BAKERS ISLAND LIGHT STATION OIL HOUSE - PRESERVATION RESTRICTION Sc, IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII .
SO.ESSEX#46 Bk:42601 Pa:353
03/09/2025 10:30 AM RSTR Pg 1130
PRESERVATION RESTRICTION AGREEMENT
between
ESSEX NATIONAL HERITAGE COMMISSION,INC.,
OWNER OF BAKERS ISLAND LIGHT STATION,BAKERS ISLAND,SALEM,MA
DB/A ESSEX HERITAGE
and the
CITY OF SALEM,MASSACHUSETTS
BY AND THROUGH THE SALEM HISTORICAL COMMISSION
THIS PRESERVATION RESTRICTION AGREEMENT is made this r day of HERITAGE,�2024 by
and between ESSEX NATIONAL HERITAGE COMMISSION,INC.DB/A ESSEX
located at 10 Federal Street, Suite 12, Salem,Massachusetts("Grantor")and the CITY OF SALEM
("Grantee's,a municipality duly organized under the laws of the Commonwealth of Massachusetts and
located in Essex County,Massachusetts,to be administered,managed and enforced by it agent,the
SALEM HISTORICAL COMMISSION, located at 98 Washington Street, Salem,Massachusetts,01970
("Commission"),
WHEREAS,the Grantor is the owner of certain real property known as the Bakers Island Light Station
located on the northwest side of Bakers Island, Salem,MA and(hereinafter referred to as "the
Property")and the Property contains several structures of which one is known as the Oil House
(hereinafter referred to as"the Building").The Property is more particularly described in a Deed from the
United States of America,acting by and through the Administrator of General Services,to Essex National
Heritage Commission, Inc.,dated July 8,2014 and recorded with the Essex South District Registry of
Deeds in Book 33410,Page 213, and in Exhibit A,attached hereto and incorporated herein by reference.
The Property is further depicted and described,and the Building is labeled as"Existing Shed(Oil
House)"on a plan entitled"Plan of Engine House Parcel,U. S. Coast Guard,Bakers Island,Essex
County, Salem,Massachusetts,dated June 24,2013,prepared by Dana F.Perkins,Inc.,recorded with the
aforesaid Deed,a copy of said plan being attached hereto and incorporated herein as Exhibit B.
WHEREAS,the Building is described as follows,and also depicted in a set of four(4)photographic
images taken in October 6,2021 with copies of said images attached hereto and incorporated herein by
reference as Exhibit C:
The Oil House was built c.1893 to store the"new"lighthouse fuel kerosene which was much more
volatile than whale oil or lard which had been used during most of the 191 century. The Oil House is
constructed of non-flammable,native stone collected from the beach on the northwest side of the island.
There is a replacement,tongue-in-groove wooden door on the north side of the building and a small vent
near the apex of the south and north walls.The roof is slate.The only other architectural details on this
utilitarian building are a raking cornice that terminates into gable returns and wide frieze boards with
decorative moldings on the front fagade and a simpler molding on the rear.All trim is painted dark green.
There is no information about who designed or built the structure,but oil houses of this type were
typically required to be built by the Light House Board between 1870-1910 because of the need for
fireproof structures to house the kerosene.This building is unusual in that its walls are constructed of
local stone instead of bricks which were more commonly used.
WHEREAS, due to its historical and architectural significance,the Building and Property were listed in
the National Register of Historic Places on November 21,1976,were included in the Lighthouses of
Massachusetts Thematic Resource Area listed in the National Register of Historic Places on June 15,
1987,and as a result of the foregoing are included in the State Register of Historic Places; and
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WHEREAS, Grantor and Grantee recognize the architectural,historic,and cultural values (hereinafter
"preservation values")and significance of the Building and have the common purpose of preserving the
aforesaid preservation values and significance of the exterior of the Building; and
WHEREAS,the preservation values of the Building are documented in a series of photographs and
documents(hereinafter,"Baseline Documentation")attached hereto and incorporated herein by reference
as Exhibits A,B, C and D,which Baseline Documentation the parties agree provides an accurate
representation of the Building as of the date of this Preservation Restriction Agreement; and
WHEREAS,the Baseline Documentation(Exhibits A,B, C and D) shall consist of the following:
Exhibit A. Legal Property Description;
Exhibit B.Plan of Survey dated June 24, 2013;
Exhibit C.Four(4)Baseline Photographs Dated October 6,2021; and,
Exhibit D.Massachusetts Historical Commission Inventory Form B.Prepared by Patricia
Kelleher, dated May,2022.
WHEREAS,the Building is in need of preservation and restoration; and
WHEREAS,upon the recommendation of the Community Preservation Committee and approved as
Project by the City Council,the sum of Seven Thousand Dollars($7,000) from the Community
Preservation Fund("Funds")was appropriated for the purpose of funding a grant for the restoration of the
slate roof of the Building; and
WHEREAS, the Grantor and the Grantee have reached an Agreement whereby the Grantee shall provide
the Funds so appropriated to the Grantor to be expended for the preservation and renovation of the
aforementioned Building,under the terms and conditions set forth herein and in such other documents as
the parties may execute, and the Grantor agrees to accept such Funds to be used exclusively for such
purposes and under such terms and conditions ("Restriction" or"Preservation Restriction");
WHEREAS,the Grantor in further consideration of the receipt of such Funds and to ensure the
preservation of the aforementioned Building agrees and desires, to impose certain restrictions, obligations
and duties upon itself,its successors and assigns, so as to maintain,protect and preserve the architectural
and historical integrity of the Building;
WHEREAS,the preservation of the Building is important to the public for the enjoyment and
appreciation of its architectural and historical heritage and serves the public interest in a manner
consistent with the purposes of Massachusetts General Laws, Chapter 184, Sections 31, 32 and 33
("Act"); and
WHEREAS,the Commission is authorized to accept preservation restrictions in the name of the City of
Salem, and the Commission is a governmental body duly organized under the laws of the Commonwealth
of Massachusetts, including the General Laws, Chapter 40C,authorized and directed by the Grantee to
manage the Building burdened by such restrictions, consistent with the provisions of the Act and to
administer and enforce this preservation restriction;
NOW THEREFORE, for good and valuable consideration,the receipt of which is hereby acknowledged,
the Grantor does hereby irrevocably grant and convey to the Grantee in gross in perpetuity this Restriction
over the exterior of the Building to be administered,managed and enforced by the Commission.
1.Purpose: It is the Purpose of this Restriction to assure that the architectural,historic,and cultural
features of the exterior of the Building will be retained and maintained forever substantially in its current
condition or in a restored condition approved by the Commission for preservation purposes and to prevent
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any use or change to the exterior of the Building that will significantly impair or interfere with the
Building's preservation values or alter views of the exterior of the Building or the Building's setting.
2. Preservation Restriction: The Grantor grants the Grantee the right to forbid or limit:
a. any alteration to the appearance,materials,workmanship, condition or structural stability of the
exterior of the Building unless(i)clearly of a minor nature and not affecting the characteristics
which contribute to the architectural or historical integrity of the Building,or(ii)the Grantee has
previously determined that it will not impair such characteristics after reviewing plans and
specifications submitted by Grantor in accordance with the requirements of paragraph 7, which
determination shall not be unreasonably withheld,or(iii)required by casualty or other emergency
promptly reported to Grantee in accordance with the requirements of paragraph 9.For the
purposes of this Agreement, interpretation of what constitutes alterations of a minor nature and
ordinary maintenance and repair is governed by the Restriction Guidelines,which are attached
hereto as Exhibit E and hereby incorporated by reference.
b. any other act or use that may be harmful to the historic preservation of the exterior of the
Building.
3. Restriction as to Expenditure of Funds: Subject to Paragraph 2 and the terms and conditions of this
Restriction and such other terms and conditions as the Commission may reasonably impose to accomplish
the purposes of this Restriction,the Grantor shall expend such Community Preservation Funds to
rehabilitate and restore the Building.
4.1. Grantor's Covenants: Covenant to Maintain. Subject to Paragraph 2 and the terms and conditions of
this Restriction and such other terms and conditions as the Commission may reasonably impose to
accomplish the purposes of this Restriction,the Grantor covenants and agrees at all times to maintain the
Building in the same structural condition and state of repair to that existing following the substantial
completion of restoration work to be completed as a result of the expenditure of Community Preservation
Funds. Grantor's obligation to maintain shall require replacement,repair,and reconstruction by Grantor
whenever necessary to preserve the exterior of the Building. Subject to the casualty provisions of
paragraphs 9 and 10,this obligation to maintain shall require replacement,rebuilding,repair,and
reconstruction of the Building whenever necessary in accordance with the policies and procedures of the
Commission and in accordance with The Secretary of the Interior's Standards for the Treatment of
Historic Properties with Guidelines for Preserving,Rehabilitating, Restoring, and Reconstructing Historic
Buildings(36 CFR 67 and 68), as these may be amended from time to time(hereinafter the"Secretary's
Standards").
4.2. Grantor's Covenants: Prohibited Activities. The following acts or uses are expressly forbidden except
as otherwise conditioned in this paragraph:
a. the Building shall not be demolished,removed,or razed except as provided in Paragraphs 9
and 10;
b. the dumping of ashes,trash,rubbish, or any other unsightly or offensive materials is
prohibited on the Property near the Building;
C. no above-ground utility transmission lines may be attached to the Building, subject to utility
easements already recorded;
d. the attachment of additions and/or outbuildings to the Building are prohibited; and
e. moving the Building to another location shall be forbidden without prior approval of the
Commission.
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5. Conditional Rights Requiring Grantee Approval: Subject to Paragraph 4 and the terms and conditions
of this Restriction and such other terms and conditions as the Commission may reasonably impose to
accomplish the purposes of this Restriction,the Grantor shall not alter the exterior of the Building without
prior express written approval of the Commission.Without said approval Grantor shall not make any
changes to the exterior of the Building, including the alteration,partial removal,construction,remodeling,
or other physical or structural change,including permanent signs, and any change in material or color or
any change to the footprint, size,mass,ridge-line, and rooflines of the Building. Grantor shall similarly
not make any alterations that would obscure the current view or the setting of the Building, such as the
construction of new buildings or the installation of permanent signage without approval of the
Commission.
Activities by Grantor to maintain the Building which are intended to be performed in accordance with the
provisions of paragraph 4.1, and which are of a minor nature, shall not require the prior approval of the
Commission. For the purposes of this section, interpretation of what constitutes ordinary maintenance of a
minor nature is governed by the Restriction Guidelines(Exhibit D),which are attached to this Agreement
and hereby incorporated by reference.
6. Grantor's Reserved Rights Not Requiring Further Approval by the Grantee: Subject to the provisions of
paragraphs 2 and 4.2,the following rights,uses, and activities of or by Grantor on,over, or under the
Building on the Property are permitted by this Restriction and by the Commission without further
approval by the Commission:
a. the right to engage in all those acts and uses that:
(i) are permitted by governmental statute or regulation;
(ii) do not substantially impair the preservation values of the Building ; and
(iii) are not inconsistent with the Purpose of this Restriction;
b. pursuant to the provisions of Paragraph 4.1,the right to maintain and repair the Building
strictly according to the Secretary's Standards.As used in this sub-paragraph,the right to
maintain and repair shall mean the use by the Grantor of in-kind materials and colors, applied
with workmanship comparable to that which was used in the construction or application of
those materials being repaired or maintained, for the purpose of retaining in good condition
the appearance and construction of the exterior of the Building. The right to maintain and
repair as used in this sub-paragraph shall not include the right to make changes in appearance,
materials,workmanship from that existing prior to the maintenance and repair without the
prior approval of the Commission in accordance with the provisions of Paragraph 5;
7.Review of Grantor's Requests for Approval: Grantor shall submit to the Commission for the
Commission's approval of those conditional rights set out at Paragraphs 2 and 5 and two copies of
information(including plans, specifications, and designs where appropriate)identifying the proposed
activity with reasonable specificity.In connection therewith, Grantor shall also submit to the Commission
a timetable for the proposed activity sufficient to permit the Commission to monitor such activity. Within
sixty(60) days of the Commission's receipt of any plan or written request for approval hereunder,the
Commission shall certify in writing that(a)it approves the plan or request,or(b)it disapproves the plan
or request as submitted, in which case the Commission shall provide Grantor with written suggestions for
modification or a written explanation for the Commission's disapproval. Any failure by the Commission
to act within sixty(60)days of receipt of Grantor's submission or resubmission of plans or requests shall
be deemed to constitute approval by the Commission of the plan or request as submitted and to permit
Grantor to undertake the proposed activity in accordance with the plan or request submitted, so long as
the request sets forth the provisions of this section relating to deemed approval after the passage of time
provided that nothing herein shall be construed to permit Grantor from undertaking any of the activities
prohibited hereunder.
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8. Standards for Review: In exercising any authority created by this Restriction to inspect the Building; to
review any construction,alteration, repair, or maintenance; or to review casualty damage or to reconstruct
or approve reconstruction of the Building following casualty damage,the Commission shall apply the
Secretary's Standards.
9. Casualt% Dama_e or Destruction: In the event that Building shall be damaged or destroyed by fire,
flood,windstorm,hurricane, earth movement or other casualty, Grantor shall notify the Commission in
writing within fourteen(14)days of the damage or destruction, such notification including what, if any,
emergency work has already been completed, except that in the event that safe access to the island is not
possible due to inclement weather or in the event that the time of year makes it unsafe to access the
island, Grantor shall so notify the Commission within fourteen(14)days of the Grantor's inspection of
the damage.No repairs or reconstruction of any type, other than temporary emergency work to prevent
further damage to the Building and to protect public safety, shall be undertaken by Grantor without the
Commission's prior written approval of the work. Within sixty(60)days of the date of damage or
destruction, if required by the Commission, Grantor at its expense shall submit to the Commission a
written report prepared by a qualified restoration architect and/or an engineer,which report shall include
the following:
a. an assessment of the nature and extent of the damage;
b. a determination of the feasibility of the restoration of the Building and/or reconstruction
of damaged or destroyed portions of the Building; and
C. a report of such restoration/reconstruction work necessary to return the Building to the
condition existing at the date hereof or the condition subsequently approved by the
Commission.
10.Review After Casualty Damage or Destruction: If,after reviewing the report provided in Paragraph 9
and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims
under paragraph 11, Grantor and the Commission agree that the Purpose of the Restriction will be served
by such restoration/reconstruction, Grantor and the Commission shall establish a schedule under which
Grantor shall complete the restoration/reconstruction of the Building in accordance with plans and
specifications consented to by the parties up to at least the total of the casualty insurance proceeds
available to Grantor.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any
mortgagee's/lender's claims under paragraph 11,Grantor and the Commission agree that
restoration/reconstruction of the Building is impractical or impossible, or agree that the Purpose of the
Restriction would not be served by such restoration/reconstruction and Grantor may,with prior written
consent of the Commission,alter,demolish,remove or raze the Building, and/or construct new
improvements on the Property, Grantor and Grantee may agree to seek to extinguish this Restriction in
accordance with the laws of the Commonwealth of Massachusetts and paragraph 23 hereof.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any
mortgagee's/lender's claims under paragraph 11,Grantor and the Commission are unable to agree that the
Purpose of the Restriction will or will not be served by such restoration/reconstruction,the matter may be
referred by either party to binding arbitration and settled in accordance with the Commonwealth of
Massachusetts arbitration statute then in effect,and all other applicable laws,rules,regulations, and
ordinances. Arbiter shall have experience in historic preservation matters.
11. Insurance: The Grantor shall maintain comprehensive general liability insurance on the Building
against claims for personal injury, death and property damage. If the Grantor keeps the Building insured
against loss from the perils commonly insured under standard fire and extended coverage policies,and,
whenever the Building is encumbered with a mortgage or deed of trust,nothing contained in these
paragraphs shall jeopardize the prior claim, if any, of the mortgagee/lender to the insurance proceeds.
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12.Indemnification: Grantor hereby agrees to pay,protect, indemnify, hold harmless and defend,at its
own cost and expense, Grantee, its boards, commissions, appointees, agents,directors, employees, or
independent contractors from and against any and all claims,liabilities, expenses,costs, damages, losses
and expenditures(including attorneys'fees and disbursements hereafter incurred)arising out of or in
connection with injury to or death of any person as a result of the existence of this Restriction; physical
damage to the Building;the presence or release in, on,or about the Building,at any time,of any
substance now or hereafter defined,listed, or otherwise classified pursuant to any law, ordinance or
regulation as a hazardous,toxic,polluting or contaminating substance; or other injury or other damage
occurring on or about the Building;unless such injury,death, or damage is caused by Grantee or its
boards, commissions, appointees, agents, directors, employees, or independent contractors. In the event
that Grantor is required to indemnify Grantee pursuant to the terms of this paragraph,the amount of such
indemnity,until discharged, shall constitute a lien on the Building with the same effect and priority as a
mechanic's lien.
13.Written Notice: Any notice which either Grantor or Grantee may desire or be required to give to the
other party shall be in writing;
Grantor: Essex National Heritage Commission,Inc.
d/b/a/ Essex Heritage
10 Federal Street, Suite 12
Salem,MA 01970
Grantee: Salem Historical Commission
c/o City of Salem
Department of Planning&Community Development
98 Washington Street
Salem,MA 01970
Each party may change its address set forth herein by a notice to such effect to the other party.
14. Evidence of Compliance: Upon request by Grantor, Grantee shall promptly furnish Grantor with
certification that,to the best of Grantee's knowledge,Grantor is in compliance with the obligations of
Grantor contained herein, or that otherwise evidence the status of this Restriction to the extent of
Grantee's knowledge thereof.
15. Inspection: With the consent of Grantor, Grantee or its representatives shall be permitted at reasonable
times to inspect the Building on an annual basis. Grantor covenants not to withhold unreasonably its
consent in determining dates and times for such inspections.
16. Grantee's Remedies: The Grantor, for itself,its assigns and successors,expressly acknowledges that a
violation of this Preservation Restriction Agreement, including a failure to expend such Funds for their
intended purposes,may result in the Commission exercising its right to enforce the terms and conditions
of the Restriction by seeking appropriate legal and equitable relief, including,but not limited to,
restoration of the Building,repayment of the Funds, and such other legal and equitable remedies as may
be available to the Commission to effectuate the purposes of this Restriction and to enforce the Grantor's
obligations hereunder.
In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for
any costs or expenses incurred in connection with Grantee's enforcement of the terms of this Restriction,
including all court costs,and attorneys', architectural, engineering,and expert-witness fees. Grantor shall,
at its own expense and with approval of Commission,reverse any actions or activities which violated this
restriction and altered the Building.
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Nothing in this Restriction shall impose upon the Commission any duty to maintain or require that the
Building be maintained in any particular state or condition,notwithstanding the Commission's acceptance
hereof. Enforcement of the terms of this Preservation Restriction shall be at the discretion of the
Commission.Any election by the Commission as to the manner and timing of the exercising of its right to
enforce this Preservation Restriction or otherwise exercise its rights hereunder shall not be deemed or
construed to be a waiver of such rights.By its acceptance of this Preservation Restriction,the
Commission does not assume any liability or obligation relating to the condition of the Building or the
Property,including compliance with hazardous materials or other environmental laws and regulations.
17.Notice from Government Authorities: Grantor shall deliver to Grantee copies of any notice of
violation or lien relating to the Building received by Grantor from any government authority within five
(5)days of receipt by Grantor.Upon request by Grantee, Grantor shall promptly furnish Grantee with
evidence of Grantor's compliance with such notice or lien where compliance is required by law.
18.Notice of Proposed Sale: Grantor shall promptly notify Grantee in writing of any proposed sale of the
Property and provide the opportunity for Grantee to explain the terms of the Restriction to potential new
owners prior to sale closing.
19.Runs with the Land: Except as provided in Paragraphs 9 and 10,the restrictions,obligations and
duties set forth in this Restriction shall run with the Property and shall inure to the benefit of the
Commission and all parties claiming by,through or under the Commission and shall bind the Grantor and
all parties claiming by,through or under the Grantor. The rights hereby granted to the Commission
constitute the perpetual right of the Commission to enforce this Preservation Restriction Agreement. The
Grantor hereby covenants for itself to stand seized and hold title to the Property subject to the terms of
this Restriction.This Restriction shall extend to and be binding upon Grantor and Grantee,their
respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee,
and the words "Grantor", "Grantee"when used herein shall include all such persons. Any right,title,or
interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee
and each such following successor and assign thereof, and the word"Grantee" shall include all such
successors and assigns.
Anything contained herein to the contrary notwithstanding,Grantor shall have no obligation pursuant to
this instrument where such Grantor shall cease to have any ownership interest in the Building on the
Property by reason of a bona fide transfer. The restrictions, stipulations and covenants contained in this
Restriction shall be inserted by Grantor,verbatim or by express reference, in any subsequent deed or other
legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the
Building or any part thereof, including by way of example and not limitation,a lease of all or a portion of
the Building.
20. Assignment: Grantee may convey, assign, or transfer this Restriction to a unit of federal, state, or local
government or to a similar local, state, or national charitable corporation or trust that qualifies under the
Act,and whose purposes, inter alia,include the preservation of buildings or sites of historical
significance,provided that any such conveyance,assignment or transfer requires that the Purpose for
which the Restriction was granted will continue to be carried out. Grantor shall give prior written
approval of such conveyance,assignment,or transfer by Grantee, such approval not to be unreasonably
withheld.
21.Alternate Designee: Grantee may,at its discretion,remove and replace the Commission as its
designee to administer,manage, and enforce this Restriction,provided that any new designee is qualified
as such under the Act and other applicable law.
22. Recording and Effective Date: Grantee shall do and perform at its own cost all acts necessary to the
prompt recording of this Restriction which shall become effective upon its being duly executed by the
Grantor,the City of Salem, and the Salem Historical Commission, its being approved by the
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Massachusetts Historical Commission, and its being recorded with the Southern Essex District Registry
of Deeds.
23. Extinguishment: Grantor and Grantee hereby recognize that an unexpected change in the conditions
surrounding the Property or the Building may make impossible the continued Grantorship or use of the
Building for the Purpose of this Restriction and necessitate extinguishment of the Restriction. Such a
change in conditions may include,but is not limited to,partial or total destruction of the Building
resulting from casualty. Such an extinguishment must meet all the requirements of the Act for
extinguishment, including approvals following public hearings by the City of Salem and the
Massachusetts Historical Commission to determine that such extinguishment is in the public interest. In
the event of a sale of the Property, net proceeds of sale shall be paid to Grantor of this Preservation
Restriction Agreement.
24. Condemnation: If all or any part of the Property containing the Building, is taken under the power of
eminent domain by public,corporate, or other authority,or otherwise acquired by such authority through
a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of
such taking to recover the full value of those interests in the Property containing the Building that are
subject to the taking and all incidental and direct damages resulting from the taking. All expenses
reasonably incurred by Grantor and Grantee in connection with such taking shall be paid out of the
recovered proceeds. Such recovered proceeds shall be paid to Grantor.
25. Interpretation: The following provisions shall govern the effectiveness,interpretation,and duration of
the Restriction:
a. Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of
the Building shall not apply in the construction or interpretation of this Restriction and this
instrument shall be interpreted broadly to affect its Purpose and the transfer of rights and the
restrictions on use contained herein.
b. This instrument may be executed in two counterparts, one of which is to be retained by Grantor
and the other, after recording,to be retained by Grantee. In the event of any disparity between the
counterparts produced,the recorded counterpart shall in all cases govern. Except as provided in
the preceding sentence, each counterpart shall constitute the entire Restriction of the parties.
c. This instrument is made pursuant to the Act,but the invalidity of such Act or any part thereof
shall not affect the validity and enforceability of this Restriction according to its terms,it being
the intent of the parties to agree and to bind themselves,their successors and their assigns in
perpetuity to each term of this instrument whether this instrument be enforceable by reason of any
statute, common law or private Restriction either in existence now or at any time subsequent
hereto.
d. Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any
ordinance or regulation relating to building materials, construction methods or use.In the event of
any conflict between any such ordinance or regulation and the terms hereof Grantor promptly
shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable
governmental entity to accommodate the purposes of both this Restriction and such ordinance or
regulation.
If any court or other tribunal determines that any provision of this instrument is invalid or unenforceable,
such provision shall be deemed to have been incorporated herein automatically to conform to the
requirements for validity and enforceability as determined by such court or tribunal. In the event any
provision invalidated is of such a nature that it cannot be modified,the provision shall be deemed deleted
from this Preservation Restriction as though it had never been included herein. In either case,the
remaining provisions of this instrument shall remain in full force and effect.
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26.Amendment: If circumstances arise under which an amendment to or modification of this Restriction
would be appropriate,Grantor and Grantee may by mutual written agreement jointly amend this
Restriction,provided that no amendment shall be made that will adversely affect the qualification of this
Restriction or the status of Grantee under any applicable law. Any such amendment shall be consistent
with the protection of the preservation values of the Building and the Purpose of this Restriction; shall not
affect its perpetual duration; shall not permit any private inurement to any person or entity; and shall not
adversely impact the overall architectural and historic values protected by this Restriction. Any such
amendment shall be effective when the requirements of the Act with respect to amendments have been
met and the amendment is recorded in the Southern Essex District Registry of Deeds.Nothing in this
paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding
any amendment.
27.Release: This Preservation Restriction is intended to be a restriction in gross in perpetuity and may
only be released,in whole or in part,by the Grantee pursuant to the procedures for release established by
the Act and otherwise by law, including approvals following public hearings by the City of Salem and the
Massachusetts Historical Commission to determine that such a release is in the public interest.
28. Archaeological Activities: The conduct of archaeological activities on the Property,including without
limitation survey,excavation, and artifact retrieval,may occur only following the submission of an
archaeological field investigation plan prepared by the Grantor and approved in writing by the State
Archaeologist of the Massachusetts Historical Commission(M.G.L. C. 9, Sec.27C, 950 C.M.R. 70.00).
29.Prior Encumbrances, Subordination: Grantor and Grantee acknowledge that as of the date of this
Agreement,the Property and the Building are subject to the restrictions, easements, covenants,rights and
obligations set forth in the Deed to Essex National Heritage Commission,Inc. dated July 8, 2014 and
recorded with the Essex South District Registry of Deeds Book 33410,Page 213 (hereinafter the"Deed
Restrictions and Covenants") and the provisions of the National Historic Lighthouse Preservation Act(54
U.S.C. 305104). Grantor and Grantee further acknowledge that the United States retains all of its rights
under the Deed Restrictions and Covenants and the National Historic Lighthouse Preservation Act.
Grantor agrees that in addition to complying with the restrictions contained in this Agreement, Grantor
will continue to comply with the Deed Restrictions and Covenants. Grantor and Grantee agree that this
Agreement shall be subservient and subordinate to the Deed Restrictions and Covenants.
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IN WITNESS WHEREOF,the Grantor sets its hand and seal this a,Fday of ^ *rn6Q ,2024.
By:
GRANTOR:
Essex National Heritage Commission,Inc.
Ang I oli
President
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this a3r4day of 2024,before me,the undersigned notary public,personally appeared Angela
Ippolito,proved to me ugh satisfactory evidence of identification,which a current driver's icens )(a
current U.S.passport)(my personal knowledge of the identity of the princip ),to—ffe—Mepe—r—sMrwhoniiatyleiq
signed on the preceding or attached document,and acknowledged to me that s/he signed it voluntarily for its
stated purpose
N ublic p, r� P.Nato,
My Commission Expires: _
e'f4 a
e �
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N WITNESS WHEREOF.the Grantor sets its hand and seal this 5 day of LDCCMQr?, .2024.
GRANTOR.
Essex National Heritaee CommisE,
J es
Treasurer
COMMONWEALTH OF MASSACHUSETT-�
Essex.ss.
On this 5 day of l )2rn+in1,!ir.r ,2024,before me,the undersigned notary public,personally appeared James
Muse,proved to me through satisfactory evidence of identification,which was(a current driver's license)(a
to be the person whose name is
signed on the preceding or attached document,and acknowledged to me that s/he signed it voluntarily for its
stated purposes.
Notary Public
My Commission Expires:
EMI RI=AS m 8�
NOWY PUlic.ConMWW"pti of 1%00*Acb
MV Commission Ex0%.Nm 12,2M
ACCEPTANCE BY THE SALEM HISTORICAL COMMISSION
!-____--Laurence Spang,duly author) e
Chair, Salem Historical Commissio
COMMONWEALTH OF MASSAC1 USETTS
Essex, ss.
On this p day o 024 before me,the undersigned notary public,personally appeared
Laurence Spang,proved to me through satisfactory evidence of identification,which was(a current
driver's license)(a current U.S.passport) my ersonal knowledge of the identity of the principa ,to be
the person whose name is signed on the preceding or attached document,and acknowle ged to me that
s/he signed it voluntarily for its stated purposes as duly authorized Chair of the Salem Historical
Commission.
3 �
Notary Pub
My Commission Expires: Ht,� I�,�oa�
Aimee L LaPointe
UlfNotary Public
COMMONWEALTH ss MASExpire E77s
My Commission Expires
May 18.2029
.1�
ACCEPTANCE AND APPROVAL BY THE CITY OF SALEM
I,the undersigned City Clerk of the City of Salem,Massachusetts,hereby certify that at a meeting duly
held on Nov. 18, 2024,the City Council voted to approve and accept the foregoing Preservation
Restriction Agreement for the preservation of the historic resources of said City and being in the public
interest pursuant to Massachusetts General Laws Chapter 184, Section 32.
By its Clerk
V0.1AIG
ne Simons
City Clerk
The undersigned hereby certifies that the foregoing preservation restrictions have been approved and
accepted by the City of Salem
Dominick Pangpffo
Mayor
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this 1day of !�DYMLV--�'2024,before me,the undersigned notary public,personally
appeared Ilene Simons,proved to me through satisfactory evidence of identification,which my personal
knowledge of the identity of the principal,to be the person whose name is signed on the preceding or
attached document,and acknowledged to me that s/he signed it voluntarily for its stated purposes as Clerk
of the City of Salem.
2�, Maureen Elizabeth Fisher
utNotary Public
COMMONWEALTH Nota yPublic
MASSACHUSETTS
My Commission Expires otary Public
July 15,2027 My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.Q
On this I8 day of jC4G4-,-2024,before me,the undersigned notary public,personally
appeared,Dominick Pangallo,proved to me through satisfactory evidence of identification,which was
my personal knowledge of the identity of the principal,to be the person whose name is signed on the
preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated
purposes as Mayor of the City of Salem.
S Mau=-Public
th Fisher GIB
lic Notary Public
COMMSACHUSMsMy Commission Expires:
MExpiresUlf 7
13
NY CF THE SECRETARY OF THE INTERIOR
WASHINGTON
tlf
a
OCT 10 2024
RCH s t0s
Ms. Annie Harris
Chief Executive Officer
Essex National Heritage Commission,Inc.
10 Federal Street, Suite 12
Salem,Massachusetts 01970
Dear Ms. Harris:
I congratulate the Essex National Heritage Commission,Inc. (Commission)on receiving City of Salem
Community Preservation Act funding for the preservation of the Oil House roof at Bakers Island Light
Station.This funding is contingent upon the Commission granting a preservation restriction(PR),subject
to Secretarial approval,to the City of Salem.This PR requires the Salem Historical Commission to
review any major alteration to the exterior of the Bakers Island Oil House and restricts alterations that
would impact its view or setting.
The proposed PR is considered an encumbrance and will be secondary to the historic preservation
covenants and National Historic Lighthouse Preservation Act(NHLPA)conveyance requirements
assigned in the deed to the Bakers Island Light Station property.Any proposed encumbrance to the deed
requires approval by the Secretary of the Interior.
Pursuant to the authority contained in 54 U.S.C.chapter 3051,commonly known as the NHLPA,the
Department of the Interior has reviewed and accepted the language of this restriction. This letter signifies
my approval of the PR.
The Department of the Interior applauds the commitment of the Commission to the preservation of our
Nation's maritime heritage at the Bakers Island Light Station.
Sincerely,
om
dw
Deb Haaland
cc: John Kelly,Director
New England Region
General Services Administration
10 Causeway Street
1 Ith Floor, Suite 1100
Boston,MA 02222
Ms. Brona Simon
State Historic Preservation Officer&Executive Director
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston,MA 02125
APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
COMMONWEALTH OF MASSACHUSETTS
The undersigned Executive Director and Clerk of the Massachusetts Historical Commission hereby
certifies that foregoing preservation restriction has been approved pursuant to Massachusetts General
Law, chapter 184, section 32.
MASSACHUSETTS HISTORICAL COMMISSION
Brona Simon
Executive Director and Clerk
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this at day of Fe br--y , 2025,before me, the undersigned notary public,personally
appeared Brona Simon proved to me through satisfactory evidence of identification,which was my
personal knowledge of the identity of the principal,to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated
purposes.
����annn+wn��,i
�.�
ao:t:ary Public *�
My Commission Expires:
�''�•.�TARY P�•���
0
� JOSHUA N. DORIN 1114t
WNotary Public
Commonwealth of Massachusetts
My Commission Expires
September 15, 2028
15
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT A
Legal Description Baker's Island Light Station
The land acquired by the United States by a ruling of the Court of General Sessions of the
Peace for the county of Essex,effective the first Tuesday of October, 1797,described as
follows:
Beginning at the great rock on the northerly side of the pond and from
thence running north 73 deg.05' W.39 poles and 10 links to the sea
bounding southerly by the other part of said island,from thence running
N. I 1 deg. 50'East I I poles and 4 links and thence north 29 deg.30' east
15 poles 11 links,thence north 79 deg.20'E. 11 poles and 10 links;
thence north 88 deg.E. 24 poles and 5 links;thence S.44 deg.E.23 poles
and 6 links,and on all those courses last mentioned bounding upon the
sea;thence running S. 48 deg,W. 32 poles and 10 links to the bound first
mentioned containing within those lines 10 acres.
Poles and links referred to herein translate as follows:
39 poles 10 links=650'
11 poles 4 links=184.1'
15 poles I 1 links=254.5'
11 poles 10 links= 188'
24 poles 5 links=399'
23 poles 6 links=383.5'
32 poles 10 links=554.6'
Also,the land described in a Quitclaim deed from Henry W.Morse and Rebecca H.
Morse to the United States of America,recorded at the Essex County Registry of Deeds
in Book 2329,page 134,as follows:
A certain parcel of land situate on Baker Island at the entrance of Salem Harbor in
said Commonwealth of Massachusetts,bounded and described as follows:
Beginning at the most southerly point of the boundary line of the land belonging
to said United States at said Baker Island,at a point marked by a square stone
post,cut with the letters U.S.L-H E;thence running north eighty-two degrees,
seven minutes and thirty seconds west(N 82'07"30"W)along the southern
boundary line of the land belonging to the said United States,six hundred and
eighty-nine(689)feet,more or less,to the line of mean low water;thence
southerly by mean low water to a point on mean low water line bearing north
eighty-five degrees ten minutes and thirty seconds west(N 85' 10'30"W)from
the said point of beginning;thence running south eighty-.five degrees,ten minutes
and thirty seconds east(S 85' 10' 30")seven hundred and ten(710)feet,more or
Jess,to the point of beginning,containing thirteen thousand one hundred and
thirty-five(13,135)square feet,more or less,Being a part of the premises
conveyed to the said Henry W,Morse by deed from Nathan R.Morse dated
March 25, 1897,and recorded in Essex Reg.of Deeds,So.District Book 1505,
leaf 580.
16
Less the land described in a deed of conveyance from the United States of America to
Henry W. Morse, recorded at the Essex County Registry of Deeds in Book 1637, page
442, as follows;
Beginning at the most southerly point of the boundary line of the land belonging
to the United States at Baker Island,at a point marked by a square stone post, cut
with the letters U.S. L-H E;thence running north thirty-eight degrees,fifty-seven
minutes and thirty seconds East(N 38° 57"30"E) six hundred and fifty (650)
feet, more or less,to the line of mean low water;thence Northwesterly by mean
low water to a point on said mean low water line bearing North thirty-five
degrees, thirty nine minutes and thirty seconds East (N 35% 39' 30"E)from the
said point of beginning; thence running South thirty-five degrees,thirty-nine
minutes and thirty seconds West(S 35° 39' 30"W) six hundred and forty-two
(642)feet, more or less,to the point of beginning, containing twelve thousand one
hundred and sixty(12,160)square feet,more or less,being a portion of the
premises described in the report of a committee to view, set off and appraise land
on Baker Island, so-called, ceded to the United States of America by the
Commonwealth of Massachusetts for the purpose of erecting a lighthouse thereon,
made to the Court of General Sessions of the Peace begun and holden at
Newburyport within and for the County of Essex on the first Tuesday of October
A.D. 1797. Recorded on pages 39 and 53 from record book entitled "Sessions
Records July 1796,March 1803."
Source: Essex South District Registry of Deeds, Book 33410, Page 213
17
EXHIBIT B
PLAN OF SURVEY, ESSEX SOUTH DISTRICT REGISTRY OF DEEDS,
PLAN BOOK 443, PAGE 90
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EXHIBIT C
Baseline Photographs
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EXHIBIT D
Massachusetts Historical Commission Inventory Form B
21
FORM B -BUILDING Assessor's Number USGS Quad Area(s) Form Number
MASSACHUSETTS HISTORICAL COMMISSION 46-0124-0 SAL.LH �I MASSACHUSETTS ARCHIVES BUILDING SAL.IG
220 MORRISSEY BOULEVARD NRDIS 11/21/1976 NRTRA 9/30/1987
BOSTON,MASSACHUSETTS 02125
Town/City: Salem
Photograph Place: (neighborhood or village): Bakers Island
Address: Bakers Island
Historic Name: Bakers Island Light Station Oil House
Uses: Present: equipment storage
Original: Oil House
Date of Construction: 1893
= -�= Source: Essex National Heritage Commission
IVY''�''' Style/Form: no style
Architect/Builder: not known
Exterior Material:
Foundation: field stone
Wall/Trim: field stone
Locus Map
Roof: slate
Outbuildings/Secondary Structures: none
f
Major Alterations(with dates):
none
i
- Condition: Good
Moved: no ® yes ❑ Date:
Acreage: 10 acres
—' Setting: Located on Bakers Island, five miles east of the
Salem mainland. One of six buildings set within the 10-acre
Bakers Island Light Station complex located on the
northwest corner of Bakers Island.
Recorded by: Patricia Kelleher
Organization: Department Planning &Community
Development, City of Salem
Date(month/year): May 2022
22
12/12 Follow Massachusetts Historical Commission Survev Manual instructions for completine this form.
INVENTORY FORME CONTIFUATIONSHEET SALEM BAYMSISLAIAD
SALEM
MA.SSACHUSETTS HISTORICAL COIVMSSION Areas) Fbnn M.
220MIORPJSSEYBOTME7ARD,BOSTCH,MIASSACEMMS 02125
SALLH
S A.I G
❑Recommended for listingin the ldatimdRegister of Historic Places.
Zif chec ked you must attach a compl eted Ab ional Register Criss ric 2arsment form
Ilse as much space as necessary to complete the followingentries, allowing text to,(low onto additional continuation sheets.
ARCHITECTURAL DESCRIPTION:
Describe architecturalfsatures. Evaluate the characteristics efthis building in rerm of other buildings within the cownunity.
The Bakers Island Light Station Oil House is situated approximately 500' southwest of the Bakers Island Lighthouse(SAL.900)
vAhin a grass clearing.
The Oil House is rectangular, one story tall and approximately 10 feet wide by 12 feet long.It is built of mortared fieldstone vuth
a gable roof,oriented north-south along the building's long axis.The roof is clad in gray slate shingles. Consistent vAhthe
standard design foroil houses inthe mid-late 1 9h century,the building features a single doorwmy,centered belowthe northern
gable,and narrow,rectangular ventilation openings at each gable end.The doorway,framed by a wood jam b oath a granite
lintel,is fitted by a simple flat-board door painted Mite and is accessed by a granite step. The ventilation openings,which pierce
near the top center of each gable end, are framed by granite sills and lintels and are fitted with slatted wooden vents painted
dark green. The only other architectural details on this utilitarian building are a raking cornice that term inates into gable returns
and nude frieze boards with decorative moldings on the front facade and a simpler molding in the rear.All trim is painted dark
green.
Oil houses were specialized ancillary buildings constructed at lighthouse stations during the last quarter ofthe 191h century for
the storage of flammable fuel used for lighthouse lamps.These oil houses were constructed based on a standard non-
flammable,ventilated design -small well-constructed rectangular buildings in brick or stone with gabled roofs and no windows.
Most had a small vertical louver in the gable for ventilation.The Bakers Island Oil House isconsistent Wththis standard design
and is placed at a safe distance from the lighthouse. Bakers Island Light Oil House is a rare example of an oil house constructed
of fieldstone; the majority of oil houses were constructed of brick. Bakers Island Light Station is one of three lighthouses in
Salem; Derby Wharf Lighthouse(SAL.904)and Fort Pickering Lighthouse(SAL.928)do not have associated oil houses.
HISTORICAL NARRATIVE
Discuss the history of the building. Explain its associations with local(or state)history. Include uses of the building and the role($)the
ownerslmcupants plgyed within the community.
According to research completed by Public Archaeology Lab, Bakers Island was first noted in written documentation in 1630
when Jahn Winthrop wrote about the island in hisjourna1.In 1831 ,the Massachusetts Bay Company deemed all islands in the
colony as public land and in 1660,the Massachusetts General C o urt t ra nsferred ownership of Baker's Island to Salem.In 1670,
Salem authorities gave local resident John Brown and his son permission to build them selve s h om es on the island and to serve
as itskeepers.Under Brown's stewardship,Baker's Island was an active fishing and timbering loca le.In 1731,John Turner II, a
wealthy merchant and sea captain,purchased Baker's Island moving it out of public ownership.
Salem's economy was tied to the sea from its early beginningsin the 160Os.By the m i d-1 8 1 cent ury,Salem was one ofthe
leading maritim a centers in the co[on ieswith fishing,commerce,shipbuilding and related maritime trades dominating Salem's
economic base. By the American Revolution,Salem vms one ofthe preeminent colonial ports,engaged in the lucrative foreign
trade of goods,including tea, spices,silks,porcelain and ivory.By 1807,Salem vsasthe wealthiest city per capita in the United
States.
Ships arriving and departing from the port of Salem were forced to navigate around Baker's Island,a treacherous obstacle at the
entrance to Salem Harbor.With no marker on the island to warn sailors of its rocky shoreline, shipwrecks at the island were
frequent. On M ay 25,1791 ,the Salem Marine Society voted to erect a beacon on Bakers Island to address this danger.When
the initial sum of20 pounds raised bythe Society was insufficient to erect the beacon,the Society solicited public subscriptions.
Continuation sheet 1
23
INVENTORY FORME CONTINUATION SHEET SALEM Bars ISLAM
SALM
.SSACHUSETTS HISTORICAL COIVMSSION Areas) Rim No.
220MORRLSSEYBOLILK ARD,BOSTati,MASSACHUSETTS 02125
SAL.LH
S A.I G
71 persons contributed an additional 89 pounds to the effort and on July 28,1791,an unlit daytim e m arker vws erected on
Bakers Island.Despite the newday beacon, vessels continued to wreck on Bakers Island and the Marine Society petitioned
Congress to erect a lighted aid on the island.In 1796,P resident George Washington signed federal appropriation of$6,000 to
construct a lighthouse on 10 acres of land on the northern point ofthe island. On January 3,1798,twin lighthouses connede d
by a keeper's house had been com pleted and the lamps vtere lit for the first time.By 1800, Bakers Island vtas one of 24
lighthouses along the Atlantic C oast.
Bakers Island Light Station went through a series of changes and im provem ents. In 1815,a storm severely damaged the
keeper's house and light towers.In 1818,the government oonstructed a new26-foot octagonal tower(demolished in 1926)and
in 1820,a taller 59-foot conical stone tower(SAL.900)was constructed.In 1857, a newKeeper's House (SAL.901)etas built VAh
a newAssistant Keeper's House(SAL.902)constructed in 1873.Specialized ancillary buildings were added tothe complex: in
ca.1860, a newfog bell tower was built but it vas destroyed by a lightning strike in 1879; an Oil House was constructed in 1893
and a new Fog Signal Building(SAL.903)was added in 1907.
In 1852,the United States Lighthouse Board was created to oversee the continued operation and im provem ent ofthe nation's
lighthouses. This included the addition of ail houses at lighthouse complexes beginning in the late 1870s. These new specialized
buildings were the result of ongoing experimentation to find the brightest, mast efficient,and mast economical fuel for lighthouse
lamps.I nit ially, lighthouse lamps were lit by fish and sperm oil,but in the 1860s, rapeseed oil and then lard oils becam a the
preferred fuel.In 1874,the Lighthouse Board sent a report to the Senate stating the preference for lard as an ilium inating
material. This preference did not last long; by 1877,the Board reported a preference for the less expensive but m ore
combustible petroleum-based kerosene oil. Over the next decade,all U. S. lighthouse vtere converted to this newfuel.
Kerosene, also known as mineral oil, remained the standard fuel for lighthouses until the introduction of electricity in the 20^
century.As a relatively new fuel, kerosene's stability was not well understood,and oil houses vtere constructed at light stations
to provide safe storage.Constructed of non-flammable m ate ria Is,these buildings were positioned at a safe distance from other
buildings in the lighthouse com plea in case the kerosene ignited. The buildings were ventilated Mh louvered vents to further
prevent combustion.
The Bakers Island Light Station 01I House uses constructed in 1893 to store kerosene far the Bakers Island Light Station.The
design ofthe oil house com plied Wth the standardized design forthese ancillary structures and was positioned at a safe
distance from the light towers and keepers' houses.The small rectangular building was well-built with fire-proof fieldstone
masonry walls,a slate roof and ventilated openings in each gable.
In 1926,the smaller lighthouse on Bakers Island was discontinued and dismantled.In 1938,the rem ain in g to wer was electrified
In 1939,the care and maintenance of all US lighthouses,induding Baker's Island Light,was formally transferred to the United
States Coast Guard.After the last civilian keeper retired in 194314,Coast Guard m em bers were stationed at the light station as
keepers until the station vaas decomm issioned in 2002 .The light tower voas fully automated in 1972 and in 2000,the lighthouse
was convertedto solar power. In 2014,the United States Coast Guard deeded the site and its six building to Essex National
Heritage un der the National Historic Lighthouse Preservation Act.After acquiring the site,Essex Heritage opened the resource
to the public and began a cam palgn to restore the lighthouse and its buildings. In 2021 ,the slate roof of the Oil House was
restored.
BIEL IOGRAPHY and/or REFERENCES
Bakers Island Fall History. Public Archaeology Lab.
Bakers Island Light Station.National Register of Historic Places Nomination 1976
LphthousesoF Massa chusett4 Thematic Group Nomination.National Register of H istoric PI aces.1976
Portsmouth Harbor Ltht.N ationaI R egister of Historic P laces N om ination. 2009.
Reconnaissance Report:Salem. Massachusetts Historical Commission.1985.
Continuation sheet 2
24
INVEINTORYFORME CONTINUATION SHEET SALEM BAMS ISLAM
5ALe4
MASSACHUSETTS HISTORICAL C0I+M11ISSI0N Areas) Fbnn No.
220MOMUS=BOULE:VARD,BOSTON,MASSACMSFTrS 02125
SAL.LH IF
S A.I G
Internet Sources
Baker's Island Lighthouse. Lighthouse Friends https:#vwwvliciMhousefriends.comlliaht.asp?I D=479
New England Lighthouses AVirtual Guide vwm.nevvenalandliciMhouses.netlbakers-island-lioht-history
St. Augustine Lighthouse and Maritime Museum "Lighthouse Technology:Illumination
http:1Awvw.Stauaustinelishthouse.orgf2 016 101 12011iahthouse-technoloav-iIlum1nation
United States Lighthouse Society,"History of the Administration of the Lighthouses in America"by Wayne Wheeler
http s liusih s.orglhistory-administration-li Qhthou se"m e ri ca
N ational P ark S ervi ce: Histari c Lighthouse Pre servdion H andbo ok
ltq�s:flwwWrs�p s gami/m aritim elrihlpaAlan,dbook/Hi sbxicLi gbffiwsePre servationH andbo ok.D dF
Cona'numlion ahaat 3
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EXHIBIT E
RESTRICTION GUIDELINES
The purpose of the Restriction Guidelines is to clarify paragraph three of the terms of the preservation
restriction, which deals with alterations to the Building. Under this section permission from the SALEM
HISTORICAL COMMISSION(COMMISSION)is required for any major alteration.Alterations of a minor
nature,which are part of ordinary maintenance and repair,do not require COMMISSION review.
In an effort to explain what constitutes a minor alteration and what constitutes a major change,which must be
reviewed by the COMMISSION, the following list has been developed. By no means is this list
comprehensive: it is only a sampling of some of the more common alterations,which may be contemplated
by the property owner.
PAINT
Minor-Exterior hand scraping and repainting of non-decorative and non-significant surfaces as part
of periodic maintenance.
Major - Painting or fully stripping decorative surfaces or distinctive stylistic features including
murals, stenciling, ornamental woodwork, stone,masonry,decorative or significant original stucco
or plaster.
WINDOWS AND DOORS
Minor - Regular maintenance including caulking, painting and necessary reglazing. Repair or
in-kind replacement of existing individual decayed window parts.
Major-Wholesale replacement of units;change in fenestration or materials; alteration of profile or
setback of windows. The addition of storm windows is also considered a major change; however,
with notification it is commonly acceptable.
EXTERIOR
Minor- Spot repair of existing cladding and roofing including in-kind replacement of clapboards,
shingles, slates,etc.
Major- Large-scale repair or replacement of cladding or roofing. Change involving inappropriate
removal or addition of materials or building elements(i.e.removal of chimneys or cornice detailing;
installation of architectural detail which does not have a historical basis); altering or demolishing
building additions; spot repointing of masonry. Structural stabilization of the Building is also
considered a major alteration.
LANDSCAPE/OUTBUILDINGS
Minor - Routine maintenance of outbuildings and landscape including lawn mowing, pruning,
planting,painting,and repair.
Major-Moving or subdividing buildings or property; altering of the building; altering or removing
significant landscape features that affect the views of the building, such as vistas, walls, fences;
ground disturbance affecting archaeological resources.
29
HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS
Minor-Repair of existing systems.
Mayor-Installing or upgrading systems which will result in major exterior appearance changes(i.e.
exterior ducts, piping, ventilators, HVAC units); the removal of substantial quantities of original
materials in the course of construction.
Changes classified as major alterations are not necessarily unacceptable. Under the preservation restriction
such changes must be reviewed by the COMMISSION and their impact on the historic integrity of the
Building assessed.
It is the responsibility of the property owner to notify the COMMISSION in writing when any major
alterations are contemplated. Substantial alterations may necessitate review of plans and specifications.
The intent of the preservation restriction is to enable the COMMISSION to review proposed alterations and
assess their impact on the integrity of the building,not to preclude future change.COMMISSION will attempt
to work with property owner to develop mutually satisfactory solutions,which are in the best interests of the
Building.
30