Planning appeal by residents halts $35 million housing development in Digby. As published in the Tri-County Vanguard by Kathy Johnson. Feb 3 2023

Published Feb 03, 2025  •  Last updated Feb 04, 2025  

A planning appeal filed with the Nova Scotia Utility and Review Board (NSUARB) by a group of 23 Digby residents has put a $35-million, 76-unit mid-market housing development in the town on hold.

Digby Town Council approved entering into a development agreement with developer/builder James Wallace on Oct. 17, 2024, that would permit the redevelopment of four acres of vacant land on Thomas Road for the purpose of constructing three multiple-unit residential structures containing a total of 76 dwelling units, together with the construction of related street and infrastructure.

An appeal to the Town’s decision was filed with the NSUARB by the Concerned Citizens Regarding the Development Agreement for 9 Thomas Road on Jan. 15 because the decision “does not reasonably carry out the intent of the municipal planning strategy (MPS).”

The group alleges that council has not reasonably carried out the intent of several policies of the MPS including zoning, community engagement and environmental sustainability.

“The decision of the council will negatively affect our property values, now and in the future,” reads the appeal filed with the NSUARB.

“Currently, the character of the neighborhood around 9 Thomas Road consists of approximately 20 single-family homes in a low-density area. The proposed high density three multiple unit residential structures are not compatible with this area of town,” the appeal states. “We will lose reasonable enjoyment of our property, security, and privacy. Such a large structure will cause shadows on our properties and adjacent green spaces during early hours of the morning.”

A drawing of one of the proposed buildings that would make up a housing development in the Town of Digby on Thomas Road. TOWN OF DIGBY DOCUMENTATION Photo by Tina Comeau /.

The group says they also believe the proposed development will place an excessive burden on existing infrastructure, saying the town has not adequately addressed their concerns.

“At the one public hearing held, the town council failed to provide any assurance to residents regarding their expressed concerns about schools, fire protection, hospital capacity, and the sufficiency of existing infrastructure…. We believe that such an important decision as rezoning from low density to high density requires successful community engagement,” reads the appeal.

“The town council offered one public meeting on Oct. 7, 2024, and did not address any of our concerns. The council deferred their decision after the public’s strong reaction. Council decided to go forward with a second and final reading in a special council meeting 10 days later and just two days before the election where two councilmen were leaving office,” the appeal states.

The group also raised concerns the development is along a sensitive coastal area.

PROJECT ON HOLD

The appeal to the NSUARB is the latest hurdle in a two-year saga of trying to develop new mid-market housing units in the Town of Digby.

“The story is actually quite frustrating,” says Wallace, who was a developer and builder in British Columbia for more than 40 years before coming to Nova Scotia.

“We have spent two years here away from my home trying to get a project off the ground and we have local individuals who have stopped us in our tracks. It’s the same group of people against it all along,” says Wallace. “With the unprecedented resistance that I’ve received, I’m losing my motivation to even consider carrying on in Nova Scotia. Apparently, Nova Scotia doesn’t need builders.”

Downtown Digby’s commercial district.
Photo by Tina Comeau

Three stages are proposed for the Digby housing development. Phase 1 is a two-storey residential building with 12 units. The other two phases each include the construction of two four-storey buildings with 32 dwelling units each. A minimum of 93 surface and below-grade parking spaces and associated vehicle circulation, driveways, building access, sanitary sewer, storm sewer and domestic water infrastructure are also included in the development agreement.

The development agreement also calls for extensions to West Street and Third Avenue, as well as the construction of a new street.

“A development of this size is an awful lot of money,” says Wallace, estimating the project will cost $35 million. The plan is to employ local tradespeople, labourers and suppliers. “$35 million is a nice little chunk of change for a community.”

Wallace says he respects the fact people have the right to complain and speak their mind for not wanting change.

“I respect the fact there’s a good chance I won’t be developing in Digby and that’s okay. I’ll move on. The Town of Digby has a situation that is teetering. I’ve already waited two years and losing my patience quickly. I can build anywhere. I don’t need to build there but I feel for the people that need the housing,” Wallace says.

“I’ve been doing this for 45 years. There’s lots of places I build. If I buy a piece of vacant land and you live across the road and I do something with it and you don’t like it, well you had the choice of buying that vacant land, then you can whatever want with it. The people that are complaining had every right to buy that land before I did. That piece of land was for sale for years and years and years.”

MID-MARKET HOUSING

Wallace says many people assume when they hear the term affordable housing, it means subsidized housing.

“I don’t build subsidized housing. I build affordable housing which is mid-market housing. The projects I do service working people, not people on social assistance,” he says.

Wallace feels the people making modest incomes are being ignored when it comes to government housing initiatives.

“If you want a community to grow the first thing you need to do is provide housing,” says Wallace. “We need to provide housing people can afford.”

Wallace says he uses the model of taking 30 per cent of two minimum wage incomes working 35-hour weeks to calculate rent.

“My rent qualifies those individuals on a conventional qualification. My rent is approximately 30 percent of income, the key being two incomes,” he says, adding utilities are included.

“We have to be in a position that we make sure we are providing housing for people who need it the most,” says Wallace.

Floor plans of a housing development that has been eyed for Thomas Road in the Town of Digby. TOWN OF DIGBY DOCUMENTATION Photo by Tina Comeau /.

“Our development fills a gap,” he says, adding he has done his research, talking to local property management entities who all have “huge long lists of people waiting for apartments,” as well as health care recruiters.

“How can they attract nurses to work in Digby Hospital if there is nowhere for them to live?” asks Wallace.

“The thing about mid-market housing, you’re going to pull people who maybe have a little bit more money to spend. They may be living in something they can afford better,” says Wallace. “They move out and it opens up to someone with maybe a little less money. That’s the way housing goes.”

 

CORNWALLIS PARK

Digby isn’t the only place Wallace has development plans for in southwestern Nova Scotia.

He has purchased 54 acres of land with 18 existing buildings in Cornwallis Park in Annapolis County, 12 minutes away from Digby.

“I’m in the process of putting something together with the same intentions that we have in Digby, bring housing people can actually afford into the community,” Wallace says.

Wallace is working on repurposing the 18 existing buildings and converting them into residential units and building four new buildings. It’s “going to create a massive amount of housing in Cornwallis,” he says.

At this point in time, Wallace says he has complete support from the County of Annapolis, but there is still a way to go.

“We have to make sure what we’re doing is what the community needs,” he says. “My hope of Cornwallis Park is (it) will also be an opportunity to buy real estate, not just rent.”

The above photo is taken by Dan White as shown on Google Maps. This is not part of the Vanguard article.

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