Historic Zoning Commission

CITY OF MURFREESBORO HISTORIC ZONING COMMISSION Regular Meeting December 21, 2021 3:30 PM, Council Chambers, City Hall I. Call to Order and determination of a quorum II. Approve Minutes of the Regular Meeting on February 24, 2021 III. Election of Officers for 2021-2022 IV. New Business a. H-21--001: 451 East College Street, Richard and Vicki Fewell - Requesting additional changes from approved plans of the final design review for a new single-family residence currently under construction pertaining to the garage door style and the addition of a dormer to the west elevation on the second floor. b. H-21-010- Benevolent Cemetery National Register of Historic Places nomination- Murfreesboro Historic Zoning Commission to review report, discuss and vote on the nomination of the Benevolent Cemetery located on South Church Street to the National Register of Historic Places as required by the Certified Local Government (CLG) Program. V. Staff Reports and Other Business V. Adjourn City of Murfreesboro Historic Zoning Commission Staff Comments Regular meeting: December 21, 2021 New Business: 4.a. H-21--001: 451 East College Street, Richard and Vicki Fewell - Requesting additional changes from approved plans of the final design review for a new single-family residence currently under construction pertaining to the garage door style and the addition of a dormer to the west elevation on the second floor. This property is located on the north side of East College Street several lots to the west of North Highland Avenue. It contains approximately 0.26 acres. The property is zoned RS- 8 (Single-Family Residential District 8) and H-1 (Historic Zoning Overlay District). It is also located in the CCO (City Core Overlay) district. Photographs of the subject property, the property directly to the west, and the surrounding homes are included below. The property owner is now in the final phases of constructing a new single-family dwelling on the subject property. At the June 16, 2020 regular meeting the HZC approved the new construction in regard to architecture, the front driveway and parking area, garage doors, Marvin wood windows with aluminum cladding on the outside, fixed grids inside and out with a space bar, soffit, Gutter board, gutters and roof, gas lights, and rear yard fencing. The HZC did include the condition that the final design and details for the following items had to be submitted for administrative review and approval by the Planning Department: • paving, • roofing, • garage doors, • man doors, and • fencing After receiving the necessary information from the applicant, Staff approved these items in October in order for the applicant to obtain a building permit. On February 24, 2021 the final design review for the new construction home was approved by the Historic Zoning Committee. The applicant now wishes to revise the approved garage door from a door with windows to a solid door. The door comparison is located in the agenda package, Exhibit A. Also, the applicant is requesting a dormer addition to the west elevation towards the rear of the home. Exhibit B shows this dormer addition. The applicants will be in attendance at the meeting in order to answer any questions the Commission may have. Exhibit B City of Murfreesboro Historic Zoning Commission Staff Comments Regular meeting: December 21, 2021 New Business: 4.b. H-21-010- Benevolent Cemetery National Register of Historic Places nomination- Murfreesboro Historic Zoning Commission to review report, discuss and vote on the nomination of the Benevolent Cemetery located on South Church Street to the National Register of Historic Places as required by the Certified Local Government (CLG) Program This property is located within the jurisdiction of the Murfreesboro Certified Local Government (CLG). The CLG program requires the local historic zoning commission and the chief local elected official be notified of all National Register nominations within the CLG’s jurisdiction before being presented to the State Review Board. This particular nomination is scheduled to be presented at the January 26, 2022 State Review Board meeting. A fact sheet and photographs of the property are included in your agenda materials explaining the nomination procedure. During the review and discussion, if there are any comments from Commission members please be prepared to present them at the meeting so a response can be sent to the Tennessee Historical Commission prior to the State Review Board meeting on January 26, 2022. CLG: Murfreesboro PROPERTY: Benevolent Cemetery ADDRESS: Park Avenue CHIEF ELECTED OFFICIAL EVALUATION NAME OF COMMISSION: DATE OF MEETING: HOW WAS THE PUBLIC NOTIFIED OF THE MEETING? ELIGIBLE FOR THE NATIONAL REGISTER NOT ELIGIBLE FOR THE NATIONAL REGISTER REASONS FOR ELIGIBILITY OR NON-ELIGIBILITY: SIGNATURE: TITLE: DATE: THC STAFF EVALUATION ELIGIBLE FOR THE NATIONAL REGISTER NOT ELIGIBLE FOR THE NATIONAL REGISTER REASONS FOR ELIGIBILITY OR NON-ELIGIBILITY: Benevolent Cemetery is eligible for listing in the National Register of Historic Places under Criterion A for its local association with the social history of Murfreesboro, Tennessee’s African American community during the property’s period of significance from 1897 to 1972. The cemetery is one of the lasting institutions created by and for African Americans. As the largest private African American burial ground within the city limits of Murfreesboro, the interments represent all social and economic classes of African Americans who worked and resided in and around Murfreesboro, as well as Black community leaders, preachers, and veterans. Documented burials range from 1897 to 2002 with the majority of burials occurring before the 1970s. As a cemetery owned by a religious organization, the property meets the requirements of Criteria Considerations A and D for eligibility due to its significant historic association with local African American history. SIGNATURE: TITLE: Historic Preservation & National Register Specialist DATE: October 30, 2021 PLEASE COMPLETE THIS FORM AND RETURN BEFORE: January 21, 2022 RETURN FORM TO: REBECCA SCHMITT TENNESSEE HISTORICAL COMMISSION 2941 LEBANON PIKE NASHVILLE, TENNESSEE 37214 REBECCA.SCHMITT@TN.GOV United States Department of the Interior National Park Service DRAFT National Register of Historic Places Registration Form This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin, How to Complete the National Register of Historic Places Registration Form. If any item does not apply to the property being documented, enter "N/A" for "not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. 1. Name of Property Historic name Benevolent Cemetery Other names/site number N/A Name of related multiple property listing N/A (Remove “N/A” if property is part of a multiple property listing and add name) 2. Location Street & Number: Park Avenue City or town: Murfreesboro State: TN County: Rutherford Not For Publication: N/A Vicinity: N/A Zip: ______37129___ 3. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this X nomination ___ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property _X_ meets ___ does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance: national statewide X local Applicable National Register Criteria: X A B C D Signature of certifying official/Title: Date Deputy State Historic Preservation Officer, Tennessee Historical Commission State or Federal agency/bureau or Tribal Government In my opinion, the property meets does not meet the National Register criteria. Signature of Commenting Official: Date Title: State of Federal agency/bureau or Tribal Government 1 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State 4. National Park Service Certification I hereby certify that this property is: entered in the National Register determined eligible for the National Register determined not eligible for the National Register removed from the National Register other (explain:) _____________________ ______________________________________________________________________ Signature of the Keeper Date of Action 5. Classification Ownership of Property Category of Property (Check as many boxes as apply.) (Check only one box.) Private x Building(s) Public – Local District x x Public – State Site Public – Federal Structure x x Object Number of Resources within Property (Do not include previously listed resources in the count) Contributing Noncontributing 0 0 buildings 1 0 sites 0 0 structures 0 0 objects 1 0 Total Number of contributing resources previously listed in the National Register 0 2 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State 6. Function or Use Historic Functions Current Functions (Enter categories from instructions) (Enter categories from instructions) FUNERARY: Cemetery FUNERARY: Cemetery 7. Description Architectural Classification (Enter categories from instructions.) N/A Materials: (enter categories from instructions.) Principal exterior materials of the property: STONE; CONCRETE; EARTH Narrative Description Benevolent Cemetery is an African American cemetery established in 1897 within the Thirteenth District of Rutherford County, Tennessee, about one mile south of the Murfreesboro Courthouse Square. Today, the cemetery comprises approximately eight acres of land adjacent to a major thoroughfare, South Church Street (U. S. Highway 231 South). Benevolent is the largest African American cemetery in Rutherford County, containing more than 1,500 burials. The vast majority of these burials lack gravestones. They are either missing, no longer visible on the surface, or were perhaps never marked. Known burial dates range from 1897 to 2002 with most occurring before the 1970s. An aerial view of Benevolent Cemetery (Figure 1) shows the site’s current setting. The cemetery is bordered by trees and fencing on the north, west, and south sides, acting as a slight buffer between the cemetery and adjacent industrial development. To the north of the cemetery are mixed-use commercial facilities including light-industry buildings and mini-storage warehouses dating from the mid-twentieth century. To the south of the cemetery are a commercial building and a factory, both constructed during the 1960s. The west side of the cemetery is bordered by Park Avenue. The eastern border of the cemetery is void of dense vegetation and is defined by remnants of an old, unpaved access road that once provided access points for both the cemetery and the adjacent businesses on the western side of South Church Street. Running parallel to this road is the South Church Street viaduct, also known as the E. E. “Pluck” Miller Bridge, that crosses over a section of the 3 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State CSX railroad tracks in this vicinity. While a viaduct existed at this point as early as the 1930s according to newspaper accounts, the current bridge was constructed ca. 1980 and provides a wide view of the cemetery.1 The old access road originally crossed the railroad tracks to the northeast of the cemetery at the northern base of the viaduct, allowing access to the cemetery from this direction. However, usage of this crossing was terminated by CSX Corporation in the early 2000s due to liability issues. Therefore, the cemetery is now accessed by entering the old road at the terminus of Seals Way, a road that parallels the northern boundary of the cemetery. Benevolent Cemetery Figure 1. Aerial photograph of Benevolent Cemetery, base map from Rutherford County GIS parcel viewer, 2020 imagery. Upon entering the cemetery property from the east, another unpaved road forms an east/west axis through the middle of the cemetery and is fully accessible to both vehicular and foot traffic. This road curves slightly south towards the western end of the cemetery before making a sharp bend to the north and terminating close to the northern boundary of the cemetery. An aerial image from 1938 (Figure 2) indicates that this historic road in the cemetery originally made a wide oval through the cemetery, with the long north side aligning with the cemetery’s northern boundary. Very little of this northern section is visible or accessible today due to trees and other vegetation. It appears that the southern leg of the road witnessed the most usage. The road also serves to divide the cemetery into several sections. The main historic section of the cemetery is concentrated within the historic loop and contains almost all of the pre-1950s burials. Later burials are mainly located in the western third of the cemetery property, west of the north/south axis of the main road. It appears that no burials have taken place to the south of the current road. This section of the cemetery is prone to flooding, especially in the southwest section of the cemetery property. A modern access road was 1 “Young Negro tells strange story to local officials,” Murfreesboro Daily News Journal, November 20, 1933. 4 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State added from the parking lot adjacent to the southern boundary of the cemetery in recent years, but this access point has been closed in recent months. Figure 2. Aerial photograph of Benevolent Cemetery, 1938, courtesy Rutherford County GIS. While a rough chronology of marked burials flows in an east-to-west pattern, historical markers are found in all sections of the cemetery including the far western section of the cemetery where the most recent burials are located. A large stone obelisk was placed towards the entrance of the cemetery in 1902 by two of the founding trustees of the cemetery. One side of this monument is inscribed, “Erected Dec. 11, 1902. Benevolent Society, No. 11.” The opposite side is marked with the names Alex Simmons and William Jordan along with the word “Chaplain” engraved between their names. This marker pays homage to two of the original trustees of the Benevolent Society in Murfreesboro who worked for a proper site to bury African Americans during a time of Jim Crow segregation. Benevolent Cemetery contains historic gravestones dating from 1897 to 2002 with most before the 1970s. Aerial imagery acquired by Rutherford County Government in 2019 incorporating “Lidar” technology reveals that most of the burials at Benevolent Cemetery follow Christian religious traditions of lying the graves east-west (Figure 3). This imagery also shows that the densely aligned graves are placed in systematic rows and helps to portray the number of unmarked graves. Of the roughly 1,530 documented interments in the cemetery, approximately 224 gravestones are extant and legible. Another 108 grave markers are extant but illegible and in various states of disrepair. Styles vary from large elaborate stones to vernacular hand-carved concrete markers. About two dozen graves are marked with metal markers provided by funeral homes. Occasionally these markers are found embedded into gravestones. Some of the carved gravestones portray symbolic motifs similar to those found in previously nominated historic Black cemeteries in Tennessee including Mt. Olivet Cemetery in Madison County (NR Listed 3/20/2002) and Mt. Olive Cemetery in Montgomery County (NR Listed 11/16/2020). Motifs found at Benevolent Cemetery include flowers, doves, handshakes, open gates, broken chain with index finger pointing at the break, open bibles, and crosses. Some of the fraternal motifs found in the cemetery include the Eastern Star insignia and the Masonic Compass and Square. Current research indicates twenty-five known military veterans are buried at Benevolent Cemetery including seven from the Civil War, five from the Spanish-American War, twelve from World War I, and one from Vietnam. The graves of most of the 5 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State veterans interred at Benevolent Cemetery are marked with standard, government-issued headstones. There are many unmarked grave depressions in the historic section of the cemetery. Also present are several family plots outlined in block-cut stone or distinguished by a large surname marker for adjacent burials of a family. Ornamental and non-native plantings, mainly consisting of daisies and yucca plants, mark or accompany the markers of some graves, especially in the oldest section of the cemetery. The oldest sections of the cemetery contain mature trees and vinca vine. Figure 3. Aerial photograph of Benevolent Cemetery, from Rutherford County GIS Pictometry viewer, 2019 imagery. It does not appear that any interments took place at this site prior to the establishment of the cemetery in 1897. It is known that the entire acreage was under cultivation as late as 1878 as reflected in a deed that discusses prior ownership of the property.2 However, there is one tombstone for a gentleman who died in 1884. It is possible that this person was reinterred into the cemetery after its inception, but death and burial records for Rutherford County were not recorded until 1909 to confirm or deny this thesis. There are extant tombstones from 1897, the year the cemetery was founded, and statistical analysis of death records reveals that the height of burials, and therefore usage of Benevolent Cemetery peaked in the 1920s. This analysis reveals that the cemetery witnessed wide usage from the 1910s through the 1960s before declining. The last known interment took place in 2002. Integrity Statement At the time that Benevolent Cemetery was established, it was located roughly a mile south of the Murfreesboro city limits reflecting the commonality of African American space-making on the fringes of townships due to segregation. Still at its original location, the cemetery is now well within the urban center of Murfreesboro although the property itself retains a sense of being set apart from the city due to its size and the bordering vegetation. These qualities lend it integrity of setting and location, despite being encroached upon by mid-twentieth century development. Other than slight alterations to access points to the original drive, Benevolent Cemetery has remained unaltered. Even with periods of neglect, the current cleanup efforts 2 Deed, Rutherford County, Deed Book 23, pages 477-478 [John Patterson & Others to Alfred Miller], May 14, 1878. 6 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State at the site reveal that Benevolent Cemetery retains its integrity in design, materials, and workmanship due to its spatial organization, mature trees and ornamental plantings, and extant markers, all of which work together to portray a historical landscape that is highly valued by and associated with the local African American community. Benevolent Cemetery serves as reference to local African American history within the context of a larger social narrative involving segregation, civil rights, and African American funerary practices. These qualities enable the property to retain integrity of association and feeling. 7 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State 8. Statement of Significance Applicable National Register Criteria Areas of Significance (Mark "x" in one or more boxes for the criteria (Enter categories from instructions.) qualifying the property for National Register Ethnic Heritage: Black listing.) Social History X A Property is associated with events that have made a significant contribution to the broad patterns of our history. B Property is associated with the lives of persons significant in our past. C Property embodies the distinctive Period of Significance characteristics of a type, period, or method 1897 - 1972 of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual Significant Dates distinction. D Property has yielded, or is likely to yield, information important in prehistory or history. Significant Person Criteria Considerations (Mark "x" in all the boxes that apply.) (Complete only if Criterion B is marked Property is: above.) A Owned by a religious institution or used for N/A X religious purposes. Cultural Affiliation B removed from its original location. N/A C a birthplace or grave. X D a cemetery. Architect/Builder E a reconstructed building, object, or structure. N/A F a commemorative property. less than 50 years old or achieving G significance within the past 50 years. 8 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State Statement of Significance Summary Paragraph Benevolent Cemetery is eligible for listing in the National Register of Historic Places under Criterion A for its local association with the social history of Murfreesboro, Tennessee’s African American community during the period of racial segregation from the late nineteenth century through the mid-twentieth century Civil Rights Movement, reflecting the social divide presented by Jim Crow practices. The cemetery is one of the lasting institutions created by and for African Americans, and the interments there reflect the broad social classes of the local African American community. The cemetery was established on land purchased in 1897 by the trustees of Benevolent Lodge No. 11, a local chapter of the state Benevolent Society, an African American organization founded in Nashville in 1865. Deeded to Murfreesboro’s Allen Chapel A.M.E. Church in 1988, the cemetery is the largest private African American burial ground within the city limits of Murfreesboro. Documented burials range from 1897 to 2002 with the majority of burials occurring before the 1970s. The interments represent all social and economic classes of African Americans who worked and resided in and around Murfreesboro, as well as Black community leaders, preachers, and veterans. The period of significance is 1897 to 1972, beginning with the cemetery’s establishment and ending fifty years prior to the date of this nomination and about the same time that interments declined. As a cemetery owned by a religious organization, the property meets the requirements of Criteria Considerations A and D for eligibility due to its significant historic association with local African American history. Narrative Statement of Significance Founded in the fall of 1803, Rutherford County lies in the geographic center of the state. In 1811, local citizens petitioned to establish a new town named “Murfreesborough,” later shortened to “Murfreesboro,” thereby moving the county seat to a centralized location.3 Murfreesboro experienced the same economic growth and prosperity that characterized many of the towns in Middle Tennessee whose economy was based on slavery and cotton. By 1860, Rutherford County had a population of 14,934 white citizens, 190 “free colored” citizens, and 12,984 enslaved persons belonging to 1,316 enslavers. In 1870, the racial demographics of the county shifted as the federal census denoted almost equally divided racial statistics of 16,807 white citizens and 16,478 Black citizens. Within the city limits of Murfreesboro in 1870 there were 1,670 white citizens, and 1,816 African Americans. By 1880, the racial divide in the county increased with new population totals reflecting 20,248 white citizens, and only 16,493 black citizens.4 Therefore, Murfreesboro witnessed similar racial transitions as other southern towns by 1870 as newly emancipated freepersons flocked to urban centers. However, by 1880 the South began to witness mass Black outmigration by the Exodusters and northern-bound migrants who were beginning to flee white-driven oppression while searching for better economic opportunities. By the end of the Reconstruction era, Murfreesboro’s African American community consisted of a complex social network. Following the Civil War, freed men and women received assistance from the Freedmen’s Bureau and northern white organizations. Black ministers gathered former slaves into congregations, and black congregations acquired property and constructed church buildings. Four cornerstone black churches 3 Note that the original spelling of “Murfreesborough” was shortened to “Murfreesboro” during the Civil War. The town of Murfreesboro replaced the previous county seat of Jefferson, which was located in the northern part of the county on the head waters of the Stones River. 4 “Census of Housing and Population,” United States Census Bureau, accessed June 15, 2021, https://www.census.gov/prod/www/decennial.html. 9 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form DRAFT NPS Form 10-900 OMB No. 1024-0018 Benevolent Cemetery Rutherford, Tennessee Name of Property County and State were founded in Murfreesboro during the Reconstruction era: Key United Methodist, Allen Chapel AME (NR Listed 3/31/1995), Mt. Zion Baptist, and First Baptist (colored). These churches quickly proved more than just safe havens for the Black community; they became the central power and supporting arm of the Black community. Historian Eric Foner, calling on a quote from W. E. B. DuBois, states, “The church was ‘the first social institution fully controlled by black men in America,’ and its multiple functions testified to its centrality in the black community.”5 Yet, none of the historic Black churches in Murfreesboro owned adjacent burial grounds. Murfreesboro’s deceased black residents continued to be buried in the small “colored” section of Evergreen, the main city cemetery (established 1872), and some continued to be buried in the back of the Old City Cemetery on Vine Street (established ca. 1820, NR Listed 3/12/2012). In July 1885, C. L. Seward, Abe Seward, and Alex Simmons posted an article in the Free Press newspaper in Murfreesboro stating they were soliciting money to establish a cemetery “near the city of Murfreesboro for the benefit of the colored people of the town and vicinity.”6 The article continues, “The white people of Murfreesboro have furnished us a graveyard long enough; and now I think, we as a people, should make an effort for ourselves, so we may have sections for our families and societies.”7 While the article does make mention of “the society,” it is not clear if they were referencing Benevolent Society No. 11 directly. It does not appear that this earlier effort to establish a black cemetery for the community came to immediate fruition, yet Alexander Simmons later showed his resolve by becoming one of the founding trustees of Benevolent Cemetery twelve years later. On January 7, 1897, Alfred Miller and his wife, Carrie, sold to “Alexander Simmons, William Jordan, Samuel Currin, George Allen, Berry Seward, Henry Moore Trustees of the Benevolent Lodge No. 11 in Murfreesboro” slightly more than eight acres, which they established as the Benevolent Cemetery that same year.8 Little is known about this chapter of the local Benevolent Lodge organization due to a fire in the 1950s that burned the records of both the society and the cemetery. The state chapter, known as the Colored Benevolent Society, was organized in Nashville for the purpose of affording “relief and assistance to its members, and to the needs of their race in the City of Nashville, in cases of sickness, death, or disability to work.”9 In 1869, the state chapter purchased land on the Murfreesboro Pike in Nashville for use as a segregated burying ground known as Mount Ararat Cemetery, thereby setting a precedent to establish other cemeteries in the state by the action of local chapters. According to historian Leigh Ann Gardner, the Benevolent Society, also known as the Colored Benevolent Society, was one of the first benevolent groups organized in Tennessee. It began in 1865, and it was incorporated on May 22, 1866. In 1868 the group’s charter was revised to allow them to start branches of the organization throughout the state. By the end of the nineteenth century, branches had been established throughout the state, in towns such as Memphis, Cross Bridges (Maury County), Port Royal (Montgomery 5 Eric Foner, Reconstruction: America’s Unfinished Revolution 1863-1877, updated ed. (New York: HarperCollins Publishers, 2002), 92. 6 “Colored Cemetery,” Murfreesboro Free Press, July 17, 1885. 7 Ibid. 8 Deed, Rutherford County, Deed Book 38, pages 338 [Alfred Miller & wife to Alexander Simmons, William Jordan and others, Trustee of Benevolent Lodge No. 11], September 10, 1897. 9 Alrutheus Ambush Taylor, The Negro in Tennessee, 1865-1889. (Washington, D. C.: The Associated Publishers, Inc., 1941), 157. 10 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form DRAFT NPS Form 10-900 OMB No. 1024-0018 Benevolent Cemetery Rutherford, Tennessee Name of Property County and State County), Fayetteville, and Brownsville. Many of the local branches built their own lodge buildings, and several, including the groups in Edgefield, Antioch, Port Royal, and Agnew, established cemeteries for their members.”10 The Benevolent Lodge No. 11 in Murfreesboro must have thrived for a period because the annual meeting of the Delegated Assembly of Benevolent Orders was held in Murfreesboro in 1908. Additional primary-source research reveals that the Murfreesboro Benevolent Lodge No. 11 purchased a lot on State Street in Murfreesboro on August 30, 1917, where they proceeded to construct a lodge building, which remained in use through the next decade.11 However, the society sold this lot and building to Preston Scales, a prominent black funeral home director, in 1931 and the structure was razed shortly thereafter.12 In 1988, Mary Goodman, the last surviving trustee and member of Benevolent Lodge No. 11, transferred the deed for Benevolent Cemetery to the Trustees of Allen Chapel A. M. E. Church in Murfreesboro.13 Interest in the care and preservation of Benevolent Cemetery has waxed and waned over the past forty years. By the latter part of the 1970s, Benevolent Cemetery entered a long period of neglect, though occasional interments still took place. A local newspaper article from 1981 reflects on status of the cemetery: “From the overpass on Church Street, it is difficult to tell even that there is a cemetery in the vicinity. Tall grass and weeds cover all but the tallest tombstones.”14 This article detailed the research by a Middle Tennessee State University student, Jim Jones, and his re-discovery of four Spanish-American War veteran tombstones hidden among the overgrowth in an attempt to bring awareness to the rich African American history at the site.15 In 1991, Eagle Scout Jared Forrester conducted a cleaning project in the cemetery for the purpose of recording all marked graves. His efforts documented eighty interments, which were published in a small volume with copies deposited at Allen Chapel Church, Linebaugh Library in Murfreesboro, and the Church of Jesus Christ of Latter-day Saints Family History Center in Murfreesboro. In 1994, another Eagle Scout project was conducted by Sean Smith to clean overgrowth and garbage from the cemetery and further record any other legible markers. With the assistance of this father, Dr. George Smith, and community volunteers, Sean was able to clear the property and record a total of 320 marked graves.16 The Smiths built a new sign for the cemetery and held a rededication ceremony that same year. However, within four years the cemetery was once again overgrown and Allen Chapel’s Reverend Melvin Hughes was quoted in a local paper “bemoan[ing] the state of the cemetery” adding that “funeral homes stopped burying people in the cemetery, and the checks stopped coming in [to pay for upkeep]. Since then, 10 Leigh Ann Gardner. “Benevolent Lodge #79 Cemetery, Madison, Davidson County, Tennessee.” Tennessee’s African American Lodges, June 21, 2013, http://tn-africanamericanlodges.blogspot.com/2013/benevolent-lodge-79-cemetery-madison.html. Accessed July 1, 2021. 11 Deed, Rutherford County, Deed Book 59, pages 557 [Partee & Avent to Benevolent Society No. 11], November 7, 1917. 12 Deed, Rutherford County, Deed Book 76, pages 618-619 [James Thomas et als Trs. to Preston Scales & wife], December 14, 1931. See also Sanborn Map Company, “Sanborn Fire Insurance Map from Murfreesboro, Rutherford County, Tennessee,” February 1924, Sheet 12. Loc.gov/resource/g3964mm_g083551924/?sp=12&r=0.31.0.094.1.651.0.988.0. Accessed June 30, 2021. 13 Deed, Rutherford County, Deed Book 412, pages 583-584 [warranty deed], September 22, 1988. 14 “Black History Month: Local Cemetery Holds Spanish-American War Veterans,” The Murfreesboro Press, February 19, 1981. 15 Jim Jones later served as a longtime staff historian and Historic Preservation Specialist for the Tennessee Historical Commission/Tennessee State Historic Preservation Office. 16 “Old graveyard undergoes restoration,” Murfreesboro Daily News Journal, May 27, 1994. 11 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form DRAFT NPS Form 10-900 OMB No. 1024-0018 Benevolent Cemetery Rutherford, Tennessee Name of Property County and State the weeds have grown tall, the graves have become obscured, and it has become easy to dismiss the cemetery as a field of weeds.”17 In 2017, several members of Allen Chapel Church under the leadership of church trustee, William Young, took it upon themselves to clean the cemetery. In 2019, Leah Cothern, a retired archivist, began cataloging the names of those interred at Benevolent Cemetery based on her analysis of death certificates, obituaries, and other primary sources. Cothern recorded 1,530 burials between 1897 and 2002 with the highest level of usage from the 1910s through the 1960s before declining in the 1970s. Cothern is currently compiling biographical information and conducting additional statistical analysis of the interments. While research into the history of those buried at Benevolent Cemetery is ongoing, information collected thus far has made clear that they represent all social classes of African Americans who lived, worked, and died in Murfreesboro and the surrounding vicinity. While some of these people are remembered for their military service to the country, others served as community leaders, fraternal brothers and sisters, community professionals, or worked in the endless labor and service industries that propelled Murfreesboro’s economic expansions through the decades. Many of these people’s lifetime efforts are memorialized on their grave markers in varying degrees. One of the most locally famous individuals buried in the cemetery is Dr. John Baptist McClellan (1858- 1954). Born in DeKalb County, Dr. McClellan graduated from Meharry Medical College in 1880 and subsequently moved to Murfreesboro where he started his medical practice and taught in the local schools. He was involved with educational reform for African Americans and worked to support multiple social fraternities in Murfreesboro, including the Benevolent Lodge No. 11. After retiring from his medical practice at the age of eighty, Dr. McClellan remained in Murfreesboro until his death at the age of ninety-six.18 Despite his status in the community, his grave marker is a hand-etched concrete slab. Markers for at least two Civil War veterans are extant in the cemetery. However, these tombstones are non- government issued and appear vernacular in both their design and construction. One of the markers is for United States Colored Troops (USCT) veteran James Eules and his wife America. Although this stone is severely damaged, their names are still legible. Several newspaper interviews in the 1930s lauded America Eules as one of the oldest living former slaves in Rutherford County. At that time, she was also one of the oldest living founding members of Key United Methodist Church in Murfreesboro. She passed away in 1939 at the age of eighty-six. In one of the newspaper articles, she stated that her husband had served for the Union Army during the Civil War. James Eules passed away in 1918.19 The other extant marker of a Civil War veteran is that of Samuel Shane, who served in the seventeenth regiment of USCT. This regiment was organized in Nashville, based in Murfreesboro for a brief period, and 17 “Cemetery Fading into Time,” The Nashville Tennessean, February 8, 1998. 18 Robert G. Ransom, The History of Medicine in Rutherford County, Tennessee (Murfreesboro, Tennessee: Rutherford County Historical Society and Rutherford County/Stones River Medical Academy, 2003), 148. 19 “Ex-slave America Eules,” Murfreesboro Daily News Journal, August 31, 1937. 12 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form DRAFT NPS Form 10-900 OMB No. 1024-0018 Benevolent Cemetery Rutherford, Tennessee Name of Property County and State took part in the Battle of Nashville in December 1864.20 Shane is buried in a family plot in Benevolent Cemetery. The largest marker in this plot is that of Samuel and his wife, Minnie. In addition to their names being inscribed on the stone, there are three fraternal insignia across the top of the stone, including the three- connected chain links representing the Order of the Odd Fellows, the sign of the Free Masons, and the letters “O.E.S.” representing the Order of the Eastern Star. Surrounding the main marker are smaller ones marking the burials of the couple’s children and other family members. The Shane family plot is decorated with ornamental plantings. Several Spanish-American War veterans are buried in the cemetery including John Cheers, Adam Delbridge, Henry Williams, and Oscar Sehorn. Williams served with the 10th U.S. Cavalry, but his name is listed among the reserves who remained in the United States and did not see duty in Cuba.21 Cheers, Delbridge, and Sehorn served with Company E, 8th U.S. Colored Volunteer Infantry, which consisted of African American volunteers from Murfreesboro. Many volunteered in hopes of advancing equal rights for African Americans through military service. Known as the “8th Immunes,” this company gained their nickname from President McKinley’s administration who mistakenly assumed that African Americans possessed a natural immunity to the Yellow Fever epidemic that was affecting U.S. troops in Cuba. The 8th Immunes, commanded by Col. Eli Huggins, were ordered to Camp Thomas, at Chickamauga Park, Georgia. However, they received a racist reception from the mayor and citizens of Chattanooga throughout the duration for their services.22 All of these men received government-issued tombstones to mark their graves in Benevolent Cemetery. Other extant government-issued tombstones found in Benevolent Cemetery include those of World War I veterans Jessie Crockett, Jim Hickman, Ray Frazier, and Thomas Burke. Of all the noteworthy women buried in Benevolent Cemetery, a few of their markers stand out as reminders of their achievements and connections to broader social histories. The grave marker of Jemima Rayburn is etched with an epitaph paying tribute to the many years that she was employed by the William and Mary Hume family in Nashville. Several generations of the Hume family are known for their contributions to the public school system in Nashville as well as the expansion of early telephone operations in that city. Upon her death in 1909, Rayburn was buried at Benevolent and some of the Hume children, for whom Rayburn served as a domestic servant, marked her grave with a permanent memorial. Another notable grave marker is that of Fannie Tilford who passed away in 1919. Tilford’s marker has an intricate design that differentiates it from most of the other headstones in Benevolent Cemetery. The bottom of the tombstone reads “Star Chamber 399 Quito, TN” while the top of the tombstone displays that insignia of the Mosaic Templars of America which is represented by the letters “M T A” accompanied by two crossed shepherd’s staffs (representing Moses and Aaron from the Exodus Story in the Bible), and “3V’s” that represent the words “Veni, Vidi, Veci” (I came, I saw, I conquered). Finally, an “ouroboros” (snake 20 “United States Colored Troops: 17th Regiment, United States Colored Infantry,” Battle Unit Details, National Park Service, accessed November 17, 2020, https://www.nps.gov/civilwar/search-battle-units-detail.htm?battleUnitCode=UUS0017RI00C 21 Cashin, Herschel V. Under Fire with the Tenth U.S. Cavalry. New York: Arno Press, 1969. 22 LTC Roger D. Cunningham, USA Ret. “The Black ‘Immune’ Regiments in the Spanish American War” The Army Historical Foundation. Accessed November 30, 2020. https://armyhistory.org/the-black-immune-regiments-in-the-spanish-american-war/ 13 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form DRAFT NPS Form 10-900 OMB No. 1024-0018 Benevolent Cemetery Rutherford, Tennessee Name of Property County and State eating its tail) surrounds the insignia and represents the cycle of life.23 Members of the MTA paid annual dues and were promised a marble grave marker upon their death. While the larger and more ornate tombstones stand as memorials to significant individuals in the development of Rutherford County’s African American communities, they do not tell the complete history of the more than 1,500 persons interred at Benevolent Cemetery as a whole. However, the ongoing research by Leah Cothern continues to yield historical information on the black residents buried at Benevolent Cemetery, especially those without markers. Her statistical analysis of occupations, for example, shows that the vast majority of adults worked in the various labor industries available to African Americans during the early and mid-1900s including day laborers, cooks, farmers, painters, janitors, domestic servants, in addition to professions such as ministers, nurses, and teachers. Those interred at Benevolent Cemetery also represent the membership of local Black Churches, as well as social and fraternal organizations, since the majority of Black burials in Murfreesboro were confined to this cemetery. When completed, Cothern’s research will yield a more complete story of the African Americans buried at Benevolent Cemetery who are not memorialized with markers. Benevolent Cemetery serves as a significant historical reference to the determination and agency of Murfreesboro’s Black leaders and citizens who carved their own space within the confines of racial segregation. The diversity of interments at the cemetery represents all social classes of African Americans who worked, lived, and died in Murfreesboro and the surrounding area. Inclusion in the National Register of Historic Places will heighten awareness of the contributions African Americans have made to the historic development and landscape of Murfreesboro and Rutherford County, Tennessee. 23 “Research the Mosaic Templars of America Members,” Mosaic Templars Cultural Center: A Museum of African American History (Department of Arkansas Heritage), accessed December 1, 2020, http://www.mosaictemplarscenter.com/Research/research-mta-members. 14 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State 9. Major Bibliographic References Bibliography “Black History Month: Local Cemetery Holds Spanish-American War Veterans.” The Murfreesboro Press. February 19, 1981. Cashin, Herschel V. Under Fire with the Tenth U.S. Cavalry. New York: Arno Press, 1969. “Cemetery Fading into Time.” Tennessean. Nashville. February 8, 1998. “Census of Housing and Population.” United States Census Bureau. Accessed June 15, 2021. https://www.census.gov/prod/www/decennial.html. Cunningham, Roger D., LTC USA Ret. “The Black ‘Immune’ Regiments in the Spanish American War.” The Army Historical Foundation. Accessed November 30, 2020. https://armyhistory.org/the-black- immune-regiments-in-the-spanish-american-war/. Deed, Rutherford County, Deed Book 23, pages 477-478 [John Patterson & Others to Alfred Miller]. May 14, 1878. Deed, Rutherford County, Deed Book 38, page 338 [Alfred Miller and wife to Alexander Simmons, William Jordan and others, Trustee of Benevolent Lodge No. 11]. September 10, 1897. Deed, Rutherford County, Deed Book 59, page 557 [Partee & Avent to Benevolent Society No. 11]. November 7, 1917. Deed, Rutherford County, Deed Book 76, pages 618-619 [James Thomas et als Trs. to Preston Scales & wife]. December 14, 1931. Deed, Rutherford County, Deed Book 412, pages 583-584 [warranty deed]. September 22, 1988. Dunbar, P. L. “Hidden in Plain Sight: African American Secret Societies and Black Freemasonry.” Journal of African American Studies 16 (2012): 622-637. “Ex-slave America Eules.” Daily News Journal. Murfreesboro, Tennessee. August 31, 1937. Foner, Eric. Reconstruction: America’s Unfinished Revolution 1863-1877. Updated ed. New York: HarperCollins Publishers, 2002. Gardner, Leigh Ann. “Benevolent Lodge #79 Cemetery, Madison, Davidson County, Tennessee.” Tennessee’s African American Lodges. June 21, 2013. Accessed July 1, 2021. http://tn- africanamericanlodges.blogspot.com/2013/benevolent-lodge-79-cemetery-madison.html. Grave Matters: The Preservation of African American Cemeteries. Columbia, South Carolina: Chicora Foundation, Inc. 1996. 15 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State Hughes, Melvin E., Sr. A History of Rutherford County’s African American Community. Murfreesboro, Tennessee: Allen Chapel A.M.E. Church, 1996. Morgan, Nancy Adgent, Anne-Leslie Owens, and Carroll Van West. “Mt. Olive Cemetery.” National Register of Historic Places Nomination Form. Washington, D.C.: U.S. Department of the Interior, National Park Service, 2002. “Old graveyard undergoes restoration.” Daily News Journal. Murfreesboro, Tennessee. May 27, 1994. “Preserving African American Historic Places: Suggestions and Sources.” Center for Historic Preservation, Middle Tennessee State University, February 2016, https://www.mtsuhistpres.orgwp- content/uploads/2016/02/Preserving-African-American-Historic-Places.pdf. Ransom, Robert G. The History of Medicine in Rutherford County, Tennessee. Murfreesboro, Tennessee: Rutherford County Historical Society and Rutherford County/Stones River Medical Academy, 2003. “Research the Mosaic Templars of America Members,” Mosaic Templars Cultural Center: A Museum of African American History (Department of Arkansas Heritage). Accessed December 1, 2020. http://www.mosaictemplarscenter.com/Research/research-mta-members. Sanborn Map Company, “Sanborn Fire Insurance Map from Murfreesboro, Rutherford County, Tennessee,” February 1924, Sheet 12. Loc.gov/resource/g3964mm_g083551924/?sp=12&r=0.31.0.094.1.651.0.988.0. Accessed June 30, 2021. Sims, Carlton C., ed. A History of Rutherford County. Murfreesboro, Tennessee: privately printed, 1947. Taliento, Michael, Phyllis M. Smith, and Arthur Nick Nicholson; Section 8 contributions by Rebecca Schmitt. “Mt. Olive Cemetery.” National Register of Historic Places Nomination Form. Washington, D.C.: U.S. Department of the Interior, National Park Service, 2020. Taylor, Alrutheus Ambush Taylor. The Negro in Tennessee, 1865-1889. Washington, D. C.: The Associated Publishers, Inc., 1941. “United States Colored Troops: 17th Regiment, United States Colored Infantry.” Battle Unit Details, National Park Service. Accessed November 17, 2020. https://www.nps.gov/civilwar/search-battle- units-detail.htm?battleUnitCode=UUS0017RI00C. West, Carrol Van, and Janice Allen. “Rest Hill Cemetery.” National Register of Historic Places Nomination Form. Washington, D.C.: U.S. Department of the Interior, National Park Service, 1993. “Young Negro tells strange story to local officials.” Daily News Journal. Murfreesboro, Tennessee. November 20, 1933. 16  United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State Previous documentation on file (NPS): Primary location of additional data: preliminary determination of individual listing (36 X State Historic Preservation Office CFR 67 has been requested) previously listed in the National Register Other State agency previously determined eligible by the National Federal agency Register designated a National Historic Landmark Local government recorded by Historic American Buildings Survey # University recorded by Historic American Engineering Record # Other recorded by Historic American Landscape Survey # Name of repository: Historic Resources Survey Number (if assigned): ; 17 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State 10. Geographical Data Acreage of Property 8 USGS Quadrangle Murfreesboro 315-SW Latitude/Longitude Coordinates Datum if other than WGS84: N/A 1. NW corner: Latitude: 35.832104 Longitude: -86.397413 2. NE corner: Latitude: 35.831841 Longitude: -86.394158 3. SE corner: Latitude: 35.830934 Longitude: -86.394020 4. SW corner: Latitude: 35.831222 Longitude: -86.397537 Verbal Boundary Description The National Register boundaries of Benevolent Cemetery encompass approximately 8 acres. The north and south boundary lines are delineated by the historic fence lines. The western boundary is delineated by the tree line running parallel to Park Avenue. The eastern boundary is delineated by the legal property line of Rutherford County Parcel 102 02300. These boundaries are depicted on the enclosed aerial boundary map. Boundary Justification The boundary of the nominated property encompasses all of the known resources associated with the property’s during the period of significance. 18 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State USGS Topographic Map N 19 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State Boundary Map 20 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 DRAFT Benevolent Cemetery Rutherford, Tennessee Name of Property County and State 11. Form Prepared By John Lodl (doctoral student at MTSU and Rutherford County archivist), submission Name assistance from Savannah Grandey Knies Organization Center for Historic Preservation at Middle Tennessee State University Street & Number 1301 E. Main Street, Box 80 Date September 2021 City or Town Murfreesboro Telephone 615-898-2947 E-mail Savannah.grandey@mtsu.edu State TN Zip Code 37132 Additional Documentation Submit the following items with the completed form: • Maps: A USGS map or equivalent (7.5 or 15 minute series) indicating the property's location. • Sketch map for historic districts and properties having large acreage or numerous resources. Key all photographs to map. • Photographs (refer to Tennessee Historical Commission National Register Photo Policy for submittal of digital images and prints) • Additional items: (additional supporting documentation including historic photographs, historic maps, etc. should be included on a Continuation Sheet following the photographic log and sketch maps) Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C.460 et seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 100 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Office of Planning and Performance Management. U.S. Dept. of the Interior, 1849 C. Street, NW, Washington, DC. 21 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior Put Here DRAFT Benevolent Cemetery National Park Service Name of Property Rutherford County, Tennessee County and State National Register of Historic Places N/A Continuation Sheet Name of multiple listing (if applicable) Section number Photos and Plans Page 22 Photo Log Name of Property: Benevolent Cemetery City or Vicinity: Murfreesboro County: Rutherford State: TN Photographer: Carroll Van West, John Lodl, Savannah Grandey Knies Date Photographed: October 2020, July 2021, September 14, 2021 Description of Photograph(s) and number, include description of view indicating direction of camera: 1 of 17. Overview of cemetery/view from main entrance. Photographer facing west. 2 of 17. Overview of west half of cemetery. Photographer facing west. 3 of 17. Overview from southeast corner of cemetery. Photographer facing northeast. 4 of 17. Obelisk dedicated in honor of Benevolent Society No.11. Photographer facing west. 5 of 17. Block border marking grave. Photographer facing northwest. 6 of 17. Vinca vine surrounding grave markers. Photographer facing northeast. 7 of 17. Grave marker of Nathan Turner and Linda Smith. Photographer facing northeast. 8 of 17. Free Masons insignia on grave marker of Louis McDowell. Photographer facing northeast. 9 of 17. Grave marker of Samuel and Minnie Shane. Photographer facing west. 10 of 17. Grave marker of Spanish American War veteran Adam Delbridge. Photographer facing east. 11 of 17. Independent Order of Fellows insignia on grave marker of Dock North. Photographer facing north. 12 of 17. Yucca plants. Photographer facing north. 13 of 17. Grave marker of Jemima Rayburn. Photographer facing north. 14 of 17. Grave marker of Fannie Tilford. Photographer facing south. 15 of 17. Daisies used as ornamental planting. Photographer facing west. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior Put Here DRAFT Benevolent Cemetery National Park Service Name of Property Rutherford County, Tennessee County and State National Register of Historic Places N/A Continuation Sheet Name of multiple listing (if applicable) Section number Photos and Plans Page 23 16 of 17. Metal funeral home marker embedded into concrete gravestone. Photographer facing east. 17 of 17. Grave depressions. Photographer facing northeast. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior Put Here DRAFT Benevolent Cemetery National Park Service Name of Property Rutherford County, Tennessee County and State National Register of Historic Places N/A Continuation Sheet Name of multiple listing (if applicable) Section number Photos and Plans Page 24 *not to scale  DRAFT Property Owner: (This information will not be submitted to the National Park Service, but will remain on file at the Tennessee Historical Commission) Name Allen’s Chapel AME Church, c/o Rev. Jimmie Plummer or Trustee William R. Young, Jr. Street & Number 224 S. Maney Street Telephone 615-893-7842 City or Town Murfreesboro State/Zip TN 37130 Property Owner Information BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 1 OF 17 2 OF 17 1 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 3 OF 17 2 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 4 OF 17 3 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 5 OF 17 4 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 6 OF 17 5 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 7 OF 17 6 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 8 OF 17 7 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 9 OF 17 8 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 10 OF 17 9 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 11 OF 17 10 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 12 OF 17 11 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 13 OF 17 12 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 14 OF 17 13 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 15 OF 17 14 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 16 OF 17 15 BENEVOLENT CEMETERY MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE DRAFT 17 OF 17 16  MINUTES OF THE CITY OF MURFREESBORO HISTORIC ZONING COMMISSION Special Meeting City Hall, 111 W. Vine Street, Council Chambers OCTOBER 11, 3:30 PM Members Present: Staff Present: David Becker, Vice-Chair Amelia Kerr, Planner Marimae White Matthew Blomeley, Assistant Planning Director Jeff Davis Greg McKnight, Planning Director Bill Jakes Roman Hankins, Assistant City Attorney Linda Anderson Serena Harris, Recording Assistant Absent: Gib Backlund Chase Salas Deborah Belcher Chairman Jim Thompson 1. Motion to Recess Vice-Chair David Becker noted the absence of a quorum. There being no quorum, Bill Jakes moved to recess for 30 minutes to achieve quorum; The motion was seconded by Jeff Davis, and upon roll call the motion was approved by the following vote: Aye: Jeff Davis Bill Jakes Linda Anderson Vice-Chair David Becker Nay: None 2. Call to order: Vice Chair Becker called the meeting to order at 4:14 pm. Determination of a quorum: Chairman Thompson determined that a quorum was present. 3. Consideration of Minutes: MURFREESBORO HISTORIC ZONING COMMISSION MINUTES October 11, 2021 Page 2 With there being no objection by any of the Board members, the minutes of the March 16, 2021 and May 18, 2021 Historical Zoning Commission meetings were approved as submitted. 4. New Business: a. Zoning application [2021-H-007] for 520 East Main Street, requesting review to replace existing 3-tab asphalt shingle roof with a designer asphalt shingle roof for an existing single-family residence. (Project Planner: Amelia Kerr): Ms. Amelia Kerr presented the Staff Comments regarding this Item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. Vice-Chair Becker requested representatives to come forward to answer questions from the commission. David Criswell, homeowner of 520 East Main Street, came forward to address questions from the Commission. Linda Anderson inquired about zoning and interior and exterior inspections. Amelia Kerr provided further clarification about zoning and interior and exterior inspection by City staff, being a condition of approval that the applicant must consent to ensure the home follows zoning and Building and Codes regulations. Jeff Davis inquired what triggers the inspection. Mr. Criswell provided background on the home. Vice-Chair Becker offered further information regarding inspections. Marimae White inquired if single-family zoning permit vacation rental by owner, VRBO. Ms. Kerr stated that the City of Murfreesboro does not currently regulate VRBO’s, though that could change in the future as they become more popular. Currently the only restriction is that they are to register with the tax department as an Air BnB and they pay the hotel tax to the city on the property. The property for this application is within an RS-8 zone, which does not allow a duplex property, per the Zoning Ordinance. Mr. Criswell offered additional information that this home may be allowed to be grandfathered in to be a duplex. MURFREESBORO HISTORIC ZONING COMMISSION MINUTES October 11, 2021 Page 3 Vice-Chair Becker added that he has no issue with the upgraded asphalt shingle request; offering the comparison that his similar previous request when residing at 300 East Main Street, was approved by the zoning committee at that time. Mr. Matthew Blomeley came forward to offer further clarification regarding the recommended conditions of approval and inspections. As some of the details of modifications and history of the home were just recently brought to the Planning Department, without adequate time to properly vet; wanting the roof repair request to proceed while still having the ability to inspect and review the structure for zoning compliance and make it a condition of approval to confirm its use. If properly conditioned, the condition of approval will allow that inspection after-the-fact. Attorney Roman Hankins added that due to the sensitivity that the roof has an active leak, the commission will not require the inspection to be pre-repair, just that a provision be made for the inspection be done. Normal inspection process will be made during the normal permitting and replacement of the roof by Building and Codes department to ensure that the roof is up to code standards. Mr. Hankins stated that the condition will help facilitate both the code and zoning inspections, to ensure compliance with (1) zoning and uses (2) Building and Codes safety standards. Vice-Chair Becker offered concerns regarding conditions of approval. Mr. Blomeley stated the Planning Department is reacting to a possible zoning violation regarding the use of the structure, and the Historic Zoning Committee’s ability to place conditions upon of approval items presented. Mr. Blomeley requested that the approval of Mr. Criswell’s request be conditioned on staff performing a zoning and codes compliance inspection, which can be post- permit. There being no further discussion, Jeff Davis moved to approve the application, subject to all staff recommendations; The motion was seconded by Marimae White, and upon roll call the motion was approved by the following vote: Aye: Jeff Davis Bill Jakes Linda Anderson Marimae White Vice-Chair David Becker Nay: None 5. Staff Reports and Other Business: MURFREESBORO HISTORIC ZONING COMMISSION MINUTES October 11, 2021 Page 4 a. There will be no regular meeting on October 19, 2021 as the applicant, [2021-H- 008] for 446 East Main Street has requested additional time. b. Amelia Kerr reviewed the proposed 2022 Historic Zoning Commission calendar. There being no further discussion, Bill Jakes moved to approve the 2022 Historic Zoning Commission calendar. The motion was seconded by Linda Anderson and carried by the following vote: Aye: Jeff Davis Bill Jakes Linda Anderson Marimae White Vice-Chair David Becker Nay: None 6. Adjourn. Bill Jakes moved to adjourn the meeting; the motion was seconded by Jeff Davis; there being no further discussion upon roll call, the meeting was adjourned by the following vote: Aye: Jeff Davis Bill Jakes Linda Anderson Marimae White Vice-Chair David Becker Nay: None CHAIRMAN SECRETARY