House of the Seven Gables Tea House and Barn Preservation Restriction -,,�� �, II IIII IIII III IIIIIIIIIIIII IIIIII I IIIIII IIII
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PRESERVATION RESTRICTION AGREEMENT
Between the
THE HOUSE OF THE SEVEN GABLES SETTLEMENT ASSOCIATION
and the
CITY OF SALEM,MASSACHUSETTS
BY AND THROUGH THE SALEM HISTORICAL COMMISSION
THIS PRESERVATION RESTRICTION AGREEMENT is made thi�day of 2024
by and between THE HOUSE OF THE SEVEN GABLES SETTLEMENT ASSOCIATION, located at
115 Derby 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 its agent,the SALEM
HISTORICAL COMMISSION, located at 98 Washington Street, Salem,Massachusetts, 01970
("Commission"),
WHEREAS,the Grantor is the owner of certain real property with improvements thereon known as the
House of the Seven Gables which is located at 115 and 117 Derby Street(hereinafter referred to as "the
Property"),comprising numerous buildings and is described in a series of deeds,plans,certificates, and
wills. The Property is also depicted as Parcel 41-0300 and Parcel 41-0303 on the City of Salem,MA
Assessors' Map attached as Exhibit B hereto and incorporated by reference: and
WHEREAS,the Property includes a Colonial Revival era building thereon known as the Tea House and
Barn,together referred to hereinafter as"the Building"and described as follows,and in Exhibit A
incorporated by reference and attached hereto,and also depicted in a set of nineteen(19)photographic
images taken March,2024,plus one(1)Google Maps photo image from March,2024,with copies of said
images attached hereto and incorporated herein by reference as Exhibit C:
The Tea House(c.1924)and attached Barn(c.1924),are attached to the rear of the Seaman's Visitor
Center(opened 1994)on the House of the Seven Gables Historic Landmark Site located at 115 Derby
Street.The Tea House and Barn together form the northern perimeter of the grounds and colonial garden,
creating a consistent historic aesthetic that shields the contemporary Visitor Center and creates an
entrance to the historic site through its doors.
The Tea House and Barn are contributing resources in The House of the Seven Gables National Historic
Landmark District.These conjoined structures were constructed by Joseph Chandler,under the direction
of Caroline Emmerton,which helped create the Colonial Revival open air historic site that persists today.
Originally,a smaller tea house was located on the site of the Tea House when restoration of the Turner
Ingersoll mansion began in 1910.After the Retire Beckett House was moved to the site in 1924,Caroline
Emmerton enclosed the northern boundary of the property with two new structures—a barn and shed
building—and connected them to the Retire Beckett House via an enclosed raised walkway.In her book
The Chronicles of Three Old Houses, she describes them:"At the northern end,a barn and shed,which
appear very ancient,serve to house the Tea Room.They are,however,only reproductions of the barn and
shed which once stood there and were built so that the Tea Room should be in harmony with its
neighboring ancient houses."The Tea Room offered patrons refreshment and a seat in the beautiful
seaside gardens.In 1994,a Visitor Center was constructed by removing the northern elevations of both
the Tea House and Barn and building off their structures to create a new entrance to the historic site,
complete with a lobby,conference room,modern bathrooms,and a small cafe/kitchen.
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Raised Enclosed Walkway
A wood frame enclosed second story walkway connects from the second story of the north elevation of
the Retire Beckett House to the southwest corner of the Barn's south elevation. This addition features a
gable roof clad in wood shingles and wood clapboard siding. Small 4-light windows are centered over the
arched opening on either side of the structure. The opening provides access between the interior
courtyard and the outside perimeter.The first story walls of the Retire Beckett House and the Barn are
exposed in the opening.
Barn
The one and one-half story wood frame Barn sits on a low foundation and is clad with vertical wide board
wood siding. The building's gable roof has a shallow reveal and was previously covered in asbestos
shingles,recently replaced with wood shingles. The roof ridge is capped in copper.Due to its connection
with the enclosed raised walkway and removal of its north elevation for the Visitors Center, only the
Barn's south and west elevations are fully exposed.Portions of the east elevations are partially visible.
South Elevation
The Barn's south elevation features an asymmetrical three bay arrangement with a central barn door
flanked by six over six double-hung wood windows that vary in size and placement. The window to the
left(west)of the door is shorter and narrower and is placed lower on the wall than the right(east)
window. Both windows have projecting sills but no trim. The Barn's central bay is topped with an 11-
light transom window. Below the left half of the transom is a single operable hinged barn door that
features a smaller door inset. Both doors have cast iron strap hinges.
Other details on the south elevation include a V-style wood gutter lined with copper(a feature consistent
throughout the Gables complex)that drains into a single wood downspout located on the southeast corner.
A modern rectangular skylight is located on the western edge of the roof slope near the intersecting
roofline of the raised walkway structure.
East Elevation
The east elevation of the Barn features a multi-light wood window with molded trim located in the second
story under the gable. A small louvered vent sits above the window near the peak of the gable. Siding on
this elevation is vertical boards with a slight projection of the siding at the roof edge. Simple rake boards
complete this elevation.
West Elevation
The west elevation of the Barn features vertical siding.Fenestration on this elevation consists of two
symmetrically spaced 6 over 6 double hung wood windows in the gable. Each window has simple molded
trim and projecting sills. On the first story, four 6/6 double hung windows with sills only are arranged
asymmetrically with three of the windows grouped on the southern end of the elevation.
Tea House
Due to its connection to the Barn and removal of its north elevation for the Visitors Center, only the south
elevation and portions of the north elevation of the Tea House are fully exposed. Small portions of the
east and west elevations are visible. The Tea House connects to the east elevation of the barn slightly
south of the barn's gable ridge via a small gable roofed one story addition,which was added to the Tea
House when the Barn was constructed.The Tea House extends further to the east of the entry addition
where it terminates in a small gabled addition that is believed to have been constructed in ca. 1970,
possibly as bathrooms. The entirety of the Tea House is clad in wood clapboards with a narrow exposure
and no corner boards. The roofs are clad in wood shingles with copper ridge caps.
South Elevation
The Tea House begins with the gabled addition,which is 2 bays wide with a double entry door to the east
and a 6 over 9 double hung wood window with simple moulded surround and projecting sill on the west.
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The double wood doors feature upper glazed 9-lite panels with a single raised panel below. The east
elevation of this addition features a 6-light hinged wood casement window with 2 iron strap hinges.
The main portion of the Tea House is two stories tall and is capped by a shed roof with simple projecting
cornice that slopes to the north. Fenestration on this elevation features simple moulded surrounds with
projecting sills. The three bay fagade(south) features a recessed entry on the west bay flanked by a 4-light
casement window with two strap hinges. The entry consists of a single door with a 6-light glazed upper
panel and a flat panel of vertical boards below.A narrow infill of two panels of vertical boards completes
the opening. The top half of the doors could be swung open separately from the bottom and the infill
panel can be opened with the main door to make a wider entry to the interior.The entire entry is finished
with a simple flat board.The center bay features a 6 over 9 double hung wood window flanked by a 4-
light casement window to the west.The east bay consists of a single 6 over 9 double hung window. The
second story of the elevation contains two 4-light casement windows in the outermost bays to align over
window openings below.
The Tea House terminates in a one-story addition that projects forward to the south. The addition has a
gable roof with saltbox profile that ends in an integral lean-to on the north. There is no fenestration on the
west or south elevations of this addition.
East Elevation
The east elevation of the lean-to addition features two 6 over 9 double hung windows and a wood entry
door with 6-light upper panel that is covered by wood storm. A wood louvered vent is located in the gable
and a tall wood clapboard covered equipment enclosure projects from the roof's north slope.
North Elevation
The north elevation of the Tea House has three double casement windows on the west bays. The window
openings feature paired 4-light casements each with two strap hinges.
WHEREAS, due to their historical and architectural significance,the Building and the Property are a
contributing property to the Derby Waterfront Historic District,listed in the National Register of Historic
Places on May 17, 1976; as a contributing property to the House of the Seven Gables Historic District,
listed as a National Historic Landmark on March 29,2007; as a property within the Derby Street Local
Historic District established by the City of Salem on December 17, 1974; and as a property included in
the House of the Seven Gables Complex,certified as a Massachusetts Historic Landmark on June 9, 1970.
The Building is significant for the Colonial Revitalization of the property undertaken by philanthropist
Caroline Emmerton beginning in 1910, and is important to the public's enjoyment and appreciation of
Salem's architectural and historical heritage, and,as a property historically significant for its architecture,
associations, and/or archaeology. Historically significant for its architecture,associations and/or
archaeology,the Building and Property qualify for perpetual preservation restrictions under
Massachusetts General Laws, Chapter 184, Sections 31, 32 and 33; and
WHEREAS, Grantor and Grantee recognize the architectural,historic, and cultural values(hereinafter
"preservation values")and significance of the Building and the Property and have the common purpose of
preserving the aforesaid preservation values and significance of the exterior of the Building and the
Property; and
WHEREAS,the preservation values of the Building and the 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 for the Building Parcel
Exhibit B. Assessors' Parcel Map Detail of Parcel 41-0300
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Exhibit C. Set of nineteen(19)Baseline Photographs,March,2024 and one Google Maps photo
image,March, 2024,original archival prints and digital copies of which are on file with the
Commission.
WHEREAS, the Building are 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-Four Thousand Dollars($44,000)from the Community
Preservation Fund("Funds")was appropriated for the purpose of funding a grant for the replacement of
the roof of the Tea House and Barn and to repair gutters and downspouts; 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 and Property 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 the Act; and
WHEREAS,the Commission is authorized to accept preservation restrictions in the name of the City of
Salem and the Commission is a governmental body duly organized under the laws of the Commonwealth
of Massachusetts,including the General Laws, Chapter 40C and Chapter 40, Section 8D,authorized and
directed by the Grantee to manage the Property and Building burdened by such restrictions, consistent
with the provisions of the Act and to administer and enforce this preservation restriction;
NOW THEREFORE, for good and valuable consideration,the receipt of which is hereby acknowledged,
the Grantor does hereby irrevocably grant and convey to the Grantee in gross in perpetuity this Restriction
over the Property and exterior of the Building to be administered,managed and enforced by the
Commission.
1.Purpose: It is the Purpose of this Restriction to assure that,the architectural,historic, and cultural
features of the exterior of the Building will be retained and maintained forever substantially in its current
condition or in a restored condition approved by the Commission for preservation purposes and to prevent
any use of or change to the Property or the exterior of the Building that will significantly impair or
interfere with the preservation values of the Building or Property 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 herein by reference.
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b. any other act that may be harmful to the historic preservation of the structural integrity or 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 not
contained in a receptacle for that purpose 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�,hts 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 views 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).
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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 and two copies of
information(including plans, specifications, and designs where appropriate)identifying the proposed
activity with reasonable specificity. In connection therewith,Grantor shall also submit to the Commission
a timetable for the proposed activity sufficient to permit the Commission to monitor such activity. Within
sixty(60) days of the Commission's receipt of any plan or written request for approval hereunder,the
Commission shall certify in writing that(a)it approves the plan or request,or(b)it disapproves the plan
or request as submitted,in which case the Commission shall provide Grantor with written suggestions for
modification or a written explanation for the Commission's disapproval.Any failure by the Commission
to act within sixty(60)days of receipt of Grantor's submission or resubmission of plans or requests shall
be deemed to constitute approval by the Commission of the plan or request as submitted and to permit
Grantor to undertake the proposed activity in accordance with the plan or request submitted, so long as
the request sets forth the provisions of this section relating to deemed approval after the passage of time,
provided that nothing herein shall be construed to permit Grantor from undertaking any of the activities
prohibited hereunder.
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;
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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,Grantor may,with prior written
consent of the Commission, alter,demolish,remove or raze the Building, and/or construct new
improvements on the Property, and 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
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.
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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: The House of the Seven Gables Settlement Association
115 Derby 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.
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.
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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,the preservation of building 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 interest 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.
9
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. Archaeolo Acal 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).
10
29.Prior Restrictions: Grantor and Grantee acknowledge that as of the date of this Agreement the
Property is subject to the following Restrictions:
a. A perpetual Preservation Restriction Agreement held on the Property by the Commonwealth
of Massachusetts by and through the Massachusetts Historical Commission and recorded with
the Essex South Registry of Deeds on November 18,2004 in Book 23643,Page 290;
b. 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 Essex South Registry of Deeds on April 1, 2016 in Book 34818, Page
185 (hereinafter the"MHC Agreement");
c. A perpetual Preservation Restriction Agreement held on the Property by the City of Salem by
and through the Salem Historical Commission and recorded with the Essex South Registry of
Deeds on November 30,2016 in Book 35488,Page 292.
30. Subordination: Grantor agrees that in addition to complying with the restrictions contained in this
Agreement,Grantor will continue to comply with the restrictions contained in the MHC Agreement, as it
may be amended from time to time. Grantor and Grantee agree that this Agreement 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 the requirements of these restrictions,
the Grantee shall defer to the demands and requirements set out by the Massachusetts Historical
Commission.
11
IN WITNESS WHEREOF,the Grantor sets its hand and seal this day of ('+0 6 -(-,2024.
By:
GRANTOR:
The House of the Seven Gables Settlement Association
Elizabeth McKeigue
President
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. ��"
On this 7f day of +�,uu .2024,before me,the undersigned notary public,personallya eared_
E ' h McKeigue,proved to me through satisfactory evidence of identification,which was a current driver s
licens (a current U.S.passport)(my personal knowledge of the identity of the principal),to be c e 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 President,The House of the Seven Gables Settlement Association.
Notary PublicT). 11knur Bevilacqua
My Commission Expires:
Notary Public
ommonwealth of Massachusetts
mmission Expires April 17,2026
QA�
Christ h Hale
Trea r r
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. 1,,
On this j day of Y�V 2024,before me,the undersigned notary public,personally app-c=d- __
C hristopher Hale,proved to me through satisfactory evidence of identification,which was(a current driver's
license)(a current U.S.passport)(my personal knowledge of the identity of the principal),tome perso wtwhose
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,The House of the Seven Gables Settlement Association.
� Ilknur Bevila
Notary Public cqua
My Commission Expires: Notary Public
Commonwealth of Massachusetts
My Commission Expires April 17,2026
12
ACCEPTANCE BY THE SALEM HISTORICAL COMMISSION
r L:
7r
�t
urence Spang,duly authorize
Chair, Salem Historical Commissio
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this_&_day of—)?�p e,,%2024 before me,the undersigned notary public,personally appeared
Laurence Spang,proved to me through satisfactory evidence of identification,which was-(&-eufrent-
ar> vne iiee fi o (a r„rr „+r T C Pa6s Amy 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 Pub
My Commission Expires: H 0
Aimee L LaPointe
* Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires
May 18,2029
13
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 09/12/2024 ,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
Lq-14-7--
e Simons
City Clerk
The undersigned hereby certifies that the foregoing preservation restrictions have been approved and
accepted by the City of Salem
Do�ninick P, gallo
Mayor
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
IA_
II--
On this lb day of ,2024,before me,the undersigned notary public
appe�Iedge)
' Ilene Simons, roved to me through satisfactory evidence of identification which my personal
know )f the identity of the principal,to be the person whose name is signed on the preceding or
ai ac document,and acknowledged to me that s/he signed it voluntarily for its stated purposes as Clerk
of the City of Salem.
Maureen Elizabeth Fisher
Notary Public
'. COMMONWEALTH OF MASSACHUSETTS Notary Public
t.;i,,,� My Commission Expires M Commission Expires:
July 15,2027 ;
Y 1?
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this ZIP day of 2024,before me,the undersigned notary public,personally
.,appeared,Dominick P�qi allo, roved to me throu h satisfactory evidence of identification,which was
p g
my persona i.owledg)of the identity of the principal,to be the person whose name is signed on the
preceding or attache ocument,and acknowledged to me that she signed it voluntarily for its stated
purposes as Mayor of the City of Salem.
Notary Pubic
Maureen Elizabeth Fisher My Commission Expires:
utNotary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires
July 15,2027
14
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
I
�(itv�ryj•��
Brona Simon
Executive Director and Clerk
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this a0}"day of 2024,before me,the undersigned notary public,personally
appeared Brona Simon proved to me through satisfactory evidence of identification, which was(e-current
dr-iy�e ) ( )(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.
A o 00
s Notary PublicIL
_
My Commission Expires: = * �
JOSHUA N. DORIN P�;•
Notary publicq�131 OF�pg�
Commonwealth of Massachusetts i''�ti0�••.......
My Commission Expires "ho uIoW
September 15, 2028
15
EXHIBIT A
The land with the buildings and improvements thereon, located on a portion of premises known
and numbered as 113 and 115-117 Derby Street, Salem, Essex County, Massachusetts, as owned
by The House of Seven Gables Settlement Association(being also known as City of Salem
Assessor's Parcel 41-0300 on Map No. 41) and being Parcels 6, 7, 8, 9, 11, 12 and 13 as shown
on the attached sketch plan, and more particularly described as follows:
Parcel 6:
A parcel of land and any buildings or improvements thereon situated on Turner Street further
bounded and described as follows:
EASTERLY by Turner Street, sixty-nine (69) feet;
SOUTHERLY by land formerly of Susan Ingersoll, eighty-three (83) feet, six(6) inches;
WESTERLY by land formerly of Phippen, sixty-nine (69) feet,ten(10) inches; and
NORTHERLY by land formerly of the estate of Bowditch, eighty-one(81) feet, six (6)
inches.
Being the same premises conveyed to Caroline O. Emmerton by Deed of George H. Shattuck, et
ux, dated February 20, 1913, recorded with the Southern Essex County District Registry of
Deeds in Book 2197, Page 550. This property was subsequently given and bequeathed to The
House of Seven Gables Settlement Association by the Will of Caroline O. Emmerton, Essex
County Probate and Family Court Case Docket No. 202581.
Parcels 7, 8 & 9•
The land in Salem, together with the buildings and improvements thereon, off of Turner Street
and shown as Lots A and B on a plan entitled"Land of Caroline O. Emmerton, Salem, Mass."
dated December 1936, Thomas A.Appleton, C.E., said Plan is filed with the Southern Essex
County District Registry of Deeds as Plan No. 180 of 1936, and recorded with the Deed of
Caroline O. Emmerton to The House of Seven Gables Settlement Association, dated December
30, 1936,recorded as said Registry in Book 3098, Page 361.
These parcels are further bounded and described in the deed as follows:
LotA:
Beginning at a point on the westerly line of Turner Street at a point five (5) feet south of the
intersection of the southerly line of Turner Hall and said street line, thence running southeasterly
by Turner Street about one hundred and forty-three (143) feet, thence running southwesterly as
the fence stands ten and eighty-seven hundredths (10.87) feet, thence running southeasterly as
the fence stands forty-two and thirty-seven hundredths (42.37) feet to the face of the sea wall,
thence running southwesterly by the sea wall about eighty-five(85) feet to the corner of said
wall, thence running northwesterly by said sea wall sixteen and ninety-seven hundredths (16.97)
feet to an angle in said wall, thence running northwesterly, slightly more westerly, as the fence
stands about fifty-six and one-half(56 '/2) feet, thence running southwesterly as the fence stands
16
thirteen and eight tenths (13.8) feet, thence running northwesterly in a straight line which passes
through a point just five (5) feet easterly of the northeasterly corner of the Becket House, so-
called, a distance of about one hundred and four and one-half(104 I/2) feet to a point five (5) feet
southerly of the southerly side of the Shop or Tea Room, so-called, thence running northeasterly
nearly easterly on a line five(5) feet from and parallel to the southerly side of the Shop or Tea
Room, so-called, and continuing in the same straight line about sixty(60) feet, thence running
northwesterly nearly northerly on a line parallel to and five(5) feet easterly from the easterly end
of said Shop or Tea Room, so called, about twenty-eight and one-half(28 1/2) feet to a point five
(5) feet southerly from the southerly side of Turner Hall, so called, thence running northeasterly
nearly easterly on a line parallel to said Turner Hall about thirty-five (35) feet to Turner Street
and the point of beginning. Containing approximately seventeen thousand two hundred and
twenty(17,220) square feet of land. Together with all of the right, title and interest of the grantor
in and to the flats appurtenant to the lot herein described and lying between the southerly line of
the lot herein described and low water mark.
Lot B:
Also another parcel of land adjoining the above described lot and shown as Lot B on the Plan
above referred to and bounded and described as follows: Beginning at the northeasterly corner of
the lot above described at a point on the westerly line of Turner Street five (5) feet southerly of
the intersection of the line of the southerly side of Turner Hall and the line of said Turner Street,
and thence running southwesterly parallel to and five(5) feet distant southerly from the side of
said Turner Hall about thirty-five (35) feet to a point, thence running northwesterly nearly
northerly on a line which is five(5) feet easterly from and parallel to the easterly side of the
Shop or Tea Room, so called, five tenths (0.5) feet,thence running southwesterly nearly westerly
on a line which is approximately halfway between the two buildings known as the Shop or Tea
Room and Turner Hall, a distance of about fifty-three(53) feet, thence turning at a right angle
and running northwesterly about ten and five tenths (10.5) feet, thence running southwesterly
nearly westerly on a line five(5) feet northwesterly from and parallel to the northerly side of the
Shop or Tea Room, so-called, about thirty-one (31) feet to a fence, thence running northwesterly
by said fence and in a continuation of the same about twenty-three (23) feet to a fence, thence
running northeasterly by a fence about thirty-five and five tenths (35.5) feet to a point on the
southwesterly line of Turner Hall, thence running northwesterly by Turner Hall about ten(10)
feet to a point about one and five tenths (1.5) feet northerly from the corner of said building,
thence running northeasterly about seven (7) feet to a point on the northerly line of said Turner
Hall,thence running northwesterly nearly northerly by a fence about five (5) feet, thence running
northeasterly about seventy-five (75) feet to a point on the westerly line of Turner Street, thence
running southeasterly by Turner Street about fifty-two (52) feet to the point of beginning.
Containing approximately five thousand one hundred seventy(5,170) square feet of land.
The above referenced deed conveyed portions of Lot 7 and 8, and all of Lot 9 to the House of
Seven Gables Settlement Association. The remaining portions of Lots 7 & 8 were granted and
devised to the House of Seven Gables Settlement Association by the Will of Caroline O.
Emmerton, Essex County Probate and Family Court Case Docket No. 202581.
17
Parcel 11:
The land in Salem, together with any buildings and improvements thereon, bounded and
described as follows:
WESTERLY by Hardy Street, sixty-four(64) feet and ten (10) inches;
SOUTHERLY by land now of formerly of Real, ninety-eight (98) feet and nine(9)
inches;
EASTERLY by land formerly of James Everson, sixty-five (65) feet,three (3) inches;
and
NORTHERLY by land of Rowell, ninety-eight(98) feet, three(3) inches.
Being the same premises conveyed to Caroline Osgood Emmerton by Deed of S. Herbert
Wilkins, et al, dated July 13, 1908, and recorded with the Southern Essex County District
Registry of Deeds in Book 1926, Page 349. This property was subsequently given and
bequeathed to The House of Seven Gables Settlement Association by the Will of Caroline O.
Emmerton, Essex County Probate and Family Court Case Docket No. 202581.
Parcel 12
The land in Salem, together with any buildings and improvements thereon, bounded and
described as follows:
WESTERLY by Hardy Street, fifty (50) feet;
NORTHERLY by land now or formerly of Pingree and Archer, about ninety-six(96) feet;
EASTERLY by land now of The House of Seven Gables Settlement Association, and
formerly of Caroline O. Emmerton, fifty (50) feet; and
SOUTHERLY by land now of The House of Seven Gables Settlement Association and
formerly of Caroline O. Emmerton, about ninety-six (96) feet.
Being the same premises conveyed to Caroline O. Emmerton by Deed of S. Herbert Wilkins, et
al, dated August 30, 1922, and recorded with the Southern Essex County District Registry of
Deeds in Book 2525, Page 540. This property was subsequently given and bequeathed to The
House of Seven Gables Settlement Association by the Will of Caroline O. Emmerton, Essex
County Probate and Family Court Case Docket No. 202581.
Parcel 13
The land in Salem, together with any buildings or improvements thereon,bounded and described
as follows:
Beginning at the southwest corner of said premises, thence running:
NORTHERLY forty-six (46) feet by Hardy Street, thence running
EASTERLY about ninety-four(94) feet by land of the late Nathaniel Phippen to land
now or late of Hutchinson;thence running
18
SOUTHERLY forty-seven (47) feet, nine (9) inches by land now or late of Hutchinson
and of Ingersoll, now or late to land of Rowell; thence running
WESTERLY by land of Rowell to the point begun at.
Being the same premises conveyed to Caroline O. Emmerton by Deed of David Pingree dated
May 28, 1913, and recorded with the Southern Essex County District Registry of Deeds in Book
2214, Page 205. This property was subsequently given and bequeathed to The House of Seven
Gables Settlement Association by the Will of Caroline O. Emmerton, Essex County Probate and
Family Court Case Docket No. 202581.
19
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EXHIBIT B
Parcel Map
41 13
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22
EXHIBIT C
Baseline Photographs
All Photos by City of Salem staff, March, 2024, unless otherwise specified.
23
• `- .., rid �_
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Photo#1:Aerial view of the Gables complex-Google Maps, March, 2024
24
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Photo#2:View of enclosed raise walkway connecting the Retire Beckett House to the barn and shed
building—East elevation
25
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Photo#3:View enclosed raised walkway- East elevation
26
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Photo#5:View of door on barn and shed building—South elevation
28
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Photo#7:View of Tea House entry—South& East elevation
30
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Photo#10:View of Tea House Fapde —South & East elevation
33
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Photo#12:View of door to Tea House,Turner Street Fagade — West elevation
35
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Photo#13:View of Tea House Turner Street Fagade — West elevation& Northwest corner
36
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Photo#14:View of Tea House- Northwest corner
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Photo#15:View of Tea House Fagade — North elevation
38
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Photo #16:View of Tea House Fapde — North elevation &connection to Visitor Center building
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• . . #18:View of Tea House Hardy Street Fagade —West elevation
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Photo#19:View of Raised Entry Walkway, Hardy Street—West elevation
42
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; 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.
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.
43
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.
44