HomeMy WebLinkAboutTM-39-80 TP.1--3�J-50
i
M: His Worship the Mayor and Mernbers c f'R��ci7
FMT 1: A. C. Guiler, Town Manager
J. Dunham, Director of Public ?Yorksy
DATE: August 7th, 1950
SUBJECT: Application for encroachment
151 King Street, Bmm-nville -
Town Lot 57, Block "C" John Grant',-; Plan
- letters attached - Zubkavich. Wilbur:
19. T'ank Real Estate
In the past few years Council has dealt with several requests to allow
encroachments on road allcvarces and in all cases these requests have
been dealt with through the Public ',Yorks Committee. As there will be
no Conynittee meetings until September this matter was referred to the
Director of Public Works and the Tcmn Manager by the Clerk. In the
Clerk's letter to the Solicitor he stated that if the occasion should
arise he would endeavour to have the natter dealt with at a Special
,MR,eting of Council.
Staff have reviewed the material sunnlied in the letters and also discussed
this matter with the Tcwn Solicitor. 'Mr. Sims advised verbally that
he had reviewed the log-al case as sited in the letter signed by Mr. Wilbur
and stated that this ease covered possessing title on an unopened original
road allowance and in the case before Council for consideration the road is
not an original road allowance and, therefore, Mr. Sims advises this
particular case law would not apply to this situation. Mr. Sims suggests
that the solution to this problem would be to close a portion of Chapel
Street and convey to abutting owners.
Re(xxm)endat ion:
1. That that portion of Chapel Street more clearly defined on
Plan, file No. 50001 be closed and conveyed to the abutting
owners.
2. That all associated costs be borne by the vendor.
3. In considering the time required to legally close a road allowance
that the Solicitor be instructed to prepare a letter of undertaking
on behalf of the Corporation stating that the Town will take the
necessary action to close and convey the road allowance to resolve
the encroachment, providing, that the vendor gives an trnderta.k.i.n�-p- to
pay associated costs relative to the closing of the road allowance.
A. C. Guiler. J. Punh=
W. FRANK REAL ESTATE LIMITED
REALTOR {<
234 DING STREET EAST
BOWMANVILLE, ONTARIO, CANADA
LIC IP5 WALTER FRANK
Telephone(416)623-3393 Toronto Line(416)923-9174 President
August 2, 1980 °0 S.
Mr. Garnet Rickard
Mayor, Town of Newcastle
Town Hall
Temperance Street
Bowmanville, Ontario
Dear Mr. Rickard:
Further to our conversation of this morning, I write
to request, on behalf of my clients Neil and Pat Pringle
who are attempting to buy the house at 151 King Street
West, Bowmanville,that the Town Council look into the
problem which has arisen.
The house sits on Chapel Street. It is my opinion that
the street will never be widened. This is a lovely quiet,
secluded area of the town which is close to downtown,
The street cannot proceed in a northerly direction as
it would drop off a steep incline to the new Hwy. #2,
Please find enclosed the research material done by
Fred Cane, an architecture student who has in the past
been employed by our town as a L.A.C.A.C. student, helping
to research old buildings. Also please find a survey.
We are hoping that the town will make it possible for
Mr. and Mrs. Pringle to have clear ownership. of their land.
Please advise me if I can do something further.
Thankyou very much for your consideration,
I remain,
i
Patricia H. Irwin
c.c. Mr. and Mrs. N. Pringle
HEAD OFFICE BOWMANVILLE:BRANCH OFFICES:TORONTO,AJAX,OSHAWA,WHITBY,PICKERING,PORT HOPE,COBOURG,BRIGHTON,PICTON,BELLEVILLE,
CLAREMONT,KINGSTON,PORT PERRY,LINDSAY,BANCROFT,BARRYS BAY,LAKE ST.PETER,FENELON FALLS,BOBCAYGEON,COBOCONK.
MEMBER:INTERNATIONAL,CANADIAN,ONTARIO,TORONTO AND LOCAL REAL ESTATE BOARDS.
COAS 110 COAS I REAL ESTATE SERVICE
COP-')RATION OF THE TOWN OF NEW -ASTLE
101�-' OFFICE OF THE TOWN CLERK
' TELEPHONE 623-3379
40 TEMPE RANCE STREET
BOWMANVILLE, ONTARIO
L1C3A6
August 1 1980
Mr. James T. Wilbur
Zabkavich, Wilbur
P. 0. Box 2307
16 Lloyd Street
Oshawa, Ontario LIH 7V5
Dear Mr.Wilbur:
Re: Pringle purchase frcxnn McLLnald
151 King Street,Bovmnville
Town Lot 57, Bl "C" John Grant's Plan
Newcastle
Thank you for your letter dated July 30 1980.
I am s�eferring your letter to the Director of Public Works for a
report and recca7mendation to the Public Works Committee and also to
the Town Solicitor with the request to review the matter and report
to the Director of Public Works.
The next meeting of the Public Works Committee is on September 2 1980
and the next scheduled Council meeting is on September 8 1980.
However, if occasion should arise for a special meeting in the meantime,
w� shall endeavour to have the matter dealt with.
Yours very truly,
f
JZI:naf j Joseph M. Mc IC yr°`" M.C.T.
Town Clerk
cc: Mr. J. Dunham, Director of Public Works
Mr. David J. D. Sims, Q.C.
Mr. A. C. Guiler, Town Manager
Zubkavich, Wilbur
BARRISTERS. SOLICITORS, NOTARIES
PATENT t TRADE MARK AGENTS
P.O. BOX 2367 Telephone:
DAMES T. wILBUR. B.ASc.. LL.B. 16 LLOYD STREET Omhewn: (316) 3766211
STEPHEN M. ZUBKAVICH, B.A., LL.B. OSHAWA, ONTARIO, L1H 7V5 Toronto: (376) MS-1271
July 30 , 1980
Mr. Joseph M. Mcllroy
Corporation of the Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mr. Mcllroy:
Re : Pringle purchase from McDonald
151 King Street, Bowmanville
Town Lot 57 , BI "C" John Grant's
Plan, Newcastle
This will confirm our telephone conversation of
yesterday in which I told you that I acted for a couple who
had offered to purchase a house which encroached on Chappel
Street in Bowmanville . The house is municipally described as
151 King Street West and a survey is enclosed.
The law seems to be that possessory title to a
road allowance can only be acquired in Ontario if a building
whiodh encroaches on a road allowance has been standing since
1853. In this regard I would refer you to Di Cenzo v. Hamilton
21 0. R. (2d) 186 .
I have enclosed a copy of an architectural
analysis of this building which indicates that the building
has been standing since before 1857 and possibly as early as
1845 . It seems therefore that the building may have been
standing sufficiently long that the portion of Chappel Street
on which this building stands has become the property of the
owners of the building.
I would very much appreciate it if you would take
this matter up with members of council of the Town of Newcastle
and let me know what position the Town takes with respect to
the encroachment.
Yours vQry truly ,
auto 190 I
JTW lm F, t4 WCASTLE JAMES T. WILBUIZ
e:ncl .
st\—' I ,,H LLL
BUILDING LDC– T-/ON "-')N
PART OF TOWjv LOT ')'7, BLOCK
4CCORDING TO JOI IN GFANT'S PL-AN
OF THE FORMER TOWN OF BOWMANVILLE,
(Being Port of Township Lot 13, Concession
NOW WITHIN THE LIMITS OF THE
Town of Newcastle
REGIONAL MUNICIPALITY OF DURHAM
SCALE I inch = 30 feet
King Street
Fd A9TC 67 94'
N W.A.0if AtE An 116
Fd hrrC
Lot .5? Ey
Black C*
l04A C
764 43 3
0:)
LO
L(
43
4
I VZ.wear trvww dw*lNiV
01) dch #51klvVW,*W.*.f co
NQ 80703 3 1'
• ~F01 Clod-hod
Fd k-p4pa (i()o'w*gt ole'..,))
Q)
b
CIL v
-C I
5 W Av#o
Lot .57 Lot 37
bloc* C, Bloc C*
Fd 0(1106)
LOT rj
MERR(LL D.BROWN LIMITED
LAND SURVEYING a ENGINEEFUNG
121 QUEEN STREET +
BO MA ANMLLE,ONTARIO.
PL Dwo" pionted.
jo-.,cry 9, 1980 ft Dmofin found.
I uxh - 30 feet 416-623-725)
NOTE. this sketch prepared for mortgage purposes oNy!
A4 D 3 80001
R& THE DATE OF WITAUCT101 OF T02 MUM M'
151 KING ST . I. , BOUKAHVILLE , MAW .
LOT 57 , DLOW C .
DYi FRED CANE, 176 DEVERLEY ST . , 10nMO '
JULY 28, 1920 .
ARCHTTEM-R-AL ANALYSIS :
151 Lin! St . N. , Mmanville is a One and unp-00f MruV frnme
hcuce 7reocntly covcrcd with metal Qdinr. A onL store -
tends to the rear of the main block of the house . Latur renovation-
to the house have obscured most of the house ' s oriGinal detailing.
In the rear wing modern windows have replaced the originals and
the ground floor windows of the main block of the house have been
re-cashed , probably during the late nineteenth century, removing
the original cash which would have contained smaller panes of glas7 .
The upper storey windows with their small-paned cash constitute
the only nrjUinal architectural details of tKy hnnse rtill y3r-a12 -.,
aTpprcat.
The main entrance of the house now feces Chapel St. Although
the door itself dates from the nineteenth century, the openinE is
of a later date . The original front door would have been located
in the centre of the King St. facade . Presumably increased traffic
flow alonE QnZ St. caused the oriZinal ori, lnnl front anLrance to
he closed in and moved to Chapel St.
T. house is a vernacular rendition of the GeorEian style with
I o nr! G3nal front door controd syi:imictricallj between a pair of
windons in the main facade and with proportions of three to two
for the length and width of the main block relating directly to
he Georgian model . The low pitched roof reflects the influence
of thc�Greck Plovival :-- 1,y1 r' Id jA; prol'ortion"- fru'!'-1 the :'hare
cif the pediment of o, (2 d, she
1,0000 hre2UPI',-1-bly hri(l (--).%re on tlic, ",a'L)lc cnd,,
roc'ably rcinovcd tl?o cidin,:_r was
Vernacular Georgian of this form , c
a t Chen
•' torcy' �1:;
d cif 1
rp o_f,
E, i'irei,lace inClicatc,i that holl,_7e waf7 dc d 110
1;e h c a'Ll e d w_5 t't) A s :toves did not" become cm,'Llon in Ontario
until after c . it G0 , the house is post c . 1840 . The 10,,-:-Ditched
Revival roof i.tli. oduced to Ontario about 1F,20 and continued
J-
�'G L,e �;_J)1017c:d C . 1�')' O %::her a j.dt-ch ba,,_:cd on Gothic
i-odels -Ldn,-6 The on si,,: ,
double
Lm' Paced on a study of the
sa�;h v"Cre 1_12;cd fi:�om to 1S70
I I . -1870
C' iii._A!r',-_' �' '-)I�ly a . ,,�'-_(-.-,-"1, *' :-�C:(I (I�-,`L'0 U f 1 e!"0
be '_'ta-"
T
i�.�LYSJJ7) OF ',�`1177,
The nineteenth cciatur y rolls for Do%-,,r:.,anville v;ere
e,-:ai:iincd to e(Stablish a more i)recise (late for the construction of
tl-C holt�e at l' , Hov;c,,-(?r the roll-c for
nO i-viv,_,(I l' Ilt"Icl the i,Cr?od of 1-j0 to
r,
7 , r) 6
4L an(1 10' tne C)._ly rolls
J.-lable for
1""5 _d 1'. -now Frai,cis Ceddy as
c o c r of Lot D c 1: C in 7.e . Thi-I 5.,f�:!1'!�',taritiatcd
the record:-' i.,! %-Jlich !"rallcj '
_y as
t l-,e first l;• r ty to Knid r, i i ;.,'l�l,�l �, i:O � ,
nuarter acre parcel �yid in Onth I 65 nhd 1PQ L' c _
c _ ied by George Guady, the father of Pj� roc is
;Id• '" _
mcnt rolls indicate that a hog;., t t
�e ti•�ac .:i".,;-<<� �.c:i on the lot _ �
time . The assessed value in 1663 was 0200 . and 0240 . in 065,
with the annual villne of thr house C_l.von ,. O h, for ho i.': .
Had tIle lot not con i A a b,. i ldOL QL col l n in the
rolls entitled ".xri_,n.,.l- val-u p of house or Kn i. tali nn" •• njo 1,, 01, , -
and the assessed value of the property would be cons?rin_,I "jy 1 :=cr,
Comparison with more than fifty other r roperties aced-: ad in 2cw-
manvillc during the period 1057-1867 shows that $200 . -$200 . is a
reasonable assessed value for a one and a half storey fra�E Douse.
A vacant quarter aces lot was worth abOL't ;:50 ,000 , in M2 period
and a lot with a bra c_; hours of combaravle sj ,c .,,Id to
. ,d
at about , 600 .
The acccasmcnt roll for 1361 ,;hu••.., __at ,•'' j
Goodman and occupied by a MC'.:Mith, I. ' A ,
annual value of the Louse is given as Q30 . This listing conflicts
with the deed dated January 27, 1059 which Erants Lot 57, _,loci: C ,
to Francis Geddy for 25 pounds. The assessment roll for 1059 does
not elucidate this conflict as Lot 57 in :Mill occupied 7 Kerry
:.'ood•.,ard but the assessor has omittcd to indicate the n-�w of the
owncr of the property. Tho 1059 a;oes7 Pnt roll list t t- l
value of the property as U500 . althou h the co? for
value of the house has been left blank .
that a house is prc-.;c ._t on the lot. � , - c a , - -
11i�� �U: :�L of _ � -.r--1
- •- -..ice__ VOW,-,
'a:.
for the building In the aplwolriate coluI',I1
house wan unoccupied at the' ti
J
is ^ine li2tad on the 14'; Iati-t; ot, L,t �3
farther west along ..ink; Lt.
The ansonspent roll for 1357 is d i rf i cul t to i nturprct Ps the
lrtc arc identified only as jurt of Lot 13 ,
Con. 1. None of the
town lots in Lot 13, Con. 1 PTc owned by Francis Gcddy in 107 ,
Lot one quarter acrc lot is rvnud by a n, NoudKan. `>_'hI s is pro-
. . .01.• Lot 57 . Me total v al ac of the 1)L�.o.,;1,',- 1J in 120 �J'%nds
,I I
( r.-0 , an(I ,'n ;u.,ii al- �.';Ll t, 'or i;)lC i!o,ise of 12 bounds (n V. ) in-
6 icates that the ho; rc at 151 King at. a. would have been standi n�
in 1857.
The 1847 and 1849 assessment rolls are similar to that of
N57 in that thcy do not list town lots by number, but only as a
=t of Lot 13 , Con 1 . .:either Francis Geddy, nor Er. Goodman,
in shown as 0•..: i 4v n town lot i n Lot 13 , Con. 1 during those •c rc
so It is not In(.. ihle to 1Oantif y Lot 57. He uvur a nukhor of
c : _ =d a half t 11 u o V ,ono2 arc TOW cn the mil.` vusp - n t
oils of 107 and ! V49 as MWr_ located on Lot 13 , Con. 1 .
The archival evidence is unfortunately incomplete and incon-
Onsive . It appears that Francis Goddy purchased Lot 57 in 1859
but that the assessor was unaware of thin fact in 1861 , as Francis
oldy is not listed as the owner until 103 . This kind of error
in not uncoi.. on in she a scan. ont rolls of this period. It is cica_-
..,_t .i')nuicis beddy wnv not tho first o',ner of Lot 57 . he weed
of 1459 indicates that Lot 57 was cold off before the death of Was .
:t in MR. 1,,_.,,,,mnin 7-dAy was horn c . 1836 and would Mv,,
On yon;, to ,rchs_sc Lnt 57 prior to AM. Er. Goodman as
n n earlier onncr of Lot r',' but the fact, that his naNc does not
a,r on tho :'.:.sC•.,.,. Font 2"11K.1. for 107 7 of My as o'.:ni E land
r
in Lot 13 ;c, 1
c
i for to l;r.
The
:ae r)ituatocl. n„
a:, recorded ciclrillt thc .�e „ _ �� ';hc
• � 1:;;�,;~O ,. . �:1r� }�a, _ � - '-and
the r'-'.to of
• . ;. _. i� ` � !� .%l - , t ��llt 117
1'55, has
i
L,radual drop in valcle Ovcr :.ct that in the 1'59
"101 r()).j 611C C Of the }lOU C 17aG
left blank is cicle , e earlier, bee.,^:i::e the
hcizse v:,a�3 vac�:.1-:;
or because tl7e
-✓ ='?'�G ?ic f1.'i. 2 Of �C7 . 17 the
rJ
column.
Unfor-cL,_,�a-,-;'� t 1
_. 1Lo is c ly
_' Or 1 �U- i�
i•�vi1� �s as i. �l cc c.: O
�i �..,1 c:i ;hi ch r;ol�ld
1 �z�e listed al!
i t 1a� 'u-ime . G:lly a fe.v
copies of local I a»err, d�ctin.; l)cic,re 1'6U have survived for
the Bor;manvillc area and in any case it is hiC-",dy unli.'.-:ely that
;.i1i r }lnli`3e ;Ol;Ztl t'. -
I11,
for
or
- J
the ca,1 1. roll,
I)c Of
no
it :, i gilt in an area.
J
art of ti1C 2.:�i21 �)il:, 1 i� aroa c7'
rc�-s district I:!OVcd
t "l 4
1 ncatcd 021 1 i nV :it. aild ill the c(,'21tral i,!1e „21
rri'1C lot _nor carl,y dev(-lopmcnt.
-O ?'ian X101 �1i1 �'1'l Ot' t0 1:i!.v and it would 1?0 }11k'111y
tl11: 10t l2lc� L'!�: .('111 V;' It 'I til
>:. c
I 1 n
,-hOLIt i VC irc 3 1�zr . 1,110 1C! ..;C _ 1, C'., 1 s
] 1
--c�Ore 1857 and is collcc ab 1,
i 1} a� CL7.�
records pertaininE to the house preclucjes the establish::ent of a
conservative C?at1i1 of abOLlt 1850 for t,,ic c011c ' ructi0!-, of
_: tl.sc �.nd its lOCL tl_on in the carl.i ii—!, :,c"Tod r,art - `'
-
i - -` - .. V1.' 6..
ch COIlclL12ion.
- J
--'- .A . from, 'Juee!7' .. cu1 ) (l of
CttlCl«S C'c01l0I:11C. t L` Lill, 111, ( �JI'`' �.2"� �1) ., ' �• �
11c d.
c'a'ollcd Ott the �jchool of i,I'chltccturc at tT'C Uni--
ver Ci.ty OI 101'onto , "1'c.Cl ;a" 1n`; :L 11 1 uE2 11'Jc "car T-)ro,'_'^:
`. 'i:111"'.�. }'1 :at0a-.! :n a'1d
of
6
_�rai'!ch of �i1�_' 1 "� ., ti'y t .. - � �::�i ,�^t o1! t0 (I C) ru}11--
tCCtlt�'al rC::Ca1'Ci1 and 1!1V�.',, U?'- ! Ol !1" i.�,�,. t}1 CC11�(1) Lulldlnt,
throe ;}'sOlIt the 1)1'0vincc of OILi-''I'lo . 0, the three
i'C?'Cr tC 1i '2'C
c'-a, ed on ov('r i0 Ul) i ri-i_Il; 1.1: i,?-0ciI-v111 e , !•:ait-
�.£'...CI , TOO , C 1'011Fl., 111"lla -1:'1 ow. an-
vill e .
-- hile :02''_inr; in :0,'.1:lanvi-11_e over ?r buildin; in the an'rille
a_'ca -,:crc .;"lmlicd and I ;--incd . t . , Jd Ol ti}6C OIirCCC
bliiI d 1.!i.,0 �_I1 �i�hG �n",,.'.,`' 'v 11�.0 C..rc- 'he
Of -i;}'C ..' lt(1�' d0i"'C _.11 '''.C',:1;: n'`:illC ". l 11 Cd 1j�r }12 Out}lor-
o-- ��,'" l^ in their cliapt-or on the old houc-c- o? moo,: :.. s111e
G'..r�for T1c 1. ! ? c__ �,
of t. c e I�, Jhi.� •r ur1, ;It in
_C' '- -,• ,J '�i„-..,i � it' 1^.:-LGT'_i'_, �''.''_OLCilat�
Col lector, ,
ol,.plo.yC;u a- a reseairch aSC1stallt by the Ontario IJerita'se
re:', )0l"J.ible for tecll' research and the monitoring
Of the ni noteonlb-h century buildi.nEc manaSed by the T'oundation.
--7 r C Ciltly 0.'11'Z_o�"7.'CluC a Ilai'"�- 11i:1C }11U� 0? 1C 1nl Cr��r C tCr at t}1C
�C 1
r a1't C:aile kr O �17ta10 , `I't:ronto .