SUBJECT: Request for removal from Municipal Register and demolition of The Charles Fothergill House and Farm.

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1 Page 1 of Report PB TO: FROM: Development and Infrastructure Committee Planning and Building Department SUBJECT: Request for removal from Municipal Register and demolition of The Charles Fothergill House and Farm. Report Number: PB Wards Affected: 5 File Numbers: Date to Committee: May 17, 2016 Date to Council: June 13, 2016 Recommendation: Receive the owner s request for removal of the property at 1309 Appleby Line from the Municipal Register (MR) and to demolish The Charles Fothergill House and Farm on the subject property; and State an intention to designate the property at 1309 Appleby Line pursuant to Part IV of the Ontario Heritage Act, Section 29.(1.1), R.S.O.1990, Chapter O.18, as amended; and Authorize the City Clerk to present the designation by-law to Council provided that there is no objection to the statement of intention to designate the property at 1309 Appleby Line pursuant to Part IV of the Ontario Heritage Act, Section 29.(6), R.S.O.1990, c.o.18, as amended; and Authorize the City Clerk to take necessary actions (indicated in Report No. PB-46-16, page 12) in the event of any objections to the statement of intention to designate the property at 1309 Appleby Line pursuant to Part IV of the Ontario Heritage Act, Section 29.(7), R.S.O.1990, c.o.18, as amended.

2 Page 2 of Report PB Purpose: The purpose of this report is to advise City Council that the Planning and Building Department has received a Demolition Pre-Permit Clearance application and letters that indicate the intentions of the four property owners to remove 1309 Appleby Line from the Municipal Register and demolish the heritage house that is locally known as The Charles Fothergill House and Farm. This report outlines the cultural heritage value or/and interest of the house and property. Staff recommends that based on the cultural heritage value and considering the Official Plan policies, Council state an intention to designate the property at 1309 Appleby Line pursuant to Part IV of the Ontario Heritage Act, and refuse the request to demolish the house. Background:

3 Page 3 of Report PB The Charles Fothergill House and Farm at 1309 Appleby Line is a red brick residence that was constructed in 1896 by Slater of Dundas; and the property was operated as a mixed-use farm. The subject land is located on the north-east intersection of Mainway and Appleby Line. The Planning and Building Department has received a Demolition Pre-Permit Clearance application from the four owners of 1309 Appleby Line. The intention of the application is to demolish The Charles Fothergill House and Farm on the subject property due to vandalism and trespassing on the property. A Fire Department inspection order (dated, March 3 rd, 2016) stated that the building appears to be vacant and is not secured which encourages unwanted access or entry; and orders that pursuant to the Fire Protection and Prevention Act, (1) the building on 1309 Appleby Line shall be secured to prevent unauthorized entry; and (2) the materials and methods of securing the building shall be substantial enough to resist and discourage unwanted access or entry. In accordance with the Ontario Heritage Act, a 60-day review period applies once notice of intention to demolish any structure on the Municipal Register property has been received. On April 21 st, 2016, the City received final signed requests to demolish the building from all of the four property owners, and the 60-day review period commenced. Council must therefore render a decision on or prior to June 19 th, If no Council decision is received within the 60-day review period, a demolition permit must be granted under the Building Code Act. A property cannot remain on the Municipal Register once an intention to demolish has been received. Instead, Council must make a decision as to whether to designate the property pursuant to the Ontario Heritage Act in order to protect it from demolition or to remove the property from the Municipal Register to allow its demolition.

4 Page 4 of Report PB The subject property (7.4 ha) is located in the Uptown Mixed Use Centre. The lands are designated Uptown Mixed Use Corridor Employment and zoned "D" "Development Zone". A site specific Official Plan Policy Part III, Section c) applies to this property: Consideration shall be given to the protection and integration of the heritage features found in the existing farm cluster into proposed developments at the north-east corner of Appleby Line and Mainway. A request has been made by the property owners for conversion of the property to permit residential uses. A planning justification report in support of the conversion request was prepared by IBI Group on behalf of the property owners. This request will be considered as part of the municipal comprehensive review of Employment Lands. According to Burlington s Heritage Resource Inventory, the subject property was given an A grade when it was evaluated by Heritage Burlington (formerly LACAC) in In 2014, Heritage Burlington retained a Heritage Consultant (ARA Ltd.) to conduct a review of all formerly graded A properties to determine whether they have cultural heritage value or interest and belong on the Municipal Register. This consultant recommended that 1309 Appleby Line should remain on the Municipal Register. Discussion: Following the receipt of the owner s application, the Planning Department hired ARA Ltd. to conduct an in-depth evaluation of the subject property according to Ontario Regulation 9/06, and in the context of Burlington s Official Plan policies. The evaluation report states that 1309 Appleby Line meets three of the criteria of Ontario Regulation 9/06 under the Ontario Heritage Act. The report concludes that the subject property may be considered for designation; and further, a Heritage Impact Assessment may be required prior to the approval of any proposed developments on the property, consistent with the Official Plan policies. The evaluation report by ARA Ltd. is attached to this report in Appendix.

5 Page 5 of Report PB STATEMENT OF SIGNIFICANCE / CULTURAL HERITAGE VALUE OR INTEREST The cultural heritage value or interest of The Charles Fothergill House and Farm / The Fothergill-Taylor House resides in its significant physical or design, historical or associative, and contextual values: Physical / Design Value The Charles Fothergill House and Farm is representative of a building from the Victorian era with Queen Anne Revival elements. The house is a two-and-a-half-storey brick structure with a recessed two-storey side wing. The house has hipped roof, and rubblestone foundation topped by projecting brick courses. The façade and south elevation have offset two-storey bays topped by a gable with decorative bargeboard (gingerbread) above a small arched window. Typical of the Queen Anne style is the hipped roof and multi-gabled roofline, and asymmetrical façade (west elevation and southeast elevation). Also, typical of the Queen Anne style is the variety of window types that includes large arched window openings found on the two-storey bays, segmentally arched entranceways, segmentally arched windows, as well as the paired segmentally arched windows on the second floor above the front entranceway. All window and door openings have radiating brick voussoirs, and several windows have wood sills. Two red brick chimneys are found on the house, one on the rear (east elevation) and one on the south elevation, though this one no longer extends past the roofline. The Queen Anne style is further displayed in the decorative bargeboard in the gables, as well as in the decorative projecting brick aprons, under the bay windows at all levels. Historical / Associative Value The property is associated with the Fothergills, early pioneers in Nelson Township and a founding family of Appleby Village. The Crown Patent was issued to Christopher Fothergill in Christopher Fothergill, along with John Alton and John Atkinson, are considered the founders of Appleby Village. The subject land was transferred through the Fothergill family from Christopher to his son John, and on to John s son Charles. The house was constructed under the ownership of Charles Fothergill. It is believed that

6 Page 6 of Report PB this house was built by Slater of Dundas. This may be a reference to J & K Slater, who also built a church in Appleby in the early 1900s. Charles' younger brother, Thomas Fothergill, farmed the Fothergill property on the west side of Appleby Line. In 1900, Charles and Amelia Fothergill sold their farm property and moved to Dundas. The subject property is also associated with the Taylor family, who farmed the property for over 50 years. The land came into the Taylor family in 1945, when it was sold by Ernest Featherstone to Jack Howard Taylor. The Taylor property remained under the ownership of John and Ruth Taylor until 1989, when it came under the joint ownership of five members of the Taylor Family. John and Ruth Taylor farmed the property until 1997, when John was 83 years old, after which it was rented to tenant farmers. Following the death of their parents, the Taylor children assumed ownership of 1309 Appleby Line. Contextual Value The Charles Fothergill House and Farm is one of the last remnants of the Village of Appleby. The former village crossroads was located just south of the property at Appleby Line and Middle Road. Most of the village was demolished in the 1950s for construction of the QEW. The property was the last working farmstead of the former village. Typical of a farmstead, the house is set back from the road with a large front lawn and is surrounded by mature trees. Cultural Heritage Attributes Contextual relationship of the farmstead to the Appleby Village setting; Historical relationship of the property and house to the Fothergill family; Two and-a-half storey red brick structure with two-storey side wing; Hipped roof; Rubblestone foundation topped by projecting brick courses; Offset two-storey bays topped by a gable with decorative bargeboard above a small arched window on the façade and south elevation;

7 Page 7 of Report PB Variety of window types including large arched window openings found on the two-storey bays, segmentally arched entranceways, segmentally arched windows, as well as the paired segmentally arched windows on the second floor above the front entranceway; Radiating brick voussoirs on all window and door openings, and wood sills on several windows; Two red brick chimneys - one on the rear and the other on the south elevation, though this one no longer extends past the roofline; Decorative bargeboard in the gables; Decorative projecting brick aprons under the bay windows at all levels; Set back from the road with a large front lawn; and Mature trees surrounding the house. Strategy/Process Ontario Heritage Act and Ontario Regulation 9/06 Criteria for Determining Cultural Heritage Value or Interest: In assessing a property s relative cultural heritage value, staff refers to Ontario Regulation 9/06. The Regulation outlines three main criteria of cultural heritage value, further divided into nine sub-criteria. Under Ontario Regulation 9/06, should the property satisfy at least one of the above criteria, it can be considered eligible for designation under Part IV of the Ontario Heritage Act. Staff s Opinion: Staff is of the opinion that The Charles Fothergill House and Farm / The Fothergill-Taylor House satisfies Ontario Regulation 9/06 with regard to all three criteria Design or Physical Value, Historical or Associative Value, and Contextual Value: Criteria Design or Physical Value Description Is a rare, unique, representative or early example of a style, type, expression, material or construction method Displays a high degree of craftsmanship or artistic value X

8 Page 8 of Report PB Displays a high degree of technical or scientific achievement Historical or Associative Value Contextual Value Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community Yields or has the potential to yield information that contributes to the understanding of a community or culture Demonstrates or reflects the work or ideas of an architect, builder, artist, designer or theorist who is significant to a community Is important in defining, maintaining or supporting the character of an area Is physically, functionally, visually or historically linked to its surroundings Is a landmark X X Table 1: Evaluation of Cultural Heritage Value or Interest of The Charles Fothergill House and Farm on 1309 Appleby Line according to Ontario Regulation 9/06 Staff is of the opinion that The Charles Fothergill House and Farm is representative of an early style (Victorian with Queen Anne elements); and an original brick structure. Based on the consultant s assessment, the rear addition and recent damage to the house have been identified; however, the overall architectural style of the house remains intact. The property has significant associative or historical value as it is associated with the Fothergill Family, who were early pioneers in Nelson Township, and a founding family in Appleby Village. The Fothergill-Taylor House is also contextually significant as it is physically and historically linked to Appleby Village. The house is one of the last remnants of the Village of Appleby; and stands as a touchstone to this rural farming community.

9 Page 9 of Report PB Official Plan Policies Burlington s Official Plan contains a number of policies related to the conservation of Cultural Heritage Resources. Part II, Section 8 of the Plan requires that: The City shall protect, improve and manage its cultural heritage resources in a manner that furthers the heritage objectives of this Plan and sets an example of leadership for the community in the conservation of cultural heritage resources. Cultural heritage conservation planning shall be an integral part of the land use planning process in the City of Burlington (Section a). Further, the Official Plan requires that: The designation of individual cultural heritage properties and cultural heritage landscapes under the provisions of the Ontario Heritage Act shall be pursued to implement the cultural heritage conservation objectives and policies of this Plan (Section a). The Official Plan also provides an option for the City to request a Heritage Impact Statement; specifically, Section b) states that: Completion of a Heritage Impact Statement shall be required prior to any approvals for proposed development where the City foresees potential adverse impacts on the cultural heritage attributes (including important vistas and streetscape) of a property designated pursuant to the Ontario Heritage Act, or on a property worthy of designation. Completion of a Heritage Impact Statement may be required prior to any approvals for proposed development where the City foresees potential adverse impacts on the cultural heritage attributes of any other property identified on the City s Inventory of Cultural Heritage Resources.

10 Page 10 of Report PB The Official Plan (Part III) discusses the Uptown Mixed Use Corridor Employment area; and Section c) addresses this property in particular and states that consideration shall be given to the protection and integration of the heritage features found in the existing farm cluster into proposed developments at the north-east corner of Appleby Line and Mainway. The retention and designation of this house should be pursued, so that it can be incorporated into the future redevelopment plans for the site, and provide evidence of Burlington s past (Appleby Village). Options Considered The subject property is included on the Municipal Register as a non-designated property. Council has two options in dealing with the demolition request: i. State an intention to designate the property pursuant to Part IV of the Ontario Heritage Act; or ii. Remove the property from the Municipal Register such that the heritage structure on the property can be demolished. Staff is of the opinion that the 1309 Appleby Line merits designation for the reasons outlined above based on the criteria in Ontario Regulation 9/06 under the Ontario Heritage Act. Therefore, staff recommends that Council state its intention to designate the property. The demolition of this house would mean a significant loss of the property s cultural heritage value, and a loss of a piece of Burlington s history. Staff respectfully submits that a third option would be to allow Heritage Burlington and staff to enter into discussion with the property owners and recommend that the request for demolition be withdrawn until such time as a comprehensive review of options for potential conservation of the heritage house be explored.

11 Page 11 of Report PB Financial Matters: There are no financial matters arising from staff s recommendation to state an intention to designate 1309 Appleby Line. If, however, an objection to Council s statement of intention to designate is received, costs associated with the Conservation Review Board (CRB) hearing may ensue. Other Resource Impacts Should Council accept staff s recommendation to designate the property, Burlington s Heritage Property Tax Rebate program (HPTRP) would be available to the owners of the subject property. Currently, the program is only for residential properties designated under the Ontario Heritage Act. Additionally, the property owners would also be eligible to apply for the Community Heritage Fund (CHF) for eligible conservation work on the heritage house at 1309 Appleby Line. This would cover up to 25% of the eligible project costs to a maximum of $15,000. Environmental Matters: There are no environmental matters associated with staff s recommendation. However, should Council wish to approve the owners request, staff recommends that the owners be encouraged to salvage building materials to the greatest extent possible prior to the building s demolition. This would assist in diverting building debris from landfills. Public Engagement Matters: There was no public consultation concerning this report; however, Heritage Burlington was consulted. This report is listed in the regular Development and Infrastructure Committee agenda. The property owners will be notified of staff s recommendation ten (10) days prior to the Development and Infrastructure Committee meeting according to the Act.

12 Page 12 of Report PB Should Council accept staff s recommendation to state its intention to designate 1309 Appleby Line, the Ontario Heritage Act, and Section 29. (1.1) requires that notice of intention to designate be given to the City Clerk, and that notice be served on owner of the property, Ontario Heritage Trust, and be published in a local newspaper as per the requirements noted below. The Notice of Intention to Designate must contain: a. An adequate description of the property so that it may be readily ascertained; b. A statement explaining the cultural heritage value or interest of the property and a description of heritage attributes of the property; and c. A statement that notice of objection to the designation may be served on the Clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality. If, upon the completion of the 30-day appeal period, no appeals are received, staff will bring forward the designation by-law of the subject property to Council for ratification. If a notice of objection to the designation by-law is received, Council, upon expiration of the 30-day appeal period, refers the matter to the Conservation Review Board for a hearing. The person who objects must file the appeal with City Clerk with the required fee and reasons for his/her objection. The Conservation Review Board then schedules a hearing. Following the hearing, the Conservation Review Board will prepare a report for City Council s consideration, and Council s decision will be the final decision. Heritage Burlington In accordance with the Ontario Heritage Act, Heritage Burlington has been notified about the application requesting the demolition of The Charles Fothergill House and Farm on 1309 Appleby Line. The committee will provide comments / recommendations in a separate memo to Council following its monthly May meeting (May 10 th, 2016).

13 Page 13 of Report PB Conclusion: Based on the cultural heritage value of 1309 Appleby Line, the property s inclusion on the Municipal Register is justified. Based on assessment of the property s cultural heritage value relative to Ontario Regulation 9/06, the property is worthy of designation pursuant to the Ontario Heritage Act. The property satisfies more than one of the required criteria as established in Ontario Regulation 9/06, and is consistent with the provincial policy directions and the City s Official Plan policies. This property is intended for eventual development, and the retention of the last remaining farmstead from Appleby Village can be creatively incorporated into a future development concept. Staff is of the opinion that the loss of this heritage house would deplete the heritage character of the City of Burlington. Each heritage property that is lost, incrementally undermines the City s ability to understand and celebrate its past through tangible physical resources. Therefore, staff recommends that Council state its intention to designate the property. Should Council wish to approve the demolition of the structure(s), staff recommends that prior to demolition, Heritage Burlington and staff be directed to work with the property owners to review options for historical records that include photographic records, measured drawings, or incorporation or partial conservation of the house. Respectfully submitted, Banani Afsana, Planner II , ext Appendices: a. Aerial Photo of The Charles Fothergill House and Farm b. Photographs of The Charles Fothergill House and Farm c. Evaluation Report by ARA Ltd.

14 Page 14 of Report PB Name: Eleanor Hepburn Donald Taylor Janet Taylor Walker Mary Lou Taylor-Hawley Heritage Burlington Ontario Heritage Trust Mailing or Address: c/o 427 Hillside Street Waterloo, ON N2K 2P2 Canada Jim Clemens, C/O Amber LaPointe, Clerks Dept. Chairman, 10 Adelaide Street East, Toronto, ON M5C 1J3 Approved by: Mary Lou Tanner, Director of Planning and Building Ann Marie Coulson, Acting Director of Finance Nancy Shea Nicol, Director of Legal Services & City Solicitor Nancy Shea Nicol, Acting City Manager

15 1309 Appleby Line (The Fothergill-Taylor House) PB Appendix A 1 : 2, Meters Date Department Comments Wednesday, April 13, 2016 Planning & Building The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

16 APPENDIX B REPORT NO. PB PHOTOGRAPHS OF THE CHARLES FOTHERGILL HOUSE AND FIRM / THE FOTHERGILL-TAYLOR HOUSE : (Pictures taken on April 6 th, 2016) Image 1: Façade (West Elevation) Image 2: Northwest Elevation

17 APPENDIX B REPORT NO. PB Image 3: Northwest Elevation Image 4: South Elevation

18 APPENDIX B REPORT NO. PB Image 3: East Elevation Image 6: View of Addition (Southeast Elevation)

19 APPENDIX B REPORT NO. PB Image 7: North Elevation Image 8: Detail of Wood Sill and Decorative Brickwork

20 APPENDIX B REPORT NO. PB Image 4: Detail of Brick Seam at Addition Image 5: Façade of Barn

21 APPENDIX B REPORT NO. PB Image 6: Wood Structure Image 7: Foundation of Demolished Barn

22 APPENDIX B REPORT NO. PB HISTORICAL PHOTOGRAPHS OF THE CHARLES FOTHERGILL HOUSE AND FIRM / THE FOTHERGILL-TAYLOR HOUSE : Image 8: 1309 Appleby Line (Perkins 1997) Image 9: 1309 Appleby Line (Burlington Historical Society 2012)

23 PB Appendix C Report on the City of Burlington Prepared for Banani Afsana, Planner II Heritage and Development City of Burlington 426 Brant Street Burlington, ON L7R 2Z6 By 154 Otonabee Drive Kitchener, ON N2C 1L6 Tel: (519) Fax: (519) /04/2016 Original

24 1.0 INTRODUCTION The City of Burlington has requested that (ARA) assist with evaluating the cultural heritage value or interest of 1309 Appleby Line according to Ontario Regulation 9/06 to determine if the property is worthy of designation under the Ontario Heritage Act. The property is currently listed on the City of Burlington s Municipal Heritage Register. This report examines the design of the property, presents the history of the property and describes its context. Using this information, the cultural heritage value or interest of the property is evaluated against the criteria of Ontario Regulation 9/06. A Statement of Cultural Heritage Value or Interest is then provided including a list of heritage attributes. The report includes an examination of the property within the context of the Official Plan policies as well as conclusions. 2.0 PROPERTY INFORMATION Civic Address: 1309 Appleby Line Common Name: The Charles Fothergill House and Farm; suggested The Fothergill Taylor House Legal Description: Part Lot 5, Concession 2 South of Dundas Street 3.0 PHOTOGRAPHS 1 Image 1: Façade of 1309 Appleby Line (Photo taken on April 6, 2016; Facing Northeast) April 2016

25 2 Image 2: Detail of Wood Sill and Decorative Brickwork of 1309 Appleby Line (Photo taken on April 6, 2016; Facing North) Image 3: Southeast Elevation of 1309 Appleby Line (Photo taken on April 6, 2016; Facing West) April 2016

26 3 Image 4: View of Addition of 1309 Appleby Line (Photo taken on April 6, 2016; Facing Northwest) Image 5: Northeast Elevation of 1309 Appleby Line (Photo taken on April 6, 2016; Facing Southwest) April 2016

27 4 Image 6: View of Addition at 1309 Appleby Line (Photo taken on April 6, 2016; Facing West) Image 7: View of Addition and Northwest Elevation at 1309 Appleby Line (Photo taken on April 6, 2016; Facing South) April 2016

28 5 Image 8: View of Addition at 1309 Appleby Line (Photo taken on April 6, 2016; Facing Southeast) Image 9: Northwest Elevation of 1309 Appleby Line (Photo taken on April 6, 2016; Facing Southeast) April 2016

29 6 Image 10: Detail of Brick Seam at Addition of 1309 Appleby Line (Photo taken on April 6, 2016; Facing Southeast) Image 11: Northwest and Façade of 1309 Appleby Line (Photo taken on April 6, 2016; Facing East) April 2016

30 7 Image 12: Façade of 1309 Appleby Line (Photo taken on April 6, 2016; Facing East) Image 13: Façade of Barn at 1309 Appleby Line (Photo taken on April 6, 2016; Facing Northeast) April 2016

31 8 Image 14: Foundation of Demolished Barn at 1309 Appleby Line (Photo taken on April 6, 2016; Facing Northeast) Image 15: Elevation of Wood Structure at 1309 Appleby Line (Photo taken on April 6, 2016; Facing North) April 2016

32 4.0 MAPS 9 Map 1: Location of 1309 Appleby Line (Produced by ARA under licence using ArcGIS software by Esri, Esri) April 2016

33 10 Map 2: 1309 Appleby Line on the 1858 Map (Tremaine 1858) April 2016

34 11 Map 3: 1309 Appleby Line on the 1877 Map (Pope 1877) April 2016

35 5.0 BACKGROUND INFORMATION 5.1 Architecture or Design 12 Representative of a building from the Victorian era with Queen Anne Revival elements Two-and-a-half storey brick structure with recessed two-storey side wing House has rubblestone foundation topped by projecting brick courses The house has a hip roof The façade and southeast elevation have offset two-storey bays topped by a gable with decorative bargeboard above a small arched window o Both bays display large arched windows with arched transom openings o The recessed side wing has a verandah with wooden columns and arched woodwork which covers a central entranceway flanked by windows On the first and second storeys of the bay are large arched window openings o Historic photos show that these windows had stained glass transoms (now removed or broken) The bay windows at all levels have decorative projecting brick aprons The front entranceway on the façade is segmentally arched with brick voussoirs o Historic photos show that this entranceway had a stained glass transom which echoes the arched windows o Historic photos show the doors were glazed and double panelled (see Image 16-Image 17) The façade has paired segmentally arched windows on the second floor above the front entranceway All windows have radiating brick voussoirs Several sills appear to be wood Two red brick chimneys are found on the house, one on the rear and one on the southeast elevation, though this one no longer extends past the roofline Rear elevation has a verandah with a shed roof Rear one-storey wing of the house is an addition constructed of red brick with a concrete block foundation According to the Perkins (1997), 'Charles Fothergill' is engraved into the chimney, however this was not seen during the site visit so this feature may be found on the interior of the building Barn on site is metal with a gambrel roof, which is likely modern Rubblestone foundation of a barn demolished in 1999 is still found on the property A wooden structure with a flat roof is also found on the property 5.2 History Constructed in 1896 Operated as a mixed-use farm Constructed by Slater of Dundas (Young 1988) April 2016

36 o This may be a reference to J & K Slater who also built a church at Appleby in the early 1900s (Nelson Women s Institute n.d.:26) Property owned by the Fothergill family (Abstract Index LRO#20) Crown Patent issued to Christopher Fothergill in 1845 Christopher Fothergill was considered a founder of Appleby, Ontario, along with John Alton and John Atkinson (Baggett 1980) Transferred from Christopher to his son John Fothergill by Probate of Will in 1854 o The land and extant [as of 1854] premises were bequeathed to Christopher's only son, John (Young 1988) Sold by John Fothergill to his son Charles Fothergill in 1889 o Charles Fothergill and Amelia Cole were married in 1889 o Fothergill assumed ownership of the Appleby Line Fothergill property (1309 Appleby Line) after his marriage to Amelia o 1309 Appleby Line was constructed under the ownership of Charles Fothergill o Charles' younger brother, Thomas Fothergill, farmed the Fothergill property on the west side of Appleby Line In 1899 (likely 1900 as per the Abstract Index) Charles and Amelia Fothergill sold their farm at Appleby and moved to Dundas (Young 1988) Charles Fothergill sold the property to John Emerson in 1900 (Abstract Index LRO#20) o Following ownership by the Emerson family there was frequent land purchases until 1945 Property under the ownership of the Taylor family (Abstract Index LRO#20) o Sold by Ernest Featherstone to Jack Howard Taylor in 1945 o The Taylor property remained under the ownership of John and Ruther Taylor until 1989, when it came under the joint ownership (1/5 interest/share) by John, his wife Ruth, son Donald, daughter Eleanor, daughter Janet, and daughter Mary Lou o John and Ruth Taylor farmed the property until 1997, when John was 83 years old, after which it was rented to tenant farmers o Following the death of their parents, the Taylor children (Donald, Janet, Eleanor and Mary Lou) assumed ownership of the property (1989/2015) 5.3 Context Situated in the former Village of Appleby o The last working farmstead of the former Village of Appleby (Perkins 1997) Located along Appleby Line, just north of the former crossroads (at Appleby Line and Middle Road) of the former village Most of the village was demolished in the 1950s for the QEW The house is set back from the road, with a lawn and surrounded by mature trees 13 April 2016

37 6.0 EVALUATION OF SIGNIFICANCE Table 1: Evaluation of the Cultural Heritage Value or Interest of 1309 Appleby Line According to Ontario Regulation 9/06 EVALUATION OF PROPERTY Criteria Description Is a rare, unique, representative or early example of a style, type, expression, material or Design or Physical Value Historical or Associative Value Contextual Value construction method Displays a high degree of craftsmanship or artistic value Displays a high degree of technical or scientific achievement Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community Yields or has the potential to yield information that contributes to the understanding of a community or culture Demonstrates or reflects the work or ideas of an architect, builder, artist, designer or theorist who is significant to a community Is important in defining, maintaining or supporting the character of an area Is physically, functionally, visually or historically linked to its surroundings Is a landmark 14 Ontario Regulation 9/06 requires that to be designated, a property must meet one or more of the criteria grouped into the categories of design or physical value, historical or associative value and contextual value Appleby Line meets the criteria for determining whether property is of cultural heritage value or interest. As such, the council of the City of Burlington may, by bylaw, designate the property to be of cultural heritage value. 7.0 STATEMENT OF CULTURAL HERITAGE VALUE OR INTEREST Introduction and Description of Property 1309 Appleby Line is located on the northeast corner of Appleby Line and Mainway in the City of Burlington. The property consists of a red brick residence constructed in April 2016

38 Statement of Cultural Heritage Value or Interest: Physical/Design Value 1309 Appleby Line is representative of a building from the Victorian era with Queen Anne Revival elements. The house is a two-and-a-half-storey brick structure with twostorey side wing. The house has a hipped roof and rubblestone foundation topped by projecting brick courses. The façade and southeast elevation have offset two-storey bays topped by a gable with decorative bargeboard above a small arched window. Typical of the Queen Anne style is the hipped roof and multi-gabled roofline, the asymmetrical façade and southeast elevation. Also typical of Queen Anne houses is the variety of window types that includes large arched window openings found on the twostorey bays, the segmentally arched entranceways, segmentally arched windows, as well as the paired segmentally arched windows on the second floor above the front entranceway. All window and door openings have radiating brick voussoirs and several windows have wood lintels. Two red brick chimneys are found on the house, one on the rear and one on the southeast elevation, though this one no longer extends past the roofline. The Queen Anne style is further displayed in decorative bargeboard in the gables as well as the decorative projecting brick aprons under the bay windows at all levels. Historical/Associative Value The property is associated with the Fothergills, early pioneers in Nelson Township and a founding family in Appleby. The Crown Patent was issued to Christopher Fothergill in Christopher Fothergill, along with John Alton and John Atkinson, are considered the founders of Appleby. The land was transferred through the Fothergill family from Christopher to his son John, and on to John s son Charles Appleby Line was constructed in 1896 under the ownership of Charles Fothergill. It is believed that that house was built by Slater of Dundas. This may be a reference to J & K Slater who also built a church at Appleby in the early 1900s. The family stayed close in Appleby; Charles' younger brother, Thomas Fothergill, farmed the Fothergill property on the west side of Appleby Line. In 1900 Charles and Amelia Fothergill sold their farm property and moved to Dundas. The property is also associated with the Taylor family who farmed the property for over 50 years. The Taylor family continued the use of the property as a mix-use farm. It came into the Taylor family in 1945 when it was sold by Ernest Featherstone to Jack Howard Taylor. The Taylor property remained under the ownership of John and Ruther Taylor until 1989, when it came under the joint ownership of five members of the Taylor family. John and Ruth Taylor farmed the property until 1997, when John was 83 years old, after which it was rented to tenant farmers. Following the death of their parents, the Taylor children assumed ownership of the property. 15 April 2016

39 Contextual Value 1309 Appleby Line is one of the last remnants of the Village of Appleby. It stands as a touchstone to this rural farming community. The former village crossroads was located just south of the property at Appleby Line and Middle Road. Most of the village was demolished in the 1950s for the QEW. The property was the last working farmstead of the former village.. Typical of a farmstead the house is set back from the road, with a lawn and is surrounded by mature trees. Cultural Heritage Attributes The heritage attributes that contribute to the cultural heritage value or interest of 1309 Appleby include, but are not limited to: 16 Set back from the road with a large front lawn Mature trees surrounding the house Two and-a-half storey brick structure with two-storey side wing Hip roof Rubblestone foundation topped by projecting brick courses Offset two-storey bays topped by a gable with decorative bargeboard above a small arched window on the façade and southeast elevation Variety of window types including large arched window openings found on the two-storey bays, the segmentally arched entranceways, segmentally arched windows, as well as the paired segmentally arched windows on the second floor above the front entranceway Radiating brick voussoirs on all window and door openings, wood lintels Two red brick chimneys Decorative bargeboard in the gables Decorative projecting brick aprons under the bay windows at all levels 8.0 ANALYSIS OF THE OFFICIAL PLAN HERITAGE POLICIES One of the principles in the City of Burlington s policies on cultural heritage, as per the Official Plan (OP) section 8.0 subsection 8.1 a) states that sound heritage conservation practice requires early identification of cultural heritage resources, ongoing maintenance and protection from inappropriate use, alteration and demolition (2015:Part II Page 58). Also, OP policy 8.2 a) on destruction and demolition suggests an OP objective is: to control the demolition, destruction, deterioration, and inappropriate alteration and/or use of cultural heritage resources in accordance with legislative authority (2015:Part II Page 58). Furthermore, policy a) states The designation of individual cultural heritage properties and cultural heritage landscapes under the provisions of the Ontario Heritage Act shall be pursued to implement the cultural heritage conservation objectives and policies of this Plan (2015:Part II Page 60). One means to achieve this will be through considering and, where feasible, incorporating these resources into development plans as suggested in policy (2015:Part II Page 62). April 2016

40 The OP also provides the option for the City of Burlington to request a Heritage Impact Statement. Specifically, policy b) states: Completion of a heritage impact statement shall be required prior to any approvals for proposed development where the City foresees potential adverse impacts on the cultural heritage attributes (including important vistas and streetscape) of a property designated pursuant to The Ontario Heritage Act, or on a property worthy of designation. Completion of a heritage impact statement may be required prior to any approvals for proposed development where the City foresees potential adverse impacts on the cultural heritage attributes of any other property identified on the City s Inventory of Cultural Heritage Resources. A specific subsection of the OP discusses the Uptown Mixed Use Corridor- Employment Area and policy c) addresses this property in particular and states: consideration shall be given to the protection and integration of the heritage features found in the existing farm cluster into proposed developments at the north-east corner of Appleby Line and Mainway (2015:Part III Page 99). 9.0 CONCLUSIONS 1309 Appleby Line meets the criteria laid out in Ontario Heritage Act Ontario Regulation 9/06 for determining cultural heritage value or interest. The City of Burlington s OP has policies on cultural heritage resources conservation in section 8.0 and a policy focused on this property ( c). As a result, 1309 Appleby Line may be considered for designation by the City of Burlington s Municipal Heritage Committee and City Council. Further, the City of Burlington may require a Heritage Impact Assessment on the property prior to any approvals for proposed development. 17 April 2016

41 10.0 BIBLIOGRAPHY AND SOURCES Baggett, Bruce 1980 Appleby: Just a Hamlet in Brass Tacks, vol.2, no. 2 Burlington Historical Society Appleby Line. Accessed online at: Appleby Village, aerial view, ca Accessed online at: City of Burlington 2015 City of Burlington Official Plan. Accessed online at: Land Registry Office (LRO) #20 Halton 'Lot 5, Concession 2, Nelson Township' Abstract Index. Nelson Women s Institute n.d. Tweedsmuir History Volume II. Accessed online at: ObitsforLife.com 2011 'Ruth Taylor Obituary.' Accessed online at: Perkins, Alana 1997 A Proud Symbol of Our Past in the Hamilton Spectator. Accessed at: Burlington Public Library: BUR v.f. Historic Houses, Sites Appleby Line (1309). Pope, John Henry 1877 Illustrated Historical Atlas of the County of Halton, Ont. Toronto: Walker and Miles. Accessed online at: Smith's Funeral Home 2008 'In Memory of Jack Taylor.' Accessed online at: Turcotte, Dorothy 1989 Burlington: Memories of Pioneer Days. Burlington: Burlington Historical Society. Tremaine, George C Tremaine's Map of the County of Halton, Canada West. Accessed online at: April

42 Young, Elizabeth G. Fothergill 1988 'Fothergill Ancestry' in BUR v.f. Biography Fothergill at the Burlington Public Library. 19 April 2016

43 Appendix A: Background Material 20 Image 16: 1309 Appleby Line (Perkins 1997) Image 17: 1309 Appleby Line (Burlington Historical Society 2012) April 2016

44 21 Image 18: 1309 Appleby Line (Nelson Women s Institute n.d.) Image 19: Appleby Village, aerial view, ca 1946 (Burlington Historical Society 2016) April 2016

45 22 Image 20: Crown Patent to Christopher Fothergill 1854 (LRO #20) Image 21: Sale from John to Charles Fothergill 1889, Sale from Charles Fothergill to John Emerson 1900 (LRO #20) April 2016

46 23 Image 22: Sale to Ernst Herbert Featherstone 1920 (LRO #20) Image 23: Sale to Jack Howard Taylor 1945 (LRO #20) April 2016

47 24 Image 24: Transfer from Jack Taylor to 1/5 interest Between Taylor and His Four Children (LRO #20) Image 25: Addition of Taylor's Wife Ruth to 1/5 Ownership (LRO #20) April 2016

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