New Peggys Cove bylaw brought in amid complaints of unfairness

Peggys Cove now has a new bylaw to guide development and protect the iconic fishing village's heritage, but some say the process to create those rules was unfair.

After more than two years of consultation and five different drafts, this week the province approved a new land-use bylaw that will replace 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 concerns about conflicts of interest with the Peggy's Cove Commission, which led the process with support from Upland Planning consultants.

"[I'm] very disappointed, let down," Paruch said Thursday.

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 allowed.

A map of the new land-use for Peggys Cove shows new zoning in red along the main road through the village. The new zoning would enable a mix of residential, commercial and community amenity uses. The yellow-green marked with 'R' represents residential zoning, with the olive colour showing conservation areas. (Upland Planning/Peggy's Cove Commission)

A 2017 map shows the former zoning rules in Peggys Cove. (Province of Nova Scotia)

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 mixed-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 accessory 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 commercial, that changed to residential after other residents voiced concerns about having that zoning so close to the lighthouse.

A sale of $1.3 million fell through on the land because a core designation was a condition of the purchase, Cottam said.

"This sale was going to allow us the ability to relax a little and enjoy life, but that has been stripped away," he said in an email.

Bylaw 'effectively expropriates' private land: lawyer

Another property owner, Eleanor McCain, will be getting the commercial zoning she pushed for to allow for new businesses.

However, a lawyer for McCain 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 expropriates" private land without any evidence of why it was needed or if it was based on any scientific studies.

Paruch, Cottam and McCain have argued the commission members who run their own commercial enterprises, or are connected to businesses in the cove, are in direct conflicts of interest. The commission is made up of residents, the sitting councillor and representatives from the province to make decisions on changes in the area.

Three commission members must be from the community, but where there's about 40 permanent residents, it is hard to avoid friendships and family ties.

The Nova Scotia ombudsman's office is investigating the commission following recent complaints. Both Paruch and Cottam said they had hoped this independent report would lead to the province rejecting the proposed bylaw.

But John Campbell, a lifelong cove resident and owner of the Sou'wester Restaurant in the village and other properties, said the bylaw strikes the right balance.

John Campbell owns the Sou'wester gift shop and restaurant in Peggys Cove. (CBC)

"I think overall it's going to be a good thing, but you know when you go through a process like this, not everybody's going to be happy," Campbell said.

Campbell said he's become an "easy target" for the arguments around conflicts of interest, as his daughter Nicole Campbell is commission 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 commission 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 Corkum-Greek said she has faith in the commission's process, and nothing in the draft report from the ombudsman prevents her from approving the bylaw.

She said the province is also looking at modernizing the legislation governing the commission and the area.

"I think this is an important step, but … it is a first step," Corkum-Greek told reporters Thursday.

The bylaw will see a new development officer appointed to handle permits and variance requests, while anyone who wants to change their zoning can apply to the commission.

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