Subject: Proposed Heritage Designation for 83 Kennedy Road (Ward 2) Pamela Vega, Heritage Assistant, Community Services

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1 Staff Report Meeting Date: September 6, 2016 Subject: Proposed Heritage Designation for 83 Kennedy Road (Ward 2) Submitted By: Pamela Vega, Heritage Assistant, Community Services RECOMMENDATIONS That Staff Report regarding Proposed Heritage Designation for 83 Kennedy Road (Ward 2), be received; and That staff be directed to proceed with the Notice of Intention to Designate for 83 Kennedy Road; and That should no objections be received during the mandatory 30-day public objection period following publication of the Notice of Intention to Designate, a by-law be enacted for the purpose of designating 83 Kennedy Road pursuant to the Ontario Heritage Act. EXECUTIVE SUMMARY Assessment of the cultural heritage value of 83 Kennedy Road has determined that the property meets the criteria for heritage designation under provincial Regulation 9/06 of the Ontario Heritage Act, R.S.O. 1990, c. O.18 ( the Act ). Heritage Caledon recommends that Council proceed with heritage designation of this property under section 29 of the Act. DISCUSSION The purpose of this report is to initiate the heritage designation process for 83 Kennedy Road (Schedule A), which entails a specimen Black Willow tree located on the rear property line. Following a request from the owner, the cultural heritage value of this property was assessed and determined to meet the criteria for heritage designation under provincial Regulation 9/06. In addition, the tree was evaluated against the definition of a heritage tree, as defined by the Ontario Urban Forest Council (Schedule B). At its meeting on June 13, 2016, Heritage Caledon recommended that Council pursue designation of this property under section 29 of the Act (HC ). Below is a summary of the property s cultural heritage value and list of heritage attributes. Statement of Cultural Heritage Value The Black Willow tree at 83 Kennedy Road is a notable specimen because of its distinctive size, unique four-stem form and breadth of canopy. The tree, which is estimated to be over 100 years old, continues to demonstrate vigour and vitality. Considered a regionally unique specimen, this Black Willow is a prominent natural heritage and community landmark on Kennedy Road. As demonstrated by its height, canopy and healthy trunks, the tree remains in good physical condition. Page 1 of 3

2 Staff Report Identification and Description of Heritage Attributes For purposes of protection under section 29 (municipal designation) of the Act, the only heritage resource of this property is the Black Willow tree. Key attributes of the Black Willow that embody its physical, historical and contextual value are: The raised mound root plate, four characteristically angled stems, canopy, branches and root system of the Black Willow Key attributes of the Black Willow that embody it as a natural heritage and community landmark in the Town of Caledon are: The location of the Black Willow on a former fence line of the historic Lawson farm. NEXT STEPS Should Council resolve to proceed with designation of 83 Kennedy Road, the following steps shall be undertaken by Heritage staff in consultation with Planning Law: 1. Notify the owner and the Ontario Heritage Trust of Council s intention to designate the property. 2. Publish the Notice of Intention to Designate in a local newspaper and on the Town s website. 3. Should no objections be received during the mandatory 30-day public objection period following publication of the Notice of Intention to Designate, bring the heritage designation by-law to Council for enactment. 4. Following enactment of the by-law: a. Publish notice of the passing of the by-law in a local newspaper and on the Town s website b. Provide a copy of the by-law, together with the statement of cultural heritage value and the description of heritage attributes of the property, to the owner and to the Ontario Heritage Trust, and c. Register the by-law on title to the property. FINANCIAL IMPLICATIONS The property on 83 Kennedy Road is currently assessed at $605,000. The Town s share of taxes levied, based on the current value assessment is $2,260. As of August 18, 2016, the taxes are current. If Council approves proceeding with designation of the property at 83 Kennedy Road, the Notice of Intention to Designate and the subsequent Notice of Passing of By-Law will be advertised on the Town Page in the local newspaper. The advertising costs will be covered under the Corporate Communications advertising budget line. Costs associated with the registration of the designation by-law will be covered by Planning Law budget. The total costs associated with designation of the property are as follows: Page 2 of 3

3 Staff Report Type of Costs Heritage Designation of Property Advertising of Notice $75.00 Registration of By-law on Title $74.72 Total $ COUNCIL WORK PLAN Not applicable. ATTACHMENTS Schedule A: Schedule B: Location Map Heritage Designation Report Page 3 of 3

4 Schedule "A" to Staff Report Page 1 of 1 Subject Property LOCATION MAP 83 Kennedy Road Pt Lot 31 Con 3 WHS Cheltenham Date: July 21, 2016 File No.: Schedule A

5 Page 1 of 14 HERITAGE DESIGNATION REPORT BLACK WILLOW TREE 83 Kennedy Road Town of Caledon, Ontario Prepared by Town of Caledon May 2016

6 Page 2 of 14 SUMMARY The Black Willow tree on the rear property line of 83 Kennedy Road is a notable specimen because of its distinctive size, unique four-stem form and breadth of canopy. The tree, which is estimated to be over 100 years old, continues to demonstrate vigour and vitality. Considered a regionally unique specimen, this Black Willow is a prominent natural heritage and community landmark on Kennedy Road. As demonstrated by its height, canopy and healthy trunks, the tree remains in good physical condition. Based on documentary research and a condition assessment, this Heritage Designation Report finds that this black willow tree has physical, historical, and contextual cultural heritage value. It is recommended that protection of the tree be pursued under s. 29 of the Ontario Heritage Act.

7 Page 3 of 14 CONTENTS Summary 1.0 Report Objective and Methodology Applicable Legislation & Evaluation Framework Ontario Heritage Act Heritage Trees Subject Property Historical or Associative Value Property History Community Associations Design or Physical Value Condition Assessment Contextual Value Statement of Cultural Heritage Value or Interest Recommendations 10 Sources 11

8 Page 4 of 14 HERITAGE DESIGNATION REPORT BLACK WILLOW TREE 83 Kennedy Road, Part West Half Lot 31, Concession 3 WHS (Chinguacousy) as in RO , Town of Caledon, Region of Peel 1.0 REPORT OBJECTIVE AND METHODOLOGY This report is intended to provide an evaluation of the cultural heritage value or interest of a specimen Black Willow tree at 83 Kennedy Road, Cheltenham. The findings and recommendations of this report are based on a property title search, documentary research, an arborist s report, interviews with the property owner, and site visits undertaken in 2015 by Heritage Caledon and Town staff. 2.0 APPLICABLE LEGISLATION 2.1 ONTARIO HERITAGE ACT SECTION 29, MUNICIPAL DESIGNATION Ontario Heritage Act Regulation 9/06: Criteria for Determining Cultural Heritage Value or Interest, sets the minimum standard for criteria to be used by municipalities when evaluating the cultural heritage value or interest of a property being considered for protection under s.29 of the Act. One or more of the criterion in the categories of Design or Physical Value, Historical or Associative Value, and Contextual Value must be met for the property to be protected: Criteria (1) The criteria set out in subsection (2) are prescribed for the purposes of clause 29 (1) (a) of the Act. O.Reg. 9/06, s.1(1). (2) A property may be designated under section 29 of the Act if it meets one or more of the following criteria for determining whether it is of cultural heritage value or interest: 1. The property has design value or physical value because it, i. is a rare, unique, representative or early example of a style, type, expression, material or construction method, ii. displays a high degree of craftsmanship or artistic merit, or iii. demonstrates a high degree of technical or scientific achievement. 2. The property has historical value or associative value because it, i. has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community, Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 1

9 Page 5 of 14 ii. iii. yields, or has the potential to yield, information that contributes to an understanding of a community or culture, or demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. 3. The property has contextual value because it, i. is important in defining, maintaining or supporting the character of an area, ii. is physically, functionally, visually or historically linked to its surroundings, or iii. is a landmark. 2.2 HERITAGE TREES In 2005, Paul Aird, Professor Emeritus of the Faculty of Forestry at the University of Toronto and long time Caledon resident, published the following definition of a heritage tree in The Forestry Chronicle 1 : A notable specimen because of its size, shape, beauty, age, colour, rarity, genetic constitution, or other distinctive features; A living relic that displays evidence of cultural modification by Aboriginal or non- Aboriginal people, including strips of bark or knot-free wood removed, test hole cut to determine soundness, furrows cut to collect pitch or sap, or blazes to mark a trail; A prominent community landmark; A specimen associated with a historic person, place, event or period; A representative of a crop grown by ancestors and their successors that is at risk of disappearing from cultivation; A tree associated with local folklore, myths, legends or traditions; A specimen identified by members of a community as deserving heritage recognition. This definition is referenced by the Ontario Urban Forest Council in its 2011 publication Securing the Future of Heritage Trees: A Protection Toolkit for Communities. For purposes of this report, the evaluation categories of provincial Regulation 9/06, the 2005 heritage tree definition and the comparative rating of black willows provided by the Ontario Urban Forest Council are used as a framework for research and evaluation. 3.0 SUBJECT PROPERTY 83 Kennedy Road is a 1.36 acre residential property north of Cheltenham, located near the former farmstead associated with the West Half of Lot 31, Concession 3 WHS, Chinguacousy Township. The Black Willow tree is located at the rear of this property, along a former fence line. 1 Aird, Paul, Forestry Chronicle website: The Forestry Chronicle, 2005, 81(4): 593, /tfc Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 2

10 Page 6 of HISTORICAL OR ASSOCIATIVE VALUE 4.1 Property History Estimated to have been planted near the turn of the 20 th century, the Black Willow tree has historical value in its association with past owners of the land on which it stands Lot 31, Concession 3 WHS, Chinguacousy Township The Crown Patent for the full 200 acres of Lot 31, Concession 3 WHS, Chinguacousy Township was granted to William Poyntz in April 1822, in recognition of his service with the British army during the War of Early surveyor s notes state that this lot was covered with a mixed forest, including basswood, cedar, beech and maple. Lot 31 changed ownership several times before being purchased by Archibald Sinclair in Sinclair began to subdivide the lot in 1839, selling two parcels to Robert Lawson in 1854 and 1855 totalling 75 acres. Lawson s property is shown on the 1859 Tremaine Map of the County of Peel. When the village of Cheltenham expanded its boundaries in 1869, this acreage was incorporated as Village Lot 88 on Plan CH-7. Detail showing Robert Lawson s property on the West Half Lot 30, Concession 3 WHS, Chinguacousy Township 1859 Tremaine Map of the County of Peel 2 Poyntz family files, William Perkins Bull Collection, PAMA Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 3

11 Page 7 of 14 Detail showing Cheltenham Village Lot 88 of Plan CH Historical Atlas of Peel County The Lawson Family Born in Clackmannanshire, Scotland, in 1823, Robert Lawson immigrated to Canada sometime in the 1840s and began work as a labourer. 3 In 1855, Lawson married fellow Scottish immigrant Catherine McNabb in Cheltenham. The couple took up residence on Lawson s Cheltenham property where they raised two children, Grace and John. When the Hamilton & North Western Railway arrived on the northern outskirts of Cheltenham in 1877, its alignment (now the Caledon Trailway) cut across the northwest corner of the Lawson farm. In 1883, the Lawsons replaced their 1½ storey stone farmhouse with a larger, brick Gothic and Italianate-style farmhouse, which still stands today. Predeceased by his wife in 1894, Robert Lawson continued to farm until his death in As indicated on the Cheltenham village map in the 1877 Historical Atlas of Peel, the Lawson farm lane extended eastward from Creditview Road to the Credit River. Besides providing access to the Lawson farmhouse, this lane provided informal access between Cheltenham and the upstream hamlet of Boston Mills, established in the 1850s around Hiram Caslor s grist mill. In the early 20 th century, this lane also provided access to the cottages of Ferndale Park on the banks of the Credit River. The alignment was later formalized as Kennedy Road when land on both sides of it was subdivided for residential development in the 1970s, including the lot at # Census (Canada) Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 4

12 Page 8 of 14 Likely dating to the turn of the 20 th century, the Black Willow tree at 83 Kennedy Road became established along a fence row dividing a pasture to the west of the Lawson farmstead from agricultural fields to the south air photograph showing location of Black Willow National Air Photo Library 1989 air photograph showing location of Black Willow Town of Caledon 4.2 Community Associations The Black Willow also has cultural heritage value through its associations with the local community. Due to its age, majestic stature and prominent fence line location, visible for many decades from the well-used farm lane, the Black Willow has been recognized by the landowners and adjacent community as a highly valued natural heritage landmark. Although speculative, local residents relate stories of children being conceived underneath its canopy and its possible use as a rest stop for some who overindulged with the local distillery s Cheltenham Wheat Whiskey. Local historian Grace Brown described this whiskey as smooth, with no bite, and going down like molasses. 5.0 DESIGN OR PHYSICAL VALUE The Black Willow at 83 Kennedy Road has physical value as a healthy, mature and representative example of its species. Its height, multiple trunks and broad canopy contribute to this physical value. Native to eastern North America, black willows, or Salix Nigra, are the largest of the continent s willow species. This hardy, deciduous tree grows easily and is typically found along streams and Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 5

13 Page 9 of 14 in marshy areas. Because of its fibrous roots, the black willow was among the preferred plantings of those early settlers establishing mills, who used it along mill races to secure banks and prevent erosion. The bark of the black willow contains salicylic acid, used as far back as the ancient Greeks to relieve pain and fever. Lumber cut from black willows has a light density and does not splinter easily. It is used for toys, crates and barn floors. View looking south at Black Willow at rear of property, July 2015 Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 6

14 Page 10 of Condition Assessment The Black Willow at 83 Kennedy Road has been in the care of professional arborists for over two decades. In December 2015, arborist Roland Toser of Owen s Tree & Shrub Care undertook a condition assessment of the Black Willow, with the following findings: The Black Willow has four mature stems (trunks); a fifth stem was removed about 8 years ago due to storm damage, and there is evidence of a sixth having been removed much earlier. The base of the trunks forms a high mound, suggesting the tree had been cut back to the base every so often to deter growth or to revitalize growth. In time, the tree was left alone and able to establish the five mature stems. The tree is approximately metres tall. At 1.4 metres above grade, the four stems measure 61 cm, 65 cm, 71 cm and 81 cm in diameter. (In contrast, the Ontario Urban Forest Council rates the average black willow as being 12 m in height and with a 30 cm diameter) At an unknown date in the past, two chains were installed in a cross pattern to support the spreading stems. The chains have girdled some of the bark, but it has callused over nicely, and are not considered a threat to the tree. More recently, two steel cables have also been installed professionally above the chains to provide additional support. Two of the stems are in good condition and two in fair condition (result of girdling around the chain or decay in upper portion). The branches on all stems rate good/excellent. The roots of three stems rate good/excellent, while the fourth rate fair/good due to soil disturbance associated with development of a subdivision on the neighbouring property to the south. The 2013 ice storm damaged the canopy. After pruning, the tree has responded with good vigour and good growth. There is no visible insect or disease damage. Due to it being cabled together in a cross pattern, one stem relies on the other for stability. If removal of a stem is required, it is advised to make the final cut well above the cable attachment point. New growth should come from the area of wounding. This Black Willow has shown great qualities through its vigour and vitality. If it continues to balance itself the way it has, the tree has the possibility to exceed another years of life. Although there are many black willows in the region, not many have the same traits as this specimen. This Black Willow is the largest known to the arborist, and has its own uniqueness with its raised mound root plate and characteristically angled stems. It is considered a quality specimen in Caledon that should be maintained and protected. Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 7

15 Page 11 of 14 View of the raised mound root plate and multiple trunks, July 2015 View looking north at the tree s characteristically angled trunks, July 2015 Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 8

16 Page 12 of 14 View of the cross pattern of chains and steel cable supports in the upper canopy, July CONTEXTUAL VALUE The Black Willow s contextual value pertains to its rural, fence line presence for over 100 years, its notable size and height, and its stature as a community landmark visible from local roads. Now marking the rear property line of a modern residential property, the tree remains a key natural heritage attribute as evidenced by the long term efforts to maintain it. 7.0 STATEMENT OF CULTURAL HERITAGE VALUE OR INTEREST The Black Willow tree at 83 Kennedy Road is a notable specimen because of its distinctive size, unique four-stem form and breadth of canopy. The tree, which is estimated to be over 100 years old, continues to demonstrate vigour and vitality. Considered a regionally unique specimen, this Black Willow is a prominent natural heritage and community landmark on Kennedy Road. As demonstrated by its height, canopy and healthy trunks, the tree remains in good physical condition. For purposes of protection under s.29 (municipal designation) of the Act, the only heritage resource of this property is the Black Willow tree. Key attributes of the Black Willow that embody its physical, historical and contextual value are: The raised mound root plate, four characteristically angled stems, canopy, branches and root system of the Black Willow Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 9

17 Page 13 of 14 Key attributes of the Black Willow that embody it as a natural heritage and community landmark in the Town of Caledon are: The location of the Black Willow on a former fence line of the historic Lawson farm. 8.0 RECOMMENDATIONS The Black Willow tree is located on the south edge of the property at 83 Kennedy Road, adjacent to a new residential subdivision currently under construction. While installation of a drainage swale associated with the subdivision has impacted part of the tree s root system, the houses and all other infrastructure will be located a substantial distance from the tree. It is anticipated that this physical separation will ensure, to the degree possible, the continued health of the Black Willow. It is the recommendation of this Heritage Report to proceed with protection of the property under s.29 (municipal designation) of the Ontario Heritage Act. Looking south at Black Willow with dust of adjacent subdivision construction visible in background, July Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 10

18 Page 14 of 14 SOURCES Aird, Paul, The Forestry Chronicle 2005, 81(4): 593 ancestry.ca, census records for Robert Lawson Clackmannanshire, Scotland Genealogy Isle of Islay Archives, Scotland National Air Photo Library, 1966 aerial of Chinguacousy Township Ontario Urban Forest Council, Securing the Future of Heritage Trees: A Protection Toolkit for Communities, second edition Feb 2011 Owen s Tree & Shrub Care, Arborist Report - 83 Kennedy Road, Cheltenham, December 15, 2015 Peel Art Gallery, Museum and Archives, - Abstract Index to Deeds, Lot 31 Concession 3 WHS Chinguacousy Township - William Perkins Bull Collection Personal communication and site visit with Kathy Reid, property owner, July 2015 and January 2016 Town of Caledon Cultural Heritage Landscapes Inventory, Cheltenham and the Brickworks Heritage Designation Report Black Willow Tree,83 Kennedy Road Town of Caledon 11