and community purposes.
Vendors and buskers are no longer allowed in the cove, unless they're acces‐ sory to a special event.
Brian Cottam said the new bylaw is a major blow for him and his wife, Kelly Westhaver. Although an early draft of the bylaw zoned their land at 173 Peggys Point Rd. as commer‐ cial, that changed to residen‐ tial after other residents voiced concerns about hav‐ ing that zoning so close to the lighthouse.
A sale of $1.3 million fell through on the land because a core designation was a con‐ dition of the purchase, Cot‐ tam said.
"This sale was going to al‐ low us the ability to relax a little and enjoy life, but that has been stripped away," he said in an email.
Bylaw 'effectively expro‐ priates' private land: lawyer
Another property owner, Eleanor McCain, will be get‐ ting the commercial zoning she pushed for to allow for new businesses.
However, a lawyer for Mc‐ Cain did raise concerns about how the conservation zone was applied to the rocky waterfront side of her client's land and many others in the cove. Nancy Rubin of Stewart McKelvey said in a letter to the commission the move "effectively expropri‐ ates" private land without any evidence of why it was needed or if it was based on any scientific studies.
Paruch, Cottam and Mc‐ Cain have argued the com‐ mission members who run their own commercial enter‐ prises, or are connected to businesses in the cove, are in direct conflicts of interest. The commission is made up of residents, the sitting coun‐ cillor and representatives from the province to make decisions on changes in the area.
Three commission mem‐ bers must be from the com‐ munity, but where there's about 40 permanent residen‐ ts, it is hard to avoid friend‐ ships and family ties.
The Nova Scotia ombuds‐ man's office is investigating the commission following re‐ cent complaints. Both Paruch and Cottam said they had hoped this independent re‐ port would lead to the province rejecting the pro‐ posed bylaw.
But John Campbell, a lifelong cove resident and owner of the Sou'wester
Restaurant in the village and other properties, said the by‐ law strikes the right balance.
"I think overall it's going to be a good thing, but you know when you go through a process like this, not every‐ body's going to be happy," Campbell said.
Campbell said he's be‐ come an "easy target" for the arguments around conflicts of interest, as his daughter Nicole Campbell is commis‐ sion chair. He said he didn't get everything he wanted in the new bylaw, pointing out that his request for land to be zoned commercial near the lighthouse was refused.
Campbell agreed that something should change with the makeup of the com‐ mission to avoid conflicts in the future, but more analysis should be done on what the fairest approach is.
"It's a very unique place, Peggys Cove, and you know it's good to have discussions about it," Campbell said. "It's my community that I grew up in, and my closest friends are in, and you know I feel like I could make a living there."
Economic Development Minister Susan CorkumGreek said she has faith in the commission's process, and nothing in the draft re‐ port from the ombudsman prevents her from approving the bylaw.
She said the province is al‐ so looking at modernizing the legislation governing the commission and the area.
"I think this is an impor‐ tant step, but … it is a first step," Corkum-Greek told re‐ porters Thursday.
The bylaw will see a new development officer ap‐ pointed to handle permits and variance requests, while anyone who wants to change their zoning can apply to the commission.
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