John Rogers says the proliferation of short-term rentals is violating his rights as a property owner. (Rick Conrad)

Imagine feeling like your neighbourhood has been turned into a party zone.

That’s what John Rogers says it’s like to live in White Point Estates, near Liverpool.

And he blames the Region of Queens for letting it happen.

He says the municipality’s zoning rules are essentially overriding property covenants that forbid short-term rentals like Airbnbs from operating in his subdivision.

“These houses are purpose-built for partying basically,” Rogers recently told QCCR in an interview.

“In the summertime, it’s like living in a campground. … It’s just people coming in and out every weekend.

“It’s frustrating. It’s disappointing. We’re being denied the right to enjoy our own property because council believes it’s better to give the rights to people who don’t live here and let them make money on their property.”

The Nova Scotia government requires short-term rentals to be registered with the province. To get that registration, property owners have to prove that land use bylaws in their municipality allow them to operate their house as an Airbnb.

In Queens, White Point Estates is in the “resort” zone, which allows short-term rentals. 

“My neighbour’s 50 feet from me, and it’s an Airbnb, I can hear them all day, all night,” Rogers says.

“One group of renters lit a house on fire so we had fire trucks and all that wailing through the night. We’ve had fireworks when they’re not allowed to have fireworks. We’ve had full-out weddings in places, so the streets have been blocked with cars, traffic, you can’t get by. 

“We have a lot of nosy renters who feel like they could just walk on other people’s property, so I’ve had people on my property filming my house. I’ve had people come into my driveway and do exercises because my driveway’s paved so they feel like, ‘Oh we can go in there and do jumping jacks and pushups.’

“So it’s a lot of nuisance and just the fact that 30 per cent of your neighbours change every weekend, … and you get new neighbours the following week and you don’t know who they are.” 

When somebody buys a property in White Point Estates, they must agree to a list of 14 restrictive covenants on what they can do with the land. The first rule states that only one single-family dwelling is allowed. That structure must be used only for residential purposes, and property owners cannot do anything that creates a nuisance for their neighbours.

Click on the image to read the covenants in White Point Estates

Rogers says he and his wife bought the land and built their house five years ago partly because of those rules.

But he says that because municipal bylaws allow short-term rentals in White Point Estates, about a third of the subdivision’s property owners are ignoring those covenants and using their houses as Airbnbs. He said the problem has only gotten worse in the past five years.

He says it’s too expensive to take all those property owners — he estimates there are about 15 or 16 rentals in White Point Estates — to court.

He says some of the properties sleep up to 10 people and aren’t even owned by residents, but by companies based in Ontario or other parts of Nova Scotia.

“The only remedy is to change the bylaw in the zone to reflect the covenants, which is to not allow short-term rentals to operate within that zone. And it’s a small zone, so we’re contained to three streets. We’re not asking them to change the rules of the county. We’re just asking them to abide by the rules in our zone, which is our subdivision.”

Rogers and some of his neighbours met with Mayor Scott Christian and District 1 Coun. Roberta Roy in July.

Christian told QCCR he understands residents’ frustration, but he said there can’t be a quick fix.

“I don’t think it would be appropriate for us to make a hasty decision about short-term rentals as it pertains to the resort zone and not take a bigger-picture look at how we’re handling short-term rentals across Queens County.”

Municipal councillors voted in December to review the region’s land use bylaw and municipal planning strategy. One of the things they want to look at is regulation of short-term rentals.

That process could take a year or more.

“I can understand and appreciate their frustrations,” Christian says, “but I do think that the way that council is going about it, the handling of it is appropriate that we do our homework and look at it with a big-picture mindset so that we land on an equitable and appropriate approach for all of Queens County.”

Councillors voted to change the land use rules in November to allow a developer to turn the old Stedman’s building on Main Street in Liverpool into apartments.

Christian said that change affected only the downtown commercial zone. Outlawing short-term rentals in White Point Estates would have bigger implications.

“Short-term rental properties are prevalent throughout all of Queens County. Not just in south Queens and not just in the White Point Estates. So this is a really complex one.”

In the meantime, residents like John Rogers will continue to press regional council to make a change so that they can enjoy their homes again.

“You know, this isn’t about me. I’m not on some glorious campaign. I’m challenging council to do the right thing. And I don’t believe council should be bestowing rights on people who don’t live in the county and trash on the rights of the people who do.

“Defend the rights of the people who live here and pay taxes here and vote here. That would be the right thing to do.”

Email: rickconradqccr@gmail.com

Ryan MacLean with UPLAND Planning and Design Studio at a public engagement session in Liverpool in July. (Rick Conrad/File)

The Region of Queens will be looking for outside help for a planned overhaul of some parts of its land use bylaw.

Councillors voted this week to hire an external firm to review the bylaw and municipal planning strategy.

The region passed an extensively reworked bylaw and planning strategy in May 2022. The process cost $140,000 and was led by UPLAND Planning from Halifax. It was also supposed to take 18 months, but ended up taking almost four years because of the pandemic.

The 2022 bylaw changes were controversial, with many residents upset that proposed livestock provisions could prevent many people from raising small numbers of animals on their land.

Mayor Scott Christian said this week that it’s time for a review.

“The municipal planning strategy and land use bylaw, I think, is second only to a budget deliberation as an allocation of the public resources, and setting of the tax rate in terms of the levers that we have available to us as a council to impact our community, impact business owners, impact residents, in terms of the regulations, the protections and regulations, and avenues that residents and businesses have with respect to permitted use of property in our municipality,” Christian said.

“And I think that it’s really important to me that our land use bylaw or municipal planning strategy is reflective of the priorities and the concerns and the direction that this council wants to take the community.”

The land use bylaw returned to council’s radar earlier this year as developer Eric Fry applied to turn the dilapidated former Stedmans building on Main Street in Liverpool into apartments.

Councillors initially rejected his plan because it contained no commercial space. The rules required that at least half of a downtown building’s ground floor be devoted to businesses.

But after Fry threatened to sell the property, councillors relented. They changed the bylaw in late November to allow a modified version of Fry’s plan to go ahead, with two much smaller spaces for commercial use.

The region hired UPLAND to conduct citizen engagement sessions in relation to Fry’s development and proposal to change the bylaw.

Mike MacLeod, the municipality’s director of land use, told councillors at their regular meeting this week that hiring outside consultants would be more efficient, since the region’s staff don’t have the capacity to carry out the review in a timely manner.

“There is considerable work involved in even an interim planning review,” he said. 

“So if staff were to undertake it, the timeframe will be considerably lengthened to complete the review, as well as staff’s ability to carry out the day-to-day operations at the department. We would be very challenged to do it in-house.”

The region has about $50,000 set aside already for future planning review projects. MacLeod said that money could go toward the cost of this review.

Councillors want to create or review regulations regarding

• Commercial uses in residential zones
• Short-term rentals
• Keeping of livestock in residential and rural zones
• Light pollution
• Additional coastal protection measures and climate resilient land use regulations
• Minimum property standards

District 3 Coun. Courtney Wentzell said he was concerned about getting one firm to do all the work.

“I still have some deep concerns about one firm looking after so many different items, and the cost that will be,” he told his fellow councillors.

“And I think of our town hall meetings, and our priorities, where coastal protection and climate resilience is way up there. I didn’t see a whole lot about livestock in our planning meetings and town halls. I think there’s nothing prioritized here, and I am still leery of one contractor looking after all of this.”

MacLeod said that even though an outside company will be hired, staff would still be involved. And he added that professional planning firms are experienced in work like this.

Deputy Mayor Maddie Charlton said that the region could rely on lessons learned in other municipalities who have already addressed things like coastal protection.

Councillors will have input on details of the tender before it’s issued. 

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Region of Queens Deputy Mayor Maddie Charlton wants a ‘comprehensive review’ of the municipal planning strategy and land use bylaw. (Rick Conrad)

Region of Queens councillors are considering an overhaul of the rules that govern what people and businesses do with their properties.

Regional council voted unanimously on Tuesday evening in favour of Deputy Mayor Maddie Charlton’s motion for a “comprehensive review” of the municipal planning strategy and land use bylaw “with particular focus on commercial uses and allowances within residential zones, regulation and permitting of short-term rentals, the keeping of livestock within residential and rural zones, light pollution mitigation and related dark sky considerations, coastal protection measures and climate resilient land use provisions, and minimum property standards.”

She said she wants staff to prepare a report in time for the Dec. 9 council meeting “outlining proposed consultation timelines, engagement methods and anticipated resource requirements to support this review process.”

The municipality adopted a new planning strategy and bylaw in 2022 after three and a half years of review and community consultation. Charlton was a member of council for that process.

“We have had some things pop up that are proving to be challenging,” Charlton said, “other things that I think maybe we didn’t think of during that timeframe. … I think we do need to address the issues in our land use bylaw.”

Charlton didn’t offer specifics, but councillors have wrestled since the spring with a request to turn the old Stedman’s building at 194 Main St. into apartments. 

Developer Eric Fry originally wanted the building to be only residential, despite municipal rules that require at least half of a downtown building’s ground floor be for commercial use.

The region is in the process of changing the land use bylaw to allow Fry to include a much smaller commercial footprint.

Charlton, who chairs the municipality’s planning advisory committee, told councillors that some people want more flexibility to open businesses in their houses.

Currently, the land use bylaw essentially prohibits retail and other commercial operations in residential zones, though there are some exceptions for artists and other small home-based businesses.

“I think some of our measures are a bit too strict and they’re restricting economic development in Queens,” Charlton said. 

Mayor Scott Christian said it’s standard practice to review a new bylaw after two years. Plus, he said, residents have raised concerns with parts of the bylaw that he says are “clunky”.

“In this term of council we’re really focusing on making sure we’re striking that balance to foster a business friendly environment, to addressing affordability issues. And I think some provisions within the municipal planning strategy and land use bylaw don’t resonate entirely with the strategic vision and direction that this council wants to take the organization.”

He said council wants professional advice from staff on a “laundry list of items”.

“(The bylaw) doesn’t do enough to give us a strong sense and deliberate approach to managing short-term rentals. It doesn’t strike the right balance in its approach to homesteading. It’s too blunt in its restrictions of the type of commercial activity that can happen in general residential areas.”

In 2022, many residents cried foul over proposed changes to homesteading rules. People who kept chickens or small numbers of other animals on their properties were worried that the bylaw would interfere with their ability to produce food for themselves and others. 

Those concerns overshadowed many of the other significant changes in the comprehensive bylaw overhaul.

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Workers were cleaning up in front of 194 Main St. on Wednesday morning. The construction barricades have been removed and work has stopped. (Rick Conrad)

UPDATED Wed., July 9 at 1:55 p.m.

A rundown building in downtown Liverpool will go back on the market after regional council denied a developer’s request to turn it into apartments.

Councillors voted Tuesday not to change the municipal land use bylaw to allow Eric Fry to build up to 16 apartments at 194 Main St., known locally as the old Stedmans building.

Fry, president of SDL Investments Limited, told QCCR in an emailed statement on Wednesday evening that he won’t pursue the project any further.

“Unfortunately, we will be ceasing any further work on this project and putting the building up for sale immediately,” Fry said.

“While I understand that Liverpool does not wish to abandon its commercial presence on Main Street, we firmly believe that this decision is very short-sighted and does absolutely nothing to move the town forward, encourage new residents to move here or assist in revitalizing the downtown.”

He could not be reached for a followup interview about his statement.

The municipal planning strategy allows residential development downtown only in buildings with a primary commercial use. The bylaw requires that residential buildings in the downtown core have at least 50 per cent commercial space on the ground floor. 

Fry’s proposal was to transform the whole building into living space.

Deputy Mayor Maddie Charlton told QCCR on Tuesday morning after the council meeting that even though councillors voted 5-2 against a bylaw change, she hopes Fry continues with some apartments in the space. She made the comments before Fry’s evening statement.

“I think our community and our council members have made it very clear that they want there to be a downtown core commercial presence. And that is our Main Street,” Charlton said in an interview. She chaired Tuesday’s meeting because Mayor Scott Christian was on vacation.

“And there is allowance now for residential units to go in there to still allow for some housing. 
So there is flexibility there. I do certainly hope that the developer will continue with this project in the revised way that it reads in our bylaws now, but certainly if he chooses not to, that’s certainly up to him.”

Fry bought the building in January for $235,000. In February, he applied to the region for a bylaw amendment to allow a residential-only development with indoor parking.

Councillors considered three options: to allow residential development as a main use in downtown, to allow it by development agreement with council’s approval or to keep the bylaw unchanged.

Before Fry acquired the property, it sat vacant for a few years and was heavily damaged by extreme weather. Before that, it housed a dollar store and office space on the ground floor.

Workers have been cleaning up the building’s interior and fixing damage since early spring.

“We are extremely shocked and disappointed in council’s decision this morning to deny our application to amend the Land Use Bylaw and Municipal Planning Strategy language,” Fry said in the statement.

“Having owned properties in Queens for more than 10 years, our understanding was that Liverpool needs more housing.  Our initial residential building, The Falls in Milton, has been fully occupied since it opened last fall and there is a list of residents wanting to move in when a unit becomes available. This led us to approach RQM about an additional project that would create 16 additional units in the heart of Liverpool. Not to mention, convert an otherwise dilapidated structure into a signature building to anchor the town’s Main Street.

“Liverpool needs residential housing and not additional commercial space clearly demonstrated by the number of For Rent signs in the downtown core.”

The region hired consultants UPLAND Planning from Halifax to hold two public engagement sessions and an online survey on the potential bylaw change.

Thirty people responded to the survey, and only seven people attended the information sessions at Queens Place Emera Centre.

Eighteen of the 30 survey respondents said they were supportive of removing the commercial requirement from the bylaw.

But local business owners told the consultants they were worried about how it could potentially erode the downtown commercial zone. 

The region’s planning advisory committee met on Monday to discuss the consultants’ report.

They recommended sticking with the status quo and keeping the bylaw unchanged.

District 5 Coun. Jack Fancy voted against the motion to maintain the status quo.

He said the building needs a lot of work and he’s worried Fry might sell it. 

“So in order to make it so it’s profitable, it has to be a lot of money coming back,” he told his fellow councillors. 

“
That’s the whole idea. You don’t put money into something if you’re not going to get your money back out of it.”

Fry also owns The Falls in Milton, a three-storey apartment complex on the Mersey River, geared toward people 55 and over.

His plan for 194 Main St. was to have apartments on two levels, with a parking entrance at the back of the building on Water Street.

“I’m not an expert,” Fry said in his statement to QCCR, “but from my experience, I don’t think this type of thinking is going to move the needle in a town with so much promise and potential.”

Here is what councillors voted on and how they voted:

MOTION: That Council of the Region of Queens Municipality maintain status quo and deny the application to amend the Municipal Planning Strategy and Land Use Bylaw to allow new multiple unit residential dwellings as a permitted main use in the Downtown Commercial (CD) Zone.

FOR: Maddie Charlton, Courtney Wentzell, Stewart Jenkins, Vicki Amirault, Wanda Carver

AGAINST: Jack Fancy, Roberta Roy

ABSENT: Mayor Scott Christian

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Ryan MacLean with UPLAND Planning and Design Studio takes people through the options regarding a proposed change to how residential developments are handled in downtown Liverpool. (Rick Conrad/File)

It was a small group, but an opinionated one.

Some Queens County business owners and residents who responded to a survey don’t want a bylaw change that could dramatically alter Liverpool’s Main Street commercial landscape.

Developer Eric Fry of SDL Investments Limited wants the Region of Queens to amend its land use bylaw to allow him to build a 16-unit apartment building in the old Stedmans space at 194 Main St.

The bylaw allows residential development downtown only in buildings with a primary commercial use.

Fry doesn’t plan any commercial presence in the building. So he applied to the region in February to change the bylaw.

The region held public engagement sessions on June 17 and 19 for business owners and residents. It also created an online feedback form that was available from June 12 to 24.

Consultants UPLAND Planning of Halifax conducted the sessions and survey. 

​​The public had three options to consider: to allow residential developments in the commercial district as a main use by right, to allow them by development agreement which would require council approval, or to stay with the status quo and reject any amendments to the bylaw.

In their report for this week’s regular council meeting, UPLAND said seven people who weren’t members of the region’s planning advisory committee, the media or council attended the engagement sessions at Queens Place Emera Centre.

Thirty people replied to the online survey. Nineteen of those said they live in Liverpool, while 17 said they live in another part of Queens County.

Eighteen of the 30 respondents said they were either fully or somewhat supportive of changing the bylaw to remove the commercial requirement.

Ten were either fully or somewhat against it.

But 90 per cent of the business owners who responded were against a bylaw change. They said they were concerned about eroding the commercial area.

Half of the business owners said they would support standalone residential use by development agreement. And 40 per cent said they wanted no change to the current bylaw.

Many people were concerned that there seems to be no vision or strategic plan for Main Street or downtown Liverpool. They want to see a plan driven by the community, not by developers.

Some were also frustrated by the lack of communication from the region about the proposal, the engagement sessions or the survey. 

And the consultants found that there was a divide between those who want to see more housing downtown and those who want to preserve Main Street as a commercial zone. 

Councillors are due to discuss the report at Tuesday morning’s council meeting, which begins at 9.

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Eric Fry of SDL Investments Limited is hoping to build 16 apartments in the old Stedmans building on Main Street in Liverpool. (Rick Conrad)

UPDATED Mon., June 2 at 4:45 p.m.

The public will be able to give their feedback on a proposed new apartment building on Main Street in Liverpool that may result in a significant change to the downtown landscape.

The Region of Queens is considering an application from Eric Fry, president of SDL Investments Limited, to turn the former Stedmans building at 194 Main St. into 16 apartments. It was most recently used by a real estate development company. And before that, it housed a discount store and office space on the ground floor.

The region’s land use bylaw permits residential units on Main Street only in buildings with a commercial storefront.

The proposal from Fry’s SDL Investments Ltd. does not have any commercial element.

That means the land use bylaw would have to be amended for the project to go ahead. And that requires a public hearing.

The region’s planning advisory committee discussed the proposal in May.

Deputy Mayor Maddie Charlton, a member of the planning advisory committee, said the committee wasn’t comfortable giving a recommendation on the potential bylaw change without “some thorough public engagement”.

“PAC was uncomfortable moving a recommendation forward without public engagement, knowing that either allowing this use by right or by development agreement, could open it up to some significant change,” she told councillors at their regular meeting last week.

Region of Queens Mayor Scott Christian told QCCR on Monday that the committee wanted a “more robust public information opportunity” before a public hearing “to be able to provide more information to the public about what the shape of the amendment to the land use bylaw that’s being envisioned, what that looks like.”

“So as a way to get a full package of information to engaged members of the community and then providing them with an opportunity to have their say. It’s not required by the province. It’s best practices, I think,” Christian said.

“We know that this is an important conversation for us to be having and so we wanted to make sure that we have lots of opportunity for getting the information out there and giving folks an opportunity to provide their feedback.” 

Public information sessions are planned in the community room at Queens Place Emera Centre, on June 17 and June 19, both from 5 to 8 p.m. One will be geared more toward the business community and the other toward residents, Christian said.

“A formal notice and some promotional materials will be coming out early next week,” Christian said. “It’s going to be a drop-in, drop-out type of engagement and information session as opposed to a town hall with a microphone. … And the organization will be set up with information and with some ways for folks to give their input.”

He said this type of consultation is more effective at getting information to people and gathering feedback.

UPLAND Planning, the consultants that helped draft the region’s land use bylaw and municipal planning strategy adopted in 2022, will lead the public consultation.

Originally, residents and business owners were also going to be able to complete an online survey. But Christian said Monday that may not happen.

According to a report from Mike MacLeod, director of land use, members of the planning advisory committee “felt that opening up the (commercial downtown zone) to residential development as-of-right was not in the best interest of the community and that if council was to permit this use, controls would need to be established.”

MacLeod said the committee asked for draft amendments to be prepared for them to examine before they made a recommendation to council.

The consultants will prepare a report for council by the end of June. The region’s planning advisory committee would review the report, and then council would discuss the committee’s recommendations at its July meeting.

Christian said if there are proposed amendments to the land use bylaw, councillors would vote on those. If it passed first reading, then there would be a two-week notice period for a public hearing to be held before the final vote.

Fry gave councillors details of his proposed development at their April 22 meeting.

He wants to build 16 one- and two-bedroom units over two floors. Parking for the units would be indoors on the ground level, where there would also be storage units and four apartments. One-bedroom apartments would be about 800 square feet, while the two-bedroom units would be from 1,100 to 1,500 square feet. 

Rents would be similar to his apartment building on the Mersey River in Milton, he said, which are around $2,000 a month.

Fry bought the 30,000-square-foot building in January for $235,000.

Email: rickconradqccr@gmail.com

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