Conservation Review Board
Commission des biens culturels
ISSUE DATE:
March 24, 2016
CASE NO.:
CRB1503
PROCEEDING COMMENCED UNDER subsection 32(14) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Objector:
Laurel Armstrong
Objector:
Beth Ross
Owner:
W.N. Anderson and Jean Elizabeth P. Anderson
Subject:
Notice of Intention to Repeal Designation By-Law No. 90-59
Property Address:
135 Essex Street
Legal Description:
Lot 148, Plan 459
Municipality:
Town of Goderich
CRB Case No:
CRB1503
CRB Case Name:
Armstrong v. Goderich (Town)
Heard:
February 23, 2016 in Goderich, Ontario
APPEARANCES:
Parties
Counsel/Representative+
W.N. Anderson and Jean Elizabeth P. Anderson
Maurice Jenkins+
Town of Goderich
Gregory F. Stewart
Laurel Armstrong and Beth Ross
Beth Ross+
Participants
Barry Page, Heather Lyons, James Donnelly, John Thompson and Bob Davis
Self-represented
REPORT OF THE BOARD DELIVERED BY STUART W. HENDERSON AND ROBERT V. WRIGHT
OVERVIEW
BACKGROUND
1This Report concerns the Objection to a Notice of Council’s Intention to Repeal Heritage Designation By-law 59 of 1990 (also “By-law 90-59”) regarding 35 Essex Street (the “Cottage”) in the Town of Goderich (also, the “Town”), Ontario. William and Jean Anderson, the “Owners” of the Cottage, asked Town Council to de-designate the Cottage as a property of cultural heritage value or interest under s. 29 of the Ontario Heritage Act (the “OHA”) and Ontario Regulation 9/06: Criteria for Determining Cultural Heritage Value or Interest (“O. Reg. 9/06”).
2The matter was referred by Town Council to the Conservation Review Board (the “Review Board”) for a hearing and its Report pursuant to s. 32(17) of the OHA.
3The essential facts, and the designation of the Cottage for its historical value or interest, are not in dispute. The essence of the dispute is, as counsel for the Town put it, a “philosophical difference” of view between the Town Council, as it was composed in November 2014, and the Town’s Municipal and Marine Heritage Committee (the “Heritage Committee”) regarding the basis for the de-designation of a heritage property in Goderich.
4Laurel Armstrong and Beth Ross (the “Objectors”) jointly objected to the proposed de-designation. Ms. Ross represented both of the Objectors at the hearing. Their witnesses were: Ms. Armstrong (one of the Objectors), James Wallace, and Dr. Gary Davidson (qualified by the Review Board as an expert witness).
5The Owners notified the Review Board in advance of the hearing that they would not be appearing in person at the hearing but would be represented by Maurice Jenkins. The Owners did not call any evidence at the hearing.