ST. PETER'S CHURCH - 24 ST. PETER STREET - PRESERVATION RESTRICTION �03
PRESERVATION RESTRICTION AGREEMENT
between
PARISH OF ST.PETER'S CHURCH III IIIII��IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIII
WHO ESSEX #68 RAW 42097 Pg:208
and the 05/02/2024 09:50 RSTR P9 1130
CITY OF SALEM,MASSACHUSETTS
BY AND THROUGH THE SALEM HISTORICAL COMMISSION
THIS PRESERVATION RESTRICTION AGREEMENT is made this 14 day of ,2024 by and
between the PARISH OF ST. PETER'S CHURCH, also known as Minister and Warldensof the
Episcopal Church in said Salem called St.Peters, and the Proprietors of St.Peters Church, located at 24
St.Peter Street, Salem,Massachusetts("Grantor")and the CITY OF SALEM("Grantee"),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(hereinafter referred to as "the Property"),
located at 24 St. Peter Street, Salem,Massachusetts. The Property includes a building know as St.Peter's
Church and Chapel(hereinafter referred to as "the Building"). Also on the site are a parish hall and three
small burial grounds(one not visible). The Property is more particularly described in deeds(i)from
Phillip English,Phillip English,Jr.,John English,William Browne,Mary Browne, John Touzel and
Susanna Touzel to the Episcopal minister,wardens, and members of the church,dated May 31, 1733 and
recorded in the Essex South Registry of Deeds in Book 65, Page 24; (ii)from Jeremiah Hagerty to
Nathaniel Fisher,Minister,and James Barr and Mascol Williams,Wardens of the Episcopal Church in
said Salem called St. Peters, dated April 3, 1784 and recorded with the Essex County.South District
Registry of Deeds,Book 142,Page 129; (iii)from Stephen B. Ives to the proprietors of St.Peters Church
in Salem dated May 19, 1871 and recorded with said Deeds,Book 844,Page 168; (iv)from James Barr
Currier to the Proprietors of Saint Peter's Church dated June 9, 1892 and recorded with said Deeds,Book
1346,Page 179; and(v) from Amand Abraham to Parish of St. Peter's Church in Salem dated April 18,
1961 and recorded with said Deeds,Book 4762,Page 495, and in Exhibit A attached hereto and
incorporated herein by this reference.
WHEREAS,the Building and Property are described as follows,and also depicted in a set of ten(10)
photographic images taken in December,2022,with copies of said images attached hereto and
incorporated herein by reference as Exhibit C:
St.Peter's Church, located at 22-24 Saint Peter Street,was constructed in 1833-34 on the site of an earlier
wooden church constructed in 1733-34. The current church building is a one-story rubble stone masonry
building with hipped asphalt shingle roof designed in the Gothic Revival style based on plans by noted
Boston architect Isaiah Rogers(1800-1869). The church was enlarged in 1845 with plans by New York
architect Richard Upjohn(1802-1878). In 1871, a one-story chapel addition was added to the rear(east)
of the church building.In 1937-38, a two-story brick masonry parish house(not subject to this agreement)
was added to the north.Note: Requiring review under this Preservation Restriction would be the enlarging
of the footprint of existing structures or the construction of new structures,in order to determine if the
historic setting of the Building would be adversely affected.
The property is located on the corner of St.Peter Street and Brown Street in Salem's downtown. On either
side of the fagade tower, are small yards enclosed by steel picket fencing set on granite curbing.The
southern yard features curved curbing and fencing that correlate with the curve of the street corner and a
single tree is set within the yard.Both the north and south yards contain slate headstones: group north
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contains four rows of 6 to 8 mostly slate markers, including also a marble obelisk;group south contains
two rows,one with 8 markers and the other 5,being a mix of slate and marble.
Fa(ade(West)Elevation
The facade of the church is oriented west and is dominated by a three-story engaged square bell tower that
is centered on the elevation. To each side of the tower, large lancet-arched windows light the sanctuary.
Each window features tracery that divides the large opening into two smaller lancet arches. Glazing
consists of leaded diamond panes of stained glass with a more decorative stained glass panel in the lancet.
Windows are framed by granite sills.Below each of these window are paired multi-light basement
windows capped by granite lintels.
The principal entrance to the church is located at the base of the tower and is accessed by three granite
steps flanked by simple round handrails. The entry is recessed and features paired rectangular board and
batten doors with cross framing with a round door knob on the southern door.No exterior hardware is
visible. A single glazed window with center quatrefoil tracery fills the arch above the doors and paneled
walls frame the recess. Both doors and paneling are painted red.
Above the entrance is a rectangular plaque recessed into the rubble wall.The plaque is etched with"St.
Peter's/Erected MDCCXXXIII/Rebuilt MDCCCXXXIII". Above the plaque is a large lancet-arched
window with intersecting tracery that forms three vertical lancet lights. Glazing consists of leaded
diamond panes of stained glass. Quatrefoil windows punctuate the top of each face of the tower, which is
topped by a crenelated parapet.
The church property is located on a prominent corner at the intersection of Saint Peters Street and Brown
Street in downtown Salem.The building sits directly on the sidewalk except for small open areas on
either side of the tower,which are enclosed by granite curbing topped by iron picket fencing.The
northwest area is enclosed by a straight run of fencing that terminates at a granite post. The southwest
area features curved fencing that corresponds with the street corner. Within both areas are slate
headstones that were relocated from a burial area at the rear of the property, which was covered in 1871
when the church chapel was constructed.
North and South elevations
Each elevation features three lancet windows evenly spaced within a recessed portion of the wall.These
windows replicate the design of the windows on the front facade.
The south elevation features a copper gutter that terminates in copper scuppers and downspouts at each
end of the wall.
A two-story masonry Parish House(constructed in 1937 and not subject to this restriction)is located to
the north of the church and is attached to the building via a single-story stucco clad connector(not subject
to this restriction)on the northeast corner of the north elevation. The Parish House features a stucco
exterior,flat roof and three-bay facade with center entrance.
East elevation
At the rear of the church building is a one-story chapel addition constructed principally of brick masonry
but its Brown Street(south)elevation is faced with granite rubble masonry to match that of the church. It
has a gable roof and is connected to the church via a hyphen which has a lower roof the same type. The
intermediary hyphen addition features two trefoil arched windows with granite sills and a lancet arched
recessed entry access by two granite steps. The end gable addition features a large arched window with
intersecting lancet and round tracery. The east wall of the addition features an entry door sheltered by a
half-timbered porch.
The east portion of the property features a low wall of granite blocks along the sidewalk that matches
granite of main church. The wall terminates for two entries to the lot(one walkway and one drive)and
incorporates a small planting bed with seating area,mature trees and other plantings.The remainder of the
parcel is a stonedust parking area.
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WHEREAS, due to its historical and architectural significance,the Building and Property are a
contributing resource to the Salem Common Historic District, listed in the National Register of Historic
Places on May 12, 1976, and as a result of the foregoing are included in the State Register of Historic
Places; and
WHEREAS, Grantor and Grantee recognize the architectural,historic,and cultural values(hereinafter
"preservation values")and significance of the Building and Property and have the common purpose of
preserving the aforesaid preservation values and significance of the exterior of the Building and Property;
and
WHEREAS,the preservation values of the Building and Property are documented in a series of
photographs and documents (hereinafter, 'Baseline Documentation") incorporated herein and attached
hereto as by reference as Exhibit A,B, and C, which Baseline Documentation the parties agree provides
an accurate representation of the Building and Property as of the date of this grant; and
WHEREAS,the Baseline Documentation(Exhibits A,B, and C)shall consist of the following:
Exhibit A. Legal Property Description
Exhibit B.Assessors' Parcel Map Detail of Parcel 35-0181
Exhibit C. Sixteen(16)Baseline Photographs Dated December, 2022 and May, 2023
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 Forty Thousand Dollars($40,000)from the Community
Preservation Fund("Funds")was appropriated for the purpose of funding a grant to reinstall fallen granite
coping stones to the roof and replace four clear glass cellar windows of the 1872 chapel; 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 40, Section 8D, authorized and directed by the
Grantee to manage the Property and Buildings 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 and Property to be administered,managed and enforced by the
Commission.
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1.Purpose: It is the Purpose of this Restriction to assure that,the architectural,historic, and cultural
features of the exterior of the Building and Property 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 any use or change of 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.
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 and the Property, 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 D 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 or the Property.
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,except those reasonably necessary for the existing
Building,may be created on the Property, subject to utility easements already recorded;
d. no additions and/or outbuildings may be attached to the Building without prior approval of
the Grantor; and
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e. moving the Building to another location shall be forbidden without prior approval of the
Commission.
5. Conditional Riahts 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 to the surrounding Property that would obscure the current view of the Building,
such as the installation of permanent signage or trees or very large shrubs without approval of the
Commission.
Activities by Grantor to maintain the Building and the Property 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
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:
G) are permitted by governmental statute or regulation;
(ii) do not substantially impair the preservation values of the Building and Property; 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 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 to undertake 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. Casualty Damage or Destruction: In the event that Building or Property 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.No repairs or reconstruction of any type,other
than temporary emergency work to prevent further damage to the Building and Property 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 an engineer who are acceptable to the Grantor and the Commission,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: Grantor shall keep the Building insured by an insurance company rated"A" or better by
Best's or equivalent rating agency for the full replacement value against loss from the perils commonly
insured under standard fire and extended coverage policies and comprehensive general liability insurance
against claims for personal injury, death and property damage.Property damage insurance shall include
change in condition and building ordinance coverage, in form and amount sufficient to replace fully the
damaged Building without cost or expense to Grantor or contribution or coinsurance from Grantor.
Grantor shall deliver to the Commission,within ten(10)business days of the Commission's written
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request thereof,certificates of such insurance coverage.Provided,however,that whenever the Property is
encumbered with a mortgage or deed of trust nothing contained in this paragraph shall jeopardize the
prior claim,if any, of the mortgagee/lender to the insurance proceeds.
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 Property, 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 Property 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: Parish of St. Peter's Church
24 St.Peter Street
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 and the Property 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 or Property 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
Grantors 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 of the Property shall have no
obligation pursuant to this instrument where such Grantor shall cease to have any Grantorship interest in
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 Property or any part thereof,including by way of example and not limitation,a lease of all or a portion
of the Property.
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,are the preservation of buildings or sites of historical significance.
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
Massachusetts Historical Commission,and its being recorded with the Southern Essex District Registry
of Deeds.
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23.Extinguishment: Grantor and Grantee hereby recognize that an unexpected change in the conditions
surrounding the Property may make impossible the continued Grantorship or use of the Property 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.
24. Condemnation: If all or any part of the Property 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 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 Property 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.
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 Property and the Purpose of this Restriction; shall not
9
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 pf an
archaeological field investigation plan prepared by the Grantor and approved in writing by the Grantee
and the State Archaeologist of the Massachusetts Historical Commission(M.G.L. C. 9, Sec. 27C,950
C.M.R. 70.00).
29.Free Exercise of Religion: Grantor and Grantee agree that nothing contained herein is intended to
limit the rights which Grantor may have under the First Amendment to the United States Constitution,
Article 46 of the Amendments to the Massachusetts Constitution, and Article 2 of the Massachusetts
Declaration of Rights.The parties agree this Preservation Restriction does not impact,restrict,or restrain
Grantor's right to alter,utilize, and maintain the Property in keeping with its religious principles,practices
or beliefs,including but not limited to the direction,teachings or requirements as set forth by Saint Peter's
Episcopal Church in Salem or The Protestant Episcopal Archdiocese of Massachusetts.
30.Prior Liens. Grantor represents and warrants to the Grantee that the Property is not subject to any
mortgages, easements, liens, or leases prior in right to this Restriction other than the following:
1) Mortgage granted to The Protestant Episcopal Archdiocese of Massachusetts dated January
15,2002 and recorded at the Essex South Registry of Deeds in Book 18228,Page 531;
2) Mortgage granted to The Protestant Episcopal Archdiocese of Massachusetts dated December
18,2013 and recorded at the Essex South Registry of Deeds in book 33275,Page 302.
The Protestant Episcopal Archdiocese of Massachusetts has subordinated its mortgages to this
Preservation Restriction Agreement with its Assent attached hereto and recorded herewith as Exhibit E.
Grantor agrees not to enter into or permit other mortgages, easements, liens or leases affecting the
Property prior in right to this Preservation Restriction Agreement.
10
IN WITNESS WHEREOF,the Grantor sets its hand and seal this j_tday of fq,;-bytXAq, 2024.
By:
GRANTOR:
Parish of St. Peter's Church
Ana Nuncio rues et
Senior Warden Treasurer
COMMONWEALTH OF MASSAC14USETTS
Essex,ss.
On this L(D day of Gj2nx, ,2024,before me,the undersigned notary public, a ally-a a An U)
Nuncio, proved to me through satisfactory evidence of identification,which was( current driver's licens (a
current U.S. passport)(my personal knowledge of the identity of the principal),to be the person w ose na m
signed on the preceding or attached document,and acknowledged to me that s/he signed it voluntarily for its 0-
w v'
stated purposes. _CL, g N
(DQO E �.
IKI otary Pub E z w
My Commission Expires:s//���� g g
0
0
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this day of ,2024,before me, the undersigned notary ,- James
Sweet,proved to me through sati factory evidence of identification,whic �(acurre7t'mdri�ver (a
current U.S. passport)(my personal knowledge of the identity of the principae 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.
C.
Notary Pu o°X w
My Commission Expires:5-�/g/P� d a 0 o
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Em
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11
ACCEPTANCE BY THE SALEM HISTORICAL COMMISSION
aurence Spang, duly a 19 zed
Chair, Salem Historical Co lissi i
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this a -I't" day of M a rC A , 2024 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)( (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 duly authorized Chair of the Salem Historical
Commission.
Notary Pu - /
My Con&sion Expires:
Y L- NEVILLE
Ni NCpublic
NotaryFE
1 c COMMONWEALTH 0'MASSACNfeSTTs`
�! N►y Commission 2024
November 15,
12
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 onMarch 14,_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
ene Simons
City Clerk
The undersigned hereby certifies that the foregoing preservation restrictions have been approved and
accepted by the City of Salem
Dominick Pa gallo
Mayor
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this QA day of��a ,� ,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.
Aimee L LaPointe
Notary Public
COMMONWEALTH OF MASSACHUSETTS otary Pu zC1
My Commission Expires My Commisn Expires:
Ulf May 18,2029
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this, _day of L6CA,2j--� ,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.
In, Aimee L LaPointe f`
Notary Public Notary Public,
COMMONWEALTH OF MASSACHUSETTS My Commission Expires: ��
My Commission Expires
Ulf May 18,2029
13
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 16 day of 14��e ,2024,before me,the undersigned notary public,personally
appeared Brona Simon proved to me through satisfactory evidence of identification,which was(a current
d4ucr sdicense) (a-ear+ent-U-S-Vawport)(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.
i f�1
`,\�11111t1 tilU/!///
I/
(l�lotary Public ..........Oni,
My Commission Expires: p /q'•y
'JOSHUA N. DORIN = s
Notary Public
Commonwealth of Massachusetts 0 �. �,Q;• o
My Commission Expires
Rz
September 15, 2028 �,,�O,••'•..t....l.
gRyp
.
14
EXHIBIT A
Legal Property Description
The land with the buildings thereon, situated at 24 St.Peter Street, Salem, Essex County,Massachusetts,
and being described as follows:
A certain a piece or parcel of land situate lying and being in Salem afores[aid] containing about twenty
pole be the same more or less butting Easterly on land lately belong to John Gedney decd [deceased],
and now in the possession of Robert Williams; Southerly and Westerly on highways, and Northerly on
land lately belonging to Joshua Mack on all in decd [deceased].
Source: Southern Essex District Registry of Deeds Book 65 Page 24
A parcel of about thirty poles of land be it more or less situate on the South side of the new street
bounded on that street three poles Northeasterly on land of Jonathan Buffum nine poles fifteen feet
south easterly on land late of Joshua Buffum two poles fifteen feet and six inches southwesterly on said
Joshua's land ten poles eight fee and eight inches or however otherwise founded with the buildings
thereon.
Source: Southern Essex District Registry of Deeds Book 65 Page 24
Commencing at a point on Brown Street, at the present boundary between my estate and the estate of
said Proprietors,and running thence by said boundary forty one feet and three inches Northerly,thence
turning and running Southerly to said Brown Street,forty one feet,to a point on said street two feet and
nine inches Easterly of the point of beginning thence Westerly by said street,two feet and nine inches,
to the point of beginning,which is thirty eight feet four inches from the South East corner of the main
part of the Church Edifice of said proprietors.
Southern Essex District Registry of Deeds Book 844 Page 168
Commencing at the south westerly corner thereof by land of the Proprietors of St.Peters Church,thence
easterly by said Proprietors land to land late of Stephen B. Ives thence northerly by land late of said
Ives, thirty three feet to land formerly of Isaac Colby, thence northwesterly by said land formerly of
Colby to St.Peter Street,thence southerly by said St.Peter Street,to the point of beginning.
Southern Essex District Registry of Deeds Book 1346 Page 179
Beginning at the Southwesterly corner of the premises by land now or formerly of the St.Peter's Church
and thence running Easterly by Brown Street sixty-six(66) feet to land now or formerly of the Young
Women's Association,thence turning and running in a straight line Northerly one hundred twenty-four
and twenty-five one hundredths (124.25) feet by said land of the Young Women's Association to a
corner at land now or formerly of the St. John's Polish Church, thence turning and running Westerly
forty feet and seven inches (40' 7") to land now or formerly of Kiley, thence turning and running
Southerly by said land of Kiley and land of the St.Peter's Church one hundred thirty-one(131) feet to
the point of beginning.
Source: Southern Essex District Registry of Deeds Book 4762 Page 495
15
EXHIBIT B
Salem Assessors' Map
Parcel 35-0181
V?
CD
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-AVO
35;%19
3
35DI
Fidqr 35-r 8 ' 3
84
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urc St
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35"58 3 35jh
W
35-0616 35;J451
IJIAC
16
EXHIBIT C
Baseline 1 • •
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Photo 1-Front facade(West and North elevations)
�� ` }; --�I ;sue ►_. -1� '.`�._ °s.
I _
I
December,
St. I'FTF.R'ti
:t<Ec••rEn MOe c1:xa�t
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Photo 2-Front Door Entry(West elevation)
December,2022
18
•yt�• .N. - ti S � �IFO'�
• above . Door Entry(West elevation) -December, 2022
i
Yo d
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ilk
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t� n
�Li•�• ry ,' Sri''.
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• • • • 2022
y'V
"'� •fir _?1 ^� �:c_ ..
Photo .p A•• •n(South and East elevations) 2022
__•�� taro.:- �
v.
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7 7i /' di��. i of •--
Photo . • Addition Gable •• • December, 1
22
Photo `- Chapel Addition• and North •ns),connected to Parish HouseDecember, 1
v , t
�y1
y �
-
Photo 10-Chapel Addition Door(East elevation)-December,2022
24
T 7
-_— — aJ IM
.•_ -.':i�Y�e�w.S.iZa':� _ x• .•.i�. -_�'a'.A�'1�:�]� •s—a.—.'•;e«•L..�r.<1.`•�•Y�i L_�_s_E:�iR�Ks:'•- _
Photo 11-Chapel addition(North elevation) connection to Parish House rear(East elevation)-May, 2023
r �
��-{', ., •� - ate'
� f
_ :Y.rtJ�•�•
Photo 12—View of open area and low stone wall from Brown Street-May,2023
25
i
_n
'�• _ SIC'. „�. i���
d � S
• / 13 Parish • WestElevations) 2023
,j" K
Parish House connection in rear
Photo 14
with Church North ElevationI right and
Parish House South Elevation on left—May,
26
i 1 Gayi
Al
IN
I:
EXHIBIT D
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 Property. 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 property 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 property (including enlarging the
footprint of existing structures or construction of new structures; altering or removing significant
landscape features such as gardens, vistas, walks, plantings, walls, fences; ground disturbance
affecting archaeological resources.
HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS
Minor-Repair of existing systems.
28
Major-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 property
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
Property.
29
EXHIBIT E
ASSENT BY MORTGAGEE
The Episcopal Archdiocese of Massachusetts is the holder of a Mortgage dated January 15,2002,and
recorded with the Essex South Registry of Deeds at Boot: 18228, Page 531,and a Mortgage dated
December 18,2013,and recorded with the Essex South Registry-of Deeds at Book 33275,Page 302. The
Premises affected by this instrument is 24 Saint Peter Street,Salem,Massachusetts.Said Mortgagee by this
instrunent assents to the Preservation Restrictions from it Mortgagor,The Parish of St.Peter's Church in
Salem,also known as Minister and Wardens of the Episcopal Church in Salem called St. Peter's and the
Proprietors of St.Peter's Church to the City of Salem, Massachusetts as set forth in an Agreement dated
,2023 and recorded herewith,and agrees that upon the Mortgagee's exercise of its
right to foreclosure on the mortgaged Premises it shall comply with terms and conditions of the Preservation
Restrictions accepted by the Mortgagor.
Signed as a seated instrument this day of 5t4, ,2023
By:
Debra Thomas
Chief Financial Officer
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this Xday of ;2023, before me, the undersigned notary public, personally
appeared, 1;A d , TifUh'+ S' )roved to me through satisfactory evidence of identification,
which was which was la current driver's license a current U.S.passport)(my personal knowledge of the
identity of the principal), ,r,+m thc�erson tiv lose name is signed on the preceding or attaclied document,
and acknowledged to me that s/he signed it voluntarily for its stated purposes as authorized Chief
Financial Officer ofthe Episcopal Archdiocese of Massachusetts.
Not ry t ublic � t � �a-v
My Commission Expires: ( �
,'`��Ill TZ 06,
OP
op
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�I��,FtT8 OF
i�'Mil1111
30