A historic Oakville home, once owned by an industrialist behind the doomed Avro Arrow, is at the heart of a fight over heritage and development.
The lakefront property was once inhabited by Fred Smye, erstwhile vice-president and general manager of Avro Aircraft Ltd, whose state-of-the-art interceptor was infamously scrapped by the Diefenbaker government.
A well-known local developer has been trying to redevelop the Smye property, while city council, led by recently re-elected pro-heritage mayor Rob Burton, has been trying to shut him down.
To Mr. Burton, heritage is synonymous with Oakville. Last year, the Heritage Canada Foundation gave the city an award, its second recognition in as many years. In the coming term, council aims to marry much of its downtown into a single heritage district.
The mayor isn’t opposed to development. He just wants it on his – and council’s – terms.
“I like to tell developers: if you want to work in our town and accord with this town’s vision of itself, we’ll be the best partner you’ve ever had,” he says. “And if you want to fool with us, we’re going to try and make it interesting.”
Things have certainly been interesting for Anthony DiCenzo, president and major investor with 394 Lakeshore Oakville Holdings Inc., which owns the Smye property. In 2009, the company bought the 9.5-acre estate at 394 Lakeshore West. Back then, it was listed under Oakville’s Register of Properties of Cultural Value or Interest, and in December, it was designated under the Ontario Heritage Act.
In December, 394 Lakeshore was designated under the act, and Mr. DiCenzo’s plan for a 23-unit condo development is clashing with Oakville’s penchant to make things interesting. The result is a sticky conflict between Mr. DiCenzo, who has developed in the tony lakefront area before, and council, who in various incarnations, has approved his projects. The current relationship has been one of applications, denials, and subsequent appeals that the Ontario Municipal Board will begin hearing this week. Most recently, Mr. DiCenzo applied to have the house demolished. He was denied, and the resulting OMB appeal could overturn the designation – though not necessarily result in the destruction of the house.
“They’re using the heritage designation to frustrate development,” Mr. DiCenzo says.
Council also sees heritage value in much of 394 Lakeshore’s natural features, including views and trees. (The great white oak on Bronte Road – the 300-year-old tree that is provincially designated – stands as a reminder that Oakville’s notion of heritage is not limited to buildings.) And aside from its association with Smye, the house and lands are said to have historical value, the former for its architecture and the latter for their landscaping and relationship with Lake Ontario.
But all these features are hidden at the end of a private road. In his original plan, Mr. DiCenzo wanted to use the Smye house as the central unit in his layout, cutting down some trees, opening public roads, and making a public donation of the beach.
“I would think the Heritage Act is meant for a public purpose and a public interest,” says Mr. DiCenzo. “Otherwise, what would the purpose be? How can you say the individual who has the house is the only person who can enjoy it?”
The mayor, who will not speak about 394 directly, says there is no public dimension in the Heritage Act. According to Brian Emo, vice-president of Southwest Central Oakville Residents Association and member of the Heritage Oakville Committee, public access is not a significant factor in heritage evaluation.
“As far as I know, there’s no great tradition of making designated properties open to the public’s enjoyment,” he says. “Over 90 per cent of the properties designated remain private properties, and the people who enjoy them are the people who live in them.”
Mr. Emo says intensification is a larger concern.
“I think the community would like to see the town come up with a plan to develop the remaining developable lakefront properties in the area,” he says. “At the moment, this is more of an infill development issue.”
Meanwhile, Mr. DiCenzo says he’s been harassed by the town throughout the conflict, including an incident in which a councillor sent Halton police to 394 for unsightly vehicle complaints.
Heritage activity in Oakville is on the rise. There are 936 properties in the town’s registry, up from 559 in 2009. Over half are protected under the act.
Currently, five heritage matters have been appealed with the province. Some developers, like the Bob Finnigan, president of the Ontario Home Builders’ Association, say tussles are likely to continue as intensification takes over planning agendas.
But Mr. Burton takes that opinion lightly.
“I don’t see the two as related.”
Special to the Globe and Mail
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