A man who restored what was once a “ghost house” has told councillors here they have no business placing his property into a heritage district against his will.
Gord Surgeoner was the first of three delegations at Centre Wellington council’s committee of the whole on Feb. 6. He was protesting a recommendation from Heritage Centre Wellington that would place his property on Garafraxa Street East in Fergus on a list of heritage properties.
After hearing the comments, councillors agreed to delay any expansion of the township’s list of historically significant properties.
Chief building official Bob Foster explained in his report the register is the official listing of properties identified as being of cultural important to the community. It includes all designated heritage properties plus those of cultural interest that have not been designated.
Foster said the inclusion of non-designated properties is optional by additional protection is important “in light of the accelerated building permit review time frames established through changes to the Ontario Building Code.”
Once the list is approved, owners of listed but non-designated properties would have to provide the municipality with 60 days written notice of their intention to demolish or remove a listed structure on the property.
But Surgeoner told councilllors he and his wife took over the old home in 1977 and are proud of what they have done to upgrade it. They have turned down two requests for heritage designation, but the committee’s recommendation means he and others like him would be forced to be part of a heritage list, even while not being designated.
He said, “We believe the homeowner should have to provide permission for the listing.”
Surgeoner argued once the home is on the list, there is no telling what can happen if he wants to do something with the property. He said the implied threat is if he wants to alter the building, the committee could designate it and then deny permission for changes.
“I think I should have some private property rights.”
He added he had “no opportunity to go to the heritage committee to present my case.”
Jayne Caldwell, who lives on County Road 18 in Fergus opposed having her property on the list. She said she had to hire a heritage planner and is also concerned about the process.
“It’s not clear how the information was collected or applied,” she said.
Caldwell said she has no complaints about Heritage Centre Wellington and believes it has done “great work” but she thinks “Property owners should have the right to decide if they will be on the list.”
A third delegation, Ian Rankine, of Elora, said council should be even more strict than what was being proposed.
He said, “I applaud listing of non-designated properties in a municipal registry.”
Heritage Centre Wellington is concerned people could destroy heritage buildings with little or no recourse.
Designation of properties is formal and delays the issuing of a demolition permit and controls changes to buildings to protect heritage features. Those arguing against being part of a list of heritage properties, even though they do not have formal designation, fear they will lose control over their rights to make changes.
Councillor Walt Visser made it clear he has issues with the township telling property owners what they can do with their own property. “I’ve raised this issue with Heritage Centre Wellington since Day One,” he said, adding he has always opposed forced designations.
He cited a Guelph house where demands on the owner when he tried to make changes left the project unaffordable. Visser said the owner let the building deteriorate to a point where the city gave up and allowed him to demolish it.
Instead of protecting heritage, the city policy destroyed it, he said.
“We have enough houses … We don’t need a forced designation,” he concluded.
Councillor Steve Vanleeuwen wondered how much effort has been expended on the project and “tried to find out why we are doing this.”
Vanleeuwen said, “At what point do we need a permit to change a toilet paper roll?”
Councillor Mary Lloyd supported Visser.
“Property owners should be able to do with their properties what they so choose,” she said.
She liked the idea anyone can opt out of being on the heritage list “without argument.”
Councillor Kelly Linton demurred. He sits on Heritage Centre Wellington (HCW) and said the township has lost unprotected heritage properties.
He asked if Foster is willing to issue a letter that would ease concerns of property owners.
But Surgeoner called that “a slippery slope. He said it would allow him to paint his house “lime green or pumpkin orange,” but limit him in other alterations.
He said he has demonstrated over 35 years the respect he has for his property, and being placed on a heritage list states, “We don’t have confidence in you.”
He said he would never have been able to put an addition on his home that he is proud to have completed.
“It should be my decision,” he said.
Mayor Joanne Ross-Zuj said it appears there is a fundamental issue that has not been addressed.
Foster told council it has been the policy of HCW that it will not designate properties whose owners do not want that, but the committee is seeking only to keep a list of heritage properties, not to designate them.
He said HCW made a firm decision not to use Guelph’s strict approach.
Foster said it looked at its list and decided to keep some properties on it and drop others. “The only criteria was the house was 75 years old. We didn’t want to encumber any properties that weren’t on the list.”
Vanleeuwen said he appreciates the committee’s work but moved to defer a decision for further study.
Linton said it appears council is telling HCW to “make sure if someone wants off the list, that’s enough.”
Council approved the deferral. Councillors Fred Morris and Kirk McElwain were absent.
