RECOMMENDATION:
THAT Heritage Markham’s recommendation to
designate the Clendennen Cemetery located on Part Lot 17, Concession 8 (Block 104,
Draft Approved Plan of Subdivision 19TM-93005
Swan Lake Holdings Inc.) under Part IV
of the Ontario Heritage Act be approved;
AND
THAT the Clerks Department be authorized to:
·
publish and serve Council’s Notice of Intention to
Designate as per the requirements of the Act; and,
·
prepare the Designation By-law for this property.
PURPOSE:
To recommend to Council that the Clendennen Cemetery located on
Part Lot 17, Concession 8, (Block 104, Draft Approval Plan of Subdivision
19TM-93005 be designated under Part IV of the Ontario
Heritage Act.
BACKGROUND:
Small Family
Pioneer Cemetery located in the Swan Lake Community
The small 12’ x 12’ parcel located on Lot 17,
Concession 8 Markham, which is located north of 16th Avenue and east
of Highway 48, contains an historic pioneer cemetery known as the Clendennen
Cemetery. The property forms part of
the Swan Lake Secondary Plan Area (O.P.A. 17).
The
family cemetery for the Clendennen family established in 1855
The cemetery, established in 1855, contains
the known remains of five members of the Clendennen family, one of Markham’s
most prominent early settler families.
Four of the marble markers are still standing in the cemetery and the
fifth is laid down but legible.
Clendennen family history indicates that there may be other family
members buried in the cemetery whose stones are no longer in existence. The last known burial in the cemetery was in
1865.
Secondary
Plan supported closure and relocation of cemetery
While the Official Plan recognizes the
heritage significance of pioneer cemeteries to the Town and discourages their
closure, the Swan Lake Secondary Plan (O.P.A. 17) indicates that it is intended
that the cemetery “shall be closed and that the remains, together with the
associated grave markers be relocated, by the proponents of the development to
the satisfaction of the Town and subject to approval of the Ministry of
Consumer and Commercial Relations”. In
advance of the development of the subject lands, the applicant applied to the
Registrar of Cemeteries to permit closure of the cemetery, as provided for in
the Ontario Cemeteries Act (Revised).
Application
for closure appealed
The application for closure was appealed by
the Ontario Historical Society and the Ontario Genealogical Society. The appeals were filed as a result of
concerns raised by the living descendants of the Clendennen family over closure
and the general concerns about the closing of a historic cemetery site,
disturbance of human remains and the potential loss to the historical
record.
Appeal
Tribunal recommends that cemetery not be closed and relocated
The appeal of the closure of the cemetery was
considered at a hearing of the Commercial Registration Appeal Tribunal, held
between November 27, 1995 and July 30, 1997.
After hearing the arguments of all parties the Tribunal recommended in
its decision dated February 24, 1999, that the Cemetery not be closed and
relocated.
Town
has worked to ensure preservation of cemetery in situ
In respect of the decision of the Tribunal,
Town (Development Services) staff has actively worked with the owner of the
property since that time to ensure that the Clendennen Cemetery is
appropriately retained and protected in the plans for the lands surrounding the
site.
Draft
approved plan provides for retention of Cemetery
The lands are currently the subject of an
application for Plan of Subdivision (SU 93-005) to permit development of a
residential community. As a result of the Commercial Registration Appeal
Tribunal decision, the draft approved plan (19T-93005) provides for the
retention of the Clendennen Cemetery.
Cemetery is to be conveyed to the Town
As part of the conditions of
draft approval, the owner is required to retain the cemetery in its existing
location where it will be located on Open Space Block 104. The open space block is to be conveyed to
the Town upon registration of the plan of subdivision. A landscape/fencing plan, grading plan,
historical plaque and headstone restoration will be required as part of the
subdivision agreement/registration process.
The need for perpetual care funding from the Developer will be addressed
in the subdivision agreement. The
Markham Cemetery Committee acts on behalf of the Town to maintain a number of
historic pioneer cemeteries throughout Markham and will be responsible for this
cemetery.
Heritage Markham recommends designation
In recognition of the
heritage significance of the Clendennen Cemetery, Heritage Markham recommended,
at its March 12, 2003, meeting that it be designated under Part IV of the Ontario
Heritage Act.
Designation of the cemetery would recognize
its heritage significance
As part of its
designation program, the Town of Markham has designated a number of pioneer
cemeteries in the Town under the Ontario Heritage Act. To date, those cemeteries are either located
in heritage conservation districts or are churchyards associated with
designated churches. The Clendennen
Cemetery would be the first cemetery, individually designated entirely on its
own merits. While it is buildings,
which are most commonly designated under the Ontario Heritage Act, the
individual designation of cultural landscapes and historic cemeteries is also
permitted. Designation is an important
tool for recognizing the significance of historical sites, for ensuring their
long-term protection and to provide access to any relevant funding programs for
cemetery preservation that may become available in the future.
OPTIONS/DISCUSSION:
The Clendennen Cemetery is a significant heritage resource
The Clendennen Cemetery is a significant heritage resource to the Town
of Markham. The site represents the
last resting place of some of Markham’s earliest settlers and is a significant
example of an early pioneer homestead cemetery. Together with the nearby Adam Clendennen House at 9516 Ninth
Line, which has been designated under Part IV of the Ontario Heritage Act
these two properties form a significant historic grouping of historically
related sites associated with a prominent Markham pioneer family. An outline of
the heritage attributes of the cemetery is included in the Heritage Designation
Report, attached as Appendix ‘B’.
It is recommended that the Clendennen Cemetery be designated under the
Heritage Act.
FINANCIAL
CONSIDERATIONS:
No financial implications are to be considered in this
report
BUSINESS UNITS
CONSULTED AND AFFECTED:
Action
required by Clerks Department
Should Council concur with the recommendation to designate the Clendennen Cemetery located on
Part Lot 17, Concession 8, (Block 104, Draft Approved Plan of
Subdivision 19TM 93005), the Clerks Department should be authorized to:
·
publish and serve on the property owners, the
Ontario Heritage Foundation and the public through a newspaper advertisement,
Council’s notice of intention to designate the property as per the requirements
of the Act; and,
·
prepare the Designation By-law for the property at
the
Clendennen Cemetery.
ATTACHMENTS:
Figure 1 - Applicant/Agent +
Location Map
Figure 2 - Aerial photograph of the Clendennen Cemetery located on Part Lot
17, Concession 8
Appendix ‘A’ - Draft Approved Subdivision Plan showing Clendennen Cemetery
Appendix ‘B’ - Designation Report, ” the Clendennen Cemetery located on
Part Lot 17, Concession 8
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Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director
of Planning and Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner
of Development Services
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FIGURE 1
Document #: Q:\Development\Heritage\SUBJECT\CEMETERY\pms0408.doc
OWNER: Swan
Lake Holdings Inc.
c/o Walter Tartaglia
480 Main Street North
Brampton, ON
L6V 1P8
(905) 455-5848
OTHER CONTACTS: Patricia Neal
Executive Director
Ontario Historical Society
34 Parkview Avenue
Willowdale, Ontario, M2N 3Y2
Telephone:
416-226-9011
Fax:
416-226-2740
Lorne Smith
Markham Cemetery Committee
10292 McCowan Road
Markham, ON
L3P 3J3
(905) 640-9394 (fax)
