SECOND MEETING OF THE

HERITAGE MARKHAM COMMITTEE

TOWN OF MARKHAM

York Room, Markham Civic Centre

Wednesday, February 11, 2004

MINUTES

Members Regrets

Julie Christian, Chair Councillor Jack Webster

Joan Natoli, Vice-Chair

Susan Casella

Elizabeth Plashkes

Ted Chisholm

Marie Jones

Judy Dawson-Ryan

Regional Councillor Jim Jones

Staff

R. Hutcheson, Manager Heritage Planning

G. Duncan, Heritage Planner

Yvonne Hurst – Committee Secretary

The meeting convened at the hour of 7:15 p.m.

1. APPROVAL OF AGENDA (16.11)

HERITAGE MARKHAM RECOMMENDS:

THAT the Heritage Markham agenda be approved as revised with the inclusion of

the addendum agenda and the following two items of new business:

1) Phase 2 – 16^th Avenue York Durham Sewer Project – Effects of Dewatering

2) 163 John Street - Thornhill - Concerns Relating to Real Estate Sign on Property.

CARRIED.

2. HERITAGE MARKHAM COMMITTEE MEMBERS

COUNCILLOR AND CITIZEN APPOINTMENTS (16.11)

Extracts: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

That the report regarding Councillor and citizen appointments to the Heritage Markham Committee be received as information.

CARRIED.

3. 26 CHURCH LANE, THORNHILL

APPLICATION FOR MINOR VARIANCE A/11/04

PROPOSED INCREASE IN PERMITTED GARAGE FLOOR AREA

ANTHONY REALE (Owner until February 11, 2004)

FRANK E. BUNN (Owner from February 12, 2004) (16.11)

Extracts: Tim Williams, Secretary-Treasurer, Committee of Adjustment

Senior Heritage Planner

The Manager, Heritage Planning, provided an overview of the application for the construction of a detached garage at 26 Church Lane, Thornhill. He pointed out that the existing building and garage already exceed the square footage limitations in By-law No. 2237. However, after reviewing the proposal and due to the unique nature of this property and the fact that the new owner does not wish to proceed with the previous variances, staff have recommended that a variance was supportable up to 31.58 m² (which is the area of the existing attached garage). Therefore, Planning staff is in support of a two-car detached garage 41.8 m²in size. It was suggested that support for the requested variance be subject to the following:

- the house being maintained as existing and restored (the new owners have indicated that they will restore the house), without the additions as previously proposed

- an easement be secured on the heritage façades and the cedar hedge on the south property boundary.

The Committee received a letter from Tony and Angela Farr who indicated their agreement in principle to the construction of a single-storey unheated garage for the purpose of storing antique cars. However, they voiced several concerns with the plans as submitted.

These concerns were: 1) the height of the structure (19ft.); 2) installation of a 60 amp electrical supply (not needed for a garage); 3) windows on the south elevation are 4 feet from their fence and would reduce their privacy. Mr. Farr was in attendance and reiterated his concerns with respect to the height of the garage and the windows on the south elevation.

Tony Drew, son of Sir Robert Watson-Watt, was in attendance and thanked the committee for its diligence in working to save the architectural features of his mother and father’s home. He noted that his mother loved the house and is buried in a nearby cemetery.

It was pointed out that the designs before Heritage Markham were ‘conceptual’ and that final drawings would be provided to Heritage Markham for comment.

HERITAGE MARKHAM RECOMMENDS:

THAT Heritage Markham has no objection to a variance that would permit the construction of a detached two-car garage at a maximum size of 63.7m²;

THAT Heritage Markham supports in principle the design of the proposed garage and driveway, subject to the following:

· The applicant is to enter into a site plan agreement with the town for the proposed garage;

· The garage is to be constructed of wood and clad in wood as shown;

· The windows on the garage are to be wood, with external wood muntins as shown;

· The driveway is to be a minimal driveway as shown;

· The house is to be maintained as existing and restored, without additions as previously proposed.

· The proposed garage is to be a single storey structure only;

· The proposed garage is not to be used as a residence;

· The applicants are to enter into a heritage conservation easement with the Town to ensure preservation of the Watson-Watt House in its historic exterior form and the cedar hedge on the south property line;

· The driveway access to the garage is to be in the form of two narrow block strips as proposed by the applicant;

· The owner is to allow the town to erect a Markham Remembered Plaque in a visible location inside the east property line outlining the history of the Sir Robert Watson-Watt and the house at 26 Church Lane.

CARRIED.

4. 3010 Nineteenth Avenue - Heritage Designation Report

Schoolhouse No. 7 (16.11)

Extracts: Manager, Heritage Planning

G. Duncan, Heritage Planner

The Heritage Planner advised that the schoolhouse at 3010 Nineteenth Avenue is on the Markham Inventory of Heritage Buildings as a Group 2 heritage structure. The recommendation prepared for the Committee’s consideration is for the building to be designated under Part IV of the Ontario Heritage Act.

Mr. R. Hendrix, representing the Toronto Catholic Cemeteries, expressed concern that since his inquiries with the Town requesting information on the schoolhouse, the structure has been placed on the Committee’s agenda with respect to designation. He noted that is has been difficult to tenant the building and the last tenant had vacated with rent owing. He indicated that Toronto Catholic Cemeteries are basically interested in these lands as a cemetery and noted that it is not practical for them to rent the heritage building. Mr. Hendrix advised the Committee that the property is monitored by a staff member who drives by the property every day. Since the Toronto Catholic Cemeteries are not intending to develop the property for a number of years, the organization does not wish to expend any significant funds on the building. He suggested that the organization would only board the property if it required a minimal expense as the property it is not generating any revenue. He also suggested that the staff monitoring and unboarded windows on the building look better than a vacant boarded building.

Mr. Hendrix indicated that the former schoolhouse does not fit into the plans for the cemetery. The corner location of this structure is not suitable for storage since storage necessitates the parking of heavy equipment used for digging graves, etc. He stated that Toronto Catholic Cemeteries would be willing to allow the building to be relocated (not within the cemetery lands). He also stated that there are no plans at the present time to request demolition.

HERITAGE MARKHAM RECOMMENDS:

THAT the former schoolhouse for School Section No. 7 is a landmark building in the Heise Hill community;

AND THAT the owner be requested to secure the building to prevent vandalism and damage from the elements;

AND FURTHER THAT the former schoolhouse for School Section No. 7 be recommended to Council for designation under the Ontario Heritage Act.

CARRIED.

5. ADOPTION OF THE MINUTES

FIRST HERITAGE MARKHAM MEETING

January 14, 2004 (16.11)

Extract: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT the minutes of the first Heritage Markham meeting held on January 14, 2004 be received and adopted.

CARRIED.

6. CORRESPONDENCE LIST (16.11)

Extracts: Manager, Heritage Planning

a) Architectural Conservancy of Ontario: ACORN Journal, Fall 2003

b) Toronto Region Architectural Conservancy: ACT Journal, Jan. 2004

c) Markham Historical Society: Remember Markham Newsletter, Nov. 2003

d) Ontario Historical Society: Notice of Heritage Day Reception, Feb. 16, 2004

e) Old House Journal

f) Bryan Wilfert, M.P. re: Heritage Properties Incentive Fund

g) Toronto Star: A New Life for Historic Houses – article from Jan. 15, 2004

h) Unionville Villagers’ Association: Meeting Minutes, Dec. 8, 2003

i) Unionville Sesquicentennial Program Plan 2004

j) Heritage Canada: Human Resource Issues in the Presentation of Heritage Buildings – Research Report

k) Mario Cantin: Promotional material on his tuckpointing business

l) Ministry of Culture: Heritage Week 2004

m) Heritage Canada: Heritage Magazine, Winter 2004

n) Heritage Canada: Notice of Annual Conference – New Brunswick, Sept. 2004

o) Parks Canada: Commercial Heritage Properties Incentive Fund

HERITAGE MARKHAM RECOMMENDS:

THAT the correspondence list, dated February 11, 2004, be received as information.

CARRIED.

7. 21 FRANKLIN STREET

WINDOW RESTORATION FOLLOW-UP (16.11)

Extracts: Manager, Heritage Planning

G. Duncan, Heritage Planner

HERITAGE MARKHAM RECOMMENDS:

THAT the update on the window restoration issue at 21 Franklin Street - Franklin Street Public School be received as information.

CARRIED.

8. UPDATE TO SALVAGING POLICIES (16.11)

Extracts: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT the Heritage Markham policy entitled “Demolition of Heritage Buildings – Documentation and Salvaging Policy” adopted on February 9, 1994, be amended by adding the following to policy guideline #2:

“require the owner to advertise the availability of the building for relocation elsewhere or the salvaging of architectural features on the Architectural Conservancy of Ontario website”

CARRIED.

9. 189 MAIN STREET

PROPOSED OUTDOOR PATIO (16.11)

Extracts: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT, if the patio space as proposed for 189 Main Street is permitted, the treatment of the two front yard patios should be tied together by using the picket fence proposed at 193 Main Street in front of the older patio area to provide a consistent streetscape treatment on the property;

AND THAT the proposed picket fence be stained white;

AND THAT any future alterations to the property should not be undertaken without prior approval from the Town of Markham through the development approval process (Site Plan Application, Building Permit Application or Heritage Permit Application depending on the scale of the alteration).

CARRIED.

10. 175 MAIN STREET, UNIONVILLE

PROPOSED OUTDOOR PATIO (FRONT/SIDE) (16.11)

Extracts: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT, if a commercial patio is permitted on the applicant’s property at 175 Main Street, Unionville, the following design treatment be introduced:

§ The patio fence should be a wood picket detail and extend along the entire frontage of the property;

§ The paving surface should be faced with a natural material (i.e. flagstone, random tumbled stone);

§ Gooseneck lighting (as proposed) to match lighting on front façade;

§ The introduction of planting beds and, if possible, a tree to help re-introduce natural vegetation along Main Street.

AND THAT the proposed picket fence be stained white;

CARRIED.

11. 33 VICTORIA LANE

MINOR VARIANCE APPLICATION (16.11)

Extracts: Manager, Heritage Planning

G. Duncan, Heritage Planner

HERITAGE MARKHAM RECOMMENDS:

THAT Heritage Markham has no objection to the minor variance application for 33 Victoria Lane.

CARRIED.

12. 121 ROBINSON STREET

MINOR VARIANCE APPLICATION (16.11)

Extracts: Manager, Heritage Planning

G. Duncan, Heritage Planner

HERITAGE MARKHAM RECOMMENDS:

THAT Heritage Markham has no objection to the minor variance application for 121 Robinson Street, subject to the height variance applying only to the tower feature, and only on the basis of the conceptual design presented with the subject application.

CARRIED.

13. 8303 WARDEN AVENUE

HERITAGE DESIGNATION REPORT –
SHERIDAN-PATERSON HOUSE (16.11)

Extracts: Manager, Heritage Planning

G. Duncan, Heritage Planner

HERITAGE MARKHAM RECOMMENDS:

THAT the Sheridan-Paterson House at 8303 Warden Avenue be recommended to Council for designation under Part IV of the Ontario Heritage Act.

CARRIED.

14. APPLICATION FOR PLAN OF SUBDIVISION AND REZONING

SU. 118872 and ZA. 117259

53-57 MAIN STREET, UNIONVILLE

NORVALLEY HOMES LTD. (16.11)

Extracts: Manager, Heritage Planning

Senior Heritage Planner

HERITAGE MARKHAM RECOMMENDS:

THAT consideration of the application for plan of subdivision and rezoning SU. 118872 and ZA. 117259 (53-57 Main Street, Unionville) be deferred, pending submission of a revised plan for the site and submission of building elevations;

AND THAT details of the elevations and plan are to be submitted for review by the Architectural Review Sub-Committee of Heritage Markham.

CARRIED.

15. APPLICATION FOR ZONING AMENDMENT - MINISTER’S ZONING ORDER ZA-04-006288

APPLICATION FOR SITE PLAN APPROVAL SC 04-006347

9804 MCCOWAN ROAD – INCORPORATING THE PETERSON JARVIS HOUSE – MARKHAM TRAILS (PHASE 3) (16.11)

Extracts: Manager, Heritage Planning

S. Kitagawa, Senior Planner

HERITAGE MARKHAM RECOMMENDS:

THAT the following be included as conditions of in the site plan agreement under the heading “Heritage” for Application for Site Plan Approval SC 04-006347, 9804 McCowan Road – Incorporating the Peterson Jarvis House and the Historic Oak Tree:

Heritage

1. Prior to final approval of the draft plan of subdivision or any phase thereof, the Owners shall carry out a cultural heritage resource assessment for the lands within the draft plan to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of Development Services) and the Ministry of Tourism, Culture and Recreation. No demolition, grading, filling or any form of soil disturbances shall take place on the lands within the draft plan prior to the issuance of a letter from the Ministry of, Tourism, Culture and Recreation to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements.

2. The Owner shall covenant and agree in the subdivision agreement to implement any measures recommended by the heritage resource assessment, to the satisfaction of the Town and the Ministry of Tourism, Culture and Recreation.

3. The owner covenants and agrees to retain the Heritage Building (Peterson-Jarvis House), known municipally as 9804 McCowan Road on its original site and the historic Oak Tree adjacent to the house;

4. The Town acknowledges that the owner has implemented measures to protect the Heritage Building and historic Oak Tree through the following means:

a) The owner has entered into a Heritage Easement Agreement for the building and Oak Tree with the Town and has provided a letter of credit in lieu of insurance for the Heritage Easement Agreement;

b) The owner has permitted the designation of the property under Part IV of the Ontario Heritage Act ;

c) The owner has provided a $25,000 Letter of Credit to ensure the preservation of the existing building and heritage tree (total $25,000). The letter of credit shall be retained for use by the Town and shall not be released until the construction and grading on the subject lands and adjacent lots, and roads has been completed to the satisfaction of the Town (Commissioner of Development Services), the building has been connected to municipal services and the buildings meet the basic standards of occupancy as confirmed by the Building Standards Department;

5. The Owner shall covenant and agree in the subdivision agreement to implement the following measures recommended by the Town to protect the Heritage Building and Historic Oak Tree:

a) The owner is to provide at its expense a legal survey of the house and tree to facilitate the designation;

b) to maintain the Heritage Building and historic Oak Tree in good and sound condition at all times prior to and during the development of the property

c) to secure and protect the Heritage Building from damage through procedures carried out according to the Town of Markham Guidelines for the Boarding of Heritage Structures;

d) to erect a "No-trespassing" sign in a visible location on the properties indicating that the Heritage House is to be preserved onsite and should not be vandalized and/or scavenged, and install a 4m high fence around the perimeter of the house and drip-line of the Tree (snow fence is permissible) to protect the dwelling and house until the completion of construction in the vicinity or the commencement of long-term occupancy of the dwelling as confirmed by Town (Heritage Section) staff.

6. The owner covenants and agrees to preserve the Heritage Building and historic Oak Tree through the following means:

a) to enter into a site plan agreement with the Town for the Heritage Building and historic Oak Tree, containing details on the site plan such as driveway, grading, connections to municipal services, trees to be preserved and detailed elevations outlining the proposed restoration and any additions and alterations to be carried out on the dwelling prior to the release of the plan of subdivision or any component of the plan for registration. Details of the proposed garage or any other outbuilding, including elevations are also to be provided;

b) to provide and implement a traditional restoration plan for the Heritage Building that would be reviewed and approved by the Town (Heritage Section). The restoration plan is to be included in a site plan agreement for the property;

c) to complete the exterior restoration of the Heritage House, connect to all municipal services to the allocated lot (water, gas, hydro, cable, telephone etc.) and ensure basic standards of occupancy as confirmed by Building Standards Department within one year of registration of the plan of subdivision;

d) to ensure that the architectural design and elevations of dwelling proposed for adjacent lots is compatible with the restored heritage dwelling.

e) To ensure that the final proposed grading on the lots adjacent to Markham Heritage Block ‘A’ is consistent with the existing historic grading of the Building and historic oak tree;

f) To ensure that the historic front of the house retains a front yard appearance, the type of fencing in the area from the rear frame porch and brick addition eastward used should be limited to a low residential picket fence rather than privacy fencing;

7. The owner covenants and agrees to provide notice of the Heritage Building through the following means:

· to provide and install at its cost, an interpretative baked enamel plaque for the Heritage Building, in a publicly visible location on the property. The plaque is to be designed according to the specifications of the "Markham Remembered" program, and outline the history of the house. Details of the design and location of the plaque are to be submitted for review and approval of the Town (Heritage Section);

· to include the following notice in the Offer of Purchase and Sale for the Heritage Buildings on Lot --:

“PURCHASERS ARE ADVISED THAT THE EXISTING BUILDING AND HISTORIC OAK TREE ON THIS PROPERTY ARE DESIGNATED PURSUANT TO THE ONTARIO HERITAGE ACT AND IS SUBJECT TO A HERITAGE EASEMENT AGREEMENT WITH THE TOWN OF MARKHAM. ANY PROPOSED ADDITIONS OR ALTERATIONS TO THE EXTERIOR OF THE EXISTING BUILDING SHALL BE SUBJECT TO REVIEW AND APPROVAL OF PLANS BY THE TOWN."

CARRIED.

16. RESTORATION DESIGN CONCEPTS

7124 and 7166 14^th AVENUE, BOX GROVE COMMUNITY,

BOX GROVE HILL DEVELOPMENTS INC. - & BOX GROVE NORTH

7447 and 7449 9^th LINE, BOX GROVE COMMUNITY, BAL GREEN DEVELOPMENTS & WINTERBERRY GARDEN ESTATES

SCOTT RUSHLOW, DESIGNER (16.11)

Extracts: Manager, Heritage Planning

Senior Heritage Planner; T. Kanji,, Planner

HERITAGE MARKHAM RECOMMENDS:

THAT Heritage Markham has no objection to the proposed restoration plans for 7166 and 7124 14^th Avenue subject to confirmation of final details by Town (Heritage Section) staff;

AND THAT the proposed restoration plan for 7447 and 7449 9^th Line be referred to the Architectural Sub-Committee with delegated authority to approve on be half of Heritage Markham.

CARRIED.

17. PROPOSED RELOCATION AND RESTORATION CONCEPT

9486 MCCOWAN ROAD

“THE JONATHAN GOWLAND HOUSE”

MICHAEL AND VERONICA LARKIN (16.11)

Extracts: Manager, Heritage Planning

Senior Heritage Planner;

S. Kitagawa, Senior Planner

HERITAGE MARKHAM RECOMMENDS:

THAT consideration of the restoration and relocation concepts for the Jonathan Gowland House at 9486 McCowan Road be referred to the Architectural Review Sub-Committee with authority to approve.

CARRIED.

18. REQUEST FOR FEEDBACK

PROPOSED ADDITION

8 DAVID GOHN CIRCLE

PETER AND KARA JOHN (16.11)

Extracts: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT the applicant be requested to confirm with the Zoning department whether or not the proposal for an addition to 8 David Gohn Circle is in conformity with the zoning by-law;

AND THAT the applicant be forwarded a copy of the staff commentary with respect to the proposal;

AND THAT the applicant be requested to implement the following changes to the proposal:

· The roofline of the addition is to be lowered to beneath the eaves of the existing rear wing so that the addition is not visible;

· The proposed addition should not extend beyond the south wall line of the existing dwelling;

· The siding on the proposed addition should be board and batten with chamfered battens;

· All historic material, windows, trim, etc. which are displaced should be re-used in the proposed addition;

· The addition should have a wood shingle roof which is consistent with the original house;

· All new windows, doors, siding, colours, trim, etc, are to be consistent in material and appearance with the originals;

AND THAT the proposal be referred to the Architectural Review Sub-Committee for further review.

CARRIED.

19. PROPOSED PLAN OF SUBDIVISION

BOX GROVE COMMUNITY

ANIMATE CONSTRUCTION LIMITED (16.11)

Extracts: Manager, Heritage Planning

Teema Kanji, Senior Planner

HERITAGE MARKHAM RECOMMENDS:

THAT the two southernmost arms of the proposed subdivision that front onto 14^th Avenue (Animate Construction Limited – Box Grove Community) be subject to design controls to ensure compatibility of new construction to local heritage buildings and the hamlet character;

AND THAT the possibility of providing lots for relocated heritage houses be considered for the southernmost portions of the proposed subdivision.

CARRIED.

20. APPLICATION FOR ZONING AMENDMENT AND PLAN OF SUBDIVISION

7124 AND 7166 14^TH AVENUE

BOX GROVE HILL DEVELOPMENTS INC. AND BOX GROVE NORTH

PROPOSED DRAFT PLAN OF SUBDIVISION 19TM-030012 (16.11)

Extracts: Manager, Heritage Planning

T. Kanji, Planner

The Manager, Heritage Planning, indicated that the recommendation includes the typical conditions for restoration of heritage buildings. He noted that the two heritage buildings were located in the areas designated for storm water retention ponds and therefore had to be relocated within the subdivision.

HERITAGE MARKHAM RECOMMENDS:

That the following be included as conditions of in the subdivision agreement under the heading “Heritage” for the plan of subdivision incorporating the two heritage dwellings currently known as 7124 and 7166 14^th Avenue:

Heritage

1. Prior to final approval of the draft plan of subdivision or any phase thereof, the Owners shall carry out a cultural heritage resource assessment for the lands within the draft plan to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of Development Services) and the Ministry of Culture. No demolition, grading, filling or any form of soil disturbances shall take place on the lands within the draft plan prior to the issuance of a letter from the Ministry of Culture to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements.

3. The owner covenants and agrees to relocate the Heritage Buildings (John Noble Ramer House and the John Mapes House), known municipally as 7124 and 7166 14^th Avenue from their original locations to new lots at the northwest corner of 14^th Avenue and the new Ninth Line By-Pass;

4. The owner covenants and agrees to implement measures to protect the Heritage Buildings through the following means:

a. The owner is to enter into a Heritage Easement Agreement for each of the buildings with the Town prior to the release of the plan of subdivision, or any phase, for registration;

b. The owner has permitted the designation of the property under Part IV of the Ontario Heritage Act ;

c. The owner is to provide a $25,000 Letter of Credit for each dwelling to ensure the preservation of the existing buildings (total $50,000). The letter of credit shall be retained for use by the Town and shall not be released until the construction and grading on the subject lands and adjacent lots, and roads has been completed to the satisfaction of the Town (Commissioner of Development Services), the building has been connected to municipal services and the buildings meet the basic standards of occupancy as confirmed by the Building Standards Department;

5. The Owner covenant and agrees to implement the following measures recommended by the Town to protect the Heritage Buildings:

a) The owner is to provide at its expense a legal survey of the Heritage Buildings to facilitate the registration of the designation and easement agreements on the created lots;

b) to maintain the Heritage Buildings in good and sound condition at all times prior to and during the development of the property

c) to secure and protect the Heritage Buildings from damage through procedures carried out according to the Town of Markham Guidelines for the Boarding of Heritage Structures;

d) to erect a "No-trespassing" sign in a visible location on the properties indicating that the Heritage Buildings are to be preserved onsite and should not be vandalized and/or scavenged, and install a 4m high fence around the perimeter of the house (snow fence is permissible) to protect the dwelling until the completion of construction in the vicinity or the commencement of long-term occupancy of the dwelling as confirmed by Town (Heritage Section) staff.

6. The owner covenants and agrees to preserve the Heritage Buildings through the following means:

a) to enter into a site plan agreement with the Town for each of the Heritage Buildings, containing details on the site plan such as driveway, grading, connections to municipal services, trees to be preserved and detailed elevations outlining the proposed restoration, the new foundation and any additions and alterations to be carried out on the dwelling prior to the release of the plan of subdivision or any component of the plan for registration. Details of the proposed garage or any other outbuilding, including elevations are also to be provided;

b) to provide and implement a traditional restoration plan for the Heritage Buildings that would be reviewed and approved by the Town (Heritage Section). The restoration plan is to be included in a site plan agreement for each of the properties;

c) to complete the exterior restoration of the Heritage Houses, connection of all municipal services to the allocated lot (water, gas, hydro, cable, telephone etc.) and ensure basic standards of occupancy as confirmed by Building Standards Department within one year of registration of the plan of subdivision;

d) to ensure that the architectural design and elevations of dwellings proposed for adjacent lots is compatible with the restored heritage dwelling;

e) To ensure that the final grading of the lots upon which the Heritage Buildings are to be relocated is consistent with the existing grading on adjacent lots;

f) To ensure that the historic front of the Heritage Buildings retains a front yard appearance, the type of fencing should be limited to a low residential picket fence rather than privacy fencing;

7. The owner covenants and agrees to provide notice and commemoration of the Heritage Buildings through the following means:

· to provide and install at its cost, an interpretative baked enamel plaque for each of the Heritage Buildings, in a publicly visible location on the property. The plaque is to be designed according to the specifications of the "Markham Remembered" program, and outline the history of the house. Details of the design and location of the plaque are to be submitted for review and approval of the Town (Heritage Section);

· to include the following notice in the Offer of Purchase and Sale for the Heritage Buildings:

"PURCHASERS ARE ADVISED THAT THE EXISTING BUILDING ON THIS PROPERTY IS DESIGNATED PURSUANT TO THE ONTARIO HERITAGE ACT AND IS SUBJECT TO A HERITAGE EASEMENT AGREEMENT WITH THE TOWN OF MARKHAM. ANY PROPOSED ADDITIONS OR ALTERATIONS TO THE EXTERIOR OF THE EXISTING BUILDING SHALL BE SUBJECT TO REVIEW AND APPROVAL OF PLANS BY THE TOWN."

CARRIED.

21. APPLICATION FOR ZONING AMENDMENT AND PLAN OF SUBDIVISION

7447 AND 7449 NINTH LINE - BALGREEN DEVELOPMENTS AND

WINTERBERRY GARDEN ESTATES INC

DRAFT PLAN OF SUBDIVISION 19TM 030015 (16.11)

Extracts: Manager, Heritage Planning

Teema Kanji, Senior Planner

HERITAGE MARKHAM RECOMMENDS:

Heritage

1. Prior to final approval of the draft plan of subdivision or any phase thereof, the Owners shall carry out a cultural heritage resource assessment for the lands within the draft plan to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of Development Services) and the Ministry of Culture. No demolition, grading, filling or any form of soil disturbances shall take place on the lands within the draft plan prior to the issuance of a letter from the Ministry of Culture to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements.

3. The owner covenants and agrees to retain the Heritage Buildings (Josephus Reesor House and Josephus Reesor Tenant House), known municipally as 7447 and 7449 Ninth Line on their original locations;

4. The owner is to implement measures to protect the Heritage Buildings through the following means:

a) The owner is to enter into a Heritage Easement Agreement for the buildings with the Town prior to the release of the plan of subdivision, or any phase, for registration;

b) The owner has permitted the designation of the property under Part IV of the Ontario Heritage Act ;

c) The owner is to provide a $25,000 Letter of Credit for each dwelling to ensure the preservation of the existing buildings (total $50,000). The letter of credit shall be retained for use by the Town and shall not be released until the construction and grading on the subject lands and adjacent lots, and roads has been completed to the satisfaction of the Town (Commissioner of Development Services), the building has been connected to municipal services and the buildings meet the basic standards of occupancy as confirmed by the Building Standards Department;

5. The Owner covenant and agrees to implement the following measures recommended by the Town to protect the Heritage Buildings:

a) The owner is to provide at its expense a legal survey of the Heritage Buildings to facilitate the registration of the designation and easement agreements on the created lots;

b) to maintain the Heritage Buildings in good and sound condition at all times prior to and during the development of the property

c) to secure and protect the Heritage Buildings from damage through procedures carried out according to the Town of Markham Guidelines for the Boarding of Heritage Structures;

d) to erect a "No-trespassing" sign in a visible location on the properties indicating that the Heritage Houses are to be preserved onsite and should not be vandalized and/or scavenged, and install a 4m high fence around the perimeter of the house (snow fence is permissible) to protect the dwelling until the completion of construction in the vicinity or the commencement of long-term occupancy of the dwelling as confirmed by Town (Heritage Section) staff.

e) The owner covenants and agrees to preserve the Heritage Buildings through the following means:

7. The owner covenants and agrees to provide notice and commemoration of the Heritage Buildings through the following means:

· to include the following notice in the Offer of Purchase and Sale for the Heritage Buildings:

CARRIED.

22. UNIONVILLE SESQUICENTENNIAL (16.11)

Extracts: Manager, Heritage Planning

John Ryerson, Varley Art Gallery

The Heritage Planner advised that a list of events for the Unionville Sesquicentennial

was included with the agenda. The Committee reviewed the list and suggested that it might be possible for Heritage Markham to ‘partner’ with one of the event organizers. Use of the Heritage Markham exhibit could also be considered.

The Committee asked staff to contact John Ryerson at the Varley Art Gallery to explore opportunities for Heritage Markham to participate .

HERITAGE MARKHAM RECOMMENDS:

THAT the material with respect to the Unionville Sesquicentennial be received as information;

AND THAT Heritage Markham convey its willingness to partner with the one of the participants of the Unionville Sesquicentennial Program.

CARRIED.

23. 42 JOSEPH STREET, MARKHAM VILLAGE

WINDOW REPLACEMENT

Extracts: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT the report regarding 42 Joseph Street, Markham Village – window replacement, be deferred to the March meeting of Heritage Markham.

CARRIED.

24. PROPOSAL FOR 26 ALBERT STREET, MARKHAM VILLAGE HCD

CAMPBELL HOUSE

MR. JOHN WANNOP

Extracts: Manager of Heritage Planning (16.11)

Mr. John Wannop was in attendance to discuss the proposed development for 26 Albert Street, Markham Village HCD. The Manager, Heritage Planning, provided a review of the application noting that a demolition approval granted in 1995 was rescinded by Council on December 3, 2002. He further advised that a demolition permit was not granted since approval to demolish the structure was subject to the owner obtaining Site Plan Approval. He noted that suggestions have been made by the Town with respect to retention of the heritage building, however, Mr. Wannop wishes to proceed with the demolition and construct two new houses.

Mr. Wannop noted that the condition of the dwelling at 26 Albert Street is not conducive to restoration and not financially feasible. He indicated that demolition was supported in 1995 due to the structure not being worthy of retention. He was aware that Site Plan Approval would be required and asked if the proposed designs previously reviewed by Heritage Markham could be revisited and further refined and the design concepts supported. He advised that a formal Site Plan Application will be submitted and asked if he should submit the plans previously supported by Heritage Markham in 2000.

HERITAGE MARKHAM RECOMMENDS:

THAT Heritage Markham affirms its position that the Campbell House at 26 Albert Street be retained, restored and incorporated into any proposed development on the subject property.

CARRIED.

25. PROPOSED ADDITION TO A HERITAGE HOUSE

MR. PETER TONDL AND MS. CATHERINE KAPOSI

11 ECKARDT AVENUE, UNIONVILLE HCD

Extracts: Manager of Heritage Planning; Heritage Planner

George Duncan, Heritage Planner

The Heritage Planner noted that 11 Eckardt Avenue, Unionville has been sold and the new owner was in attendance (Mr. Peter Tondl). Mr. Tondl proposes to add a two storey addition to the rear of the existing house. A site plan control application has not yet been submitted, however, the preliminary drawings have been provided to Heritage Markham for comment. It was suggested that the item be referred to the Architectural Review Committee.

HERITAGE MARKHAM RECOMMENDS:

THAT the concept for a proposed addition to a heritage house – 11 Eckardt Avenue, Unionville HCD, be referred to the Architectural Review Sub-Committee for a detailed review and recommendations.

CARRIED.

26. MINOR VARIANCE APPLICATIONS A/12/04 AND A/13/04

MR. AMIR CHARMCHI

77 JOHN STREET, THORNHILL HCD

Extracts: Manager of Heritage Planning

Tim Williams, Committee of Adjustment

The Heritage Planner advised that Town (Heritage Section) staff have worked with the owner of 77 John Street to achieve façades that will complement the streetscape on John Street. The reduced sideyards preserve the architectural integrity of the proposed designs. The houses are set well back from John Street so that the impact of the increased length of the houses would appear to be minimal.

HERITAGE MARKHAM RECOMMENDS:

THAT Heritage Markham generally supports the design concept illustrated on elevations submitted for two new houses at 77 John Street subject to the applicant bringing the plans back to Heritage Markham for formal comment as part of the Site Plan Approval process;

AND THAT Heritage Markham has no comment with respect to the Minor Variance Applications A/12/04 and A/13/04.

CARRIED AS AMENDED.

27. LETTER FROM TONY AND ANGELA FARR

RE: PROPOSED DETACHED GARAGE

26 CHURCH LANE, THORNHILL HCD

Extracts: Manager of Heritage Planning; Senior Heritage Planner

HERITAGE MARKHAM RECOMMENDS:

THAT Heritage Markham receive the correspondence with respect to the proposed detached garage at 26 Church Lane as information.

CARRIED.

28. HERITAGE DAY RECEPTION – ONTARIO HISTORICAL SOCIETY

Extracts: Manager of Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT the notice of the Heritage Day Reception – Ontario Historical Society, be received as information.

CARRIED.

29. HISTORIC THORNHILL NEWSLETTER – FEBRUARY 2004 ISSUE

Extracts: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT the Historical Thornhill Newsletter – February 2004 Issue be received as information.

CARRIED.

30. MARKHAM ECONOMIST AND SUN, THURSDAY, JANUARY 9, 2004

“NATIVE IN COURT TO PROTECT HURON SITE”

Extracts: Manager, Heritage Planning

HERITAGE MARKHAM RECOMMENDS:

THAT the newspaper article entitled “Native in Court to Protect Huron Site” from the January 9, 2004 Markham Economist and Sun, be received as information.

CARRIED.

31. PHASE 2 – 16^TH AVENUE YORK DURHAM SEWER PROJECT

EFFECTS OF DEWATERING

LETTER FROM LORNE SMITH

Extracts: Manager, Heritage Planning

Joan Natoli submitted an email received from Lorne Smith expressing concerns with

respect to the dewatering that is occurring as part of the York Durham Sewer Project.

Mr. Smith voiced his concerns with respect to the possibility of reducing the water

table to such an extent that heritage trees may eventually die.

HERITAGE MARKHAM RECOMMENDS:

THAT the email dated February 8, 2004, from Lorne Smith regarding the dewatering occurring as part of the York Durham Sewer Project, be received as information.

CARRIED.

32. 163 JOHN STREET - THORNHILL

CONCERNS RELATING TO REAL ESTATE SIGN ON PROPERTY

Extracts: Manager, Heritage Planning

Councillor Stan Daurio

Regional Councillor Bill O’Donnell

Judy Dawson-Ryan advised that the real estate sign at 163 John Street suggests that this property can be used to construct a residence with a ‘3 car garage and much more’. The suggestion that this type of residence can be constructed on the property is misleading to the public. She recommended that the real estate broker be contacted to ensure that they are aware that this structure is in a heritage area. It was suggested that the Ward Councillor and/or the Regional Councillor be requested to telephone the real estate broker and indicate the misleading nature of this sign.

HERITAGE MARKHAM RECOMMENDS:

THAT the verbal report from Judy Dawson-Ryan with respect to the real estate sign

at 163 John Street, be received as information.

CARRIED.

The meeting adjourned at 9:20 p.m.