By William Crooks

Local Journalism Initiative

Action Patrimoine, a non-profit organization dedicated to the protection and promotion of Quebec’s built heritage, has formally requested May 9 the MRC de Memphrémagog to overturn a recent decision by the Village of North Hatley’s municipal council to authorize the demolition of a historic home located at 190 Main Street.

In letters obtained by The Record addressed to Jacques Demers, Prefect and President of the MRC de Memphrémagog, as well as key provincial officials, Action Patrimoine expressed its strong opposition to the demolition. The organization, which has been active since 1975, argued that the house is an integral part of a protected heritage site established by the municipality in 1987.

Renée Genest, executive director of Action Patrimoine, highlighted in the letter the historical, architectural, landscape, and urbanistic value of the property, which she believes were not adequately considered by the council in their decision. She emphasized that the collective character of the heritage site, rather than individual buildings, contributes to its overall value.

Action Patrimoine had previously voiced its opposition to the demolition on Feb 9, 2023, and March 7, 2024. Despite these efforts, the municipal council followed the demolition committee’s recommendation on May 6, leading to the approval of the demolition.

The organization also raised concerns about procedural irregularities. According to Action Patrimoine, the preliminary program for the reuse of the cleared land, required by the municipality’s demolition regulation No. 2022-641, was not adequately presented.

This program should include detailed plans and architectural elevations of the proposed replacement buildings, but the document submitted to the council lacked these concrete plans. Moreover, it was noted that no maintenance had been performed on the house since 2017, leading to its deterioration, which further complicates the situation.

Action Patrimoine has urged the MRC de Memphrémagog to use its authority under Article 148.0.20.1 of the Act respecting land use planning and development to reverse the municipal council’s decision. They argue that the demolition regulation aims to control demolition works, protect culturally valuable buildings, and manage the reuse of cleared land, which they believe was not adhered to in this case.

Reaction from property owner

The Record contacted 190 Main Street Owner Kimberly Myles May 14 to get her perspective on the decision and more information on how things may unfold in the future.

“The decision has to be reviewed,” Myles said over the phone from New Jersey, “so we can’t make too many plans until we get through with the rest of the process.” She is relieved the North Hatley council made the decision it did May 6. Having to renovate a $300,000 house in a flood zone for $1.2 million is “crazy,” she added.

She appreciates that the town did its due diligence, including a heritage study that showed the house does not have anything more than average heritage value. “Nothing famous ever happened there,” she said. She sympathizes with those who hate to see change, but her plan is to build a single-family home that is in keeping with the other typical homes in North Hatley.

Myles said she was instructed by zoning inspectors that the decision to demolish the house was completely independent from what she planned on building in its place. She emphasized that whatever she decides to build, if given the green light, still has to meet all of North Hatley’s regulations and building codes. “There was no point in taking a design process all the way to completion if we are not going to be able to demolish the house,” she explained.

On March 20, when the demolition committee made its initial decision, Myles was present and said she could prove she did not know the property was classified as a heritage location when she initially made the purchase.

“I’m reluctant to name any names,” she said when questioned on the comment May 14, “we may decide to take some [legal] action on [not being told it was a heritage property].” She said she has it in writing that she inquired on whether or not there were any renovation or demolition restrictions on the house. “We were told we could do anything we wanted with the property,” she said.

Myles was told the MRC will be voting on the decision June 19. It is her understanding that the MRC has 90 days from May 6 to intervene.

MRC response

On May 13, The Record contacted the Memphremagog MRC over the phone for an interview or comment on the issue and left a message with its communications director with a deadline of 3 p.m. The Record followed up on the same day with an email asking what will go into the MRC’s decision, if the public has any influence, and how the process will work.

MRC Representative Philippe Vermette responded via email, which is summarized below:

The MRC can overturn the decision made by the municipality of North Hatley to issue a demolition permit for the building at 190 Main Street, which is located in a patrimonial site designated by a municipal citation by-law. The MRC has a 90-day window from the municipality council’s decision on May 6 to act on this matter.

The MRC will consider this case in a committee responsible for such matters, which is not open to the public. Following the committee’s review, the mayor’s council will either:

1) Approve the municipality’s decision to issue the permit, possibly with conditions;

2) Overturn the permit issuance;

3) Choose not to express any opinion on the matter.

Currently, the MRC has not yet acknowledged the issue and has no predetermined stance on the outcome. Additionally, unlike some urban planning by-laws, the MRC’s decision on this matter does not require a referendum approval.

North Hatley fails to respond

The Record placed three calls to the North Hatley municipality office from May 7 to 9 looking for a comment or interview regarding the May 6 decision, leaving a message each time. The Record sent an email on the same issue May 7. On May 9, the office receptionist answered the phone and confirmed the email had been forwarded to Mayor Marcella Davis-Gerrish.

Editor’s Note: Managing Editor Matthew McCully placed a call to North Hatley on May 13 and left a voicemail for director general Benoit Tremblay regarding the lack of response to media requests from the town and followed up later in the day with a call to the town’s receptionist, who said she would pass on the message. By press time on May 14 no one from the town had returned the call.