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03 21 2022 Heritage Committee Agenda The Township of Oro-Medonte ��� Heritage Committee Agenda � Electronic Meeting Township of Monday, March 21, 2022 Proud Heritage, Excitivaq Future 5:00 p.m. Effective Monday, January 31, 2022, the Township Administration Centre is open for customer service by appointment with safety measures in place including: visitor screening, use of face coverings, and physical distancing. To best serve you, it is recommended that an appointment be booked prior to arrival, Contact us/Book an appointment. Taking into consideration positive COVID-19 cases in Simcoe Muskoka and beyond, and contagious transmission of COVID-19, whenever possible, residents and business owners are encouraged to utilize online and telephone services for Township related business. Input on agenda items are welcome and encouraged. If you would like to attend the meeting electronically, please email 'jteeter@oro- medonte.ca' your name, email address you are participating with and if you are participating via computer or telephone or call 705 487 4028. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Agenda Approval: a) Motion to Approve the Agenda. 2. Disclosure of Pecuniary Interest: 3. Approval of Minutes of Previous Meeting: 3 - 6 a) Minutes of Heritage Committee meeting held on Monday, November 15, 2021 . Page 1 of 21 4. Communications: 7 - 18 a) Community Heritage Ontario, CHOnews, Quarterly Publication, Winter, 2022. 5. Reports of Members of Council/Municipal Officers: 19 - 20 a) Catherine McCarroll, Intermediate Planner re: Collingwood Connection Article, Wednesday, November 17, 2021. 21 b) Catherine McCarroll, Intermediate Planner re: Rugby Cemetery Update. 6. Next Meeting Date: Monday, May 16 (TBC). 7. Adjournment: a) Motion to Adjourn. Page 2 of 21 3.a) Minutes of Heritage Committee meeting held on Monday, November 15, ... The Township of Oro-Medonte hipo� Heritage Committee Meeting Minutes �Totvns T f Electronic Meeting Proud Heritage,Exciting Future Monday, November 15, 2021 5:04 p.m. Present: Mayor H.S. Hughes (arrived @ 5.14 p.m.) Councillor Cathy Keane, Chair Councillor Tammy DeSousa (left @ 6:45 p.m. and returned 7.10 p.m.) Stephen Davids Ruth Fountain Dorothy Moore Age Kayla Thibeault Bob Tudhope (arrived @ 5.29 p.m.) Regrets: Jess Woodrow Staff Present: Andria Leigh, Deputy CAO/Director, Development Services; Shawn Binns, Director, Operations and Community Services; Catherine McCarroll, Intermediate Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk V46V "qqqw In All Committee members and staff participated via ZOOM platform. Staff confirmed Michael Cleland would be in attendance for Item 4a). 1. Agenda Approval: a) Motion to Approve the Agenda. Motion No. HC211115-1 Moved by Moore, Seconded by Davids It is recommended that the agenda for the Heritage Committee meeting held on Monday, November 15, 2021 be received and approved. Carried. 2. Disclosure of Pecuniary Interest: None declared. Page 1 of 4 Page 3 of 21 3.a) Minutes of Heritage Committee meeting held on Monday, November 15, ... Heritage Committee Minutes — Monday, November 15, 2021 . 3. Approval of Minutes of Previous Meeting: a) Minutes of Heritage Committee meeting held on Monday, October 18, 2021 . Motion No. HC211115-2 Moved by Fountain, Seconded by Moore It is recommended that the draft minutes of Heritage Committee meeting held on Monday, October 18, 2021 be received and approved as printed and circulated. Carried. 4. Reports of Members of Municipal Officers/Members of Committee: a) Shawn Binns, Director, Operations and Community Services and Michael Cleland, RC Strategies re: Parks & Recreation Master Plan. Motion No. HC211115-3 'N Moved by Thibeault, Seconded by Davids Whereas the Township of Oro-Medonte Heritage Committee has received a presentation from Shawn Binns, Director, Operations and Community Services; and Michael Cleland, RC Strategies, dated November 15, 2021 re: Township of Oro- Medonte Parks & Recreation Master Plan; And Whereas the Heritage Committee provided feedback regarding heritage and cultural issues, evaluation of heritage and processes for determining priorities for culture and heritage within the Parks and Recreation Master Plan; Now, therefore the Heritage Committee respectfully recommends to Council to: • Continue to identify heritage and culture as a strategic priority for the Township of Oro-Medonte; • Invest resources (including financial and human) into the promotion, development and protection of heritage and cultural assets throughout the community; and • Continue to advocate and partner with key stakeholders, including other levels of government, for the continued investment in the Township's heritage assets. Carried. Page 2 of 4 Page 4 of 21 3.a) Minutes of Heritage Committee meeting held on Monday, November 15, ... Heritage Committee Minutes — Monday, November 15, 2021 . b) Catherine McCarroll, Intermediate Planner re: Valley View Cemetery Signage. Motion No. HC211115-4 Moved by Moore, Seconded by Fountain It is recommended 1. That the information presented by Catherine McCarroll, Intermediate Planner re: Valley View Cemetery Signage be received. 2. That it is recommended to Council that the appropriate sign for the Valley View Cemetery, to be located north of 1630 Line 13 North, along Bass Lake Sideroad East near Line 13 North, be considered in the 2022 approved budget allocation. Carried. c) Catherine McCarroll, Intermediate Planner re: Index of Register of Heritage Listed/Designated Properties, Potential Listing for Rugby Cemetery, 1933 Old Barrie Road East. Motion No. HC211115-5 Moved by Thibeault, Seconded by Moore It is recommended that the correspondence presented by Catherine McCarroll, Intermediate Planner re: Index of Register of Heritage Listed/Designated Properties, Potential Listing for Rugby Cemetery, 1933 Old Barrie Road East be received and brought back to a future Heritage Committee meeting with further information. Defeated. 5. Communications: l a) Community Heritage Ontario, CHOnews, Quarterly Publication, Fall 2021. Motion No. HC211115-6 Moved by Davids, Seconded by Tudhope It is recommended that the Community Heritage Ontario, CHOnews, Quarterly Publication, Fall 2021 be received. Carried. 6. Next Meeting Date: Monday, January 17, 2022 (TBC). Page 3 of 4 Page 5 of 21 3.a) Minutes of Heritage Committee meeting held on Monday, November 15, ... Heritage Committee Minutes — Monday, November 15, 2021 . 7. Adjournment: a) Motion to Adjourn. Motion No. HC211115-7 Moved by Davids, Seconded by Fountain It is recommended that we do now adjourn at Carried. Councillor Keane, Chair Janette Teeter, Deputy Clerk Page 4 of 4 Page 6 of 21 d Ml r ornmi ini�Heri e Ontario, (`I- OnPlA/c� (li i�rtcrly Publication, Winter,... MMIV I L WINTER/RIVER i news QUARTERLY PUBLICATION OF COMMUNITY HERITAGE ONTARIO/PATRIMOINE COMMUNATAIRE DE UONTARIO MIN TIMMINS COUNCIL APPROVES FIRST HERITAGE DESIGNATION N ICOLA ALEXAN DER The Timmins Municipal Heritage Committee was For a city so rich in cultural heritage, it may be surprising established in 2018 under the Museum Advisory that itwas not alreadysitting on several designated heritage Committee with two goals. First, to promote a culture of sites. In 2018, the need for a municipal heritage program conservation and second, to determine the next steps was considered more urgent due to recent demolition of toward establishment of Municipal Heritage Register. the Dome Mine Manager's House and the Hollinger Office Timmins is the fourth largest city in North-Eastern Building.The question was,where to start? Ontario. Much of the city's development is attributable to An opportunity presented itself when the City Clerk the Porcupine goldfields. In addition to enormous wealth, received an enquiry from the owner of the log home at the the mines gave rise to a rich multicultural history due to bottom of Wilson Avenue. With support of the Timmins the many immigrants of diverse backgrounds, who were Museum,the newly established MHC offered to undertake drawn to the region in search of employment. The city is further research to determine whether the property might in Treaty 9 Territory on what are the traditional lands of the qualify for designation and determine the next steps. Mattagami First Nation. Human habitation is estimated to Log homes are a characteristic feature of early pioneering date back 4,000 years. When prospectors ventured north life in Northern Ontario, but few remain in the City of in the early 1900s,they relied on knowledge of the Ojibway Timmins. The home on Wilson was one of four log homes and Cree communities in order to access the region via the built overlooking the Mattagami River, though it is the only old Hudson Baytrading routes. one that has survived. continued on page3. k NLMOW-1 _ t Photographs of the the log house at 438 Wilson Avenue soon after completion in 1925, and in 2021. (Darling Family Photo Album,from the collection of the Timmins Museum: National Exhibition Centre/N. Alexander, 2021) IN THIS ISSUE Timmins Council Approves First Heritage Designation 1 Ontario Vernacular Notebook:Snake Rail Fence 5 President's Message 2 Remnant of a Tallgrass Prairie 6 Ontario Heritage Tool Kit- Update from the Ministry 3 What's Up (or Down)With Demolition vs.Alteration 7 Designation By-laws - Changes under the Amended The Cox Estate Barn Restoration 10 Ontario Heritage Act 4 News from the Board of Directors 11 Page 7 of 21 4.a) Community Heritage Ontario, CHOnews, r,... PRESIDENT'S MESSAGE CHOnews I hope this message finds you well and able to pursue heritage conservation in your municipality WINTER/HIVER 2022 despite the challenges of the pandemic. CHOnews is published quarterly by Community Heritage Ontario. Application of Amendments to the Ontario Editor:Julie Driver Heritage Act (OHA) Community Heritage Ontario, By now many of you are dealing with the changes 24 Conlins Road, in listings, designations and notification resulting Scarborough,ON M1C1C3 416.282.2710 from the amendments to the OHA proclaimed on info e communityheritageontario.ca July 1, 2021. Note that these changes are effective on a go-forward basis; Contributors permit further copying they do not apply to listing and designations enacted prior to July 1,2021. of their works only for the purposes To help you in dealing with the effect of these amendments on of educating the public on heritage designation by-laws, Nancy Matthews and I have written an article for matters. Copyright remains with the g y y author or creator. Credit must be this edition of the newsletter, showing the effect of the amendments given to the author or creator and to on Schedule B (the Statement of Significance and list of attributes) of a the source, CHOnews, on all copies made. No work can be reprinted in any designation by-law. I also gave an orientation talk to the King Township published form without permission of heritage committee and staff that includes a discussion of the effect of the copyright holder. many of the amendments on heritage conservation.You can find a copy The content of CHOnews does not of my presentation on the CHO/PCO website. contain nor reflect any opinion,position, or influence of the Board of Directors or For the next issue of the newsletter we should have an article on the the Editor. effect of the OHA amendments on listings. The financial sup port of the Ministry of Some people have asked about experiences in dealingwith OHAappeals Tourism, Culture and Sport is gratefully to the Ontario Land Tribunal (OLT), a judicial tribunal which was created acknowledged. by the merger of the Local Planning Appeal Tribunal, the Environmental 0 facebook.com/CHOntario Review Tribunal, The Board of Negotiation, the Conservation Review twitter.com/CHOntario Board and the Mining and Lands Tribunal. If any of you have dealt with ISSN1201-9852 the OLT on a heritage matter, I encourage you to share such experience with us. Property Insurance and Heritage Designation In response to the concern of some members about the impact of � ,,� C property insurance on heritage designation, CHO/PCO commissioned a study of the issue.We await responses from consultants to our request for proposals. I hope that we will have the results of this study in time for the Ontario Heritage Conference in Brockville,June 16-18, 2022. Regardless, z mamma we will make the results of the study available to all members. In the meantime, visit our website which contains a number of articles about this issue. Submitted articles must be in Microsoft Word format. Images must be sent as.jpg attachments in Stay safe and crack on; heritage conservation does not stop because high quality resolution (300 dpi). Do there is a pandemic. not embed the images in the text of the article. Captions and credits must be provided. Wayne Morgan Newspaper articles as updates to MHC activities cannot be used without permission of the newspaper and/or the original author. Text written by the MHC is encouraged. Articles are published in the language they are received. 2 CH ONEW51 COMMUNITY HE RITAGEONTARIO.CA WINTER/HIVE R2022 Page 8 of 21 Continued from p gel) Community Heritage Ontariopat�Her Or��ws,aQuartemine pl�rnPut�lec�,T on til'ineteand The history of the home is tied to that of two families. It was in turn to her children-and therefore it is commonly known built in 192S by Harry Darling, a mining engineer. His wife, as the Mackechnie House (or Doc's House,after his son). Helen Darling, recalls in a 1947 newspaper article how the Council approved designation of the Mackechnie House logs used in construction of the home had to be floated in November 2021, and it becomes the first entry on the down the Mattagami River. The Darlings first arrived in Municipal Heritage Register. It serves as a template going the Porcupine Camp in 1911. After a brief appointment as forward and highlights the importance of community manager of Dome Lake in 1917, Darling left for Nevada but in identifying and preserving our local heritage. It is also returned in 1919 to assume a position as manager of the an example of the role that municipal museums play in Porcupine Crown Mine.The Darling Family Photo Album, in managing the community archive in order that we can the Collection of the Timmins Museum: National Exhibition better understand our built environment and take steps to Centre, provides a glimpse into early life in the Porcupine: conserve itfor future generations. family photos,social outings on the river and the inaugural Nicola Alexander is a built heritage specialist, artist, and Porcupine Dogsled Race. educator. Her practice is built on a processional background Dr. Mackechnie purchased the house from Mrs. Darling in In architecture,and she is chairperson of Timmins Municipal 1947. He was a physician and surgeon at St. Mary's Hospital. Heritage Committee. Subsequent ownership was passed on to his wife (whose Ontario Heritage Conference 2022 June 16-18 Brockville and the Surrounding Region The Light fit the erg'of the Tunnel Check the website for updates! https://www.ontarioheritageconference.ca/ ONTAll HERITAGE TOOL KIT - UPDATE FROM THE MINISTRY KATE OXLEY The year 2021 finished for the Ministry heritage team the scope of the update was limited to primarily addressing on a positive note: the finalization and approval of the changes resulting from the OHA amendments and the new updated text of all five guides in the Ontario Heritage Tool O.Peg.38S/2 that came into force on July],2021.There were Kit. requests for additions, such as more case studies, or more Right now, we are working with our web team to create detailed guidance, that could not be realised at this time. the overall look of the guides, to translate the guides into Guidance on processes that fall under other ministries,such French,and to ensure the Tool Kit meets online accessibility as those related to the Ontario Land Tribunal,also could not standards. The final documents are anticipated to be be provided in the Tool Kit. available atOntario.ca in theweeks ahead.Wewill announce The 2022 version of the Tool Kit will be produced as an when the guides are available. online document. It is our intention that as an all-digital Back in June,the five revised guides were posted on the publication,the Tool Kit will be a 'living document'that can Environmental Registry of Ontario for public comment.And evolve,and that it won't be another sixteen years before it is comment they did - we received 39 detailed responses, updated again. containing approximately S00 distinct comments and The Ministry is indebted to CHO/PCO and its members suggestions across the five guides. Feedback came who took the time to work through the drafts and make from municipal staff, heritage organizations, professional suggestions for their improvement. Great thought and associations, landowners, municipal heritage committee attention were given to matters large and small,all of them members, businesses,and individuals. important to the utility of the final documents. Thank you Staff analysed and categorised all of these comments for your tremendous interest and feedback. and recommendations, and guide by guide, made further Kate Oxley is a Heritage Outreach Consultant for Libraries, revisions. As a result,the guides have advanced since those Arts& Heritage Services Unit/Unite des services au secteur June drafts,some of them markedly. des blbllotheques, des arts et du patrlmolne at the Ministry While we were able to incorporate numerous changes, of Heritage,Sport, Tourlsmnnffa�n('p and CultureIndustries. WINTER/HIVER 2022 1 COMMuN RrfA�f ARIO.CA CHONEWs3 4.a) Community Heritage Ontario, CHOnews, Quarterly Publication, Winter,... DESIGNATION BY-LAWS - CHANGES UNDER THE AMENDED ONTARIO HERITAGE ACT Wayne Morgan and Nancy Matthews As of July 1, 2021, specific requirements, additional main intersection. Although not required by Regulation information, and clarification are required in 385/21 for the property description,you should specify the municipal designation by-laws by section 3 of Regulation broad criteria from Regulation 9/06 and any municipal 385/21 (https://www.ontario.ca/laws/regulation/r2]385). criteria that the property meets. A description of how the No change is required to Schedule A which gives the property meets those criteria is provided in the Statement address and legal description of the property. of Cultural Heritage Value, which follows. The regulation This article examines the impact of changes on now permits the inclusion of a map, sketch or site plan in Schedule B (described as 'Reasons for Designation' or the property description. This is not required if a detailed 'Statement of Significance'). Designation by-law 125-2018 property location description in words has been provided. for the Carnegie Library in the village of Durham in the In this case,a detailed word description is provided. municipality of West Grey is used to illustrate the impact of the amended OHA and how a property description, Statement of Cultural Heritage Value statement of cultural heritage value and list of heritage Design Value: The Durham Carnegie Free Library is a attributes should look after July 1, 2021. The original text is well preserved, representative example of a stone and italicized and the inserted changes are underlined. brick, Beaux-Arts Classical Revival style, institutional building in the community of Durham. Associative Value: Association with international organization - It was constructed for the municipality of the Town of Durham in response to a $8,000 grant from the Carnegie Foundation for the construction of a free, public library. The Foundation, founded in 7905, is a philanthropic organization established by the American industrialist, - Andrew Carnegie, which, in the early twentieth century, provided grants to municipalities in the English- speaking world for the construction of free public libraries to furtherCarnegie's belief ofa societygoverned by meritocracy through self-education. Carnegie Library in Durham. (W. Morgan) Association with architect - The Building was designed by the Guelph Architect William Austin Mahoney(1871- Property Description 1952). It was constructed by Hugh McDonald (masonry) The property at 240 Garafraxa Street North is worthy and George Kress (carpentry) on land that had been donated to the Town by a mayor, David Jackson Jr. The of designation under Part IV, Section 29 of the Ontario Library, in its original location facing east, retains the Heritage Act for its cultural heritage value and meets the criteria for municipal designation prescribed by architectural features required by the Foundation and in the Province of Ontario under the three categories of particular,James Bertram, Carnegie's secretary. y design, association and contextual values as described Association with Comm unit -The Building was used as in the Statement of Cultural Heritage Value below. the community library from its opening until 2017 Located on the west side of Garafraxa Street North, Contextual Value: north of George Street West immediately north of the Supporting area character - The Library, located Knox United Church in the community of Durham, immediately north of the Knox United (originally the Durham Carnegie Free Library, built 1911 to 1912, is Presbyterian) Church, contributes to, and has a strong a 1 storey institutional building constructed as an area visual presence on,thestreetscape of this predominantly library and meeting room. residential area just north of the commercial core of Durham. Little descriptive change is required. Regulation 385/21 requires the municipal address and general description of Regulation 385/21 requires a "statement explaining the the property location such as a neighborhood or nearest cultural heritagevalue or interest of the property"and"must 4 CHONEWS I COMM UNITYHERITAGEONTARIO.CA I WINTER/HIVER 2022 Page 10 of 21 identifywhichof4the2�r;Com ouniity g raa 9/Ontario, eguQtg Vq/ _qu grteelythPp,yhie dtsCcn�tlWio h'e met.Although the pre-July],2021,by-law generally included heritage of the property must explain how each heritage such information, it was not specific enough.Therefore,this attribute contributes to the cultural heritage value or interest section has required a slight reorganization and insertion of of the property". In the post July 1, 2021, version of the by- the relevant criteria headings from Regulation 9/06, prior to law, this has been achieved by providing an introductory the description of how the property meets those criteria. sentence to the list of heritage attributes stating that each of the following attributes of the property are associated Statement of Heritage Attributes with a particular heritage value, in this case, the design Each exterior heritage attribute of the property 240 and associative values of the property. (The original list of Carafraxa Street North listed below is indicative of the heritage attributes was reduced for this article.) design value (architectural style) and is associated with the original design of the architect W.A. Mahoney Summary who had to meet the requirements of the Carnegie It is possible to meet the requirements of the amended Foundation: OHA without too many changes to the way in which we The 1-storey institutional building on a raised drafted designation by-laws prior to July 1,2021. However, it basement does require some work in linking the various components The scale, form, height, and massing of this square of the by-law to the cultural heritage values of the property. building on a rectangular-shaped lot An educational session re changes to the OHA will The broken coursed, cut limestone basement and definitely be on the agenda for the upcoming Ontario the red brick clad first floor;the latter with banding on Heritage Conference June 16-18,in Brockville. the principal(east) elevation Wayne Morgan and Nancy Matthews are board members The low pitched, black asphalt shingled, hip roof for CHOIRCO. with its projecting, plain wood clad eaves on the main building on the portico Etc. ONTARIO VERNACULAR NOTEBOOK: SNAKE RAIL FENCE GEORGE DUNCAN The snake rail fence was once a common feature of Ontario's agricultural landscape. In his book, Fences, illustrated by C.W.Jefferys, published by the Ryerson Press in 1958,author Harry Symons wrote: y ' r "One of Canada's most picturesque institutions, the snake fence was and still is, widely known in the United States as well. It has been suggested that it originated in Virginia, but no definite evidence supports this theory." According to Symons,there were several variations of the ,, snake rail fence, made with poles of black ash, hickory, oak Tumbled-down remnants of an old snake rail fence and pine, or with split rails of white cedar. It was popular in the Rouge National Urban Park. (G. Duncan,2021) for its adaptability to be constructed in various types of terrain. Over time, many examples have been replaced by Rouge National Urban Park in the early spring of 2021, 1 post and wire fencing that is easier to maintain and takes spotted some remnants of very old snake rail fences that up less space. Old cedar rails salvaged from these fences follow the property lines of some historic farm lots. The have been recycled for years to become rustic accents to snake rail fences are interwoven into hedgerows of young the landscaping of suburban homes. It is remarkable how trees and entangled in the brush that has grown up around long these split cedar rails will last. them.Some sections are almost completely tumbled down While walking the trails of the northern section of the and are sureto disappear.They ppare ��transient remnants ofthe UR9 WINTER/HIVER20221comI 1(iEAITM(ZIARIo.cAICHONEWS5 4.a) , tari.o CFOnews Qurter,�r Publicati.o� W nter ... nln6teen h century'agrlcu ura ndscape, malny�islb�e In ' E thewinterand earlyspring before the trees come into leaffor the season. I discovered one large section of snake rail fence alongthe northern boundary of a woodlot which was quite Y intact in places. It is eight rails high where complete and braced with avertical postwherethe rails intersect.Looking by - at this farm fence, which in my estimation dated from the _ R 1860s,made me think of bird's eye view illustrations of farms depicted in the county atlases of the 1870s and 1880s. George Duncan is a former Senior Heritage Planner with 5 the City of Markham. t An intact section of the same snake rail fence,eight rails high. (G. Duncan,2021) REMNANT OF A TALLGRASS PRAIRIE JOAN KELLY _k F ' R i. � 4 3 N" r'• t w• y t - •.� In our township of Alnwick/Haldimand which lies We asked our local representative from Nature between the shores of Rice Lake and Lake Ontario in Conservancy of Canada to advise and conduct an inventory. Northumberland County,the once abandoned cemetery of They have been pleasantly pleased with the results. They the Russ Creek Settlement on Dunbar Road is welcoming have scattered seeds of blue lupine as well, in hopes that it back a variety of rare wildflowers and tall prairie grasses. will also make a return. They are similar to examples found in the rehabilitation efforts of nearby Alderville First Nations and the Red Cloud Allowing the return of tall prairie grasses, and rare cemetery north of Castleton. wildflowers... For the last 20 years or so, the grass had been regularly Not only have the settlers' burial grounds been restored mowed in this cemetery,which is a small uncultivated piece with at least forty-four monuments being recovered and of the Rice Lake Plains. repaired over the years-, but the land too,is being allowed to In 2019, our municipal heritage committee agreed to reveal its legacy. present a recommendation to our township council to Indian grass, Big Bluestem, woodland lily and hairy consider a change in direction and cease grass cutting beardtongue are just a few of the varieties now appearing in order to observe possible dormant roots and seeds re- throughout the growing season emerging. We were fortunate that approval was granted Joan Kelly has volunteered on the Township of,41nwick/ and Parks and Recreation has not cut the grass there for the Haldimand MHC for the past 11 years. Photography by Joan last three seasons. Kelly. 6 CHONEWS I COM MUN ITYHERITAGEONTARIO.CA I WINTER HIVER 2022 Page 12 of 21 4.a) Community Heritage Ontario, CHOnews, Quarterly Publication, Winter,... WHAT'S UP (OR DOWN) WITH DEMOLITION VS. ALTERATION PAUL R. KING The recent amendments to the Ontario Heritage Act between demolition and alteration [see page 3-24 of the (OHA) and regulations became effective as of July1, City'sOfficial Plan]. "Demolition"isdefined as"thecomplete 2021,so under the new provisions is there a clear distinction destruction ofa heritage structure and propertyfrom itssite, between demolition vs alteration? I would argue no. Even including the disassembly of structures and properties on with this lack of clarity, does it matter? I would argue that the Heritage Registerforthe purpose of reassemblyat a later sometimes it matters and sometimes not.The fact that there date".Anything short of complete destruction and removal were concerns with the distinction is evidenced by further is an alteration. "Alteration" is defined as "any change to a proposed, but unproclaimed (possibly never proclaimed), property on the Heritage Register in any manner including amendments (Unproclaimed Amendments) to the OHA its restoration,renovation,repair or disturbance,or change, which might have partly addressed the problems. Just a demolition or removal of an adjacent property that may warning: if you continue to read this article, be prepared to result in any change to a property on the Heritage Register". be confused. "Any change" could logically include complete destruction There is no definition of"demolish" or "demolition" in the but this is clearly not the case in the City of Toronto Official OHA (and this has been the case with all previous versions Plan definitions. Demolition involves complete destruction of the OHA). I find this rather odd given that the only and removal whereas alteration is any change as long as the restriction affecting a property owner of a non-designated structure stays put.The wording in the OHA lacks this clarity. property listed on a municipal register of heritage The definition of"alter" and "alteration" in section 1 of the properties is that the owner must give notice of demolition OHA is:"'alter'means to change in anymannerand includes to the municipal council. There is no such requirement for to restore, renovate, repair or disturb and 'alteration' has an alteration no matter how extensive that alteration may a corresponding meaning". Including the word "disturb" be. Even though there is no definition of demolition in in the definition might seem to be rather curious, but it the OHA (and whenever this word is used the reference is makes sense with respect to archeological sites. Using the never clarified), but it seems to be the case that demolition word "includes" means that the definition goes beyond means the complete destruction of a building or structure restoration, renovation, repair and disturbance. So how and not partial destruction.So is partial destruction just an broad is the meaning of "alter'? Suppose you completely alteration? demolish a building. Isn't that a "change in any manner'? I There is a definition of "demolish" in subsection 1(1) the wonder why there are two concepts.Would it not be simpler Ontario Building Code Act:"to do anything in the removal of to use one of the concepts(e.g.,alteration) and forget about a building or any material part thereof and'demolition'hasa having demolition as a stand-alone undefined concept? corresponding meaning".This definition, however, does not Does it matter that there is no clear distinction between apply to the provisions of the OHA.The intent of the building demolition and alteration in the OHA?Well,sometimes yes code is to regulate standards for public health and safety, and sometimes no. fire protection, structural sufficiency, energy conservation, If you haven't given up yet, let's examine the situation water conservation, environmental integrity and barrier- with: (i) properties in heritage conservation districts free accessibility of buildings, but not to regulate heritage designated under Part V of the OHA, (ii) properties matters, which of course are regulated by the OHA. If a individually designated under Part IV of the OHA; and (iii) building is being demolished in whole or in part, a permit non-designated properties listed on municipal registers of from the municipality's chief building official is required so heritage properties. that there is compliance with the building code.A heritage permit is a separate matter and is not required in every Part V Designations(Heritage Conservation Districts) circumstance.One of the Unproclaimed Amendments does Section 42 of the OHA restricts all alterations and not define"demolition" but it does attempt to make it clear demolitions unless a heritage permit is obtained,so I don't that with respect to certain specific sections of the OHA, think there is a problem with Part V designations. This, of "alteration" is not "demolition" and, by logical inference, I course,only relates to the exteriors of buildings or structures think that"demolition" might mean all or part of a building because Part V designations do not protect interiors.Section or structure, but this is not entirely clear.Are you confused 42(1) currently states: yet? The City of Toronto has a different approach. The City's 42(1) No owner of property situated in a heritage Official Plan definitions clearly establish the difference conservation district �thatt has been designated by a WINTER/HIVER 2022 I comI URI91(F El�A�f gtRIo.cA I CHONEws 7 municipality undertflis—Pia'rf's�haTfcfot ny trhegl o tath0'faCade�snone�Sdrk ya teel#raPonbfhe atlge6 tweeter,... unless the owner obtains a permit from the municipality bars in the first floor windows, and the wooden frames of to do so: sash windows on higher floors.Also,there is no mention of 1.Alter...any part of the property,other than the interior this large three storey building as a complete entity. Such of any structure or building on the property. incomplete designation statements are quite common. 2. Erect, demolish or remove any building or structure OHA regulations 9/06 and 385/21 require more complete on the property.... descriptions of heritage attributes so, going forward, new designation descriptions in by-laws shouldn't have the A heritage permit is always required in a heritage same shortcomings. conservation district unless the alteration is minor as The relevant sections of the OHA are as follows: specifically stipulated in the heritage conservation district plan. One of the Unproclaimed Amendments 33(1) No owner of property designated under section is perhaps more explicit but I would argue that it is not 29 shall alter the property... if the alteration is likely to necessary because all possibilities are already covered.The affect the property's heritage attributes, as set out in Unproclaimed Amendments are: the description of the property's heritage attributes in the [designation] by-law..., unless the owner applies to 42(1) No owner of property situated in a heritage the council of the municipality in which the property is conservation district that has been designated by a situate and receives consent in writing to the alteration. municipality under this Part shall do anyof the following, unless the owner obtains a permit from the municipality 34(1) No owner of property designated under section to do so: 29 shall do either of the following, unless the owner 1.Alter any part of the property,other than the interior of applies to the council of the municipality in which the any structure or building on the property property is situate and receives consent in writing to the 2..... demolition or removal: 3. Demolish or remove ... any attribute of the property 1. Demolish or remove... any of the property's heritage if the demolition or removal would affect a heritage attributes,asset outin the description of the property's attribute described in the heritage conservation heritage attributes in the[designation] by-law district plan that was adopted for the heritage 2. Demolish or remove a building or structure on the conservation district.... property..., whether or not the demolition or removal 4. Demolish or remove a building or structure on the would affect the property's heritage attributes, as property..., whether or not the demolition or removal set out in the description of the property's heritage would affect a heritage attribute described in the attributes in the[designation] by-law heritage conservation district plan that was adopted for the heritage conservation district.... Regardless of whether it is classified as an alteration or a demolition, I would argue that an owner needs municipal Is clause 4 above referring to a partial demolition of a council consent, but with two exceptions: Firstly, a consent building or perhaps to complete demolition of a building for an alteration is only required "if the alteration is likely that has no heritage attributes (and hence no heritage to affect the property's heritage attributes, as set out in attributes are affected)?There is no clarity here. the description of the property's heritage attributes in the [designation] by-law". It is critical that there is a clear Part IV Designations(Individual Designations)_ description of those heritage attributes in the designation If a proposed change to a building or structure does not by-lawfailing which consent is not required for an alteration. affect heritage attributes mentioned in a designation by- By the way, what does "affect" mean? Can it be a positive law,there may be a problem.Given the wording in the OHA, result as well as a negative result? More to ponder.Secondly, it is critically important in designation by-laws to have clear if: (i) a demolition does not involve heritage attributes and precise descriptions of heritage attributes. When this specifically described in the designation by-law, and (ii) is lacking, as is the case with some older vaguely-worded the demolition is not a complete demolition of a building designation by-laws, there is a problem. For example, here or structure, then it can be argued that municipal council is an example from the early 1980s: Built in 1868 as a retail consent is not required. Of course,then you are faced with store, with its segmental arches (above the windows and a question of the difference between a "building" and a their finely finished voussoirs and projecting keystones) "structure", both of which are not defined. Can a structure gives the Italianate flavour to this structure. In this example, be part of a building (such as a porch) or is a structure there is no mention of additional heritage attributes such as completely separate from a building (such as a stone wall)? 8 CHONEWS I COMM UNITYHERITAGEONTARIO.CA I WINTER HIVER 2022 Page 14 of 21 Winfizir Even more to poncref.lY��mc6c of clafity isH2 ht 2d ntaei�,,PNd nwe 2yVen'dQ up being the subject of a court case or maybe an Ontario Land Tribunal hearing. ADVERTISE IN CHOnews! Non-designated Properties Listed on Municipal Re_isc� tern Reach a province-wide readership With respect to non-designated properties listed on a Municipal Register as composed of all Municipal Heritage permitted by Section 27(3)ofthe OHA,doesthe distinction between an alteration Committee members, heritage and a demolition really matter? I would argue yes. societies, municipal officials, and heritage-conscious individuals! 27(3) ...the register may include property that has not been designated under this Part but that the council of the municipality believes to be of cultural DISPLAY ADS must be supplied in heritage value or interest and shall contain, with respect to such property, camera-ready tiff or pdf format. a description of the property that is sufficient to readily ascertain the CLASSIFIED ADS are $12.00 per property column inch. Location of ads is at the discretion Note that the register only needs to include minimal information such as the of the Editor.Cost is per issue: municipal address of the property. Fortunately, many municipalities diligently include further information so that there is at least a clue about the cultural Full Page $300 heritage value or interest in the property.Also,clause 27(6)1 of the OHA includes Half Page $150 a new provision requiring advance notice to the property owner setting out "A Third Page $100 statement explaining why the council of the municipality believes the property to be of cultural heritage value or interest". The property owner then has an Quarter Page $75 opportunity to object to the listing. One Sixth Page $50 There is required notice to municipal council with respect to demolition but not Business Card $25 with respect to alteration.Section 27(9) of the OHA states: Contact Pick Schofield 27(9) If a property that has not been designated under this Part has been 416.282.2710 included in the register under subsection (3), the owner of the property shall schofield(acommunityheritageontario.ca not demolish or remove a building or structure on the property... unless the owner gives the council of the municipality at least 60 days notice in writing of the owner's intention to demolish or remove the building or structure.... This wording seems to mean that notice to municipal council is only required in the case of complete demolition of building or structure.Anything short of that could be interpreted to mean that notice to municipal council is not required. Of course, as mentioned above, there is no clarity about whether a structure is * �, stand-alone or could be part of building. Furthermore,section 27(3) of the OHA does not mention alterations so a property owner can carry out extensive and X Conference. damaging alterations short of complete demolition without notifying municipal council even if the demolition includes potential heritage attributes. It appears to Explore me that the protection of listed properties is murky and quite limited. of * r Are you confused yet? Maybe exasperated? In summary, I think there is a lack of clarity in the OHA,but municipal heritage committees and municipal heritage and its many hamlets." staff have an opportunity to somewhat address the problem. When drafting statements for new designated properties or for amending existing designation h.Juring your stay-' by-laws, it is critically important to be clear, specific, detailed and all-inclusive when describing heritage attributes.Also, paying attention to the requirements in regulation 9/06 and new regulation 385/21 is a must. Although a daunting task, it would be an extremely beneficial undertaking for municipal heritage 4 committees and municipal heritage staff to review and,if necessary,amend and update existing designation statements. ,io Paul R. King is a past board member of CHO/PCO. v 1Nww.a ktwp.c+a WINTER/HIVER 2022 I COMMU999EV'5A9E91ARI0.CA I CHONEWs 9 4.a) Community Heritage Ontario, CHOnews, Quarterly Publication, Winter,... THE COX ESTATE BARN RESTORATION SUSAN SCHAPPERT Located on Oakville's historic Lakeshore Road,the Cox Windows were restored by repairs or replacement of the Estate Barn at 1399 Lakeshore Road East is designated wood muntins as required,missing or cracked windowpanes under s.29, Part IV of the Ontario Heritage Act.The original were replaced with new wavy glass from a local supplier. designation by-law from 1990 was updated in 2017 and The exterior board and batten cladding was repaired where describes the small barn located to the rear of the residence rot and damage had occurred with wood milled on site as the property's main heritage attribute. to match. The surface was cleaned and repainted, leaving In 1913, Herbert Coplin Cox purchased the property at the patina of the older layer in place. The doors- both the 1399 Lakeshore Road East from James Ryrie. Both men had man door and the barn doors- required significant repair, significant estates in Oakville that took up sizable portions reusing historic materials where possible and milling new of land on the south side of Lakeshore Road, east of the wood when required. Sills and floors were re-leveled and downtown commercial area. James Ryrie, President of set and a new eaves trough was installed to prevent future Kyrie Bros.Jewelry of Toronto, built the Edgemere Estate at water damage. The historic pulley system to the hay loft 1502 Lakeshore Road East. Herbert Cox, the President and was restored and a hook procured from a historic salvage General Manager of the Canada Life Assurance Company company. The new weathervane installed on the roof pays had his large summer home,known as Ennisclai re,just west homage to the building's history. of the Edgemere Estate. The purchase of 1399 Lakeshore Road East by the Cox family was a means to expand their own grand estate, inclusive of providing additional stables and associated structures for their horses and to provide housing for their stable manager and his family. The barn at 1399 Lakeshore Road East is the last remnant ' of the Cox Estate stables.The property remained in the Cox family until 1988.Sheltered from the road by the house and 1 mature trees,the barn is a unique reminder of the lifestyle III l all and pastimes of the wealthy landowners of Lakeshore Road ®on { III in Oakville in the earlyto mid-twentieth century. 1 While the barn is no longer used for livestock, the _ #' structure has remained largely untouched with the horse stalls intact within. During the 1990s and 2000s,the house South elevation (above) and west elevation (below). on the property was subjected to substantial renovations, but the barn remained neglected. In 2021, the new owner, - •�� Stefan Konasiewicz,applied fora heritage grant through the Town of Oakville and tackled the restoration of this unique structure.With the assistance of Luciano Maiatico,owner of La Petite Maison,the barn has been carefully restored with . great attention to small historic details. The main floor plan for the barn has three horse stalls, a g garage for carriages and or sleighs,a feed or tack room and a mechanical room with a square footage footprint of 2079 square feet.The second floor is the same area and was used to store hay for the animals. One bail trap door to drop the feed down is located above the stable area in front of the stalls and an access trap door with a ladder is located at the south end, in the feed room whereby ranch hands could access the second floor. This historic layout remains intact The interior of the barn was also restored and repaired to today. The exterior of the barn features small paned sash prevent further decay. The horse stalls remain in situ and windows, painted board and batten walls and sliding barn historic hardware was sourced for replacement where it had doors on the west elevation.Both the interior and exterior of gone missing.The stairs to the hay loft were rebuilt and the the building required significant repair. brick chimney base stabilized. The cedar flooring and roof 10 CHONEWS I COMMUNITYHERITAGEONTARIO.CA I WINTER HIVER 2022 Page 16 of 21 a) Community Herita e rio II118 Interior stable and horse stalls. Interior attic space. boards of the hay loft were cleaned and sealed. appreciates the efforts of heritage property owners who The attention to detail in the restoration of the barn is a take the extra step to conserve the cultural heritage gems stellar example of heritage conservation and respect for of our community. historic materials and methods. Owner Stefan Konasiewicz Susan Schappert is a Heritage Planner for the Town of assisted with the hands-on restoration work and contractor Oakville. Photographs are courtesy of the Town of Oakville, Luciano Maiatico's respect for the history of the barn is with credit to information from the Oakville Historical evident in the conservation of this unique structure. While Society,Steven Burgess Architects,and Luciano Malatico. the Heritage Grant Program was only able to cover a portion of the restoration costs,the Town of Oakville greatly MEMBEPSHIP PENEWAL is DUE The membership form is available at https://communityheritageontario.ca/membership Fees may be •_ • using PayPal or NEWS FROM THE BOARD OF DIRECTORS RICK SCHORELD Due to the pandemic restrictions,the Board continues At the January Board meeting, the Board discussed the to meet virtually,via Zoom. In November, the Board progress being made on the program forthe 2022 Brockville reviewed the financial statement for 2021 and approved area conference in June and agreed to continue forward in the report to be forwarded to our auditor. Board members the beliefthat any remaining Covid issueswould be resolved agreed to provide some financial assistance to small, rural and permit the conference to be held as planned.The Board MHCs who do not have funding to send a delegate to the ruled out the possibility of holding the conference virtually conference due to the cost of travel. In addition,the Board but did notethat all those attending the conference must be approved a project to hire a consultantto conduct a detailed fully vaccinated.A budget for 2022 was reviewed, adjusted study on residential insurance rates as they affect heritage and approved. After reviewing the RFP sent out following properties. Funding was also budgeted for the conference the November meeting, the Board approved the hiring attendance of qualified speakers who will speak specifically of ARA Consultants to conduct the survey of residential on the amendments to the Ontario Heritage Act.The Board property insurance as it affects heritage properties. is grateful to the support it receives from the Ministry of Rick Schofield is the Corporate Secretary/Treasurer of Heritage, Sport, Tourism and Culture Industries, in order CHO/PCO. to help conduct our regular business as much as possible during these unusual times. Pa 7 (�f WINTER/HIVER2022 I COMOJM(�VpHE�ITAGE�)ARIO.CA I CH ONEWs11 4-a) Community Weritage Ontario, CHOnews, Quarterly PubliGation, 4nt r,... CHO/PCO MISSION STATEMENT To encourage the development of municipally appointed heritage advisory committees and to further the identification, preservation, interpretation, and wise use of community heritage locally, provincially, and nationally. 2021-2022 BOARD OF DIRECTORS EXECUTIVE COMMITTEE DIRECTORS President Matthew Gregor Wayne Morgan Scarborough 647.204.7719 Sutton West 905.722.5398 matthewgregorE communityheritageontario.ca waynemoraan(acommunityheritaaeontario.ca Regan Hutcheson Markham 905.477.7000 Ext.2080 Vice-Presidents reaanhutcheson(a communitvheritaaeontario.ca Tracy Gayda Nancy Matthews Toledo 613.275.2117 Grey Highlands 519.924.3165 tracygaydaE communityheritageontario.ca nancymatthews&communityheritaaeontario.ca Ginette Guy Wes Kinghorn Cornwall 613.935.4744 London 519.858.1900 ainetteguv(acommunitvheritaaeontario.ca weskinghorna communityheritageontario.ca Chair of Finance Corporate Secretary/Treasurer Terry Fegarty Rick Schofield Waubaushenen 705.538.1585 Scarborough 416.282.2710 terryfeaartyE communityheritageontario.ca schofield(ctcommunityheritacieontario.ca Program Officer Ginette Guy BOARD MEETINGS ARTICLE DEADLINES CHO/PCO Board of Directors meetings are JANUARY 10 open to any MHC member. Meetings will MARCH 10 be held virtually until further notice. Please JUNE 10 contact the Corporate Secretary if you OCTOBER 10 wish to attend. Article submissions are always welcome. DISCLAIMER The content of CHOnews does not contain nor reflect any opinion, position, or influence of the CHO/PCO Board of Directors or the Editor of CHOnews. Submissions received for publication in CHOnews are changed only for the purposes of legibility and accuracy to the extent that can be readily determined. 12 CHONEWS I COMMUNITYHERITAGEONTARIO.CA I WINTER/HIVER2022 Page 18 of 21 5.a) Catherine McCarroll, Intermediate Planner re: Collingwood Connectio... NEWS John Edwards, Collingwood Connection Wednesday, November 17, 2021 `They should be ashamed': Collingwood couple feels they're being scapegoated for `broken' heritage process Couple insists they were unaware exterior work was against rules A Collingwood family believes they're being made the scapegoat for what they call a "broken" process within the town's heritage district. Several months after painting the bricks on their home on Fourth Street, Jesse Hamilton and his wife will have to do it again. At its Nov. 15 meeting, council upheld a heritage committee ruling that will force the family to remove the paint from the home. Hamilton said the latest estimate they received for the work was about $30,000, but they plan to get others. "They also made abundantly clear ... that part of their plan to tidy things up a bit was also to make a public example of our family and to burden us with the costs of removing the paint," he said. "We owned up to our mistake immediately, but we were misinformed and mistreated by the town through every step of the process. They should be ashamed of themselves." The couple bought the home several months ago so their daughter could be closer to school. They painted the house white, but it is located in the heritage district and that comes with a different set of rules. Bylaw officers informed the couple they were in violation for doing work without a permit. They called the town's planning department and were told to retroactively submit a heritage permit for the painting. Hamilton said they were never told to stop painting, as the town does not have the authority to issue a stop-work order on heritage permits like they do with building permits. He said their home is not a designated heritage home and they didn't know they were violating any rules. They painted the house white to match others in the downtown core and said they don't believe the bricks on their home to be original. Hamilton said they made a mistake and "did not attempt to circumvent rules we did not like." In a presentation to council, he said they were not told by their real estate agent or lawyer of the rules of the heritage district, nor were they "contacted by the committee or the town to educate us." The couple made their plea to the heritage committee, where they said they felt "attacked," including "raised voices" and a feeling from the committee members that they "acted purposefully in ignoring the rules." Coun. Yvonne Hamlin said there are some "flaws" in the system, including the lack of information provided to people who purchase a home in the district. Town staff were directed to work with local realtors to provide such information. Page 19 of 21 5.a) Catherine McCarroll, Intermediate Planner re: Collingwood Connectio... "I'm very disappointed with how this has all unfolded," Hamlin said, pointing to how Hamilton felt he was treated at the heritage committee. She suggested putting a councillor on the committee to ensure everyone was treated as they are at council meetings. Coun. Mariane McLeod said three similar situations have come before council recently, and they essentially said "let the buyer beware." "I am a big fan of consistency. Although my heart is sad for this family, there has to be some responsibility for purchasing," she said. Hamilton said he's disappointed with the decision made by council, especially when the inconsistencies in the process were outlined. Coun. Deb Doherty put forward a notice of motion calling for a bylaw that would allow stop-work orders for heritage permits. Sign Up John Edwards is a reporter at The Connection, covering Collingwood and The Blue Mountains You can reach him at jedwards@simcoe.com . Follow him on Twitter and follow Simcoe.com on Facebook Tags- Local News, Politics, Council, News 112 Fourth Street After e s x I11A Page 20 of 21 5.b) Catherine McCarroll, Intermediate Planner re, Rugby Cemetery Update... Verbal Matters �— (Section 13.3 of Township's Procedural By-Law No. 2017-165) Proud Heritage,Exciting Future Name: Catherine McCarroll, Intermediate Planner Item Number/Name: 5b) Rugby Cemetery Update Meeting Date: Monday, March 21, 2022 Motion No.: HC220321-5 Type of Meeting: ❑ Council ❑ Special Council ❑ Development Services Committee ❑ Accessibility Advisory Committee �X Heritage Committee ❑ Human Resources Committee Speaking Notes: An update was provided by staff with respect to the research and investigation to date on the boundaries of the Rugby Cemetery in coordination with the Bereavement Authority of Ontario (BAO), Ontario Ancestors (Simcoe County Branch) and the Registry Office. Staff indicated that this matter would continue to come back to a future Heritage Committee meeting. 3/23/22 Page 21 of 21