15-012 1 ORDINANCE NO. 15 -012
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE
5 BARTON MEMORIAL PARK CEMETARY LOCATED AT 561
6 NW 12 AVENUE, WHICH IS MORE FULLY DESCRIBED
7 HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON -
8 SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
9
10 WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land
11 Development Regulations provides for the designation and protection of historic sites in the
12 City of Boynton Beach; and
13 WHEREAS, the Barton Memorial Park Cemetery is estimated to be created in 1900
14 with the earliest burial; and
15 WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a
16 designation report for the designation of the Barton Memorial Park Cemetery as a historic site
17 and held a duly noticed public hearing in regard to the designation of the property as an
18 historic site at which no member of the public spoke in opposition to the designation of the
19 property as an historic site; and
20 WHEREAS, the Historic Preservation Board of the City of Boynton Beach on March
21 9, 2015 recommended that the Barton Memorial Park Cemetery be designated a historic site;
22 and
23 WHEREAS, the City Commission of the City of Boynton Beach has conducted a
24 duly noticed public hearing in regard to the designation of the Barton Memorial Park
25 Cemetery as a historic site.
26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing whereas clauses are true and correct and are now ratified
. and confirmed by the City Commission.
Section 2. The Barton Memorial Park Cemetery is located at 561 NW 12
Avenue, and is hereby designated as the Barton Memorial Park Cemetery in accordance with
and under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton Beach
Land Development Regulations.
Section 3. It is the intention of the City Commission of the City of Boynton Beach
: that this Ordinance and each and every of its terms be considered a part of a single whole and
' that the Ordinance not be severable and that if a court of competent jurisdiction finds that any
11 section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it
11 its entirety.
12 Section 4. This Ordinance shall become effective immediately upon its passage
13 and adoption.
14 FIRST READING this 17 day of March 2015.
15
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1 SECOND, FINAL READING AND PASSAGE this 7 day of Apra I , 2015.
2 CITY OF BOYNTON BEACH, FLORIDA 1
3
4 YES NO
5
6 Mayor — Jerry Taylor
7'
8 Vice Mayor — Joe Casello
9
10 Commissioner — David T. Merker 5/
11
12 Commissioner — Mack McCray r�
13
14 Commissioner — Michael M. Fitzpatrick ✓
15
16
17 VOTE 5 -0
18
19 ATTEST:
20
21
22 • Pfi-au;Acto
23 Jane M. Prainito, MMC
24 Clerk
25
26 G\ o
27
28 (1 e a . eal)
29
O� I V
30 TO N
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,QTY OA, CITY OF BOYNTON BEACH City Applications and Codes Accessed
Via Website
PLANNING & ZONING DIVISION www.boynton- beach.org
"' www .amlegal.com/boynton- beach_Il.us
Z , 1 00 East Boynton Beach Boulevard
■ o e a Boynton Beach, FL 33435 to -0s -n
I- as P Phone:
': , 4, r o N - (561) 742 -6260
HISTORIC SITE DESIGNATION APPLICATION
I. GENERAL INFORMATION: This application must be filled out completely, accurately, and submitted as
an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly
(in ink) or type all information. The application and designation processes are further described in Chapter 4,
Article IX, Section 6.0 of the Land Development Regulations.
Submission requirements:
• One original and one copy of a completed application form.
• Two copies of all supporting do
p ppo g cumentatlon a..n,d photographs.
• One pdf copy of the application and supporting documentation.
• The applicable fee of $15.00 as adopted by the City Commission (please make checks payable to the
City of Boynton Beach)
Minimum Required Supporting Documentation
Site location map
A map or survey identifying the boundary of the property to be designated
Photographs showing the site, all building elevations, significant features of the site or structure (all
photographs must be credited)
A bibliography citing all references and sources e.g. titles of books, articles, websites and their authors,
photographic credits etc. used in completing the application.
Examples of Optional Supporting Documentation
Copies of construction drawings and building permits
Historic photographs, maps and surveys
Copies of newspaper and magazine articles, diary excerpts
Transcripts of oral histories
Census data and historic deeds providing information on owners and tenants
Florida Master Site File forms
Information obtained from online sources
Any other relevant supporting information
All applicants must attend a pre - application conference with the Historic Preservation Planner. Please
call (561) 742 -6757 to schedule an appointment or ask any questions associated with the application.
In some cases it may be more convenient to submit two copies of a bound Designation Report
including all images and documentation rather than submitting the application form with numerous
attachments, especially if there is a substantial amount of supporting information. If this option is
chosen an application form containing all required signatures must submitted; however, all other
sections can refer the reader to the Designation Report.
It is strongly recommended that all applicants refer to National Register Bulletins 15 and 16A which
contain detailed Information on designation requirements and the terms included in the application.
The bulletins are published by the US Department of the Interior and can be viewed or downloaded
from: http: / /www.nps.Aov /nr /publications /index.htm.
1
A. PROPERTY INFORMATION:
1. Property Name /Proposed Name: Barton Memorial Park Cemetery
Reason for selecting this name: Existing name
2. Property Address: 561 NW 12 Avenue, Boynton Beach, Florida 33435 (proposed address)
3. Parcel Control Number (PCN) *: - - - - - -
CTY RNG TWP SEC SUB BLK LOT
* List all PCN's on an attached addendum for applications comprised of multiple lots.
4. Legal Description *: See Attachment C
* Provide on attached addendum if more space is needed.
5. Existing Land Use Classification (from Future Land Use Map): None
6. Existing Zoning District (from Official Zoning Map): None
7. Is the property located in the Community Redevelopment Agency area? Yes X No ❑
8. If yes to Question #7 above, what is the name of the applicable redevelopment plan?
Heart of Boynton Redevelopment Plan
9. Property Type:
Residential Cl Commercial ❑ Public Building ❑ Archaeological Site ❑
Other (describe) Cemetery
10. Number of structures on the site: 0
11. Current Designation:
Is the site or structure individually listed on the National Register? Yes ❑ No X
Is the site or structure located in a Local or National Historic District? Yes ❑ No X
If the site or structure is in a district, is it a contributing site or structure? Yes Cl No ❑
2
II. ARCHITECTURE & CONSTRUCTION DETAILS
A. ARCHITECTURAL INFORMATION (if unsure leave blank and staff will assist)
1. Original Use of Property: Cemetery
Current Use of Property: Cemetery (closed for burials)
2. Architectural Style: N/A
3. Architect (if known):
Source:
4. Builder (if known): N/A
Source:
5. Construction Dates:
Source:
6. Has the structure been altered e.g. new windows, change of roof covering etc? Yes ❑ No ❑
Details (Include descriptions, dates, and sources, continue on a separate sheet if required)
N/A
7. Have any additions been made to the property e.g. extra rooms, extensions? Yes ❑ No ❑
Details (Include descriptions, dates, and sources, continue on a separate sheet if required)
N/A
3
8. Has the structure been moved? Yes ❑ No ❑
Details (Include descriptions, dates, and sources, continue on a separate sheet if required)
N/A
B. MATERIALS
1. Foundation: N/A
2. Structural System: N/A
3. Exterior Walls: N/A
4. Roof Types & Materials: N/A
5. Chimney Number & Materials: N/A
6. Windows Type & Materials: N/A
7. Other Materials e.g. Facings, Veneers, Decorative Elements: N/A
C. CURRENT CONDITION OF SITE & STRUCTURES
Excellent ❑ Good X Fair ❑ Poor ❑
List details of required repairs if known
A number of grave markers have cracked and require repair.
D. OTHER SIGNIFICANT FEATURES
List details of any other significant features not included above e.g. exterior building features
and ornamentation, interior features, landscape features, etc.
See Attachments E & G
4
III. HISTORICAL INFORMATION
A. SIGNIFICANT EVENTS
Describe any historically significant events associated with the site or structure.
None known
B. SIGNIFICANT PERSONS
Provide details of any historically significant persons associated with the site or structure. If
known, also include details of the original owners.
See Attachment H
C. ANECDOTES AND /OR STORIES
Provide a summary of any anecdotes and /or stories associated with the site or structure.
None known
D. ARCHAEOLOGY
Describe any known archaeology associated with the site.
Burial site with twenty grave markers of varying styles.
5
IV. SIGNIFICANCE
A. CRITERIA FOR SIGNIFICANCE
A site or structure must have significance in American history, architecture, archeology, engineering
or culture and possess integrity of location, design, setting, materials, workmanship, and
association. Usually, a structure must also be at least 50 years old.
In addition to having integrity, the site or structure must also meet at least one of the following
criteria. Check all criteria that apply to the site or structure.
X Is associated with events that have made a significant contribution to the broad patterns of
the City's history.
❑ Is associated with the lives of persons significant in the City's past.
X Embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic values, or represents a significant
and distinguishable entity whose components may lack individual distinction.
X Has yielded, or may be likely to yield, information important in prehistory or history.
LI Is listed in the National Register of Historic Places.
Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious
institutions or used for religious purposes, structures that have been moved from their original
locations, reconstructed historic buildings, properties primarily commemorative in nature, and
properties that have achieved significance within the past 50 years shall not be considered eligible
for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are
integral parts of districts that do meet the criteria or if they fall within the following categories:
a. A religious property deriving primary significance from architectural or artistic distinction or
historical importance; or
b. A building or structure removed from its original location but which is primarily significant for
architectural value, or which is the surviving structure most importantly associated with a historic
person or event; or
c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site
or building associated with his or her productive life; or
d. A cemetery that derives its primary importance from graves of persons of transcendent
importance, from age, from distinctive design features, or from association with historic events; or
e. A reconstructed building when accurately executed in a suitable environment and presented in a
dignified manner as part of a restoration master plan, and when no other building or structure with
the same association has survived; or
f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has
invested it with its own exceptional significance; or
g. A property achieving significance within the past 50 years if it is of exceptional importance.
6
B. AREA OF SIGNIFICANCE
Whereas the Criteria for Significance listed above identify the site or structure's association with
history, the Area of Significance identifies sub -areas within the history field to which the property
relates. At least one area of significance from the following list must be identified for a site or
structure to be eligible. Check the Areas of Significance that apply.
❑ Agriculture ❑ Engineering El Maritime History
❑ Architecture ❑ Entertainment/Recreation ❑ Military
X Archaeology X Ethnic Heritage ❑ Performing Arts
X Art ❑ Exploration /Settlement ❑ Philosophy
❑ Commerce ❑ Health /Medicine El Politics /Government
❑ Communications ❑ Industry ❑ Religion
❑ Community Planning & Dev. ❑ Invention ❑ Science
❑ Conservation ❑ Landscape Architecture X Social History
El Economics ❑ Law ❑ Transportation
❑ Education ❑ Literature
Other (explain):
C. PERIOD OF SIGNIFICANCE
The Period of Significance is defined in National Register Bulletin 16A as:
"the length of time when a property was associated with important events, activities, or persons, or
attained the characteristics which qualify it for National Register listing. Period of significance
usually begins with the date when significant activities or events began giving the property its
historic significance; this is often a date of construction. For prehistoric properties, the period of
significance is the broad span of time about which the site or district is likely to provide information;
it is often the period associated with a particular cultural group."
For the site of an important event, such as a pivotal five -month labor strike, the period of
significance is the time when the event occurred. For properties associated with historic trends,
such as commercial development, the period of significance is the span of time when the property
actively contributed to the trend.
For a property associated with a significant person, the period of significance is usually the length of
time the property was associated with the important person.
For architecturally significant properties, the period of significance is the date of construction and /or
the dates of any significant alterations and additions.
The period of significance for an archeological site is the estimated time when it was occupied or
used for reasons related to its importance, for example, 3000 -2500 B.C.
Identify and explain the periods of significance associated with the site or structure:
c.1900 to 1983: estimated date of earliest burial to date of last burial
7
D. STATEMENT OF SIGNIFICANCE
Based on the above, explain the site or structure's integrity and significance. Include any
biographical data on significant persons, architects, builders if known. Continue on a separate sheet
if necessary. (Provide typed attachment if preferred).
See Attachment I
V. BIBLIOGRAPHY
All sources cited in this application must be included in the bibliography. Continue on a separate
sheet if necessary. (Provide typed attachment if preferred).
See Attachment J
8
VI. APPLICANT AND PROPERTY OWNER INFORMATION
A. APPLICANT:
1. Name: City of Boynton Beach
2. Address: 100 E. Boynton Beach Blvd., PO Box 310
City: Boynton Beach State: Florida Zip Code: 33425
Phone: (561) 742 -6757 Email: adamsw(bbfl.us
3. Interest in Property (check one) *: Owner X, Agent ❑, Contract Purchaser O.
* Include a copy of the last recorded Warranty Deed with all applications.
a. Include written consent of all property owners of record if subject property is under joint
or multiple ownership.
b. If an authorized agent, include a copy of the Agent Agreement or written consent by the
seller(s) and owner(s).
B. PROPERTY OWNER INFORMATION:
1. Name of Property Owner (Trustee):
2. Owner Address:
City: State: Zip Code:
C. AGENT INFORMATION *:
1. Name:
* All correspondence will be mailed to the agent unless there is no agent of record, in which case, all correspondence
will be mailed to the applicant. This party will receive agendas, letters, and other material.
Company Name:
2. Address:
City: State: Zip Code:
Phone: Email:
D. AUTHORIZATION OF AGENT:
Signature of authorized agent. Date
Signature of Owner(s) or Trustee, of authorized Date
principal if property is owned by a corporation or
other business entity.
OR
Signature of contract purchaser (if applicant). Date
9
E. CERTIFICATION: (I) (We) understand that this application and all papers and plans submitted
herewith become part of the permanent records of the Planning and Zoning Division. (I) (We) hereby
certify that the above statements or showings in any papers or plans submitted herewith are true to the
best of (my) (our) knowledge and belief. This application will not be accepted unless signed according
to the instructions below.
/IP ... ' . / L.._-_-........■-__ '40/1 5
Signatur' .f Owner (s) or Trustee, of Date
authorized principal if property is owned by a
corporation or other business entity.
OR
Signature of contract purchaser (if applicant). Date
A representative must be present at all Historic Resources Preservation Board (HRPB)
meetings and City Commission meetings held to review this application.
VII. PUBLIC NOTICING REQUIREMENTS:
The public noticing requirements contained herein shall be applicable to all historic site designation
applications. Pursuant to City of Boynton Beach Ordinance 12 -016, no quasi-judicial proceeding shall proceed
until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City Clerk and
copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to
whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices
must be paid for and provided by the applicant:
A. MAILING: The applicant shall mail a notice of the time, place and subject matter of the public
hearing to all individuals and associations owning or having control over abutting or adjacent property
as determined by the Historic Preservation Planner. Property owner details may be obtained from the
Palm Beach County Property Appraiser website or by contacting one of the offices listed below.
A copy of the notice and a list of the property owners contacted shall be mailed to the Planning and
Zoning Division, City of Boynton Beach.
All notices shall be mailed by first class mail and postmarked no less than 10 calendar days before the
public hearing.
Palm Beach County
Property Appraiser Office
Attention: Mapping Division
Downtown Service Center South County Office
301 North Olive Avenue 14925 Cumberland Drive
West Palm Beach, FL 33401 Delray Beach, FL 33446
Phone: (561) 355 -2866 Phone: (561) 276 -1250
http: / /www. p bcclov.com /papa/
10
B. SIGNAGE: One (1) sign for each street frontage of the property shall be posted no less than 10
calendar days prior to the hearing. Signs shall be legible from a distance of 100 feet and shall contain a
description of the approval being sought, the date, time and location of the hearing, and a statement
that the application being considered is available for inspection in the Development Department of the
City of Boynton Beach. Minimum sign size shall be 24" wide by 18" high.
PUBLIC HEARING NOTICE
HISTORIC SITE DESIGNATION
Historic Resources Preservation Board
Date: Time:
City Commission
Date: Time:
Location: City Commission Chambers, City Hall
100 East Boynton Beach Boulevard
Information: Department of Development
(561) 742 -6757
The application may be inspected at the Development Department, City of Boynton Beach
(The above sample is not drawn to scale. Please customize to accommodate your project information)
C. POSTPONEMENT: When a quasi - judicial hearing is tabled or continued at the request of an
applicant, re- notice of the hearing shall be provided by the applicant in the same manner as the original
notice.
D. CITY TECHNICAL SUPPORT AT PUBLIC MEETINGS:
1. Applicants who wish to utilize City electronic media equipment for presentations at Historic
Resource Preservation Board and City Commission Public Hearings must notify the Planning
and Zoning Department representative at least one (1) week prior to the scheduled meetingi
2. The notification is to include the scope of support to be provided, including the corresponding
agenda item, type of media, materials and equipment needed, along with contact information
for the applicant;
3. The department representative will notify the I.T.S. Department at least two (2) working days
prior to the meeting to schedule technical support;
4. A copy of the items to be presented must be delivered to the I.T.S. Department no later than
6:00 p.m. on the workinq day preceding the Commission meeting. At the conclusion of the
meeting, these items will be returned to the department representative who originated the
request;
5. In the event that media or materials are defective, I.T.S Department. will notify department
representative by noon of the day of the meeting.
6. At least thirty minutes prior to the Commission Meeting, non -City individuals will meet with the
I.T.S. Department representative to finalize procedures.
11
E. AFFIDAVIT:
AFFIDAVIT
RE:
Property Address:
Project Name:
File #:
I / We, the undersigned do certify that to the best of my knowledge, the attached ownership list is a
complete and accurate representation of the real estate property and property owners abutting or adjacent
to the above- referenced property as determined by the Historic Preservation Planner. This reflects the
most current records on file in the Palm Beach County Property Appraiser's Website.
The notifications were postmarked a minimum of 10 days in advance of the public hearing.
Site signs were posted on the premises a minimum of 10 days in advance of the public hearing in
accordance with City Ordinance 12 -016. Attached, are photographs of the signs showing their placement
on the property and the abutting right -of -way.
Sincerely, State of Florida
County of Palm Beach
ii Afi2fa � The fore oin instrument was wl edged before
foregoing acknowledged
App sc ant / Agent me this 3 day of 1N\is(L,c , 2015, by
1,.144.i BINS P J , who is
Cc: Planning & Zoning Department N4 personally known to me, or — produced
�''' as identification
1„..,,P k
......,
Notary Public
af e Notary Public state of Raids (Stamp)
. : Debra P Reamsnyder
� My Commisaion FF 075173
\,w 6cpff 12101112017
S: \Planning \Shared \WP\Spec Proj \Historic\Application Forms\Historic Site Designation Application.doc
12
Attachments
List of Illustrations
Attachment A: Location Aerial
Attachment B: Subject Site
Attachment C: Legal Description
Attachment D: Photographs
Attachment E: Site Description
Attachment F: Site History
Attachment G: Grave Markers
Attachment H: Statement of Significance
Attachment I: Bibliography
List of Illustrations
Fig. 1: Location Aerial
Fig. 2: Subject Site
Fig. 3: Legal Description
Fig. 4: Site Looking NW
Fig. 5: Site Looking SW
Fig. 6: Site Looking SE
Fig. 7: Site Looking N
Fig. 8: Land Platted for NW 5 St. Continuation
Fig. 9: Entrance Feature
Fig. 10: Site Aerial
Fig. 11: Cemetery Looking NW
Fig. 12: Cracked Headstone
Fig. 13: Cracked Slab
Fig. 14: Cherry Hills Plat (1926)
Fig. 15: Tentative Layout of Municipal Cemetery (Colored) (1953)
Fig. 16: State Road 9, Chapel Hill Cemetery (1968)
Fig. 17: Burial List Sample
Fig. 18: Earliest Legible Marker Dated 1926
Fig. 19: Scratched Cement Marker
Fig. 20: Painted Marker
Fig. 21: Small Concrete Vault
Fig. 22: Illegible Rounded Top Marker
Fig. 23: Nordic Cross Marker
Fig. 24: Dove Motif
Fig. 25: Garland Design
Fig. 26: Marble Facing on Cement Marker
Fig. 27: Marble Facing Side View
Fig. 28: Site Aerial (1953)
Fig. 29: Mechanical Plant
All photographs by W. Adams unless indicated in text.
Attachment A
Location Aerial
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ay fl//jf7T1 i `-- - - � a' ' l Nw 11th Ave ', I ,..,...„,. r I : ,' ' 1 . ‘ 7 1 ,,,,fri r r; } „ .r. E 1 • : ' ,. .• - - ` w Mat tin Luther Km .11,61v (I
Fig. 1: Location (Palm Beach County Property Appraiser Website)
Attachment B
Subject Site
w EXHIBIT "A"
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AT T I INTERSECTION / PARCEL $8 (PART)
N.8.518 ST. 8 SEE SHEET 1 FOR LEGEND AND NOTES
N.W.10TH AYE.
ION 1/4 SEC.LIN€1 FLORIDA DEPARTMENT OF TRANSPORTATION
RIlT OF ■AT ►APPALL
DETAIL "A
RIGHT OF WAY PARCEL SKETCH
STATE OF FLORIDA STATE ROAD NO.9 (1.951 PALM BEACH COUNTY
DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR ^ 1 MIL w MAIW i ?'S wa
RIGHT OF RAT MAPPING r4MU *Masao ..' 1
3400 WEST COMMERCIAL BLVD. ro FI /.00.ae� • _ Y__�
FORT LAUDERDALE, FLORIDA 33309 a[ciz0 j nwo4 r•oF•Mr
(954) 777 -4550 4 op, wpm or FILLO PDX IC'S
1REFNNWiL 11 D'WNA. INC. 411141)
M.P.I. SO 4 i. . "•r,'
■ ■ F.P. NO. N/A SHEET 5 OF 5
wwsw. n ax SECTION 932jO.24I2
Fig. 2: Subject Site (shaded area)
Attachment C
Legal Description
EXHIBIT "A"
LEGAL DESCRIPTION
Beira a portion of the Northwest one- quarter (N.W,i /41 of Section
21, Township 45 South, Range 43 Eost, lying in Palm Beoch County,
Florida, being more particularly described as foliowse
Commencing at 9 found PK nell and disc marking the Southwest corner
of the Southwest one-quarter (S.e.1/4) of Section 21. Township 45
South. Ronge 43 East; thence North Oi °36'31" West along the West line
of sold Southwest one - quarter (S.W.1 /4), a distance of 2630.07 feet
to the Northwest corner of said Southwest one - Charter IS. W.I /4);
thence South 89 Lost along the North line of sold Southwest
one IS.W.i/4), O distance of 433.90 feet to o point on the
Baseline Of Survey for State Rood 9 41 -951 os shown on the Flor100
Deportment of Tronsportotlon Right of Woy Mop Section No. 93220 -24,2i
thence con +lnue South 89•36'40" East along the North line of sold
Southwest one- quarter IS.W.I 14J, a dlstonce of 71.84 feet to o point
on the existing Easterly Limited Access Right of Woy line for State
Rood 9 11 -951 of sold Florida Deportment of Transportation Right of
Woy Mop; thence North D0 Wes+ along soid existing Easterly
Limited Access Right of Woy line, o distance of 18,56 feet to a
point, thence North 04 °24'04" East along sold existing Easterly
Limited Access Right of Way Tine. a dis +once of 462.63 feet to a
point, thence North 12 ° 09'56" Eost along said existing Easterly
Limited Access Right of Woy line. o distance of 413.79 to the POINT
OF BEGINNING; thence continue North 12'09'56" East along sold
existing Easterly Limited Access Right of Way Ilne, o distance of
135.58 feet; +hence deporting sold existing Easterly Limited Access
Right of Woy line of a right angle North 77 °50'04` West. a distance
of 3.00 feet; thence North 12909'56" Eost of a right angle to the
lost described course, o distance of 11.00 feet to a points +hence
North 78'32'17" East. o distance of 3.27 feet to a point on sold
existing Easterly Limited Access Right of Woy line; thence continue
North 78 °32'17" Eost olong sold existing Easterly Limited Access
Right of Way line, o distance of 66.94 feet to o point on o npn-
tangent curve concave to the Eost, noving o chord bearing of
South 03 °50'31" West. rodial to sold point bears
North 85 °20'07" West. sold point also being the existing Westerly
Right of Noy line for Woodland Avenue as shown on said Florid()
Deportment of Transportation Right of Woy Mop, 'thence Southwesterly
olong the arc of sold curve hoving o radius of 5529.65 feet, through
O central angle of 01'38'44 ", and on arc distance of 158.80 feet to
o point of intersection with the prolongation of the centerline of
o 50.00 foot wide plotted right of way for Northwest 12th Avenue.
Cherry H1113, according to the plot thereof, as recorded in Plot
Book 4 of Page 58 of Said Public Records; thence
North 89 °37'12` West along the prolongation of sold centerline, o
distance of 86.13 feet to the POINT OF BEGINNING.
Containing 11.335 square feet 10.260 acres), more or less.
NOT A SURVEY
PARCEL 88 (PART)
FLORIDA DEPARTMENT OF TRANSPORTATION
RIONT OF lax WPPLIFC
STATE OF FLORIDA RIGHT OF WAY PARCEL SKETCH
DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR STATE ROAD N0.9 [1-95) PALM BEACH COUNTY
RiGHT OF WAY MAPPING
3A00 WEST COI*. RCIAL BLVD. j r un .moo h,, G.Tt
FORT LAUDERDALE, FLORIDA 33309 mute ,waweo i - o° - Tr��
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lira,; M urz SECTION 93220.24i2
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Fig. 3: Legal Description
Attachment D
Photographs
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Fig. 8: Land Platted for NW 5"' St. Continuation (3 Fig. 9: Entrance Feature (3.3.15)
Attachment E
Site Description
The site is located at the northwest corner of NW 12 Avenue and NW 5th Street, Boynton Beach.
At the time of writing this report, the site had no address; however, a request had been submitted
to have it listed as 561 NW 12 Avenue.
As can be seen from the aerial, the site is bounded to the west by Interstate 95, to the north by
Interstate 95 and a single - family residence, to the east by a strip of land historically platted for the
northward continuation of NW 5 Street and a single family residence, and to the south by the
Barton Memorial Park which is owned by the City of Boynton Beach.
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Fig. 10: Site Aerial (Palm Beach County Property Appraiser Website)
The site, which measures approximately 0.26 acres in size, is located in a residential area on a
high ridge of land that runs north /south through the city. Significant site features include twenty
grave markers of varying styles and a large banyan tree. The entrance to the park and cemetery
is marked by two recently built concrete blocks. The post to the west contains the wording "Barton
Memorial Park" and the post to the east contains a depiction of a graveyard with markers, a
church, palm trees, and a plantation with a house. There is no evidence to suggest this scene is a
historical depiction of the site. Other recent site additions include the Interstate 95 noise wall
located to the west and the north of the site and an asphalt path located near the southern site
boundary.
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Fig. 11: Cemetery Looking NW (3.3.15)
Ownership of the site was transferred from the Florida Department of Transportation (FDOT) to
the City of Boynton Beach in 2002; however, FDOT has retained a permanent easement running
alongside the noise wall to the west and north of the cemetery (see Attachment B). The easement
is not included in the historic designation. The Quitclaim Deed notes that the site is to be used for
a cemetery and if this uses ceases all property rights shall revert back to FDOT
The site is in good condition although some of the grave markers have cracked and require minor
repairs.
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Fig. 12: Cracked Headstone (3.3.15) Fig. 13 Cracked Slag (3.3.15)
1
Quitclaim Deed dated July 5, 2002. Book 13932, Page 1241, recorded July 18, 2002. Parties: the State of Florida
Department of Transportation and the City of Boynton Beach.
Attachment F
Site History
It is not known when the first burial took place at the Barton Memorial Park Cemetery (historically
known as Cherry Hill Cemetery) as it was started as an unofficial burial place for the city's
African - American community. As it was not planned as a cemetery by the city, there are almost
no early records detailing who is buried there and there is no known plot numbering system.
It is likely the site was chosen as it is located on high ground and, at the time of the first burial, it
lay on the outskirts of town. The earliest legible remaining grave marker dates to 1926 and the
adjacent Cherry Hills subdivision was recorded in 1926 It is possible the grave markers with no
details located in the land originally platted for the northward continuation of NW 5` Street are of
an earlier date than the subdivision. The 1926 burial took place only two years after the nearby
area formerly known as "Colored Town" was established by ordinance in 1924 This, and the fact
that both blacks and whites were buried in Boynton Beach Memorial Park prior to segregation,
suggests the site was possibly used for earlier African American burials for reasons other than
segregation.
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Fig. 14: Cherry Hills Plat (1926) showing cemetery location
Although the earliest legible headstone dates to 1926, it is highly probable that there were earlier
burials. Historically, in many cases graves were not marked or the marker would be made from
degradable material such as wood which has decayed over time. It is possible that some grave
markers were removed. Unmarked burials can be identified by indentations in the ground. All
burials lie in an east/west direction as is common in Christian cemeteries.
2 Cherry Hills Subdivision Plat, February 11, 1926.
3 Town of Boynton Ordinance No. 47, November 18, 1924.
The earliest documentary evidence located to date which mentions the cemetery are City Council
minutes from 1948 The item being discussed is a letter from the Office of the County Engineer
regarding the proposed construction of the Jacksonville to Miami Superhighway, State Road 9
(now known as Interstate 95). The city was concerned that "....the proposed road cuts through
the major part of the City's disposal grounds and also through the colored cemetery'. This
indicates that the cemetery was located on the outskirts of town as it was in close proximity to the
refuse dump and that, prior to transferring ownership of the land for the construction of Interstate
95, the site was owned by the city.
In 1952, City Commission minutes record a proposed "....beautification of the colored cemetery'
A plan was prepared by George S. Brockway, Engineer, showing an extension to the cemetery
land with plots laid out in rows However, it was noted that the plat ran on both sides of the
proposed new highway'.
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Fig. 15: Tentative Layout of Municipal Cemetery (Colored), George S. Brockway (1953)
In April, 1953, Commission minutes record that efforts were being made to settle this matter but
that no more money would be spent on the cemetery as it was the County's responsibility A
committee was established in 1954 to find a new location for a cemetery as the colored cemetery
was small and becoming overcrowded. The shortage of space led to a recommendation from the
Cemetery Board of Governor's that "....only bona -fide residents of Boynton Beach be buried in
the colored cemetery.... " ° which indicates the deceased from outside the city limits were being
interred there.
Throughout 1955, the proposal for a new cemetery appears to have been tabled and plans were
made to bury deceased African American residents in the Lincoln Memorial Gardens (assumed
to be the Lincoln Memorial Gardens on Seacrest Boulevard, just south of Hypoluxo Road). An
agreement was drawn up; however, this idea was abandoned and it was agreed to plan for a new
colored cemetery in Boynton In 1957, land for a new cemetery was identified in Block D,
Boynton Hills and an engineer was contracted to prepare a layout The new cemetery was
4 Town Council Minutes, July 7, 1948.
5 City Commission Minutes, December 1, 1952.
6 Tentative Layout of Municipal Cemetery (Colored), George S. Brockway, Engineer, 1952.
City Commission Minutes, April 6, 1953.
8 City Commission Minutes, April 20, 1953.
9 City Commission Minutes, September 7, 1954.
10 City Commission Minutes, September 20, 1954.
City Commission Minutes, February 7, 1955.
12 City Commission Minutes, December 19, 1955.
13 City Commission Minutes, March 18, 1957.
named Sara Sims Memorial Gardens and the first interment took place in 1958. The last burial in
Barton before its closure appears to have occurred in 1959; however, in 1983, special permission
was given for the burial of Rebecca Cooper Travis so that she may be buried next to her first
husband
Little mention is made of the Barton Cemetery until 1968 when a drawing was prepared by Palm
Beach County Engineering Department showing the proposed route of the planned new interstate
passing directly through the cemetery (incorrectly named on the drawing as Chapel Hill
Cemetery) The plan shows the location of a number of burials with the names of the deceased
where known.
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Fig. 16: State Road 9, Chapel Hill Cemetery, Palm Beach County Engineering Department (1968)
By 1969 it appeared as if the proposal was moving ahead as a request was submitted by Palm
Beach County requesting "....a waiver of the requirements of concrete liners for re- interring
bodies in the Sara Sims Cemetery' The request was denied. In 1970, further discussion
regarding the proposed new interstate took place and concerns were raised over the removal of
bodies from the cemetery and possible air pollution
It is at this point the history of the cemetery and the proposed route of the new highway become
unclear. The city archives contain an undated, handwritten document listing 58 burials at the
14 Sun Sentinel, "City Assumes Duty of Cleaning Cemetery Once Overgrown Resting Place is Peaceful', July 29, 1990.
15 State Road 9, Chapel Hill Cemetery, Palm Beach County, Engineering Department, 1968.
16 City Council Minutes, January 20, 1969.
17 City Council Minutes, August 3, 1970.
cemetery (incorrectly named Chapel Hill) 33 of which have names and addresses of the
deceased with the remainder listed as "Unknown ". All of the entries have a Chapel Hill plot
number and an assigned plot number at the Sara Sims Cemetery to which each burial was to be
relocated to make way for the highway. A later newspaper article dates this list to 1973/1974 •
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Fig. 17: Burial List Sample Showing Chapel Hill Cemetery and Sara Sims Cemetery Lot Numbers
Therefore, assuming the newspaper date of the list is accurate, by 1973/1974, it appears that
plans were moving ahead to route the new interstate directly through the cemetery. However,
between 1973/1974 and completion of the new interstate in 1977, there is no mention anywhere
of burials being relocated to Sara Sims. This appears strange as the relocation of burials would
likely require approval, would be mentioned in City Commission minutes, and would likely draw
protests from family members and lead to reports in the media. This initially suggests the route of
the new interstate was realigned to bypass the cemetery. This theory may be further supported
by a public comment made to City Council in 1974 regarding the poor condition of the cemetery
and how it may be viewed by motorists travelling along 1 -95 when it was completed If the
cemetery was to be destroyed by the new interstate, why would there be concern regarding its
appearance to motorists travelling along the interstate?
(Further investigation was carried out into the suggested re- aligning of the interstate and the
findings are included in Attachment I, Statement of Significance).
In 1978, concerns were raised over the condition of the Cherry Hill Cemetery At the same
meeting, Mayor Jackson commented that some people may wish to have burials relocated to a
cemetery where they would be taken care of as the Cherry Hill Cemetery had no perpetual care.
This would have contributed to the poor state of the site. Newspaper articles from this time also
highlighted the concerns of community members and the families of the deceased2223. A
campaign to have the cemetery cleaned up was led by Mary Barton. Mary served on the
Cemetery Board and her son, Alton, is buried in the cemetery.
Later in 1978, the City Council approved a lease agreement between the City and the
Department of Transportation to lease the cemetery and the park to the south By 1979, the City
had cleaned up the cemetery and named it after Mary Barton. Ownership of the site was
transferred from the Florida Department of Transportation to the City of Boynton Beach in 2002.
18 Unnamed burial list document (no date).
19 News Journal, "Some Remember", 1978.
20 City Council Minutes, June 18, 1974.
21 City Council Minutes, June 20, 1978.
22 News Journal, "Some Remember ", 1978.
23 Palm Beach Post, "Old, Forgotten Black Cemetery Stirs Controversy', May 25, 1978.
24 City Council Minutes, July 5, 1978.
Attachment G
Grave Markers
The subject contains twenty grave markers of varying styles that provide valuable information on
the City's early African- American community. The style of the markers include unprofessionally
made examples with the deceased's details roughly inscribed into cement, a hand - painted marker
which is a fine example of folk -art, concrete slabs and vaults, and professionally carved marble
markers.
The markers range in shape includes square top, rounded top, crosses, and a Nordic Cross. Very
few markers include any motifs although the limited examples include a dove and garlands. Most
of the markers are in good condition; however, some have cracked and require repair. The Barton
marker is interesting as it looks like the original cement marker has been refaced with marble.
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Fig. 20: Painted Marker (3.3.15) �' Fig. 21: Small Concrete Vault (3.3.15)
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Fig. 26: Marble Facing on Cement Marker 93.3.15) Fig. 27: Marble Facing Side View
1
1
Attachment H
Statement of Significance
The subject is a 0.26 acre cemetery which was unofficially established for the burial of Boynton's
early African- American community. The integrity of the site was threatened by the construction of
Interstate 95 which passed through the city in 1977 but it appears that the highway was re-
aligned to miss the site. The cemetery contains twenty grave markers of varying styles which
provide valuable information on the African - American community.
The subject is eligible for inclusion in the Boynton Beach Register of Historic Places as it is
significant in the areas of archaeology, art, ethnic heritage, and social history and it:
• Is associated with events that have made a significant contribution to the broad patterns
of the City's history.
• Embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic values, or represents a
significant and distinguishable entity whose components may lack individual distinction.
• Has yielded, or may be likely to yield, information important in prehistory or history.
However, for a site to be listed on the Local Register, it must also possess integrity. The City
Historic Preservation Ordinance recognizes seven aspects that define integrity: location, design,
setting, materials, workmanship, feeling, and association. The ordinance is based on the National
Register Criteria for Evaluation which states:
To retain historic integrity a property will always possess several, and usually most, of the
aspects'.
All properties change over time. It is not necessary for a property to retain all its historic physical
features or characteristics. The property must retain, however, the essential physical features that
enable it to convey its historic identity. The essential physical features are those features that
define both why a property is significant (Applicable Criteria and Areas of Significance) and when
it was significant (Periods of Significance).
Location and Setting
The location of the site has not changed and; therefore, the site retains its integrity with regard to
location.
The integrity of the setting has been adversely affected in a number of ways. Firstly, the creation
of the subdivision and the construction of residential buildings in close proximity to the cemetery
have affected its original, more rural setting on the outskirts of town. However, the growth of a
town is a normal factor that affects many historic sites and it is quite common for older cemeteries
to be surrounded by ongoing development. A lack of space caused by encroaching development
is one of the main reasons historic cemeteries run out of space and cannot expand to make room
for more burials.
Secondly, the imposing noise wall screening the site from 1 -95 dominates the cemetery and,
thirdly, mechanical plant with no screening (probably for sprinklers) has been installed in the
cemetery in a very prominent location.
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Fig. 28: Site Aerial (1953) Fig. 29: Mechanical Plant
Design, Materials, and Workmanship
The site retains grave markers consistent with the manufacturing techniques, design, materials,
and workmanship that are consistent with the period of significance. The styles include early,
unprofessionally made markers of scratched cement to early concrete vaults, a variety of shapes,
examples of folk art, altered markers, and more recent professionally carved marble markers.
This is consistent with similar cemeteries from the same period.
Association
The main question regarding the integrity of this site is whether it retains its association site
retains its association with those originally interred there. The difficult question to be answered is,
were and burials relocated or disturbed by the construction of 1 -95? As the original extent of the
cemetery is unknown, it is likely there was some disturbance of burials; however, there is no
record of this.
With regard to the relocation of burials, it appears that 1 -95 was re- aligned to miss the majority of
the site. This theory is based on the following:
• The proposed interstate route plan (Fig. 16) shows the location of headstones in the
cemetery. A number of those marked on the drawing still exist in the same locations
indicated.
• There are no records or media reports from between 1973 and the completion of 1 -95 in
1977 mentioning the relocation of burials.
• Comments made at a 1974 City Council meeting mention the poor condition of the
cemetery and how it may be viewed by motorists travelling along 1 -95 when it was
completed If the cemetery was to be destroyed by the new interstate, why would there
be concern regarding its appearance to motorists travelling along the interstate?
• The unnamed handwritten burial list from 1973/1974 lists the plot numbers in the Sara
Sims Cemetery for the relocated burials. There are no grave markers in the proposed
section of the Sara Sims Cemetery and a review of the City Clerk's records shows that it
25 City Council Minutes, June 18, 1974.
is unknown as to whether the majority of these plots are occupied suggesting they may
have been marked for relocations which never occurred and the records were never
updated. Also, a few of the designated plots are occupied by burials dating to 1989.
• In 1978, one year after 1 -95 was completed, the News Journal stated "....the State
Department of Transportation (DOT) decided to realign 1 -95, rather than destroy the
cemetery'
• In 2012, students from Florida Atlantic University completed a Ground Penetrating radar
survey of the cemetery. The results showed many underground anomalies which are
approximately six feet long and facing in an east/west direction. Although it cannot be
said with absolute certainty that these anomalies are burials, it seems extremely likely
that they are. The GPR unit was also quickly run over the section proposed for the
relocation of burials at the Sara Sims Cemetery. Although this was carried out quickly
with no real planning, measuring, or setting up, it indicated no anomalies.
Based on the above; therefore, it appears that no bodies were relocated to make way for the
construction of 1 -95. While some burials may have been disturbed or even lost during construction
of the interstate and the noise wall, it appears that the cemetery may be fairly intact.
Feelin
Feeling is how a property expresses its aesthetic or historic sense of a particular period of time
through design, workmanship, materials, and setting. Although the setting of the site has changed
and some grave markers have been lost, the design, workmanship, and materials of those
remaining evoke a sense of a past era.
Summary
Therefore, based on the above, the subject property is eligible for individual designation and
inclusion on the Boynton Beach Register of Historic Places for its archaeological, art, ethnic
heritage, and social history significance. The site provides a history of social and cultural
practices of the City's early African- American community, contains a variety of marker styles
consistent with the Period of Significance, contains fine examples of folk art, and is the only site
of its kind in the City.
26 News Journal, Some Remember", 1978.
Attachment I
Bibliography
City Records
Town of Boynton Ordinance No. 47, November 18, 1924.
Cherry Hills Subdivision Plat, February 11, 1926.
Town Council Minutes, July 7, 1948.
City Commission Minutes, December 1, 1952.
Tentative Layout of Municipal Cemetery (Colored), George S. Brockway, Engineer, 1952.
City Commission Minutes, April 6, 1953.
City Commission Minutes, April 20, 1953.
City Commission Minutes, September 7, 1954.
City Commission Minutes, September 20, 1954.
City Commission Minutes, February 7, 1955.
City Commission Minutes, December 19, 1955.
City Commission Minutes, March 18, 1957.
State Road 9, Chapel Hill Cemetery, Palm Beach County, Engineering Department, 1968.
City Council Minutes, January 20, 1969.
City Council Minutes, August 3, 1970.
Unnamed burial list document (no date).
City Council Minutes, June 18, 1974.
City Council Minutes, June 20, 1978.
City Council Minutes, July 5, 1978.
Quitclaim Deed dated July 5, 2002. Book 13932, Page 1241, recorded July 18, 2002. Parties: the
State of Florida Department of Transportation and the City of Boynton Beach.
Surveys
Florida Master Site File Historical Cemetery Form PB09639, Florida Division of Historical
Resources, October 29, 2001.
Newspapers
News Journal, "Some Remember", 1978.
Palm Beach Post, "Old, Forgotten Black Cemetery Stirs Controversy', May 25, 1978.
Sun Sentinel, "City Assumes Duty of Cleaning Cemetery Once Overgrown Resting Place is
Peaceful', July 29, 1990.
Websites
National Park Service, page consulted on various dates
http://www.nps.gov/nr/publications/bulletins/pdfs/nrb41.pdf
NETR Online, Historic Aerials, page consulted on various dates
http: / /www.historicaerials.com/
Palm Beach County Property Appraiser, page consulted August 13, 2014
http: / /pbcgov.com /papal Asps/ PropertyDetail /PropertyDetail.aspx ?parcel = 08434528240000040&
Report prepared by W. Adams
Historic Preservation Planner
March 3, 2015
BOO( 13932 PAGE 1247 '
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FD.PK NAIL 8 DISC INTERSECTION I NOT A SURVEY
AT Q NTERS
"KHA PARCEL 88 (PART)
N.W.5TH ST. 8 SEE SHEET I FOR LEGEND AND NOTES
N.W.IOTH AVE.
(ON 1/4 SEC.L(NE) FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY MAPPING
DETAIL AAA RIGHT OF WAY PARCEL SKETCH
STATE OF FLORIDA STATE ROAD NO.9 (1 -95) PALM BEACH COUNTY
DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR ar DATE � 7 pan RIGHT OF WAY MAPPING PRELIU NARANJO 2.09 -02
3400 WEST COMMERCIAL BLVD. FINAL NARANJO 2.08.02 _ `-' - LHECxED iRU0N0 2 -08.02 -
FORT LAUDERDALE, FLORIDA 33309 01ST T '1.°H DF.wA
(954)777-4550 MAPS PREPARED BT (A40 9ODK NO.'S
CREENNORNE 8 O'MARA. INC. 4319412
W.P.I. N0. N/A SCALE. 1'•30•
V.P. NO. N SHEET 5 OF 5
REVISION 6, DATE SECTION 93220-2412
S: \Suave \W01 82 01 _P88. DGN
Floods Uepartment01 'ranspoFTNnon
Y District Four Right of Way
3400 W Commercial Boulevard
Ft I euderdTIc.Fl. 33309.3421