Zoning By-laws

Town of Brome Lake’s new zoning by-laws raise a number of concerns for local citizens

The Town of Brome Lake has adopted zoning by-laws 596-15, 596-16, and 596-17, raising a number of concerns amongst residents. Photo by Taylor McClure.

By Taylor McClure
Townships’ Daily News Bits
CIDI 99.1 FM

The Town of Brome Lake has adopted three new zoning by-laws - by-laws 596-15, 596-16, and 596-17 - that have sparked some concern amongst citizens. As a result, a register will be held on July 21, which will dictate whether the three by-laws will be subject to a referendum.

Town council adopted by-laws 596-15, 596-16, and 596-17 at the July 3 municipal council meeting. 

According to information provided by the municipality, by-law 596-15 concerns the re-evaluation of the definition and usage of a "bed and breakfast” in order to set it apart from short-term rentals. 

The object of Bylaw 596-16 is to define “shipping container” and to set out the conditions in which a shipping container can be used for commercial, industrial, and agricultural use. 

Lastly, by-law 596-17 concerns what is referred to as the “noise corridor” along Route 104 with the objective of reducing the length of the noise corridor by 1.6 km. The noise corridor is an initiative of the Brome-Missisquoi MRC to prohibit residential construction on the first 86 meters of each side of a road, where the maximum speed is 70 km/h or more, and where there is traffic of 5,000 vehicles per day or more. The goal is to protect the health of the residents living on these roads.

Though the three bylaws look different from each other on the surface, some community members see patterns which link the three.

The three by-laws were presented with opposition from local residents, more particularly members of citizens group Vigilance Lac-Brome - which has a mission to ensure the quality of life for residents in the Town of Brome Lake. 

Founding member of Vigilance Lac-Brome Benoît Bourgon told CIDI that, together, these three zoning by-laws will cause disturbances, nuisances, and they will impact the rustic rural landscape of the village. However, during a time where the municipality is working on its new urban plan, Bourgon emphasized that the bigger picture is the lack of transparency on part of elected officials and its lack of communication with its citizens for their feedback on what they want to see happen in their village when implementing new by-laws.

“To be honest, the city has never come to us to say this is the plan that we want for the city. They’re discussing right now a five-year plan. There is a five-year urban plan that supposed to be put in place, some say in December but we don’t really know,” he explained. “The city is already taking steps through these by-laws that indicate ‘the flavour of the day,’ what they want for the plan. When you look at these individual by-laws, you can [somewhat perceive their plan.] Their plan is to increase the densification of the city.” 

Referring to by-law 596-17 as an example, which reduces the noise corridor on Route 104 by 1.6 km, Bourgon said that it opens the doors for “promoters to build additional residential projects, commercial projects” on the very edge of Route 104, which will also increase noise and create additional disturbances. He added that within this zone, “there’s at least ten other properties that are forecast to be built on the same type of lots.”

Highlighting the municipality’s lack of transparency and communication, Bourgon noted that  “when the city says that ten detached single family homes could be built in the short or medium term, this is misleading because that doesn’t take into account the real plan of the city to increase the densification.”

Owen Falquero, lawyer and director of registers and legal affairs for the Town of Brome Lake, emphasized that the municipality has “no machiavellian plan,” especially when it comes to the adoption of by-law 596-17. He explained that when the municipality originally implemented the noise corridor, it met the criteria set out by the MRC. However, this is no longer the case because part of the zone has been reduced to 50 km/h and statistics provided by the Ministry of Transport state that there are less than 5,000 cars a day that travel within that zone.

Falquero emphasized that the idea of the municipality helping promoters build future extensive housing projects is unfounded. He noted that almost all of the properties, “absent of maybe one,” that fall within the noise corridor have already been developed.

Reflecting on by-laws 596-16 respectively, Bourgon said that, again, there is a lack of clarity of the goal behind the adoption of this by-law and a lack of consultation with citizens for feedback. The bylaw will allow the permanent installation of storage containers on commercial, industrial, and agricultural properties, creating an “eyesore” amongst the areas landscapes, without the municipality providing the actual reason for its adoption, according to Bourgon.

“There is no void here. The Zoning By-law 596 provides for what usages are permitted within the city. If the city decides to numerate the usages that are allowed within the city, what is not listed is not permitted. Storage containers are not listed in the by-law, therefore it is not permitted. It’s not a question of void, it is illegal to have a container on the premises right now,” explained Bourgon. “Now the city doesn’t say that, they say on the website that there is a ‘void,’ it’s not true.” 

Bourgon added that the municipality held a presentation on bylaw 596-16 where its General Director admitted that “containers were tolerated on the premises of some commercial venues.” Essentially, the municipality's process when amending its by-laws is based on allowing people to break the law and then deciding to make amendments so that its citizen's conduct is no longer illegal, said Bourgon. 

Falquero admitted that the municipality’s current by-laws don’t mention storage containers, it’s something that it recognizes, but it does mention storage areas. He said that this situation made it unclear as to whether or not storage containers are allowed, resulting in town council adopting by-law 596-16. 

At the end of the day, Bourgon emphasized that there needs to be more transparency on part of town council when it comes to adopting by-laws that affect the quality of life of its citizens. 

 “I’ve been involved in musical affairs for the last four years, I’ve been going to almost all municipal council meetings. We have not seen a revelation from the city to listen to the citizens. As a result of this, there has been many projects facing threats of a referendum,” said Bourgon. “You got to stop and think why we need to have a group of well intentioned citizens to get together, spend time and money, to make the city realize they are going the wrong way. We should not have to do this every time there’s some opposition to a project. There should be a more convenient process where the city sits down with our group or other people and try to get our feedback.”

Falquero noted that citizens concerned by by-laws 596-15, 596-16, and 596-17 always have the option to contact him for more information and that they have the opportunity to express their opposition on these by-laws at the register being held on July 21. 

“The register is happening this Friday at Dépenneur Rouge from 9 a.m. to 7 p.m. and if people want to check if they are on the list to sign they can also contact me. Basically, anyone that is registered to vote in this town ought to be on the list and if they want to come down and sign they should feel free,” he said. 

A total of 51 signatures need to be collected for by-law 596-17 to be subject to referendum, otherwise it is deemed as being approved by citizens. A total of 442 signatures are needed for by-laws 596-15 and 596-16 to be subject to a referendum.

For more information on by-laws 596-15, 596-16, and 596-17, more information can be found on the ‘public notice’ section of the municipality’s website. 

Editor’s note: Following registers for the three zoning by-law projects, only Bill only by-law 596-17, which concerns the noise corridor, gathered the required number of signatures to make it subject to a referendum. According to a press release sent out by the Town of Brome Lake, the municipality has decided not to go to a referendum due to high costs. Town council officially adopted a resolution at the Aug. 7 council meeting to withdraw the by-law. By-law 596-15 (Concerning the Definitions “Bed and Breakfast Establishment”, “Bed and Breakfast”, and “Gt5” Usage Class) and by-law 596-16 (Concerning Shipping Containers) will be adopted according to the deadlines set by law.

Listen to the full interview below: