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HomeMy WebLinkAboutPSD-054-07 Cl!Jlpn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 7, 2007 ~\Jo.,::t:tQPA-33~'0l Report #: PSD-054-07 File #: PLN 34.11.12 By-law #:Jo07-/of Subject: HERITAGE DESIGNATION THE WALBRIDGE HOUSE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-054-07 be received; 2. THAT the By-law attached to Report PSD-054-07 to designate The Walbridge House, 483 King Avenue East, Newcastle Village as a property of cultural heritage or interest be forwarded to Council; 3. THAT the Municipal Clerk be authorized to carry out all actions necessary to complete the process of property designation pursuant to the Ontario Heritage Act, RS.O. 1990, c.O.18 and detailed within Report PSD -054-07; 4. THAT a further report addressing the future uses and options for the Walbridge House be brought back to Council; and 5. THAT all interested parties be advised of Council's decision. Reviewed by: ()~~ ~, Franklin Wu, Chief Administrative Officer IL *FL *DJC*sh May 1, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: PSD-054-07 1.0 BACKGROUND PAGE 2 1.1 On December 1ih, 2005, Confidential Report PSD-149-05 was forwarded to Council for information and direction. The report addressed the property located at 483 King Avenue East and outlined the property owner's offer to donate the building to the Municipality, their offer to sell the property to the Municipality, and their intention to demolish the building if it was not moved or the property was not purchased. The report requested that Council provide staff with direction on whether to: a) pursue moving the building to another location; b) pursue purchasing the site and building from Dunbury Homes; c) pursue designation under the Ontario Heritage Act which could delay the issuance of a demolition permit; or d) issue the demolition permit when the application is received. In turn, Council passed the following resolution: "WHEREAS the Ontario Heritage Trust considers the Walbridge 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 considers the Walbridge 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 THEREFORE BE IT RESOL VED THA T 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 FURTHER that planning staff be directed to prepare a feasibility study for municipal use of the Walbridge House and consult with the stakeholders groups and interested parties and report back to Council." 1.2 The Municipal Clerk prepared the Notice of Intention to Designate and forwarded it to the owners of the property and to the Ontario Heritage Trust. The notice was published in the local newspaper on December 21St, 2005, in accordance with the provisions of the Ontario Heritage Act. The property owners filed an objection to the designation on January 11th, 2006. REPORT NO.: PSD-054-07 PAGE 3 1.3 Negotiations with the property owner did not bring about a successful conclusion. On January 29th, 2007 Council passed the following resolution: 'THAT Staff be instructed to proceed with the Conservation Review Board Hearing, and that the owner of 483 King Avenue East (Walbridge House) be informed that the Municipality will be proceeding with local heritage designation regardless of ownership of the building." 1.4 The Conservation Review Board hearing date was set for April 3rd and 4th, 2007. On March 23rd, 2007, the property owner's solicitor notified the Ministry of Culture that they were withdrawing their objection to the designation. As the objection has been withdrawn it is now appropriate that the designation process continue. The process involves: · Designation by-law being passed by Council · Publication of notice of designation in the local newspaper · Certified copy of the by-law forwarded to the Ontario Heritage Trust . By-law registered on title 1.5 The original Notice of Intention contained a statement of culture heritage value or interest prepared based on the historical information that was available at that time. Additional historical research has been conducted since the Notice was published on December 21St, 2005. The By-law contained in Attachment 1 contains an updated version of the statement of historical value or interest based on information collected by Myno Van Dyke of the Newcastle Village and District Historical Society and the Ontario Heritage Trust. 2.0 COMMENTS 2.1 The Municipality retained an architect with a specialty in heritage conservation in anticipation of the hearing. Michael McClelland is a principal of the firm ERA Architects Inc., the firm specializes in heritage conservation; prior to entering private practice he was employed as an architectural officer with the Toronto Historical Board. Michael's report confirms and verifies the information that the Municipality, with the assistance of the Newcastle Village and District Historical Society and Clarington Heritage Committee, had previously presented. In addition his report provided the following commentary: liThe Walbridge House is a rare example of a simple early Georgian House in relatively intact condition. Buildings of this period are unusual anywhere in the province and they are an important record of early Canadian history. It is my opinion that the property is worthy of designation under the Ontario Heritage Act and that the Municipality acted appropriately in undertaking the process for designation." 2.2 The Municipality, Newcastle Village and District Historical Society and Clarington Heritage Committee have all supported an application to the Ontario Heritage Trust for provincial designation. It is clear that the Province regards the property of provincial culture heritage value and interest but prefer to have the Municipality designate the REPORT NO.: PSD-054-07 PAGE 4 property rather than exercise their legislative power as they only would do so when other avenues for protection have failed. The Municipality has submitted a Freedom of Interest request to obtain the historical research that the province has compiled for our records. 2.3 It is understood that any future use of the building may require restoration and/or renovations to the original structure. Section 33 of the Ontario Heritage Act states that Council, upon consulting with the municipal Heritage Committee, is to review any alterations that are likely to affect the reasons for designation of the building, and to provide its consent in writing. For example, should a future owner want to replace the original windows, this would have to be approved by Council and the designation By-law amended accordingly. The architectural elements that are architectural reasons why the building was designated are detailed in Schedule "A" of Attachment 1. If a future owner wanted to add a deck to the building and the work would not require removal of any original features, it would only be necessary to obtain the approval of the Clarington Heritage Committee. Any alterations that will not affect the reasons for designation, such as installation of plumbing fixtures or kitchen cupboards, can be conducted at the owner's discretion in conformance with the Ontario Building Code, if applicable. 3.0 CONCLUSIONS 3.1 It is recommended that the designation By-law be PASSED by Council (Attachment 1). 3.2 It is also recommended that a further report be brought back to Council which addresses the future uses and options for the Walbridge House. Attachments: Attachment 1 - Designation By-law for the Walbridge House Interested parties to be advised of Council's decision: 1319164 Ontario Limited Sean Fraser, Ontario Heritage Trust Rita Calderone, Ministry of Culture Victor Suppan, Chair, CHC Myno Van Dyke, Leslie Wilson, NVDHS Marcia J Taggart, Aird & Berlis LLP Martha Rutherford-Conrad, Clarington Museum and Archives Peter Rumgay Michael McClellan, ERA Architects Inc. Attachment 1 To Report PSO-054-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-_ being a by-law to designate the property known for municipal purposes as 483 King Avenue East, Part 9, Plan 40R-20610, Part Lot 26, Concession 1, former Village of Newcastle, now in the Municipality of Clarington as a property of cultural heritage value or interest under the Ontario Heritage Act, R,S,O. 1990, Chapter 0.18 WHEREAS the Ontario Heritage Act, R.S,O" 1990, c,O, 18 authorizes the Council of the Municipality to enact by-laws to designate properties to be of cultural heritage value or interest for the purposes of the Act; WHEREAS the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 483 King Avenue East, Part 9, Plan 40R-20610, Part Lot 26, Concession 1, former Village of Newcastle, now in the Municipality of Clarington, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Canadian Statesman, a newspaper having general circulation in the area of the designation on December 2'15t, 2005; WHEREAS the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this By-law; WHEREAS the Clarington Heritage Committee of the Municipality of Clarington has recommended that the property known for municipal purposes as, 483 King Avenue East, Part 9, Plan 40R-2061 0, Part lot 26, Concession 1, former Village of Newcastle now in the Municipality of Clarington, be designated as a property of cultural heritage value or interest under the Ontario Heritage Act; WHEREAS the notice of objection to the proposed designation was withdrawn by the owner of the property on March 23rd, 2007; and, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1, The property known for municipal purposes at, 483 King Avenue East, Part 9, Plan 40R-2061 0, Part lot 26, Concession 1, former Village of Newcastle now in the Municipality of Clarington which is more particularly described in Schedule "B" which is attached to and forms part of this by-law, is hereby designated as a property which has cultural heritage value or interest under Section 29 of the Ontario Heritage Act, R.S,O. 1990, c,,0,18, 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Trust. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published in the Canadian Statesman, a newspaper having general circulation in the area of the designation. By-law read a first time this By-law read a second time this 14th 14th day of day of By-law read a third time and finally passed this 14th day of May May May 2007 2007 2007 Jim Abernethy, Mayor Patti l, Barrie, Municipal Clerk SCHEDULE 'A' TO BY-LAW NO. 2007- The Walbridge House is located at 483 King Avenue East in Part Lot 26, Concession 1, former Village of Newcastle. The property 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 Graves Simcoe (Elizabeth Postumus). In 1816 Rachel Cruickshank sold the land to Asa E. Wallbridge for $1200. The combined enumeration and assessment roll for Clarke Township, Archives of Ontario, indicates that Asa E. Walbridge built the house between 1825 and 1826. The Walbridge 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. Walbridge. 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. Walbridge's house on the main road. Thus, a Methodist congregation was officially founded in the Wallbridge House. In November of 1974, the 150th anniversary of Methodisim 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 Walbridge 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. It is unusually wide as its exterior dimensions are 43 feet in width by 34 feet in depth. 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, as does the original stone foundation. The ground flooring 5/4 inch pine rests on top of logs, some of which are hand hewn, which rests on the outside stone foundation and scattered inside stone pillars. There are 7" by 2" bricks on the back outer wall adjacent to the clapboard siding. The front porch retains its six over six sidelights, its transom, 39" wide entrance door, and entablature. Interior features include the servant's staircase, window casings, interior doors and woodwork, wood flooring and pole rafters. The building retains its centre chimney and there is evidence of a bread oven at its base. There are only 92 known buildings in all of Ontario that are of this vintage. The Walbridge House may be the second oldest house within the historic boundaries of the former Durham County and may be the oldest building in Clarington on its original foundation. SCHEDULE IB' TO BY-LAW 2007- ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being more particularly described as: 483 King Avenue East, Part 9, Plan 40R-2061 0, Part Lot 26, Concession 1, former Village of Newcastle now in the Municipality of Clarington