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MUNICIPAL COUNCIL
AGENDA
Thursday, June 24, 2021
Via Facebook Live
Office Location: 151 King Street, Chester, NS
1. MEETING CALLED TO ORDER
2. APPROVAL OF AGENDA/ORDER OF BUSINESS
3. PUBLIC INPUT SESSION (15 minutes)
4. MINUTES OF PREVIOUS MEETING
4.1 Council – June 10, 2021.
5. COMMITTEE REPORTS
5.1 Committee of the Whole (recommendations for approval) – June 17, 2021 – Warden
Webber.
5.2 Nominating Committee (recommendations for approval) – June 17, 2021 – Councillor
Connors.
5.3 Audit Committee – June 22, 2021 – Warden Webber.
5.4 Committee of the Whole (receipt of minutes) – May 20, 2021 – Warden Webber.
5.5 Any Other Committee Meetings.
6. PUBLIC PRESENTATIONS – no public presentations.
7. MATTERS ARISING:
7.1 Staff Report – Community Development and Recreation – Reduction of Minimum Lot Size
from the Rural Zone.
7.2 Request for Decision prepared June 2021 – Corporate and Strategic Management –
Temporary Suspension of Land Use By-Law Enforcement (sidewalk cafés). Material to
follow on June 21st.
Page 2 of 2
8. CORRESPONDENCE
8.1 Email dated June 14, 2021, from Shelley Rafuse, Director, Lunenburg PRIDE Co. regarding
request to raise the Pride Flag in August to coincide with the new dates of Halifax Pride
this year.
9. NEW BUSINESS
9.1 District Council Grants:
a) District 1 - District 1 Community Centre – Parking Lot Repairs - $1,000.
b) District 2 – Chester Brass Band – Summer Band Stand Concerts - $600.
c) District 6 – New Ross Legion Branch 79 – Canada Day/Remembrance Day - $1,500.
10. IN CAMERA
10.1 Section 22(2)(e) of the Municipal Government Act – Contract Negotiations – Fire
Service/Village Commission.
11. ADJOURNMENT
197
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of
COUNCIL MEETING
Virtually via Facebook Live, NS
On Thursday, June 10, 2021
MEETING CALLED TO ORDER
Warden Webber called the virtual meeting to order at 8:47 a.m.
Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford
District 3 – Councillor Barkhouse District 4 – Warden Webber
District 5 – Councillor Assaff District 6 – Councillor Connors
District 7 – Councillor Church
Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO
Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer
Chad Haughn, Director of Community Development and Recreation
Tim Topping, Director of Financial and Information Services
Christa Rafuse, Director of Infrastructure and Operations
Kavita Khanna, Assistant Director of Infrastructure and Operations
Solicitor: Samuel Lamey, Municipal Solicitor
Due to current COVID-19 restrictions meetings are required to be held via Zoom.
APPROVAL OF AGENDA/ORDER OF BUSINESS
Additions:
Public input from Carol Nauss via Zoom.
CAO – Addition of Update on Village Planning Advisory Committee Meeting with Garth
Sturtevant, Senior Planner, regarding digital signs.
CAO - In Camera - Personnel matter.
Councillor Assaff - vendor licenses on municipal properties.
Councillor Barkhouse - Ditching on Haddon Hill.
Councillor Veinotte – Speeding on highway 329.
Council (continued) June 10, 2021 198
Councillor Church – follow-up with Chester Golf Course regarding membership.
2021-228 MOVED by Councillor Church, SECONDED by Councillor Barkhouse the agenda
and order of business for the June 10, 2021, Council meeting be approved as
amended. ALL IN FAVOUR. MOTION CARRIED.
PUBLIC INPUT SESSION
Carol Nauss was present via Zoom to outline the plans to have a “Virtual Canada Day.” She
outlined the plans and requested members of Council to provide videos and pictures of their
districts to add to the virtual presentation on July 1st. She asked to have the information to her
about any activities by June 24/25 so that they can be included on the posters being prepared.
Ms. Nauss also provided an update to Council regarding a grant received from the Haughn Trust
for repairs on the gazebo. They have also applied for a grant to make Lordly Park accessible
and noted that the Station 20 shop opens July 20th under COVID regulations.
MINUTES OF PREVIOUS MEETINGS
4.1 Council – May 27, 2021.
2021-229 MOVED by Councillor Church, SECONDED by Councillor Barkhouse the minutes of
the May 27, 2021, Council meeting be approved as circulated. ALL IN FAVOUR.
MOTION CARRIED.
COMMITTEE REPORTS
5.1 Lunenburg County Seniors’ Safety Program – May 2021 – Councillor Connors.
Councillor Connors referred to monthly report and commented on the stats included, indicating
she would answer any questions. She also referred to the upcoming Annual General Meeting
being held on June 23rd at 1:30 p.m. She will forward the meeting notice to Council and staff –
members of the public are welcome to join.
5.2 Committee of the Whole (receipt of minutes) – May 6, 2021 – Warden Webber.
Council (continued) June 10, 2021 199
2021-230 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that the minutes
of the May 6, 2021, meeting of the Committee of the Whole be received as
presented. ALL IN FAVOUR. MOTION CARRIED.
5.2 South Shore Housing Action Coalition – Councillor Assaff
Councillor Assaff referred to the recent Housing Report from the NS Affordable Housing
Commission. He also indicated that he would forward a link to a presentation on something
happening even in Nova Scotia – the commercial sexual exploitation of children.
Introduction of new staff person – CAO.
The CAO introduced Tim Topping, Director of Financial and Information Services, who will
replace Malcolm Pitman upon his retirement. Mr. Topping gave a brief overview of his
background. He is originally from Nova Scotia.
PUBLIC PRESENTATIONS
6.1 Charlie Hutton, Chester, regarding demolition of Haughn Property in Marriotts Cove.
Charlie Hutton was present via Zoom to request a stay in demolition of the Countway Mosher
(Haughn) Home in Marriotts Cove.
Mr. Hutton requested a 60-day stay of demolition to provide time for his organization to
formally present an acceptable proposal to save the building and the integrity of the property.
It is an historically designated property and they do not want to see it torn down.
Mr. Hutton indicated that he has had experience with restoring historic properties. The
objective is to preserve this building and property. They have formed the South Shore Historic
Preservation Society and would like to make the property their home for the society. They will
be providing a proposal for Council’s consideration.
The CAO reviewed the process through the Heritage Advisory Committee regarding the
application to demolish and is currently under review. Since this will take a couple of months
before the tendering process can commence, there is no issue in waiting the time suggested by
Mr. Hutton.
Council (continued) June 10, 2021 200
It was suggested that Mr. Hutton be provided with the information the Municipality has on file
to assist him with his presentation as well as any building code, insurance, or planning
information needed.
MATTERS ARISING
7.1 Request for Decision prepared April 28, 2021 – Community Development & Recreation –
Wil-Dor Park Property Owners Request for Rezoning.
Emily Statton, Planner, was present via Zoom to outline the Request for Decision prepared April
28, 2021, regarding the Wil-Dor Park Property Owners Request for Rezoning and reviewed the
current situation as outlined in the material as well as the options for a Lakeside Zone.
There was a lengthy discussion regarding input from other property owners within the affected
area requested to be rezoned, notification process, use of petitions, types of activities permitted
within the proposed zone, the way in which the zone would be applied (different in different
circumstances), concern regarding spot zoning that is applied to an area that is not agreed upon
by all affected, achieving environmental protection and water quality, concern that only a
portion of Sherbrooke Lake is located within this Municipality, hesitation to apply to all lakes
throughout the municipality, process for requesting a rezoning, ensuring all affected property
owners have an opportunity for input, as well as the options provided.
Council agreed to allow the representatives from Wil-Dor Park speak on the subject.
Robin McAdam noted his appreciation for the work staff have completed throughout the
process. He indicated that the did solicit feedback from the associations and, although it was an
informal process. He indicated that Option 2 would be satisfactory for them, and the
Municipality would be taking steps to protect the lakes.
Sandra Millett thanked Council and staff for their hard work. She indicated that she is part of
both Wil-Dor Park and Sherbrooke Forest Associations and all members were involved and
wanting some protection for their lake properties. She also indicated that Option 2 was a good
option.
Mike Morrison also thanked Council and Staff for their engagement in the process. The key
issue for his group in Wil-Dor Park is that the rural basic classification is not appropriate for
them. He also indicated that Option 2 provides the opportunity to protect the lake.
Council (continued) June 10, 2021 201
The Senior Planner clarified that any time there is a request for a zoning change there is a public
process – from the information meeting to the public hearing. In this case, and because it is
specific to specific properties, all property owners affected and those who surround those
properties will receive notification outlining the public information meeting and public hearing.
If Council feels they do need more information, one option is to table the request to rezone and
not decide today but send the information to the Municipal Planning Advisory Committee for
comment.
Following a lengthy discussion, it was agreed to refer Option 2 as noted below and outlined in
the material to the Municipal Planning Advisory Committee for review and recommendation.
Option 2 - Lake-wide Rezoning Upon Request- This is a balanced approach and would apply to
all lands around a specific lake upon formal request by a community. For example, Wil-Dor and
Sherbrook Forest requested a zone change so all of Sherbrooke Lake would be rezoned to
Lakeside Zone. This ensures optimal water quality protection as the regulations will apply to all
properties around a lake, unlike spot zoning. This option addresses the request of the Applicant
to apply the Lakeside Zone to the lands of the Wil-Dor Park Homeowners Association and the
Sherbrooke Forest Property Owners Association and make the zone available for other
communities upon request.
Break was held from 10:23 a.m. to 10:31 a.m.
7.2 Request for Decision prepared June 1, 2021 – Infrastructure and Operations – Traffic
Impact Study/Improvement Plan (MODC-T-2021-015).
Kavita Khanna, Assistant Director of Infrastructure and Operations was present via Zoom to
review the proposals and evaluation of the traffic Impact Study/Improvement Plan and
recommendation to ward to CBCL. The amount $56,736 net HST. From a budget perspective it
is feasible and within budget.
2021-231 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford THAT
Council approve the award of MODC-T-2021-015 Traffic Impact Study Request for
Proposal to CBCL for $56,736 net HST to be completed over a period of 16 weeks.
ALL IN FAVOUR. MOTION CARRIED.
7.3 Digital Signage – Councillor Barkhouse
Council (continued) June 10, 2021 202
Councillor Barkhouse reviewed a request received several months ago regarding a digital sign
for Tim Hortons in the drive-thru.
Garth Sturtevant, Senior Planner, provided some more detailed information regarding the
request for a digital signage for the menu signage board at Tim Hortons located in the Highway
Commercial Zone. The Village Planning Advisory Committee has reviewed the request over the
past two meetings and felt that it was too complicated a matter – taking into consideration the
entire Village area - and requested that it be sent to Council for decision.
Following discussion, Council agreed to deal with the individual request, rather than consider a
change for the entire Village. It was suggested that wording be prepared regarding having a
special category for drive-thrus – there is only one in the Village. The matter is important as
part of the Village Plan Review currently underway.
Councillor Veinotte clarified that he is not in favour of creating spot zoning – as discussed earlier
in the meeting. This is advertisement to a car 4’ away. Having a special category makes sense.
Council directed staff to prepare information regarding the policy change.
CORRESPONDENCE
There were no items of correspondence for review.
NEW BUSINESS
9.1 Information Report prepared May 24, 2021 – Fire Services and Safety Coordinator –
Women and Safety Leadership Award.
Warden Webber read the Info Report and conveyed congratulations to Christa Rafuse, Director
of Infrastructure and Operations. The award is to honour women in the workplace and the
Director was recognized for her work in converting the chlorination system with a UV system so
there is no longer a need for employees to deal with dangerous chemicals at the Wastewater
Treatment Facility in Chester. This meets environmental regulations and is a win for staff, a win
for the environment and the community. The contribution of women in the construction
industry and the Director was one of those awarded the honour.
9.2 July 2021 Meeting Schedule.
Council (continued) June 10, 2021 203
2021-232 MOVED by Councillor Church, SECONDED by Councillor Assaff to change the
schedule of meetings for July due to the July 1st holiday on meeting day. ALL IN
FAVOUR. MOTION CARRIED.
It was noted that Council had previously discussed holding fewer meetings during the summer
months and to make them all Council meetings. A discussion was held regarding the meetings
in July and August. It was agreed to hold three meetings in each month.
2021-233 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the July
and August meetings be reduced to three meetings held as Council and held on the
second, third, and fourth Thursdays on the following dates:
July 8, 15, and 22, 2021.
August 12, 19 and 26, 2021.
ALL IN FAVOUR. MOTION CARRIED.
9.3 Council Grants – Request for Decision prepared June 2, 2021 – Community Development
and Recreation.
Chad Haughn, Director of Community Development and Recreation was present via Zoom to
outline the grant requests.
A. Council District Grant:
i. Chester Theatre Council (Playhouse) Summer Program - $1,000.
2021-234 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the
Chester Theatre Council (Playhouse) Summer Program be awarded $1,000 from the
District 3 Council Grant Budget. ALL IN FAVOUR. MOTION CARRIED.
ii. Through the Years Day Care and Community Centre - $2,000.
2021-235 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that
Through the Years Day Care and Community Centre be awarded $2,000 from the
District 2 Council Grant Budget. ALL IN FAVOUR. MOTION CARRIED.
B. Tourism Grants
i. South Shore Tourism Cooperative - $4,221.66.
ii. Chester Yacht Club - $4,000.
iii. New Ross Regional Development Society - $1,000.
Council (continued) June 10, 2021 204
It was indicated that the budget is $8,000 and normally some funds are held back for the
October intake. It was agreed to set aside $2,500 for the October intake.
A discussion was regarding the tourism funding and amount requested from the South Shore
Tourism Cooperative. Heather Hennigar, Community Economic Development Officer provided
information on the South Shore Tourism Cooperative’s operations and impact regionally. It was
also noted that the remaining municipal units are funding, as well as the Town of Bridgewater
who did not contribute previously.
Also discussed was the possibility of adding this as a line item, however, it has not been
budgeted as such in this fiscal year. Continued discussion regarding funding, granting on a
percentage basis, preference for local on the ground festivals and events, and the method on
how to arrive at a way to put a value on events/organizations.
2021-000 MOVED by Councillor Church to award the Tourism Grants to the organizations at 60% of
the ask. There was no Seconder for the motion.
2021-236 MOVED by Councillor Veinotte, SECONDED by Deputy Warden Shatford that
Tourism Grants be awarded to the following organizations – total of $5,600:
South Shore Tourism Cooperative - $2,000.
Chester Yacht Club - $3,000.
New Ross Regional Development Society - $600.
DISCUSSION:
Councillor Connors was not in favour. If it had been decided to fund all at 60%, she
could have defended it as fair across the board.
Councillor Veinotte indicated that Council is picking favourites – we do not have
sufficient funds so, as a Councillor, it is his job to determine the best value.
FIVE IN FAVOUR. TWO OPPOSED. MOTION CARRIED.
C. Council Grants
The Director of Community Development and Recreation provided the following updates:
New Ross Community Care Society is changing the request from $4,800 to $4,300.
The Chester Playhouse advised they have been successful with a $100,000 grant from
Federal Department of Heritage.
The report lists two groups that traditionally do not make an application, but Council
supports them annually - $100 for Christmas Daddies and a grant matching the
donations of staff from casual day donations for The United Way ($1,200).
Council (continued) June 10, 2021 205
He also noted that the budget is $25,000. It was agreed to hold $5,000 for the fall intake.
A brief discussion was held regarding the Chester Brass Band request – they have received
emergency funding; however, this is for future events and not past events.
REGIONAL SERVICES
Deputy Warden Shatford suggested that Local Non Profit and Community Halls be considered
before outside organizations.
i. Society of Saint Vincent de Paul - $2,000.
ii. VON of Lunenburg County - $2,000.
LOCAL NON PROFIT
iii. Chester Brass Band - $1,300.
Deputy Warden Shatford noted that if Council approved $700, he would use his District Council
Grant fund to provide $600.
iv. Chester Playhouse - $10,000.
Discussion was held regarding the project being undertaken by the Chester Playhouse and it
was noted that the Council District Grants could also be provided. It was suggested that
Councillors could provide $500 from their Council District Grant fund if they wished.
v. New Ross Farmers Association - $2,500.
vi. New Ross Trails Society - $3,590.
vii. St. Stephens Anglican Parish Musical Friends - $5,000.
COMMUNITY HALLS
viii. District 1 Community Centre - $3,047.50.
ix. New Ross Community Care Centre $4,300.
x. Royal Canadian Legion, Branch 79, New Ross - $2,000.
2021-237 MOVED by Councillor Veinotte, SECONDED by Councillor Barkhouse that the
following Council Grants be awarded – total of $20,000:
Christmas Daddies - $100
Society of Saint Vincent de Paul - $1,000.
Council (continued) June 10, 2021 206
United Way of Lunenburg County – Matching of employee donations to
$1,200.
VON of Lunenburg County - $1,000.
Chester Brass Band - $700.
Chester Playhouse - $3,000.
New Ross Farmers Association - $1,500.
New Ross Trails Society - $2,500.
St. Stephens Anglican Parish Musical Friends - $2,000.
District 1 Community Centre - $2,500.
New Ross Community Care Centre $3,500.
Royal Canadian Legion, Branch 79, New Ross - $1,000.
ALL IN FAVOUR. MOTION CARRIED.
D. Emergency Assistance Grants
i. District 1 Community Centre – April - $1,000.
ii. Hubbards Area Lions Club – April - $1,000
iii. Integrity Haven Equine Rescue Centre – April - $1,000.
iv. Royal Canadian Legion Branch 144 – March $1,000 and April $1,000.
v. Royal Canadian Legion Branch 79 – April $1,000.
vi. Through the Years Day Care and Community Centre – April $1,000.
vii. Western Shore and Area Improvement Association – April - $1,000.
2021-238 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff the following
Emergency Grants be awarded – total of $8,000:
District 1 Community Centre – April - $1,000.
Hubbards Area Lions Club – April - $1,000
Integrity Haven Equine Rescue Centre – April - $1,000.
Royal Canadian Legion Branch 144 – March $1,000 and April $1,000.
Royal Canadian Legion Branch 79 – April $1,000.
Through the Years Day Care and Community Centre – April $1,000.
Western Shore and Area Improvement Association – April - $1,000.
ALL IN FAVOUR. MOTION CARRIED.
9.4 Vendor License and Use of Municipal Property – Councillor Assaff.
Councillor Assaff indicated he had a request from a resident who wanted to set up a table to sell
jewelry in Wild Rose Park.
Council (continued) June 10, 2021 207
Following discussion regarding limiting what might be sold, insurance, commercial operations,
future requests, and a similar request in District 3 it was agreed to have staff provide a report to
Council prior to granting permission. It was noted that a vendor permit would still be required.
9.5 Ditching Haddon Hill – Councillor Barkhouse.
Councillor Barkhouse outlined an issue taking place on the south end of Haddon Hill; a property
owner has put in a ditch which has caused water to rush across the street and onto other
properties. She requested a letter be forwarded to NS Department of Transportation &
Infrastructure Renewal to have them consider ditching the road.
2021-239 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that a letter be
forwarded to the NS Department of Transportation and Infrastructure Renewal
outlining the issue on Haddon Hill (south) regarding water crossing the road and
going on to other properties. ALL IN FAVOUR. MOTION CARRIED.
9.6 Speeding on Highway 329 – Councillor Veinotte.
Councillor Veinotte outlined complaints he has received about speeding along Highway 329.
He noted that previously a discussion had been held regarding the possibility of purchasing
mounted speed radar units. He would like to see some purchased to be placed at pertinent
locations where speeding has been an issue. He felt the cost was low and would help in
correcting the behaviour of speeding motorists. As well, the number of cyclists that use the
Highway 329 loop is high and it is dangerous when there are speeders.
Councillor Connors agreed, noting that speeding has been a problem in her District, and they
had previously discussed the purchase at a New Ross Regional Development Society meeting.
Deputy Warden Shatford suggested placing the mobile unit the Municipality already has and
sending the data to the RCMP so that they know where to increase their patrols. It could get
expensive to purchase the mounted radar units in all locations that could be identified.
The CAO indicated that staff would bring out the previous report and provide it to Council for
further discussion. It was noted that approval of DOTIR would also be required.
9.7 Chester Golf Course - Councillor Church.
Councillor Church asked that staff follow-up with the Chester Gold Club to determine if they
have made a decision regarding membership.
Council (continued) June 10, 2021 208
It was indicated that a short break would be held and then Council would go into an In Camera
Session. There would be no further need to meet after the In Camera session.
IN CAMERA
10.1 Municipal Government Act Section 22(2)(c) – Personnel.
2021-240 MOVED by Councillor Barkhouse, SECONDED by Councillor Deputy Warden Shatford
the meeting convene In Camera as per Section 22(2)(c) of the Municipal Government
Act regarding Personnel. ALL IN FAVOUR. MOTION CARRIED.
ADJOURNMENT
2021-241 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the meeting
adjourn. (12:15 p.m.)
___________________________ ___________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
MOTION FROM COMMITTEE OF THE WHOLE JUNE 17, 2021
FOR COUNCIL’S APPROVAL
APPROVAL OF AGENDA/ORDER OF BUSINESS
APPROVAL OF COMMITTEE OF THE WHOLE MINUTES MAY 20, 2021
APPROVAL OF ROAD NAME – ANCHORS WAY
MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse that the Committee of
the Whole recommend to Council approval of the road name Anchors Way in District 1
and direct staff to update the appropriate agencies. ALL IN FAVOUR. MOTION CARRIED.
ADJOURNMENT
MOTIONS FROM NOMINATING COMMITTEE HELD ON JUNE 17, 2021
FOR COUNCIL APPROVAL
2021-245 APPROVAL OF AGENDA/ORDER OF BUSINESS
2021-246 APPROVAL OF FEBRUARY 11, 2021 NOMINATING COMMITTEE MINUTES
2021-247 RECREATION & PARKS COMMITTEE MEMBERSHIP
MOVED by Warden Webber, SECONDED by Councillor Barkhouse that the Nominating
Committee recommend to the following persons to the Recreation & Parks Committee:
District 2 – Suzanne Brown
District 5 – Ross Shatford if he agrees as this is not the district in which he resides.
ALL IN FAVOUR. MOTION CARRIED.
2021-248 RCMP ADVISORY BOARD MEMBERSHIP
MOVED by Warden Webber, SECONDED by Councillor Barkhouse that the Nominating
Committee recommend the following persons to the RCMP Advisory Board:
Terri DeMont
Bev Armstrong
Arthur Vardjas
ALL IN FAVOUR. MOTION CARRIED.
2021-249 CITIZENS LANDFILL MONITORING COMMITTEE MEMBERSHIP
MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse that the Nominating
Committee recommend to Council the following persons to the Citizens Landfill Monitoring
Committee:
Brad Armstrong (reoffering)
Herbert Fraser (reoffering)
Robb Manuel
ALL IN FAVOUR. MOTION CARRIED.
2021-250 ADJOURNMENT
Municipality of the District of Chester
Community Development Department
Staff Report #1 – Updated for Council
Prepared for: Municipal Council
Submitted by: Garth Sturtevant, MCIP, LPP, Senior Planner
Date: June 24, 2021
Subject: Reduce Minimum Lot Size from the Rural Zone
APPLICANT Municipal Council
PROPOSAL Reduce Minimum Lot Size in Rural Zone, to be replaced with
“minimum lot size required by Nova Scotia Environment for installation
of an approved on-site septic system”
LOCATION Rural (RU) Zone. Chester Village Land Use By-law.
NEIGHBOUR NOTIFICATION Amendment is general to the Chester Village Land Use By-law.
Individual neighbour notification not required.
Recommendation
1. Give 1st Reading to the draft amendments, attached as Appendix A, to reduce the minimum lot
size within the Rural Zone for all lots without access to the Municipal sewer system to 774 m2
(8,000 ft2) or greater as determined by Nova Scotia Environment and set a date for a Public
Hearing for July 15th, 2021;
Background
At a Committee of the Whole Meeting held on April 8th, 2021, Municipal Council passed the following
motion:
2021-152 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that the Committee of the
Whole direct staff to move forward with an amendment to the Land Use By-law to remove the reference
of the requirement of 29,000 square feet size requirement and instead replace that number with “as per
NS Department of Environment”. ALL IN FAVOUR. MOTION CARRIED.
This Agenda item was raised by Councillor Barkhouse who spoke of a property on Target Hill Road which
currently could not be subdivided, but with amendments to the minimum lot size, would allow the
creation of new lots and the potential for additional housing stock in Chester Village.
Staff Report #1 – Updated for Council – Updated for Council Page 2
Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone June 10, 2021
Discussion – Considerations
In areas with Municipal services, it is common for Municipal Planning Strategies and Land Use By-laws to
require a minimum lot area for all newly created lots. In serviced areas, the primary determinant when
selecting a minimum lot size is the desired character and density. Higher density, achieved through
smaller lot sizes, can improve the function, and decrease operating costs for Municipal infrastructure.
In areas of Chester Village with access to central sewer, the minimum lot size is typically 372 m2 (4,000 ft2)
or 744 m2 (8,000 ft2). The Estate Residential Zone requires large lots of 3716 m2 (40,000 ft2) but in this
case, the reasoning for the large minimum lot size is to maintain the character and visual aesthetic within
these areas.
For lots without access to Municipal Sewer, the Land
Use By-law typically requires a minimum lot area of
2700 m2 (29,062 ft2). This minimum area reflects an
outdated standard previously used by Nova Scotia
Department of Environment to determine the
minimum lot area required to properly site and
install an on-site septic system. Language in the Land
Use By-law states the minimum lot area in the Rural
Zone shall be “2700 m2 (29,062 ft2) or greater as
required under NS regulations respecting on-site
sewage disposal”. Additionally, waterfront lots in the
Rural Zone without access to central sewer require a
minimum lot area of “3716 m2 (40,000 ft2) or greater
as required under NS regulations respecting on-site
sewage disposal”. The larger lot size for waterfront
lots is presumably to accommodate for larger
setback distances required by NSE when siting on-
site systems on lots near waterbodies or the ocean.
Figure 1 - excerpt from Land Use By-law Zoning Map
showing properties in the Rural (RU) Zone
Staff Report #1 – Updated for Council – Updated for Council Page 3
Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone June 10, 2021
As technology has advanced, new types of on-site systems can be properly sited on smaller lots. Nova
Scotia Environment no longer relies on the 40,000 ft2 standard. Additionally, authority to approve on-site
systems rests solely with the Province, therefore, it is reasonable to consider removing the current
minimum lot size for lots without access to central sewer. Language would be added to advise that the
minimum lot size shall be determined as required by Nova Scotia Environment to site and install an on-
site septic system.
As shown in the draft amendments, attached as Appendix A, staff propose maintaining the existing
minimum lot size for lots with access to central sewer, which is listed at 774 m2 (8,000 ft2) and extending
this minimum lot size to Unserviced lots. This will result in newly created lots without access to the central
sewer system requiring a minimum lot size of 774 m2 (8,000 ft2) or greater, as required by Nova Scotia
Environment. The amendments will do away with the larger lot size required for waterfront lots, which will
also require 774m2 (8,000 ft2) o r greater as required by Nova Scotia Environment.
Policy Analysis
Policy Analysis
3.2.3 Not to approve any Land Use By-law
amendment or development agreement, until
Council is satisfied that the development
proposal will not create undue traffic hazards,
result in undue traffic congestion, or unduly
interfere with pedestrian movement on Public
Streets.
N/A
Figure 2 - excerpt from Land Use By-law Zoning Map showing remaining properties in the Rural (RU) Zone
Staff Report #1 – Updated for Council – Updated for Council Page 4
Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone June 10, 2021
4.1.1 To protect the existing character, the living
environment, and the stability of residential
land use in the planning area while allowing a
diversity of housing types.
This reduction in minimum lot size for
Unserviced lots will now align with the
minimum lot size required for serviced lots.
The minimum lot size of 744 m2 (8,000 ft2) will
maintain the existing character and maximum
density within the Rural Zone.
4.5.1 The area of mixed land use surrounding the
main village area is designated "Rural" as
shown on Maps 4 and 5 Future Land Use
Maps and the corresponding area is zoned
"Rural" in the Land Use By-law. Within this
designation and zone, a broad range of
resource, residential, and non-residential uses
shall be permitted as of right up to certain
size limits.
The draft amendments will not impact the
permitted uses within the zone. No impact on
this policy statement.
5.1.1 That the Land Use By-law shall specify
minimum lot areas required for new lots within
the various zones established by the Land Use
By-law.
This reduction in minimum lot size for
Unserviced lots will now align with the
minimum lot size required for serviced lots of
744 m2 (8,000 ft2).
6.0.7 That when considering amendments to the Land Use By-law, considering appeals on site plan
approvals, and in considering development agreements in addition to all other criteria as set
out in the various policies of this Planning Strategy, Council shall be satisfied that:
a) the proposal conforms to the intent of
the Planning Strategy;
Yes, no policy conflicts are created by the
proposed amendment.
b) the proposal conforms to the
applicable requirements of all
Municipal By-laws; except where the
application is for a development
agreement in which case the Land Use
By-law requirements need not be
satisfied.
Yes.
c) the proposal is not premature or
inappropriate due to:
N/A
Staff Report #1 – Updated for Council – Updated for Council Page 5
Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone June 10, 2021
i) financial ability of the
Municipality to absorb costs
related to the development;
ii) adequacy of Municipal
services;
N/A
iii) the adequacy of physical site
conditions for on-site
services;
The proposal is not specific to a property but
affects the entire Rural Zone. Assessment for
on-site services is reviewed by Nova Scotia
Environment at the time new lots are
proposed by subdivision.
iv) creation or worsening of a
pollution problem including
soil erosion and siltation;
N/A
v) adequacy of storm drainage
and effects of alteration to
drainage pattern including
potential for creation of a
flooding problem;
N/A
vi) adequacy and proximity of
school, recreation, emergency
services, and other
community facilities;
N/A
vii) adequacy of street networks
and site access regarding
congestion, traffic hazards,
pedestrian safety, and
emergency access.
N/A
viii) adequacy of fire vehicle
access and fire protection
measures on site such as
water supply.
N/A
d) the development site is suitable
regarding grades, soils, geological
conditions, location of watercourses,
N/A
Staff Report #1 – Updated for Council – Updated for Council Page 6
Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone June 10, 2021
flooding, marshes, bogs, swamps, and
susceptibility to natural or man-made
hazards as determined by a qualified
person.
e) all other matters of planning concern
have been addressed.
Yes
Public Information Session
A Public Information Meeting was advertised in the Progress Bulletin, on the Municipal website and
posted to the Municipal Office doors. The meeting was held virtually via Zoom Videoconferencing.
Interested members of the public were asked to pre-register with staff to participate in the virtual
meeting. The meeting was advertised for 6:30pm on May 12, 2021.
No members of the public contacted staff regarding registration for the meeting and therefore the
meeting was not held.
Chester Village Planning Advisory Committee Meeting
The amendment request, staff report and draft amendments we considered by the Village Area Advisory
Committee at a meeting held on June 8, 2021. Following a brief discussion, the committee passed the
following motion:
MOVED by Councillor Barkhouse, SECONDED by Ray Cambria to recommend that Municipal Council give
1st Reading to the draft amendments, attached as Appendix A, to reduce the minimum lot size within the
Rural Zone for all lots without access to the Municipal sewer system to 774 m2 (8,000 ft2) or greater as
determined by Nova Scotia Environment; CARRIED.
Timeline for Adoption
If Council is in favour of the draft amendments and is prepared to vote in favour of 1st Reading today, the
following table outlines the anticipated timeline for placing advertisements, holding a Public Hearing prior
to 2nd reading and advertising the right of appeal following 2nd reading:
Date: Process: MGA Section Reference:
June 24 1st Reading
June 30th Public Hearing Ad appears in
newspaper for two consecutive
weeks
206 (1), 206 (2)
July 15th Public Hearing held 205 (6), 210 (2)
Staff Report #1 – Updated for Council – Updated for Council Page 7
Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone June 10, 2021
July 21 Right of Appeal Ad appears in
newspaper
210 (3)
August 5th If no appeals are launched, the
amendments will come into
effect on this date
210 (8)
Options
1. Give 1st Reading to the draft amendments, attached as Appendix A, to reduce the minimum lot
size within the Rural Zone for all lots without access to the Municipal sewer system to 774 m2
(8,000 ft2) or greater as determined by Nova Scotia Environment and set a date for a Public
Hearing for July 15th, 2021;
2. Reject the draft amendments to reduce the minimum lot size within the Rural Zone for all lots
without access to the Municipal sewer system.
3. Request additional information or changes to the draft amendments. The requested information
or changes will be brought forward to a future Council meeting.
Staff Report #1 – Updated for Council – Updated for Council Page 8
Amendments to Reduce the Minimum Required Lot Area in the Rural (RU) Zone June 10, 2021
Appendix A – Proposed Amendments to the Chester Village Land Use By-law
Amendments to the Chester Municipal Land Use By-law
Be it enacted by the Council of the Municipality of Chester as follows:
1) Remove text at 9.2.4 requiring new waterfront lots in the Rural Zone to maintain a minimum lot
area of 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site
sewage disposal.
2) Add text and replace text as shown at 9.2.4 to clarify that all new lots in the Rural Zone without
access to central sewer, shall require a minimum lot area of 744 sq. m. (8,,000 sq. ft.) or greater as
required under NS regulations respecting on-site sewage disposal.
Chester Municipal Land Use By-law
Underlined text is added. Strikethrough text is deleted.
9.2.4 RU Zone Lot Sizes (for new lots)
Minimum lot area with central sewer
744 sq. metres (8,000 sq. ft.)
Minimum lot area for waterfront lots with no
central sewer
3716 sq. m. (40,000 sq. ft.) or greater as
required under NS regulations
respecting on-site sewage disposal
Minimum lot area for all other lots with no
central sewer
2700 sq. m. (29,062 sq. ft.) 744 sq. metres
(8,000 sq. ft.) or greater as required
under NS regulations respecting on-site
sewage disposal
Minimum Lot Frontage
6 metres (20 ft.)
1
Pam Myra
From:Tara Maguire
Sent:June 14, 2021 11:53 AM
To:Pam Myra
Subject:FW: #External: Re: Pride Flag
Attachments:image979000.jpg; image643001.png; image805002.png; image770003.png
For June 24 agenda please.
TARA MAGUIRE
Deputy CAO
Office: 902-275-4132
Cell: 902-277-2273
Consider the environment. Do you really need to print this email?
From: Shelley Rafuse <lunenburgpride@gmail.com>
Sent: June 14, 2021 11:45 AM
To: Tara Maguire <tmaguire@chester.ca>
Cc: Cyndi Sweeney <cfendleysweeney@gmail.com>
Subject: #External: Re: Pride Flag
Hey Tara
As per our conversation Lunenburg PRIDE Co. would like to request a public raising of the Pride Flag in August to
coincide with the new dates of Halifax Pride this year.
We were hoping to have it August 12th and we are flexible with time.
I would also love a discussion around seeing a possible Pride crosswalk in the village. Both Mahone Bay and Lunenburg
will be doing one this year and it would be nice to see Chester par-take.
Thanks in advance
Shelley Rafuse
Director
Lunenburg PRIDE Co.
This email originated from outside of the organization. Do not click links or open attachments unless you
recogize the sender and know the content is safe.
District Council Grants 2021 - 2022
Updated June 18, 2021
Requested Approved Date Approved
*Ocean Swells Community Association: Maintain facility 1,000.00$ 1,000.00$ April 15, 2021
*District 1 Community Centre: Maintain facility 1,000.00$ 1,000.00$ April 15, 2021
District 1 Community Centre: Parking Lot Repairs 1,000.00$
TOTAL FUNDS APPROVED 2,000.00$
*Funds Carried Forward from 2020-2021 2,000.00$
TOTAL FUNDS REMAINING 10,000.00$
Chester Brass Band: Summer Band Stand Concerts 600.00$
Hubbards Area Lions Club: Purification System 2,000.00$ 2,000.00$ May 27, 2021
Through the Years Day Care & Comm Centre: Court Surface 2,000.00$ 2,000.00$ June 10, 2021
TOTAL FUNDS APPROVED 4,000.00$
TOTAL FUNDS REMAINING 6,000.00$
Chester District Soccer Association: Purchase New Jerseys 500.00$ 500.00$ April 15, 2021
Chester Theatre Council (Playhouse): Summer Programs 1,000.00$ 1,000.00$ June 10, 2021
Chester Yacht Club: Race Week Adaptations (Virtual, PPE, etc.) 500.00$ 500.00$ May 27, 2021
TOTAL FUNDS APPROVED 2,000.00$
TOTAL FUNDS REMAINING 8,000.00$
TOTAL FUNDS APPROVED -$
TOTAL FUNDS REMAINING 10,000.00$
TOTAL FUNDS APPROVED -$
TOTAL FUNDS REMAINING 10,000.00$
Forties Community Centre: Oktoberfest 500.00$ 500.00$ May 27, 2021
RC Legion, Br 79 New Ross: Canada Day & Remembrance Day 1,500.00$
TOTAL FUNDS APPROVED 500.00$
TOTAL FUNDS REMAINING 9,500.00$
Chester District Soccer Association: Purchase New Jerseys 1,000.00$ 1,000.00$ April 15, 2021
District 7
TOTAL FUNDS APPROVED 1,000.00$
TOTAL FUNDS REMAINING 9,000.00$
Total Funds Approved 9,500.00$
District Grant Budget 2021-2022 70,000.00$
Plus 2020-2021 Carried Forward 2,000.00$
Total District Grant Budget 72,000.00$
Remaining Funds 62,500.00$
District 1
District 2
District 3
District 4
District 5
District 6
MUNICIPALITY OF THE DISTRICT OF CHESTER
GRANT APPLICATION FORM
District Council Grant Request
Name of Organization:
Contact Person:
Mailing Address:
Email: Phone:
Name Signature Date
_______________________________________ _______________________________________ ___________________________________
Amount Requested: $__________________________________ Municipal District # ________________
Please provide a brief description of your project or event :
_____________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________
Please provide a brief description of how you plan to spend any Council Grant funding received:
_____________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________
If funding is approved, who should the cheque be made payable to: ________________________________________________
Please forward applications to the following: Director of Community Development and Recreation
“District Council Grant”
Municipality of the District of Chester
PO Box 369
Chester NS B0J 1J0
Email: chaughn@chester.ca
Chester Brass Band
Payson Rowell
P. O. Box 734, Chester, NS B0J 1J0
Payson Rowell June 13, 2021
600 2
This grant will supplement the $700 Council grant of June 2021 so that the Chester Brass Band canoperate on a balanced budget, starting in July with the Summer Bandstand Concert Series.
These grants will cover some of the operating costs for the year, including honoraria for guest Bandstand performers.
Chester Brass Band