Ministry of Tourism,

Culture and Recreation

400 University Avenue
Toronto ON M7A 2R9 / Ministère du Tourisme,
de la Culture et des Loisirs
400, avenue University
Toronto ON M7A 2R9 /

42-054C

Conservation Review Board
Tel 416-314-7137
Fax 416-314-7175 / Commission des
Biens culturels
Tl 416-314-7137
Tlc 416-314-7175

CONSERVATION REVIEW BOARD

RE: THE CORPORATION OF THE CITY OF BRANTFORD, ONTARIO;

INTENTION TO DESIGNATE THE PROPERTY KNOWN AS "THE

COCKSHUTT BUILDINGS" AND MUNICIPALLY AS 66 MOHAWK

STREET, BRANTFORD, ONTARIO

Stuart W. Henderson, Chair February 20, 2002

Andrew S. Mathers, Member

Thomas F. McIlwraith, Member

This hearing was convened under Section 29(8) of the Ontario Heritage Act, R.S.O. 1990,

c.O.18, for the purpose of reporting to the Council of the City of Brantford whether, in

the opinion of the Board, the property known municipally as the former Cockshutt Plow

Company Office and Timekeeping Building located at 66 Mohawk Street, Brantford,

Ontario, should be designated by By-Law under the Act, an objection having been raised

by Mr. Bruce Dinsmore.

Notice of this hearing was given under the Act and published in The Brantford Expositor

on February 13, 2002, by the Conservation Review Board. The relevant affidavit by a

member of the Board's staff is Exhibit #1.

The Board, in accordance with its customary practice, had the opportunity to inspect the

site and view the surrounding area prior to the hearing.

The Board met in the Council Chamber, Brantford City Hall, on Wednesday,

February 20, 2002.

Present:Larry Tansley, Solicitor, City of Brantford

Matt Reniers, Senior Planner, Policy & Programs, City of Brantford

Thomas Oldham, Canadian Industrial Heritage Foundation, Brantford

William Cockshutt, Citizen, Brantford

Bruce Dinsmore, Objector, St. Thomas, Ontario

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In this report the "Cockshutt Buildings" is the term used to describe a connected three-

part structure appearing in a photograph in Exhibit #9, Section 1, and labelled there as

consisting of "Office Building," "Remaining Warehouse" and "Timekeeper’s Building."

Other buildings standing on the full 33-acre parcel, and at one time part of the Cockshutt

enterprise are, for the purposes of this hearing, not considered relevant.

The Board was informed that the land on which the Cockshutt Buildings stand is a

portion of a 33-acre parcel owned by Mr. Paul Doyle, President of bankrupt Go-Vacations

Limited, and in arrears $686,000 in municipal taxes. The Cockshutt Buildings

themselves are purportedly owned by Mr. Bruce Dinsmore, owner of a building salvage

business.

Case for the City of Brantford

Mr. Tansley stated that the Cockshutt Buildings are of overwhelming historical and

architectural significance and should be designated under the Ontario Heritage Act.

Mr. Tansley took some time to explain the ownership situation (Sections 23 to 25 of

Exhibit #9) of the Cockshutt Buildings.

On questioning by the Board, Mr. Tansley reported that the land is eligible for municipal

tax sale or city seizure for unpaid taxes, but that the City has postponed acting on this

option pending the results of an environmental rehabilitation study. The City could

become owner of the site, but it is not clear whether it would also become the owner of

the Cockshutt Buildings.

Mr. Tansley introduced the City's one witness, Mr. Matt Reniers, who the Board qualified

as an expert, without objection, in the area of heritage policy and planning.

Witness - Matt Reniers

Mr. Reniers reviewed for the Board the voluminous background of the Cockshutt family

enterprise and the City's efforts in designating the property in question. He led the Board

through the binder (Exhibit #9) section by section, without interpretation and with little

comment. Contents included photographs, company history, and site plans (Sections 1 to

6); documents regarding the current arrangements for removal of buildings (Sections 7 to

11); the Heritage Designation process (Sections 12 to 18); objection to the proposed

Heritage Designation (Sections 19 to 22); and heritage planning objectives in the City's

Official Plan (Section 26).

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In relationship to section 7.8.15 of the Official Plan (Section 26 of Exhibit #9, discussing

the Mohawk Street area, including the Cockshutt Buildings), he reported that the site of

the Cockshutt Buildings is "probably cleanest", environmentally, of any part of the overall

site, and that the City is monitoring wells along the front of the property. In the longer

run this area is planned for mixed uses, including open space and institutions.

Maintenance of the Cockshutt Buildings would appear to be consistent with City planning

objectives.

Mr. Reniers concluded that it would please the City to have the Cockshutt Buildings

retained, but that it had not evaluated their structural condition.

On questioning by the Board, Mr. Reniers stated that the residential context of the site

was not considered among the reasons for recommending designation. He also reported

that the architect for the Cockshutt Buildings is unknown, and that the City has made no

contact with Heritage Canada regarding the Cockshutt Buildings.

Case for Mr. Bruce Dinsmore

Witness - Bruce Dinsmore

Mr. Dinsmore introduced himself as a Brantford native and one-time Cockshutt employee

who has had a 40-year career in building demolition, reclamation, and materials

recycling. He believes he is the owner of the Cockshutt Buildings. He laid out the

complex legalities of the case, in particular the demolition permit that included, and

apparently authorized, removal of the Cockshutt Buildings in question. It was his

intention to profit from the sale of the reclaimed materials. He spoke of the yellow pine

timbers and hardwood flooring as particularly attractive recyclable elements (although

less so in recent markets), and of customers for such materials in Canada and Europe.

Mr. Dinsmore described the Office and Timekeeper's buildings as structurally sound and

easily restorable. He characterized the Remaining Warehouse behind as being "in rough

shape ... it’s junk." Some of the roof has caved in, removal of drainage downspouts has

allowed water to run inside, and the floors have heaved. Regarding restoration of the

Remaining Warehouse, his view was that "you can do anything for a price."

Mr. Dinsmore claims that he tried to sell the Cockshutt Buildings to the city before the

demolition permit was issued. He believes that there is little or no toxicity in the soil

around the buildings, but that adequate testing has not been done.

Mr. Dinsmore told the hearing that he now wishes to remove himself from a complex

legal situation, exacerbated by the bankruptcy of the owner of the property. He is

prepared to back off from his claim to the Cockshutt Buildings, and is sympathetic to

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their continued existence. He is content with the process of Heritage Designation

proceeding, noting that, in fact, he "has no say if designation occurs." He wants the City

to benefit from whatever happens, and believes that the Cockshutt Buildings could be a

Museum; he added that "the museum would be good for the city" and "could be

something really beautiful."

Mr. Dinsmore invited the Board to see inside the Cockshutt Buildings, but changed his

mind when the issue of liability was raised.

Statements from the Public

Thomas Oldham, Canadian Industrial Heritage Foundation

Mr. Oldham described the Foundation, formed in 2000, as a rapidly growing organization

committed to refurbishing the Cockshutt Buildings for use as a museum of industrial

history. The CIHF is actively raising funds for such a project at this time. His

organization favours Heritage Designation of the Cockshutt Buildings. He described the

Office building as "a memorial to the workers."

Mr. Dinsmore asked Mr. Oldham if it was proper to be collecting money to be applied to

a building over which the organization has no current authority. Mr. Oldham replied that

the money was for the industrial museum project, regardless of the building in which it

might ultimately be housed. Mr. Dinsmore cautioned that donors are, nevertheless, likely

to believe that their money is going towards preservation of the Cockshutt Buildings.

William Cockshutt, Citizen

Mr. Cockshutt, grandnephew of James George Cockshutt (founder of the plow works),

was eloquent in his comments on the role of workers and citizens in making the

Cockshutt firm a renowned Brantford institution. He recognized the significance of the

worker housing neighbourhood across Mohawk Road from the factory. He spoke of the

Remaining Warehouse as an integral part of the Cockshutt Buildings, with the Office

section at the front.

Findings of the Board

Based on the testimony before it, the Board concludes that there is essentially no dispute

between the parties on the architectural and historical significance of the Cockshutt

Building.

Opinions differed as to whether the Remaining Warehouse should be included in any

proposal for designation. Mr. Tansley posed the question more than once, which

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prompted others to make specific reference to the Remaining Warehouse in their

recommendations.

In addition to architectural details described by the City, the Board notes that the Office

Building has tapered bricks in the archwork and coloured mortar between the bricks –

detailing of an extraordinary sort showing this to be a finely crafted edifice.

An industrial heritage museum is the only use proposed for the Cockshutt Buildings.

The Board is unable to make any judgment of the viability of such a proposal in the

absence of a thoroughly developed plan of action.

The Board was struck by Mr. Dinsmore's commitment to the well being of the city. His

willingness to forego the proceeds from salvage and to recognize the value of the

Cockshutt Buildings to the Brantford civic fabric is extraordinary, and to be

complimented.

Recommendations of the Board

The Board recommends that the Cockshutt Buildings be designated by By-law under Part

IV of the Ontario Heritage Act.

The Board suggests that the residential neighbourhood adjacent to the Cockshutt

Buildings be cited as a contextual reason for recommending designation. Cockshutt

employees undoubtedly lived there and walked to work. Their landscape is part of the

Cockshutt story.

The Board notes the urgency inherent in this recommendation for designation; the

buildings have been vacant and without heat for 10 or 12 years, and frost action is

beginning to take its toll. Still, the Board believes that the buildings are recoverable, and

is cautiously optimistic that there is sufficient good will by the City and the buildings'

owner for the Cockshutt Buildings to have a secure future.

The Board urges that the City of Brantford and those promoting the museum project

display a passionate interest in the Cockshutt Buildings, as a splendid anchor in a

multiple-use area.

(original signed) by:

______

Andrew S. Mathers, Member

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