Legal concerns delay decision on Stedman’s building in downtown Liverpool

Eric Fry speaks during a public hearing Wednesday on proposed changes to the Region of Queens land use bylaw. (Region of Queens YouTube)

It will take a little longer to find out if the old Stedman’s building on Main Street in Liverpool will have a new life as an apartment complex.

The Region of Queens held a public hearing on Wednesday on proposed changes to the municipality’s land use bylaw that would allow for more residential space on the ground floor of buildings in the downtown commercial district.

At their meeting afterward, councillors voted to seek legal advice on whether they have the authority to make one of those changes.

Developer Eric Fry wants to turn 194 Main St. into 18 residential units, four of which would be “hotel suites”, and two main-level commercial units of 300 square feet each.

Fry bought the 30,000-square-foot building earlier this year and has been trying to get municipal approval for his apartment proposal since February. His original plan was for 16 residential units, indoor parking, storage and no commercial space. Councillors refused to change the bylaw to allow that to proceed.

After Fry listed his property for sale, the region’s planning advisory committee agreed to consider a revised a proposal and return it council.

Municipal rules require that at least half of a building’s ground floor must be commercial space.

On Wednesday, Fry spoke briefly in support of the bylaw changes. Four Liverpool residents spoke against them.

Tara Druzina said she wasn’t sure whether councillors had the authority under the Municipal Government Act to dictate who uses space in a building. A proposed change would forbid the owner or property manager from using one of the commercial spaces as an office.

“Municipalities regulate land-use types and their characteristics, but discriminating against and between identical uses based on ownership arrangements may exceed municipal jurisdiction,” she told councillors.

Denaige McDonnell said she was concerned that councillors were missing the mark in trying to change the bylaw.

“A common argument for expanding residential use is that there isn’t enough demand for commercial space, but deeper issues are at play here,” she said.

“
Many of our commercial buildings simply do not meet current building code, accessibility, or safety standards that are required for occupancy or for commercial use. And really what that’s telling us is that it’s not a demand problem, but it’s a readiness problem.”

McDonnell said the region is trying to change its bylaw to appease one property owner without having a comprehensive commercial plan.

“Structural changes like this need to be informed by clear, data-driven, county-wide strategy, not as reactions to individual development proposals.

“This proposed bylaw change may offer a short-term perception of flexibility and reward a single proponent, but it comes at a long-term strategic cost. Our commercial spaces are a very valuable part of our community. 
They are our most valuable assets for the future, and they deserve to be protected, planned and leveraged as part of a larger vision for economic sustainability.”

Susan McGibbon said she was worried the process is moving too quickly without a proper assessment of business in downtown Liverpool. 

“I’m not saying that is your fault, council. This goes way back. 
There’s been no development of an economic plan for the downtown for a very long time. So there’s no research, there’s no data, and there’s been little to no expertise in the understanding of commercial and retail in the downtown.”

Paul Deveau pointed out that during public consultations in the spring, residents and business owners said that there needed to be a downtown plan that protects commercial space while adding more housing.

“But here we are a few months later, and you’re again trying to amend a bylaw without a comprehensive plan.” 

Later in the meeting, councillors decided that they couldn’t make a decision on the proposed changes until they got legal advice.

Mayor Scott Christian asked whether staff sought advice on the wording around what landlords can do with the commercial space. 

Staff conceded they had not.

Council asked staff to have that information ready for their next meeting on Nov. 25.

Until then, the land use bylaw remains unchanged. Any substantive changes would likely restart the process and require council to have another public hearing.

Once councillors voted for a legal opinion, Christian called a break and met with Fry in his office for about 15 minutes.

Afterward, Fry told QCCR that he appreciated residents’ comments and their passion for the downtown. He said he understands that council has to make sure they have authority to make the changes.

“It’s unfortunate that this wasn’t flushed out as maybe as thoughtfully as it should have been. So, I understand there is a process to remedy, so we’ll have to wait until we hear what those next steps are.” 

Email: rickconradqccr@gmail.com

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Latest traffic study at downtown intersection not good enough, Liverpool resident says

A traffic study presented to Region of Queens council in July concluded that traffic lights are not needed at the Main and Market intersection in downtown Liverpool. (Rick Conrad)

A Liverpool resident wants the Region of Queens to do a more comprehensive study of safety at a busy downtown intersection.

Paul Deveau says a recent look at traffic at Main and Market streets was insufficient.

“Is the current configuration of this intersection safe?” he told councillors during the public comment portion of Tuesday’s regular council meeting.

“A proper risk assessment survey conducted at this intersection would be done under the worst-case scenario, or optimum or peak usage, when both vehicle and pedestrian traffic are at their highest. It would look at not just volume, but the behaviour of the traffic, such as the percentage of the vehicles not coming to a complete stop or a rolling stop, but also look at pedestrians, and if they’re stopping or looking before crossing.”

The three-way stop is one of the most heavily travelled intersections in Liverpool. And it’s seen its share of collisions and near-misses.

It’s viewed by many as one of the most dangerous areas for pedestrians in downtown Liverpool.

Councillors voted this past February to spend $24,000 on the traffic study after a crosswalk collision in January 2024 sent a 79-year-old woman to hospital.

An earlier study was done in 2015. No significant changes were made at that time.

Consultants CBCL presented their findings to councillors on July 8. They concluded that the intersection could handle current traffic volumes without extra measures like traffic lights.

Paul Deveau spoke to regional council on Tuesday about the Main and Market intersection. (YouTube)

Deveau, who ran as a candidate in the 2024 municipal elections, said he looked at similar studies done in 50 other Canadian municipalities and they were all conducted in either early spring or late fall. He questioned why this study was conducted in February.

He said that on July 7, as he was sitting outside Main and Mersey Dining Room and Coffee Bar on Main Street, he counted 232 vehicles in about 25 minutes travelling toward the three-way stop. That was higher than the 119 total morning trips observed by the consultants and the 148 total afternoon trips.

“Why do an assessment on traffic in one of the slowest months of the year?” he told councillors.

“It only looked at the traffic volume with the assumption that the people using that intersection would behave in a manner that is predictable and by the letter of the law. This council already knows that they do not. So my question to the council is this, will the council conduct a comprehensive risk assessment on that intersection or stick with the bare minimum and use the current half-measure results to make a decision?”

Mayor Scott Christian said after the meeting that in response to Deveau’s concerns, he’s going to ask for an update on the intersection at Main and Market streets.

“And so I’ll be looking for some further information from staff on that one.”

Deveau told councillors he hopes they take a more robust look at safety in the area.

“So when an accident happens again at this intersection, not if, but when, is this the justification that you want to stand for not making a change? 
Is this what you want to tell the next person whose life could be forever altered or their family, that you did what you could do with the information provided? What if the next person was your family member?”

Email: rickconradqccr@gmail.com

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Small turnout, strong opinions at first session on downtown Liverpool development

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

It was a small turnout for the first public engagement session about a proposed change to downtown development in Liverpool.

Developer Eric Fry wants to turn the old Stedmans building at 194 Main St. in Liverpool into 16 apartments. 

The Region of Queens land use bylaw allows residential development downtown only in buildings with a primary commercial use.

Three options are on the table for the public 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.

The first drop-in session on Tuesday evening was geared toward the business community. The second session is focused on hearing from residents. That is scheduled for Thursday from 5 to 8 p.m. in the community room at Queens Place Emera Centre. There is also an online survey available.

The region hired UPLAND Planning and Design Studio from Halifax to lead the public engagement. Two representatives from that company were at Tuesday’s session, along with Mike MacLeod, the region’s director of land use.

Ryan MacLean, an engagement manager with UPLAND, said they’ve already heard a variety of opinions.

“People have expressed great support for any opportunity to increase residential development, expressing their concerns around the housing crisis, but then we’ve also heard concern around the potential for if you permit more residential uses, then it could erode the commercial character of the downtown.”

Beach Meadows resident Mary White is a member of the region’s planning advisory committee, which recommended having the public sessions.

She doesn’t want the bylaw to change. And she said she’d like to see the region do more to support local businesses.

“I think that we need to maintain the commercial spaces on Main Street and I think that we need to decide as a community what we want the future of our community to be. And if that’s to have a main core then we need to support that. And as a municipality, I would hope they would get together and decide some intitiatives to help the (businesspeople) that are there that have been struggling and hanging on for so long.”

Rigel Jones, executive director of the South Queens Chamber of Commerce, said she was staying open-minded about any changes to downtown development.

“I know the feedback we’ve gotten from members in the chamber is they’re struggling with foot traffic and that having more residents on main street could change that.”

Liverpool resident Paul Deveau said he’s against the bylaw change, though he’s in favour of more residential development on Main Street.

“I firmly believe that, yes, we should allow some apartments to be built down there under the current use. All across Canada municipality have come up with urban plans for their main streets. … It’s a work-live-play. So they should have apartments on top of these businesses but still have the businesses stay. The moment you start allowing them to be converted into residential that’s the moment that all the street is going to be turned into residential because that’s where they’re going to make the most money.”

He said he’s happy the municipality is “finally” having some public engagement, but said two sessions aren’t enough for such a significant discussion.

The consultants will prepare a report for council by the end of June. The region’s planning advisory committee will then review the report and make recommendations to council.

If there are proposed amendments to the land use bylaw, councillors would vote on those. If they’re approved initially, then there would be a two-week notice period for a public hearing to be held before the final vote.

Email: rickconradqccr@gmail.com

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Mayor Scott Christian tops in campaign donations; some candidates’ disclosures missing

Campaign contribution disclosure forms are missing from the Region of Queens website for some candidates in October’s municipal election. (Rick Conrad)

Mayor Scott Christian got the most campaign contributions of any candidate in October’s municipal election in Queens County.

He received just under $10,000 ($9976.44) from 49 declared donors, some of whom are local small business owners and landlords.

The biggest donation to Christian’s campaign was $1,000 from Chad Clothier, who co-owns Rumclo Developments. They’re behind the already approved housing development The Point on the Mersey. They plan to build up to 146 detached houses and townhouses, as well as 82 rental apartments just outside Liverpool.

Christian told QCCR he believes his campaign raised just over $10,000 in total, including small donations that don’t have to be declared.

“I’m really proud of the amount of money that my team was able to fundraise and it did come from a pretty diverse swath of people. There were a lot of dribs and drabs contributions as well. I think my biggest contribution was $1,000 and my smallest contribution I think was a toonie.”

Christian said Clothier is a friend. He said he and his team began fundraising early, seeking donations first from the people they know, including personal and business connections.

“It shouldn’t come as a suprise to anyone who knows me that a lot of my social network includes a lot of people who are members of the business community. … I didn’t shy away from the notion that I was a ‘grow Queens’ candidate.”

Former Queens MLA Kerry Morash and former Region of Queens mayor Chris Clarke also contributed to Christian’s run.

Clarke gave $250 to Christian and to his opponent Terry Doucette.

Doucette declared $2,550 in donations from seven donors. The largest were $1,000 each from J. M. Reynolds Pharmacy, the company that owns Reynolds Pharmasave in Liverpool, and Mitchell Nauss of construction and consulting company MC Nauss Holdings.

Under Nova Scotia’s Municipal Elections Act, candidates had 60 days after the Oct. 19 election to file their contribution disclosure statements, even if they accepted no donations.

Everybody who runs must declare any donations over $50, or check a box confirming that they received no contributions.

Failure to do that can result in a fine of up to $2,500 or six months in jail.

Also, if candidates don’t submit a disclosure form, they forfeit their $200 deposit.

Disclosure statements from only 11 of the 19 candidates are posted on the Region of Queens website. Christian and Doucette were among the candidates who filed their disclosures on time. All other councillors except Jack Fancy met the deadline.

When QCCR recently asked Fancy about it, his disclosure form was posted the next week. He had no contributions over $50 to declare.

The region says all forms that were submitted have been posted. 

QCCR reached out to the candidates whose forms are missing. Those who could be contacted said they had no contributions to declare, but said they filed the necessary paperwork with returning officer Ian Kent.

Kent is an employee with Elections Nova Scotia, who was seconded to the municipality for the election. He could not be reached for comment.

Paul Deveau, who ran against Fancy in October’s election, said he filed the necessary paperwork and got his deposit back. But his disclosure form is not on the site.

“That’s kind of weird because I found it very professional and I found that Ian took his job quite seriously,” Deveau said.

“We had an exit meeting. And with the exit meeting, we had to return the voter list … and sign a declaration that we were going to remove all of our signs and we had to fill out that contribution sheet.”

Most candidates contacted said they were told they had to submit a campaign contribution disclosure form.

But some said they either couldn’t remember what forms they signed after the election or they didn’t submit a form because they had no donations to declare.

Candidate Gil Johnson said he got his deposit back, so he thought he did everything that was required.

“The reason I didn’t file was because I didn’t receive any contributions and didn’t know I needed to check the box.”

Coun. Stewart Jenkins, who was acclaimed in his district, said returning officer Kent had a checklist of the things he was required to submit.

“I was told to file a form, which I did, even though I didn’t have any contributions to claim,” Jenkins said.

A spokesman for the Department of Municipal Affairs said in an email that it’s up to the municipality to make sure candidates comply.

“It is the municipality’s responsibility to address situations where an elected municipal official is not in compliance with requirements surrounding disclosure statements, and the province expects candidates to comply.”

Under the Municipal Elections Act, the municipal clerk is supposed to keep track of all documents related to the election.

Mayor Scott Christian told QCCR he asked about the missing documentation and was told by now former municipal clerk Pam Lovelace that everything that was submitted to the region has been posted to their website.

He said he was unsure why not all forms are posted, though he added that the region’s deputy returning officer has been on leave for some time. 

Here is a list of the candidates whose campaign contribution disclosure forms aren’t posted yet to the Region of Queens website:

  • Candice Weagle
  • Douglas Bent
  • Susan MacLeod
  • Star Donovan
  • Paul Deveau
  • Alex Gallagher
  • Tina Brown
  • Gil Johnson

Email: rickconradqccr@gmail.com

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