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Reluctant compromise

Posted: September 2, 2016 at 9:08 am   /   by   /   comments (0)

Storeowner seeks to undo Heritage Conservation District plan

All had agreed, more or less, with the compromise. All that was left was for council to ratify the deal. But the owner of the Beach Bum in the County store in Picton wanted council to defer its decision. A petition was circulating among businesses in Picton and Cynthia Nicholls wanted council to know the results before it confirmed its decision.

Last December, Nicholls purchased a building on Main Street next door to her rented premises and moved her retail business, Beach Bum in the County. She purchased a new sign for the building— but failed to get a sign permit. Nor did the new sign conform to the Heritage Conservation District rules that govern the exterior of Main Street buildings in Picton from Talbot to Bridge and Paul Streets.

In April, Nicholls appealed to council seeking relief from the regulations. Money was tight and she already has spent money on a new sign. Council suggested Nicholls work with the Prince Edward Heritage Advisory Committee (PEHAC) to find a compromise solution.

In June, PEHAC agreed to Nicholls proposed changes—raised lettering, a border and a slight muting of the yellow background. While not in full compliance, the changes represented an improvement—one PEHAC could live with.

But in the intervening days, Nicholls has gained support from residents and businesses who bristle at municipal regulations and what they perceive as inconsistent application of the rules. They point to signs on stores and restaurants erected before the HCD plan came into effect, and to signs outside the boundaries of the designated Conservation Dstrict as evidence of the unfairness. They say it is discriminating to compel Nicholls to comply with these regulations when these businesses aren’t required to do so.

Nicholls, too, has been sharply critical of Council in social media—accusing it of secret meetings and inconsistent governance.

Anticipating that a petition filled with names might change their mind, Nicholls softened her tone before council on Tuesday—asking that they postpone a decision until such time as it was presented to them.

Her request produced a number of questions from council members.

“Are you in favour of the compromise?” asked Bloomfield councillor Barry Turpin. He explained that council was faced with two options— either to approve the compromise or reject it and compel the business owner to follow the rules.

Sophiasburgh councillor Kevin Gale attempted to make the issue plain for Nicholls— that if she was walking away from the compromise, the result could be a much higher cost.

“Are you willing to roll the dice?” cautioned Gale. “I would hate to see you take a gamble and lose.”

Others weren’t as accommodating. South Marysburgh councillor Steve Ferguson sits on PEHAC. He explained that while his committee wasn’t entirely satisfied with the changes proposed by Nicholls in June, that it was an improvement and PEHAC was prepared to accept it as a gesture to the business owner.

“I thought ‘Great, this is behind us,’” said Ferguson.

Athol councillor Jamie Forrester wanted to know if it was Nicholls goal that council rescind or tear up the HCD plan. Nicholls confirmed that that was her wish.

Sophiasburgh councillor Bill Roberts compared the issue to eating a raw onion sandwich—that it keeps repeating in a uncomfortable way. He denounced Nicholls comments on social media as “crazy talk”.

“It is a simple permit issue,” said Roberts. “At the beginning, this was just about applying for a sign permit. For whatever reason, neither you nor your contractor did that. This is a reasonable way to bring this to closure. I’m in favour of it, as any sensible person would be.”

Hallowell councillor Gord Fox wanted to know whether Nicholls had been offered money to alter her sign to comply with the rules.

“Yes, I was offered money,” said Nicholls.

Council refused to defer it any longer. The compromise was put on the table and approved. Council is surely hoping it has heard the last about the Beach Bum sign.

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