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HomeMy WebLinkAboutJune 19924 . 6 AGENDA OF THE REGULAR MEETING OF THE HISTORIC PRESERVATION COMMISSION Regular Monthly Meeting County Conference Room 7:30 p.m. 7th Floor, County/City Building June 15, 1992 I. Call to Order II. Roll Call III. Public Hearing A. Certificates of Appropriateness 1.1021 Riverside Drive -- Riverside Drive LHD 2.1071 Riverside Drive -- Riverside Drive LHD 3.1215 Riverside Drive -- Riverside Drive LHD B. Riley High School -- Second Reading C. Riverbend Proposed LHD -- Second Reading D. Tutt -Stuckey Cemetery -- Second Reading E. Ullery Cemetery -- Second Reading IV. Regular Business A. Approval of Minutes -- May, 1992 B. Treasurers Report -- May, 1992 C. Correspondence D. Committee Reports 1. C of A (Staff Approvals) 1.1138 East Wayne -- East Wayne Street LHD 2.1215 East Wayne -- East Wayne Street LHD 3.1614 East Wayne -- East Wayne Street LHD 2. Budget and Finance 3. Legal 4. Historic Districts 5. Historic Landmarks 6. Standards and Maintenance 7. Personnel 8. Staff Reports V. Old Business VI. New Business A. Proposed Ordinance: Temporary Delays VII. Hearing of Visitors VIII. Announcements & Miscellaneous Matters IX. Adjournment COMMISSION MEETING VISITOR ROLL .-June 15, 1992 Visitors: Please fill in your name and organization (if applicable) so your presence can be officially recorded for the Commission's records. Thank you. 21 2 22 3 2 3 4 24 /J/;.?co 25 6 26 0_1� 7 2 7 8 28 9wfi 29 al 10 30 3 1 v 12 32 13 33 14 34 r� {"� �c E! rt S c f CC 3 5 15 16 36 17 e��O­A�L 37 18 38 19 39 20 40 June 5, 1992 STAFF REPORT Jean Crumlish .1021'Riverside Drive South Bend, IN 46616 STATEMENT---OF—STGNIFICANOE7HTSTOR-EC--Cvli--.�r,x -, -- --- The c. 1907 Queen Anne style residence at 1021 -Riverside Drive is rated a C/9 -on the city resurvey. Recent work -by the current owners, i.e...the removal of synthetic.siding and the restoration_ of the original clapboard, may warrant the upgrading of this rating to .a C!10. Located in the Riverside Drive Local Historic District, the building is set among house of similar era, style, and proportion. PROPOSED CHANGE l. -Remove two evergreen shrubs from front yard.. Replace with more traditional .foliaae: three spireas.and three burning.bushes. 2.. Remove -fragmented, deteriorated fencing on property line with 1025 Riverside.Drive. Replace with 42." -picket fence, in-kind,, with original gate. STANDARDS I. Environment B. Building Site and Landscapinq. 1) Required — - -- -- =P -1 -ants, -tree, f-encing, walkways, private yard Lights -,— signs (house numbers)_. and benches which reflect the property's history and-developmentshall be retained. - 2) Recommended New site work should.be based upon actual knowledge of the past appearance of-the_pr.operty found in photographs, drawings, -and newspapers. New site work should -also be appropriate to existing surrounding site elements in scale, type, and.appearance. Plant materials and trees in close proximity to the building __:that .are .-causing deterioration to the building's ..his-tcri-c :fabric- .should be .removed. However, trees__ -a...._ plant materials that :must be removed should be -- immediately replaced by-.suitabl:e .flora. --. 3) Prohibited _ .NA- -changes -_may be made to the .appearance of the site_ -by -removin-g- old. plants, trees, .fencing, _walkways, -:. - outhuiadings, and .other elements before evaluating their tante tu. theproperty's history and --development—:5­— Fran y rS:x ae s" shal'1 not be fence' and fences shah' gnat-_ext_end=:foruasd:beyond the_ -seta back .line of the _pr_op.erty = - RECOMMENDATIONS The first proposal is keeping with the pertinent standards as cited above. Proposal One, as submitted, will not have a detrimental impact on the historic fabric of the site or the district as a whole. The bushes to be removed are non -historic, and proposed replacements should visually upgrade the property. I recommend that the Commission approve this proposal as submitted. The second proposal is not in keeping with standard II.E.(3): the proposed fence extends beyond the set back line of the property. However, fencing in this area existed previously to the implementation of the district, a deteriorated fragment of which currently remains. The proposed fence is an improvement over the existing conditions. I recommend that the commission moves to approve this portion of the application as it is in keeping with previously existing conditions and can be regarded as "maintenance". -- J. Vincent Pastor Staff, Historic Preservation P Staff.Report: COA - Riverside F. Holycross June, 1992- 1071 Riverside Drive Owner: William F. Moran Drive LHD Statement of Significance/Historic Context 1071 Riverside Drive is an American Foursquare. -residence with Prairie influences built in.1911. It is a,Contributing (C/9) structure -in the Riverside Drive Local Historic District. The structure was -built for local attorney, Oscar Lippman, -and remains_ in 1992 as a fine example of i,ts_type with few alterations. COA Proposal The owner wishes to install a new sidewalk of poured concrete on the east side. of the, house running from the entry gate,- located just north. of the side entry; -to the -garage—This walk would be incorporated into a new patio located at the south of the residence. It is intended that the sidewalk, according to this plan, entirely fill the space between the house and. the fence except for a small area to be used as-a.flower bed. It is.intended.that.the patio extend fifteen (15') feet from the rear of .the house except for a -space for a flower bed to extend the width of the rear enclosed addition. Relevant Standards Riverside Drive LHD Standards require that "walkways ... which reflect the property's._ history, and . development be retained."[B(91):p.181 There are.no specific standards.addr.essing patios. _ Recommendations 1. The sidewalk to be replaced should be considered "historic", as it likely existed when the house and garage were.constructed; it -is a typical feature of such.structures. However, the walk is deteriorated and sections are missing;. its. replacement -.."'in kind" would: be appropriate if-the_original_materials and.dimensions.were retained.-- The etained._ The proposal, however, is not appropriate. The owner wishes to fill the entire area between the.house. and fence with concrete.. and to continue that width to the garage. _This would _negate theA ntended shape -of the original walk which runs between_ the house and garage, curves. gently just beyond the edge of the rear. addition,.and continues to the garage, the entire walk being of the same width. At the garage, the walk turns east to meet the garage door._ It is recommended that the owner replace the existing poured -concrete sidewalk with a walk exactiv replicating the oriqinal in both material and dimensions. 2. Although the standards do not specifically address patios, the proposed patio should be constructed so as not to retract from the historic appearance of the rear yard. In order to do so, it.should not extend beyond the width of the house nor interfere with -existing f lowerbeds .along the west _fence line. It is recommend that the proposed patio be approved with'the stipulation that it does not extend bevond the width of the house nor should it extend more than the proposed width of fifteen feet (15') from the rear of the house (south side).- Staff Report: COA - Riverside Drive LHD F. Holycross June, 1992 1071 Riverside Drive Owner: William F. Moran Statement of Significance/Historic Context 1071 Riverside Drive is an American Foursquare residence with Prairie influences built in 1911. It is a Contributing (C/9) structure in the Riverside Drive Local Historic District. The structure was built for local attorney, Oscar Lippman, and remains in 1992 as a fine example of its type with few alterations. COA Proposal The owner wishes to install a new sidewalk of poured concrete on the east side of the house running from the entry gate, located just north of the side entry, to the garage. This walk would be incorporated into a new patio located at the south of the residence. It is intended that the sidewalk, according to this plan, entirely fill the space between the house and the fence except for a small area to be used as a flower bed. It is intended that the patio extend fifteen (15') feet from the rear of the house except for a space for a flower bed to extend the width of the rear enclosed addition. Relevant Standards Riverside Drive LHD Standards require that "walkways ... which reflect the property's history and development ... be retained."[B(91):p.18] There are no specific standards addressing patios. Recommendations 1. The sidewalk to be replaced should be considered "historic" as it likely existed when the house and garage were constructed; it is a typical feature of such structures. However, the walk is deteriorated and sections are missing; its replacement "in kind" would be appropriate if the original materials and dimensions were retained. The proposal, however, is not appropriate. The owner wishes to fill the entire area between the house and fence with concrete and to continue that width to the garage. This would negate the intended shape of the original walk which runs between the house and garage, curves gently just beyond the edge of the rear addition, and continues to the garage. the entire walk being of the same width. At the garage, the walk turns east to meet the garage door. It is recommended that the owner replace the existing poured -concrete sidewalk with a walk exactly replicatinq the original in both material and dimensions. 2. Although the standards do not specifically address patios, the proposed patio should be constructed so as not to retract from the historic appearance of the rear yard. In order to do so, it should not extend beyond the width of the house nor interfere with existing flowerbeds along the west fence line. It is recommend that the proposed patio be approved with the stipulation that it does not extend bevond the width of the house nor should it extend more than the proposed width of fifteen feet (15') from the rear of the house (south side). A � u� Plan submitted by owner's representative, 6-5-921 u� Plan submitted by owner's representative, 6-5-921 June 2, 1992 STAFF REPORT Logan, c/o Jerry Oberly 1215 Riverside Drive South Bend, IN 46616 STATEMENT OF SIGNTFICANCE/HISTORIC CONTEXT The c. 9902 American Four Square dwelling at 1215 Riverside Drive is located within the Riverside Drive Local Historic District boundaries and is rated a C/10 on the city resurvey. T+ -c first residents were Howard and Emily Webster; Mr. Webster was a roadmaster for the C.I. & S. Railway. The building is now owned by Logan, Council for the Retarded of St. Joseph County. Set on at the intersection of Riverside Drive and Hudson Avenue, J1, is well shaded by mature trees and surrounded by dwellings of similar proportion and era. PROPOSED CHANGE Install balustrade sections at front porch between end posts at east and west ends of porch and one section along front as per submitted elevation. Balustrade to have simple balusters, square in cross section; top and bottom.rails to be milled (see sketch on submitted elevation). Balustrade will sit six inches above porch deck; total height will be approximately 36 inches high. Wolmanized lumber to be used. Finished rail will be painted. Remove wood screen -tracks. -around posts --and under porch entablature. STANDARDS II. Existina Structures D) Entrances, Porches, and Steps The majority of the houses in the Riverside Drive Historic District have either an open or enclosed porch across the front. Most have either hig or gable roofs or are covered by the main roof of the house'. 1) Required Existing or original porches and steps, including handrails, balusters, columns, brackets, tiles, and roof decorations shall be retained or replaced by replicas of the same design and materials when deteriorated beyond repair. Porches and additions reflecting later architectural styles, and which are important to the building's historical integrity shall be retained. 3) Prohibited Front porches and steps that -are important to the building's style and development may not be altered or removed. 4) Not Recommended Original porch details should not be replaced with materials representing a different period or style from the original. RECOMMENDATIONS The proposed change is inkeeping with the -pertinent standards as cited above. The railing as proposed is similar in form and style to original porch railings found on American Four Square dwellings throughout the city. The screen tracks to be removed are standard lumber strips ps and are not original; removal of these will return the porch supports and entablature to the original form and appearance. I recommend that the Commission moves to approve the proposal as submitted. -- J. Vincent Pastor Staff, Historic Preservation 1215 Riverside Diagram of new porch railing to be installed. r __ ■ ■uuuuu■ 1215 Riverside Diagram of new porch railing to be installed. STAFF REPORT: JAMES WHITCOMB RILEY HIGH SCHOOL Fred M. Holycross Director June, 1992 At the May 18, 1992 HPC meeting, a proposal was submitted by a group of residents on the southeast side of South Bend asking for the HPC's recommendation to the South Bend Common Council for the designation of Riley High School as a Local Historic Landmark. At that meeting the HPC announced the proposal with a First Reading; a Public Hearing concerning the matter will take place at the June 15, 1992 HPC meeting. The issue of the future of Riley High School has generated a great deal of controversy; the HPC has been asked to intervene by recommending the protection of this structure through the landmark process. In order to forestall accusations of bias, the landmark decision should be made "outside" of the controversy; this report is an effort to analyze the issue strictly from the preservation and historical perspective. Riley High School is a good example of the Collegiate Gothic style. It was designed by local architects Ennis R. Austin and Norman Roy Shambleau, one of many significant examples of their work remaining in the area. Riley was rated as a S-12 on the 1979 Indiana Historic Sites and Structures Survey. The building, however, has undergone major alterations -- a series of additions have been attached to the building on its rear (the north side) including a three-story classroom addition and a gymnasium. The original facade (1924) remains essentially intact on the front (south) and the east and west sides of the structure. This facade, of brick and carved stone with large decorative spandrels, polychrome brickwork and other decorative details, is the portion of the building -- the "significant historic fabric" -- that should be of the greatest concern from the HPC's perspective. It should be noted that the facade has been tuck -pointed at some time in the recent past. Unfortunately, the tuck -pointing was done in a sloppy manner; insufficient attention was paid to removing excess mortar and matching the shape of the original joint, consequently the facade's original appearance has been seriously degraded. As part of the evaluation of this school structure, the building should be compared with the city's other educational buildings. Historically it is neither of greater nor lesser importance in relation to other early -twentieth century schools in the city. The school should be seen as an example of the general move toward the modernization of educational facilities early in this century -- a process that included all areas of this city and was also occurring throughout the country in the period. Riley in 1 this regard is equivalent historically to all of the city's schools constructed in the twentieth century. Riley's place in.the built -environment .is of similar status -- it is a good example of its type but with no unusual characteristics in relation to others in the city. Madison Elementary School (804 N. Lafayette) and, especially, Monroe Elementary School (312 E. Donmoyer) are both better examples of the Collegiate Gothic style -- mainly because they have undergone fewer alterations. Of the three, Monroe might be the building best suited to being first targeted to be protected by landmark status. It is an unusually ornate and intact Collegiate Gothic structure; it is the primary example in the city. However, Riley is certainly significant as an important element of its immediate built -environment. Its size and placement adjacent to the Studebaker Golf Course make it an important focal point for the neighborhood. Its demolition, or further defacement of its historical facade, would do irreparable harm to the general environment, or subjective "feel," of the neighborhood. The structure provides an element of grace and beauty that would not be easily replaced. In addition, Riley's historical role as the center of secondary education on the city's southeast side makes it an important element in the social and cultural development of this section of the city. Residents have been graduating from high school here since 1931; the school has served four generations of students; both are important reasons why its possible demolition evokes strong emotional reactions. RECOMMENDATION Riley High School is deserving of protection and preservation -- it is one of many school structures in the city that were constructed of substantial materials, were intended to be up-to-date educational facilities and were designed with a high regard for aesthetics. The building could easily remain useful into the future; landmark designation would in no way impede future exterior additions or interior renovations and would help ensure that the significant portion of the building -- its facade -- would remain as an attractive element of the streetscape. in addition, destruction of a large structure such as this should be discouraged for environmental reasons in addition to cultural and historical concerns. Demolition of this building would only serve to further degrade the environment by adding to landfill overuse. It would be a waste of raw materials -- both those in the building and those needed to build a replacement -- to allow the demolition of a structure that continues to serve useful purposes now and, with the proper care, into the future. The HPC cannot control the use of buildings owned by other government bodies even if landmarked; the School Corporation has an agenda, for instance, that has nothing to do with the preservation of its collection of historic buildings. I suggest a comprehensive study be undertaken that would assess the city's entire collection of historic school_ structures, to be followed by a objective plan for landmarking such buildings in a oil ■ methodical, step-by-step manner, if it is practical. The continued use, or readaptive use, of early twentieth-century schools is not only a local issue. Communities around the country are trying to come to terms with the issue of whether to maintain these structures for current needs or to replace them. Many people, including most preservationists, are convinced that these buildings should be saved and either continued to be used as educational facilities or readapted to other uses. Locally, the HPC has already placed two such buildings under its protection -- Central High School and Oliver School. Unfortunately, both of these Local Landmarks today sit empty and provide examples of the problems inherent in their reuse. It seems wise for the HPC to steer an objective course through this often contentious dilemma by asking for community input and landmarking such structures in a coherent manner. 3 STAFF REPORT: HISTORICAL DEVELOPMENT OF JAMES WHITCOMB RILEY SCHOOL Dr. Sushmita Hodges Research Historian May, 1992 What is now known as Riley High School was erected on Studebaker Park as the South East Junior High School in October, 1924. It was built to resolve the school congestion problem in South Bend and particularly to benefit the boys and girls residing on the south side.[1] The school building was built under the direction of ten members of the Rotary Club, who looked over the project from the design stage to the actual construction of the building. It was the close cooperation among these Rotarians that resulted in the construction of a fine, sturdy building such as the Riley High School. Although the construction of the new Southeast Junior High School was completed in October, 1924, it was not formally dedicated until March, 1925. The new structure was appropriately described as "an imposing edifice, commodious in its facilities, and a model in modern equipment." It was a significant addition to the schools in the city of South Bend. At the dedication ceremony Dr. E.C. Elliott, president of Purdue University, was the principal speaker. In his address, Dr. Elliott dedicated the new school to "the spirit of service to the thousands of children across the country seeking a quality education." He claimed that these children were the inspiration for seeking a highly evolved educational system, that would be housed within a fine structure such as the new Southeast school.[2] School Buildinq and Facilities The new school structure with its grounds cost the school corporation $600,000.00. The building was constructed three stories in height and was originally 358 feet in length by 150 feet in width. The long, spacious corridors through the center of the three floors were built of terrazzo flanked by yellow face brick wainscoting. In addition to the thirty-two regular classrooms, there were other rooms providing opportunities for other "modern" facilities, such as the auditorium, with a seating capacity of seven hundred and fifty. Also located on the first floor were the general offices, the varied industry shop, the girls' gymnasium locker and shower room. Attached to the auditorium was a balcony, a store room, large stage, two small dressing rooms, and a motion picture booth. The gymnasium balcony had a seating capacity of three hundred.[3] 1 On the second floor was the art room, music room and staff rest room. The library was located on the third floor along with a librarian's room, a sewing room, two domestic science rooms, a cafeteria and a suite of model housekeeping rooms for the teaching of household arts. These rooms consisted of a dining room, kitchen, bedroom and bathroom. The cafeteria was constructed to accommodate two hundred and fifty at one time and each day served from three to five hundred students and teachers. Located in the basement under the gymnasium was the boiler room, the fan ventilating system and the boy's gymnasium and locker room.[4] Thus the new Southeast junior high school was built as a spacious structure with modern facilities to accommodate the needs of a growing student body. By 1927, Southeast Junior High was renamed the James Whitcomb Riley School. The change in the school's name coincided with the celebration of the birthday anniversary of the eminent Hoosier poet, James Whitcomb Riley. From October 1927, on the school was referred to as the Riley School.[5] In 1929, in order to better serve the needs of the students living south of Ewing avenue and west of the seven hundred block, there was a $100,000.00 addition made to the Riley School, thus making it a Junior -Senior High school.[6] THE TEN ROTARIANS As stated above, ten members of the local rotary organization were responsible for the conception and construction of Riley. Those involved were: Superintendent of Schools W.W. Borden, who first recognized the need of such a building; Dr. R.B. Dugdale, president of the Board of Directors of the local schools, who endorsed Borden's recommendation; Ennis R. Austin, who played a leading role in designing the building; G.T. Nethercutt, superintendent of construction once the plans were finalized; H.G. Christman, member of the Christman Company, in charge of the building project, assisted by J.F. Christman, a member of the same company. The electrical work was done by Don McGregor, representative of the Electric Service Company, and the lighting fixtures were supplied by the George E. Wheelock company, who were also Rotarians. The electrical fixtures were manufactured by F.A. Clark and Emil Hawkinson, of the Western Electric Company.[7] From among the ten Rotarians, those that directly played the leading roles in making James Whitcomb Riley school a reality were W.W. Borden, Dr. R.B. Dugdale, architects Austin and his partner, Shambleau, and builder -contractor H.G. Christman. Not only were these individuals closely associated with the conception, design and the actual construction of the school, but they each had illustrious professional careers and held noteworthy positions in South Bend society. It is therefore historically appropriate to study them in some detail. Walter W. Borden Borden was Superintendent of city schools at South Bend beginning in 1919 and was widely recognized for his expertise in school 2 administration. He was born at Brink Haven, Ohio, the son of Henry T. and Hannah Jane (Hyatt) Borden. He first graduated from Wooster College in Ohio, and then received his Bachelors degree from Ohio State University. In 1925 he received his Master of Arts degree from Columbia University. In addition to his academic background, W.W. Borden had extensive administrative experience, holding the office of Superintendent of Schools at Fredericktown, Ohio from 1905-1912, followed by the same position in Orville, Ohio from 1913-1916 and serving in the same capacity in Bucyrus, Ohio from 1916-1919. At the end of his term in Ohio, W.W. Borden accepted the responsibilities of Superintendent in South Bend. Borden married Miss Maud W. Bailey, daughter of Mr. and Mrs. William Bailey of Brink Haven, Ohio. They were parents of Esther Ione Borden.[8] Borden's tenure as Superintendent of South Bend schools was considered to be quite progressive. A great deal of attention was paid to educational expansion, including physical and academic curriculum. In addition, many schools were either remodeled or built during his years as Superintendent. Among them, the James Whitcomb Riley School, was a significant addition.[9] R.B. DUGDALE Dr. Richard B. Dugdale was one of the three men on the Board of School Trustees who was seriously concerned with providing adequate educational facilities in South Bend. Dr. Dugdale was considered by his peers to be intensely interested in school matters and was described as making "a conscious effort to improve the quality of educational system [throughout] the state of Indiana."[10] Dugdale was born in South Bend on Sept.17, 1868. He graduated from South Bend High School in the class of 1887, and from Rush Medical College (Chicago) in 1892.[11] Dr. Dugdale was mainly involved in the administration of the schools of this city, yet also directed several significant strides made in expanding local educational institutions. One such effort resulted in the building of the Riley School. During his tenure on the school board, the city schools witnessed other significant developments in South Bend. Not only was there an increase in enrollment and growth in the student body but also the standards of education improved. Within a nine year period South Bend occupied second place in the numbers of children receiving education in Indiana.[12] Once the need for a school on the south side of the city was established the process of designing and constructing the Riley school building was undertaken. The designing the building were Austin and are historically significant to the are viewed closely. ENNIS R. AUSTIN Ennis R. Austin has been described 3 architects involved in Shambleau. Both architects a and therefore need to be as an architect of "high ideals and a progressive nature." He was born at Owasco, New York on August 30, 1863. His early education was received in village schools after which he attended High School at Waterloo, Iowa. This was followed by a full course in architecture at Cornell University; he graduated with a Bachelor of Science degree in 1886. He began his architectural career in the offices of the then well known firm of Le Brun and Sons, after which he worked four years at the Tiffany Glass and Decorating Company. In 1892 he came to South Bend and joined Wilson B. Parker forming the partnership known as Parker and Austin. In 1912 he entered into his partnership with Shambleau, and the architectural firm then assumed the name Austin and Shambleau. The firm designed many significant buildings and houses in South Bend. Among some of them were the Tower Federal Building, the South Bend Tribune, the Y.M.C.A. and the Federal Post Office. Most of their significant houses were designed in the 1910's and 20's. Austin was elected a member of the American Institute of Architects in 1896. Austin was also a fellow of the American Institute of Architects and was president of the Indiana chapter of A.I.A. in 1911, 1913 and 1921.[13] NORMAN ROY SHAMBLEAU N. Roy Shambleau was born in Canada and lived in London, Ontario till he was eleven years old. When seventeen he moved to South Bend. In 1908 he began a brief partnership with local architect, Ernest Young. In 1912 he entered his partnership with Ennis Austin[14] Architecturally Shambleau's work stood out as a mark of distinction. His vision of South Bend was that it would develop into a city and community of "beautiful homes and magnificent buildings."[15] in this context, the James Whitcomb Riley school represents as a distinctive structure within the South Bend architectural landscape designed by Austin and Shambleau. It was the product of two of South Bend's leading architects -- a good example of the best of local architectural heritage. HENRY H. CHRISTMAN Another individual closely associated with making this outstanding structure a reality was the builder H.G. Christman. Christman was born in South Bend on February 18, 1869 and lived here all his life. At the age of eighteen he was engaged as a carpenter's apprentice under Mr. Chris Fassnacht. In 1894 Christman embarked on the contracting business for himself. Soon, through his "diligence and honest effort," the H.G. Christman company expanded and had offices in Detroit, Lansing and South Bend. By 1900 Mr. Christman was regarded as a leader in his field and was responsible for the construction of numerous significant buildings. In addition to the Rotary Club, Christman was a member of the Chamber of Commerce, was Director of the South Bend Country Club, the Citizen's National Bank and the National Discount Corporation.[16] 4 HERBERT GLENN IMEL Herbert Imel was the first principal appointed in 1929 after Riley became a Junior -Senior High school. Under Imel's direction and guidance the Riley Junior and Senior high school flourished. Significant strides made by the school during Imel's position as principal included the school's becoming a member of the North Central Association, on the honor list of high schools in the state. Being a member of this association allowed Riley graduates to enter the Colleges and Universities that belonged to this association and other associations affiliated with it. In addition, during the second semester of the school year of 1930-31, the graduating senior class was given a permanent commission from the state Department of Education as a six year high school (grades seven to twelve). Also under Imel's direction, the school and student body started a year book entitled Hoosier Poet, the first issue of which was published in 1930. The first issue of the Hoosier Poet was dedicated to the James Whitcomb Riley Junior and Senior High school which, in the words of its editors, was "in ... times past and ... today serving to inspire its students to greater achievements and nobler service to society."[17] Riley's first high school class graduated in June, 1931 with one hundred students receiving degrees; in January, 1932 the school graduated the second class, consisting of fifty eight students. The graduates' during Imel's office as principal were considered quite successful and many entered various colleges and Universities in Indiana and other states. Some attended nursing schools, others business colleges, and some were engaged in other "gainful occupations." Because of the high standards of the honor roll, Riley students were eligible to apply for numerous scholarships, including the Austin scholarship in Business Administration at Northwestern, worth $4,150, the Bryan scholarship, open to Boy Scouts "of exceptional merit," the Grain Dealers Association Award in Commerce, the Rector Scholarship at DePauw University and the Emily Jane Culver Award.[18] Imel's assignment in Riley gave him the best opportunity of his career to use his talents as an educator. imel was considered well qualified to fill the position of principal. He received his degrees from Indiana University and obtained training at Harvard and Columbia Universities. His B.A. degree was awarded in 1914 and his M. A. in 1916. He started his teaching career in a rural school in Shelby County in 1899 and in 1902 became principal of a township high school there. In 1903 he came to South Bend to be Superintendent of Schools in the town of River Park, later incorporated into South Bend. in 1909 he was appointed principal of the Studebaker School. From March 1 to August 1, 1919, he was acting Superintendent of Schools of South Bend. From 1922-1927 he was principal at Oliver School. From 1928 to 1929 he was principal of the Washington Junior High School. Because of his wide range of experience and his ability to organize the curriculum at the junior and senior high school level he was appointed principal of Riley.[19] 5 During the first decade of its existence the James Whitcomb Riley school grew and developed into a full fledged high school. It shared the goal common to educational facilities of its day by maintaining high standards and "constantly striving for increasing knowledge." It is therefore worthy of preservation and designation as a historic landmark, not only as an example of an exceptional architectural type and as a fine educational institution, but also as a significant part of South Bend's past and present social fabric. NOTES 1. South Bend News Times, (10-26-24) 2. South Bend Tribune, (3-26-25) 3. Ibid 4. Ibid 5. South Bend Tribune, (10-8-27); News Times, (10-25-27) 6. South Bend Tribune, (1-16-29) 7. South Bend News Times, (2-23-25) 8. Charles Roll, Indiana One Hundred and Fiftv Years of American Development, Vol. 3 (Chicago & N.Y.: The Lewis Publishing Company, 1931), pp.172-173. 9. South Bend Tribune, (3-26-28) 10. South Bend Tribune, (3-15-27) 11. South Bend Tribune, (6-22-32); News Times, (7-6-27) 12. South Bend News Times, (7-6-27) 13. Indiana Historic Sites and Structures Inventory (South Bend: Historic Preservation Commission, 1982), p.29; South Bend and The Men Who Have Made it, Compiled by Anderson and Cooley, (South Bend: The Tribune Printing Co., 1901),p.285 14. Indiana Historic Sites and Structures Inventory, p.33 15. South Bend Tribune, (5-6-27) 16. South Bend News Times, (4-21-27) 17. Hoosier Poet, Vol.1, No.1, December 1930. 18. Hoosier Poet, April 26, (Spring) 1932 19. South Bend News Times, (3-22-34), obit. [:S STAFF REPORT: PROPOSED RIVER BEND LOCAL HISTORIC DISTRICT Fred M. Holycross Director May, 1992 There will be.a Public Hearing at the regular monthly meeting of the HPC on June 15, 1992 in order that the Commission might make a decision concerning a proposal to recommend to the South Bend Common Council the designation of a portion of the neighborhood east of Memorial Hospital and south of Leeper Park a Local Historic District. This proposal is sponsored by the River Bend Neighborhood Association. The River Bend Neighborhood Association has presented the HPC with both a petition signed by its members and an individual petition signed by property owners in the neighborhood. The area contains eighty-eight (88) separate parcels (lots); the association has gathered petitions in support of a historic district from forty-six (46) parcel owners or 52% of the total. The proposed area is bounded by Bartlett Street on the north, Marion Street on the south, the St. Joseph River on the east (with Riverside Drive as the most easterly street) and St. Joseph Street on the west. The area contains eighty (80) primary structures consisting of residences. There are also numerous ancillary structures including garages, sheds and other buildings. The association petition states that its purpose is "to preserv[e] the historical residential character of the neighborhood as well as prevent ... any further deterioration to the homes." According to this document, the petitioners plan to adopt standards similar to those governing Riverside Drive LHD; these standards are to be worked out in negotiation between the association, property owners, the HPC and its staff if the area is designated. The staff has been analyzing the proposal according to the responsibilities mandated by ordinance that state that the "designation of ... Historic Preservation Districts" should be "on the basis of historical and cultural significance, educational value and suitability for preservation.[1] In addition, HPC policy adds a fourth criteria -- evaluation with respect to a area's "portrayal of the environment of a group of people in an historical era."[2] This analysis has also included an update of the numerical count of the Indiana Historic Sites and Structures Survey, specifically assessing the number of remaining contributing and noncontributing structures in the area. Research relevant to the historical development of the area has also been conducted. If the area is designated by the Common Council, the staff will "update Survey cards, including photographs and histories" as suggested by HPC policy.[3] Staff Recommendation It is the staff's opinion that this area warrants designation as a Local Historic District. It is recommended that the HPC send a favorable recommendation with respect to this proposal to the South Bend Common Council. The rationale for this recommendation is based on the following conclusions: 1. The proposed area fulfills the basic criteria relevant to the establishment of a Local Historic District as mandated by city ordinance and previous HPC procedure; 2. The proposed area fulfills the generally accepted criteria for local historic designation used by this and other commissions; 3. The proposed area contains a manageable number of structures that could be adequately administered with present staffing; 4. The residents of this neighborhood have demonstrated adequate support for this proposal. Discussion Conclusion #1: The proposed area readily fulfills the criteria of historical and cultural significance. It is one of the last significant examples of middle-class, early twentieth-century, river -side neighborhoods in South Bend that has not been protected by preservation ordinance. As such, it remains as a coherent, compact collection of buildings reflective of a specific era in South Bend development, fulfilling the fourth criteria mentioned above. The majority of these structures are of the same vintage, built between 1903 and 1920, and remain as a cohesive neighborhood -- much the same as when the area was developed. They are suitable for preservation as a group because of this cohesiveness and their similarity in age, scale, materials and arrangement on the landscape. Retaining the entire neighborhood intact heightens the area's educational utility, especially into the future as other neighborhoods of this era become interspersed with newer and unsympathetic structures and alterations to the older buildings in them. If protected, the neighborhood will remain for future generations to use as an example of a specific time and way of life that has almost disappeared. Historical Development This area was immediately outside of the plat of the original town of South Bend and remained mostly as empty land until it was platted for house construction in 1903 by developers Leslie Whitcomb and Seth Hammond. Before that time it was the site of the final connecting point of the Kankakee Mill Race from the late 1830's to the mid -1850's and was the location of a brick mill and drying yards after 1885.[5] 4 Seth Hammond (1860-1939) and, especially, Leslie Whitcomb (1836-1927) were two of the city's most important real estate developers in the early twentieth century. Whitcomb was the developer of hundreds of homes in the area and platted numerous subdivisions on his own and with others, including (Mayor) Fred W. Keller. He also was involved in financing home sales as Secretary of the Workingmen's Building and Loan Association, an organization responsible for advancing millions of dollars in mortgage monies to local citizens.[6] Hammond was the son of area pioneers who made a living both as a farmer and a real estate speculator and developer.[7] In the early 1890's, a few house and businesses were located on Michigan Street just west of what is now the neighborhood. By the turn of the century residences were beginning to be built on Marion and Navarre streets east of Michigan; north St. Joseph street ending at Soen's Brick Yard, located between what are now Navarre and Marion Streets. In 1903, just previous to the neighborhood's lay -out, Bartlett Street ran from Michigan to the river but as yet had no houses; Navarre and Marion ended at St.' Joseph Street.[8] City directories for 1904 reveal that houses sprang up quickly on Navarre and the east side of St. Joseph streets soon after platting; five houses already appear on the new Hammond Court by this time. By 1906 Marion Boulevard (now Riverside Drive) was being rapidly developed with eight structures existing that year. By 1912 the neighborhood was nearly half full with thirty-nine houses having been constructed. in 1921 the neighborhood as it stands today was essentially in place; seventy-six houses of the eighty remaining in 1992 were occupying the landscape.[9] From the beginning the neighborhood was predominantly middle-class. By the teens almost 80% of the residents here that can be identified by occupation were either professionals, business owners or held white-collar positions of various kinds. The neighborhood was located within easy access to the street -car line on Michigan Street, providing transportation to work and shopping before automobiles came into common use.[10] This area continued as a middle-class enclave up to the Second World War, making the neighborhood a worthy representative example of both a time and a specific class of people. Conclusion #2 Standard criteria for historic districts suggest designating those groups of structures "that possess integrity of location, design, setting, materials, workmanship, feeling, and association."[11] This group of buildings fit readily within this set of criteria. The neighborhood is made up primarily of vernacular Queen Annes, American Four -Squares and variations of these styles built of similar size and materials. The majority are constructed of wood and were constructed by and for a similar market -- the middle-class homeowner and renter. Despite the many alterations to the structures, as a group they have retained the "feeling" of an early twentieth-century neighborhood due to their insulation 3 on the north and east by the park and river. Standard criteria also suggest designating groups of structures that are "associated with significant people, local or otherwise."[12] This neighborhood from the beginning has been associated with significant local individuals. Among them are the developers mentioned above -- Whitcomb and Hammond. In addition, the neighborhood was home to numerous professionals active locally -- lawyers, doctors and the like. There also were numerous business people residing here including: Walter M. Hildebrand, local real estate developer, vice-president of the Staples -Hildebrand Supply Co. (suppliers of much of the materials used in constructing the Studebaker manufacturing complex) and president of the Chamber of Commerce and the City Plan Commission; J.A.M. La Pierre, local pioneer, Civil War veteran and businessman; Christian Soens, proprietor of the last brick yard located in this section of the city as well as owner of the Gasoline Engine Manufacturing Company of Goshen. The area was also the place for the residence of Eli F. Seebirt, local attorney and mayor of South Bend in the 1920's. Overall, as with any local historic neighborhood, it is the neighborhood's "portrayal" of the era that is most relevant in determining its significance. For "Riverbend," it is its consistency over time as a middle-class residential area and its retention of the original material culture and character of the place that make it a good example for understanding local historical and cultural development. Conclusion #3 As noted above, the area presently is made up of eighty houses and ancillary structures. The most recently published (1987) Indiana Sites and Structures Inventory identified twenty-nine (29) contributing structures within these proposed boundaries, approximately 36% of the total. One structure was rated as "significant" (S-11) at that time. A resurvey was conducted this year, consisting of a "windshield survey" and research. This resurvey identified more contributing structures in 1992 than were found in 1987. This was due to two factors: 1. the restoration of some structures (removal of siding, etc.) and; 2. a closer attention to the determination of historical significance of individual structures than was possible during the "mass survey" in 1987. This resulted in the identification of structures that are contributing for their history, not necessarily as architectural examples. In 1992 there are 42 contributing structures, 52% of the total. There are now three structures that should be rated as "Significant" (S-11). As a whole the area retains sufficient numbers of contributing structures, in close enough proximity, to warrant designation. In addition, the majority of structures now considered as noncontributing could be restored to their original state with minimal rehabilitation if the owners so desired. 4 Conclusion #4 As noted above, a majority of property owners in this area are requesting designation; their petitions are on file in the offices of the HPC. Initial interest in the Riverbend LHD standards shows that the residents seem to understand the utility of preservation standards and show a willingness to comply with them -- an important factor in successful future administration of the district. Notes 1. Municipal Code of the Citv of South Bend Chapter 21, Sec. 21-117.2(d):597. 2. Preservation Plan for the Citv of South Bend (Hist.Pres.Comm., 1984): 22. 3. Preservation Plan: 22. 4. Municipal Code: 597; Preservation Plan: 22. 5. David R. Leeper, "Some Local History: The Kankakee Hydraulic Enterprise," South Bend Tribune (2-9-1897). Brick manufacturing was typically done at the construction site in the early years. Brick manufacturing yards became common in Indiana after the 1840's, see George E. Austin and John B. Patton, "History of Brick Manufacturing in Indiana" in The Proceedings of the Indiana Academv of Science for 1971 81 (1972): 230. Locally brick yards did not appear until the mid 1880's, see South Bend Citv Directories (various, 1867-68 to 1886). Microfilm, St. Joseph County Public Library, South Bend, Indiana. 6. South Bend and the Men Who Have Made It (South Bend: 1901): 192; South Bend Tribune (11-17-17): 11:1. 7. South Bend Tribune (5-19-27): 2:1; A History of St. Joseph Countv.1ndiana (Chicago: Lewis Publishing, 1907):1041. 8. Insurance Map of South Bend. Indiana (New York: The Sanborn Map Company, 1885, 1891, 1893, 1899). 9. South Bend Citv Directories (1901, 1904, 1906, 1912, 1921, 1930); microfilm, St. Joseph County Public Library, South Bend, Indiana. 10. Public transportation began in the city in 1885; an electric line was in place by 1898, servicing this area and others until 1940. See Michiana Maqazine (9-26-69):12. Occupational figures are from Citv Directorv: 1912. 11. National Reqister Bulletin 15: how To ADaly the National Reqister Criteria for Evaluation (U.S. Dept. of the Interior):2. 12. 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STREET `af »,• • y( u g y J LN ♦ 7t, .Si?3 W w , W 1t It Gtx fGi \.�Ttt ,•n -" ll N, u Gµ LLI ,u 1e1 yY LIS Lta M•�L a i >•e � -_ — ssi .3 SORIN i STREET $ORIN STREET ,Z ss 1 %». Wim.-.. ;�ry1 it xlir 531 51 , xrxx ` L' s � ►j� — _ _'. _ 3 OJ ' tinM;4' •i �¢ �I af4 - sil a r<3 . > A �r 16 MI Q2t/ s,z f.• ss s,s V ur � tI ITS a - CEDAR i 141 iso 3 .ji y iIF ' 4L 4tr 42. i:l ST. 425 _ 417 t41I HO: 41Z 415 N W \- w - g �" —M �r 5 s o IL P MADISON ♦, (»_ 3N 334 333 3H a « Z UK* y V L, i1x • 1 \ �. ♦\\ I_..__ 2 _.�_.. —` ♦txs � sxo Ls y nr -*iN N �._ ♦ \ ,,--- `1----- 51, �L�Le at1 — �T---------r---- ZAPPL& & ZAPPI& ATTORNEYS AT LAW 52582 U.S. 31 NORTH SOUTH BEND. INDIANA 46637 ANTHONY M. ZAPPLA TELEPHONE (219) 277-8720 MARIO J. ZAPPIA PAX (219) 272-8167 June 9, 1992 Dear Property Owner: You were notified by a letter dated May 20, 1992, from the Historic Preservation Commission of South Bend and St. Joseph County that the River Bend Neighborhood Steering Committee has presented a proposal to the Historic Preservation Commission requesting that all of the prpparty in your neighborhood, bounded on the north by Bartlett Street, on the south by Marion Street, on the east by Riverside Drive, and on the west by St. Joseph Street, and including two lots on the northwest corner of St. Joseph Street and Navarre Street, be designated a local historic district under the South Bend zoning ordinance. The Historic Preservation Commission is going to hold a public hearing on this matter on June 15, 1992, at 7:30 p.m. on the 7th Floor of the Countv-City Buildinq. I strongly urge you to attend this hearing as it has a very significant impact on the value of your property and your rights as a property owner. I represent one of your neighbors and intend to very strongly fight this historical designation. If the South Bend Common Council adopts an ordinance establishing your neighborhood as a local historic district, you will be required to obtain the approval of the Historic Preservation Commission before you alter, reconstruct, construct, paint or move any exterior portion of any building located on your.property or change the use of that building. This includes such things as installing a new roof, planting new bushes, changing the color of the house, installing new windows, a new sidewalk, new siding or any other aspect of the exterior of your house or landscaping. If your neighborhood becomes a local historic district, the Historic Preservation Commission will require that a form be filled out and signed by you asking permission each time you want to make any such change. The Historic PreservationCommission " has 30 days after you file your application to either approve it or deny it. These restrictions will apply not only to you, but to anyone to whom you sell your house or to whom you rent it: The restrictions are in addition to the existing zoning ordinances and subdivision restrictions which are already in place to protect homeowners. These restrictions contained within the historic designation continue'forever less they are changed by ,?rev r un action of the City Council. will have very large necative impact on the value of your pr:;!kty_and the number of buyers interested in purchasing. If this is approved, your home will immediately be worth less money and the prospective buyers for it will be greatly reduced. This seems unfair. We do not need this! Are you interested in having to apply to a city commission each time you want to pain your house, repair the roof or change the outside of your house in any - - Most ---people interested -in buying your house are not going to be interested in complying with these restrictions. Please be sure you plan to attend the meeting of the Historic Preservation -Commission on Monday, June 15, 1992. We would like to have you speak at that meeting. If you do not feel comfortable speaking, please be sure you come anyhow. Having a lot of people there who oppose this will be very important. Thank you. Very truly yours, Anthony 7ZA pia AMZ/tfs Nei -Zoning historic _reservation commission on of south bend and st. joseph county ROOM 1123 COUNTY CITY BUILDING south bend, indiana 46601 (219) 284-9798 Replv to Letter of June 9, 1992 from Mr. Anthonv Zavvia to Residents in Proposed River Bend Local Historic District Mr. Zappia is not familiar with the responsibilities of the Historic Preservation Commission (HPC); nor is he aware of the standards and procedures that govern Local Historic Districts in the city of South Bend. His misunderstandings, as revealed by this letter, are as follows: 1. COLOR The HPC does not require a Certificate of Appropriateness (COA: the HPC's formal "permission" to make a change to a structure) for any changes in exterior paint colors or any other material color on the exterior of a building. Example: It has long been the policy of the HPC (as was reiterated at the May, 1992 meeting in response to complaints concerning a COA given for Pink Awnings in the East Wayne Street Local Historic District at 1315 East Wayne N.) that paint colors are too subjective of an issue for consideration. Since the color issue is primarily based on personal preference, and since changing the color of a structure does not damage its historic fabric, the 4PC leaves such decisions to the property owner. 2. CHANGES IN THE USE OF A BUILDING The HPC does not govern the use of buildings -in Local Historic Districts in any way. Buildings in Districts can be used for any purposes that are within city zoning -ordinance requirements. Example: The HPC recently allowed the readaptation of a historic barn on State Road 23 (12670 SR 23, Granger) for use as a commercial business the owner was only required to maintain the exterior of the building essentially in its original state -- the interior was allowed to be readapted in exactly the way the owner wished. 3. REPAIRS The HPC does not require a COA-for any repair or maintenance of a property that does not change the exterior of a structure. In other words, "a roof can be repaired," or a window pane can be.replaced if broken, etc. It is only when the materials of the building are to be altered is an owner required to apply for a COA. In addition,_if repairs are needed that require the replacement of materials with the same type of materials, the owner can get a Staff Approval on the spot -- a process which will typically take less than fifteen minutes -- especially if the owner notifies the staff before coming to the office. =E. PROPERTY VALUES Mr. Zappia states that the designation of a district will "have a very large neeative impact [his emphasis] on the value of [the] property" and that designation would result in homes being "immediately worth less money." These ideas are not based on objective information and are mere conjecture. Property values in all of South Bend's Local Historic Districts have increased since designation. In addition historic preservation commission of south bend and st. joseph county ROOM 1123 COUNTY CITY BUILDING south bend, Indiana 46601 (219) 284-9798 there have been several studies that demonstrate that property values at ___the__v_e-r_y.__1-e_as_t -sta-bi-lize--aEter--..de.signa-t-ions .-and -in.-.many cases --increase dramatically. If there are sources demonstrating otherwise, Mr. Zappia does not cite them. Example:,A study* of Historic Districts in four cities -- Alexandria, Virginia, Galveston, Texas, Seattle, Washington and Savannah, Georgia -- showed an increase in property values for family homes in all four districts when compared to surrounding areas of the cities. In none of these Historic Districts did property values decrease after designation. *Advisory Council on Historic Preservation "Preservation and Urban Revitalization" (U.S. Govt. Printing Office, 1979) 5. SALE OF HOMES IN HISTORIC DISTRICTS, Mr. Zappia asserts that prospective buyers will not want to purchase in a District. In fact, there are many people eager to buy property in Historic Districts; our office is constantly providing information to real estate agents in order that they might market "historic homes" and homes in "historic areas." In addition we are regularly providing prospective home buyers with information about our local districts. Fred M. Holycross Director June, 1992 Tutt-Stuckev Cemeterv: Historic Significance Dr. Sushmita Hodges June, 1992 Historic Preservation Commission of South Bend and St. Joseph County CONTENTS PAGE Introduction 2 Historic Significance 2 Biographical Sketches 4 The Brooks Family 5 The Tutt Family 5' The Stuckey Family 5 The Drapier Family 6 The Geltz Family 7 The Chalfant Family 7 The Eaton Family 8 The Hardy Family 9 The Emly Family 9 The Kotz Family 9 James Stuckey 10 Eigenheer 10 Bucher 11 Veteran Burials 11 Notes 12 Introduction The Tutt -Stuckey Cemetery is located on the south side of -; Cleveland Road a quarter mile west of Ironwood'Road. It is one of two public cemeteries in Clay Township that developed in the 1830's and 40's to meet the burial needs of the area's early settlers. Since its inception, the cemetery has been referred to by several names including: Brooks, Stuckey, Tutt, Sossoman and the Clay Township Cemetery. Most of the names attached to the site were derived from specific family members who were buried there. The cemetery site is in deteriorating condition, with overgrown shrubbery and brush, some of which has been cleared. The cemetery has a mixture of nineteenth and twentieth-century grave markers, some broken or weathered and others intact. There are also signs of ornamental trees and retaining -walls around some of the family burial sites. Tutt -Stuckey Cemetery is located in an area of ongoing development pressure; it is likely most threatened by the possible widening of Cleveland Road, an extremely busy thoroughfare between U.S. 33 and the University Park Mall complex. In addition to the possible threat from development, over time damage from nature's weathering and man's vandalism compromise the integrity and sanctity of the site and its usefulness as material historic evidence. it is the staff's recommendation, therefore, that this site be designated by ordinance as a County Historic Landmark. Landmark status would be one way to ensure protection of this valuable piece of local heritage. Historic Siqnificance The first grave at the Tutt -Stuckey Cemetery, that of Benjamin Brooks, was dug in 1836. The site continued to be used into the 1840's as a family burial ground. It was located on the Brooks family farm and, in addition to the grave of Benjamin Brooks, also contained his wife, Deborah, and their son, Samuel Brooks. By the 1850's the cemetery was one square acre in size and remained as part of the Samuel Brooks estate. In 1856 the heirs of Samuel Brooks: Mariah Brooks, Albert Brooks, A. Atwell and Sylvia Atwell, transferred the property to the Clay Township Trustees for use,as a public burying ground. The site remains so in 1992. The last burial here was that of "John Doe" in 1985; the site has been used until very recently as a "paupers" burial site. The Tutt -Stuckey cemetery is one of approximately fifteen remaining nineteenth-century, pioneer burial sites in St. Joseph 2 County. It is historically significant as a reflection of early settlement and ethnicity in Clay Township and St. Joseph County as a whole. The cemetery also provides insights into ethnic and migration patterns in this part of the county. In the 1830's and 40's, the majority of settlers here appear to have had German or Swiss ancestry, and to have moved from the east via Ohio --little evidence of this ethnic heritage can be found elsewhere. The site provides other unavailable information including such data as the birth and death dates of individuals from prominent pioneer families that made important contributions to the early development of South Bend. The burials at Tutt -Stuckey also provide evidence for other important local historical development patterns including the high rate of infant mortality, so characteristic of pioneer culture. Tutt -Stuckey is a collection of artifacts that can serve in other ways as a source of understanding of local culture and history. The cemetery is one of the last material remains from the area's frontier period. Most of people interred here migrated from the eastern United States via Ohio, finally settling in Clay Township. Typical frontier jargon would describe these settlers as having helped "tame the wilderness"; and in reality they did just that, being those people who cleared the timbered land for farming. They also, in terms of the area's economic development, represent the next important period in local history, that of agricultural growth. Some of the settlers here were among the earliest in the County and included pioneers John H. Smith, Evan C. Chalfant, James Stuckey, Samuel Brooks, Jonathan Hardy, Oliver P. Stuckey, Gideon Drapier and others.[1] Most of these individuals and their families were interred in Tutt -Stuckey cemetery. The cemetery also is the burial place for at least four veterans: Isaac Eaton was a veteran of the War of 1812; Lewis Fulkerson and Elias Leich were Civil War veterans; and Donald L. Cox served in the Marine Corps early in the twentieth century. In recent years cemetery studies have assumed significant proportions in that these sites represent highly organized cultural landscapes. Within the field of social science, cemetery research occupies two broad categories. The first is an analysis of architectural styles of tombstones and gravemarkers over a period of time --of interest to folklorists, historians and archaeologists. The second is the geographic analysis of cemeteries as a reflection of local land use patterns. Similar approaches to cemetery studies involve viewing them as cultural landscapes incorporating both spatial and architectural elements.[2] The recognition of cemeteries as a significant type of built environment has been of special interset to social and cultural historians. According to them, not only do cemeteries provide a document of the most durable artifacts of death but also a record 3 of death customs. Above all, they have been appropriately described as "planned places of beauty where the dead and the living might mingle in restful reflection."[3] Thus the preservation and maintenance of cemeteries is significant to the historian, the archaeologist, the folklorist, the sociologist and the cultural geographer as well as to those who have anscestors buried in them. Cemeteries serve both a functional and an emotional purpose. Functionally, they provide a place for the disposal of corpses. on the emotional plane, they are a place where the living can "communicate" with their dead relatives; in this sense they are meaningful as both sacred and secular symbols. In addition, the cemetery as a landscape shares spiritual and mystical traits as a positive expression of a range of religious beliefs.[4] Tutt -Stuckey, like many cemeteries, shares suburban features typically consisting of a balance of "nature versus ... monument[s]." in addition to the architecture of the place --grave markers --shrubs, grass and symbolic evergreen trees are an important part of the infrastructure of this cultural entity.[5] As such, in the preservation of such cemeteries, maintenance of the grounds and landsacping should be an equally important concern along with maintance of grave markers. Finally, in addition to its historic and cultural significance, the cemetery is a place where families have entrusted the final remains of their relatives. It is imperative that a proper concern is shown for the final resting place of local citizens' ancestors. The protection of cemeteries becomes a question of respecting the broad range of religious beliefs and practices of those who have laid their kin to rest in them.[6] 4 Biographical Sketches Following are biographical sketches of the various people and families interred in Tutt -Stuckey cemetery. Biographical data for many of these people is sketchy as the majority were farmers and their families who left little information about their lives in the historical record. THE BROOKS FAMILY As noted above, the Tutt -Stuckey Cemetery was originally on the "Brooks Farm," owned by Samuel Brooks and family. The earliest graves here date back to 1836 and 1842 and are those of Benjamin and Deborah Brooks, probably the parents of Samuel Brooks. Also from the Brooks family is the grave (in deteriorating condition) of Clarissa Brooks. Among Samuel Brooks contributions was his service as one of the first Justices of Peace of Clay township (1840) after the County Board of County Commissioners passed an order constituting it as a separate township. On June 12, 1841, among other early settlers, Samuel Brooks was present at a meeting for organizing an agricultural and mechanical society, of which he was elected one of the directors.[7] Brooks also was one of the mill wrights and contractors, who during the summer of 1837, put the area's first mill in operation --the first pioneer grinding establishment in the St. Joseph Valley.[8] Samuel Brooks died September 17, 1849 at the age of 57 and was interred here. THE TUTT FAMILY Thomas R. Tutt was one of the early pioneers of the County. He was born in Virginia in 1814 and came to Indiana in 1834, settling in Clay township. In 1837 he married Mary Hardy, who was also born in Virginia in 1820; they raised nine children. in 1856 Thomas Tutt was elected as a director of the Agricultural Society. He was a member of the First Methodist Episcopal Church and owned a fine farm near the city limits.[9] Of his nine children, four are buried at the Tutt -Stuckey cemetery: 1) Edwin M. Tutt, born September 28, 1847, died January 15,1848; 2) Emma F. Tutt, born June 6, 1845, died September 12, 1848; 3) Edward J. Tutt, born December 7, 1855, died June 13, 1879 and; 4) Harriet M. Tutt, born September 12, 1843, died July 1, 1844. There still remains a tombstone here with the names of the four children upon it. THE STUCKEY FAMILY Oliver P. Stuckey was one of the largest landowners and most successful farmers of his time in Clay township. His 5 contemporaries considered him a man of high integrity; he was respected by all who knew him. He was prominent in the political affairs of Clay township, being "a stalwart and an uncompromising republican in a strong democratic neighborhood." He was a leading member of the Northern Indiana and Southern Michigan Agricultural Society, from its inception and had occupied the position of Director and Superintendent of the Cattle Department at all of its agricultural fairs. Stuckey owned over 300 acres of land which he cleared himself. As a result of years of industry, Mr. Stuckey was said to have one of "the best cultivated and most productive farms in the County."[10] He was also an avid hunter who, during the winter season, took annual trips to the deer regions of Northern Michigan in the company of Jacob Strayer, Mort Worrell and other "old hunters of [the] city." Oliver P. Stuckey died in July 1891 after being struck by a fatal lightning bolt about 100 rods northwest of his residence.[11] Also interred in Tutt -Stuckey is Marietta W. Stuckey, the wife of Oliver. She was born on June 20, 1835 and died on February 21, 1905. Also buried here are their children Ben W., who died January 22, 1869 at the age of 4 months and 24 days, and Rebecca, who died March 2, 1864 at the age of 2 years and 2 months. Other members of this family buried in Tutt -Stuckey are Charles Lee Stuckey and his wife Harriet. Charles Lee Stuckey served as Clay Township Assessor for 16 years. He was born on September 12, 1857. On May 26, 1886 he married Miss Harriet Dunham of Concord, Michigan. They had three children --Howard, Mildred and Mrs. Edwin (Helen) Turnock. Charles Stuckey was a member of the St. Joseph Valley Grange.[12] Mrs. Harriet Dunham Stuckey was born in Concord, Michigan on April 1, 1858. She was a member of the St. Joseph Valley Grange and the Clay Township Community church.[13] Mrs. Clara (Stuckey) Kotz is also interred in Tutt -Stuckey. The daughter of Oliver P. Stuckey, she was born in Bertrand, Michigan. However she spent most of her life in this community. She was married to William D. Kotz, and they had a son Oliver A. and a daughter Mrs. Edna Moffiett.[14] The Stuckeys were a prominent pioneer family in Clay township and through their efforts contributed to its growth and development. To commemorate this past, there still stands a fairly large family monument at the Tutt -Stuckey cemetery. THE DRAPIER FAMILY Another significant pioneer who settled in Clay Township in 1832 and was eventually buried here was Gideon Drapier.[15] Like many other early settlers Drapier was a farmer who through his efforts at cultivation promoted the agricultural development of Clay Township. His daughter, Hannah, was married to another pioneer in Clay township, Thomas P. Bulla.[16] In addition to being a successful agriculturist, Gideon Drapier played a significant 6 role in the development of the local Christian Church. The Christian Church of South Bend was first organized on Portage Prairie at a point about four miles north of the city limits.[17] In the Spring of 1851, soon after the old South Bend seminary was purchased, Gideon Drapier was chosen as a church elder.[18] Drapier died on November 8, 1860. Other members of the Drapier family buried at Tutt -Stuckey are Ebenezer Drapier, who died March 3, 1853, Gideon's wife, Polly, who died August 17, 1852, and their daughters, Lydia and Betsy. Lydia Drapier died on May 12, 1885. Miss Betsy Drapier was born in Perry County, Indiana on October 26, 1819. In her early life she was a teacher in the schools here. Like her father Gideon Drapier she was also a member of the Christian Church.[19] THE GELTZ FAMILY Another significant pioneer family buried in Tutt -Stuckey are the Geltzs. George Geltz was born in Germany in January, 1826. He came to America when he was a young man and took up his abode in Ohio. In 1849 he moved to South Bend and made Clay township his home. in 1852 he returned to Ohio for his family; upon his return to South Bend he was employed as a blacksmith at the Studebaker Brothers Company. in 1853 he accompanied J.M. Studebaker to the gold fields of California where he remained for three years at the end of which he returned to South Bend and resumed work with his former employers.[20] George Geltz died October 23, 1903 at the age of seventy-five. Mrs. Catherine Geltz, wife of George Geltz, was born in Germany on June 17, 1832. She moved to South Bend with her husband in 1862. She was the mother of four children. Mrs. Geltz passed away on October 23, 1897.[21] From among her children, three were buried in Tutt -Stuckey, while the other, William E. Geltz, served as County Assessor.[22] Among other members of the Geltz family interred in Tutt -Stuckey are: Regina Geltz who died November 7, 1904 at the age of seventy-three; Aaron Geltz who died on January 15, 1889 at the age of sixty-nine; John Geltz who died February. 28, 1896 at seventy-seven years; Elizabeth Geltz who died February 17, 1899 at eighty-one years; Christian Geltz who died on March 3, 1893 at the age of sixty-nine; Andrew Geltz who died on October 27, 1865 at seventy-seven years of age and his wife Elizabeth, who died March 8, 1871 at the age of eighty-seven. THE CHALFANT FAMILY The Chalfants were another prominent pioneer family interred in Tutt -Stuckey. The family was of Irish -Welsh -Dutch descent.[23] 7 Evan C. Chalfant arrived with his family in St. Joseph County on November 1, 1832 and settled on a tract of land in section 31, Clay township, where he made his home until his death on January 19, 1870. The land upon which he settled borders on the corporate limits of South Bend on the north, but at that time was an unbroken wilderness, which Mr. Chalfant brought under cultivation through his persistent efforts. He and his wife, Anna, had six children.[24] Evan was the brother-in-law of Thomas P. Bulla, also one of the earliest residents of Clay township.[25] To support and encourage those engaged in agricultural and mechanical pursuits in the County, a public meeting was held on June 12, 1841 to organize an agricultural and mechanical society. Evan Chalfant was among the many pioneers who attended the meeting. To gain membership for the society, a Committee of three was appointed in each township to solicit support; Chalfant was one of the members of the Clay township Committee. On January 8, 1853, in the annual election of officers of the society, he was elected director from Clay Township.[26] Thomas B. Chalfant was one of six children born to Evan and Anna Chalfant. He was a lad of twelve when his parents moved to St. Joseph County. He grew up on the old homestead in Clay Township. In 1848 he married Miss Jane Melling, who was born in Ohio in 1825 and died in 1861, and was interred in Tutt -Stuckey. They had four children: Nancy J., Evan T., William Scott and Sarah Louisa.[27] Both William Scott and Sarah Louisa died as young children and are buried in Tutt -Stuckey. THE EATON FAMILY Among other early settlers in Clay township buried in Tutt -Stuckey are Isaac Eaton and some members of his family. Isaac Eaton was born in Loudon County, Virginia in 1775 but was raised in Maryland. He moved to St. Joseph County in 1830. He served in the War of 1812 with the Virginia militia under the command of General Mason, a Virginian born in the same County with Eaton.[28] When Isaac Eaton came to St. Joseph County he acquired 80 acres of land on Sections 16 and 17 in Clay Township. Both Isaac and Margaret Eaton passed away on their old homestead and were interred in Tutt -Stuckey. They had eight children.[29] Jacob Eaton was one of the oldest and best known of the county's pioneers. He was born in Maryland on May 1, 1819 and accompanied his parents Isaac and Margaret (Metzger) Eaton to St. Joseph County. Mr. Eaton attended the first school in Clay Township and helped clear the ground where St. Mary's Academy now stands, which at one time was owned by his father. Mr. Eaton always played an active role in the county's welfare. Though somewhat limited in his education and reared among the hardships that made up a pioneer's life he was known by his contemporaries as being "progressive and liberal [and] as a man of sound sense, and 8 integrity." He served as trustee of Clay Township for 16 years and also as County Commissioner for two terms. Politically he was a Democrat and left a fine public record. -Jacob Eaton owned a farm four miles north of the city beyond Notre Dame.[30] When he died on February 11, 1894 he was interred in Tutt -Stuckey. On August 6, 1846 Jacob Eaton married Elizabeth Barnes. They had the following children: Emma S., Edwin D., Johanna W., Clarissa M., Amelia A., Norman E., and Mark D. Eaton.[31] Those interred in Tutt -Stuckey are: M. Byron who died Mar 20, 1883; Norman E. who died Mar 30, 1883; Johanna W. who died in 1928; Emma F. who died in 1919 and Edwin D. Eaton who also died 1919. THE HARDY FAMILY Jonathan and Rebecca Hardy were also prominent among the early settlers in Clay Township. At the June session of the Board of County Commissioners in 1840, an order was passed constituting Clay as a separate township. The first justices of the peace of the newly constituted Clay township were Jonathan Hardy and Samuel Brooks.[32] in addition to holding a significant political office, Jonathan and Rebecca Hardy played an equally important role in the organization of the first Baptist Church in the County as one of its constituent members.[33] Upon their demise Jonathan and Rebecca Hardy were buried at Tutt -Stuckey Cemetery. Also buried from the Hardy family in Tutt -Stuckey are the sons of Jonathan and Rebecca Hardy: Jonathan A., who died Mar 6, 1856; William H., who died July 21, 1850 and; T. Hardy for whom there are no dates and no stone found in 1983 or 1990. THE EMLY FAMILY The Emlys are another pioneer family interred in Tutt -Stuckey. Tobias Emly, an old resident of Clay Township, was born in Wurtemburg, Germany on December 14, 1816 and came to this County in 1832. He first settled in Ohio, where he was married in 1843 to Christiana Goeltz. In 1851 the Emlys moved to St. Joseph County. He and his wife had four children, Andrew, John, Mary and Mrs. Christian Neip.[34] Mrs. Tobias Emly was also a native of Germany and had lived in this County for 40 years.[35] Both Mr. and Mrs. Emly on their demise were buried in Tutt -Stuckey. Miss Mary Emly one of the children of Tobias and Christiana Emly was also a long time resident of Clay Township. She made her home for years with her two brothers John and Andrew Emly. On her death her last remains were laid to rest in Tutt-Stuckey.[36] THE KOTZ FAMILY Another pioneer family interred in Tutt -Stuckey are the Kotzs. John Kotz was the son of Jacob and Anna App Kotz and was born in Germany in 1822. He came to this country in 1840 and first 9 settled in Ohio where he lived for 5 years. in 1847 he settled on a farm in Clay Township. In 1844 he married Christina Blend, also a native of Germany. They had ten children: Jacob, William, Daniel, George, John, Charles, David, Mary, Elizabeth and Matilda. The Kotzs were members of the German Evangelical Church.[37] Both John and Christina Kotz were buried in Tutt -Stuckey. William D. Kotz, one of the son's of John Kotz, was born on April 18, 1850 in St. Joseph County. On November 7, 1878 he married he married Clara M. Stuckey, the daughter of Oliver P. Stuckey. On his death he was buried in Tutt-Stuckey.[38] Mrs. Clara Kotz was also interred in Tutt -Stuckey. The Kotzs had three children, Oliver, Mrs. Edna Moffiett of South Bend and Alta.[39] Alta Kotz died at the home of her parents at the age of eighteen. Miss Kotz was born in South Bend. Her last remains were laid to rest at Tutt-Stuckey.[40] Among other members of the Kotz family interred here are Charly Kotz who died in 1950; David S. Kotz who died in 1895; Margaret Kotz who died in 1893 and; Irvin Newell Kotz who died on November 3, 1985. Both Tilly and Mary Kotz have grave markers with no dates. JAMES STUCKEY James Stuckey is also among the early pioneers of St. Joseph County buried in Tutt -Stuckey cemetery. He settled in this County in 1832 on a tract of timberland which he purchased from the federal government. At the time, South Bend was an Indian trading post. Mr. Stuckey was a skillful hunter and in exchange for supplying his neighbors with meat he received their assistance in clearing his land. As the years passed, Mr. Stuckeys prospects and circumstances improved and he cleared a generous tract of land and developed it into a good farm. On his farm he first built large frame barns and other outbuildings and soon his log house was replaced by a spacious brick residence.[41] James Stuckey was also present at the meeting held on June 12, 1841 for the organization of an Agricultural and Mechanical Society.[42] Also buried in Tutt -Stuckey is James Stuckey's wife, Rebecca, who died on November 25, 1891. EIGENHEER Jacob Eigenheer Sr., another pioneer settler of Clay Township, upon his death was buried in Tutt -Stuckey. He had been a resident of the township for more than forty years. Eigenheer was born in Zurich, Switzerland in 1823. in 1854 he came to St. Joseph County. He was a successful farmer and considered a "good citizen." He and Elizabeth had four children: Jacob, Mary, Lena and Mrs. John Zimmer.[43] Jacob's wife, Elizabeth, died in 1912 and was buried in Tutt -Stuckey. 10 Lena, the daughter of,Jacob Eigenheer Sr., was also interred in Tutt -Stuckey. She was born in Clay Township on August 12, 1866 and was a lifelong resident there.[44] Jacob Jr., the son of Jacob Eigenheer Sr., was born on July 21, 1864 in Clay Township. His occupation was that of a farmer and he was also a school teacher most of his life. Upon his demise in May 1932, his last remains were interred at Tutt-Stuckey.[45] BUCHER Ulrich Bucher was born in Switzerland on August 15, 1784. Upon attaining the proper age he completed his military service according to the laws of his country. In 1833, he and his wife left Switzerland for America, first settling on a farm in Stark County, Ohio. Soon after he moved to St. Joseph County, where he purchased a farm in Clay Township. He and his wife had seven children. Upon his death on October 24, 1858 he was buried at Tutt -Stuckey cemetery. Another member of the Bucher family interred here was Peter Bucher, who died on May 5, 1867, at the age of 44 years and 5 months. There are four soldiers buried in Tutt -Stuckey: Elias Leich, Lewis Fulkerson, Donald Cox, and Isaac Eaton. Elias Leich died on September 29, 1899, and according to the Graves Rbgistration Project, was a Civil War veteran. Also interred from the Leich family are his children, John Leich who died on March 11, 1863 at the age of eight, and his daughter Alice Leich who died on January 18, 1859 at the age of one year. His wife, Mary B. Leich, is also buried in Tutt -Stuckey. Lewis Fulkerson (GRP) is another Civil War veteran interred in Tutt -Stuckey. Also buried from the Fulkerson family are John Fulkerson, who died on April 28, 1908;'and Edwin L. Fulkerson who died in 1915. Lewis Fulkerson's wife, Mary A., and their infant, Orsen, are also interred here. Donald L. Cox, a Marine Corps veteran, is also buried in Tutt -Stuckey. He was born on June 7, 1901 in Cassopolis and lived here most of his life. On October 24, 1924 in South Bend, he married Beatrice Bensley, who died on January 11, 1972 and was interred here. On April 9, 1977 he married Mary Chandler. Donald Cox, was retired from the LaSalle Hotel. From his first marriage he had two daughters, Mrs. Jenette Sigler and Mrs. Donna Staples, and three sons, James R., Norman A. and Donald F. Cox.[46] Isaac Eaton fought in the War of 1812. His biographical information and that of his family is discussed above. - 11 NOTES 1. Timothy Edward Howard, A History of St. Joseph County. Indiana Vol. One ( Chicago: The Lewis Publishing Company, 1907):284 2. Richard V. Francaviglia, "The Cemetery As an Evolving Cultural Landscape." Annals of the Association of American Geographers 61 (1971):502. 3. Roger Hall and Bruce Bowden, "Beautifying the Boneyard: The Changing Image of the Cemetery in Nineteenth -Century Ontario." Material History Bulletin 23 (1986):13-14. 4. Francaviglia, 501-502. 5. Hall and Bowden, 506. 6. Precedence for protective measures of cemeteries was first established in La Porte, the only county in Indiana to form a Pioneer Cemetery Commission. This was implemented by Acts 1980, Public Law 8, section 135, now officially a part of the Indiana Code as title 23, article 14, chapter 26, Care of Cemeteries by Counties. The statute allows a County Cemetery Commission to be formed for the restoration and maintenance of neglected cemeteries developed before 1850 that "may be the burial grounds for Indiana pioneer leaders as well as for veterans of.... American war[s]." Legal provisions are also provided under Acts 1980, chapter 27, which includes Care of Cemeteries by Townships. This chapter applies to: cemeter[ies] that [are] without funds for maintenance; [were] in existence on February 28, 1939 and; _[are] either operated by a non-profit organization or [have] no organization. The township trustees are responsible for maintaining all such cemeteries. However, in the case of a cemetery association applying for assistance, a statement to the township trustee is required that enumerates assets and liabilities. Under these acts, the maintenance of cemeteries includes the following: a) Straightening and fixing all monuments. b) Leveling and seeding of the ground. c) Constructing fences where there are none, and repairing others. d) Keeping weeds and brush mowed and cleaned up. Resources for such care and maintenance of cemeteries may be provided for by the township by levying a township cemetery tax, in the absence of which part of the township fund may be used. 7. Chas C. Chapman, History of St. Joseph County, Indiana: History of Indiana (Chicago: Chas C. Chapman & Co.,1880):561-562. 8. Howard, 286. 9. Chapman, 947. 10. South Bend Tribune (7-14-1891):1,obit. 11. South Bend Tribune (7-17-1891):5:2. 12. South Bend Tribune (11-2-34) obit; News Times (11-2-34), obit. 13. South Bend Tribune (2-26-35), obit. 14. South Bend Tribune (5-22-45), obit. 15. Howard, 138. 16. Ibid, 284. 17. An Illustrated Historical Atlas of St. Joseph County. Indiana (Chicago: Higgins Belden & Co., 1875):25. 12 18. Chapman, 882 19. South Bend Tribune (5-29-1896), obit. 20. South Bend Tribune (10-26-1903), obit. 21. South Bend Tribune (10-23-1897), obit. 22. Howard, 847. 23. Chapman, 678. 24. Pictorial & Biographical Memoirs of Elkhart and St. Joseph Counties. (Chicago: Goodspeed Bros., 1893):229. 25. Howard, 146. 26. Chapman, 564. 27. Memoirs, 229. 28. Chapman, 505. 29. Howard, 1070. 30. South Bend Tribune 31. Memoirs, 269. 32. Chapman, 676. 33. Higgins, 24. 34. South Bend Tribune 35. South Bend Tribune 36. South Bend Tribune 37. South Bend Tribune 38. South Bend Tribune 39. South Bend Tribune 40. South Bend Tribune 41. Howard, 789. 42. Chapman, 561. (2712-1894), obit. (7-25-1885), (3-12-1890), (10-22-1904), (8-25-1893), (8-17-1923), (5-22-1945), (10-1-1907), 0 Mortuary Record. Mortuary Record. Mortuary Record. obit. obit. obit. obit. 43. South Bend Dailv Times (Nov.10, 1897), Mortuary Record. 44. South Bend Tribune (11-26-1922); (11-28-1922)3, obit. 45. South Bend Tribune (5-18-1932); (5-20-1932), obit. 46. South Bend Tribune (12-8-1981); obit. (12-9-1981). 13 Ullery Cemeterv: Historic Siqnificance Dr. Sushmita Hodges June, 1992 Historic Preservation Commission of South Bend and St. Joseph County CONTENTS Introduction Historical Development Biographical Sketches The Ullery Family The Cripe Family The McCombs Family The Pierce Family Veterans Buried in Ullery Cemetery Notes 1 PAGE 2 3 6 6 7 9 10 10 11 Introduction Ullery Cemetery is located in Clay Township, a short distance east of the intersection of Cleveland Road and U.S. 33 North on the south side of Cleveland Road. Like most pioneer burial sites in the county, the cemetery started out as a family burial ground; it was originally located on property owned by the Ullery family. The cemetery was soon owned and maintained by the local Dunkard (Brethren, German Baptist) Church established in 1868. The Community Congregational Church became owners of the property in 1922. On August 2, 1983 the Ullery cemetery was transferred to the Clay Civil Township Trustees, who currently own and maintain the property. The Ullery cemetery over the years has been relatively well maintained and features many ornamental trees and shrubs around individual and family graves. The cemetery contains a combination of nineteenth and twentieth-century gravemarkers, most of which are intact. As is typical, many of the nineteenth century stones and markers are quite weathered. Some of the markers have various symbols and aphorisms carved on them --the most common motif depicts hands clasped in prayer. The early history of the Ullery cemetery is closely intertwined with that of the local Dunkard Church which represented a specific group of individuals often referred to as the Pennsylvania Dutch. The first church here was founded in 1868 by members of the this denomination --the second of its kind in St. Joseph County. The church was built to meet the growing needs of these Pennsylvania Dutch [1]; Ullery Cemetery is significant as one of the last remaining material vestiges of this cultural group in St. Joseph County. Historically and culturally cemeteries have evolved from being rural, predominantly religious entities to being more communal and non -denominational in nature. The Ullery cemetery is a good example of such a development. in recent years, despite urban development, changing attitudes have accommodated the continued coexistence of cemeteries with other features of the built environment. Cemeteries can thus be seen as more than just burial grounds. For example, they now often represent planned places of "beauty, [both] contrived and natural." In this respect, they have been appropriately described as "showcases for the aesthetic arts of [their] time."[2] The Ullery cemetery is located in an area of ongoing development pressure; it is most likely threatened by the possible widening of Cleveland Road, an extremely busy thoroughfare between U..S. 33 and the University Park Mall complex. In addition to the possible threat from development, over time damage from nature's weathering and man's vandalism compromise the integrity and sanctity of the site and its usefulness as material historic evidence. For these reasons, and in recognition of the historic 2 significance of this pioneer -burial site, it is the staff's recommendation that this site be designated by ordinance as a County Historic Landmark. Landmark status would be one way to ensure protection of this valuable piece of local heritage. In recent years cemetery studies have assumed significant proportions in that these sites represent highly organized cultural landscapes. Within the field of social science, cemetery research occupies two broad categories. The first is the analysis of architectural styles of tombstones and gravemarkers over a period of time --of interest to folklorists, historians and archaeologists. The second is the geographic analysis of cemeteries as a reflection of local land use patterns. Similar approaches to cemetery studies involve viewing them as cultural landscapes incorporating both spatial and architectural elements.[3] The recognition of cemeteries as a significant type of built environment has been of special interest to social and cultural historians. According to them, not only do cemeteries provide a document of the most durable artifacts of death but also a record of death customs. Above all, they have been appropriately described as "planned places of beauty where the dead and the living might mingle in restful reflection."[4] Thus the preservation and maintenance of cemeteries is significant to the historian, the archaeologist, the folklorist, the sociologist and the cultural geographer as well as to those who have ancestors buried in them. Cemeteries serve both a functional and an emotional purpose. Functionally, they provide a place for the disposal of corpses. On the emotional plane, they are a place where the living can "communicate" with their dead relatives; in this sense they are meaningful as both sacred and secular symbols. In addition, the cemetery as a landscape shares spiritual and mystical traits as a positive expression of a range of religious beliefs.[5] In many parts of the United States, maintenance of cemeteries therefore has been part of the "urban beautification process."[6] The preservation of Ullery cemetery would fulfill a similar function -- that of beautifying the existing landscape, in addition to recognizing and respecting local heritage. Historical Development What is unique and most historically significant in the history of the Ullery Cemetery is its original association with the group of emigrants frequently referred to as the Pennsylvania Dutch. -Most of the families who formed the core of the group here followed a similar migration pattern, moving from Pennsylvania to Ohio and then settling in Clay Township. They shared similar 3 experiences as pioneers in the region they settled-- almost all followed agricultural pursuits. Both the Dunkard Church and the Ullery Cemetery developed after 1868 to meet the religious, community and burial needs of this particular group. However, the 1920's witnessed a significant change, wherein the Dunkard Church became the Community Congregational Church and the Ullery cemetery began to be referred to as the Roseland Community Cemetery, both intended to serve the needs of the larger community in and around Roseland. For a better understanding of the pioneers associated with the origins of the church and cemetery it is important to understand the origins of the Pennsylvania Dutch group. The Pennsylvania Germans are frequently referred to as Dutch --the English derivative of "Deutsch." Most of them arrived and settled in the New World between 1684-1835. There emerged two distinct sub -groups within the Pennsylvania Dutch settlers --the "Church Germans" composed of the Lutherans and the German Reformed settlers and the Anabaptist or Brethren who were opposed to formalistic religion and formed the "Plain Folk." The Church Germans and the Anabaptists and Brethren formed the core of the agricultural Pennsylvania Dutch folk.[7] The majority of people who migrated to settle in Clay Township were of the Brethren (German Baptist) group. The "Plain Folk" preserved many ethnic traditions. For example, most of the settlers developed and spoke a dialect known as Deitsch, which was quite different from hoch Deutsch, standard spoken German. Under Pennsylvania English Law Deitsch was acceptable in wills, deeds and court testimony. The group also retained their religious values and customs which were primarily Mennonite, Amish or Brethren, with an emphasis on Pietism. The Plain Folk, Pennsylvania Dutch were primarily rural and agrarian in lifestyle. This was an extension of their Swabian origins --the German version of "hillbilly mountaineers." They carried this tradition to the New World and engaged primarily in agricultural pursuits. A cornerstone of their culture was an emphasis on frugality and ecological awareness. They refined the art of being thrifty by harnessing the natural resources available to the maximum without wastage. The German farmer in Pennsylvania practiced soil conservation by valuing the "well dunged field." He also fully utilized the fertile limestone soil found in Central and Southeast Pennsylvania. The Plain Folk shared the Puritan work ethic and out of sheer diligence became important food and grain producers for America. The Pennsylvania Dutch generated a sense of community unique to an ethnic settlement in an unfamiliar environment. They typically provided the support mechanism for those young couples that needed assistance in "barn raisings." In their endeavors to help the community they formed farm harvesting cooperatives. The Pennsylvania Dutchman did not believe in impersonal government, instead he depended on a system of private, volunteer charities 4 and the support of his fellow beings within the community.[8] By the 1920's the Dunkard Church here became the multi -denominational, Congregational Church intended to serve the broader Roseland community. As the Clay Township community's primary church it initially embraced sixteen denominations. During the same period the cemetery began to be referred to as the Roseland Community Cemetery. The original church structure, a small, gable -front frame building, had served the Dunkard congregation here until 1922; thereafter the Congregational built a new structure standing farther back from Cleveland Road. In the 1930's, however, the original pews and white communion table from the older building were still in use in the new church building.[9] As a result of the multi -denominational representation the church membership increased manifold. The new church no longer had to waste time on settling denominational rivalries but instead concentrated its energies and resources on community related tasks.[10] Based upon its increased responsibilities, it became a necessity to expand and remodel the church facilities. The remodeling process was to add 7,000 square feet of additional floor space, thereby doubling the church's capacity. According to the architect, Willard M. Elwood, the building program upon completion would cost about $2,000.00. The new church was to become a brick structure, Romanesque in style.[11] The remodeled church was frequently referred to variously as the Roseland Community Church, the Clay Township Community Church or the Community Congregational Church. By the 1930's the responsibility of the church expanded, due to the changing nature of the congregation. From merely performing religious rites it also undertook the function of social welfare of the entire community. The church provided relief for needy people, which assumed significant proportions under the direction of Rev. R. Kidder Stetson and Mrs. Stetson. They provided several tons of clothing and food to the impoverished. The church provided relief to the suffering and the needy, who lived in and around Roseland. The church roster in 1932 listed 170 members with the Sunday school rolls including 250, with ever expanding membership.[12] The remodeling and enlarging of the church eventually cost $5,000.00. This was to provide increased facilities for church services, religious education and social programs. By the late 1930's the church was already composed of 18 denominations and conducted church classes for all ages, supporting groups like the Boy Scouts, Camp Fire Girls, Youth Fellowship, the Men's Brotherhood and adult and junior choirs.[13] The financial campaign committee for the rebuilding and remodeling project was composed of the following committee members: C.F. Post, president of the Board of Trustees of the 5 church; J. Edward Kirbye, New York City; the Rev. Simon A. Bennett and the Rev. R.K. Stetson.[14] The remodeled church building included new Sunday school rooms, a gallery in the auditorium to increase seating capacity to 240, a new chancel, a new church office located over the entrance and a new cloister at the rear of the buil_ding.[15] The remodeling and enlarging of the church was officially completed by October 1938. The new church was brick veneered with an impressive doorway having facing south and a portico with tall brick arches. An interesting feature in the remodeled church was that the altar and interior appointments of the church were designed to fit into any form of denominational ritual, which would be in harmony with the idea of it being a community church.[16] The present church building that stands as the community congregational church was constructed in 1968. BIOGRAPHICAL SKETCHES THE ULLERY FAMILY Joseph Ullery was one of the first settlers of Clay Township and was born in Huntingdon, Pennsylvania around the year 1779 to Stephen Ullery and wife. Like his father, he was a farmer; in 1803 married Catherine Cripe who was also born in Pennsylvania in 1782 to John Cripe. The Ullerys had thirteen children: Samuel, Susie, Betsy, Stephen, John, Joseph, Jacob, Mary, Hannah, Catherine, Barbara, David and Esther. In 1807 the Ullerys emigrated from Pennsylvania to Montgomery County, Ohio where they purchased 166 acres of land. By the fall of 1836 they moved to St. Joseph county, Indiana for reasons of procuring more land and settled in Clay Township, acquiring one thousand acres.[17] Joseph Ullery, son of Joseph and Catherine (Cripe) Ullery, was born in Montgomery County, Ohio on October 15, 1809 and also followed the occupation of farming. He was married in his native county on June 10, 1831, to Mary Olinger, a native of Pennsylvania who also moved to Ohio when young. They had four children: Catherine, Mary, Joseph and Sarah A. Mr. Ullery came with his family to this section in 1836 and acquired 160 acres. In 1893 his home farm consisted of 97 acres of which 20 acres was timber land. He was an active member of the German Baptist Church and politically a Republican. Mary Ullery, his wife, died on December 7, 1886 and was buried in Ullery Cemetery. Upon Joseph Ullery's demise on August 22, 1895 he was also interred at Ullery.[18] Joseph A. Ullery was born in Clay Township to Joseph and Mary Ullery in August 1839 and lived in this community all his life. Like his ancestors, he was a farmer. His wife, Wilhelmina, was 6 born in 1843 at Lebanon, Pennsylvania. Upon their demise they were both interred in Ullery.[19] Florence B. Ullery and Rose A. Ullery, both daughters of Joseph A. and Wilhelmina, were also interred in Ullery. Stephen Ullery son of Joseph and Catherine (Cripe) Ullery was born in Huntingdon County, Pennsylvania on April 12, 1806. When fairly young he worked as an apprentice to the woolen manufacturer's trade. At the end of a four years training he conducted the business himself for ten years. In 1827 he married Elizabeth Olinger, a native of Maryland, and they had four children: Daniel, Mary, Christiana and Susan. Upon moving to St. Joseph County in 1836; he devoted his entire time to farming, acquiring 160 acres of land. They were both members of the German Baptist Church. His wife died on July 5, 1882 and was interred in Ullery. Stephen died on June 15, 1895 and was also buried in Ullery.[20] Also buried in Ullery are their children, Daniel and Mary E. Ullery. Aaron Ullery was an old resident of St. Joseph County and a farmer in Clay Township. He was married to Jane, the daughter of Peter and Philistia Cripe, also of German descent. He was a member of the German Brethren Baptist church. They had one son. Aaron died on Nov.6, 1906 and was interred in Ullery.[21] Edward C. Ullery sr. was born on Nov. 7, 1885 in South Bend. Mr. Ullery retired after 40 years service from the Standard Oil Co. He was a member of the Community Congregational Church, where he taught Sunday School for many years.[22] When he passed away he was interred in here. Mrs. Margaret Ullery was also born in South Bend on June 25, 1887. She was married to Edward C. Ullery sr. They had three sons: Edward jr., John L. and Robert N. , all of South Bend and three daughters, Mrs. Audrey Medich and Mrs. Margaret McCombs both of South Bend and Mrs. Bette Schmidt of Delray Beach, Fla. She was also a member of the Community Congregational Church and upon her demise was buried in Ullery Cemetery.[23] Among the other members of the Ullery family buried in Ullery cemetery are Mary E., Elijah, Daniel and Sarah Witter Ullery. THE CRIPE FAMILY Another noteworthy pioneer family interred in Ullery are the Cripes who were also closely associated with developing Clay Township. Peter Cripe was a resident of St. Joseph County for eighty years. Mr. Cripe was born on May 12, 1824 in Montgomery County, Ohio to John and Eva (Roof) Cripe. The Cripes moved to St. Joseph County in the fall of 1830 and settled on 380 acres of land. Within two years of their settlement John Cripe acquired 900 acres of land. He and his wife Eva had 12 children: 7 Elizabeth, Eva, Daniel, Margaret, Mary, John, Peter, Adam, David, Jacob, Fannie and Samuel. Peter Cripe came with his parents to this county and spent a significant part of his life in first German and later Clay Township. He received most of his education in subscription schools. When his father died in 1849 Peter Cripe came to assume paternal duties on his family's behalf. He lived on the old homestead until 1855, when he took up residence on his own farm, which consisted of 123 acres. On Jan 14, 1855 he married Tilistia Skiles, who was born May 5, 1836. Peter and Tilistia Cripe had nine children: Sarah J., Fannie, John, Edward, David, Jacob, Evaline, Elsie and Mary. Mr. and Mrs. Cripe were members of the German Baptist Church. Peter Cripe, although not strictly "partisan" was a Republican in politics.[24] Also buried in Ullery cemetery from his immediate family are Peter's wife, Tilistia A., who died May 19, 1910 and their daughters, Eva, who died Sept. 18, 1894, and Mamie A., who died December 29, 1896. John Cripe, one of the sons of Peter Cripe, was also interred in Ullery cemetery. John was born April 23, 1860, in St. Joseph County and spent his entire life in this vicinity. He was married October 9, 1884 in Dayton, Michigan to Miss Emma Strunk. They had five sons: Clarence, Clifford, Blaine and Richard of Roseland, and Donald of the United States Navy, stationed in China in 1932. His other son, Blaine Cripe, served as St. Joseph County Deputy Sheriff. John Cripe was a member of Fidelity Camp no. 28, Woodmen of the World.[25] Emma A. Cripe, wife of John W. Cripe, was also buried here. She was born in South Bend on February 23, 1868. Mrs. Emma Cripe was a member of the Roseland Woman's Club, the Gold Star Mothers and the Community Congregational Church.[26] Rev. David S. Cripe, another son of Peter Cripe and brother of John and Jacob Cripe, was also interred in Ullery cemetery. He was born in Roseland, September 18, 1864 and lived in this area all his life. In 1899 he was married to Anna E. Shirk Cripe by Elder David Miller of the Brethren (Dunkard) Church. David S. Cripe served as pastor at the church from 1900-1922.[27] Mrs. Anna E. Cripe, wife of David Cripe, was born on November 27, 1863 in Lancaster Pa. Mrs. Cripe lived in Clay Township for 52 years. She came to South Bend from Noble County, Indiana in 1886. She and David S. Cripe had a son, Paul Cripe. Upon her demise she was buried in the Ullery cemetery.[28] Jacob U. Cripe, another son of Peter Cripe, was also interred here. Jacob Cripe was born in Clay Township on April 4, 1867 and lived here his entire. He was married in 1895 to Lillie F. Abele. He retired as a carpenter and building contractor and prior to 1950 was, for ten years, St. Joseph County Circuit Court Jury 8 Commissioner. he and Lillie had a daughter, Mrs. Edna Westwood, and two sons, Vernon C. and Fred E. Cripe. He lived long enough to be a member of the Octogenarian Club.[291 Mrs. Lillie (Jacob) F. Abele Cripe was born in Berrien Springs on August 27, 1875 and resided in Roseland most of her lifetime. She was a member of the Community Congregational Church and upon passing away was buried in Ullery cemetery.[301 Edward Paul Cripe was born on Jan. 27, 1903 in South Bend and lived here all his life. He was at one time owner and operator of "Tip Top Cleaners" in Roseland. He was a member of the A.A.R.P. When he died he was buried in Ullery cemetery.[31] Mrs. Edward Paul Cripe was born on Nov. 25, 1909 in West Virginia. She lived here after 1943, coming from Richmond, Virginia. In 1952 in South Bend she married E. Paul Cripe. She was a salesperson for several downtown retail stores. When she died she was interred in Ullery cemetery.[32] THE McCOMBS FAMILY William McCombs was born near Worcester, Ohio on Jan. 31, 1818. He was the son of Lambert and Hannah (Hague) McCombs, natives of Pennsylvania, who were among the early settlers of St. Joseph County, coming here in July, 1829. At that time William was a lad of about 11 years. Here he was raised to be an independent farmer. On September 12, 1839 he married Miss Eva Cripe, who was born in Montgomery County, Ohio March 2, 1816 and was the daughter of John and Eva (Roof) Cripe. After their marriage they settled in Clay Township and raised a family of nine children: Elizabeth, John, Lambert, Maria, Samuel G., Eva E., Hannah L., Sarah A. and William F. William McCombs passed away in December 1885 and was buried in Ullery cemetery. At the time he was a member of the German Baptist church. He left his widow the owner of 247 acres of valuable land and a comfortable residence. Mrs. Eva McCombs rented her farm and in 1893 was one of the oldest living settlers of St. Joseph County coming here with her parents in 1830.[331 Mrs. Eve McCombs died on April 7, 1897 and was also interred in Ullery cemetery. William L. McCombs (1894-1955) was buried in Ullery cemetery. Mr. McCombs was born on August 9, 1894 and was married to Thelma Dean Rock in South Bend on July 31, 1915. They had nine children.[34] Robert McCombs was born on November 26, 1938 in South Bend and lived in Port Huron after 1939. He died on March 18, 1961 and was interred here.[35] F'' THE PIERCE FAMILY John P. Pierce was born in 1846 and died on September 27, 1900. He was survived by his wife, Margaret Pierce, and two daughters, Mrs. Grace Chirhart and Mrs. Pearle Cowles, and a son, James Pierce. Upon his demise he was interred in Ullery.[36] Mrs. Margaret 1. Pierce was born in German Township, on May 23, 1852 and lived here all her life. In 1870 she married John Pierce in German Township. On passing away her last remains were buried in Ullery cemetery.[37] Also buried in Ullery from the Pierce family is John M., son of John P. and Margaret Pierce. He died Jan. 16, 1885, at the age of 4 months. 12 days. In addition, Ernest E. Chirhart, infant of Mrs. Grace Chirhart, and also the infant daughter of Mrs. Pearle Cowles are buried in Ullery. There is a Pierce family monument as a memorial to the members of the Pierce family interred in Ullery cemetery. VETERANS BURIED IN ULLERY A number of graves here contain the last remains of veterans of American wars. One veteran, Nathaniel Bratt, was born in St. Joseph County, on December 25, 1839 and lived in this vicinity all his life. He had two children, Mrs. Leona Schuchert and Mrs. Edith Lawrence of Dowagiac, Michigan.[38] According to the Graves Registration Project he served in the army as a private in the Civil War. According to the Graves Registration Project, Henry Wagner of Clay Township, also a Civil War veteran, was buried in Ullery cemetery. Little else is known about him. Also according to the Graves Registration project, Asa Jones of Clay Township, a Army corporal in the Civil war, was buried in Ullery. He was born on March 13, 1835 and died on October 10, 1890. He served Company H of the 29th. Regiment of the Indiana Volunteers.[39] Albert Stinebeck, also of Clay Township, was wars. His record was as follows: he served in 4th Indiana Volunteers and later Company E of Volunteers. He was a private in the Army and Mexican -American War and the Civil War.[40] 10 the veteran of two Company D of the the 12th Michigan fought in both the NOTES l. -Carolyn Weller, "Clay Township's Early Years," Michiana Memories, (Reprinted in 1980 by the Northern Indiana Historical Society), pp. 80-81. 2. Roger Hall and Bruce Bowden "Beautifying the Boneyard: The Changing Image of the Cemetery in Nineteenth -Century Ontario," Material History Bulletin, 23 (1986): pp.13-14. 3. Richard V. Francaviglia_"The Cemetery as an Evolving Cultural Landscape," Annals of the Association of American Geographers, 61 (1971): pp.501-502. 4. Hall and Bowden, 23 (1986): p.14. 5. Francaviglia: 501-502. 6. Hall and Bowden: 14. 7. William T. Parsons, The Pennsylvania Dutch: A Persistent Minority, Preface; (Boston: Twayne Publishers, 1976), Preface. 8. Parsons: 245-249. 9. South Bend Tribune, (3-27-28), obit. 10. South Bend News Times, (6-1-37), obit. 11. South Bend News Times, (5-25-37), obit. 12. South Bend Tribune. (11-27-32), obit. 13. South Bend News Times, (3-23-38), obit. 14. South Bend News Times, (6-1-37), obit. 15. South Bend Tribune, (3-27-38), obit. 16. South Bend Tribune, (10-15-38), obit. 17. Pictorial and Biographical Memoirs of Elkhart and St. Joseph Counties (Chicago: Goodspeed Bros., 1893): 429. 18. Ibid, pp. 429-430. 19. South Bend Tribune, (1-17-1917), obit. 20. Memoirs: 429. 21. South Bend Tribune, (11-6-06), obit. 22. South Bend Tribune, (11-12-68), obit. 23. South Bend Tribune, (10-18-68), obit. 24. Memoirs: 251-52; South Bend Tribune, (3-7-1910), obit. 25. South Bend Tribune, (9-13-1932), obit. 26. South Bend Tribune, (3-22-1951), obit. 27. South Bend Tribune, (9-22-1953), obit. 28. South Bend News Times, (7-25-38), obit. 29. South Bend Tribune, (3-29-1953), obit. 30. South Bend Tribune, (1-10-1961), obit. 31. South Bend Tribune, (1-24-1982), p.50, obit; (1-25-1982). 32. South Bend Tribune, (2-26-1977),p.22, obit; (8-27-1977),p.20. 33. Memoirs: 247-248. 34. South Bend Tribune, (7-28-1955), obit; (7-29-1955). 35. South Bend Tribune, (3-19-1961), obit. 36. South Bend Tribune, (9-28-1900), obit. 37. South Bend Tribune, (5-5-1930), sec.2. p.8, obit. 38. South Bend Tribune, (8-6-1917), obit. 39. Graves Registration Project: Works Progress Administration of Indiana, September, 1938. 40. Ibid. MINUTES OF THE REGULAR MONTHLY MEETING OF THE HISTORIC PRESERVATION COMMISSION Regular Monthly Meeting County Conference Room 7:30 p.m. 7th Floor, County -City Building May 18, 1992 1. Call to Order The meeting was called to order at 7:30 p.m. Mr. Oxian cautioned anyone who had attended the meeting re. the agenda items marked "first reading" that public hearings wouldn't take place until next month. He explained that first readings were simply a means of notifying the public of impending hearings. II. Roll Call Members Present: Mr. Herb Herendeen, Mrs. Martha Choitz, Mrs. Joanne S-porleder, Mr. Jed Eide, Mr. Bill Welsheimer, Mr. John Oxian--President, Mr. Fred Holycross--Director, Mr. James Pastor --Administrative Assistant, Mrs. Aladean DeRose--City Attorney, Ms. Suzanne Booker --Surveyor. Members Absent: Mrs. Janeanne Petrass, Mrs. Jean Denner. Also Present: Mr. Mark Sylvester --River Bend Proposed Historic District, Ms. Catherine Hostetler --River Bend, Mr. Dick Bennett --1017 Riverside Drive, Ms. Pat Schafer --Riley at Ewing, Mr. George Tezich--Riley at Ewing, Ms. Deborah Tezich--Riley at Ewing, Mr. Gene Oakley --Riley at Ewing, Mr. Patrick Leyes--East Wayne Historic District, Ms. Georgia Shaw --East Wayne Historic District, Mr. Brian Crumlish--1091 Riverside Drive, Ms. Bonnie Strycker--Youth Service Bureau. III. Public Hearing A. Certificates of Appropriateness 1. 1322 Lincolnway East--Lincolnway East Local Historic District (Youth Service Bureau) Mr. Pastor distributed photos of the building, a c. 1904 Queen Anne house, heavily altered, rated noncontributing, with an attached garage dating from c. 1960. The proposed changes to the garage were as follows: --reduce the garage door opening and install a standard -sized Alumax -brand steel door, model NE 9118 --replace a wood panel entry door with a steel door, Alumax NE 900 --replace a small fixed wood sash with a double hung sash, and install a window of the same size on the east -side of the garage. Ms. Strycker, representing the Youth Service Bureau, said the purpose of the proposal was to convert the garage to a training and staff development area. She said the house itself was becoming crowded. Mr. Pastor said the proposed changes were not strictly within the letter of the standards. However, since the house had been much altered, he felt the building's style and character wouldn't be compromised by the project. He therefore recommended approval, but suggested using model S944 instead of NE 9118 for the reduced garage door opening, and model S1900 instead of NE900 for the replacement entry door. Ms. Strycker said she had no objection to changing the style of door; she did, however, need a steel door, for security. Mr. Pastor said the replacement models would be made of steel. Mr. Oxian asked why it was necessary to replace the smaller door, which, he felt, had some historical value. Ms. Strycker again mentioned security concerns, and said the old door wasn't in very good condition. Mr. Herendeen said the door's deteriorated condition had been documented. Mr. Oxian said he was merely suggesting storing the door, not retaining it in its place. Mrs. Strycker agreed to store the door. Mr. Herendeen moved to approve the door replacements. Mrs. Choitz seconded the motion. Approved unanimously. Mr. Oxian directed the Commission members to follow the new COA procedures and to raise their hands to indicate their votes. This was not necessary, he added, in the case of unanimous votes, but was important in cases where there was some disagreement. Mr. Welsheimer moved to approve the door replacements. as recommended by Mr. Pastor. Mrs. Choitz seconded the motion; approved unanimously. 2. 1326 Lincolnway East--Lincolnway East Local Historic District Mr. Pastor described the two structures on this property as a 1917 American Foursquare and a c. 1920 greenhouse. Both were rated "noncontributing." Ms. Strycker would again be representing the petitioner. The proposal was to demolish the greenhouse. According to assessor records, he said, the building, originally a place of business, was now gutted. Its most distinctive feature was a deteriorated portico of vaguely art deco style. He distributed copies of Ms. Strycker's statement of intent to demolish, and noted that the statement lacked a description of her plans for the property, once the greenhouse had been removed. He asked Ms. Strycker to elaborate on any such plans. Ms. Strycker said the Youth Service Bureau planned within the next few years to erect a new 2 building between the two existing buildings. The clearedgreenhouse site would be seeded, and perhaps lightly landscaped. Mr. Pastor read the staff recommendation. He said he had inspected the property several times and decided that the greenhouse was actually an architectural detriment to the district. The structure did, however, have some historical value; it exemplified the way the home place and the work place were once integrated. For this reason, he recommended postponing demolition until ways of adapting and re -using the greenhouse could be considered. Mrs. DeRose pointed out that the owner, according to the recently -passed demolition standards, must prove that the building was unusable without extensive rehabilitation. Mr. Holycross said he considered the building unfit for use without radical rehabilitation. He commended Mr. Pastor's analysis, but said he partly disagreed with it--i.e., he recommended that demolition be allowed, with the stipulation that the building be appropriately replaced so as to fill the gap left in the streetscape. Mrs. Sporleder moved to approve the demolition. and said she agreed with the survev rating of "noncontributing." Mr. Herendeen seconded the motion. Mr. Oxian said that demolition was therefore to be approved under part "A" of the demolition standards. The motion was unanimously approved. C. 1017 Riverside Drive --Local Historic District Mr. Pastor described this house as a c. 1904 American Foursquare, rated C/9, and owned by R. J. Bennett. Mr. Bennett proposed to replace a rear entry vestibule with a bathroom. Mr. Bennett said he considered the new bathroom a distinct improvement to the property, which now had only one bathroom. There was no way to incorporate the bathroom into the existing vestibule. Also, the vestibule needed repair. The exterior structure of the house would be maintained, he said, and the existing overhang, except for a slight difference in pitch, would be replicated. He believed that giving an identical roof pitch to both house and addition would make for a top-heavy look. The existing vestibule door, Mr. Bennett continued, was unusually narrow. In order to use standard framing, he wished to widen the door opening by 2". Mrs. Choitz moved to approve the proposal. Mrs. SDorleder seconded the motion. Mr. Oxian said that no motion should be made until the staff recommendation had been given. Mr. Pastor said the proposal was generally in keeping with the standards, but recommended closer attention to two details: 1. The orientation of the entry steps would be 3 changed. They now permitted a straight exit from the vestibule. The new steps would require a 90-degree turn to exit. 2. The molded entablature under the eaves would be replicated, but in a simplified form. Mr. Bennett said the angle of the steps had been changed to accommodate a tree in the back yard. Mrs. Choitz asked whether the staff had discussed the simplification of the trim with Mr. Bennett. Mr. Pastor said he hadn't yet been able to do so. Mr. Bennett said he intended to match the trim on the main entablature as closely as possible. Mrs. Choitz asked why the issue of trim had been raised at all; hadn't the owner promised to replicate the old vestibule as closely as possible? Mr. Bennett said the specifications for trim were still rather sketchy. He said he would match the trim as closely as possible without resorting to custom molds. Mrs. Choitz said certain HPC members could lend their expertise to this problem, if the owner so wished. Mrs. Choitz said she wanted to make a new motion. Mr. Oxian said she could either withdraw her first motion, or add to it. Under new review procedures, motions could be amended with the approval of the person seconding. Mrs. Choitz moved to approve the proposal. adding that the trim be replicated as closelv as possible. Mrs. SDorleder approved the addendum. Mr. Bennett informed the Commission that the bottom part of the vestibule was older that the top, and had once been part of an open porch. Did the Commission also require him to replicate the molding around this bottom part? Mrs. Choitz said only the molding under the eaves need be replicated. Mrs. Sporleder asked what type of siding was to be used. Mr. Bennett said it was 8" vertical wood tongue & groove. Mrs. Sporleder voiced the concern that the balustrade would not follow building code requirements, since it apparently lacked intermediate balustrading. Mr. Bennett said there would indeed be intermediate balustrading, though it wasn't yet shown on the plans. Mr. Oxian asked whether clearer specifications should be required. Mr. Bennett said he could easily amend the plans to more clearly indicate the balustrading. The reason he hadn't yet done so was that he didn't know the exact dimensions yet. Mr. Holycross asked whether the staff could approve this last item. Mr. Oxian said it could. The motion was aDDroved unanimouslv. Mr. Oxian instructed Mr. Bennett to obtain staff approval for the balustrading. 4 4. 1071 Riverside Drive --Local Historic District Mr,. Pa$t r descri ed this ho se as a . 1911 Prairie -influenced oursquare douse wit�i a contributing garage. The owner proposed to: --replace a concrete walk from house to garage in-kind --install a 15' wide rectangular concrete patio in the rear of the house, running from fence to fence, with 3' bordering flower beds on each side. Mr. Pastor said Mr. Murphy, the owner, had signed a COA application specifying that the replacement walk would replicate the dimension and the materials of the existing walk. The plans Mr. Murphy had submitted, however, indicated a walk of different form and dimensions. Mr. Oxian said that, because these particular owners had already several times violated COA procedures, he thought it unwise to approve any of their proposals in absentia and without clear specifications. He said he, personally, would vote against any of their proposals unless they appeared at the meeting and offered a fully -detailed account of the plan, in writing. Further, to approve any more proposals might simply complicate existing legal problems between the Commission and these owners. Mrs. Choitz moved to table the proposal. Mrs. Sporleder asked whether the HPC could table the proposal and also require the owner to furnish other, particular items of information. Mr. Oxian said such stipulations were permissible. Mr. Herendeen said the Commission should require the submission of a clearer plan. Mrs. Sporleder said the plan should clearly show that the walk would be replaced in-kind. The owner should also be told that the existing plans appeared to violate the standards. Mr. Holycross said the owner had already been informed of the plan's deficiencies. Mrs. DeRose said she had that day received a letter from Ann Manion announcing the sale of 1071 Riverside. The Commission might therefore have to deal with a new owner. Ms. Manion's letter had not identified the new owner. Mrs. DeRose further stated that, since the proposal might not have originated from the house's current owners, it might therefore be invalid. Mr. Eide moved to table the proposal indefinitely. Mrs. SDorleder seconded the motion. stioulatinq that clearer Dlans and better information be furnished. Mr. Oxian identified two reasons for tabling the proposal: --the identity of the current owner wasn't known --the proposal had not been properly made. 5. 1091 Riverside Drive --Local Historic District 5 Mr. Pastor distributed photos of the house and described it as a c. 1909 Prairie -style house, rated 0-13 and designed by architect Ernest Young. He said that the owner, Mr. Brian Crumlish, proposed to replace the cedar shingle roofing on the garage with Timberland brand asphalt shingles, simulated cedar shingle profile. Mr. Crumlish had provided samples of both the existing and the proposed shingles. Mr. Pastor said that, while the proposal wasn't strictly within standards, there were mitigating factors. Mr. Crumlish had put the cedar shingles on himself, in 1977, to replace asphalt roll shingles on both house and garage. He had hoped to restore the roof's authenticity. The cedar shingles on the garage had since deteriorated, and were manifesting several other performance problem --for example, raccoons were eating them. Nevertheless, Mr. Pastor continued, some authenticity would be lost in the switch from cedar to Timberline shingles. He therefore recommended searching for a roofing material that more closely resembled wood shingles. He asked the Commission to suggest such alternatives. Mrs. Sporleder questioned Mr. Crumlish on the particulars of the project. Mr. Crumlish told her --the cedar shingles posed problems partly because of tree shading and moisture, partly because of raccoon attacks --he intended to remove the shingles, not simply cover them over --the cedar shingles on the main house roof were also presenting problems. Mr. Herendeen asked Mr. Crumlish whether he planned to use Timberline Ultra shingles, or some other Timberline shingle. Mr. Crumlish held up a panel displaying samples of Timberline shingles, and pointed to the one he intended to use. Mrs. Sporleder moved to approve the proposal. savinq she felt the Timberline shingles would give the roof an appropriate "rough" look. Mr. Herendeen seconded the motion. Mr. Oxian abstained. Motion approved. 6. Entry Posts --East Wayne Local Historic District Mr. Holycross presented the staff report. The project, originating from the East Wayne Liaison Committee, was to replace the missing lanterns atop the entry posts to the neighborhood. A meter box was to be attached to the northeast post, in an inconspicuous spot. The chosen replacement lamps closely resembled the originals, as shown in an old postcard of the district. Mr. Holycross recommended approval of the project, stipulating that the meter -box be painted to match the bricks. Mr. Oxian asked Mrs. Shaw to specify the type 0 of lighting elements to be used. She said they would be 70 -watt metal halide bulbs. Mr. Oxian said the motion should specify metal halide bulbs. Mrs. Sporleder moved to approve the proposal. stipulating metal halide bulbs. Mr. Welsheimer seconded the motion. Approved unanimously. 7. 1323 E. Wayne Street --Local Historic District Mr. Pastor described the house as a c. 1963 ranch -style house, rated noncontributing. Although the owner, Mr. Bamber, had originally submitted a 3 -part proposal, he now was seeking approval for only one alteration. This was to rebuild a wood pool shed at the rear east side of the house in brick, and to extend it up to the house's AC units. Mr. Oxian expressed the concern that, with or without Commission approval, Mr. Bamber might need a variance from the Building Department before he could proceed with the project. Mrs. Sporleder said the owner should be warned of this' possibility. Mr. Eide moved to approve the proposal. Mrs. Choitz seconded the motion, noting that the approval was for one part of the original proposal only. Approved unanimously. Mr. Oxian instructed the staff to warn Mr. Bamber of possible complications from the Building Department when he picked up his COA. IV. Regular Business A. Approval of Minutes --April, 1992 Mrs. Sporleder moved to approve the minutes. as submitted. Mr. Herendeen seconded the motion. Approved unanimously. B. Treasurer's Report Mrs. Sporleder moved to approve the treasurer's report as submitted; Mr. Welsheimer seconded the motion. Approved unanimously. C. Correspondence No report D. Committee Reports 1. Certificates of Appropriateness (Staff Approvals) a. 1520 E. Wayne--LHD Mr. Pastor reported that an existing back fence had been approved for replacement. b. 1077 Riverside--LHD Mr. Pastor reported the installation of an AC unit along the west facade. It was not visible from the street. Mr. Pastor distributed staff reports for both items. There was no discussion. 2. Budget and Finance No report 3. Legal No report. 4. Historic Districts a. River Bend Proposed Historic District -- 7 First Reading Mr. Oxian reported that all necessary materials had been submitted pertinent to the creation of what was to be called the "River Bend Historic District." He and Mr. Holycross had agreed that the area fulfilled the requirements to become a historic district. Before the June meeting, he hoped the district committee would meet and review what had been presented so the district could be formally adopted. Mr. Holycross said he would prepare a detailed report before the June meeting. Mr. Oxian said the sooner this district was adopted, the better. 5. Historic Landmarks a. Riley High School --First Reading Mr. Oxian reported receiving a letter requesting the landmarking of Riley High School. He announced a second reading in June, and asked the petitioners present •if they had any questions. b. Ullery Cemetery --First Reading C. Tutt -Stuckey Cemetery --First Reading Mr. Oxian reported that these two cemeteries, both in Clay Township, would get a public hearing at the June meeting. Mr. Holycross said he'd received a letter of approval from Mr. Romine, Clay Township Trustee, and said he'd submit a copy of this letter along with his June report. Mrs. Pat Schafer (Riley -at -Ewing) asked Mr. Oxian what materials to prepare for the Riley High School landmark hearing. He told her to bring a petition requesting the preservation of the high school building; such a petition would prove neighborhood support. Mrs. Schafer said a petition asking that Riley remain at its current Ewing Street location, and bearing 1500 signatures, already existed. She submitted this petition for the Commission's inspection. Mr. Herendeen said the HPC could not fully support the existing petition, as written. He pointed out provisions advocating the relocation of Studebaker Golf Course and the renovation of the high school building. The HPC could only support the architectural preservation of the building. Mr. Oakley, also of Riley -at -Ewing, said one option was to preserve the original building but to extend it across the golf course. 0 Mr. Herendeen urged changing the specifically to make it o�advocate preservation of the original structure. Mrs. Schafer asked for direction in composing apt wording. Mr. Oxian suggested she confer with the staff. Mr. Herendeen said all petition signers should be city residents. Mr. Oxian mentioned the probable great expense of demolishing the building. He directed Mrs. Schafer to make an appointment to meet with the staff. 6. Standards and Maintenance Mr. Herendeen reported that the East Wayne Family & Children's Center was in very bad condition. Mr. Pastor reported a phone call from these owners informing him that work had begun. The owners said they had gone to the Building Department and been informed they must comply with the provisions of the American Disabilities Act. Mr. Herendeen said the HPC would willingly consider ADA requirements when evaluating any rehabilitation proposals for this structure. Nevertheless, something had to be done about the site. He added that he'd seen no work in progress in the past week; but he had noticed some vandalism. 7. Personnel No report 8. Staff Reports No report V. Old Business A. 1071'Riverside--Update Mrs. DeRose reported further developments in the case of the oval window installed in violation of COA procedures by co-owners Ann Manion and Steve Murphy. Approximately one month ago, she said, she'd sent Ms. Manion a letter indicating the possibility of legal action if this window were not replaced. Ms. Manion had recently sent an answering letter. Ms. DeRose submitted this letter to the board. She said nothing in Ms. Manion's letter, in her opinion, changed the status of the issues. She said the letter indicated substantial profit from sale of 1071 Riverside; replacing the window would have a negligible impact on that profit. In the letter, Ms. Manion had offered to eliminate the front balustrade and wanted to know if doing so would satisfy the HPC. Ms. DeRose reported no expressed willingness in the letter to change the window. The main problem, she said, was that Ms. Manion had evidently sold the house. If the deed had already been transferred, it was too late to issue a writ of les pendens. Mr. Herendeen said the HPC should find out whether the deed transfer were final. Mr. Oxian said a motion should be made to file suit if the sale were in any way incomplete. 01 Mrs. DeRose said it wouldn't be necessary to file suit if the new owners could be persuaded to voluntarily replace the window. Mr. Oxian said this option would be preferable, but he thought the HPC should secure a formal agreement from these new owners to make the changes. Verbal agreements, he said, had clearly failed so far in this case. Mr. Holycross said he would check next morning to see whether the deed transfer were complete. VI. New Business Ms. Shaw asked to see a copy of the Treasurer's Report. She said she hoped surplus HPC funds might be used to buy the new lights for the East Wayne entry posts. Mr. Holycross promised to give her a copy of the report, but said there was no available funding for her project. VII. Hearing of Visitors A. 1315 E. Wayne Ms. Shaw said she wished to address, on behalf of many of her East Wayne neighbors, the recent alterations made to 1315 E. Wayne. The HPC in March had approved the installation of four pink canvas dome awnings on the front of the house. Many E. Wayne residents emphatically objected to these new awnings --so much so that they had carefully reviewed their district standards, to see if they'd been correctly applied. Ms. Shaw discussed her feeling that standards may not have been properly interpreted and referenced Commissioner's remarks from the meeting minutes. Mr. Herendeen said this was a subjective judgment. Mrs. Choitz said the minutes were by no means a complete transcript of the meeting. Much discussion had been omitted. Mr. Oxian noted that all meetings were taped, and invited the petitioners to listen to the tapes. Mr. Leyes, also of the E. Wayne Historic District, conceded that Mr. Weldy (owner of 1315 E. Wayne) had lied to the HPC. He had at first claimed that he intended to keep the property indefinitely. Now he was already trying to sell it. Mr. Leyes then asked whether the decision might somehow be reversed. Mr. Oxian said the HPC couldn't legislate color choice; the HPC had never before concerned itself with color. The Commission members could take no stand on color unless the districts wrote standards giving them the power to do so. Mr. Leyes said the E. Wayne District Commission would amend the standards accordingly. Mrs. Choitz said many historic districts were beginning to legislate color. She regarded this as unfortunate because, since color preferences were very subjective, she foresaw many time-consuming arguments between owners and 10 Commission members. Mrs. DeRose said the minutes did reflect the HPC's attempts to dissuade the owners. Mr. Oxian said, in the past 19 years, no controversy over color had ever arisen. The State Enabling Legislation had granted HPC's the right to control color. However, the South Bend/St. Joseph County HPC had omitted color controls from their ordinance because they were considered too subjective. Mr. Eide thanked Mr. Leyes and Ms. Shaw for their presentation, and expressed sympathy for their concerns. Mrs. Choitz said it was wrong to assume that the HPC had approved the awnings through indifference or ignorance. They had simply been following the standards, as written. The standards should be amended to keep this situation from recurring. She added that, in her experience, only narrow, specific standards were workable. Broad standards caused too much controversy. Mr. Eide agreed that this case seemed to point up a weakness in the standards. While the standards did allow the HPC to legislate the appropriateness of certain minor details, such as the style of a fence, they said nothing about so major a change as front awnings. Mr. Oxian advised Ms. Shaw that district standards could be reviewed every five years. Mr. Leyes asked if anything could be done to get rid of the awnings. Mr. Eide suggested waiting until the house was sold, then asking the new owners to remove them. Mrs. DeRose said it would be unwise for the HPC to reverse a properly -made decision by pressuring the owners to remove the awnings. Any such pressure would have to come from the neighborhood. Mr. Holycross said Mr. Weldy genuinely considered the awnings an improvement to the house. He had rejected alternative proposals when he first applied for the COA. Mr. Eide said the homeowners deserved to be politely informed of their neighbors' grievances. First, a friendly meeting should be arranged --before any petitions were circulated, or the press contacted, etc. VIII. Announcements and Miscellaneous Matters No Report IX. Adjournment The meeting was adjourned at 9:30 p.m. 11 TREASURER'S REPORT: MAY - 1992 As can be seen from the St. Joseph County computer ledger (account #001.39211.000.034) for the month of May, 1992, we have incurred no unusual expenses. This month's expenditures total $3,442.24. Total expenses for 1992 come to $18,756.88. Our unencumbered account balance is $23,804.05. In May we quiatesed (deposited) $1,101.83 into the St. Joseph County general account. This money consisted of $15.00 in COA fees and $1,086.83 from our Community Development Block Grant claim for April, 1992. 05/92 02/26/92 ENCUMB 0.00 PO #053287 VENDOR #000553 DILLS CAMERA SHOT 05/92 05104/92 CLAIM - 441.00 PO 1000000 -VENDOR #007044 BOOKER SUZANNE BANK 402 CHECK #145602 05/92 05/04/92 CLAIM 441.00 PO #000000 VENDOR #000907 HODGES, SUSHMITA BANK #02 CHECK #145656 05/92 05/04/92 CLAIM 133.60 PO #000000 VENDOR #001617 KELLY SERVICES, INC. BANK 102 CHECK #145670 05192 05/04/92 CLAIM 691.43 PO #000000 VENDOR #004741 PASTOR JAMES BANK #02 CHECK #145702 05/92 05/19/92 CLAIM 453.60 PO #000000 VENDOR #007044 BOOKER SUZANNE BANK #02 CHECK #146494 05192 05/19/92 CLAIM 8.00 PO #000000 VENDOR #007716 C.B.I./GRAPHICS BANK #02 CHECK #146498 05/92 05/19/92 CLAIM . 441.00 PO #000000 VENDOR #000907 HODGES, SUSHMITA BANK 402 CHECK 1146522 05192 05/19/92 CLAIM 33.40 PO #000000 VENDOR #001617 KELLY SERVICES, INC. BANK #02 CHECK #146535 05/92 05/19/92 CLAIM 69.38 PO #000000 VENDOR #001154 MICHIANA AREA COUNCIL OF BANK 102 CHECK #146545 05192 05/19/92 CLAIM 645.83 PO #000000 VENDOR #004741 PASTOR JAMES BANK #02 CHECK #146555 05/92 05/19/92 CLAIM 24.00 PO #053724 VENDOR #001528 SOUTH BEND DRAFTING BANK #02 CHECK 4146566 05192 05/19/92 CLAIM 60.00 PO #000000 VENDOR #001538 SOUTH BEND TRIBUNE BANK 4#02 CHECK #146567 001.39211.000.034 HISTORIC PRESERVATION COMMISSIONERS ESTIMATED REV RECEIPTS, UNRECV REV BAL APPROPRIATION ENCUMBRANCE EXPENDITURE UNEXFENDED BAL UNENCUMB BAL CUR 0.00 0.00 0.00 . 3,442.24 TOT - - 0.00 0.00 0.00 42,560.93 0.00 18,756.88 23,804.05 23,804.05 r_� --Invitation to a Center City Associate's downtown recognition breakfast, June 17 --The May/June edition of the Center City Update newsletter --Flyer from Sherwin-Williams --Announcement of a May 21 volunteer coordinator training -session sponsored by the Community Resource Center Inc. --Announcement of a May 31 health fair at the County -City building, sponsored by che-ST--joseph*-County-Healt'h-Departmerit. --Advertisement for a directory of interior architectural details, The Elements of Style --A radio station newsletter entitled The Lite Life Magazine --The Near Northwest Neighborhood News, a newsletter --An inter -office memo listing the properties involved in the May 18 Code Enforcement Hearing --Advertisement from Micro -Masters service express. --The May edition of the MACIAF Monitor newsletter --Announcement of an HLFI June 15 program entitled "The Impact of The Americans With DisAbilities Act on Historic Structures." --A list of nominees for the NIHS Board of Trustees --Invitation from the NIHS Board of Trustees to attend the NIHS 125th anniversary dinner --A catalogue entitled "Books withSStyle" from the National Trust for Historic Preservation --Announement of a NIHS press conference June 8 re. their "Campaign for History" --apdcial report from United Way claiming that 99% of donations remain in St. Joseph County. --Announcement of a June 8 Warsaw town tour --The April newsletter, COPAR.(the Cooperative Preservation of Arehhitectural Records) --May 18, May 26, and June 1*plans from MACIAF f, STAFF REPORT: STAFF APPROVALS Fred M. Holycross Director June 15, 1992 1215 East Wavne Street (East Wayne LHD) Owner: Bernard F. Diedrich Project: 1. Installation of new gutters/ downspouts in kind. 2. Roof maintenance: repair flashings, apply fibrated aluminum coating on entire roof; shingle replacement (west side); replace metal roof cap, main section in kind; seal flashings (chimney, etc.) as needed. 3. Replace front door in-kind. 4. Replace masonry chimney cap in-kind. 5. Replace front shrubbery in-kind. Review/Decision: All proposals were either in kind or appropriate minor changes. Staff approval (Director) granted, COA issued on 5-13-92. 1138 East Wavne Street (East Wayne LHD) Owners: Virginia and Louis Anderson Project: Remove roof shingles (entire); replace in kind. Review/Decision: Proposal was in kind replacement. Staff Approval (Director) granted, COA issued 5-29-92. Jun 10, 1992 HISTORIC PRESERVATION COMMISSION -- STAFF APPROVALS ST,# - - STREET NAME- CATEGORIES PROJECT DESCRIPTION 8 East Wayne- _-- - Street roofingRemove roof -f�shingles (entire); replace with "Manville Woodland 25- Year Signature Series" asphalt shingles. 1614 Wayne Street (E) roofing replace 3 in 1 tab asphalt - shingle on roof and main house with same (25 year shingle). Replace asphalt roofing on -fiat 'rooms artzoria a, sur porch and rear one story addition w/ EPDM rubber roofing system., 0 f- - 41 ORDINANCE NO. ,AN ORDINANCE AMENDING CHAPTER 21 Ok THE MUNICIPAL CODE OF THE CITY OF SOUTH REND INDIANA, 1971, ---ALSO -KNOWN -AS --ORDIMCE-NO. - 4990 -68s, -As AXWED9 AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF ME CM OF SOUTH BEND, INDIANA,, AS AMENDED.. PERTAINING TO HISTORIC PRESERVATION COMMISSION POWERS AND DUTIES AS SET FORTH IN ORDINANCE NO. 5565-73 BE IT ORDAINED by the Common Council of the City of South Bend, -ludians, as follows: SECTION I. That Section II 2d (6) of Ordinance No. 5565-73., passed by the common Council on September 103, lgn,, shall be amended to read as follows: Where the Historic Preservation Commission deems it necessary., the Commission may petition the Common Council for a temporary delay on proposed construction,, xveonstruction, alteration, demolition or moving., for the purpose of preparing an historic preservation plan for the historic landmark and/or the district in which it in located. Such request shall be for a specific riod of time,, and in no --case shall the request exceed five 5) years. 'The Common Council shall grant said request when it finds: That such action will not cause the owner of the subject property to suffer hardship; That such delay will not be injurious to the public health,, safety., or welfare; and -:That in -keeping with the intent of this 0 rdinaince., such action is necessary and appropriate. ,,,;�7. -This =Ordinance shall be in fall force and effect _p y;,thi.Conmon Council and approval by the �Jts- from and -after- assageb Mayor. Member of Common Council