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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 g ...(1 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 A4 c niD,S 4 n p,,c 2.0 71,nd Ze ,/L kfr60 a7)1 G ./l rte, 4-�u- "1' S 92 e''v2 411 may p 717a 7 a y P c7J �ccz d 7� 6-vv ot.-r) c CI Ai s; S t G� „y Ci 17 71- In712 C 071,4 sir ono 1,21,1A /7 ANY -i Pe '9 X 6vv G 7G a-a ,/,y /s d 'bit Le ez, 7-77 74 v 1 /s "4/Z€ Ay C44 .%G. 72- s -1-f a,nd ice_ c✓7 i I VO 1 ,24 ozco si2e_ex(ei 571714/7if c s1-_- ce/rn•Q Ar ,6 r/ Jae v� oa�a�� ,icd J t/ 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.