HomeMy WebLinkAboutCLD-001-06
CJNh1gron
REPORT
CLERK'S DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: February 6, 2006
Report #: CLD-001-06
File #:
Bl~ #: .
6 --{)4b'06
Subject:
INTENTION TO DESIGNATE 483 KING AVENUE EAST, NEWCASTLE
VILLAGE AS A HERITAGE PROPERTY (THE WALLBRIDGE HOUSE)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-001-06 be received;
2. THAT the notice of objection served on the Municipal Clerk under Section 29. (5) of the
Ontario Heritage Act be referred to the Review Board for a hearing and report; and
3. THAT Aird & Berlis and Dunbury Homes be advised of Council's decision.
Submitted by:
Reviewed by: 2:) ~-~
Franklin Wu,
Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-001-06
PAGE 20f3
BACKGROUND AND COMMENT
At the Council meeting held on December 12, 2005, Council considered the matter of
designating the Wallbridge House, 483 King Avenue East, Newcastle Village as a property of
cultural heritage value or interest and passed the following resolution:
"WHEREAS the Ontario Heritage Trust considers the Wallbridge House to be of
provincial cultural heritage value in its present location;
AND WHEREAS the Clarington LACAC and the Newcastle Village and District
Historical Society consider the Wallbridge House to be of cultural heritage value;
AND WHEREAS the property owner has indicated that they are willing to donate the
building to the Municipality, or are willing to sell the property to the Municipality, and are
proposing to obtain a demolition permit if the building is not moved or the property is not
sold;
AND WHEREAS initiation of the heritage designation process under the Ontario
Heritage Act will allow time for negotiation with the developer;
NOW THEREOFRE BE IT RESOLVED that the Council of the Municipality of Clarington
authorizes the Clerk to prepare the notice of intention to designate pursuant to the
provisions of the Ontario Heritage Act and report back to Council following the
prescribed notification period;
AND FURHTER that Planning staff be directed to prepare a feasibility study for
municipal use of the Wallbridge House and consult with the stakeholder groups and
interested parties and report back to Council."
In accordance with the above resolution and the requirements of the Act, a Notice of Intention
to Designate was served on the owner of the property and on the Ontario Heritage Trust and
was published in the local newspapers. The Notice of Intention advised that any person could
deliver to the Municipal Clerk a notice of his or her objection to the proposed designation by
January 20, 2006. In response to the Notice of Intention to Designate, Aird & Berlis have filed
a notice of objection on behalf of their clients, Dunbury Homes and Clarnew Developments
Limited. A copy of the Notice of Intention to Designate together with a copy of the notice of
objection is attached as Schedule A.
Section 29. (7) of the Act states that where a notice of objection has been served, the council
shall refer the matter to the Review Board for a hearing and report. The Review Board will
then hold a hearing which is open to the public to determine whether the property should be
designated. Within thirty days after the conclusion of a hearing, the Review Board makes a
report to the council setting out its findings of fact, its recommendations as to whether or not
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-001-06
PAGE 3 of 3
the property should be designated and any information or knowledge used by it in reaching its
recommendations. After considering the report of the Review Board, council will either
designate the property or withdraw the Notice of Intention to Designate.
As the notice of objection was received by the Municipal Clerk within the timeframe specified in
the Ontario Heritage Act, it is respectfully recommended that the notice of objection be
forwarded to the Review Board, in accordance with the Act.
ATTACHMENT:
Schedule A Intention to Designate
Interested parties to be advised of Council's decision:
Review Board, Ontario Heritage Trust
Aird & Berlis
Dunbury Homes
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
Schedule A
IN THE MATTER OF THE ONTARIO HERITAGE ACT,
R.S.O. 1990, CHAPTER 0.18
AND IN THE MATTER OF THE LANDS AND PREMISES
KNOWN MUNICIPALLY AS 483 KING AVENUE, PART LOT 26,
CONCESSION 1, FORMER VILLAGE OF NEWCASTLE
NOW IN THE MUNICIPALITY OF CLARINGTON '
NOTICE OF INTENTION TO DESIGNATE
Take Notice that the Council of the Corporation of the Municipality of Clarington intends to
designate the property, including the lands and buildings located at 483 King Avenue, Part
Lot 26, Concession 1, Former Village of Newcastle, now in the Municipality of Clarington, as
a property of architectural and historical value under Part IV of the Ontario Heritage Act,
R.S.O. 1990, Chapter 0.18.
REASONS FOR PROPOSED DESIGNATION
The Wall bridge House is located on property that was originally part of a 600 acre parcel
which began at Concession Road 3 extending southward to Metcalfe Street. In 1792 the land
was a Crown Grant to Rachel Cruickshank who apparently was a close personal friend of
Mrs. John Simcoe Graves. In 1816 she sold the land to Asa E. Wall bridge for $1200 and the
house was built in 1819. The Wallbridge House was a very large home for its time and had a
total of six fireplaces.
Asa E. Wallbridge was born 1782 in Dutchess County, New York State. In 1809 he married
Hannah Every and they had five children. He was appointed a magistrate by the Province,
however, this may be a Justice of the Peace. In March of 1838, the Bond Head Harbour
Company received its charter and one of the founding Directors was Asa E. Wall bridge. Asa
E. died in1860 in Newcastle Village.
Starting in 1805, the Methodists had what were called Saddlebag Preachers and the Smith's
Creek Circuit stretched from Belleville to York (Toronto). In 1824 a second preacher named
Rev. Anson Green was added to the circuit. On November 4th he preached the first
Methodist sermon at Asa E. Wall bridge's house on the main road. Thus, a Methodist
congregation was officially founded in the Wall bridge House. In November of 1974, the 150th
anniversary of Methodism in Newcastle was celebrated and the opening ceremonies took
place at the home. From 1950 to 1958 this house was known as the Gladibrae Tourist
Home, a bed and breakfast owned and operated by Harry and Louise Jose. Descendents of
the Wall bridge family continued to reside in this home until 1987 when it was sold to a
developer.
The house is a one and a half storey, five panel front, Georgian style home which exhibits a
profile and arrangement of exterior features favoured in the earlier decades of the 19th
century. The original clapboard siding has been covered with aluminum, and the second
floor dormer is a 20th century addition. The original six over six, four over four, and three
over one windows remain. The front porch retains its six over six sidelights, its transom,
entrance door, and entablature. Interior features include the servant's staircase, window
casings, interior doors and woodwork. There are only 92 known buildings in all of Ontario
that are of this vintage. The Wall bridge House may be the second oldest house in Durham
County and may be the oldest building in Durham Region on its original foundation.
Further information respecting the proposed designation is available from the Municipality of
Clarington, 40 Temperance Street, Bowmanville, Ontario, (905) 623-3379, between the hours
of 8:00 a.m. and 5:00 p.m., Monday to Friday.
Any person may before the 20th day of January 2006 send or deliver to the Municipal Clerk of
the Municipality of Clarington, notice of his or her objection to the proposed designation,
setting out the reason for the objection and all relevant facts. When a notice of objection has
been received, the Council of the Municipality of Clarington will refer the matter to the
Conservation Review Board for a hearing and report.
Dated at the Municipality of Clarington this 21st day of December 2005.
Patti L. Barrie, A.M.C.T.
Municipal Clerk
AIRD & BERLIS LLP 2 t\ 2.32~13
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Barristers and Solicitors U
Kim M. Kovar
Direct: 416.865.7769
E-mail: kkovar@airdberlis.com
January 11, 2006
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BY FAX #905.623.6506 AND HAND DELIVERED
Patti L. Barrie, A.M.C.T.
Municipal Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L 1 C 3A6
Dear Ms. Barrie:
Re: Notice of Intention to Designate 483 King Avenue East, Newcastle Village
as a Heritage Property (the Wallbridge House)
On behalf of our clients, Dunbury Homes and Clarnew Developments Ltd., we hereby
submit a Notice of Objection to the proposed heritage designation on the subject property.
Clarnew Developments Ltd. is the registered owner of 483 King Avenue East.
We have reviewed your letter of December 14, 2005, the Council resolution and the
Notice of Intention to Designate enclosed therewith. It is apparent from the Council
resolution that Council is considering the acquisition of this property and/or the building
itself. It is also apparent that a designation under the Ontario Heritage Act, if upheld,
would serve to limit our client's options with respect to the property. Not only would the
designation allow time, as the Council resolution states, "for negotiation with the
developer", it would also affect the value of the property in question. We are concerned
that Council's decision to designate this property may have had as much to do with
preserving or enhancing its position in ongoing negotiations with our client than with the
heritage features of the property in question. In our submission, that represents an
inappropriate use of the designation power provided in the Ontario Heritage Act.
The Council resolution also states that the "Ontario Heritage Trust considers the
Wall bridge House to be of provincial cultural heritage value in its present location." That
does not appear to be the case. We have reviewed the letter dated December 6, 2005
from the Director, Heritage Programs and Operations, of the Ontario Heritage Trust to
your David Crome addressing this issue. While the Director is certainly of the view that
Wallbridge House is of historic significance with "enormous potential for adaptive reuse",
she does not state that it is of "provincial cultural heritage value" nor does she indicate any
interest on the part of the Province of Ontario in designating the property, as the Province
is entitled to do. It is clear from the Council resolution that the decision to designate the
property relied, at least in part, on an incorrect understanding that this property was of
provincial cultural heritage value.
BeE Place, 181 Bay St., Suite 1800, Box 754. Toronto, ON. M5J 2T9
T 416.865.3072 F 416.863.1515
www.airdberlis.com
January 11, 2006
Page 2
Finally, our client learned of Council's decision to propose this designation only very
recently and after the fact, and has not yet retained a heritage expert to advise in this
regard. Accordingly, we reserve the right to bring forward additional grounds in support of
this objection.
Dunbury Homes and Clarnew Developments Ltd. continue to be willing to negotiate in
good faith with the municipality in order to arrive at a fair price for this property, but object
to the proposed heritage designation for the reasons set out above.
Yours very truly,
AIRD & BERLlS LLP
~K_
Kim M. Kovar
KMK/JF/ss
cc: Shawn Goldenberg, Dunbury Homes
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AfRO [, BERLlS LLP
Barristers and Solicitors