Report to: Development Services Committee May 20, 2008

SUBJECT: Intention to Designate under Part IV of the Ontario Heritage Act

Sylvester Tomlinson House

7943 Ninth Line

Alex Starzinsky & Elsie DiDomenici

PREPARED BY: Peter Wokral, Heritage Planner, ext. 7955

RECOMMENDATION:

That as recommended by Heritage Markham, the Sylvester Tomlinson House 7943 9^th, Line be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

And That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to recommend to Council that the “Sylvester Tomlinson House” be designated under Part IV of the Ontario Heritage Act.

BACKGROUND:

The building is listed on the Town of Markham Register

The subject building is located at 7943 9^th Line. It is included in the Markham Register of Property of Cultural Heritage Value or Interest. The Register is the Town’s inventory of non-designated properties identified as having cultural heritage value or interest, Part IV properties (individual designations) and Part V properties (district designation).

The Sylvester Tomlinson House is a heritage building in the Box Grove Secondary Plan Area

The Sylvester Tomlinson House is included on the list of heritage resources in the Box Grove Secondary Plan (Official Plan Amendment No. 92), which contains policies dealing with the appropriate treatment of heritage buildings within the context of new development. (See Appendix ‘B’)

The Sylvester Tomlinson House is a good example of a Georgin Tradition style dwelling of the 1850’s

The Tomlinson house is a modest 1 1/2 storey structure of frame construction. It has the signature medium pitched gabled roof, rectangular form, and symmetrical three bay façade of most Georgian Traditions homes of the mid 19^th century. The Georgian Tradition style flourished in Canada as a tangible reminder of the architecture that settlers from the United Kingdom left behind in the old country. The white painted Georgian Tradition house with its symmetrical, rectangular form and elegantly proportioned facade also provided a welcome symbol of order and civility in the rough untamed wilderness of Upper Canada.

The Sylvester Tomlinson House is the last known remaining Tomlinson House

The Tomlinson’s were early settlers of Markham who originated from Wales. They came to Canada from Buck’s County Pennsylvania where they had settled in the early 1700’s. Sylvester’s grandfather Joseph Tomlinson was included in the William Berczy Census of 1803. Sylvester’s father Joseph Tomlinson Jr. was born in 1781 and would become a significant figure in the development of Box Grove. Joseph Jr. married three times and his marriage to Sarah Wooley produced 11 children. Joseph Jr.’s son Alfred constructed a dam on the Rouge River that permitted the establishment of shoddy mill, a woolen mill and a sawmill. The community that sprang up around these mills was originally called Sparta but was referred to as “Sparty Wharf” by oldtimers who remembered it as the head of navigation on the Rouge.

Joseph Jr. died in 1868 but not before establishing a second sawmill, dividing his farm to create village lots, being elected a Councillor to the Home District between 1842 and 1844, becoming president of the Scarborough & Markham Plank Road Co., and donating a corner of his farm to the Episcopal Methodist Church for use as a cemetery and churchyard. However, Joseph Jr. is remembered best for changing the name of the community from Sparta to Box Grove when he applied for a Post office in 1867 and discovered that the name Sparta was already claimed by a village in Elgin County. It is believed that he chose the name Box Grove to either commemorate the Box Elder trees that grew in the vicinity, or for a box factory that was part of the village’s industry.

In 1861, Joseph Jr. sold the west ¼ of Lot 7 Concession9 to his son Sylvester for one dollar. Sylvester had been farming this piece of land as early as 1853 but he was recorded as living across the road at Lot 5 Concession 8 in the 1851 Census. The 1855 assessment records show Sylvester to be living on Lot 7 Concession 9 in a one and a half storey frame house with his wife and two new daughters. This house is that house and the last known house to have been built for any member of the Tomlinson family. Although many of his siblings left Markham to settle in the United States, Sylvester and his brother John lived out the remainder of their lives in Box Grove.

The Statement of Significance- Reasons for Designation is attached as Appendix ‘A’.

The building has been evaluated using the Town’s heritage evaluation system

The building was evaluated by Heritage Markham and staff using the Town’s Heritage Building Evaluation System. The Sylvester Tomlinson House was evaluated as a Group 2 Heritage Building. Group 2 buildings are those buildings of significance and worthy of preservation. Group 2 buildings are also considered worthy of designation under the Act.

The building has been assessed using the Ministry of Culture’s Designation Criteria

The Government of Ontario on January 25, 2006 passed a regulation (O.Reg. 9/16) which prescribes criteria for determining a property’s cultural heritage value or interest for the purpose of designation. Municipal councils are permitted to designate a property to be of cultural heritage value or interest if the property meets the prescribed criteria.

The purpose of the regulation is to provide an objective base for the determination and evaluation of resources of cultural heritage value. The prescribed criteria help ensure the effective, comprehensive and consistent determination of value or interest by all Ontario municipalities. The criteria are essentially a test against which properties can be judged; the stronger the characteristics of the property compared to the standard, the greater the property’s cultural heritage value. The property may be designated if it meets one or more of the criteria.

The subject property has cultural heritage value or interest as it meets the following criteria:

• The property has design value or physical value because it:

Is a rare, unique, representative or early example of a style, type expression, material or construction method,

• The property has historical value or associative value because it:

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 an understanding of a community or culture, or

• The property has contextual value because it:

Is physically, functionally, visually or historically linked to its surroundings

Heritage Markham has recommended designation

The designation process under the Ontario Heritage Act requires a municipal council to consult with its municipal heritage committee when properties are considered for designation. The historical research and heritage attributes related to this heritage resource will be reviewed by Heritage Markham on May 14, 2008 and it is expected that the committee will recommend that the resource be designated as a property of cultural heritage value or interest.

The building is located within the Box Grove Secondary Plan Area

The building is in private ownership and was once part of a larger rural residential parcel (Lot 1 of Registered Plan 3542). The land where the dwelling was originally located was required for part of the Ninth Line By-pass. An arrangement was negotiated whereby Box Grove Hill Developments Inc. relocated the dwelling to a new lot on the Ninth Line. A variance application was approved by the Committee of Adjustment on September 13, 2006 to reduce the minimum lot area and minimum lot frontage since the new lot (after the exemption from part lot control process) would be smaller than is currently permitted in the RRS zoning. An exemption from the 40 metre setback to the centerline of an arterial road to recognize the proposed conceptual siting of the relocated house was also approved by the Committee of Adjustment.

The dwelling has been relocated to a newly created lot on the 9^th line adjacent to other residential lots.

OPTIONS/ DISCUSSION:

The preservation of the heritage resource is consistent with Town policies

The Town of Markham Official Plan (and the Box Grove Secondary Plan), contain Cultural Heritage policies related to the protection and preservation of heritage resources and how they are to be treated within the development process of an area. These policies support the preservation of heritage resources on their original site, and the integration into new development proposals. The designation of this resource will ensure that its heritage attributes are addressed and protected.

Provincial planning policies support designation

The Ontario Government’s current Provincial Policy Statement which was issued under Section 3 of the Planning Act and came into effect March 2005 includes cultural heritage policies. These policies indicate that significant built heritage resources and significant cultural heritage landscapes shall be conserved. Designation provides a mechanism to achieve the necessary protection. The policies further indicate that development and site alteration may be permitted on adjacent lands to protected heritage property where the proposed development has been evaluated and its has been demonstrated that the heritage attributes of the resource will be conserved.

Designation will help facilitate the integration of the resource into the planning process

Heritage designation will strengthen the Town’s ability to provide for the appropriate integration of the heritage resource into development proposals. It will enhance the resource’s status during changes in ownership and offer protection from potential alterations that may affect the heritage attributes and value.

The owner does not support designation of the Tomlinson House

Originally the owner was in support of relocating the house and restoring it due to its connection to the family. The house has been vacant and vandalized and the owner no longer feels that the house is capable of restoration and wishes to obtain a demolition permit.

Designation acknowledges the importance of the heritage resource

Designation signifies to both the owner and the broader community that the property contains a significant resource that is important to the community. Designation doesn’t restrict the use of the property. However, it does require the owner to seek approval for property alterations that are likely to affect the heritage attributes described in the designation by-law. Council can also prevent, rather than just delay, the demolition of a resource on a designated heritage property.

The designation of this cultural heritage resource is supported by staff.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

The preservation of heritage buildings is environmentally sustainable because it conserves embodied energy, prevents sound construction materials from entering landfill sites, and reduces the need to produce and transport new construction materials.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Heritage designation helps achieve a quality community by recognizing, promoting and protecting heritage resources, which strengthen the sense of community.

BUSINESS UNITS CONSULTED AND AFFECTED:

Acceptance of this recommendation to designate the property located at 7943 9^th Line under Part IV of the Ontario Heritage Act will require the Clerk’s Department to initiate the following actions:

• publish and serve on the property owner, the Ontario Heritage Trust and the public through 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

RECOMMENDED

BY:

Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

ATTACHMENTS:

Figure 1 – Owner/Agent and Location Map

Figure 2 - Aerial Map

Figure 3 - Building Photographs

Appendix ‘A’ – Statement of Significance/ Reasons for Designation

Appendix ‘B’ -- Cultural Heritage Resources within the Box Grove Secondary Plan

Q:\Development\Heritage\PROPERTY\NINTH\7943\DSC Designation Report May 20 08.doc

FIGURE 1

OWNER: Alexander Starzinsky & Elise DiDomenici

14 Sixpenny Court

Thornhill, ON

L3T 4E5

(905) 882-2216

AGENT: Peter Hofmann

600 Applewood Crescent

Vaughan, ON

L4K 4B4

(905) 760-7300

(905) 669-9600 Fax

LOCATION MAP: