OPEN LETTER TO CHESTER COUNCIL-2023 Village Plan Review

23 August 2023

Municipality of Chester Council

Municipality of the District of Chester

151 King Street, Chester NS B0J 1J0

Dear Municipality of Chester Council:

re. Village Planning Review

We are writing to express our concerns with the progression of the Village of Chester Planning Document Review process and proposed Village Plan to date. We call upon Council to take immediate action on behalf of Chester citizens by requesting further undertaking of professional due diligence and public consultation by the Municipal Planning Department.

In particular, we ask that Council work with Municipal Planning to ensure appropriate steps are taken to: 1. Adapt the proposed plan to address the expressed concerns of Residents; 2. Engage independent professionals to conduct any research or consultation required to ensure Chester Residents are provided with an informed and transparent proposed Village Plan; and 3. Allow for further adequate public consultation of the revised proposed plan prior to allowing the matter to proceed to Council for a final hearing.

Core Planning Process Concerns

Timelines + Communication

According to Municipal published timelines, the Village Plan Review commenced in December 2019. The majority of the Village Plan Review was conducted throughout the global pandemic, a period in which society was focused on survival. Throughout this period traditional forms of community interaction, engagement, and communication were severely restricted by the requirement to stay Home. As the community then transitioned out of rigid pandemic restrictions, the village was immediately faced with further significant socioeconomic burdens, including rapid rising rates of inflation and severe weather events.

Given the novel social conditions during this period, it was pertinent that the Municipal Village Plan Review Communications Strategy and Timelines proactively ensured that all Residents were made aware of the proposed Village Plan, and were given fair and reasonable opportunity to express their views, and receive assurances that their voices had been heard, before the Plan progressed to finalization.

On June 22, 2023, Council approved the public consultation meeting schedule, a key component of the public consultation process, with less than five weeks notice. No mail outs were sent to Village Residents advising them of the scheduled meetings, and the voluminous proposed plan documents were not made publicly available until July 05, 2023, (less than three full-weeks before the first scheduled meeting.) Given the Municipality has mailed out notices and surveys to the entire Municipality without issue on several occasions, (such as the 2020 Coastal Action Resident Water Survey, which was sent to 6,100 addresses, along with paid pre-paid return envelopes, and further reminder postcards), there is no justifiable reason as to why the much smaller Village core resident population, of approximately 800 people, were not provided with mailing notice of the public consultation meetings.

The four public meetings were all scheduled within the same two week period, which restricted attendance opportunities for many residents, and allowed little time for residents to reflect on the meetings or share future dated meeting dates with those in the community. One of the meetings took place immediately after the Village had experienced extreme weather conditions, and the fourth supplemental meeting was scheduled with little notice, was not contained on public posters, and involved a last minute change of meeting location. The public meetings were also not clearly signed from the Roadside prior to, or during, the meetings, which limited opportunities for Residents to walk in or drop into the meetings, as they moved through the community. The Planning Department also failed to ensure all meetings were recorded so that there was a clear and objective record of meeting discussions. It was also not made clear how the records of the meeting would be reported to the Planning Advisory Committee, related municipal departments, and relevant stakeholders.

Consultation Process

At the meetings, the Planning Department cited that approximately 25-35 individuals were in attendance at each session, with many of the attendees at each meeting being repeat attendees. This indication suggests that a significant majority of the Village’s 800+ residents were not adequately informed or given opportunity to attend the meetings. Chester is known to have a community of highly engaged residents, particularly in its Village Core, and given its history of high response rates to requests for public engagement (as clearly indicated by published response data from various public consultation projects, including, but not limited to, the 2017 CBCL Water Study and 2020 Coastal Action Resident Water Survey), the low public meeting attendance records serve as clear confirmation that the Planning Department did not appropriately schedule or communicate their public engagement sessions.

At the meetings the Public were provided with little to no confirmation on what independent professional reviews had been undertaken to inform the Planning Department in their work, prior to implementing their proposed Village Plan. The only clearly communicated professional preliminary study conducted was an Architecture Study conducted by FBM, for which the explicit report results do not appear to be published to the public. The public meeting presentations also did not make clear how the Planning Department incorporated the findings of this Study into their proposed plan, and a representative of FBM was not made available to provide their independent feedback on how the proposed Plan aligns with the outcomes of their Study.

Furthermore, the Municipality relied on mailed out surveys as part of their preliminary public consultation process, but no specific Resident response results from the Village Plan Citizen Surveys were shared with the public at these meetings. The Planning Department also did not provide explicit explanations on what portions of the proposed plan, if any, were reflective of the values and expressions made by Residents in their surveys.

The Planning Department also did not have any representatives from other Municipal or Provincial departments, such as Public Works present for the meeting, despite the Planning Department’s repeated indications that they did not have information, or were not responsible for various resource management aspects of the plan, and their representations that the Public Works department would play critical role in responding to the resource related implications resulting from the proposed plan. The Planning Department also failed to invite any independent environmental engineers (such as hydrologists) to the meetings to facilitate dialogue between the Residents and Planning Department on relevant resource considerations relating to the proposed Village Plan. This is of notable concern given that several resource management studies previously conducted for the Municipality clearly indicated that the Village’s current resources could not sustain further development or increased density, while the Planning Department cited economic growth and development as the prominent underpinning of their proposed Village Plan.

The Municipal Planning Department has stated in published timelines, that it is their objective to complete the Village Plan Review by end of 2023. Throughout the duration of the public consultations Municipal staff and a council representative made explicit expressions of their personal desires to propel this project forward as soon as possible, with Heather Archibald, Senior Development Officer, candidly declaring at the August 03, 2023, meeting, “We want this to be done!” These expressions were made at the public meetings by Planning Department employees, all while the Planning Department also put much blame on some of the Village’s current and in-progress development concerns, on an apparent lack of foresight by the Municipality and community when the last Planning review was conducted. Given that it is their view that much of today’s Village controversies are a result of yesterday’s complacency, we would think that the Planning committee would be dedicated to taking the necessary time to ensure the current Planning review is founded in adequate research and integration of resident insights.

It is our respectful view that this project simply has not been adequately assessed to allow for a final hearing at this time. Much of Chester have not been properly informed on the specific changes proposed by Planning, nor have they been provided with tangible data to address the substantial environmental and community concerns that arise as a result of the Municipality’s proposed Village Plan.

Core Proposed Plan Areas of Concern

Village Values

When asked about the motivating factors behind the Village Plan Review, Mr. Garth Sturtevant resolutely cited economic growth and development as his leading objective in preparing the current Village Plan. At the public meetings the Residents of Chester clearly and repeatedly expressed substantially different values for the Village Plan, including responsible resource management and preservation of Chester’s current architecture, heritage and culture.

At the meetings it was clearly expressed by Village Residents that Chester’s essence and economy is founded in preservation of character homes and coastal charm. Residents of Chester Village are not seeking the cheap institutionalization of the Village core, and are instead seeking planning provisions that ensure any renovation or new build in the Village will only enhance the existing landscape. The Village’s historical and coastal properties, and use of quality in-keeping and sustainable building materials is what has given Chester its reputation as one of Nova Scotia’s greatest architectural treasures. Chester Residents are seeking a Municipal Planning Strategy that will ensure that the Village maintains its legacy as a community built on beauty and history. People travel both domestically and internationally to visit Chester for its unique vernacular, and preservation of its current form and structures is essential in ensuring that Chester retains its appeal as both a Home to Residents and a tourist attraction to many.

Village residents also indicated at the public consultation meetings that those who have invested their life to Chester, in maintaining their homes, and contributing to the community, are deserving of having the enjoyment of their Properties and Property values preserved. As such, it is essential that the Village Plan ensures that any changes to zoning or development allowances, will not dilute the value or enjoyment of existing properties, and will ensure protection against the privatization of publicly enjoyed spaces, such as access to the water from Chester Village’s various harbours.

We note that careful consideration should be made in relation to the feedback offered by Residents at these public meetings, given that they are the individuals with lived experience relating to the resource concerns in the Village. They are also the ones with an innate knowing of the role that Chester’s existing landscapes, such as our picturesque waterfront peninsula, plays in attracting interest to Chester Village. It is our respectful request that Council use their authority to ensure that the Planning Department adapt their proposed Village Plan to reflect and incorporate the clearly expressed values of Chester Residents, which includes preserving Chester’s existing resources, heritage, and culture.

Water

The public consultation meetings confirmed that the Village of Chester values environment and sustainable resource management. Water quality and quantity remain a substantial concern of the Residents of Chester, and as such, any Village Planning strategy must take a proactive approach in evaluating potential for erosion of water supply within the Community. The Residents expressed concerns surrounding water and septic resource management are not unfounded, given that quantitative studies back to 1967 have indicated that the Village does not have adequate long-term water supply to meet the demand of residents and businesses. Despite this Mr. Sturtevant’s proposed plan focuses on increased density within the Community and ignores the undeniably consistent conclusions offered by various water resource studies conducted for the Municipality: Chester does not have adequate water supply to support the existing needs of the Village, let alone increased density or development. Any plan which allows for significant or increased development and density in the Village core is not only short-sighted but undeniably reckless.

At the public community presentations Mr. Sturtevant, the lead senior planner responsible for the Village Review, admitted that he had not conducted or incorporated any quantitative studies on the impacts of the proposed increased density in preparing his plan, nor had his Planning Department engaged any third-party professionals, such as environmental engineers (hydrologists), to provide the Village with an independent assessment on the viability of their proposed plan. This lack of quantitative analysis is particularly concerning as the August 2017 water needs and options preliminary assessment prepared for the Village by CBCL Limited, Consulting Engineers, indicates that approximately one quarter of the sample participants experienced water supply issues.

In the executive summary to the report CBCL concluded:

“The survey results and collected water quality data indicate that water quantity and quality problems are common throughout the Village of Chester… Many well owners are required to observe conservation measures, and several properties are without a consistent supply. Shortages show that water resources are stressed in localized parts of the community, and that the potential for further development or increased density within existing dwellings is limited.” [emphasis added]

The report repeatedly concluded that the Village core could not sustain increased density or development, and also confirmed that in a 2016 drought several residents experienced water shortages to such an extent that they were without tap water for periods of one week to four months. The report further stated:

“Existing climate models suggest that the rate and frequency of extreme weather events is increasing in Nova Scotia, which would indicate that drought events such as those experienced in 2016 are likely to be repeated. Climate and well data compiled by NSDNR appears to support this likelihood. Periodic, intensive reductions in recharge to shallow aquifers in Chester are likely to continue to causes shortages, potentially with increased frequency and/or duration in future years”. [emphasis added]

While Mr. Sturtevant repeatedly indicated resource management was not within the scope of his role as a Senior Municipal Planner, the Canadian Institute of Planners (CIP) defines the planning profession as:

“[the] scientific, aesthetic, and orderly disposition of land, resources, facilities, and services with a view to securing physical, economic, and social efficiency, and the health and well-being of urban and rural communities”.

It is a Planner’s very role to create to develop a responsible and sustainable plan, and a Village Plan that has not considered resource issues, (especially in a village for its considerable water shortages), is not a plan that looks to secure the physical, economic, and social efficiency, and the health and well-being of the community. We ask Council to affirm Planning’s role in ensuring that the Village Plan presented is one founded in professional integrity through adequate consideration of resource management.

Quantitative Data + Independent Review

Resident concerns relating to the general lack of quantitative studies or independent review of the proposed Village plan is not limited to resource management, but also extends to the broader nature of the plan and its proposed implementation. Given that poor planning could substantially erode the integrity of the entire village and its resources, it is essential that the Plan be carefully considered by a diverse set of professionals. This ensures control over the development of the Plan is not unduly centralized, and allows for the the final plan to reflect a diverse mosaic of resident and professional voices.

A particular area of concern was the lack of any assessment on the ability of our current emergency services infrastructure to support the potential density proposed by the Planning Department. Given that the Province just experienced grave wildfires, and Chester has been known to lose several noteworthy structures to fire throughout the years, it would only be responsible to have the proposed Village plan changes presented to emergency service personnel so that they can provide their professional opinion on the potential risks associated with the proposed plan.

The proposed Plan must also be assessed in light of the Municipality’s obligations to its residents under the Municipal Government Act, which cites in its pre-amble that “municipalities are a responsible order of government accountable to the People.” Reviewing the proposed plan in light of this 300+ page Act, as well as other relevant provincial and federal legislation, (including, but not limited to, any environmental, well & septic regulations, and National & Provincial Building Codes,) is essential. Such an undertaking requires specific expertise, and should be done responsibly and thoroughly to ensure the Council is not presented with a plan for approval that is in conflict with the Municipality’s broader obligations to adhere to and enforce laws for the benefit of the people.

Throughout the public meeting process Mr. Sturtevant indicated some of the lack of research to date is due to the Municipal Planning having a small team, that is already overburdened with their current workload. If the Municipality is already organizationally burdened by the current demand from Chester Residents, it is pertinent that the introduction of any proposed planning provisions are professionally reviewed and introduced in a manner that ensures that the Village and its government will not be unduly burdened with under-resourced population growth and development.

It is our view that we both the Municipality and Village businesses and residents benefit from further foresight and consultation. We believe a pro-active, unified approach among Village Residents, the Planning Advisory Committee, the Planning Department, and other stakeholders, is the best path forward in ensuring that Chester’s legacy is maintained. It is a privilege to live and work in Chester, and we all benefit from a sustainable and safe Village Plan.

Conclusion

A responsible council is a good council, and with that, we ask you to join in our efforts to ensure Chester’s legacy is founded in community and environmental integrity. We kindly ask for response to our request for Council to implement further due diligence requirements from the Planning Department no later than August 31, 2023.

In Social Consciousness & Community,

The Chester Coalition of Common Sense Citizens