City of Kingston Report to Municipal Heritage Committee Report Number MHC

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To: From: Resource Staff: Date of Meeting: August 25, 2014 Subject: City of Kingston Report to Municipal Heritage Committee Report Number MHC-14-055 Chair and Members of Municipal Heritage Committee Lanie Hurdle, Commissioner, Community Services Paige Agnew, Director, Planning and Development Notice of Intention to Designate Peter Day House, 484 Days Road Executive Summary: This report provides background information regarding the designation of the Peter Day House at 484 Days Road as a property of cultural heritage value and interest and recommends serving a Notice of Intention to Designate under Section 29 of the Ontario Heritage Act. The Peter Day House property was evaluated based on Ontario Regulation 9/06 as prescribed by the Ontario Heritage Act and determined to be of cultural heritage value or interest. Section 29 of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 authorizes the Council of a Municipality to enact By-Laws to designate real property, including all buildings and structures thereon, to be of cultural heritage value or interest. Council shall, before giving notice of its intention to designate a property, consult with its Municipal Heritage. The owners of the property, SJO Enterprises Limited, have reviewed the draft by-law and are supportive of the designation. Recommendation: That Council serve a Notice of Intention to Designate the property located at 484 Days Road, known as the Peter Day House (Part of Lot 9, Concession 1 as in FR611599, City of Kingston, County of Frontenac), as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number MHC-14-055; and That should no Notice of Objection be received by the Clerk of the Corporation of the City of Kingston within 30 days of the serving of the Notice of Intention to Designate, Council approve the designation by-law for 484 Days Road, the Peter Day House, as attached as Exhibit B to Report Number MHC-14-055.

Report to Municipal Heritage Committee Report Number: MHC-14-055 August 25, 2014 Page 2 of 4 Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Commissioners: Cynthia Beach, Corporate & Strategic Initiatives Denis Leger, Transportation, Facilities & Emergency Services Jim Keech, President and CEO, Utilities Kingston Not required Not required Not required

Report to Municipal Heritage Committee Report Number: MHC-14-055 August 25, 2014 Page 3 of 4 Options/Discussion: This report provides background information regarding the reasons for designating 484 Days Road, known as the Peter Day House, as a property of cultural heritage value or interest and recommends serving a Notice of Intention to Designate under the Ontario Heritage Act (Exhibit A ). Reasons for Designation As required under the Ontario Heritage Act, the property was evaluated under Ontario Regulation 9/06, which requires an evaluation of its physical/design value, historical/associative value and contextual value. 484 Days Road, known as the Peter Day House, is of cultural heritage value and interest because of the physical/design value of this impressive limestone house of excellent design and quality reflecting a lifestyle of growing prosperity. Its symmetrical 3 bay façade plan with central gable is representative of rural houses of the period, while the decorative window surrounds and hipped roof show Italianate stylistic influences. The stonework exhibits refined craftsmanship with some distinctive design features that suggest the work of an accomplished architect. In its rear wing, the house provides an example of an earlier small stone farmhouse. The property has historical value through its association with the Day and the Wartman families, who both derived from early United Empire Loyalist settlers in the area and who were prominent landowners and citizens through many generations. This property has important contextual value as a prominent surviving farmhouse in its original location on a generous rural residential lot with reminisce of its original drive. The owners of the property, as well as the Historic Properties Research Working Group, have reviewed the draft by-law (Exhibit B ) and both support the designation of the Peter Day House as a property of cultural heritage value and interest. It is the recommendation of staff that this property satisfies the prescribed criteria as properties of cultural heritage value or interest and accordingly, that the Municipal Heritage Committee should recommend that Council direct service of a Notice of Intention to Designate the property located at 484 Days Road under the Ontario Heritage Act and that the notice be served by the Clerk as required by Sections 29(3) and (4) of the Ontario Heritage Act. It is also recommended that should no Notice of Objection be received by the Clerk within the 30 day appeal period, Council approve the designation by-law attached as Exhibit B. Existing Policy/By-Law: Ontario Heritage Act, R.S.O. 1990, C. O.18. (Province of Ontario) Ontario Regulation 9/06 - Criteria for Determining Cultural Heritage Value or Interest (Ontario)

Report to Municipal Heritage Committee Report Number: MHC-14-055 August 25, 2014 Page 4 of 4 Notice Provisions: Notice of Intention to Designate must be served on the property owner and the Ontario Heritage Trust and be published in a newspaper, having general circulation in the municipality, pursuant to Section 29 of the Ontario Heritage Act. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning and Development 613-546-4291 extension 3252 Cherie Mills, Manager, Policy Planning 613-546-4291 extension 3289 Ryan Leary, Senior Planner 613-546-4291 extension 3233 Other City of Kingston Staff Consulted: Not applicable Exhibits Attached: Exhibit A Draft Notice of Intention to Designate 484 Days Road Exhibit B Draft Designating By-Law for the Peter Day House, 484 Days Road Exhibit C Photos of Building

Exhibit A Notice of Intention to Pass a By-Law to Designate 484 Days Road, also known as the Peter Day House, To be of Cultural Heritage Value and Interest Pursuant to the Provisions of the Ontario Heritage Act (R.S.O. 1990, Chapter O.18) Take Notice that the Council of The Corporation of the City of Kingston intends to pass a by-law under Section 29 of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, to designate the lands at 484 Days Road, (Part of Lot 9, Concession 1 as in FR611599, City of Kingston, County of Frontenac) also known as the Peter Day House, to be of cultural heritage value and interest. 484 Days Road, known as the Peter Day House, (Part of Lot 9, Concession 1 as in FR611599, City of Kingston, County of Frontenac) is of cultural heritage value and interest because of the physical/design value of this impressive limestone house of excellent design and quality reflecting a lifestyle of growing prosperity. Its symmetrical 3 bay façade plan with central gable is representative of rural houses of the period, while the decorative window surrounds and hipped roof show Italianate stylistic influences. The stonework exhibits refined craftsmanship with some distinctive design features that suggest the work of an accomplished architect. In its rear wing, the house provides an example of an earlier small stone farmhouse. The property has historical value through its association with the Day and the Wartman families, who both derived from early Loyalist settlers in the area and who were prominent landowners and citizens through many generations. This property has important contextual value as a prominent surviving farmhouse in its original location on a generous rural residential lot with reminisce of its original drive. Additional information, including a full description of the reasons for designation is available upon request from Ryan Leary, Senior Heritage Planner, Planning & Development Department at 613-546-4291, Ext. 3233, or at rleary@cityofkingston.ca during regular business hours. Any notice of objection, setting out the reason for objection and all relevant facts, must be served upon the City Clerk within 30 days of the first publication of this notice. Dated at the City of Kingston this XXX day of AAAA, 2014 John Bolognone, City Clerk City of Kingston

Page 1 of 5 Exhibit B to Report Number MHC-14-055 By-Law Number 2014-XXX A By-Law to Designate Peter Day House at 484 Days Road to be of cultural heritage value and interest pursuant to the provisions of the Ontario Heritage Act (R.S.O. 1990, o.18) Passed: XXX, 2014 Whereas Section 29 of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 authorizes the Council of a Municipality to enact by-laws to designate real property, including all buildings and structures thereon, to be of cultural heritage value and interest; And Whereas Council has consulted with its Municipal Heritage Committee and has approved the designation of a property located at 484 Days Road (Part of Lot 9, Concession 1 as in FR611599, City of Kingston, County of Frontenac) on August 25, 2014; And Whereas a notice of intention to designate the property was published in the Kingston Whig-Standard, which is a newspaper having general circulation in the municipality, on XXXXX, 2014; And Whereas no notice of objection to the proposed designation was served to the Clerk of the Corporation of the City of Kingston; Therefore, the Council of the Corporation of the City of Kingston hereby enacts as follows: 1. To designate as being of cultural heritage value and interest the following property in the City of Kingston: 484 Days Road, also known as the Peter Day House, more particularly described in Schedule A attached hereto and forming part of this By-Law; 2. A copy of the designating by-law shall be registered against the property affected in the land registry office. The City Clerk is hereby authorized to cause a copy of this by-law to be served on the owner (SJO Enterprises Limited) of the land described in Schedule A hereto and on The Ontario Heritage Trust and to cause notice of the passing of this by-law to be published in the Kingston Whig- Standard; 3. For the purpose of interpretation the term Maintenance will include the following: Maintenance means routine, cyclical, non-destructive actions, necessary to slow the deterioration of a Protected Heritage Property, including the following: periodical inspection; property cleanup; gardening and repair of landscape 1

Page 2 of 5 Exhibit B to Report Number MHC-14-055 features; replacement of glass in broken windows; minor exterior repairs, including replacement of individual asphalt shingles where there is little or no change in colour or design; repainting where there is little or no change in colour; re-pointing areas of wall space under 1.5 square metres; caulking and weatherproofing. 4. The City reserves the right to install a designated property plaque or interpretive panel; and 5. This By-Law shall come into force and take effect on the date of its passing. Given First and Second Readings Month XX, 2014 Given Third Reading and Passed Month XX, 2014 John Bolognone City Clerk Mark Gerretsen Mayor 2

Page 3 of 5 Exhibit B to Report Number MHC-14-055 Schedule A Description and Reasons for Designation Peter Day House Legal Description Civic Address: 484 Days Road Lot/Concession: Part of Lot 9, Concession 1 as in FR611599, City of Kingston, County of Frontenac Property Number: 1011 080 110 12900 Introduction and Description of Property The Peter Day House at 484 Days Road is a substantial stone building located on the east side of Days Road on a large lot adjacent to the Collins Bay Prison farmland. Originally a farmhouse, now a dental office and apartments (2013), it still retains a partly rural setting because of the open space to the south and east. The property has associations with both the Day and Wartman families who were among the first United Empire Loyalist families to settle in the area and who became substantial landowners. The Peter Day House is a 2 storey house with a rear 2 storey wing, all of limestone construction. The rear portion was the original house and probably predates 1850; while the front portion was built in the early 1870s. It has a symmetrical 3 bay front facade with decorative ashlar window surrounds, an ashlar base course and a central gable window with semicircular head. Statement of Cultural Heritage Value/Statement of Significance: Physical/Design Value The Peter Day House has physical/design value as an impressive limestone house of excellent design and quality reflecting a lifestyle of growing prosperity. Its symmetrical 3 bay façade plan with central gable is representative of rural houses of the period, while the decorative window surrounds and hipped roof show Italianate stylistic influences. In its rear wing, the house provides an example of an earlier small stone farmhouse. The Peter Day House is a 2 storey stone house with a stone rear wing that was originally 1½ storeys but later raised to 2 storeys. The roof on the main structure is a hip roof with a central gable on the front façade. Paired brick chimneys with linked caps rise symmetrically over the north and south walls. The rear addition has a simple gable roof. The main windows are all generously proportioned with limestone sills and six-over-six sash that are now have aluminum storm sash. One rear window has been converted to a door for access to a fire escape. In the rear wing the windows and south door appear to be modern replacements. 3

Page 4 of 5 Exhibit B to Report Number MHC-14-055 The front facade facing Days Road is three bays wide with a generous doorway flanked by single windows on the ground floor, three windows on the second floor, and a small attic window in the central gable. The stonework exhibits refined craftsmanship with some distinctive design features that suggest the work of an accomplished architect. On the principal front (west) and driveway (north) façades the stones are accurately squared and laid in snecked random courses. On the front façade, the mortar joints are particularly narrow giving a rough-textured ashlar appearance. The two principal corners and front entranceway are defined with large, finely cut, and evenly coursed flush quoins. The tall narrow voussoirs above the doorway are carefully cut and fitted. The front doorway, including the door, sidelights and transom has been replaced, but the doorway likely retains the proportions of the original. The plain stonework is embellished by the contrasting smooth ashlar of a projecting base course that surrounds the main house and the decorative stonework around window openings and sills on the west and north façades. The ground floor windows have robust surrounds of ashlar blocks in a quoin-like pattern that carefully follow the coursing of the corner and entrance quoins. Above, they support a curved lintel broken by a dropped keystone. The second floor windows have bold ashlar hood moulds and sills. The attic window in the front central gable has a semicircular head and a matching bold ashlar hood mould and sill. The stonework on the south and east facades is laid in a similar pattern as the other sides, but less carefully executed and the windows have plain radiating voussoirs over arched heads. The rear wing has regular coursed stonework on the south facade and random coursed rubble stonework on the rear. A modern extension in matching limestone has been added to the north side of the rear wing. Historical/Associative Value The property has historical value through its association with the Day and the Wartman families, who both derived from early Loyalist settlers in the area and who were prominent landowners and citizens through many generations. Peter Wartman Day was a direct descendant of Barnabus Day, a United Empire Loyalist settler from New York State who took up his free land grant in the township in 1784. His father, Calvin Day, married Elizabeth Wartman, of the neighbouring Wartman family, who were also Loyalist settlers. Calvin Day purchased the north half of lot 9, containing 100 acres, in 1849 from the Miller family, who had likely already built a modest stone house on the property. The 1851 census shows Peter Day, who was the eldest son, living there as a single man aged 28 in a 1½ storey stone house. Since the present rear wing of the main house has a symmetrical three-bay south facade with central door and was originally 1½ storeys high, this evidence suggests that this was Peter Day's first house and it thus predates the main structure. Calvin Day died in 1870 and bequeathed this property, as well as property on the north side of Bath Road, to Peter Day. His two younger brothers each inherited farm properties of similar size with frontage on Lake Ontario. 4

Page 5 of 5 Exhibit B to Report Number MHC-14-055 With his ownership of the property in 1870 and with a wife and growing family, it is plausible that Peter Day commissioned the construction of the main part of the present building in the early 1870s, although no records could be found to confirm the precise date. The property remained intact in the Day family until 1944 when the present 0.8 hectare (2 acre) lot with its house was severed from the balance, which became prison farmland. Contextual Value This property has important contextual value as a prominent surviving farmhouse in its original location on a generous rural residential lot with reminisce of its original drive. In its former rural setting this house's size, siting and design would have made it a local landmark. The symmetrical plan with central gable, hipped main roof and symmetrical paired chimneys; Its rear wing with symmetrical south façade and simple gable roof; The front gable window with semicircular head and decorative hood mould; The projecting ashlar base course; The main doorway with sidelights and transom and with fine quoining and voussoir stonework; The original 6 over 6 sash windows in the main building (1870s portion); Its limestone sills and decorative ashlar surrounds on the west and north façades; The stone voussoirs on the south and east façades; Its carefully faced and coursed quoining on front elevation; and Its setting as a remnant of the once generous space that previously surrounded the farmhouse. 5

Exhibit 'C' MHD 14-055 484 Days Road