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May 2003
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HPC Meeting Minutes 2003
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May 2003
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South Bend HPC
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Minutes
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JOANN SPORLEDER: My question is regarding the Stuckey Cemetery on Cleveland Road. It is a <br />local landmark and is owned; -and the adjacent property immediately to the west of it is also part of <br />the parcel that is owned by Clay Township. <br />Clay Town chil» it�d ig vPn �nPrmiccinn to SiDn, (ln o_i s billboard in -the --property <br />which is west of the cemetery. Permission was also given by the township at that time to have the <br />- sign installed <br />Lou O'Donnell also wanted to take down some of the trees. He was given permission to only <br />take down the trees immediately around the sign site. Area Plan approved the site and the location. <br />The site and location also had to be approved by the DNR so that the sign would be a sufficient <br />number of feet away from the west boundary of the cemetery. <br />I met with Mr. Lou O'Donnell on several occasions, and I was quite specific about the trees <br />that he could not cut down. He was not allowed to cut down the large red oak tree at the corner of <br />the cemetery and the trees along the cemetery fence line which boarders the toll road on the south <br />side of the cemetery. When he had the sign installed, he also had the large red oak tree cut down <br />and the trees along the cemetery fence line on the south side of the cemetery. <br />There are several things wrong with this situation: <br />1. He was told not to cut the Red Oak Tree, nor any trees in the cemetery, and to stay a <br />certain distance away from the cemetery. <br />2. It is a local landmark, and if he were going to cut down any trees he would <br />need a C. of A. first; which of course he did not get. <br />I would like to say that we are going into a legal situation and I don't quite know where to go <br />with this. The township attorney is going to address this because he is in sufficient breach of the <br />contract. He was supposed to first contact the township board and lay out for them the entire <br />environmental plan of what he was going to do. Someone from the township board was supposed <br />to have been there at the time that the trees were cut down, none of which he did. <br />The DNR should also be informed because they have violated an historic cemetery. The <br />township's attorney, Mr. Augustino, will be sending a letter, as I understand it, to Mr. O'Donnell <br />relative to this breach of contract. I don't know what is going to happen after this; but, I think that <br />----we need to find out how much -value needs to be placed on these historic trees that have been cut- <br />down. <br />ut down. <br />I would also like to suggest that we send a letter, if the board thinks it is appropriate, to Mr. ; <br />O'Donnell informing him of his transgressions on this historic cemetery, one of the oldest <br />cemeteries in Clay Township. <br />KAREN HAMMOND-NASH: My recommendation is that we do not dump this additional <br />situation onto Tom. I should definitely correspond with Sign One and then send a copy of this <br />correspondence to Mr. Augustino. I should also offer to the township attorney, if he is the one <br />taking lead in the litigation, all of the information within the commission's disposal throughout the <br />development of this case. I am going to assume that the township is going to be seeking legal <br />regress to seek restoration of the site to the approval of the state forester. We would certainly offer <br />to be involved with this situation. <br />JOANN SPORLEDER: One of the things that Mr. Augustin said is that we need to begin to <br />? establish a value for the trees that have been cut down, so that a judge could make a decision based <br />on the historical significance and value of these trees. <br />JOHN OXIAN: To get this information you should contact the state forester. <br />
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