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48 BRIDGE STREET - ZBA r= _ ---� 4 � � �� I �v Legal Rotice —� CITY OF SALEM BOARD OF APPEAL 7459595 Ext.381 Will hold a public hearing for all persons interested in the petition sub- mined by LEWIS LEGON seeking a. Special Permit per Section 8-5 to allow existing non-conforming 1 offices to be Converted to six(6) resi- dential units for the property located at 48 BRIDGE STREET R-2. Said hear- ing will be held on WEDNESDAY NOVEMBER 15,2006 at 6:30P.M.,120111111 Washington Street 3RD FLOOR, 1 ROOM 313. SEEE NOVEMBER 1 &8,2006 Nina Cohen,Chairman SN—11/1,1 W06 i Lyman Estate HISTORIC 18 5Wal Lyman Street Waltham, MA 0245z-5645 NEW ENGLAND tel 781.89=•4882 fax 781.893.7832 Defining thepast.Shaping thefuturn www.HistoncNewEngland.org March 13, 2007 RECEDED Nina Cohen, Chair MAR 1 5 2007 c/o Daniel Merhalski Zoning Board of Appeals DEPT.Of PLANNING& City of Salem COMMUNITY DEVELOPMENT 93 Washington Street Salem, MA 01970 Re: 48 Bridge Street—Petition for Special Permit Dear Chair Cohen: As you are aware, Historic New England holds a property interest in 48 Bridge Street by virtue of preservation restrictions and a right of entry in the deed by which it(as SPNEA)conveyed title to the predecessor of the current owner,Children's Friend. I was informed today by the current owner that a new prospective buyer plans to convert the building into three or four rental units. Because the proposed plan requires Zoning Board of Appeals (ZBA) approval, I am writing to request that Historic New England be notified if and when a petition is filed regarding 48 Bridge Street. During the interim, Historic New England intends to discuss the proposed plans with the buyer so that we can convey a position regarding the potential impact of the plans on the protected exterior and interior features at the scheduled ZBA meeting. Sincerely, /0VAA '' �� Wendy L. Price,Team Leader Historic Preservation cc: Jonathan Bockian, Esq. Barbara Cleary, President, Historic Salem, Inc. Carl R. Nold, President and CEO, Historic New England P>es0, by the Society for the Preservation of New England Antiquities Lyman Estate HISTORIC 185 Lyman Street NEW ENGLAND Waltham, MA 02452-5645 Preserved by[be Society for rbe Dfningthe pat.Shapmg theruktre. Preservation ofNew England Amipuies Nina Cohen, Chair Zoning Board of Appeals City of Salem 93 Washington Street Salem, MA 01970 - s b Lyman Estate eet HISTORIC Wal Lymantham, MAA 02 1 Wal Lyman NEW ENGLAND tel 78r.891.4882 fax 781.893.7832 Defining thepast.Shaping thefuturn www.HistoricNewEngland.org November 14, 2006 9 Nina Cohen, Chair 1E) Zoning Board of Appeals NOV 15 2006 City of Salem 93 Washington Street DEPT. OF PLANNING& Salem, MA 01970 COMMUNITY DEVELOPMENT Re: 48 Bridge Street—Petition for Special Permit Dear Chair Cohen: I am writing on behalf of Historic New England, formerly the Society for the Preservation of New England Antiquities (SPNEA), to request a continuance of Agenda Item#5 [Petition of Lewis Legon requesting Special Permit to allow existing non-conforming offices to be converted to six (6) residential units for the property located at 48 Bridge Street—R-2 District] scheduled for the November 15, 2006 Zoning Board of Appeals meeting. Historic New England holds a property interest in 48 Bridge Street by virtue of preservation restrictions and a right of entry in the deed by which it(as SPNEA)conveyed title to the predecessor of the current owner. Historic New England's approval is necessary for the proposed alterations,but we have not been notified by the current owner or the prospective buyer regarding plans to convert the building into condominium units. We were unaware until this morning of the Special Permit application and, from speaking with Daniel Merhalski of the Salem Planning Office, I understand the petition did not contain any reference to the preservation restrictions. Historic New England requests that this agenda item be continued until the December 20th meeting in order to give us time to discuss the proposed plans with the new buyer of the property. At the present time, we have insufficient information to convey a position on this petition regarding the potential impact of the plans on the protected exterior and interior features of the property. Sincerely, n� Wendy L. Price, Team Leader Historic Preservation cc: Jonathan Bockian, Esq. Barbara Cleary, President, Historic Salem, Inc. Carl R. Nold, President and CEO, Historic New England Pr evtedby the Society for the Preservation of New England Antiquities i (� \e Joe- G%tdp Lyman Estate,The Vale HISTORIC 185 Lyman Street NEW ENGLAND Waltham, MA 02452-5645 Defining tbepeuASImpingthefusum (781) 891-4882 ext, 227 Fax: (781) 893-7832 To: Jane Date: 11/15/06 Fax#: (978)745-7461 Pages: 5 (including cover page) From: Wendy Price Subject: Woodbridge House—48 Bridge Street,Salem,MA Td WHSS:60 900? ST '^ON ?£82. 268 TBL. 'ON XHd MUiS3 NHWA-I H3NdS WOW SOCIETY FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES FURTHER NOTICE OF A RIGHT OF ENTRY FOR CONDITION BROKEN THE NBRIDGE ST HOUSE BK 11772 PG 53 48 BRIDGE STREET SALEM, MASSACHUSETTS 03i09�/93 10:38 Inst 13$ KNOW ALL MEN BY THESE PRESENTS that the Society for the Preservation of New England Antiquities ( "SPNEA" ) , a Massachusetts Charitable Corporation, incorporated by Chapter 336 of the Acts of 1910, as amended by Chapter 258 of the Acts of 1976 , with a principal place of business at 141 Cambridge Street , Boston , Massachusetts , HEREBY GIVES FURTHER NOTICE OF A RIGHT OF ENTRY FOR CONDITION BROKEN pertaining to land with the building thereon known as the Woodbridge House at 48 Bridge Street in Salem, Essex County, Massachusetts , being more particularly bounded and described as follows : SOUTHEASTERLY by Bridge Street sixty—nine (69 ) feet and six (6) inches ; SOUTHWESTERLY by March Street one hundred ( 100) feet ; NORTHWESTERLY by land now or formerly of Murray, about sixty—eight ( 68) feet ; and NORTHEASTERLY by land now or formerly of Welch and others , one hundred (100) feet . Or however otherwise said premises may be bounded , measured or described , and be. all or any of said measurements more or less . Being the same premises conveyed to SPNEA by Cornelia McLanahan Curtis and others , Executors , by deed dated June 8, 1938 , recorded with said Registry in Book 3152 , Page 329 . SPNEA' s Right of Entry for Condition Broken was created in its deed to the North Shore Children' s Friend Society, dated July 25 , 1955 , which is recorded with the Essex South District Registry of Deeds (the "Registry" ) , in Book 4189 , Page 285; and further reserved in a Statement Pursuant to Massachusetts General. Laws Chapter 260 Section 31A Relative to a Right of Entry recorded with the Registry in Book 5129 , Page 277 . Said Right of Entry for Condition Broken states in pertinent part : (a) that the building now standing on said land be preserved and maintained in substantially the same architectural tradition as heretofore except for such changes as the Director or other chief administrative officer of the Grantor may from time to time in writing approve , which approval shall not be withheld in case of moving of interior walls or partitions necessary for efficient use of space for corporate purposes of the grantee and not weakening the structure; and ,'' aINAL REFERENCE REGIL�L )� INAI REFERENCE REG?`.. .. I ' /aa.7 L;�.,� cS � PAGE ,� 1:._JK PAGE—_ 5 Ed WUSS:60 900E SZ '^ON Z£8L 268 SOL : 'ON XHd 3101S3 NBW,II H3NdS W06A BK 117 1 PG54 NOTICE PAGE 2. (b) that the Grantee shall within one year from the date hereof commence use of said premises for its corporate purposes , and thereafter occupy the same continuously for said purposes . Upon any default in these conditions or either of them , the Grantor may enter upon said premises and repossess the same as of the Grantor' s former estate and expel the Grantee and all persons claiming by, through or under the Grantee . THIS FURTHER NOTICE OF A RIGHT OF ENTRY FOR CONDITION BROKEN is signed by the President and Treasurer of SPNEA, each of whom is empowered to act on behalf of SPNEA. SPNEA declares to its best knowledge that the Owner of the subject parcel described within is the Children' s Friend and Family Service Society of the North Shore, Incorporated , a Massachusetts corporation , successor to said North Shore Children' s Friend Society, by consolidation pursuant to Massachusetts Acts of 1963, Chapter 251 , and votes duly recorded with said Registry on July 16, 1963, in Book 5082, Pages 143-44 . SPNEA declares that the Right of Entry for Condition Broken described in said deed, and held by SPNEA, continues to benefit the public and charitable purposes of SPNEA, which include the preservation of New England sites and structures historically significant for their architecture, archaeology or other associations . EXECUTED UNDER SEAL this 10 day of N kh7l2er 1992 . THE SOCIETY FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES By: Nermand.01K Smith, II President For authority see vote recorded herewith. By. IOU" G or ins. Macdonald r urer 2d WH9S:60 9003 ST '^oN 3282 268 S8Z : 'ON XHd 3iHiS3 NHW I H3NdS WOad BK 11772 P6 n NOTICE PAGE 3. COMMONWEALTH OF MASSACHUSETTS Suffolk, as . 1992 Then personally appeared the above-named Normand F. Smith III , as aforesaid , and acknowledged the foregoing FURTHER NOTICE OF A RIGHT OF ENTRY FOR CONDITION BROKEN to be..his free act and deed and the 'free act and deed of the. S.ac:aiety' for the Preservation of New England Antiquities , ;bef'ox0':me.,, Notary Public'•:; My commission expires: IM1 ceaoa.aen Wra Dmmbw 22,1"A COMMONWEALTH OF MASSACHUSETTS Suffolk, ss . 18 � � , , 1992 Then personally appeared the above-named Georgina Macdonald, as aforesaid , and acknowledged the foregoing FURTHER NOTICE OF A RIGHT OF ENTRY FOR CONDITION BROKEN to be her free act and deed and the free act and deed of the Society for the Preservation of New England Antiquities , before me , C otary Public,' ° . '"' My commission expires : - � ': VY l"armmicsioh gxPltW CPc+Mh4or 23.1994 ,. .•. 7d WU9S:60 900E ST 'ncN EfBL 268 T8L 'ON XHd 3iH1S3 NUWA7 UENdS W06J Society Harrison Gray Oris House for the Pre 141 Cambridge Street servation Boston, Massachusetts 02114 of New England 617 227.3966 Antiquities 11772 F(62% S6 Resolution of Vote tom A Yt At a regularly scheduled meeting of the Board of Trustees of the Society for the Preservation of New England Antiquities , held on Wednesday, November 18, 1992 , at the Harrison Gray Otis House in Boston, Massachusetts , upon motion duly made and seconded, it was unanimously VOTED; Resolved by this vote that the Trustees authorize Normand F. Smith III, President , and Georgina Macdonald, Treasurer , to execute any and all documents necessary to record a FURTHER NOTICE OF A RIGHT OF ENTRY FOR CONDITION BROKEN with the Essex South District Registry of Deeds pertaining to the Woodbridge House , so called , located at 48 Bridge Street , Salem, Massachusetts . The intent of said Notice is to alert subsequent owners to the existence of an SPNEA RIGHT OF ENTRY FOR CONDITION BROKEN reserved in a deed from SPNEA to the North Shore Children' s Friend Society, dated July 25 , 1955 , which is recorded with the Essex South District Registry of Deeds , in Book 4189 , Page 285; and further reserved in a Statement Pursuant to Massachusetts General Laws Chapter 260 Section 31A Relative to a Right of Entry recorded with said Registry in Book 5129 , Page 277 . AT'T ST Sd WHLS:60 9002 SS '^oN 2!£8L 268 SOL : 'ON XHd SiUS3 NHW,II H3NdS W021d FROM : SPNER LYMAN ESTATE FAX NO. 7B3 B93 7832 Nov. 14 2006 01:57PM PI HISTORIC Lyman Estate,The Vale 165 Lyman Street NEW ENGLAND Waltham,MA 02452-5645 (781) 891-4882 Pn+B > Fax: (781) 893-7832 To: Nina Cohen, ZBA Chair Date: November 14,2006 c/o Daniel Merhalski Fax# (978)740-0404 Pages: 2 From: Wendy L.Price,Team Leader Historic Preservation Subject: 48 Bridge Street,Salem,MA Lyman Estate 12:23 FAX 978 745 3389 TINTI QUINN GROVER FREY. 9 001 TINTI , QUINN , GROVER & FREY , P . C . FACSIMILE TRANSMITTAL SHEET TO FROM: Dan Scott Grover,Esquire COMPANY: DATE: City of Salem Zoning Board of Appeals 1/17/07 FAX NUMBER: TOTAL NO.OP PAGES INCLUDING COVER, 978-740-0404 2 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 978-745-9595 RE YOUR REFERENCE NUMBER: 48 Bndge Street Salem,MA 01970 ❑URGENT FOR REVIEW ❑PLEASE COMMENT PLEASE REPLY ❑PLEASE RECYCLE NOTES/COMMENTS: Dan: As attached. Scott This telecopy is attomey-client privileged and contains confidential information intended only for the persons)named above. Any other distribution,copying or disclosure is strictly prohibited. If you have received this telecopy in error,please notify us immediately by telephone,and return the original transmission to us by mail without making a copy. 222 ESSEX STREET SALEM, MASSACHUSETTS 07970-3705 TELEPHONE (978) 745-8065 - TELEFAX (978) 745-3369 Q)1/17707 12:24 FAX 978 745 3369 TINTI QUINN GROVER FREY. 16002 TINTI, QUINN, GROVER & FREY, P.C. 222 ESSEX STREET SALEM,MASSACHUSETTS 019703705 WILLIAM J.TINTI TELEPHONE WILLIAM B.ARDIFF(1%5.1995) ti.tWtintilaw.com (978)745$065 • (978)7442948 WILLIAM F.QUINN MARCIA MULFORD CINI Wil1iamFQuinn@m1xom TELECOPIER a CDUN� (978)7453369 SCOTT M.GROVER www.dntilow.wm smgro ff@dntilaw. o MARC P.FREY mpfrey®tintilaw.mm MARCY D.HAUBER mhauhwrftntilaw.wm January 17,2007 Nina Cohen, Chair Zoning Board of Appeals City of Salem 120 Washington Street Salem, MA 01970 Re: 48 Bridge Street,Salem, MA Dear Ms. Cohen: I am writing to request leave to withdraw the Petition of Lewis Legon with respect to the above referenced property. Thank you for your cooperation. Very tru yours, Grover SMG/dlg Cc: Lewis Legon Wendy Price Joseph Correnti, Esquire MAP 36 LOT 192 MAP 36 CHARLES KOULOURIS MAP 36 LOT 195 MAP 36 LOT 194 LOT 193 LAMBROS KOULOURIS BRIAN & MARY O'KEEFE AYSER ELAMIN 46 BRIDGE ST. .. ELEANOR TAMWO 3 RICE ST. 1 RICE ST. 5-7 RICE ST. p• ------, 140 .I r I MAP 36 LOT 191 _ I AREA = 9681 t S.F. 'O w 2. mp ® ® ® 31 1 - I H I � I y g MAP 36 LOT 190 Y SEAN GEYER m "' PA NG N6A 6 MARCH ST. w I � � ® 8 ® ®. W I � 2 m 9 9 9 9 N l � 140' MARCH STREET PLOT PLAN OF LAND 48 BRIDGE STREET SALEM PREPARED FOR LEWIS LEGON t SCALE 1" = 20' OCTOBER 12, 2006 NORTH SHORE SURVEY CORPORATION 14 BROWN ST. - SALEM, MA #2812 MAP 36 LOT 192 MAP 36 CHARLES KOULOURIS MAP 36 LOT 195 MAP 36 LOT 194 LOT 193 LAMBROS KOULOURIS BRIAN & MARY O'KEEFE JAYSER ELAMIN 46 BRIDGE ST. t ELEANOR TAMILIO 3 RICE ST. 1 RICE ST. 5-7 RICE ST. 2• g, g, 9, -----_, 140 1 MAP 36 LOT 191 AREA = 9681 t S.F. i2 w 9,t w 2. p ® ® O ®I I � I y e MAP 36 LOT 190 ` _ �E SEAN GEYER `� P" G i 6 MARCH ST. `O w t I ® 8 ® ®. _ I � z m 12• �— F--� 140' in MARCH STREET PLOT PLAN OF LAND 48 BRIDGE STREET SALEM PREPARED FOR LENS LEGION SCALE 1' = 20' OCTOBER 12, 2006 NORTH SHORE SURVEY CORPORATION 14 BROWN ST. — SALEM, MA #2812