St. Nicholas - 64 Forrester Street (PDF) Page 1 of 28,Book:42942 Page:59 1111111111111
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PRESERVATION RESTRICTION AGREEMENT 09/11/2025 11:03 GRNT P9 1128
IO
between
I
ST.NICHOLAS RUSSIAN ORTHODOX GREEK CATHOLIC CHURCH
and the
CITY OF SALEM,MASSACHUSETTS i
BY AND THROUGH THE SALEM HISTORICAL COMMISSION
THIS PRESERVATION RESTRICTION AGREEMENT is made this day of ✓ ,2025 by and
between the ST.NICHOLAS RU SSIAN ORTHODOX GREEK CATHOLIC C C OF SALEM
MASSACHUSETTS,located at 64 Forrester 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"),
with improvements thereon known as St.Nicholas Church Chapel(hereinafter referred to as"the
Building"),located at 64 Forrester Street, Salem,Massachusetts.Also on site is a Rectory building(not
subject to this agreement).The Property is more particularly described in a deed from Nikita Mitulinsky to
St.Nicholas Russian Orthodox Greek Catholic Church of Salem,Mass.,dated October 14, 1933,and
recorded in the Essex South District Registry of Deeds in Book 2965,Page 153,and in Exhibit A attached
hereto and incorporated herein by this reference.
WHEREAS,ithe Building and Property are described as follows,and also depicted in a set of ten(10)
photographic images taken in January,2025,with copies of said images attached hereto and incorporated I
herein by reference as Exhibit C:
St.Nicholas Orthodox Church was designed in the Byzantine Revival style by Salem architect William
Devereaux Dennis and constructed in 1908.The church takes a common western church form but is
ornamented with distinctive ornament from the Orthodox tradition,reflecting the Eastern European origins
of the congregation.The building is located on the comer of Webb and Forrester Streets,in a densely
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settled residential neighborhood between Salem Common and Collins Cove.The church,which measures
39 by 62 feet,is oriented west towards Forrester Street and is constructed of wood,on a cut stone
foundation,with a gable slate roof.The facade is finished with matchboard siding,while the remaining
elevations are covered in wood clapboards.
A large central tower,with an octagonal belfry with louvered panels, and two comer towers project slightly
from the front of the church.A smaller octagonal cupola,with arched windows and slate covered walls,
rises from the center of the roof ridge and a small square cupola rises at the rear of the roof ridge.All-of the
towers and cupolas are topped by blue metal-clad onion domes,which are a hallmark of the congregation's
Eastern European background.Each dome is topped by a three-barred cross.
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West Facade'(West)
The front facade(west)is dominated by a central tower with smaller towers at each comer.Openings on the
facade are arranged in two tiers and five bays on the main block,with a third tier in the tower. Large round-
headed openings are located at the entry and above it in the center tower,with a round window or oculus i
above.The central tower is flanked by narrow windows, flat in the first tier,round-headed in the second.
Each comer tower is lit by flat-headed windows(west and north)in the first tier,with oculus windows
above.The facade wall is covered in gray matchboard siding with white trim.The unifying Orthodox
symbol of the circle is repeated in the composition of the facade.
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The main entry is accessed by brick stairs that rise between two brick cheek walls to the front door,which is
located in the central tower. The paired five-panel wood entry doors are recessed and accessed by an open
paneled vestibule. The entry is covered by a semi-circular canopy supported by columns,a shape echoed in
the round and round-headed windows in the second tier of the fagade. Each opening is marked by thick,
eared labels and stained glass. Round-headed arcading is employed in the central belfry and at the cornice
line and tower belt courses.
To the right of the main entry stairs is a brick plinth,constructed in 1997,that serves as the base to a large
bell. The bell was provided by the Russian Orthodox Church in Lynn,MA,that closed in the 1990s. As St.
Nicholas is the oldest Russian church in the region,the age of the bell is estimated at post-1908. The
plaque on the plinth has a stone inscription that says,"A MEMORIAL TO ALL MEMBERS OF THE ST.
NICHOLAS PARISH WHO HAVE FALLEN ASLEEP IN THE LORD".
North elevation
On the north elevation, a door at grade level,facing Webb Street,has a light canopy,resting on metal poles,
and allows entry to the basement from the exterior.
Four large round-headed windows with drip moldings are evenly spaced on the wall and are centered above
four square-headed windows in the foundation. The elevation is completed with round-headed arcading
along the cornice.
East elevation
On the rear(east)elevation, a semi-octagonal apse with hipped slate roof projects from the rear fagade. This
elevation also has round-headed windows on the sides of the apse and on the main building. Square-headed
windows in the foundation wall are centered on the main building walls and on the full apse wall. A door to
the basement in the angled apse wall is facing the Rectory.The distinctive round-headed arcading continues
on this elevation, detailing both the apse and the gabled cornice.
South elevation
A third entry to the church is located on this elevation.The simple entry door is covered by a bracketed roof
hood and is accessed by three wood steps that lead to a small open porch.
Four large round-headed windows with drip moldings are centered above four square-headed windows in
the foundation. A small brick chimney rises above the roof, flush with the back wall.The elevation is
completed with round-headed arcading along the cornice.
Rectory
A two story, Colonial Revival Style rectory(not subject to this agreement) sits to the south of the church on
Forrester Street. A narrow walkway separates the two buildings. The Rectory was built in ca. 1912 several
years after the church. The wood-frame two-bay building is two stories tall with a pyramidal hipped roof
and sits on a raised stone foundation. A porch,which stretches across the first story of the fagade, features
square columns with simple molded capitals that support a bracketed cornice. The porch has a wood
balustrade on the first floor with two remaining posts on the roof indicating where a roof balustrade has
been removed. A deck extends the porch floor of the right bay out to the sidewalk and covers an enclosed
carport. This bay of the porch fronts a two-story bay window.A broad wooden staircase rises along the
carport to the left-hand bay of the porch, which leads to the front door. There is a window above the door on
the second floor. The Rectory has aluminum siding but original molded window and door trim and a
decorative roof cornice with dentils and brackets have been retained.
WHEREAS, due to its historical and architectural significance,the Building and Property were listed
individually in the National Register of Historic Places on February 18, 1994, 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
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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 41-0219
Exhibit C. Eleven(11)Baseline Photographs Dated January and March,2025.Digital photographic
files and archival photographic prints of the Baseline Photographs are maintained by the
Commission at its office at 98 Washington Street, Salem,Massachusetts.
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 Twenty-Five Thousand Dollars ($25,000)from the Community
Preservation Fund("Funds")was appropriated for the purpose of funding a grant to restore two cupolas
(onion domes), including replacement of roof slates and copper flashing around base of the large front and
small rear cupolas,installation of new copper apron around large cupola,removal,reinstallation and
resealing window unit on large cupola, and repainting repaired surfaces. Funding shall not be used to re-
gild, stabilize or structurally secure the crosses on top of the domes.
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.
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
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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
e. moving the Building to another location shall be forbidden without prior approval of the
Commission.
5. Conditional Ri ht� s 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
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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:
(i) 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.
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.
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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 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
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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: St.Nicholas Russian Orthodox Greek Catholic Church
64 Forrester 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.
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.
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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 in here to the contrary notwithstanding, an owner of the Property shall have no
obligation pursuant to this instrument where such owner shall cease to have any ownership 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.
23. Extinguishment: Grantor and Grantee hereby recognize that an unexpected change in the conditions
surrounding the Property may make impossible the continued ownership 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
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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 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
9
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 Nicholas Russian
Orthodox Greek Catholic Church of Salem,Massachusetts,the Orthodox Church of America Diocese of
New England, or the Orthodox Church of America.
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 a perpetual Preservation
Restriction Agreement held on the Property and the Building by the Commonwealth of Massachusetts by
and through the Massachusetts Historical Commission and recorded with the Southern Essex District
Registry of Deeds on May 26,2000 in Book 16361,Page 495 (hereinafter the"MHC Agreement").
31. Subordination: Grantor and Grantee acknowledge that as of the date of this Restriction,the Property and
the Building are subject to the MHC Agreement. Grantor agrees that in addition to complying with the
restrictions contained in this Preservation Restriction Agreement, Grantor will continue to comply with the
restrictions contained in the MHC Agreement. Grantor and Grantee agree that this Restriction shall be
subservient to the MHC Agreement, and further agree that should any dispute arise between Grantee and
the Massachusetts Historical Commission in the process of fulfilling requirements of these restrictions,the
Grantee shall defer to the demands and requirements set out by the Massachusetts Historical Commission.
10
IN WITNESS WHEREOF,the Grantor sets its hand and seal this IDday of J'1A 1 2025.
By:
GRANTOR:
St.Nicholas Russ n Or iodox Greek Catholic Church of Salem,Massachusetts
Baco*1on acL- Rebecca Beaman
President Treasurer
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this 03 day of 3I"'1 ,2025,before me,the undersigned notary public,personallyeared John
Malcolmson,proved to me ,hough satisfactory evidence of identification,which was a current driver's lice )(a
comport)( cipal},to be the person w ose name is
signed on the preceding or attached document,and acknowledged to me that s/he signed it voluntarily for its stated
purposes as Deacon and President, St.Nicholas Russian Orthodox Greek Catholic Church of Salem,Massachusetts.
HEATHER M. MICHAUb
* Notary Public Not Public
Commonwealth of Massachusetts Notary
My Commisslon Expires My Commission Expires:
August 21, 2026
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. f� l
On this � day of V(�/ ,2025,before me,the undersigned notary publicrpersonally ebecca
Beaman,proved to me througl- satisfactory evidence of identification,which was(current driver's license)
curr n rt)( ipal),to bee 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 Treasurer, St.Nicholas Russian Orthodox Greek Catholic Church of: lem,Massachusetts.
ram.
THOMAS T SICOT11 Notary Public
Notary Public My Commission Expires:
Commonwealth of MossW..,
My Commission l xpinW
March 19, 2032
11
ACCEPTANCE BY THE SALEM HISTORICAL COMMISSION
6
Vijay c , duly authorized
Chair, Salem Historical Commission
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this day of 6u&o ,2025 before me, the undersigned notary public, personally
appeared Vijay Joyce,proved to me through sa o evidence of identification which was (apt
iy- 'dr e)(a-Guff Drt) ersonal know edge of the identity of the prmcipDZ to be the
person whose name is signed on the preceding or attached document, and acknowle ge to me that s/he
signed it voluntarily for its stated purposes as duly authorized hair of t Salem Historical Commission.
No is
My Commission Expires: ,ul;o Mota
NOTARY PUBLIC
Commonwealth of
Massachusetts
"4"► My Commission Expires
1/12/2029
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
on July 17, 2025,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 Assistant City Clerk
r
Maureen E. Fisher
Assistant City Clerk
The undersigned hereby certifies that the foregoing preservation restrictions have been approved and
accepted by the City of Salem
4L 1'11�6<
Dom nick rang*AV
Mayor
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.`�
On this a 1s'day of 73A 2025, before me,the undersigned notary public,personally appeared
Maureen E. Fisher,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.
Notary Public �2
My Commission Expires:';t)rW Iq,a631
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On thiso� 5t-day of 7QI ,2025, before me, the undersigned notary public,personally appeared,
Dominick Pangallo,proved tc 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.
Notary Public
My Commission Expires: V t
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
t
Brona Simon
Executive Director and Clerk
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this aG ``day of A v 3uSt ,2025,before me,the undersigned notary public,personally appeared
Brona Simon proved to me through satisfactory evidence of identification, which was( 's
lieefte)( )(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.
`�e��urenrrrurrygi
15
otary Public c * :
My Commission Expires: :x
.A
JOSHUA N. DORIN """
x Notary Public
"
Commonwealth of Massachusetts ��P��p/rfrrrfillM
My Commission Expires
September 15, 2028
14
EXHIBIT A
Legal Property Description
The land with the buildings thereon, situated at 64 Forrester Street, Salem, Essex County,Massachusetts,
and being described as follows:
[L]and in said SALEM,together with the buildings thereon,and bounded and described as follows:
Northwesterly by Forrester Street eighty-two(82)feet;Northeasterly by Webb Street,sixty-five(65)
feet eight (8) inches; Southeasterly by a passageway seventy-three (73) feet six (6) inches;
Southwesterly by land now or late of Smerczynski eighty-seven(87)feet six(6)inches.
Source: Southern Essex District Registry of Deeds Book 2965, Page 153
15
EXHIBIT B
Salem Assessors' Map
Parcel 41-0219
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EXHIBIT C
Baseline Photographs
Photo 1-Front(Forrester Street) and side(Essex Street) facades (West and North elevations)
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Photo 2-Front facade(West elevation,Forrester Street) -January,2025
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Photo 4& 5 -Bell and Base Structure(to the right of main entrance,west elevation)—January&March, 2025
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Photo 7- Cornerstone,Northeastern Corner—January,2025
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Photo 9-North and East Elevations, January, 2025
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EXHIBIT D
RESTRICTION GUIDELINES
The purpose of the Restriction Guidelines is to clarify paragraph three of the terms ofthe 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.
Maor-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.
M jor - 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.
Mayor - 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.
27
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.
28