Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 10, 2024

CASE NO(S).: OLT-22-004497

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Lisa and Rudy Irish Subject: Minor Variance Description: To permit Minor Variances to facilitate the new development and severances on 3 lots Reference Number: A37-22 Property Address: 292 Main Street West Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-004497 OLT Lead Case No.: OLT-22-004497 OLT Case Name: Irish v. Grimsby (Town)

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Lisa and Rudy Irish Subject: Consent Description: To create a vacant new lot facing main street Reference Number: B03-22 Property Address: 292 Main Street West Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-004559 OLT Lead Case No.: OLT-22-004497

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Lisa and Rudy Irish Subject: Consent Description: To create a second new lot at the rear of the property Reference Number: B04-22 Property Address: 292 Main Street West Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-004561 OLT Lead Case No.: OLT-22-004497

PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended

Appellant: Lisa and Rudy Irish Subject: Objection to designation By-law 23-28 Description: “Swallowbeck II” with auxiliary buildings Property Location: 292 Main Street West Municipality: Grimsby/Niagara OLT Case No.: OLT-23-000405 OLT Lead Case No.: OLT-22-004497

BEFORE: K.R. ANDrews MEMBER

Monday, the 10th, day of June, 2024

THIS MATTER having come on for a hearing and the Tribunal in its Decision issued on February 9, 2024, having withheld its final order pending receipt of the revised draft conditions for the consent application and a revised Heritage By-law;

AND THE TRIBUNAL having now received submissions from the Applicant containing the revised Heritage Designation By-Law, Conditions for Lot 1, Conditions for Lot 3, and Preliminary Grading and Erosion Control Plan, Preliminary Servicing Plan, and Heritage Easement Agreement to be attached to said Conditions;

The Tribunal orders that the appeal is allowed, in part, and the variance to By-law 14-45 is authorized subject to the condition included in page 35 of the Tribunal’s Decision issued on February 9, 2024, where “[t]he accessory building variance for proposed Lot 3 only apply to the existing accessory building only”;

AND The Tribunal orders that the appeals are allowed, in part, and the provisional consent is to be given subject to the conditions set out in Attachments 1 and 2 to this Order;

AND THE TRIBUNAL ORDERS THAT the appeal against By-law 23-28 of the Town of Grimsby is allowed, in part, and the Tribunal directs the municipality to amend By-law 23-28, as set out in Attachment 3 to this Order.

“Euken Lui” EUKEN LUI REGISTRAR (A)

Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Attachment 1

CONSENT TO SEVER CONDITIONS (LOT 1)

1. That the applicant provide the Secretary/Treasurer with deeds in triplicate for conveyance of the subject parcel, a registrable legal description of the subject parcel together with a copy of the deposited reference plan, if applicable, for the issuance of the Certificate of Consent.

2. That the final certificate fee, payable to the Town of Grimsby be submitted to the Secretary/Treasurer.

3. That all conditions of consent be fulfilled within two (2) years from the date of the notice of decision pursuant to Subsection 53(41) of the Planning Act, failing which this consent shall be deemed to be refused.

4. Subsection 3 or 5 of Section 50 of the Planning Act R.S.O 1990, shall apply to any subsequent conveyance or transaction involving the severed land.

5. The proponent is required to submit an overall grading plan for lots 1, 2 and 3 to the Town, the drainage for each lot is to discharge to an adequate outlet to the satisfaction of the Director of Public Works. The grading plan is required to be completed by an Ontario Land Surveyor or an Engineer. The attached Preliminary Grading and Erosion Control Plan, marked as Exhibit 1, is acceptable in principle to the Town.

6. The proponent is required to submit an overall storm water management report to the Town and deemed satisfactory by the Director of Public Works.

7. The proponent is required to submit a servicing plan accurately showing the existing and proposed servicing (water and sanitary) to the Town and deemed satisfactory by the Director of Public Works. The services for the individual lots can be contained within their respective property or, if required, can be located within a private easement on the adjacent proposed lot. The attached Preliminary Servicing Plan, marked as Exhibit 2, is acceptable in principle to the Town.

8. Necessary easements be registered on title to facilitate access and servicing.

9. The owner shall enter into a subdivision agreement with the Town of Grimsby and the agreement shall be registered on title.

10. That the owner dedicates a Part 9 as road widening (as confirmed by an Ontario Land Surveyor) to the Regional Municipality of Niagara along the frontage of Regional Road 81 (Main Street West) prior to the issuances of a building permit, to the satisfaction of Niagara Region in accordance with Regional Official Plan Policy 9C.

11. That the owner provides written undertaking to the Region that the following clause will be inserted into all Offers and Agreements of Purchase and Sale or Lease for Part 1:

a. Owners/Purchasers/Tenants are advised that they will need to bring their waste and recycling containers to the curbside on their designated collection day to receive Regional Waste Collection.

12. The property Owner will be required to provide easements on the West side of the lands in favour of Grimsby Power Incorporated, in order to obtain, individual, Utility Owned electrical services for each proposed dwelling. The entire cost of servicing the lands shall be borne by the Developer.

13. That the Owner execute a Heritage Easement Agreement with the Town, in the form attached as Exhibit 3, pursuant to the Ontario Heritage Act to protect the following view of the existing dwelling at 292 Main Street West on Lot 2 also known as Swallowbeck II:

• A vantage point from the public realm over portions of Lots 1, 2 and 3, as illustrated by the View Cone on the Preliminary Concept Plan, prepared by IBI Group Inc., dated June 8, 2022.

The Heritage Easement Agreement will also ensure that the final building envelope for Lot 1 is consistent with the Preliminary Concept Plan.

Exhibit 1 – Preliminary Grading and Erosion Control Plan

Exhibit 2 – Preliminary Servicing Plan

Exhibit 3 – Heritage Easement Agreement

Attachment 2

CONSENT TO SEVER CONDITIONS (LOT 3)

1. That the applicant provide the Secretary/Treasurer with deeds in triplicate for conveyance of the subject parcel, a registrable legal description of the subject parcel together with a copy of the deposited reference plan, if applicable, for the issuance of the Certificate of Consent.

2. That the final certificate fee, payable to the Town of Grimsby be submitted to the Secretary/Treasurer.

3. That all conditions of consent be fulfilled within two (2) years from the date of the notice of decision pursuant to Subsection 53(41) of the Planning Act, failing which this consent shall be deemed to be refused.

4. Subsection 3 or 5 of Section 50 of the Planning Act R.S.O 1990, shall apply to any subsequent conveyance or transaction involving the severed land.

5. The proponent is required to submit an overall grading plan for lots 1, 2 and 3 to the Town, the drainage for each lot is to discharge to an adequate outlet to the satisfaction of the Director of Public Works. The grading plan is required to be completed by an Ontario Land Surveyor or an Engineer. The attached Preliminary Grading and Erosion Control Plan, marked as Exhibit 1, is acceptable in principle to the Town.

6. The proponent is required to submit an overall storm water management report to the Town and deemed satisfactory by the Director of Public Works.

7. The proponent is required to submit a servicing plan accurately showing the existing and proposed servicing (water and sanitary) to the Town and deemed satisfactory by the Director of Public Works. The services for the individual lots can be contained within their respective property or, if required, can be located within a private easement on the adjacent proposed lot. The attached Preliminary Servicing Plan, marked as Exhibit 2, is acceptable in principle to the Town.

8. Necessary easements be registered on title to facilitate access and servicing.

9. The owner shall enter into a subdivision agreement with the Town of Grimsby and the agreement shall be registered on title.

10. That the owner provides written undertaking to the Region that the following clause will be inserted into all Offers and Agreements of Purchase and Sale or Lease for Parts 6-8:

a. Owners/Purchasers/Tenants are advised that they will need to bring their waste and recycling containers to the curbside on their designated collection day to receive Regional Waste Collection.

11. The property Owner will be required to provide easements on the West side of the lands in favour of Grimsby Power Incorporated, in order to obtain, individual, Utility Owned electrical services for each proposed dwelling. The entire cost of servicing the lands shall be borne by the Developer.

12. That the Owner execute a Heritage Easement Agreement with the Town, in the form attached as Exhibit 3, pursuant to the Ontario Heritage Act to protect the following view of the existing dwelling at 292 Main Street West on Lot 2 also known as Swallowbeck II:

• A vantage point from the public realm over portions of Lots 1, 2 and 3, as illustrated by the View Cone on the Preliminary Concept Plan, prepared by IBI Group Inc., dated June 8, 2022.

The Heritage Easement Agreement will also ensure that the final building envelope for Lot 1 is consistent with the Preliminary Concept Plan.

13. That the Applicant remove the large evergreen located on the east side of the driveway entrance, to facilitate the intent of the decision.

Exhibit 1 – Preliminary Grading and Erosion Control Plan

Exhibit 2 – Preliminary Servicing Plan

Exhibit 3 – Heritage Easement Agreement

Attachment 3

By-law No. 23-38

A by-law designate the Property located at 292 Main Street West, as a feature or historical, architectural, and/or contextual significance

WHEREAS pursuant to Part IV of the Ontario Heritage Act, R.S.O. 1990, Chapter O.18, the Ontario Land Tribunal is authorized to amend by-laws to designate a real property, including all buildings and structures thereon, to be of cultural heritage value or interest;

WHEREAS the municipal council of the Corporation of the Town of Grimsby has cause to be served on the owners of the lands and premises at:

292 Main Street West Grimsby, ON

and upon the Ontario Heritage Trust, notice of intention to designate the property at 292 Main Street West and a statement of the reasons for the proposed designation, and further, has caused said notice of intention to be published in a newspaper with general circulation in the municipality;

AND WHEREAS the reasons for designation and extent to which the designation applies are set out in schedule “B” attached hereto and form part of the By-law.

THE ONTARIO LAND TRIBUNAL AMENDS THE BY-LAW AS FOLLOWS

1. That the following real property, more particularly described in Schedule “A” attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest:

292 Main Street West Town of Grimsby The Regional Municipality of Niagara

2. That the Town solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in Schedule “A” attached hereto at the Land Registry Office.

Schedule ‘A’ to By-law 23-38

In the Town of Grimsby in the Regional Municipality of Niagara, property description as follows:

[Insert legal description for Lot 2]

Schedule ‘B’ to By-law 23-38

Statement of Significance and Description of extent of the features to which the designation applies

Statement of Cultural Heritage Value or Interest

The historic dwelling at 292 Main Street West is a strong representation of Edwardian Classicism. The style is a reaction to the highly decorated interiors and exteriors of the Victorian era. The Edwardian period is associated with the time period of King Edward VII’s reign from 1901-1910. Edwardian Classicism is defined by symmetrical simplified facades with classical influences, tall gable roofs, smooth red brick, oak interiors, and multi pane divided windows. The historic structure at 292 Main Street West contains all of these attributed as well as a full width two storey porch with square columns supported by cut stone bases. The porch features square stacked columns, turned balusters on the railings, wide stone steps and an enclosed sunroom with wooden casement windows. The porch supports the front gable which has a central Palladian window and octagonal cut slate shingle siding. The windows are configured as 9 over 1 pane, 12 over 1 pane and smaller transom windows, all of which are characteristic of the Edwardian period.

The dwelling at 292 Main Street West was built in 1909 for James and Emma Metcalf, former tender fruit farmers. The dwelling known as Swallowbeck II was built as a retirement residence.

HERITAGE ATTRIBUTES TO BE DESIGNATED

The Heritage Attributes to be designated at 292 Main Street West include:

Edwardian Dwelling:

• Two and a half storey structure with three bay facade- Smooth red brick façade
• Tall undecorated smooth red brick chimneys
• Cut stone foundation and column bases
• Raised tuck pointing and ribbon joints on the stone masonry
• Two storey porch supporting a large dominant gable
• Deep porches
• Sunroom
• Two storey bay windows
• Octagonal slate shingles in the gables
• Turned balusters and railings
• Wide porch steps with stone knee walls
• Square porch columns with decorative bases and caps
• 9 over 1 window configurations
• 12 over 1 window configurations
• Palladian window on front central gable
• Wide oak front door with beveled glass insert
• Original 10 pane casement sunroom windows
• Brick voussiors above doors and windows
• Symmetrical placement of doors and window groupings
• Deep soffit and eaves

Landscape:

• Tree lined driveway