NORTHEAST TOWN—After a great deal of discussion from the McGregor Bay and Bay of Islands communities, the Northeast Town’s newly-minted planning authority saw its first change to the zoning bylaw after council had decreed the islands zoned ‘shoreline residential island.’
The bid to change the terminology from ‘shoreline residential’ (SR) to ‘shoreline residential island’ (SRI) was hard-fought by Ward 1 representative Laurie Cook in December but her passionate plea to council required some significant changes as representatives from both the McGregor Bay Association and Bay of Islands Association approached the municipality after the zoning change, asking council to consider changing it back to the same parameters as SR, including some additional provisions.
Under the new bylaw, 2018-41, the amendment was made to change SRI to include the same uses as SR with the following changes: a) minimum lot frontage, 60 metres; b) minimum lot area, 8,093.71 square metres; c) maximum lot coverage, five percent; d) minimum front yard, 10 metres; e) minimum rear yard, three metres; f) minimum interior side yard, three metres; g) minimum exterior side yard, 7.5 metres; h) maximum building height, nine metres; i) minimum distance to a lot line for an accessory building, three metres; j) maximum building height for an accessory building, five metres; and k) maximum building floor for an accessory building, 89 square metres; and furthermore, that all Crown Land in the Bay of Islands and McGregor Bay be designated O2.
CAO Dave Williamson explained to council that the reason for the amendment was because island residents asked council to consider a change that would allow them to do some work on their properties, rather than having to come to the planning authority for an ask each and every time, as it is currently set out in the zoning bylaw.
Councillor Jim Ferguson said he would not be able to support the change, adding that the islands did not need their own zoning designation.
“It restricts the amount of lots that can be created,” he said. “I propose that it goes back to SR. We’ve already spent a pile of money on this. Let’s do this right once.”
Councillor Ferguson made a motion to amend the bylaw to zone the islands in McGregor Bay and Bay of Islands SR from SRI. The motion was seconded by Councillor Wood.
Councillor Laurie Cook, who made the original motion for the change, said that the people of McGregor Bay and Bay of Islands have spoken. “They want to be recognized as distinct, not to thwart builders, but to keep the fragile landscape safe.”
“This has been painstakingly thought out,” Councillor Cook added. “This has been very happily received by the membership and would fly in the face of what they want and to have this imposed on them would be very undemocratic.”
Councillor Erskine said he agreed with Councillor Cook, noting the overwhelming response they had from the residents.
“I just hope we get it right this time,” Councillor Bill Koehler quipped. “I think it’s pretty clear what we should be doing.”
“The people of McGregor Bay weren’t necessarily contacted, but the board?” Councillor Ferguson asked. Mr. Williamson replied in the affirmative.
Councillor Ferguson said he thought the municipality would be losing out on money if the amendment goes ahead.
Councillor Cook reminded council that there is a period of public consultation and that residents can also ask for a variance.
“I think two acres is too big,” Councillor Ferguson said, referencing the minimum lot area as prescribed in the amendment.
He also asked if this amendment applies to the rest of Ward 1. Mr. Williamson explained that as the municipality only heard from McGregor Bay and Bay of Islands residents, that it only applies to those two areas.
Councillor Ferguson asked for an amendment of the zoning bylaw amendment that brought the islands under the zone SR instead of SRI and made a motion as such.
In a recorded vote, councillors Erskine, Dawn Orr, Koehler, Barb Baker, Al Boyd, Cook and Mayor MacNevin voted against the motion while councillors Ferguson and Wood voted in favour. The motion was defeated.
Councillor Ferguson put another amendment on the table which changed the minimum lot area of 4,000 square meters (1.5 acres) instead of just over 8,000 and a change from a five percent maximum lot coverage to 15 percent.
“What you’re opening the door to is great big cottages, which is what people are trying to avoid,” Councillor Cook said.
Councillor Ferguson clarified that the 4,000 square metres includes docks, decks, walkways and outbuildings.
In another recorded vote, councillors Erskine, Orr, Koehler, Baker, Boyd, Cook and Mayor MacNevin voted against the motion. Councillors Ferguson and Wood voted in favour. The motion was defeated.
The original zoning bylaw amendment then made it before council. In the third recorded vote on the subject, councillors Erskine, Orr, Koehler, Baker, Boyd, Cook and Mayor MacNevin voted in favour. Councillors Ferguson and Wood voted against. The motion carried.
