Case No. PL180803 LOCAL PLANNING APPEAL TRIBUNAL IN THE MATTER of subsections 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; AND IN THE MATTER of an appeal from Council’s refusal to approve an application by Two Sisters Resorts Corp. for an amendment to the Town of Niagara-on-the-Lake Zoning By-law to permit a hotel and conference centre development at 144 and 176 John Street, Niagara-on-the-Lake, in the Regional Municipality of Niagara (the “Subject Lands”) LPAT Case Number: PL180803 LPAT File Number: PL180803 Municipality: Niagara-on-the-Lake Property Location: 144-176 John St. E. Applicant/Appellant: Two Sisters Resorts Corp. AFFIDAVIT OF MARCUS R. LETOURNEAU I, Marcus R. Letourneau, of the City of Kingston, in the Province of Ontario, make oath and say as follows: 1. I am the Managing Principal and Senior Heritage Planner for Letourneau Heritage Consulting Inc. (hereinafter “LHC”), a consulting firm that specializes in heritage planning and strategic planning for cultural heritage resources. 2. I was retained as part of the team with Bray Heritage to complete an update of the Estates Lots Study for the Town of Niagara-on-the-Lake (“Town”), which began in September of 2017. 3. On June 11, 2018, the Town also retained LHC to develop an independent, third party Cultural Heritage Evaluation Report (“CHER”) for several 002357 properties that were once part of the Rand Estate within the Town. The properties which LHC (including myself) evaluated were: (a) 144 John Street East (Devonian House or Sheets House); (b) 176 John Street East (Rand Mansion); (c) 200 John Street East (Calvin Rand Residence); and (d) 588 Charlotte Street (Dingman Residence). 4. As a result of my involvement with the Estates Lots Study and the preparation of the CHER, I have knowledge of the matters to which I hereinafter depose. QUALIFICATIONS 5. My firm’s head office address is 837 Princess Street, Suite 400, Kingston, Ontario, K7L 1G8. My area of expertise is in heritage conservation, heritage conservation planning, land-use planning and cultural heritage. 6. In my professional capacity, I work with both public and private sector clients, focusing typically on development, policy and heritage legislation related issues. 7. In addition to my role with LHC, I am a Senior Associate with Bray Heritage, an Adjunct Assistant Professor in the Department of Geography and Planning at Queen’s University at Kingston and an Adjunct Assistant Professor (2018-2019) and Contributing Associate for the Heritage Resources Centre at the University of Waterloo. 002358 I have been retained by the University of Waterloo to teach its Heritage Planning course since the summer of 2016, the Willowbank School of Restoration Arts to co-teach its heritage planning course and by the Ontario Museums Association to co-teach its course on Facilities Management in Historic Structures. 8. I currently serve as Past President of the Ontario Association of Heritage Professionals, Past President of the Kingston Historical Society, on the Board of Directors of the Friends of the Rideau, and am on the interim Board of Directors for the Heritage Resources Centre at the University of Waterloo. 9. My previous professional positions include: (a) Manager for the Sustainability and Heritage Management Discipline Team (Ottawa/Kingston) and Senior Cultural Heritage Specialist for Golder Associates Limited (2011-2015); (b) Contract professor appointment at Carleton University in the Department of Geography; and (c) Senior Heritage Planner at the City of Kingston (2004-2011). 10. I have worked specifically as a heritage planner since 2004 but have been involved in cultural heritage projects for over 20 years in a variety of roles. 11. I am a full member of the Canadian Institute of Planners and the Ontario Professional Planning Institute (MCIP, RPP). I am also a Professional Member of the Canadian Association of Heritage Professionals (CAHP). I have previously been 002359 qualified as an expert witness at the former Ontario Municipal Board in the areas of heritage conservation, heritage conservation planning and land-use planning, the Conservation Review Board in the area of cultural heritage and as an expert witness for a judicial inquiry for the Public Lands Act. 12. My academic training includes the following: (a) PhD-Historical/Cultural Geography-Queen’s University at Kingston (2009); (b) MA-Geography (Cultural Geopolitics)-University of Western Ontario (2001); (c) BA (Honours)-Geography and History-Queen’s University at Kingston (Completed 1998, Awarded 1999); (d) Diploma-Peace and Conflict Studies-University of Waterloo (1999); (e) Professional Specialization Certificate-Heritage Conservation Planning- University of Victoria (2013); (f) Certificate-Museum Studies-Ontario Members Association (Completed 2012, Awarded 2013); (g) Ontario Management Development Program (ONDP) Certificate (with Distinction)-Leadership Skills, St. Lawrence College (2010); and (h) NAS Level 1 Certificate in Foreshore and Marine Archaeology. 002360 13. I have also received specialized training from the University of British Columbia, Parks Canada, the Canadian Conservation Institute, Mohawk College, and Humber College. I completed the International Training Course on Impact Assessments for Heritage led by UNESCO/ICCROM/World Heritage Institute of Training and Research for the Asia and Pacific Region in October of 2018. 14. Attached hereto and marked as Exhibit “A” is a copy of my CV and Consulting Resume. A signed copy of my Acknowledgement of Expert's Duty form is attached to my affidavit as Exhibit "B. THE ESTATES LOTS STUDY 15. I was retained by the Town, as part of the team led by Bray Heritage, to complete an update of the Town’s Estates Lots Study. This began in September of 2017. This project included not only a broad analysis of cultural heritage landscapes, but also as the project evolved, it included a policy analysis of the existing heritage planning framework, and the examination of individual properties. I was then asked to assist the Town with the update to its Official Plan for all of its heritage policies. This study was received by the Town in September of 2018 and the findings will inform the updated Official Plan. The Estates Lots Study is included in the Responding Appeal Record Vol 2 at Tab 27. 16. In the Estates Lots Study, the properties known municipally as 144 John Street East, 176 John Street East, 200 John Street East and 588 Charlotte Street, 002361 Niagara-on-the-Lake, Ontario (“Subject Properties”) were considered as part of a larger potential cultural heritage landscape, which includes several additional properties The 2014 Provincial Policy Statement (“PPS”) states: Cultural heritage landscape: means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Aboriginal community. The area may involve features such as structures, spaces, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways, viewsheds, natural areas and industrial complexes of heritage significance; and areas recognized by federal or international designation authorities (e.g. a National Historic Site or District designation, or a UNESCO World Heritage Site). Significant: means e) in regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest for the important contribution they make to our understanding of the history of a place, an event, or a people. Criteria for determining significance for the resources identified in sections (c)-(e) are recommended by the Province, but municipal approaches that achieve or exceed the same objective may also be used. While some significant resources may already be identified and inventoried by official sources, the significance of others can only be determined after evaluation. 17. Based on the analysis completed in the Estates Lots Study, in my opinion, the Subject Properties are part of a larger significant cultural heritage landscape as defined by the PPS. THE CHER 18. On June 11, 2018, LHC was retained to perform the CHER with respect to the Subject Properties. Specifically, LHC was retained to evaluate each of the Subject Properties to determine if any of the Subject Properties met the criteria for heritage designation as outlined in Ontario Regulation 9/06, passed under the Ontario Heritage Act. As this time, LHC advised the Town that the firm does not justify particular positions, but in accordance with our professional ethics requirements, would provide our professional opinion as to the eligibility of the properties for Designation 002362 under Ontario Regulation 9/06. The CHER is included in the Responding Appeal Record Vol 2 at Tab 26. 19. This research and evaluation took into consideration any potential cultural heritage value or interest of each individual property. Consideration was also given to the surrounding context as a cultural heritage landscape as all four of the Subject Properties were once part of a larger estate complex. In my professional opinion, the estate represents the majority of a significant cultural heritage landscape with the formal and more ornate buildings found along John Street East