Report to: From: Chair & Members of the Administration & Planning Standing Committee B. Koopmans, Acting Director of Planning and Development Date: May 13, 2013 Report No. PD-022-13 Subject: HERITAGE DESIGNATION & HERITAGE EASEMENT 3053 Derry Road RECOMMENDATION: THAT Milton Council recognizes the property located at 3053 Derry Road in the Town of Milton, as being of heritage significance; AND THAT Milton Council agrees to enter into a Heritage Easement with the property owner(s) with respect to the property located at 3053 Derry Road in the Town of Milton; AND THAT whereas Heritage Milton has made a request to have the property designated under Part IV of the Ontario Heritage Act (R.S.O 1990), Milton Council hereby recommends that the property be designated for the reasons outlined in the Reasons for Designation as attached as Appendix 1 to Report PD-022-13; AND FURTHER THAT the Town Clerk provide the Notice of Intention to Designate as outlined in Section 29 (4) of the Ontario Heritage Act; AND FURTHER THAT once the thirty day objection period has expired and if there are no objections, that a designation bylaw be brought forward for Council adoption. EXECUTIVE SUMMARY The subject property is located within the Niagara Escarpment Area. The Niagara Escarpment Plan allows the provision of two houses on a lot provided one is designated under the provisions of the Ontario Heritage Act and is also protected by a heritage Easement. The property at 3053 Derry Road contains an Edwardian house that was built
Report No.PD-022-13 Page No. 2 in 1913 and is of heritage significance. The owners wish to erect a second house on the lot and are willing to designate the heritage house and enter into a heritage easement in order achieve this. The provision of two houses on a lot does not allow the severance of the property, nor would it allow the use of either of the houses for non residential purposes. The second house would remain in residential use and could not be sold off separately. REPORT Background Owner/Applicant Palwinder and Sukwinder Gill 3053 Derry Road, Milton, Ontario L9T 2X6 Location/ Legal Description: 3053 Derry Road, Milton Con 4, Part Lot 11, RP 20R4023 Part 3, Town of Milton, Regional Municipality of Halton. See Figure 1 Location Map Planning Policy Ontario Regulation 9/06 Criteria For Determining Cultural Heritage Value Or Interest. In order to be designated under Part IV S.29 of the Ontario Heritage Act a property must meet one or more of the following criteria: 1. The property has design or physical value if i. It is a rare, unique, representative or early example of a style, type, expression, material or construction method; ii. it has a high degree of craftsmanship or artistic merit; or iii. it demonstrates a high degree of technical or scientific achievement. 2. The property has historical or associative value if i. it has direct associations with a theme, event, belief, person, activity, organisation or institution that is significant to a community; ii. it yields, or has potential to yield, information that contributes to an iii. understanding of a community of culture; or it reflects the work or ideas of an architect, artist, building, designer or theorist who is significant to a community. 3. The property has contextual value if, i. it is important in defining, maintaining or supporting the character of an area;
Report No.PD-022-13 Page No. 3 ii. iii. it is physically, functionally, visually or historically linked to its surrounding; or it is a landmark. Provincial Policy Statement (PPS). This states that significant built heritage resources and significant heritage landscapes shall be conserved. A built heritage resource includes significant buildings or structures that are associated with history and are identified as important to a community. A cultural heritage landscape is an area of heritage significance which has been modified by human activity and is valued by a community. It includes a grouping of heritage features such as structures, spaces and natural elements which together form a significant heritage form that is distinctive from its constituent elements. To be significant cultural heritage resources must be valued for the important contribution they make to our understanding of the history of a place, an event or a people. Places to Grow This states that the Greater Golden Horseshoe is blessed with..irreplaceable cultural heritage sites that.must be wisely protected and managed as part of planning for future growth. It seeks a balanced approach to using and managing resources, including heritage resources. A culture of conservation is sought where municipalities develop policies and strategies that conserve cultural heritage where feasible, as built up areas are intensified. Halton Region Official Plan This has a goal to protect the material, cultural, natural and built heritage of Halton for present and future generations. Town of Milton Official Plan. This has a goal to conserve the Town s heritage resources by identifying, recognising, preserving, protecting, improving and managing those resources, including the potential of their adaptive reuse. It goes on to say that in determining properties for designation, Council shall consider whether a property is: a. is.associated with the life of a person important in the history of the Town b. is.associated in a significant way with an historic event; c. embodies a distinctive.architectural style, period or method of construction, or the work of an important building designer or architect; or d. is.an integral part of a distinctive area of the community or is considered to be a landmark of special value which contributes to the distinctive quality of identity of the Town.
Report No.PD-022-13 Page No. 4 Discussion. The subject property is located in the Niagara Escarpment Plan area. The Niagara Escarpment Plan permits two houses on lots when one of the house is designated under the provisions of the Ontario Heritage Act and is also protected by a heritage easement. The owner of the subject property wishes to build a new house whilst retaining the existing house. A heritage easement is a legal agreement between the Town and the property owner that sets out in greater detail than a designation by-law, the requirement to retain, maintain and conserve the defined heritage attributes of the subject property. The existing house is known as the Ernest Jay farmhouse was built in 1912. It is a representative example of vernacular Edwardian Classicism architecture. Edwardian classicism was prevalent in Ontario at the beginning of the twentieth century and its simple balanced designs represent a reaction to the decorative excess of the late Victorian era. Edwardian Classical houses in Ontario are typically constructed of smooth red brick. They are box-like in their massing and are a full two storeys in height with hipped roofs above. They are largely devoid of exterior ornament with the exception of generous verandas which often feature stout classical columns and chunky railings. The Ernest Jay farmhouse is a two and a half storey smooth red brick house with brick voussoirs that have an overhanging brick header band above and concrete sills. A large off-set modern enclosed porch has replaced the open veranda that would have originally been present at the front of the house. The house has a stone foundation that has been partly covered and a high hipped roof with a projecting front bay with a gable above. The pediment in the front gable is covered in painted cedar shingles. There is an asymmetrical arrangement of windows of different sizes on the front of the house with symmetrically arranged traditional double hung sliding sash windows along the sides. A modern single storey garage addition projects from the rear of the house. The Town of Milton experienced a period of considerable expansion in the late 19 th and early 20 th Century. This growth coincided in the popularity of the Edwardian Classical style of architecture and as a consequence Milton contains a considerable number of Edwardian buildings that were built prior to World War 1. The red terra cotta bricks used on the subject property would have come from the local brickworks in Milton Heights (the brickworks in Campbellville were closed by this time). These high quality bricks are found on many buildings that were built in Milton during the late nineteenth/early twentieth century and this building is a good representative example of their use. The subject property was originally part of a 200 acre lot at Lot 11, Con 4 in the former Nelson Township. It was acquired by Elizabeth De-Forest in 1833. The De-Forests were United Empire Loyalists from the United States and built their house on the eastern end of
Report No.PD-022-13 Page No. 5 the lot. The family cemetery, now known as the De-Forest Family Cemetery, is situated on the north west corner of the intersection of Derry Road and Walkers Line. In 1842 the western half of this lot was sold to George Agnew. Mr. Agnew gave part of this lot for the construction of the St. John s Anglican Church on Guelph Line. George Agnew eventually sold the property to Samuel Dice in 1865. Samuel Dice is unlikely to have lived on this property as he only owned the property for 2 years before selling it to his sister-in-law Margaret Dice (wife of George Dice and granddaughter of Jasper Martin, the founder of Milton). During his ownership he gave part of the property for the construction of the school known as SS#12 (now known as 3179 Derry Road). Samuel Dice s first wife was Sarah Martin, the daughter of John Martin and granddaughter of Jasper Martin. Samuel Dice later moved to Milton and was on Milton Council serving as Mayor on three occasions (1889-1893, 1897-1898, 1902-1903). He was also a Police Magistrate and Justice of the Peace. Margaret Dice sold the property to John Turnbull in 1874 who then sold it in 1910 to Joseph Jay. Joseph Jay was a widower who was born in England in 1850. He had 6 sons and one daughter. Ernest Alfred, his fourth son was born in 1890. He acquired the subject lands from his father in 1912 and built the red brick house in the Edwardian Classism style, which was popular at the time. The subject property has contextual significance as part of the small community at the intersection of Guelph Line and Derry Road. This small community included a number of houses as well as a church and a school, however unusually for a community of this size, it did not have a shop and was never known as a village. Heritage Milton have reviewed the property at their meeting on February 7, 2013 and passed the following resolution: Heritage Milton considers that the property at 3053 Derry Road is worthy of designation under the provisions of the Ontario Heritage Act. This house is a representative example of vernacular Edwardian Classism as well as being a good example of the use of locally made red brick. Heritage Milton also welcomes the provision of a heritage easement for the property. (Rec. MH-015-13). Once designated and covered by a heritage easement, the Niagara Escarpment Commission will allow the erection of the second house on this property. Heritage designation does not prevent owners from repairing and changing buildings on their heritage properties. On the contrary, in order to ensure the long term preservation of heritage resources buildings need to change and adapt to meet peoples changing needs
Report No.PD-022-13 Page No. 6 and expectations. Heritage designation and easements introduces a process by which future change to heritage buildings can be guided so that their heritage attributes are preserved for future generations. Staff notes that the Ernest Jay farmhouse has a modern enclosed front porch and modern rear single story addition. No objections would be raised to the removal of these structures and their replacement with other additions that would respect the character and appearance of this Edwardian style house. Relationship to Strategic Plan. The designation of this property under Part IV of the Ontario Heritage Act will advance Goal A, Direction 3 Protect and enhance our heritage, identity and character. Specifically this protection of this property for future generations will: Respect and honour Milton s rich history; Foster civic pride by recognising the contribution that cultural heritage resources make to the urban and rural system. Financial Impact. None arising from this report. Respectfully submitted, Barbara Koopmans, BES, MCIP, RPP Acting Director of Planning & Development Prepared by: Anne Fisher MCIP, RPP, MRTPI Planner Development Review If you have any questions on the content of this report, please contact: Anne Fisher Planner, Development Review, (905) 878-7252 Ext. 2565. Attachments: Figure 1 Location Plan Appendix 1 Reasons for Designation CAO Approval:
APPENDIX 1 PD-022-2013 Appendix 1: Reasons for Designation Legal Description: Part Lot 11, Concession IV, RP 20R-4023 Part 3, Town of Milton, Regional Municipality of Halton. Description of Property: The Ernest Jay farmhouse is a two and a half storey red brick house that is a good representative example of vernacular Edwardian Classicism architecture and the use of brick from local brickworks. Statement of Cultural Heritage Value or Interest: The subject property is known as the Ernest Jay house and was built in 1913. Its cultural heritage value lies in its architectural significance. Design Value or Physical Value. The Ernest Jay farmhouse is a good representative example of vernacular Edwardian Classicism architecture. Edwardian classicism was prevalent in Ontario at the beginning of the twentieth century and its simple balanced designs represent a reaction to the decorative excess of the late Victorian era. Edwardian Classical houses in Ontario are typically constructed of smooth red brick. They are box-like in their massing and are a full two storeys in height with hipped roofs above. They are largely devoid of exterior ornament with the exception of generous verandas which often feature stout classical columns and chunky railings. The Ernest Jay farmhouse is a two and a half storey smooth red brick house with brick voussoirs that have an overhanging brick header band above and concrete sills. The east facing side of the house includes a decorative brick bracket feature below the eaves. This may have formed part of a chimney that no longer exists. A large off-set modern enclosed porch has replaced the open verandah that would have originally been present at the front of the house. The house has a stone foundation that has been partly covered and a high hipped roof with a projecting front bay with a gable above. The pediment in the front gable is covered in painted cedar shingles. The house has an asymmetrical arrangement of windows of different sizes on the front gable wall. They comprise of a traditional double hung sash window, two wider 3-pane windows (these windows were becoming popular in Milton during the Edwardian period) and a smaller window that may have originally included decorative stained glass. Symmetrically arranged traditional double hung sliding sash windows are included on the remainder of the front façade and on the sidewalls of the house. A modern single storey garage addition projects from the rear of the house.
APPENDIX 1 PD-022-2013 The Town of Milton experienced a period of considerable expansion in the late 19 th and early 20 th Century. This growth coincided in the popularity of the Edwardian Classical style of architecture and consequently Milton contains a considerable number of Edwardian buildings that were built prior to World War 1. The red terra cotta bricks would have come from the local brickworks in Milton Heights. These high quality bricks are found on many buildings that were built in Milton during the late nineteenth/early twentieth century and this building is a good representative example of their use. Historical Value The subject property was originally part of a 200 acre lot at Lot 11, Con 4 in the former Nelson Township. Elizabeth De-Forest acquired the patent for the property in 1833. The De-Forests were United Empire Loyalists from the United States and built their house on the eastern end of the lot. The family cemetery, now known as the De-Forest Family Cemetery, is situated on the north west corner of the intersection of Derry Road and Walkers Line. In 1842 the western half of this lot was sold to George Agnew. Mr. Agnew gave part of this lot for the construction of the St. John s Anglican Church on Guelph Line. George Agnew eventually sold the property to Samuel Dice in 1865. Samuel Dice is unlikely to have lived on this property, as he only owned the property for 2 years before selling it to his sister-in-law Margaret Dice (wife of George Dice). Both Samuel and his brother Dr. George Dice owned nearby lots on Lot 10, Con 5 in the Nelson Township. Samuel Dice s first wife was Sarah Martin, who was the daughter of John Martin and granddaughter of Jasper Martin the founder of Milton. Samuel Dice later became an insurance agent and moved to Milton where he owned a number of different properties. He served on Milton Council, was a Police Magistrate and Justice of the Peace and was the Mayor of Milton (1889-1893, 1897-1898, 1902-1903). During Samuel Dice s ownership, he gave part of the property for the construction of the school known as SS#12 (3179 Derry Road). Margaret Dice was another granddaughter of Jasper Martin. Margaret Dice sold the property to John Turnbull in 1874 who then sold it in 1910 to Joseph Jay. Joseph Jay was a widower who was born in England in 1850. He had six sons and one daughter. Ernest Alfred, his fourth son was born in 1890. He acquired the subject lands from his father in 1912 and built the red brick house in the Edwardian Classism style, which was popular at the time. Contextual Value The subject property has contextual value due to its relationship to the small community at the intersection of Guelph Line and Derry Road. This small community included a number of houses as well as a church and a school, but did not have a shop and was never known as a village.
APPENDIX 1 PD-022-2013 Character Defining Elements/Heritage Attributes: Important to the preservation of the Ernest Jay farmhouse, 3053 Derry Road are the following character-defining elements/heritage attributes: - The two and a half storey form and structure of the house including its smooth red brick form and projecting front bay with a gable above. - Hip roof with front gable pediment that is covered in painted cedar shingles. - Placement of windows and doors on original 2 storey red brick house - Stone foundation and concrete window sills. - Red brick voussoirs with overhanging header band above the windows. - Asymmetrical arrangement of windows of different sizes on the front gable wall; comprising of a traditional double hung sash window, two wider 3-pane windows and a smaller window. - Symmetrically arranged traditional double hung sliding sash windows on the remainder of the front façade as well as on the east and west facing facades of the former farmhouse building. - Decorative brick bracket feature below the eaves on the east side of the house. Note: The rear single storey garage addition and the front enclosed porch are not included in the Reasons for Designation.