HomeMy WebLinkAboutCorrespondence Bussell
Kriegsmann RECFWWED
Ronald L. Bussell Attorneys at Law L 9 2003
Donald D. Bussell DOCS
Sonja A. Kriegsmann
July 9, 2003
Legal Assistant Jon C. Dobosiewicz
Kimberly A. Snyder Planning Administrator
Department of Community Services
One Civic Square
Suite 202 Carmel, IN 46032
703 Pro -Med Lane
Cannel, IN 46032 Re: Carmel Cemetery
Telephone: 317 574 -2434 Docket No 69 -03 DP /ADLS
FAX: 317 -566 -9550
Dear Mr. Dobosiewicz:
I have enclosed reduced copies of the current development plan for the
and the landscape plan for the Carmel Cemetery expansion. These reflect a
substantial change from the plan originally proposed.
It was apparent that the development for the US 31 improvements were
not sufficiently progressed that any determination could be made by IDOT
with respect to the actual needs for additional right -of -way. Therefore, the
Cemetery Association agrees that the allowance of a 90 foot setback is
appropriate at the present time. In future years, when the highway plans are
more definite, and probably after construction, the Cemetery Association may
want to revisit use of additional space along the US 31 right -of -way.
In addition, the plans were modified to allow the 15 foot setbacks along
the boundries with business districts. The Cemetery is requesting that the
setback requirements for the southwest boundary (along the current Monon
Trail) be reduced from the 45 feet required for a residential district to 30 feet.
They are also requesting that the south setback (along the proposed Cool
Creek Trail) be set at ten feet. The Cemetery Association will transfer the fee
simple rights to the necessary right -of -way for the Cool Creek Trail to the
City. A petition has been filed with the BZA for the set back waivers.
With respect to the landscape plan, a concern was raised in committee
about the use of white pines. The landscape plan submitted with this letter
does not indicate a change. I have enclosed a letter from the Cemetery's
horticulturist indicating that the location proposed for the white pines
currently has a number of them growing and healthy. The Cemetery
Association is willing to substitute with higher cost trees (Austrian Pine or
Norway Spruce) if the Commission directs.
Estate Business and Succession Planning Real Estate Banking
Also, at the Committee meeting, concern was expressed with respect to
the care of the cemetery property. I have enclosed a letter from the Cemetery
and a set of their rules. They will commit to the standards outlined in these
documents.
Sincerel
nald L. Bussell
RLB:db
Estate Business and Succession Planning Real Estate Banking
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Green Vista Landscaping
6 17238 Willowview Rd.
1 Noblesville, IN 46060
(317) 773 -7911
Fax (317) 776 -2468
June 8, 2003
To Whom It May Concern
I composed this letter in regards to the landscape plan for the Carmel Cemetery expansion. It has been
brought to my attention that the choice of using White Pine trees along U.S. 31 has raised some concerns by some
board members. These concerns primarily consist due to the fact that White Pines tend not to be as healthy as
other evergreen tree varieties especially in this area. While, I do not disagree that White Pine trees tend to have
more problems in this area due to our soil, climate, and insects compared to other evergreen varieties. It has been
my experience over the last twelve years that White Pines can still survive and thrive in our area, especially when
planted with existing White Pines that are large and healthy. This is and would be the case along U.S. 31 where
there already exists many extremely healthy, full, and large (at least 20 -25' high) White Pines trees. These trees
have flourished in this area with no evident health or insect problems. This leads me to be very confident that
planting additional White Pines in this area should not raise any concerns, and that these trees should survive and
prosper just as the existing White Pines have done for so many years.
Sincerely,
T.J. Hou talen
Horticulturist Landscape Designer
CARMEL CEMETERY
LOCATED ON NORTH RANGELINE ROAD
P.O. BOX 4031 CARMEL, IN 46082
317-730-5425
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CARMEL CEMETERY ASSOCIATION
ESTABLISHED IN 1833
FOR ADDITIONAL INFORMATION OR AN APPOINTMENT
PLEASE CALL 317 730 -5425
PRICING
SINGLE GRAVE LOT 4' X 12' $500.00
WEEKDAY OPENING /CLOSING FEE $450.00
SATURDAY /SUNDAY/ HOLIDAYS OPEN /CLOSE FEE $500.00
SELECTED CREMATION/1NFANT LOTS AVAILABLE $250.00
CREMATION /INFANT OPEN /CLOSE FEE $250.00
SATURDAY /SUNDAY HOLIDAY OPEN /CLOSE FEE $300.00
PLANTING OF TREES, BUSHES OR FLOWERS, ARE RESPECTFULLY NOT
PERMITTED. FROM NOVEMBER 1ST TO MARCH 1ST GROUND
DECORATIONS ARE PERMITTED. ALL OTHER MONTHS PLEASE
DECORATE ONLY ON OR AROUND MONUMENT TO ALLOW FOR LAWN
MAINTENANCE PURPOSES. FOR A COMPLETE LIST OF CEMETERY
REGULATIONS, PLEASE REFER TO THE BURIAL LOT DEED. YOUR
COOPERATION REGARDING THESE REGULATIONS WILL ENSURE A
WELL MAINTAINED CEMETERY.
THANK YOU,
CARMEL CEMETERY
BOARD OF DIRECTORS
DEED
RULES AND REGULATIONS FROM
ARTICLE I Carmel Cemetery
Association
Section 1. Any person desiring to acquire lots In the Cemetery
shall conform to the terms and requirements of the Superintendent TO
and Trustees But a partial payment shall not confer any title.
ARTICLE II Section 8. All lot owners are prohibited from selling their lots
Section 1. The proprietor of each lot shall have the right to In whole or In part, or from transferring the same without the
erect proper stones, monuments or sepulchral Structure strictly express consent of the Board of Directors of the Cemetery.
subject to the regulations governing the same. Section 9. Private fences or enclosures around lots will not be
Section 2. All persons are prohibited from planting trees, allowed.
.shrubs or plants on lots or graves and will be prohibited from Section 10. Trellises of any kind are prohibited on the grounds
planting any flowers In the Cemetery grounds. They may decorate of the Cemetery.
with flowers as their taste may dictate. Flowers are permitted In
vases or urns and cut flowers may be Placed upon graves but will Section 11. No enclosures of any kind allowed around graves.
be removed as soon as they become faded and unsightly in
appearance. Section 12. No trees, plants or shrubs In the corners of lots as
Section 3. If any trees situated In any lot shall, by means of boundary marks allowed.
their roots, branches, height or otherwise become detrimental to
the adjacent lots, walks, or avenues or dangerous or inconvenient Section 13. Lot owners are prohibited from placing on lots or
to passengers, It shall be the duty of the Directors and they have a graves all toys, cases, boxes, globes, shells, can„ jugs, bottles and
right to enter into said lot and remove the said trees or shrubs or bric -a -brac of every description; any such article found on the
such parts thereof as are thus detrimental, dangerous or Cemetery grounds will be removed, except as provided for in
inconvenient. Article II, Section 2.
Section 4. Lots shall not be used for any other purpose than as Section 14. The grading of all lots must be under the direction
a place of burial for the dead, and no trees within the lots or of the Superintendent, and by hands employed regularly on the
borders shall he cut down or destroyed without the consent of the grounds.
Directors of the association.
ARTICLE III
Section 5. If any monument, effigy or any structure whatever Section 1. The Superintendent is charged with the execution
or any inscription be placed In or upon any lot which shall be of these rules and regulations. It is of the utmost importance that
determined by the major part of the Directors to be offensive or there should be a strict observance of all proprieties due the place,
improper or injurious to the appearance of the surrounding lots or whether embraced in these regulations or not, as no impropriety
grounds, the said Directors shall have the right and it shall be will be permitted to pass unnoticed. All well disposed persons
their duty, to enter upon such `lot and remove the said offensive will confer a favor by informing the Superintendent of any breach
improper object or objects.
of these rules that may come under their notice.
Section 6. Proprietors shall not allow interments to be made in ARTICLE IV
their, lots for a remuneration. All interments In lots shall be
restricted to the members of the family and relations to the Section 1. Only one stone may be placed at a grave, both head
proprietor thereof, except special permission to the contrary be and foot stones will not be allowed.
obtained, in writing, from the Directors.
Section 7. All deeds when executed shall be construed as Section 2. Curbings around graves will not be allowed on the
simply granting to the proprietor of the lot conveyed to the use of Cemetery grounds.
said lot for burial purposes for the interment of himself, his family, ARTICLE V
his relations and descendants and such other person as he shall
have the permission of the Board to bury thereon as above Section 1. The Board of Directors are authorized to adopt any
provided. But such burial rights shall be personal to himself and further rules and regulations that may be necessary to enable them
the persons above named; and such rights shall not be to better and more efficiently conduct the affairs of this
transferable either by voluntary or involuntary conveyance, to
any other person or persons without the express consent of the association.
Board of Directors of the Cemetery. Section 2. The Superintendent shall be under the control of the
Board of Trustees and shall act only upon their advice and
consent.