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Legal Notice
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CITY OF SALEM
BOARD OF APPEAL
978-7459595,Ext.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by JOHN KEILTY, ESQUIRE
requesting a Variance from lot size,
frontage, density per dwelling unit and
height to create two lots and con-' 1
struct 4 units on the new lot for prop- I
erty located at 69 Boston Street R-2.
Said hearing will be held on Wednes-
day,
ednesday,March 16,2005 at 6:30 p.m,120
Washington Street, 3rd floor, Room i
313.
Nina Cohen,Chairman _
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 f '�`_,•��
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
V
MAYOR FAX: 978-740-9846 �^�
7
O
DECISION OF THE PETITION OF GEORGE VANCOTT, TRUSTEE REQUESTING
A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 69
BOSTON STREET R-2
A hearing on this petition was held on April 20,2005 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair,Nicholas Helides and
Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Variance from lot width, lot size,number of stories, side yard
setback, front yard setback and use restrictions to subdivide the lot and construct a four-
family residential building for the property located at 69 Boston Street R-2
The provisions of the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is Section 5-3 0),which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permit for alterations and reconstruction of nonconforming
structures,and for changes, enlargement, extent expansion of nonconforming lots, land,
structures,and uses,provided,however,that such change extension, enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms,this Board is,when reviewing Special Permit request may be
granted upon a finding by the Board that the grant of the Special Permit will promote the
public health, safety, convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioner.
DECISION OF THE PETITION OF GEORGE VAN COTT, TRUSTEE
REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY
LOCATED AT 69 BOSTON STREET R-2
page two
C. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or
of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Petitioner, through his attorney John Keilty Esq. of 40 Lowell Street, Peabody
seeks variances to subdivide a 12,000 sq. ft. residential property at 69 Boston
Street. The purpose of the subdivision is to develop a four-unit condominium on a
portion of the lot and convey the remainder to a local preservation group, Historic
Salem Inc. to allow the group to undertake restoration of an existing histories
house at its own expense.
2. Historic Salem Inc. (HSI) identified the residence at 69 Boston Street, known as
the Pope house, as an endangered property in 2003. It was build around 1740 and
occupied by members of Salem's Quaker community. In recent years the
structure was neglected. A report on the present condition of the Pope house
prepared for HSI by John Wathne of Structures North Consulting Engineers
concludes that the house is salvageable and is a contextually significant structure
that could continue to serve as a residence with proper repairs and weather
protection.
3. Dimensional variances are requested for both lots. The proposed four-unit
residential condominium requires a five-foot variance from front setback on the
Putnam Street property line and a three feet variance from side setback on the
eastern property line. The proposed subdivision also requires lot size and lot
width variances for both lots. The Putnam St. parcel, Parcel 2, would be 7804 sq.
ft in area with a lot width of 64 ft, and the Boston St. parcel, Parcel 1, would be
4205 sq. to. In area with a lot width of 70 feet.
4. Petitioner also seeks a variance to allow the condominium to be three stories tall.
Because there is no vehicular access from Boston Street both properties will be
entered from Putnam Street.
5. Finally, petitioner needs a variance pursuant to Art. D{, Section 9-5 (a) to enable
him to develop 4 residential units in an R-2 district. As grounds for the variance,
petitioner contends that the preservation of the historic structure requires
development of the adjacent lot.
DECISION OF THE PETITION OF GEORGE VAN COTT, TRUSTEE
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 69 BOSTON STREET R-2
page three
6. Petitioner submitted a parking plan for the residential units on both lots. Under
Petitioner's plan, six spaces belong to the condominium residents and two are
deeded to the Pope House residents. A parking easement and a historic
preservation restriction pursuant to M.G.L. c 184 will be conveyed to HIS along
Parcel 1. Petitioner further agreed to make a donation to HSI of$15,000 towards
the restoration project, to be delivered at the closing and prior to the issuance of a
building permit.
7. In order to develop the property, petitioner will reconstruct a concrete masonry
retaining wall along the dividing line between Parcels 1 & 2, not exceeding
four feet in height, which will have a visible course of brick for its entire length
and height. Petitioner agreed to build a staircase to allow access from Parcel 1 to
Parcel 2, so the Pope House residents can access the parking area.
8. The project has the support of the Ward 4 neighborhood association and of
several neighbors, who signed a petition. In consideration of the neighbor's
wishes, petitioner agreed to impose a residential requirement upon the owners of
the four condominium units, which will be memorialized in the condominium
operating agreement and communicated to every prospective buyer.
9. Petitioner also agreed to review drainage conditions on the site with the Planning
Board and the City Engineer and to install storm water runoff measures to ensure
that water runoff from the condominium on Parcel 2 flows towards Putman St.
and is collected in a City catch basin, or whatever other arrangement may be
required by the City Board or official with jurisdiction over such matters.
10. On or about April 21, 2005, petitioner executed an agreement with the
representatives of HSI, which is incorporated by reference herein. In
furtherance of the goal of preserving the Pope house on Parcel 1 and in
accordance with the terms of the agreement, petitioner aggress immediately to
secure the Pope house against further weather damage by installing a temporary
roof. The Petitioner's failure to install a sufficient temporary roof or to
complete any one of the conditions set forth above or any conditions set out in
the agreement with HSI will constitute failure to fulfill the conditions under
which this variance is granted.
On the basis of the above findings of fact, and on the evidence presented at the hearing
the Zoning Board of Appeal concludes as follows:
1. Special conditions do exist which especially affect the subject property but not the
district in general.
DECISION OF THE PETITION OF GEORGE VAN COTT, TRUSTEE
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PORPERTY
LOCATED AT 69 BOSTON STREET R-2
page four
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The relief requested can granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the ordinance.
5. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested with the following conditions.
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction
5. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain proper street numbering from the City's Assessor's Office
and display said numbers as to be visible from the street.
7. Petitioner shall obtain approval from any City Board's or Commission having
Jurisdiction, but not limited to the Planning Board.
8. Petitioner shall comply with the Purchase and Sales Agreement.
9. Petitioner shall convey$15,000 to Historic Salem Inc. at the point of sale.
10. Condominium on Parcel 2 shall be owner occupied and written into the condo
Documents.
I 1 Petitioner shall prepare storm water runoff plan with the City's Engineering
Department and Planning Board.
12 Petitioner shall install rolled roofing to replace blue plastic tarp subject to
approval from John Warne, Structural Engineer
13. Petitioner shall create a solid retaining wall faced in;ohen,
k. /
VARIANCE & SPECIAL PERMIT Nina Chairman qr A41,
GRANTED APRIL 20, 2005 Board of Appea
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING
BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General laws Chapter 40A, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the
Certification of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that it has been dismissed or denied is recorded
in the South Essex Registry of Deeds and indexed under the name or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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RESIDENTIAL DENSITY RFGIJLKnONS R-
SITE PLAN MINIMUM LOT AREA( � 151000
MINIMUM LOT AREA PER DWELUNG UNIT(SQUARE FTEI) 7,500
SW f- 2D' MINIMUM LOT MOTH (FEET) 100
MINIMUM LOT COVERAGE BY ALL BUILDINGS (1 ERCE M 35
MINIMUM DEPTH OF FROM YARD (FEET) 15
MINIMUM WIDTH OF SIDE YARD (FEET) 10
MINIMUM DEPTH OF REAR YARD (tTg - 30
MA)UMUM HEIC>fiT OF BUILDINGS(FEET) 35
MAAMUM HEIGHT OF BUILDINGS (STORIES) 212
MAAMUM HEIGHT OF KNCES90UNDAAY WALLS (FEET) 6
MINIMUM DISTANCE MWEEN BUILDINGS ON LOT ffn 30
69 BOSTON STREET, SALEM MASSACHUSETTS
GEORGE VAN COTT OWNER
GUNDERSEN ASSOCIATES, ARCHITECTS 1 FEBRUARY 2005
March 14 2005
Salem Zoning Board of Appeals
Attn: Sally Murtagh, Clerk
121 Washington Street, 3`d Floor
Salem, Massachusetts 01970
RE: 69 Boston Street
March 16, 2005 Hearing
Dear Members:
The undersigned, having been contacted as an abutter or resident of the
immediately surrounding Boston Street and Putnam Street neighborhoods, do hereby lend
support to the Petition of the developer, the 69 Boston Street Realty Trust,to subdivide
the existing lot for the purpose of constructing a new four unit residence on the Putnam
Street side of this existing lot and the dedication by way of a gift of the existing historic
Samuel Pope House on Boston Street to the non profit corporation, Historic Salem, Inc.
for preservation and development.
In connection with the same the undersigned has reviewed a copy of the Petition
on the file with the Board of Appeals, together with the developer's first and second
proposed site plans, and although the undersigned would support either plan, preference
is for the second plan, as the second plan will eliminate and/or reduce any need for
blasting.
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2
PURCHASE AND SALE AGREEMENT
This agreement made thiwZ!7d of April 2005
1. PARTIES
George M. Vancott, Trustee of the 69 Boston Street Realty Trust under a
Declaration of Trust dated March 23,2004 and recorded with the Essex South
District Registry of Deeds, Book 22549, Page 15,with an address c/o Michael M.
McArdle Esq.,204 Lafayette Street, Salem, Massachusetts 01970, hereinafter the
Seller, agrees to sell and
Historic Salem, Inc., a Massachusetts charitable corporation with an address of 9
North Street, Salem, Massachusetts 01970, hereinafter called the Buyer, agrees to
buy, upon the terms hereinafter set forth, the following described premises:
2. DESCRIPTION
The land and building known as and numbered 69 Boston Street, Salem,
Massachusetts, as approximately shown on the sketch plans attached hereto as
Exhibits A-1 and A-2 (the "Premises"),which Premises comprises a portion of the
11,900 square foot shown on Exhibit A-1,which is to be subdivided by the Seller, at
Seller's expense, on a plan to be recorded with the Essex South Registry of Deeds.
For Seller's title see deed of Peter Copelas Jr. dated March 23, 2004 and recorded
with the Essex South District Registry of Deeds, Book 22549, Page 12. The
remaining Seller's land is hereinafter referred to as the "Adjoining Land").
3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES
Omitted
4. TITLE DEED
Said premises are to be conveyed by a good and sufficient Quitclaim Deed of title in
fee simple running to the Buyer, or to the nominee designated by the Buyer by
written notice to the Seller at least seven days before the deed is to be delivered as
herein provided, and said deed shall convey a good and clear record and marketable
title thereto, free from encumbrances, except
(a) provisions of existing building and zoning laws;
(b) such taxes for the then current year as are not due and payable on the
date of the delivery of such deed;
(c) any liens for municipal betterments assessed after the date of this
agreement.
1
S. PLANS
If said deed refers to a plan necessary to be recorded therewith, the Seller shall
deliver such plan with the deed in form adequate for recording or registration.
6. REGISTERED LAND
If the title to the premises is registered, said deed shall be in form sufficient to entitle
the Buyer to a Certificate of Title of said premises, and the Seller shall deliver with
said deed all instruments, if any, necessary to enable the Buyer to obtain said
Certificate of Title.
7. PURCHASE PRICE
The agreed purchase price for said premises is Two and 00/100 Dollars ($2.00) of
which
$1.00 has been paid at the time of the execution hereof, and
$1.00 are to be paid at the time of delivery of the deed by bank,
bank treasurer's or cashier's check(s)
$2.00* TOTAL
* Buyer acknowledges that Seller intends to make tax deductible gift of the land and
improvements at market value as determined by Seller and Buyer shall have no
responsibility or obligation regarding the valuations of same and will provide Seller
with tax exempt note for reporting services.
P g
8. TIME FOR PERFORMANCE
Such deed is to be delivered at 12:00 o'clock P.M. on or before the 16`h day of May
2005 at the Essex South Registry of Deeds or as otherwise extended by Agreement
or such other location as Buyer's counsel may require in Essex County, provided
q ty,
that all necessary approvals are obtained from the City of Salem with any appeal
periods having expired, including,without limitation, the approval by the City of
Salem Planning Board of the subdivision of Premises as indicated on Exhibit A-2, by
endorsement or approval on a recordable plan, and the granting of such relief as
may be necessary from the City of Salem Zoning Board of Appeals for a four unit
condominium on that portion of the Premises to be retained by the Seller and that
portion of the Premises conveyed to the Buyer. It is agreed that time is of the essence
of this agreement.
9. POSSESSION OF THE PREMISES
Full possession of said premises free of tenants and occupants, as well as all personal
property is to be delivered at the time of the delivery of the deed, said premises to be
2
then in compliance with the provisions of any instrument referred to in clause 4
hereof. The BUYER may elect to inspect the property within 48 hours prior to
transfer with reasonable notice to the SELLER.
10. EXTENSION TO PERFECT TITLE
If the Seller shall be unable to give title or to make conveyance, or to deliver
possession of the premises, all as herein stipulated, or if at the time of the delivery of
the deed, the premises do not conform with the provisions hereof, the Seller shall use
reasonable efforts to remove any defects in title, or to deliver possession as provided
herein, or to make the said premises conform to the provisions hereof, as the case
may be, and thereupon the time for performance shall be extended for a period of
thirty (30) days.
11. FAILURE TO PERFECT TITLE
If at the expiration of the extended time the Seller shall have failed so to remove any
defects in title, deliver possession, or make the premises conform, as the case may
be, all as herein agreed, then, at the Buyer's option, any payments made under this
agreement shall be forthwith refunded and all other obligations of all parties hereto
shall cease and this agreement shall be void without recourse to the parties hereto.
12.BUYER'S ELECTION TO ACCEPT TITLE
The Buyer shall have the election, at either the original or any extended time for
performance, to accept such title as the Seller can deliver to the said premises in
their then condition and to pay therefor the purchase price without deduction, in
which case the Seller shall convey such title.
13..ACCEPTANCE OF DEED
The acceptance of a deed by the Buyer or its nominee as the case may be, shall be a
full performance in discharge and release of every agreement and obligation herein
contained or expressed, except such as are, by the terms hereof, to be performed
after the delivery of said deed.
14. USE OF PURCHASE MONEY TO CLEAR TITLE
To enable the Seller to make conveyance as herein provided, the Seller may, at the
time of delivery of the deed, use the purchase money or any portion thereof to clear
the title of any or all encumbrances or interests, provided that all instruments so
procured are recorded simultaneously with the deed other than institutional
mortgages which may be recorded thereafter in accordance with customary
conveyancing practice.
3
15. INSURANCE
Until the delivery of the deed, the SELLER shall maintain insurance on the
premises against loss by fire or casualty.
16. ADJUSTMENTS
Water and sewer use charges, and taxes for the current year shall be apportioned
and fuel value shall be adjusted, as of the day of performance of this agreement and
the net amount thereof shall be added to or deducted from, as the case may be, the
purchase price payable by the BUYER at the time of delivery of the deed.
17. ADJUSTMENT OF UNASSESSED AND ABATED TAXES
If the amount of said taxes is not known at the time of the delivery of the deed, they
shall be apportioned on the basis of the taxes assessed for the preceding year,with a
reapportionment as soon as the new tax rate and valuation can be ascertained; and,
if the taxes which are to be apportioned shall thereafter be reduced by abatement,
the amount of such abatement, less the reasonable cost of obtaining the same, shall
be apportioned between the parties, provided that neither party shall be obligated to
institute or prosecute proceedings for an abatement unless herein otherwise agreed
to.
18. BROKER'S FEE
Not Applicable
19. BROKER'S WARRANTY
Not Applicable
20. BUYER AND SELLER WARRANTIES AS TO BROKER
Buyer warrants and represents to Seller and Seller warrants and represents to
Buyer that it has not dealt with any broker or other person entitled to a broker's
commission in connection with the negotiation or execution of this Agreement or the
consummation of the transaction contemplated hereby and each agrees to hold the
other harmless and indemnify the other against all damages, claims, losses, and
liabilities, including legal fees, incurred by the other, arising out of or resulting from
the failure of its representation and warranty. This provision shall survive the
closing hereunder.
4
21. DEPOSIT
All deposits made hereunder shall be held the Seller subject to the terms of this
agreement, provided however, that in the event of any disagreement the Broker may
retain said deposit pending instructions in writing mutually given by the Seller and
the Buyer.
22. BUYER'S DEFAULT DAMAGES
If the Buyer shall fail to fulfill the Buyer's agreements herein, all deposits made
hereunder by the Buyer shall be retained by the Seller as liquidated damages, and
said amount so retained shall be Seller's sole remedy at law and in equity for said
breach.
23. FINANCING
Omitted
24. LIABILITY OF TRUSTEES, SHAREHOLDER, BENEFICIARY ETC.
If the Seller or Buyer executes this agreement in a representative or fiduciary
capacity, only the principal or the estate represented shall be bound, and neither the
Seller or Buyer so executing, nor any shareholder or beneficiary of any trust, shall
be personally liable for any obligation, express or implied, hereunder.
25. SELLER DOCUMENTS AT CLOSING
Seller agrees to execute at closing such instruments as are customarily executed by
sellers including a settlement statement and an affidavit and indemnification to the
Buyer's title insurance company and Buyer's lender (if any) in form and content
normally and reasonably adopted by said title insurance companies, including but
not limited to indication that there are no persons in possession of the premises and
indemnifying the title insurance company against claims of workmen and
materialmen under statutory liens, all as of the date of delivery of the deed.
26. BUYER ACCESS
From and after the date of this agreement, Seller agrees to permit Buyer and its
designees, upon reasonable notice, access to said premises for the purpose of making
measurements, inspections, and the like. Any premises access by Buyer or its agents
shall be at the sole risk of said Buyer and/or its agents, and Buyer shall hold Seller,
its agents, and its insurers, harmless for any damage or injury incurred while
accessing said premises. Once a temporary doorway and lock is installed and Buyer
receives a key or combination thereto, Buyer's access shall be unlimited, without the
necessity of notice to Seller.
5
27. NOTICES
All notices required to be given hereunder shall be in writing and deemed duly
given when delivered or mailed, postage prepaid, to the addresses first set forth in
paragraph 1 above, or when sent by Telefax, if to Buyer, to the Buyer's attorney,
Peter R. Merry Esq. (Telefax No. 978-741-4255), and if to Seller, to Seller's attorney,
Michael M. McArdle Esq. (Telefax No. 978-744-5144).
28. LEAD PAINT ACKNOWLEDGMENTS
Buyer acknowledges receipt of the Department of Public Health Property Transfer
Notification and understands the Seller and Broker have made no representations
or warranties express or implied, as to the lead paint content of the property. Buyer
takes full responsibility for compliance with all laws relating to same (and in
particular Mass. General Laws Chapter 111, Section 197). Buyer will assume the
burden of cost for all tests, costs, and compliance arising therefrom.
29. SMOKE DETECTORS/BUILDING SECURITY
The Seller shall forthwith and prior to closing equip and maintain in and upon the
vacant structure on the within described premises with (a) all the necessary tight
and fitted plywood and/or such other barrier materials so that'access by vandals or
strangers is denied or rendered unlikely except by the use of extraordinary means;
(b) required fire alarm and intrusion alarm system as set forth in State Building
Code with certificate of approval from Salem Building Inspector and Fire Marshall
or such other municipal inspectors including alarms maintained with an outside
electrical source as may be required; and (c) Seller shall furnish Buyer with
Certificate of Approved Installation from the local fire department to the extent
available or required by law for such vacant structure under renovation and
without a certifj to of occupa y no later than the time fgr�performance GZ-i 7
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30. CONSTRUCTION OF AGREEMENT
This instrument is to be construed as a Massachusetts contract, is to take effect as a
sealed instrument, sets forth the entire contract between the parties, is binding upon
and inures to the benefit of the parties hereto and their respective heirs, successors,
and assigns, and may be cancelled, modified or amended only by a written
instrument executed by both the Seller and Buyer. The captions are used only as
matter of convenience and are not to be considered a part of this agreement or to be
used in determining the intent of the parties to it.
6
31. WARRANTIES AND REPRESENTATIONS
The Buyer acknowledges that it has not relied upon any warranties or
representations by Seller not incorporated in this agreement.
32. TITLE STANDARDS
Any matter or practice arising under or relating to this Agreement which is the
subject of a title standard or practice standard of the Real Estate Bar Association
for Massachusetts at the time of the delivery of the deed shall be governed by said
title standard or practice standard to the extent applicable.
33. SELLER WORK PRIOR TO CLOSING
Seller shall not later than March 15, 2005 and continuing until closing take the
following steps reasonably necessary to preserve the building on the Premises until
closing:
• The building shall be adequately secured to prevent unlawful or forced entry. A
plywood door with a key or a combination lock shall be installed and maintained
until closing.
• The building envelope will be adequately secured against the entrance of water
and snow. All material openings in the roofs,walls, and foundation will be
secured from weather with weatherproofing.
• Ventilation will be maintained to allow air circulation to allow the house to dry
and remain dry. Such louvers as are necessary to meet the requirement will be
installed by Seller and maintained.
• The structure and the premises will be cleared of all debris. All linoleum and
other non-wood coverings, if any,will be removed. If plywood subfloors cover
structurally adequate subfloors, the plywood should be removed from the floors.
Anything that unreasonably retains or causes the structure to retain moisture or
dampness will be removed.
• Safety concerns of front steps and open stairway to second floor will be
adequately repaired.
• Such other reasonably and necessary preservation steps as may be disclosed or
discovered during Buyer's access period prior to closing.
7
34. RETAINING WALL, STAIRS AND PARKING
The description of the Premises in paragraph 2 hereof notwithstanding, Buyer and
Seller acknowledge the following: a) that, if and as necessary, a proper retaining
wall (consisting of poured concrete, of one (I') to three (3') feet in height with
necessary three (3') foot iron railing and brick shelving) shall be constructed
approximately along the boundary between the Premises and the Adjoining Land as
approximately shown on Exhibit A-2, the cost of construction of which shall be the
responsibility of the Seller, and the cost of maintenance of which shall be shared
equally between Buyer and Seller and their successors in interest to the adjoining
properties pursuant to an agreement to be executed by Buyer and Seller and
recorded with the Essex South Registry of Deeds, either as part of the deed in fee by
including the two adjoining parking spaces to be provided by Seller to Buyer in the
Premises conveyed (the "Two Parking Spaces"), or as a separate recorded
agreement, and Buyer shall have the right to select approved brick facing material
for retaining wall, subject to Seller's approval as to a reasonable price, to be
purchased and installed at Seller's expense; b) that Seller shall grant to Buyer, as
appurtenant to the Premises, an easement running with the land for the exclusive
use of the Two Parking Spaces on the Adjoining Land as indicated on Exhibit A-2,
consisting of the two (2) horizontal parking spaces nearest to and parallel to the
proposed boundary line and the retaining wall, together with the right of vehicular
access and egress from said Two Parking Spaces to a public way over a
driveway/parking area to be designated by Seller over the Adjoining Land, said
Two Parking Spaces and driveway/parking area as approximately shown on Exhibit
A-2, and to be constructed by and at the expense of the Seller("Parking and Access
Easement") and c) that stairs shall be constructed at Seller's expense through the
retaining wall leading from the Premises to the Two Parking Spaces for the use of
Buyer and Buyer's successors and/or assigns in availing themselves of the benefit of
the Parking and Access Easement. Once constructed, the cost of maintenance of the
stairs shall be the responsibility of the Buyer.
35. DRAINAGE
Prior to closing, Seller shall utilize the services of a registered professional civil
engineer to determine the intended drainage pattern with respect to the Adjoining
Land, and disclose to Buyer said intended drainage pattern, and the manner and
extent to which drainage from the Adjoining Land will impact the Premises.
Buyer's proposed drainage plan utilizing only the Adjoining Land and a tie-in to
Putnam Street is attached hereto in three (3) additional pages as part of Exhibit A-2,
excepting that the catch basin will be relocated from under Buyer's designated
parking area closer to the proposed structure on Seller's land. Seller shall
incorporate into said plan what is reasonably necessary to maintain the integrity of
the retaining wall. To the extent that Buyer and Seller concur that the impact of
drainage from the Adjoining Land is substantial, Buyer and Seller shall cooperate
in solving the drainage situation to their mutual satisfaction, including, if, and as
necessary, the conveyance of a drainage easement from Buyer to Seller to connect
8
into Boston Street drainage, provided, however, that any channeling, by way of
culvert, or otherwise, of said drainage shall be at Seller's sole expense, with any such
drainage to be installed below grade and any disturbed land to be returned to its
original condition with said drainage connected to the storm drain on Boston Street.
36. LAND DISPOSITION AGREEMENT
Buyer and Seller shall enter into a mutually acceptable Land Disposition Agreement
("LDA") governing the respective use of the Premises and the Adjoining Land,
including, but not limited to any necessary easements and/or design review
covenants in order to insure the compatibility of the structures and uses on the
Premises and the Adjoining Land. The executed LDA shall be recorded
simultaneously with the deed at the Essex South District Registry of Deeds.
37. MUNICIPAL APPROVAL OF SELLER PROJECT
Any language to the contrary herein notwithstanding, Seller's performance
hereunder is conditioned upon Seller obtaining final approval from the City of
Salem Zoning Board of Appeals for its proposed four(4) unit condominium in
substantial conformance with the layout is set forth in Exhibit A-2, as well as
endorsement or approval, as applicable, from the City of Salem Planning Board, of
a recordable plan indicating.the Premises and Adjoining Land as separate lots.
38. CONSTRUCTION ACCESS
It is the intent of the Buyer and Seller to engage in construction projects of the
premises and adjoining land within the same time frames of this spring and summer
2005 and that contractor access will proceed on a cooperative basis from Putnam
Street.
39. COOPERATIVE SUPPORT FOR PROJECT
Buyer and Seller shall use best efforts to obtain written and participant support for
the April 20, 2005 ZBA meeting from Neighborhood Associations and individuals in
the Boston Street neighborhood.
40. PROJECT DELAY PROVISION
If Buyer or Seller's projects are unreasonably delayed, the parties will cooperate to
utilize joint resources in collaborative efforts to ensure that projects are being built
out at approximately the same time frame.
41. BUYER HISTORIC GUIDELINES FOR DEVELOPMENT OF PREMISES
Buyer will be setting historic guidelines controlling the restoration of both the
exterior and limited areas of the interior of the dwelling structure on the Premises.
9
Buyer shall make these guidelines available to Seller and in the event Seller has an
interest in acquiring the Premises, Seller's proposal shall be given due consideration
along with any other proposals.
Executed under seal tt s of April 2005
BUYER SELLER
Historic Salem, Inc.
George . Vancott, Trustee aforesaid
71f7 j:,
MLLti♦Ll /t, .`/L9xb�f.
10
MORTGAGE INSPECTION • I of I
E=.Y STA-E SI:RvEYING a5500;A7ES [Nr- JOB
C� CJ�cIlL^:GS ,.�"ITER, SUI?E x31E '. BE:'ERLY.Ma.. CiS?5
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LOCATION :....-..fit./,a',M. M.!1 I./............... 1)This Is a mongage Inspection survey and not an
SCALE r 1" _ 9� DATE ....... _ Ins!rument survey,therefore chis plot pian Is ter
.. : ."...�z.'.. m019age Inspection purposes Only.It Is NOT to
be Webb 10 establish boun0arlw er eor the
REFERENCE
K 9�3 �l : 130 canstrVCtton of any type of Improvements.
: . .. :.' ................a.........-......
EasE 5J)Thissurvey Is basednarks
anoymOthers.
"""""•"'• ...... •-•�•l��r..... 7)Bushell,shrvbe,fences aa and pee lines do do not
i •.... necessarily Implicate propertyIlnes.
TO: !.`
l r a)Whenever an offset is 1'f•or Ilii Jn Instn ri._ .�.C. T''� . �+'02 $An/l5 survey is recommended to determine property
ha location of the oW101nBs a9 shown, either lines,and any pGSIGIe encrOJehmenls.
c:m ind wBh the Illel-Om,mg semacks at the time of 5)Offset&shown are approximate,and are to be
elnlhVcdan ore exempr from violatlan enrorcemem used only for the delerminetlon of Zoning,Neill
anion under Mase.G Tlae VII Chapter dee Scaion 7 be used to establish property lines.
6)In my profes:lanel opinion the bullding(o)are not
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. CONCRETE: 4,000 PSI MINIMUM AFTER 28 DAYS.
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AR-14-2005 00:08AM FROM-Structures North 19787456067 T-643 P.001/003 F-880
STAUGOAS
NOAH
March 14, 2005 CONSULTING
ENGINEERS,
INC.
Historic Salem, Inc.
9 North Street
Salem, MA 01970
97&7444538
Attention: Meg Twohey
Reference: 69 Boston Street
Structural Condition
Dear Meg:
On Monday, March 7 1 visited 69 Boston Street In Salem to perform a general,
"due-diligence" visual inspection of the building's structural framing. The
following is a summary of my findings and recommendations observations.
Noted Conditions and Recommendat/ons:
Interiar:
• The stone foundation appears to be in a generally sound condition,
considering its age and construction We. Some minor repointing and
localized repairs are necessary.
• The exposed first floor framing over the partial basement appears to be In
sound condition.
• The bottoms of many of the wall studs are rotted or have been attacked bjy
wood-boring insects-others have had their bottoms removed and replaced
with dimensional lumber cripples and nailed, partial-length scabs, or are
missing completely. All rotten stud materlal should be removed and
cripples added below the cut-0f/porVans that remaln. 7riese should be
laterally stand by full-length sisters, as should be the existing cripples
wlth partial length scabs. Missing studs should be replaced In all cases,
the exterior sheeth/ng should be dlrsedypalled to the now cripples, s/sters
and replacement studs to provide a sufllclant support for the exterior skin
as well as to lateraV brace the studs.
P.O. Box 8560/60 Washington Street, Suite 401 -Salem, Massachusetts 01971
Voice (978)745.6817*.Fax (978) 745.6067
www.structureS.north.com
1 - MAR-14-2005 09:0SAM FROM-Structures North 19787456067 T-643 P.002/003 F-880
Structures North 69 Boston Street
March 14,2005 SaWn4 MA
• A major portion of the perimeter sill around the house is extensively rotted
and must be replaced.
• The damage that has occurred to the sill and to the bottoms of several
posts has caused the structure to settle downward unevenly. An attempt
should be made to lift the structure as this repair work is being done.
• Several of the primary timber posts have been devoured by termites and
cannot be saved, particularly toward the rear of the structure. A few
others have damage that is limited to the posts lower foot or two. The
most damaged posts must be removed and replaced with new timbers.
The posts with limited damage can be repaired by removing the bug-eaten
portions of the members and replacing these with new timber dutchmen
that are hall-lap or scarf/ointed to the remaining timbers.
• The end of at least one of the second floor, interior summer beams is
rotted and/or termite-eaten, along with the ends of several of the second
floor joists. These should be sistered and/or dutchman-repaired,
depending upon the extent of damage and the location. The most
extensive damage has occurred In the rear ell. Other than for these
conditions, the majority of the second floor framing in the main portion of
the structure is In serviceable condition.
• A relatively small percentage of the exposed floor and wall sheathing is
rot-damaged, particularly where water has freely entered the structure for
long periods of time, mostly along the perimeter and toward the rear of the
structure. This should be replaced with new boarding or plywood, where
not architecturally exposed.
• At least one of the roof rafter / attic tie girt connections is rotted, and
must be dutchman-repalred and/or gusseted. This can be seen from the
exterior. Other for this and some relatively minor roof purlln damage and
sheathing deterioration, the main roof structure looks good, The roof
rafter / attic tie girt connection must be dutchman-repaired and/or
gusseted and, the damaged purlins must be sistered, and the damaged
sheathing boards must be replaced.
• The roof purlins sag between the rafters due to the relatively small sizes of
the puriins. This Is a common condltion that does nor mean that the
structure is unsafe, only that the purlins deflect too much. The sagging
purlins should be sistered with new wood, and straightened if possible.
2
MAR-14-2005 09:09AM FROM-Structures North 19TO745606T T-643 P.003/003 F-880
. . - 5t
Matures North 69 Boston street
March 14,200s salcah MA
Exterior-
• The siding is missing from the main structure, south wall, and is disturbed
at the east wall, where It appears where there was once an attached
vestibule. Elsewhere, there are holes and gaps in the siding that allow
water to enter the structure. The siding should be repair
ed and the
structures weather-tightness restored. Damaged sheathing boards
should be replaced where encountered.
• The roof sags due to Interior conditions (noted above) but the structure is
generally ry Intact. The roof has been covered with a blue tarp, presumably
due to the poor condition of the roofing system which should be replaced.
• The main chimney's mortar parging is flaking off, meaning that water has
entered the masonry and Is freezing and shifting k. The top portion of the
chimney will likely need to be at least partially rebullt and reyoarged.
Other than for the conditions that have been noted above, the structure is in a
generally serviceable and salvageable condition and no worse than historic
structures with which we are Involved in
restoring a routine balls. With
proper repairs and weather protection, 89 Boston Street can continue to serve
as a residence for many years to come. Demolition would be an overreaction
to these conditions and would be an unfortunate and needless waste of an
otherwise restorable, and historically and contextually signigicant structure.
Thank you for the opportunity to investigate this interesting and historic structure.
Please note that the preceding is based upon a limited-scope site investigation
and upon purely visual Inspection and auditory-"sounding". Structures North
Consulting Engineers, Inc. cannot be held responsible for variations In conditions
that are uncovered during the actual completion of the recommended repairs that
may differ from the conditions that are noted above.
Please contact me if you have any questions or if we can be of further
assistance.
Respectfully yours
l�ArflAln � r
John M. Wathne, PE, President
Structures North Consulting Engineers, Ina `.
3