WEST RIVER – A public hearing has been tentatively scheduled regarding an appeal of a development agreement approved by council for the Municipality of the County of Antigonish that paves the way for construction of a 40- to 60-unit apartment complex on Church Street Extension.
The Nova Scotia Regulatory and Appeals Board will host the session on Tuesday, Dec. 15, at 9:30 a.m., at the Municipal Building council chambers on Beech Hill Road. If necessary, an evening session is scheduled for 6:30 p.m. Both are open to the public.
The appeal centres on county council’s approval early last month of a development agreement application made by Riavan Investments Limited. During the regular monthly meeting on Sept. 8, John Bain – Eastern District Planning Commission (EDPC) director – informed council that the development had met the required provisions under the county’s municipal planning strategy and land-use bylaw.
It was the second time that council entertained the issue. In early June, council held the obligatory public hearing – where they received an EDPC report and recommendation to approve the development agreement. They also heard from speakers who were for and against the proposal – the latter including Katie Edwards and Phonse Gillis, who are homeowners on the affected street. They submitted the appeal to the Nova Scotia Regulatory and Appeals Board on behalf of them and their neighbours.
Residents opposed to the development agreement have cited what they say is a lack of communication throughout the process. They addressed that and other issues in a “letter of concern” regarding potential development projects.
The appeal argues that council’s decision “does not reasonably carry out the intent of the municipal planning strategy (MPS),” which is the only ground available to appellants through the Municipal Government Act.
Their notice of planning appeal indicates that – while the Church Street Extension residents “agree that this lot is suitable for a multi-unit development,” the development agreement does not comply with three aspects of their municipal strategy, including whether it meets R-2 zone requirements. They are also challenging whether the height, bulk, lot coverage and appearance of any building “is compatible with adjacent lands uses,” and the proposed parking lot on the site is of a “sufficient size to satisfy the needs of the particular development, is well-designed, and is properly related to any buildings, landscaped areas and adjacent public streets.”
In an email exchange with The Journal, David MacNeil – Nova Scotia Regulatory and Appeals Board executive director – outlined the timeline for the appeal process, which will begin on Wednesday, Oct. 14. During that session, which includes parties and/or counsel, the remaining deadlines, including hearing dates, will be determined. He noted a second preliminary hearing is tentative and is only required if there are objections to standing of any formal intervenor requests.
The deadline for appellants to file written and visual evidence, including expert reports and qualification statements, is Friday, Nov. 13, while the municipality’s filing of written and visual evidence, including expert reports and qualification statements, is Friday, Nov. 27.
At this point, the deadline for appellants to file written and visual evidence in response to the evidence filed by both sides is Friday, Dec. 4.
Reminding that the dates are tentative, MacNeil said the Dec. 15 public hearing deals with the “merits of the matter” and is open to the public.
“At this point, the development agreement has been approved, but [it is] correct that it cannot proceed until the appeal has been heard and the decision rendered,” he confirmed.
