By Nadine Armstrong

The Hants Journal/NovaNewsNow.com



A new provision of the West Hants Planning strategy is a subdivision bylaw that states both water and sewer services must be included in any new public streets in growth centres. However, that bylaw has given exception to Glooscap Developments Ltd. -- a subsidiary of Brison Developments -- which owns the remaining lands of Mountain View Subdivision in Falmouth.

At council’s latest session, a clause was included in the approved Planning Strategy, exempting Glooscap Developments from the new bylaw should they expand the subdivision.

Coun. Randy Matheson was the only member of council who took exception to clause 42, which states; ‘the subdivision of the lands of Glooscap Develpments Limited shall be permitted without the construction of a sanitary sewer system.’ He called the clause foul play. “Brison Developments had every opportunity to make application before the rules changed, so I don’t understand how council can make that exception.”

Planning director Lynn Davis said it is a unique situation because council knew the intent was there to extend that development and so made the request to consider the exemption as part of the final strategy draft.

A report to council from the West Hants planning advisory committee (PAC) states that a staff report suggested three options to consider regarding Mountain View. One would be to include no exceptions; another, to delete the provision requiring both municipal water in sewer in new streets; or, third, an exemption clause. Council approved the last option May 13. “It was noted that this is a relatively minor change to the bylaw that does not affect it’s overall intent,” Davis said.

The existing street at Mountain View has water services but no sewer. Senior planner Jane Sodero said that although no formal application has been made, the property owner had written a letter requesting consideration.

Sodero noted that there are no similar developments in the area that would look to extend. “This is the only street in the growth areas that could extend farther. All of the other subdivisions are at capacity and would need to build new streets; that is who the bylaw is intended for.”

Matheson told council Brison Developments had every opportunity to apply for permission to extend that road before the rules changed and said the clause amounts to favoritism.

“I strongly believe we would not do this for anyone else,” he told council. “If we approve this exemption, it’s like saying we have two sets of rules and that affects the integrity of the plan as a whole. We can’t have an exception for one person or one situation.”

The Planning Strategy draft passed second reading and council approved it that evening. Warden Richard Dauphinee said it was a solid document and there was a lot of give and take all around the table to make the final copy a reality.

Coun. Rick Gaudet, who represents Falmouth, supports the clause. “I feel comfortable with this.”