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0018 CROMBLE STREET � �6 vv�-b � e S�v-e-ems --_--- _ _ y 18 Crombie Street — Chronology of Events February 1988 Holyoke Insurance Company bought building and property for $170,000. April 1989 Salem Historic Commission Chair Annie Harris addressed SRA Board informing them of the potential of Holyoke filing for demolition of the structure. May 1990 Holyoke filed application with SRA to demolish building at 18 Crombie Street. (Members: Joan Boudreau- Chairman, Roland Pinault, Peter Fetchko, Paul L'Heureux and Gary Moore [later replaced by William Guenther]) November 1990 Application for Demo Delay Waiver filed with Historic Commission. Waiver denied. December 1990 Over 200 letters not to allow demolition were received by the SHC & SRA, mostly from Historic Salem, Inc. members. December 1990 DRB met and comments were allowed by citizens—DRB made no determination other than this is a policy issue that should be decided by SRA. February 1991 SRA hired independent engineer to review structure and estimate repairs. April 1991 Structural report completed and reviewed by SRA. i May 1991 Demolition Delay from SHC expires. May 1991 SRA denies demolition request. August 1991 Letter from Holyoke to Building Inspector requesting inspection of site in hopes of issuance of a demolition order. August 1991 Building Inspector declines to issue demolition order. October 1991 Holyoke files suit against SRA. February 1992 Holyoke appeals Building Inspector decision to State Appeals Board. February 1992 State upholds SRA decision. June 1992 State upholds Building Inspector decision. July 1992 Holyoke again appeals SRA& Building Inspector decisions July 1997 Superior Court judgement issued in favor of SRA& Building Inspector April 1999 Letter to SJU from John Keenan regarding present appeal by Holyoke, suggesting HSI become involved and move house to new location. AUG-01 -97 11 : 30 FROM: ID: PAGE 2 COPY COMMONWEALTH OE MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTIONS NO, 91-2352-A and NO. 92-0688-A HOLYOKE SQUARE,INC. V. SALEM REDEVELOPMENT AUTHORITY and HOLYOKE SQUARE,INC. v. STATE BUILDING CODE APPEALS BOARD, et al. FINpINGS RULINGS and ORDER FOR JiIDCMENT These two cases, tried together before the Court without a jury, involve the future of a simple, old house at 18 Crombie Street in the heart of the historic City of Salem, Massachusetts. The plaintiff, the house's present owner, believing it to be hazardous and beyond repair, wants to proceed with its demolition. The City of Salem, acting through its Redevelopment Authority, with encouragement from its Historical AUG-01 -97 11 : 30 FROM: 1D: PACE 3 2. Commission, wants the house preserved as a part of a Crombie Street historical district. The City's Building Inspector refuses to issue an order that the house be demolished; and the State Building Code Appeals Board supports that decision. The action against the Redevelopment Authority (the "SRA") is, for the most part, in the nature of certiorari. The plaintiff ("Holyoke Square") charges that the SRA's decision was in excess of its authority, unsupported by substantial evidence, arbitrary and capricious, and otherwise contrary to law. The claim involving the State Building Code Appeals Board (the "Appeals Board") and the Salem Building inspector (the "Inspector") is an appeal pursuant to G.L. c. 30A, sec. 14 from the decision of the Appeals Board supporting the Inspector, although it also raises certiorari issues and requests declaratory judgment relating to the supremacy of the determination of the Inspector over that of the SRA. (♦Ix1)INrS of FACT Holyoke Square, Inc. is a Massachusetts corporation doing business at Holyoke Square in Salem, Massachusetts. Holyoke Square is controlled by the Holyoke Mutual Insurance Company, a long-time, respected corporate citizen of Salem. The house at 18 Crombie Street is located at and on the northeast corner of a parking lot across Norman Street from Holyoke Mutual's principal place of business. Both the house and the parking lot are owned by Holyoke Square. AUC-01-97 11 : 30 FROM: ID: PAGE 4 The Salem Redevelopment Authority is a public authority corporate and politic, organized under the General Laws of Massachusetts. Crombie Street is located within the Heritage Plaza West Urban Renewal Plan promulgated by the SRA and, thus, both the street and the house at number 18 are, for certain purposes, within the regulatory jurisdiction of the SRA. The State Building Code Appeals Board is an administrative agency within the Massachusetts Executive Office of Public Safety. The Appeals Board is empowered by law to make regulations and to conduct adjudicatory proceedings relative to the interpretation of the State Building Code and related laws. The house at 18 Crombie Street is not located in any official historic district of the City of Salem such as those provided for in G.L. a` 40C; nor is the house a designated National Historic Register property under. 16 U.S.C. sec. 470, et seq. Crombie Street itself, however, is part of a National Register designated federal historic district, and 18 Crombie Street is considered part of the Crombie Street Historic District (the "District"). The National Register designation came about as a result of a 1979 request by the SRA to the Massachusetts Historical Commission. The request was granted on September 16, 1983, five years before Holyoke Square purchased the property at 18 Crombie Street. The Crombie Street Historic District is composed of the eight remaining buildings of this downtown residential enclave. The District includes a cross-section of residential buildings from various periods of AUC-01 -97 11 : 31 FROM! ID- PACE 5 4 development, along with a church originally built as a theater. The boundaries of the District include the six buildings that face Crombie Street -- including number 18 -- and two buildings at the west end of Barton Square, adjacent to Crombie Street on the west. Crombie Street was laid out in 1805 by Benjamin Crombie, proprietor of the "Sign of the Ship," a tavern that stood on Essex Street, east of his new street. Between 1805 and 1815, Crombie sold four house lots behind his tavern, as well as narrow strips of frontage on the street to other landholders to the west. only two of the houses standing today were built before Crombie sold the remaining property in 1819. The District, however, was still shown intact on the 1851 map of Salem. As the only surviving downtown residential group from the early 19th century, the houses on Crombie Street are said by Ute Massachusetts Historical Commission to provide important information . about the character of the City of Salem at that time. All the buildings directly abut the sidewalk, suggesting high density, but placement on the lots is irregular, creating a rural atmosphere. Wood is the dominant building material, although the church and one house -- called the Bowker House -- are brick, as is the Prince House that predates Crombic's activity. While the architectural quality within the District is said to be variable, three buildings clustered at its north end are all considered individually noteworthy. The Crombie Street Church, built as a theater in 1828, is the architectural highlight of the District. it is described as having monumental relieving arches on its facade that define its Ai1G-01 -97 11 . 31 FROM, ID, FACE 6 5 composition and suggest the Federal style, but the panelled detailing of the broad piers separating these arches, along with a pair of quadrant windows in the gable and wide corner pilasters, are suggested to introduce a newer Greek Revival influence. Neighboring the church stands the substantial Bowker House, built in the Federal style around 1810, it was "modernized" in 1860 by overlaid brimstone trimmings. The hybrid design of Bowker House is considered very successful, reinforcing the central importance of this house to the District. The Pierson House, facing Barton Square, is called an unusually graceful vernacular Italianate residence, typical of the residences that lined Barton Square in the mid-19th century. The house at 18 Crombie Street is a bit of an onion in a petunia patch. It is a quite small, two-story, gambrel-roofed, Georgian house, the origins of which are unknown. The house is believed to have been moved to the site in 1830 by James Butt. The end wall faces Crombie Street and contains three six-over-six windows, vertically aligned and centered on the wood-shingled wall. A narrow, simple framed doorway that crowds the right corner is believed to have been added when the house was moved to the site. A massive central chimney is readily visible from the street. A small ell with a shallow pitched roof extends to the left, set back fifteen feet from the front wall. The house at 18 Crombie Street is perhaps most historically useful as an example of how simple working people lived at the time. AUC-01 -97 11 . 32 FROM. to, - PACE 7 6 There is little evidence that persons of note ever resided there.) That latter point, to this Court, however, is of no moment. History benefits from an understanding of how everyone existed, not just the rich or famous. No persons "of note" are identified as having greeted the Mayflower when she landed at Provincetown, or later at Plymouth, buty, history certainly has been well served by knowing how and where those truly native Americans lived. Holyoke Square purchased 18 Crombie Street from the Naumkeg Trust Company, the latter acting as Trustee of the Frances H. Wendt Realty Trust, on February 16, 1988. The purchase price was $169,000. At the time of Holyoke Square's pgrchase, immediately adjacent to 18 Crombie Street on the south was, and still is, a parking lot, bounded by Crombie Street on the west and Norman Street on the south, owned by Holyoke Square. In the midst of the parking lot, on the east side, is a facility described as an auto laundry. Across Crombie Street from the parking lot is a small strip mall including a White Hen Pantry convenience store. Very little is left in the area making tip the Crombie Street District in light of the many past changcs approvcd by the SRA in and around the neighborhood. Those changes have included: demolition of a building at the corner of Essex and Washington Streets, leaving a vacant lot known as Lappin Park; demolition of a cafe and a diner on Norman Street, next to a Dunkin' Donuts, and construction of multi-level I The SRA offered some evidence that William B. Pike resided at 18 Crombie Street from 1,851 through his death in April. 1876. Mr. Pike was Collector of Ports for Salem and Beverly throughout President Buebanan's administration and is said to have been close friends of Nathaniel Hawthorne and President Pierce. The title history from 18o6, after the date of Crombie's purchase, describes auhaequent owners as: a merchant, a trader, a saddler, a chaise maker, a painter, a weigher and gauger, a physician, a carpenter, a widow, and a telephone answering service operator. AUC-01-97 1132 FROM, ID, PACE 9 7 residential housing in their place; demolition of a gasoline service station at the corner of Crombie and Norman Streets, and subsequent construction of a small strip mall and parking lot; renovation of the old Salem Theater, on Essex Street, and demolition of the buildings next door; and demolition of the buildings on the corner of Essex and Crombie Streets, and subsequent use of the land as a parking lot. After purchasing 18 Crombie Street, Holyoke Square explored possible uses by . it for the building. Included in its ideas were use as a conference center or as office space, however, consultation with experts in the building construction business quickly led Holyoke Square to the conclusion that the repairs that would be necessary to make the building useable were economically unfeasible. One source suggested that the building had a fair market value of $154,600 but would require the expenditure of an additional $113,100 to make the necessary repairs before the building would be habitable. Other cost estimates were even higher. In September, 1990, Holyoke Square received a report from DeMarcolJarek Partnership, architects and engineers in Salem with particular expertise in renovating and evaluating old and historic buildings. The DeMarcolJarek report catalogued numerous deficiencies found at is Crombie Street. Included were: serious problems with the roof; marginal condition, at best, of the principal chimney; peeling paint and rotting conditions on the exterior walls; electrical entrance cables in poor condition and rotting service cables; collapsing brick and block foundations on the front and left sides; wooden gutters rotting, and copper gutters improperly spaced too close to all fascias; downspouts in AJC-01 -97 11 . 33 FROM, ID, PACE 9 8 marginal condition; improperly sloped grading around the foundation; rear stairs rotting; thresholds rotting; all windows in poor condition; entry, doors not square; flashing around doors and windows in poor condition; foundation walls collapsing; evidence of insect damage; unlevel floors; loosened plaster throughout, electrical outlets in poor condition and limited in number; chimney flues in need of lining; sagging floors and ceilings; all plumbing in need of replacement; insulation in poor condition; and heating, plumbing, water and eletrical systems inoperative. Holyoke Square also presented evidence by Nucci Vine Associates, structural engineers, to the effect that the building is tilting over at the rate of 1/4" to 1/2" per year. Nucci ,Vine Associates opined that conditions of the foundation require reconstruction and repair to insure a safe and stable foundation structure prior to any occupancy of the house. R. Eric Rutnpf, of Rumpf & Associates, who originally advised the Inspector, testified that the structure falls substantially short of satisfying the generally safe and acceptable requirements of the Massachusetts State Building Code. The Court, with counsel and their experts, took a view of the premises at the time of the trial in April, 1997. In the course of the visit, concern was expressed that the upstairs flooring might not be able to support the weight of the visitors. The observations by the Court's untrained eye confirmed, in essentially all respects, the findings in the reports and testimony of Holyoke Square's experts. AUG-01 -97 11 . 33 FROM, ID. PACE 10 9 After concluding that demolition was its preferred alternative to attempting the extensive repairs neccessary at 18 Crombie Street, Holyoke Square, on May 28, 1991, appeared before the SRA, and a hearing was held on its application for permission to remove the building. Holyoke Square argued that it was too costly to renovate the property and that its plan was to create additional parking spaces for employees and ultimately landbank for future development. The SRA voted 4 to I to deny the application. Earlier, on April 12, 1991, the Salem Historical Commission voted against the demolition of 18 Crombie Street because of the Commission's belief that the property was an historically significant building within the District. The SRA's vote was premised on its consideration of the historical significance of the property, its view of the structural soundness of the building, and its general opposition to landbanking with no immediate plans for redevelopment. By letter dated August 5, 1991, Holyoke Square's architects formally notified the Inspector that "the building located at 18 Crombie Street is in a state of disrepair and if not corrected will pose a hazard to the well-being of pedestrians in the area." The architects' letter concluded with a recommendation "that your department conduct an immediate inspection of its own, and then issue an order to the Owner to remove the structure or make it safe, pursuant to M.G.L. Ch. 143, Sec. 6." On August 18, 1991, the Inspector and Holyoke Square's architect made an inspection of 18 Crombic Street. Shortly thereafter, on August 29, 1991, the Inspector declined to issue an order to Holyoke Square to remove the structure or make it safe. The Inspector concluded AUG-01 -97 11 , 34 FROM, 10. PAGE 11 lu that, "although this single family house has a number of problems, it has not deteriorated to the point of being a hazard to the public safety and welfare, and to order its demolition at this time would be premature." Holyoke Square appealed the Inspector's decision to the Appeals Board, and an adjudicatory hearing was held on February it, 1992. At the hearing Holyoke Square presented the reports of its experts concerning the condition of the house. On June 3, 1992, the Appeals Board issued a decision denying Holyoke Square's appeal and affirming the decision of the Inspector. Since the decisions noted above, nothing has been done to the property at 18 Crombie Street by Holyoke. Square other than boarding up the windows and blocking its entrance. Thus, the deterioration that comes with time moves inexorably, albeit slowly, forward. R11r.tNC;C OF I.A�C The Court, in making its rulings of law, will treat the two cases in the chronological order of their filing, which mirrors their evolution in the process. The Salem Redeveloom ng___t AMthorny Case ,This case involves issues surrounding the propriety of the action by the SRA, in May of 1991, when it voted to deny Holyoke Square's AUG-01-97 11 : 34 FROM, ID: PAGE 12 I1 application for permission to demolish the building at 18 Crombie Street. The SRA is a public authority organized pursuant to G.L. c. 121B, secs. 4, 9 and 11. As such, it developed the Heritage Plaza West Urban Renewal Plan in the City of Salem for the purpose of establishing standards and controls for the redevelopment and renewal of properties within its boundaries. The house at 18 Crombie Street is wholly within the boundaries of Heritage Plaza West. The legislative purpose of G.L. c. 121B is to promote sound community growth. BQston Redevelopment Authority v. Charles River Park "C" Comvanv, 21 Mass, App. Ct. 777,, 783 (1986). Included among the powers of the SRA within the Heritage Plaza West area is the oversight of demolition and removal of buildings and improvements. See G.L. c. 12111, sec. 46(b). This case principally is an action in the nature of certiorari under G.L. c. 249, sec. 4. It ties only where the petitioner, here Holyoke Square, has exhausted all administrative remedies. Carney v. Springfield, 403 Mass, 604, 605 (1988). In a certiorari case a court will correct only a substantial error of law, evidenced by the record, which adversely affects the material rights of the plaintiff, jd. In doing so, the Court may only rectify those errors of law "which have resulted in manifest injustice to the plaintiff or which have adversely affected the real interests of the general public." Id. I AUG-01-97 11 : 35 FROM: ID: PACE 13 12 Holyoke Square argues, and the Court agrees, that the scope of judicial review in an action in the nature of certiorari is whether there was substantial evidence to support the SRA's decision, citing Boston Edilon Co, v. Boston Redevelopment Authority, 374 Mass, 37, 47-54 (1977). See also Doherty v. RFtilement Board of Medford, 425 Mass. 130, 135 (1997); Benevolent and Pfotective Order of Elks v. Planning Board of Lawrence, 403 Mass. 531, 539-543 (1988). "Substantial evidence" is such evidence "as a reasonable mind might accept as adequate to support a conclusion." Jordan Marsh Co. v. Labor Rglalions Commission, 316 Mass, 748, 756 (1944). Under the substantial evidence test, however, a reviewing court is not empowered to make a dg novo determination of the facts, to make credibility choices, or to draw different inferences from the facts found by the agency. Doherty v. Retirement Board of Medford, UM, 425 Mass. at 135. - "When the contention is made that an agency has acted arbitrarily or capriciously, or that the agency had abused its discretion, . . . , the aggrieved party making the contention is fundamentally charging that the agency's decision forone one reason or another is unreasonable." Cella, Administrative Law and Practice, 40 M.P.S. sec. 1574. Although it is a close issue. this Court cannot, and does not, find that as a matter of law there was insufficient evidence in May of 1991 to support the SRA's decision or that it was abitrary or capricious in its conclusion to AUG-01 -97 11 = 35 FROM: IDS PAGE 14 13 deny the application to demolish the property at 18 Crombie Street.2 Although not part of a c. 40C historic district, it cannot be said that there wasn't ample evidence of historical interest in the property. Further, the Inspector had not then, nor has he now, found the property to be so dangerous as to order it demolished or repaired. Additionally, Holyoke Square's lack of a plan for the site, other than expanding a parking lot and landbanking, cannot be overlooked. Holyoke Square also poses the possibility that the SBA's action has the effect of an administrative taking of the 18 Crombie Street property because it prevents the preferred use thereof by its owner. The Supreme Judicial Court spoke on this subject just days ago. Its decision in Daddario v. Cane Cod Commission, 425 Mass. 411 (1997) provides the answer to why there is no administrative taking here. It said that [t]his court has repeatedly recognized that government regulations "may deprive an owner of a beneficial property use -- even the most beneficial such use -- without rendering the regulation an unconstitutional taking." . . . "Land use planning is not an all-or-nothing proposition. A government entity is not required to permit a landowner to develop property to [the] full extent he might desire or be charged with an unconstitutional taking of the property." . . That an alternative, permissible use might be less profitable is not determinative. Id. at 416-417 2 Holyoke Square contends, among other things, and the then Chair of the SRA seems to have conceded, that in voting to deny the application, the SRA applied a different standard of romunablencss to Holyoke Square's request because it was it corporation rather than an individual. The Chair admitted that the SRA fell that it would have a right to expect Holyoke Square to expend more money on restoration of the house than it would expect of an individual owner. This attitude by the SRA is to he condemned. All citizeap, rich and poor, corporate or individupl, come before the government with equal standing and are entitled by our Constitutions, State and Federal. to equal treatment. This Court will tolerate nothing less. Having stated its position, however, the Court still finds sufficient evidence to support the SRA's decision and concludes that its determination was not unduly affected by its improper assumption that it could expect more from a corporation than an individual. A6G-01-97 11 : 36 FROM: ID: PAGE is 14 raIl The ace ae �nct! ainst the Buildinjt�� the Statc Building Code Appeals Board The challenge to the decision of the State Building Code Appeals Board is governed by G.L. c. 30A, sec. 14. The Court is required to give due weight to the expertise, technical competence and specialized knowledge of the agency, as well as the discretionary authority conferred upon it. G.L. c. 30A, sec. 14(7). Similar, to the law applicable to the certiorari claim, the Court may not make a ft novu determination of the facts or draw different inferences than the agency. Vasnourakan. v Alcoholic Deveraj&s Control Commission, 401 Mass. 347, 351 (1987) Nor may it substitute its judgment for that of the board. Southern Worcester Regional School District v. Labor Relations Commission, 386 Mass. 414, 420-421 (1982). "1n the absence of clear error, the interpretation an administrative body gives to its own rule is entitled to deference." purity Sunrume. Inc. v. Attorney General, 380 Massa 762, 782 (1980). In challenging the Appeals Board's decision, Holyoke Square has the burden of demonstrating the invalidity of the Appeals Board's ruling, Faith Assembly of God v. State Building Code Commission, 11 Mass. App. Ct. 333, 335 (1981), and the Court must apply all rational presumptions in favor of the validity of the administrative action. Lone v. Commissioner of Public Safety, 26 Mass. App. Ct. 61, 65 (1988). The Appeals Board's decision is subject to reversal only if it is based On an error of law, is unsupported by substantial evidence, or is abitrary or capricious, an abuse of discretion, or otherwise not in AUG-01 -67 11 . 37 FROM: ID, PAGE 1B 15 accordance with law. Cella, Administrative Law and Practice, 40 M.P.S. sec. 1567. Holyoke Square contends that the Appeals Board, and the Inspector, both committed legal error when they concluded that the building at 18 Crombie Street had to be in imminent danger of collapse, and it was not, although all parties had acknowledged the building's deteriorating condition. Holyoke Square points out, correctly, that the statute, G.L. c. 143, sec. 6, does not require that a building be in an "imminent" danger of collapse before the local Building Inspector should issue a demolition or repair order.3 See, g4., Bi eiro v. Town of Granby, 395 Mass. 608, 612 (1985). The pertinent language of G.L. c. 143, sec. 6 reads: The local inspector, immediately upon being informed by report or otherwise that a building . . . in that city or town is dangerous to life or limb or that any building in that city or town is unused, uninhabited or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner, . . . , to remove it or make it safe if it appears to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned or open to the weather. . . . (Emphasis added). This case is unusual in that the owner, Holyoke Square, is seeking to have the Inspector directed to order it to demolish its own building. The more usual course is for an owner to resist and appeal from such an order. No cases suggesting when the Inspector must order a building to be demolished have been brought to the attention of the Court, or found 3 The fact that is Crombie Street was not in imminent danger of eullapse in August of 1991 is borne out by the fact that it is still standing as of the date of these findings and rulings in July of 1997, despite no preservative action by its owner in the meantime. AUG-01-97 11 : 37 FROM: ID< FACE 17 , 16 by it. Nor do there seem to be any appellate decisions on the meaning of when a building is "dangerous" as that word is used in G.L. c. 143, sec. 6. Webster's Third New International Dictionary defines "dangerous" as "exposing to danger: involving risk: demanding caution or care as extremely unsafe: HAZARDOUS, pERILOUS." The Oxford English Dictionary posits: "Fraught with danger or risk; causing or occasioning danger; perilous, hazardous, risky, unsafe." A vessel is considered dangerous or unseaworthy when it is unfit for its intended purpose. Ega= v• A & V Fishing. Imo„ 887 F. Supp. 26 (D. Mass. 1995). On the other hand, a fire-eating act in a hotel was found not "abnormally dangerous," Th=10 v. Marriott Coro•, 880 F. Supp. 74 (D. Mass. 1995), while a shopping can with a broken wheel in a supermarket was. Cronin v. I.G.A. Foodliner, 55 Mass. App. Dec. 158 (1974). The point is that what is "dangerous" has varied meanings in different contexts. Certainly, 18 Crombie Street today, at least in its interior, is unfit for its intended purpose, and it undoubtedly was in August of 1991. Its exterior also is desperately in need of corrective work. The Court cannot, however, say that it is now, or was then, "dangerous" to die Public in general, as opposed to occupants of the building. This is not because the Court has no view on the subject, but rather because it is the determination by the Inspector, not the Court, that is under review. The Court, on the evidence presented, including its own view of die property in 1997, cannot rule that the Inspector abused his important discretion in concluding, with his special expertise, that 18 Crombic ID, PAGE 18 AUG-01 -97 11 . 39 FROM- 17 Street was not dangerous "to the well-being of pedestrians in the area," to use the words chosen by Holyoke Square's architects, in 1991, See, 3 SUM. The matter before the inspector was not, after all, whether to issue a certificate of occupancy. Nor can the Court conclude that the Appeals Board was wrong in affirming the Inspector's conclusion. There was "substantial evidence," as that phrase is employed in the appellate decisions, to support the declination to issue a demolish or repair order. Insofar as Holyoke Square seeks relief under the certiorari statute, its claim fails because certorari is only available to correct errors of law that are not otherwise reviewable. See arnev v• apfingli§W, mu, 403 Mass. at 605. Holyoke Square's c. 30A appeal was the appropriate course to follow. See, e.g., c1,.. nnterorisea Inc. V. c• Anildinv ('ode Aoveals Board, 20 Mass. App, Ct, 271, 272 (1985). Certiorari does not lie here. Holyoke Square also seeks a declaratory judgment to the effect that a demolish or repair order by the Inspector cannot be overruled or countermanded by the SRA. This may well be the law in the context of an order under G.L. c. 143, sec. 6. The Court's previous statement notwithstanding however, the issue on which the declaration is sought has net been shown to be the subject of a dispute between the SRA and the Inspector. Certainly, no such controversy is presently before the Court. See G.L. c. 231A, sec. 1. "Declaratory judgment, . . . , 'is a vehicle for resolving actual, not hypothetical, controversies.'" Bopt n HeralfL ] v, SunPrior "u .^. wment of the T iAl Com, 421 Mass. 502, 504 when and if (1995). 'Thus, the hands of the next judge to hear t11is issue, AUG-01-97 11 . 39 FROM, to, PACE 18 18 it ever arises, or the hands of this Court if it is that next judge, should not be tied by this non-disposition of the issue today. No declaratory judgment shall be rendered. V In case number 91-2352-A judgment shall be entered for the defendant dismissing all counts of the complaint. In case number 92-0688-A judgment shall be entered for the defendants dismissing all counts of the complaint.4 Allan van Gestel Justice of the Superior Court DATED. July 30, 1997 4 The Court is well, aware, and regrets, that the foregoing disposition of these two cases does little to resolve the underlying issue of the fate of the building at 18 Crombia Street in Salem. The City seeks to preserve the building for historical purposes, but has declined to lake it by eminent domain or even establish the area as an historic district under G.L. C. 40C. The City seems to hope that it can -- unfairly in the Court's view - force Holyoke Square to do the publics work, at Holyoke Square's private expense, and repair and restore the building. Holyoke Square, which presumably bought the building with its eyes wide open, cannot be forced to make repairs and can, if it chooses, continue to allow the building to deteriorate until such time as the Building Inspector must do more than look the other way and issue a demolish or repair order under G.L. c. 143, sec. 6. Neither Holyoke Square nor the citizens of Salem have gained much from this seemingly endless legal odyssey. But the Court can do no more -- and should do no more • than decide the issues brought before it as the law dictates. .HOLYOKE SQUARE. INC. 3S . . ..... ........ Plaintiffs) V. SALEM REDEVELOPMENT AUTHORITY ..........Defendant) JUDGMENT ON ALL COUNTS This action came on for (trial) (bwM ag} before the court, van Geotel, , J. presiding, and the issues having been duly (Med) 4&vwd) and Endings having been duly rendered, It is Oaosa® and AD7uDo®: Qtf NtL*ty VMKttffxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxmt mvwxo&tbe rdef8"atttxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxkomp D mmi*cxxx xxxxxxxxxxxxxxxic x Rhxwxo 7cdwubttc4rtmxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxIEXAa i x=xxak$xxxxxxxxxxxxxxx �cptvcsdotk�yxTa�f�atudthfpcaa7a�caRaaatlerc.) (that the plaintiff Holyoke Square, Inc. take nothing, that the action be dismissed on the merits, and that the defendant Salem Redevelopment Authorityreoover of the plaintiff Holyoke Square, Inc, its AAs costs of action.) Dated at Peabody , Massachusetts, this 30th day of July , 19 97., "' of Clark MRCP Fxm 32 7-74-5000 D AUG-01-97 11 , 39 FROM: ID: PAGE 21 COMMONWEALTH OF MASSACHUSETTS ESSEX, is. SUPERIOR COURT CIVIL ACTION No. 92-688B HOL.YOKE- . ....SQUARE.. INC. ............... Plaintiff6) ...... _... .. D. STATE BUILDING CODE APPEALS BOARD, • ET AL.... -, Defendant(s) JUDGMENT N ALL COUNTS This action came on for (tried) nakX91%) before the court, van Geste.l , J. presiding, and the issues having been duly (tried)x#bmd) and findings having been duly rendered, it 1� nwnewm onri An.nnrm• �thiwvlw mtiogxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx1pdeoV=N;fxtbr dWptxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx>etut72wwtlkExxxxxxxxxxxxxxxxxxx. (that the plaintiff Holyoke Square. Inc. t.ke ..e ldn9. .6-. ku- .-.a— be dia"wood on the merits, and that the defendants State Bldg. Code Appeals Ed, , recover of the et al Plaintiff Holyoke Square, Inc. their *ls costs of action.) Dated at Peabody , Massachusetts, this 30th day of July 19 97 . ("L . d................ As am Clerk MRCi form 32 7-744000 0 c �n�1r CITY OF SALEM - MASSACHUSETTS ROBERTA. LEDOUX Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 314 Essex Street Salem, Massachusetts 01970 15 church Street 508-741-2111 508-744-8500 August 4, 1997 Craig Wheeler, City Planner One Salem Green Salem, Massachusetts 01970 RE: Demolition of 18 Crombie Street Dear Craig: Please find attached decision I recently received from the Court on the above captioned matter. I think you will find it interesting reading. This should also be provided to present SRA members as it is provides a good legal review of the legal standard used to determine whether to uphold their decisions. Especially interesting is Judge vanGestel's comments in Footnote 4 at the end of the decision. I am not sure what Holyoke will do from here, but I do not think this issue is resolved yet. Thank you for your attention to this matter. V b st regards, Jo . Keenan JDK/kj m Enc. AUC-01-97 I1 = 30 FROM. ID: FACE 2 COMMONWEALTH Op'MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTIONS NO. 91-2352-A and NO. 92-0688-A HOLYOKE SQUARE,INC. V. SALEM REDEVELOPMENT AUTHORITY and HOLYOKE SQUARE,INC. V. STATE BUILDING CODE APPEALS BOARD, et al. elwminras R n Ncis and ORDER FhR JUDGMENT These two cases, tried together before the Court without a jury, involve the future of a simple, old house at 18 Crombie Street .in the heart of the historic City of Salem, Massachusetts. The plaintiff, the house's present owner, believing it to be hazardous and beyond repair, wants to proceed with its demolition. The City of Salem, acting through its Redevelopment Authority, with encouragement from its Historical AUG-01 -97 11 : 30 FROM : ID: PACE 3 2 Commission, wants the house preserved as a part of a Crombie Street historical district. The City's Building Inspector refuses to issue an order that the house be demolished; and the State Building Code Appeals Board supports that decision. The action against the Redevelopment Authority (the "SRA") is, for the most part, in the nature of certiorari. The plaintiff ("Holyoke Square") charges that the SRA's decision was in excess of its authority, unsupported by substantial evidence, arbitrary and capricious, and otherwise contrary to law. The claim involving the State Building Code Appeals Board (the "Appeals Board") and the Salem Building Inspector (the "Inspector") is an appeal pursuant to G.L. c. 30A, sec. 14 from the decision of the Appeals Board supporting the Inspector, although it also raises certiorari issues and requests declaratory judgment relating to the supremacy of the determination of the Inspector over that of the SRA. FINDINGS OE.AU Holyoke Square, Inc. is a Massachusetts corporation duing business at Holyoke Square in Salem, Massachusetts. Holyoke Square is controlled by the Holyoke Mutual Insurance Company, a long-time, respected corporate citizen of Salem. The house at 18 Crombie Street is located at and on the northeast corner of a parking lot across Norman Street from Holyoke Mutual's principal place of business. Both the house and the parking lot are owned by Holyoke Square. .UC-01 -97 11 . 30 FROM. ID: PAGE 4 3 The Salem Redevelopment Authority is a public authority corporate and politic, organized under the General Laws of Massachusetts. Crombie Street is located within the Heritage plaza west Urban Renewal Plan promulgated by the SRA and, thus, both the street and the house at number 18 are, for certain purposes, within the regulatory jurisdiction of the SRA. The State Building Code Appeals Board is an administrative agency within the Massachusetts Executive Office of Public Safety, The Appeals Board is empowered by law to make regulations and to conduct adjudicatory proceedings relative to the interpretation of the State Building Code and related laws. The house at 18 Crombie Street is not located in any official historic district of the City of Salem such as those provided for in G.L. c. 40C; nor is the house a designated National Historic Register property under 16 U.S.C. sec. 470, et seq. Crombie Street itself, however, is part of a National Register designated federal historic district, and 18 Crombie Street is considered part of the Crombie Street Historic District (the "District"). The National Register designation came about as a result of a 1979 request by the SRA to the Massachusetts Historical Commission. The request was granted on five years before Holyoke Square purchased the September 16, 1983, property at 18 Crombie Street. The Crombie Street Historic District is composed of the eight remaining buildings of this downtown residential enclave. The District includes a cross-section of residential buildings from various periods of AUG-01-97 11 : 31 FROM: ID, PAGE 5 4 development, along with a church originally built as a theater. The boundaries of the District include the six buildings that face Crombie Street -- including number 18 -- and two buildings at the west end of Barton Square, adjacent to Crombie Street on the west. Crombie Street was laid out in 1805 by Benjamin Crombie, proprietor of the "Sign of the Ship," a tavern that stood on Essex Street, east of his new street. Between 1805 and 1815, Crombie sold four house lots behind his tavern, as well as narrow strips of frontage on the street to other landholders to the west. Only two of the houses standing today were built before Crombie sold the remaining property in 1819. The District, however, was still shown intact on the 1851 map of Salem. As the only surviving downtown residential group from the early 19th century, the houses on Crombie Street are said by the Massachusetts Historical Commission to provide important information about the character of the City of Salem at that time. All the buildings directly abut the sidewalk, suggesting high density, but placement on the lots is irregular, creating a rural atmosphere. Wood is the dominant building material, although the church and one house -- called the Bowker House -- are brick, as is the Prince House that prWales Crombic's activity. While the architectural quality within the District is said to be variable, three buildings clustered at its north end are all considered individually noteworthy. The Crombie Street Church, built as a theater in 1828, is the architectural highlight of the District. 1t is described as having monumental relieving arches on its facade that define its UG-01-97 11 . 31 FROM, ID, PAGE B C composition and suggest. the Federal style, but the panelled detailing of the broad piers separating these arches, along with a pair of quadrant windows in the gable and wide corner pilasters, are suggested to introduce a newer Greek Revival influence. Neighboring the church stands the substantial Bowker House, built in the Federal style around 1810. It was "modernized" in 1860 by overlaid brimstone trimmings. The hybrid design of Bowker House is considered very successful, reinforcing the central importance of this house to the District. The Pierson House, facing Barton Square, is called an unusually graceful vernacular Italianate residence, typical of the residences that lined Barton Square in the mid-19th century. The house at 18 Crombie Street is a bit of an onion in a petunia patch. It is a quite small, two-story, gambrel-roofed, Georgian house, the origins of which are unknown. The house is believed to have been moved to the site in 1830 by James Bott. The end wall faces Crombie Street and contains three six-over-six windows, vertically aligned and centered on the wood-shingled wall. A narrow, simple framed doorway that crowds the right corner is believed to have been added when the house was moved to the site. A massive central chimney is readily visible from the street. A small ell with a shallow pitched roof extends to the left, set back fifteen feet from the front wall. The house at 18 Crombie Street is perhaps most historically useful as an example of how simple working people lived at the time. AUG-01-97 11 , 32 FROM, IG, PAGE 7 i 6 There is little evidence that persons of note ever resided there.' That latter point, to this Court, however, is of no moment. History benefits from an understandingof how everyone existed, not justthe rich itheor , famous. No persons of note are identified as having gr Mayflower when she landed at Provincetown, or later at Plymouth, but history certainly has been well served by knowing how and where those truly native Americans lived. a Holyoke Square purchased 18 Crombie Street from the Naumkeg y Trust Company, the latter acting as Trustee of the Frances H. Wendt Realty Trust, on February 16, 1988. The purchase price was $169,000. At the time of Holyoke Square's purchase, immediately adjacent to 18 Crombie Street on the south was, and still is, a parking lot, bounded by Crombie Street on the west and Norman Street on the south, owned by Holyoke Square. In the midst of the parking lot, on the east side, is a facility described as an auto laundry. Across Crombie Street from the parking lot is a small strip mall including a White Hen Pantry convenience store. Very little is left in the area making up the Crombie Street District in light of the many past changcs approvcd by the SRA in and around the neighborhood. Those changes have included: demolition of a building at the corner of Essex and Washington Streets, leaving a vacant tot known as Lappin Park; demolition of a cafe and a diner on Norman Street, next to a Dunkin' Donuts, and construction of multi-level I The SRA offered sumo evidence that William B. Pike resided at 18 Crombie Street from 1,853 through his death in April. t876. Mr. Pike was Collector of Purls for Salem and Beverly throughout President Buchaoan's administration and is said to have been close friends of Nathaniel Hawthorne and President Pierce. The title history from 1806, after the date of Crombie's purchase, describes alowners merchant, trader, a dlr, chaise maker. painter, weigher and gonger, Physician, acarpenter. awidow, andatelephoneanswering service operator. AUC-01-97 11 . 32 FROM, ID, PAGE 8 7 residential housing in their place; demolition of a gasoline service station at the corner of Crombie and Norman Streets, and subsequent construction of a small strip mall and parking lot; renovation of the old Salem Theater, on Essex Street, and demolition of the buildings next door; and demolition of the buildings on the corner of Essex and Crombie Streets, and subsequent use of the land as a parking lot. After purchasing 18 Crombie Street, Holyoke Square explored possible uses by . it for the building. Included in its ideas were use as a conference center or as office space, however, consultation with experts in the building construction business quickly led Holyoke Square to the conclusion that the repairs that would be necessary to make the building useable were economically unfeasible. One source suggested that the building had a fair market value of $154,600 but would require the expenditure of an additional $113,100 to make the necessary repairs before the building would be habitable. Other cost estimates were even higher. In September, 1990, Holyoke Square received a report from DeMarco/Jacek Partnership, architects and engineers in Salem with particular expertise in renovating and evaluating old and historic buildings. The DeMarco/Jacek report catalogued nutncrous deficiencies found at 18 Crombie Street, included were: serious problems with the roof; marginal condition, at best, of the principal chimney; peeling paint and rotting conditions on the exterior walls; electrical entrance cables in poor condition and rotting service cables; collapsing brick and block foundations on the front and left sides; wooden gutters rotting, and copper gutters improperly spaced too close to all fascias; downspouts in �p PACE 9 UO-01 -97 11 . 33 FROM , 8 marginal condition; improperly sloped grading around the foundation; rear stairs rotting; thresholds rotting; all windows in poor condition; entry, doors not square; flashing around doors and windows in poor condition; foundation walls collapsing; evidence of insect damage; unlevel floors; loosened plaster throughout; electrical outlets in poor condition and limited in number; chimney flues in need of lining; sagging floors and ceilings; all plumbing in need of replacement; insulation in poor condition; and heating, plumbing, water and eletrieal systems inoperative. Holyoke Square also presented evidence by Nucci Vine Associates, structural engineers, to the effect that the building is tilting over at the rate of 1/4" to 112" per year. Nucci ,Vine Associates opined that conditions of the foundation require reconstruction and repair to insure a safe and stable foundation structure prior to any occupancy of the house. R. Eric Rutnpf, of Rumpf & Associates, who originally advised the Inspector, testified that the structure falls substantially short of satisfying the generally safe and acceptable requirements of the Massachusetts State Building Code. The Court, with counsel and their experts, took a view of the premises at the time of the trial in April, 1997. In the course of the visit, concern was expressed that the upstairs flooring might not be able tosupport the weight of the visitors. The observations by die Court's untrained eye confirmed, in essentially all respects, the findings in the reports and testimony of Holyoke Square's experts. 4UC-07-97 71 : 33 FROM: ID: PACE 10 9 After concluding that demolition was its preferred alternative to attempting the extensive repairs neccessary at 18 Crombie Street, Holyoke Square, on May 28, 1991, appeared before the SRA, and a hearing was held on its application for permission to remove the building. Holyoke Square argued that it was too costly to renovate the property and that its plan was to create additional parking spaces for employees and ultimately landbank for future development. The SRA voted 4 to I to deny the application. Earlier, on April 12, 1991, the Salem Historical Commission voted against the demolition of 18 Crombie Street because of the Commission's belief that the property was an historically cant building within the District. The SRA's vote was premised signifi on its consideration of the historical significance of the property, its view of the structural soundness of the building, and its general opposition to landbanking with no immediate plans for redevelopment. By letter dated August 5, 1991, Holyoke Square's architects formally notified the inspector that "the building located at 18 Crombie Street is in a state of disrepair and if not corrected will pose a hazard to the well-being of pedestrians in the area." The architects' letter concluded with a recommendation that your department conduct an immediate inspection of its own, and then issue an order to the owner to remove the structure or make it safe, pursuant to M.O.L. Ch. 143, Sec. 6." on August 18, 1991, the inspector and Holyoke Square's architect made, an inspection of 18 Crombic Street. Shortly thereafter, on August 29, 1991, the Inspector declined to issue an order to Holyoke Square to remove the structure or make it safe. The Inspector concluded IO PACE 11 %UG-01 -97 11 : 34 FROM: 1u that, "although this single family house has a number of problems, it has not deteriorated to the point of being a hazard to the public safety and welfare, and to order its demolition at this time would be premature." Holyoke Square appealed the Inspector's decision to the Appeals Board, and an adjudicatory hearing was held on February it, 1992. At the hearing Holyoke Square presented the reports of its experts concerning the condition of the house. on June 3, 1992, the Appeals Board issued a decision denying Holyoke Square's appeal and affirming the decision of the Inspector. Since the decisions noted above, nothing has been done to the property at 18 Crombie Street by Holyoke. Square other than boarding up the windows and blocking its entrance. Thus, the deterioration that comes with time moves inexorably, albeit slowly, forward. RIT< TN�FLt� The Court, in making its rulings of law, will treat the two cases in the chronological order of their filing, which mirrors their evolution in the process. T1 < ,,. Redeveloament Au hority CSS. ,This case involves issues surrounding the propriety of the action by the SRA, in May of 1991, when it voted to deny Holyokc Square's ,UC ID PAGE 12-01-97 11 . 39 FROM . ' I1 application for permission to demolish the building at 18 Crombie Street. The SRA is a public authority organized pursuant to G.L. c. 121B, secs. 4, 9 and 11, As such, it developed the Heritage Plaza West Urban Renewal Plan in the City of Salem for the purpose of establishing standards and controls for the redevelopment and renewal of properties within its boundaries. The house at 18 Crombie Street is wholly within the boundaries of Heritage Plaza West. The legislative purpose of G.L. c. 121B is to promote sound community growth. Bo ton Redevelopment Authority v, Qarles River PUk "C" Company, 21 Mass. App. Ct. 777,, 783 (1986). Included among the powers of the SRA within the Heritage Plaza West area is the oversight of demolition and removal of buildings and improvements. See G.L. c. 121B, sec. 46(b). This case principally is an action in the nature of certiorari under G,L. c. 249, sec. 4, it lies only where the petitioner, here Holyoke Square, has exhausted all administrative remedies. Carney v. 5Xjnefield, 403 Mass. 604, 605 (1988). In a certiorari case a court will correct only a substantial error of law, evidenced by the record, which adversely affects the material rights of the plaintiff. id. In doing so, the Court may only rectify those errors of law "which have resulted in manifest injustice to the plaintiff or which have adversely affected the real interests of the general public." Id. AUG-01-97 11 , 35 FROM: ID: PACE 13 12 Holyoke Square argues, and the Court agrees, that the scope of judicial review in an action in the nature of certiorari is whether there was substantial evidence to support the SRA's decision, citing Boston Edison Co. v. Boston Redcveigpment Authority, 374 Mass. 37, 47-54 (1977). See also V4ht{a v. Relirement Board of Medford, 425 Mass. 130, 135 (1997), QenPvolent and P(oterliVP Order of Elks v. Planning Bond of Lawrence, 403 Mass. 531, 539-543 (1988). "Substantial evidence" is such evidence "as a reasonable mind might accept as adequate to support a conclusion." JordAn Marsh Co. v. tabor Relations Commission, 316 Mass. 748, 756 (1944). Under the substantial evidence test, however, a reviewing court is not empowered to make a dI novo determination of the facts, to make credibility choices, or to draw different inferences from the facts found by the agency. Doherty v. MtiretnRnt Board of Medford, supra, 425 Mass. at 135. "When the contention is made that an agency has acted arbitrarily or capriciously, or that the agency had abused its discretion, . . . , the aggrieved party making the contention is fundamentally charging that the agency's decision for one reason or another is unreasonable." Cella, Administrative Law and Practice, 40 M.P.S. sec. 1574. Although it is a close issue, this Court cannot, and does not, find that as a matter of law there was insufficient evidence in May of 1991 to support the SRA's decision or that it was abitrary or capricious in its conclusion to >UG-01-97 11 : 35 FROM: ID: PAGE 14 _. 13 deny the application to demolish the property at 18 Crombie Street.2 Although not part of a c. 40C historic district, it cannot be said that there wasn't ample evidence of historical interest in the property. Further, the Inspector had not then, nor has he now, found the property to be so dangerous as to order it demolished or repaired. Additionally, Holyoke Square's lack of a plan for the site, other than expanding a parking lot and landbanking, cannot be overlooked. Holyoke Square also poses the possibility that the SRA's action has the effect of an administrative taking of the 18 Crombie Street property because it prevents the preferred use thereof by its owner. The Supreme Judicial Court spoke on this subject just days ago. Its decision in HiQ v, txape Cod c:ommili1=, 425 Mass. 411 (1997) provides the answer to why there is no administrative taking here. It said that [t]his court has repeatedly recognized that government regulations "may deprive an owner of a beneficial property use -- even the most beneficial such use without rendering the regulation an unconstitutional taking." . . . "Land use planning is not an all-or-nothing proposition. A government entity is not required to permit a landowner to develop property to [the] full extent he might desire or be charged with an unconstitutional taking of the property." . . That an alternative, permissable use might be less profitable is not determinative. Id. at 416-41.7 2 Holyoke Square contends, among other things, and the then Chair of the SRA seems to have conceded, that in voting to deny the application, the SRA applied a different standard of rosaunabluness to Holyoke Square's request because it was it corporation rather than an individual. The Chair admitted that the SRA felt that it would have a right to expect Holyoke Square to expend more money on restoration of the house than it would expect of an individual owner. This attitude by the SRA ix to he condemnrd. All citizens, rich and poor, corporate or individual, come before the government with equal standing and are entitled by our Constitutions, State and Federal. to equal treatment. This Court will tolerate nothing less. Having stated its position, however, the Court still finds sufficient evidence to support the SRA's decision and concludes that its determination was not unduly affected by its improper assumption that it could expect more from a corporation then an individual. WG-01-97 11 : 36 FROM: ID: , PAGE 15 14 The Case aeainst the uildine Inspector and the State Building Code Aooealc Board The challenge to the decision of the State Building Code Appeals Board is governed by G.L. c. 30A, sec. 14. The Court is required to give due weight to the expertise, technical competence and specialized knowledge of the agency, as well as the discretionary authority conferred Upon it. C.L. c. 30A, sec. 14(7). Similar to the law applicable to the certiorari claim, the Court may not make a & novo determination of the facts or draw different inferences than the agency. V 199UL UUL LW. v. Alcoholic Beveraees Control Commission, 401 Mass. 347, 351 (1987) Nor may it substitute its judgment for that of the board. Southern Worcester Regional School District v. Labor Relations C2MM%ij=, 386 Mass. 414, 420-421 (1982). "In the absence of clear error, the interpretation an administrative body gives to its own rule is entitled to deference." Purity Suprem__.....e.lnc. v. Anornev General, 380 Mass 762, 782 (1980). In challenging the Appeals Board's decision, Holyoke Square has the burden of demonstrating the invalidity of the Appeals Board's ruling, faith Assembly of God v. State Building Code Commission, ll Mass. App. Ct. 333, 335 (1981), and the Court must apply all rational presumptions in favor of the validity of the administrative action. Lone v. COMmi inner of Publig Safety, 26 Mass. App. Ct. 61, 65 (1988). The Appeals Board's decision is subject to reversal only if it is based -on an error of law, is unsupported by substantial evidence, or is abitrary or capricious, an abuse of discretion, or otherwise not in ID. PAGE 19 UG=01.-97 11 , 37 FROM, 1 5 accordance with law. Cella, Ad inilKAt yr ► aw and Practice, 40 M.P.S. sec. 1567. Holyoke Square contends that the Appeals Board, and the Inspector, both committed legal error when they concluded that the building at 18 Crombie Street had to be in imminent danger of collapse, and it was not, although all parties had acknowledged the building's deteriorating condition, Holyoke Square points out, correctly, that the statute, G.L. c, 143, sec. 6, does not require that a building be in an "imminent" danger of collapse before the local Building Inspector should issue a demolition or repair order.3 See, "., Hjbf@ m v Town of Granby, 395 Mass. 608, 612 (1985). The pertinent language of G.L. c. 143, sec. 6 reads: The local inspector, immediately upon being informed by report or otherwise that a building . . . in that city or town is dangerous to life or limb or that any building in that city or town is unused, uninhabited or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner, to remove it or make it safe if it aonearc to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned or open to the weather. . . . (Emphasis added). This case is unusual in that the owner, Holyoke Square, is seeking to have the Inspector directed to order it to demolish its own building, The more usual course is for an owner to resist and appeal from such an order. No cases suggesting when the Inspector must order a building to be demolished have been brought to the attention of the Court, or found 3 The fact that Is Crombie Street was not in imminent danger of cullapse in August of 1991 is borne out by the fact that it is still standing ac o b the date er these findings and rulings in July of 1997, despite no preseryative action by its owner in the meantime. ID: PAGE 17 4UC-01-97 11 = 37 FROM: ,. 16 by it. Nor do there seem to be any appellate decisions on the meaning of when a building is "dangerous" as that word is used in G.L. c. 143, sec. 6. Webster's Third New International Dictionary. defines "dangerous" as "exposing to danger: involving risk: demanding caution or care as extremely unsafe: HAZARDOUS, PERILOUS." The Oxford .nelish 2kgQnary posits: "Fraught with danger or risk; causing or occasioning danger; perilous, hazardous, risky, unsafe." A vessel is considered dangerous or unseaworthy when it is unfit for its intended purpose. EQMMv• A R' V FishingInc., 887 F. Supp. 26 (D. Mass. 1995). On the other hand, a fire-eating act in a hotel was found „ �jrU v. Marriott Coro., 880 F. Supp. 74 not abnormally dangerous, -�-- (D. Mass. 1995), while a shopping can with a broken wheel in a supermarket was. Cronin v. I.G.A. Foodl=, 55 Mass. App. Dec. 158 (1974). The point is that what is "dangerous" has varied meanings in different contexts. Certainly, 18 Crombie Street today, at least in its interior, is unfit for its intended purpose, and it undoubtedly was in August of 1991. Its exterior also is desperately in need of corrective work. The Cour cannot, however, say that it is now, or was then, "dangerous" to die public in general, as opposed to occupants of the building. This is not because the Court has no view on the subject, but rather because it is the determination by the Inspector, not the Court, that is under review. The court, on the evidence presented, including its own view of the property in 1997, cannot rule that the Inspector abused his important discretion in concluding, with his special expertise, that 18 Crombic ID PACE 19 JC-01-97 11 . 39 FROM, 17 Street was not dangerous "to the well-being of pedestrians in the area," to use the words chosen by Holyoke Square's architects, in 1991. See, 3 5.1 M. The matter before the Inspector was not, after all, whether to issue a certificate of occupancy. Nor can the Court conclude that the Appeals Board was wrong in affirming the Inspector's conclusion. There was "substantial evidence," as that phrase is employed in the appellate decisions, to support the declination to issue a demolish or repair order. Insofar as Holyoke Square seeks relief under the certiorari statute, its claim fails because certorari is only available to correct errors of law that are not otherwise reviewable. See Carar,v v• g� Ss1�t8, 403 Mass. at 605. Holyoke Square's c. 30A appeal course to follow. See, e.g., he En tertui,'Lcra�lll '. V. was the appropriate 4 t B ildin od Aoo alaBoard, 20 Mass. App. Ct, 271, 272 (1985). Certiorari does not lie here. Holyoke Square also seeks a declaratory judgment to the effect that a demolish or repair order by the Inspector cannot be overruled or countermanded by the SRA. This may well be the law in the context of an order under G.L. C. 143, sec. 6. The Court's previous statement notwithstanding however, the issue on which the declaration is sought has not been shown to be Ute subject of a dispute between the SRA and the Inspector. Certainly, no such controversy is presently before the Court. See G.L. c. 231A, sec. 1. Declaratory judgment, . , . , 'is a vehicle for resolving actual, not hypothetical, controversies.'" Bon10 = IM, v. urt D oartm nt of the Trial ..CQurS1 421 Mass. 502, 504 (1995). Thus, the hands of the next judge to hear this issue, when and if AUC-01-97 11 . 38 FROM* ID, PACE 19 18 it ever arises, or the hands of this Court if it is that next judge, should not be tied by this non-disposition of the issue today. No declaratory judgment shall be rendered. ORDER FOR W2QMENTS vI In case number 91-2352-A judgment shall be entered for the defendant dismissing all counts of the complaint. In case number 92-0688-A judgment shall be entered for the defendants dismissing all counts of the complaint.4 �..., Gam--•-� Allan van Gestel Justice of the Superior Court DATED: July 30, 1997 4 The Court is well aware, and regrets, that the foregoing disposition of these two cases dues little to resolve the underlying issue of the fate of the building at 18 Crombie Street in Salem. The City seeks to preserve the building for historical purposes. but has declined to take it by eminent domain or even establish the area as an historic district under G.L. c. 40C. The City seems to hope that it can -- unfairly in the Court's view -- force Holyoke Square to do the public's work, at Holyoke Square's private expense, and repair and restore the building. Holyoke Square, which presumably bought the building with its eyes wide open, cannot be forced to make repairs and can, if it chooses, continue to allow the building to deteriorate until such time as the Building Inspector must do more than look the other way and issue a demolish or repair order under G.L. c. 143, sec. 6. Neither Holyoke Square nor the citizens of Salem have gained much from this seemingly endless legal odyssey. But the Court can do no more -- and should do no more •- than decide the issues brought before it as the law dictates. ....................HOLYOKESQUMAE....INC..............._...................Plaintiff SALEM REDEVELOPMENT AUTHORITY ,Defendant(t) JUDGMENT ON ALL COUNTS This action came on for (trial) (Asardi o before the court, van Geotel, , J. presiding, and the issues having been duly (tried) (bowd) and findings having been duly rendered, It is Oanaaim and AnJvooE,o: �AgtcXlfA "mKtfffxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxowwowxo&tbe xdj(gsidafltxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> baxm mi*cxxxxxxxxxxxxxxxxxxfc )WhhK7c tc;ivmcxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxAsABW"Mek$xxxxxxxxxxxxxxx xa��ttx4didc�yxh►wirtttldchlr�natocakmxttwc.) (that the plaintiff Holyoke Square, Inc. take nothing, that the action be dismissed on the merits, and that the defendant Salem Redevelopment Authorityrecover of the plaintiff Holyoke Square, Inc. its Ats costs of action.) Dated at Peabody , Massachusetts, this 30th day of July , 19 97., v �a�tans Clark MRCP form 32 7-74-3000 0 r e { AUG-01-97 11 , 39 FROM IDS PAGE 211 J COMMONWEALTH OF MASSACHUSETTS ESSEX, is. SUPERIOR COURT CIVIL ACTION No, 92-688B HOLYOKE SQUARE.. INC. Plaintiff j) - ......................-.............----.... v. STATE BUILDING CODE AFPEALS BOARD, ET AL , ,,,,•,-,•,-,Defendant(s) JUDGMENT N ALL COUNTS This action came on for (trial) )RAIiiiig) before the court, van Gestel , J. presiding, and the issues having been duly (tried)*s d) and findings having been duly rendered, 1t i• onn.u. a.,l An ,, ren- �tagtcgwfuKogxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx>pyeoMNwdN dW&YJMxxxxxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxx)� xxxxxx__xxxx,.,.,.xxx=xxtwat.=.1"t__,.�ficxxxxxxxxxxxxxxxxx�x,. ,.x,.,.___,.M x,... (that the plaintiff Holyoke Square. Inc. t.ha net}dng, tL-t eb- .-ate.. be dismissed on the merits. and that the defendant State bldg. Code Appeals Rd. , eecova of the et al plaintiff Holyoke Square, Inc. their *b ousts of action.) Dated at Peabody , Massachusetts, this 30th day of July 19 97 . r .............:;4th. .. ........... As ant Clerk M;1C►form 32 7-74-seoo D Page 1 of 1 Jane Guy From: "Friedberg, Betsy @ SEC" <Betsy.Friedberg@sec.state.ma.us> To: <JhnGof@aol.com> Cc: 'Lattinville, Ann @ SEC" <Ann.Lattinville@sec.state.ma.us>; "Fitzgerald, Elsa @ SEC" <Elsa.Fitzgerald@sec.state.ma.us>; "Jane Guy" <janeguy@cove.com> Sent: Thursday, January 25, 20014:26 PM Subject: 18 Crombie Street I Hi John, I've read with interest your recent emails regarding the threats to the property at 18 Crombie Street. While it is true that the property is not individually listed in the National Register, it is a contributing property in the Crombie Street National Register district. The status of the property in terms of the National Register is exactly the same whether it is individually listed or within a district; therefore, once a property is listed in the National Register within a district, there is no need to proceed with an individual nomination. And the ability of MHC to comment on projects that have state or federal involvement is likewise identical for properties listed within districts and properties listed individually. (Should there be additional historical documentation on this property or others within the district that would amplify the existing nomination, we can certainly add it through a technical amendment.) You should be aware that projects carried out by state or federal agencies, or other projects that involve any funds, licenses, or permits from state or federal agencies, are subject to review by the MHC in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended (36 CFR 800) and/or Massachusetts General Laws, Chapter 9, Sec. 26-27c, as amended by Chapter 254 of the Acts of 1988 (950 CMR 71.00). In order for a project proponent to request MHC's review under either of these regulations, it is necessary to provide the MHC with a completed Project Notification Form (PNF). For your reference as well as for the Holyoke Insurance Company, the MHC's Project Notification Form (PNF) is available on line at www.state.ma.us/sec/mhc/mhcpdf/pnf.pdf or upon request from this office. If you have any questions about the review process, please do not hesitate to contact Ann Lattinville, Director of Architectural Review, in this office. And if you have further questions about the National Register program itself, please give me a call. Betsy Betsy Friedberg National Register Director Massachusetts Historical Commission email address: betsy.fried berg @sec.state.ma.us 10/17/01 — — Ci b Page 1 of 3 Jane Guy From: <JhnGof@aol.com> To: <Betsy.Fried berg@sec.state.ma.us> Cc: <Ann.Lattinville@sec.state.ma.us>; <Elsa.Fitzgerald@sec.state.ma.us>; <janeguy@cove.com>; <hsi@nii.net>; <rorygoff@hotmail.com>; <preffett@cove.com>; <PROMONDE@aol.com>; <DOLPHINADV@aol.com>; <salemgrp@aya.yale.edu>; <barbara@issiweb.com>; <staleymcdermet@hotmail.com>; <spang@arrowstreet.com>; <kimberly_alexander@pem.org>; d <lka@cove.com> Sent: Thursday, January 25, 2001 9:42 PM Subject: Re: MHC report on 18 Crombie Street, Salem, MA 1/25/2001 (THURS PM) To: Betsy Friedberg, National Register specialist, MHC Re: MHC report on 18 Crombie Street, Salem, MA File: Crombie05 Dear Betsy: Thank you for responding so well and so quickly to clarify the National Register status and NR status implications of the Holyoke Insurance-owned property at 18 Crombie Street in Salem, Massachusetts. I am forwarding this information to Tim Jenkins and to some of the Historic Salem, Inc. citizen "advocates" for preserving this gambrel roof house--as well as to my brother Rory Goff in Saco, Maine, who did much of the original historical research for Holyoke back about 1990. 1 am additionally forwarding this information to Salem City Planner Patrick Reffett, who informs me that historic preservation tops the list of Salem community and urban priorities for the Mayor Usovicz Administration. In my capacity as Executive Director of Historic Salem, Inc., I will be helping to monitor the 18 Crombie Street developments--both negative and positive--because it is one of our "Most Endangered Historic Properties" here in Salem. Tim Jenkins--can you kindly forward to Betsy Friedberg both the full DeMarco/Jarek report from 1990 which documents the history of the 18 Crombie Street house and site--as well as the recent published letters submitted by David Pelletier and Rory Goff? Clearly, the new findings should likely be added to the existing survey files at MHC for this property, to better document significance--which in turn could potentially facilitate release of State and other grant monies to preserve and stabilize the house. I believe Betsy can provide you with her mailing address if you contact her at the address above. Rory-- You may wish to additionally study this material as it pertains to your current crisis regarding the National Register Eligible Garland House in Saco, Maine. Indeed, I believe this explanation is the best I've ever seen shedding light upon the nature of potential mechanisms which trigger SHPO involvement via Section 106. As Maine, legally, is now a State on equal legal standing as Massachusetts, (! ) the Federal policy outlined below should have equal applicability in your State. Thanks again, Betsy, for your interest and information provided below. 10/17/01 Page 2 of 3 Sincerely, John Goff, Executive Director HISTORIC SALEM, INC. hsi@nii.net/ jhngot@aol.com Copy: Ann Lattinville, Elsa Fitzgerald, Jane Guy, HSI Office, Rory Goff, Patrick Reffett, David Pelletier, Tim Jenkins, Meg Twohey, Barbara Wuertz, Staley McDermet, Larry Spang, Kimberly Alexander, Lance Kasparian REFERENCING: In a message dated 01-01-25 15:29:26 EST, Betsy.Friedberg@sec.state.ma.us writes: << Subj: 18 Crombie Street Date: 01-01-25 15:29:26 EST From: Betsy.Friedberg(a sec.state.ma.us (Friedberg, Betsy @ SEC) To: JhnGof(a).aol.com CC: Ann.Lattinville@sec.state.ma.us (Lattinville, Ann @ SEC), Elsa.Fitzgerald sec.state.ma.us (Fitzgerald, Elsa @ SEC), janequy@cove.com (Jane Guy) Hi John, I've read with interest your recent emails regarding the threats to the property at 18 Crombie Street. While it is true that the property is not individually listed in the National Register, it is a contributing property in the Crombie Street National Register district. The status of the property in terms of the National Register is exactly the same whether it is individually listed or within a district; therefore, once a property is listed in the National Register within a district, there is no need to proceed with an individual nomination. And the ability of MHC to comment on projects that have state or federal involvement is likewise identical for properties listed within districts and properties listed individually. (Should there be additional historical documentation on this property or others within the district that would amplify the existing nomination, we can certainly add it through a technical amendment.) You should be aware that projects carried out by state or federal agencies, or other projects that involve any funds, licenses, or permits from state or federal agencies, are subject to review by the MHC in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended (36 CFR 800) and/or Massachusetts General Laws, Chapter 9, Sec. 26-27c, as amended by Chapter 254 of the Acts of 1988 (950 CMR 71.00). In order for a project proponent to request MHC's review under either of these regulations, it is necessary to provide the MHC with a completed Project Notification Form (PNF). For your reference as well as for the Holyoke Insurance Company, the MHC's Project Notification Form (PNF) is available on line at www.state.ma.us/sec/mhc/mhcpdf/pnf.pdf or upon request from this office. If you have any questions about the review process, please do not hesitate to contact Ann Lattinville, Director of Architectural Review, in this office. And if you have further questions about the National Register program itself, please give me a call. 10/17/01 r F Page 3 of 3 Betsy Betsy Friedberg National Register Director Massachusetts Historical Commission email address: betsy.fried berq(�sec.state.ma.us </XMP> 10/17/01 :f IB section "t - ,1 Nona. 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R $ 3 JOHN D. KEENAN CITY SOLICITOR 222 ESSEX STREET, SALEM, MA 0170, TELEPHONE (978) 741-4453 R FAX (978)X40-0072 I �Oply COMMONWEALTH OF MASSACHUSETTS ESSEX, ss SUPERIOR COURT CIVIL ACTIONS HOLYOKE SQUARE, INC., ) Plaintiff, ) vs. ) No. 91-2352-A SALEM REDEVELOPMENT ) AUTHORITY, ) Defendant. ) HOLYOKE SQUARE, INC., ) Plaintiff, ) vs. ) No. 92-688 THE STATE BUILDING CODE ) APPEALS BOARD, THE SALEM ) REDEVELOPMENT AUTHORITY,) and THE BUILDING INSPECTOR ) OF THE CITY OF SALEM, ) Defendants ) DEFENDANTS' REQUEST FOR FINDINGS OF FACT AND RULINGS OF LAW Defendants, Salem Redevelopment Authority and Building Inspector of the City of Salem respectfully submit the following request for findings of fact and rulings of law. FINDINGS OF FACT 1. Although its exact origin is unknown, 18 Crombie Street was either built or moved to its present location in 1830 or 1831. (Exhibits 3A and 17).' The gambrel roofed, Georgian house has been used as a single family residence. From 1853 through his death on April 26, 1876, William B. Pike resided at 18 Crombie Street. He was the Collector of Ports All exhibit references are to the Agreed Upon Trial Exhibits - Volumes One & Two. for Salem and Beverly throughout President Buchan ' g Buchanan's administration and close friends with Nathaniel Hawthorne and President Pierce. (Exhibit 3A). 2. In November 1979, the Salem Redevelopment Authority (hereinafter "SRA"), submitted an application to the Massachusetts Historical Commission to designate 18 Crombie Street and six other properties to the National Register of Historic Places. The six other properties included: 16 Crombie Street, 15 Crombie Street, 13 Crombie Street, 9 Crombie Street, Crombie Street Church and 13 Barton Square. (Exhibit 17) These seven contiguous properties remain today as the only surviving downtown residential group from the early 19th century and provide important information about the character of the city at that time. All the buildings directly abut the sidewalk, suggesting high density, but placement on the lots is irregular, creating a rural atmosphere. Each of the properties is considered of central importance to the district in contributing to its character. 3. On September 16, 1983, 18 Crombie Street and six other properties were accepted to the National Register as the Crombie Street Historic District. (Exhibit 16). The National Register of Historic Places is the Nation's official list of important cultural resources. Listing in the National Register places no constraints on what owners may do with their property when using private funds.' 4. In 1988, the Plaintiff, Holyoke Square, Inc. (hereinafter"Holyoke"), purchased 18 Crombie Street for$169,000.00. Prior to the purchase, Douglas Ryder, President of Holyoke, did walk through the house but never had it inspected prior to the purchase. ' The National Register was established by the National Historic Preservation Act of 1966. At the federal level it is administered by the Department of the Interior and at the state level by the Massachusetts Historical Commission. 2 Holyoke purchased the property to "square-off' an adjacent lot they already owned and to landbank for future use. 5. On April 12, 1991, the Salem Historical Commission voted against the demolition of 18 Crombie due to the property being an historically significant building within the Crombie Street National Register District. (Exhibit 15). 6. The entire Crombie Street Historic District sits within the geographic jurisdiction of the SRA, specifically Heritage Plaza West. (Exhibit 12, pp A-1,2). All renewal/redevelopment projects, including demolition, require approval by the SRA. 7. On May 28, 1991, the SRA denied Holyoke's request to demolish 18 Crombie Street. The board voted 4-1 against Holyoke's request to demolish the property. As there were no architects or structural engineers on the SRA, prior to the meeting the SRA had retained Robert Rumpf, who had 45 years of structural engineering experience at the time, to review the structural soundness of 18 Crombie Street. In his report of March 18, 1991, Mr. Rumpf stated that "the condition of the superstructure of the original building and the addition is acceptable to good" and "the condition of the foundation is fair to poor." (Exhibit 5). Mr. Rumpf did not conclude that the building was a danger. Mr. Rumpf estimated that corrective measures would cost approximately $26,000.00. 8. At the May 28, 1991 hearing, Holyoke's architectural expert Charles A. DeMarco presented his report and conclusion that upgrading 18 Crombie Street to fit Holyoke's use would cost anywhere from $113,000 to 194,000. (Exhibits 3, 4, 8 & 13). 9. At the May 28, 1991 meeting, there was discussion regarding the discrepancy between the Rumpf and DeMarco reports. The discrepancy was attributed to additional work 3 listed by DeMarco that would not necessarilyhave b to e performed or required by the building inspector. The SRA was comfortable with a total rehabilitation cost of approximately $50,000. 10. David Harris, former assistant building inspector in Salem and presently an assistant building.inspector in Danvers, testified at the trial that he had personally renovated a similar vintage Gambrel styled house at 139 North Street in Salem. It was his opinion that the work needed to be done on 18 Crombie could be completed for $40-60,000.00 which would include upgrading of electrical, plumbing and heating systems and repairing the foundation. Mr. Harris testified that Article 32 of the State Building Code (Repair, Alteration, Addition, And Change of Use of Existing Buildings) would apply to the rehabilitation of 18 Crombie Street. (see attached copy).' Mr. Harris also testified that most of the items listed on the DeMarco Code Review (Exhibit 4) were not necessarily required by the code and that the building inspector does have some discretion in the enforcement of same. 11. Neither the Rumpf nor the DeMarco reports concluded that the foundation or superstructure were failing at that time. 12. At the May 28, 1991 SRA hearing on the demolition, Holyoke stated that it was too costly to rehabilitate 18 Crombie and that their only present plan for the site was to create additional parking spaces for employees and ultimately landbank for future development. 13. At the hearing on May 28, 1991, the SRA discussed the historical significance of 18 ' Article 32 of the Fifth Edition is attached as is Chapter 34 of the Sixth Edition which replaced Article 32 effective 02/10/97. 4 Crombie Street and its being part of the Crombie Street Historic District. The SRA discussed its responsibility to historic preservation as set forth in the Heritage Plaza West Urban Renewal Plan. (Exhibit 12 pp 2-3. Exhibit 13 "Minutes of May 28, 1991 SRA Meeting"). 14. On May 28, 1991, the SRA voted against demolition of 18 Crombie Street because of the historical significance of the property, because of the structural soundness of the property and because the philosophy of the SRA was against landbanking with no immediate plans for redevelopment. The SRA felt that allowing this demolition without a redevelopment plan would set a dangerous precedent allowing other vacant lots to remain undeveloped for several years. Part of the purpose for developing the Heritage Plaza West was to prevent such demolitions which had occurred in the past. 15. On August 5, 1991, Holyoke requested that the building inspector inspect 18 Crombie Street and order that it be made safe or torn down pursuant to Mass. Gen. L. Ch 143, § 6. (Exhibit 9)(see attached Mass. Gen. L. Ch 143, § 6). 16. On August 18, 1991,Salem Building Inspector William H. Munroe, who has since passed away, inspected 18 Crombie Street accompanied by David Harris, Attorney William Lundregan and Charles A. DeMarco. This inspection entailed a fifteen to twenty minute walk-through. 17. On August 29, 1991, Inspector Munroe informed Holyoke that "although this single family residence has a number of problems, it has not deteriorated to the point of being a hazard to the public safety and welfare, and to order it demolished at this time would be premature." (Exhibit 10). 5 18. On October 4, 1991, Holyoke appealed the building inspector's refusal to issue an order pursuant to Mass. Gen. L. Ch 143, § 6. 19. On February 11, 1992, an administrative hearing was held before the State Board. Holyoke presented both the DeMarco Report and another report by Nucci Vine Associates. Salem presented the Rumpf report. Additionally testimony was presented by Mr. DeMarco for Holyoke and Assistant Building Inspector David Harris for Salem. (Exhibit 1 - Administrative Record). 20. On June 3, 1992, the State Building Code Appeals Board unanimously voted to uphold the decision of the City of Salem Building Department and did not find reason to require the immediate demolition of said building. 21. But for boarding up the windows and blocking entrance to 18 Crombie Street, Holyoke has not done anything to prevent the deterioration of the building since purchasing it in 1988. 22. All parties agree that 18 Crombie Street is in a dilapidated condition as was confirmed by the viewing of this Court; however, it is neither beyond the point of repair nor a danger to the public. 23. Each of the original seven properties listed in the Crombie Street Historic District remain today; none have been demolished. 24. Since the creation of Heritage Plaza West, no property with historic designation has been demolished. RULINGS OF LAW 25. The court has jurisdiction of the parties and the subject matter. 6 Docket 91-2352-A 26. The SRA is a public authority corporate and politic, organized pursuant to Mass. Gen. L. Ch. 12113, §§ 4, 9 & 11. (copy attached) 27. Pursuant to the enabling statute, Mass. Gen. L. Ch 12113, the SRA developed the Heritage Plaza West for the purpose of establishing standards and controls for the redevelopment and renewal of properties within its boundaries. (Exhibit 12) (see attached copy Mass. Gen. L. Ch 12113, § 46). 28. The legislative purpose of Mass. Gen. L. Ch 121B is to promote sound community growth. Boston Redevelopment Authority v Charles River Park "C" Company et al., 21 Mass. App. Ct. 777, 490 N.E. 2d 810, 814 (1986). 29. One of the powers of the SRA over properties within the Heritage Plaza Wei st i� s oversight of demolition and_remov_al of buildings and improvements. Mass. Gen, L._Ch__ L2113, 76 (b). 30. An action under Mass. Gen. L. Ch. 249, § 4 lies only where the petitioner has exhausted all administrative remedies. Carney v Springfield, 403 Mass. 604, 605 (1988). A court will correct only a substantial error of law, evidenced by the record, which adversely affects a material right of the plaintiff. Id. In its review, the court may rectify only those errors of law"which have resulted in manifest injustice to the plaintiff or which have adversely affected the real interests of the general public." Id. Holyoke has failed to show that the SRA's (4-1) decision against demolition of 18 Crombie was reached due to a substantial error of law. Moreover, Holyoke has failed to show that such a substantial error adversely affected a material right. The SRA ought not be held accountable for the 7 bad business decision made by Holyoke - to wit purchasing a house without an inspection or any idea what it would reasonably cost to rehabilitate it. 31. In its May 28, 1991 meeting, the SRA thoroughly reviewed the evidence before it and came to a decision based on substantial evidence. Specifically, the SRA's decision against demolition was based on 18 Crombie Street's historical significance, the structural soundness of the property and its philosophy against demolition without a redevelopment plan or "landbanking." 32. The SRA reviewed each matter before it in accordance with the guidelines set forth in the Heritage Plaza West Urban Renewal Plan and in light of the particular circumstances of any proposal. The SRA did not apply a different standard to Holyoke in turning down its request for demolition. 33. Finally, Holyoke has failed to show that members of the SRA violated the open meeting law by discussing the demolition prior to the meeting or that any member was not qualified to participate in the vote. Mass. Gen. L. Ch 39, §§ 23A through 23C; Mass. Gen. L. Ch. 268A. Docket No. 92-688 34. The decision of the State Building Code Appeals Board may be set aside only on the grounds set forth in Mass. Gen . L. Ch. 30A, § 14(7)(a)-(g). (see attached copy Mass. Gen . L. Ch. 30A, § 14(7)(a)-(g)) "In the absence of clear error, the interpretation an administrative body gives to its own rule is entitled to deference." Purity Supreme Inc v. Attorneyneral, 380 Mass. 762, 782 (1980). 35. The court must give due weight to the expertise, technical competence and specialized 8 knowledge of the agency, as well as the discretionary authority conferred upon it. Mass. Gen . L. Ch. 30A, § 14(7). The court may `"not make a de novo determination of the facts or draw different inferences from the agency," Vasnourakan. Ltd v Alcoholic Beverages Control Commission, 401 Mass. 347, 351 (1987), nor may it substitute itsjudgment for that of the Board. Southern Worcester Regional Vocational School District v Labor Relations Commission, 386 Mass. 414, 420-21 (1982). 36. Even Holyoke's presentation of some evidence contrary to that supporting the Board's decision "does not warrant a conclusion that the agency's findings were not supported by substantial evidence." School Committee of Wellesley v Labor Relations Commission, 376 Mass. 112, 120, 379 N.E.2d 1077 (1978). 37. In challenging the Board's decision, Holyoke has the burden of demonstrating the invalidity of the Board's decision. Faith Assembly of God v State Building Code Commission, 11 Mass. App. Ct. 333, 335 (1981). The court must apply all rational presumptions in favor of the validity of the administrative action. Long v. Commissioner of Public Safety, 26 Mass. App. Ct. 61, 65 (1988). 38. Holyoke did not overcome the presumption of validity. The Board reviewed Holyoke's expert reports from DeMarco and Nucci and Salem's expert report of Robert Rumpf. Upon this substantial evidence, the Board upheld the Salem Building Inspector's decision that the building was not dangerous. Neither of the reports resented b P P y Holyoke to the Board concluding that the building was unsafe. Indeed, Holyoke's experts noted that repair is viable, albeit at different cost estimates. 39. In creatingthe State e Building Code Appeals Board, the legislature gave the board wide 9 latitude in interpreting the state building code. Although Holyoke appealed under Mass. Gen L. Ch. 143, § 6, the building code contains identical language in 780 C.M.R. § 121.0 (see copy attached). As the author and administrator of the Building Code, the Board is entitled to the utmost deference regarding its interpretation. See Faith Assembly of God v. State Building Code Commission, 11 Mass. App. Ct. at 334-35. 40. Here, the building inspector found the structure to be in "reasonably good condition." (Exhibit 10). By its very terms "if it appears to him to be dangerous", Section 6 leaves the determination of structural integrity to the discretion of the local building inspector. 41. The discretion of the local building inspectors to make this determination was recently confirmed. See Deborah Brown et al v City of Beverly and Timothy Brennan, Essex Superior Court, Docket No. 97-0444A (Brady, J.)(March 5, 1997)(see copy provided with Holyoke's Request for Findings). In Brown, ten taxpayers of the City of Beverly sought to enjoin the demolition of the Washington Beadle School, a public school. Id. Judge Brady received an affidavit from the Beverly Building Inspector Timothy Brennan stating that: structural failure of the northerly wall which had detached from the building (¶¶2,3). ventilation system was introducing unacceptable level of carbon monoxide into the building (¶ 8). parapets of the building had failed and that the brick on all faces of the building had separated from the building and were actively spalling off the building (¶ 9). front steps had collapsed (T 10). after a fire in another local vacant building, Briscoe School, Washington Beadle became a target of local vagrants and vandals (¶¶17-23). 10 found duplicating fluid and paper spread throughout the basement of the building in what appeared to be an attempt to start a fire. (T29) unable to secure building, posed unreasonable risk of persons entering as well as injury to passers by and adjoining structures. (!, 30). Affidavit of Timothy Brennan. (see attached copy). The court denied the Plaintiffs' efforts to enjoin the demolition and accepted the building inspector's determination that the Washington Beadle School was a dangerous building pursuant to Mass. Gen. L. Ch. 143, § 6. None of the factors presented by Holyoke rise to the level of dangerousness present at the Washington Beadle School. Although in need of much repair, the foundation and superstructure of 18 Crombie Street has not failed. Pieces of 18 Crombie's structure have not been falling off the building. There was no evidence presented of attempted arson on the property. The building at 18 Crombie has been secured from vagrants and vandals. 42. In the instant case, the State Building Code Appeals Board's decision upholding the local building inspector was supported by substantial evidence. 43. In Count II, Holyoke avers that this action is also brought in the nature of certiorari pursuant to Mass. Gen. L. Ch. 249, § 4. Certiorari is available only to correct errors in proceedings which are not otherwise reviewable by motion or appeal. Holyoke recognizes that final decisions of the State Building Code Appeals Board are reviewable pursuant to Mass. Gen . L. Ch. 30A, § 14. And, as a matter of law they are. See She Enterprises. Inc. v. State Building Code Anneal Board, 20 Mass. App. Ct. 271, 272 (1985). Thus, certiorari does not lie. 44. In Count III, Holyoke seeks only to circumvent the standard of review set forth in Mass. 11 Gen . L. Ch. 30A, § 14 for administrative decisions. Upon Holyoke's request, the Building Inspector did act in accordance with Mass. Gen L. Ch. 143 and the Building Code to inspect and enforce the provisions therein. 45. In Count IV, Holyoke seeks a declaratory judgment that the SRA cannot over-rule a decision of the building inspector concerning enforcement of the building code. This question is moot as the SRA, based on the structural analysis of Robert Rumpf, and the building inspector, based on his own review, came to the same conclusion that 18 Crombie Street was not a dangerous building. Indeed, the SRA denied demolition (May 28, 1991) three months before Inspector Munroe came to the same conclusion (August 29, 1991) pursuant to Mass. Gen. L. Ch. 143, § 6. Moreover, it is well established that in the absence of special circumstances, an action for declaratory judgment cannot be used as a substitute for appeal under Mass. Gen. L. Ch. 30A, § 14. School Committee of Franklin v. Commissioner of Education, 395 Mass. 800, 808-09 (1985). This rule is concerned with promoting proper relationship between the courts and administrative agencies. MuMhy v. Administrator of the Div. of Personnel Administration, 377 Mass. 217, 221 (1979)(citing Nader v Allegheny Airlines Inc. 426 U.S. 290, 303 (1976)). Holyoke has presented no special circumstances here. Since "[t]he entire thrust of the complaint [is] aimed at setting aside a single adjudicatory decision," the declaratory relief sought must also fail. School Committee of Franklin v. Commissioner of Education, 395 Mass. at 808. 46. In light of the various estimates obtained, Holyoke has alleged that rehabilitation is economically infeasible at this time. Thus, Holyoke argues that prohibiting the 12 demolition of 18 Crombie Street amounts to an unconstitutional taking. In evaluating the economic feasibility of repair, the court must consider the premium price of$169,000 that Holyoke paid for this property without even the benefit of an inspection. Mr. DeMarco, Holyoke's architectural expert, testified that most of the damage he described could not have happened in the short period of time from 1988 when Holyoke purchased the property to the time when he inspected it. Had Holyoke considered this at the time of purchasing the property and take these expected costs into account, the rehabilitation would be economically feasible. 47. The Massachusetts Supreme Judicial Court has opined that there are many regulations in the interest of public safety, health, morals or welfare - too numerous and too familiar to require specific reference - the constitutionality of which is, in general, thoroughly established. Opinion of the Justices, 333 Mass. 773, (1955-1956)(answering several questions regarding proposed act House No. 775 establishing historic districts in Nantucket)(copy attached). The Heritage Plaza West was developed in the best interest of the City and of the general welfare of its people and to restore a blighted area to conditions of health, safety, amenity and economic viability. (Exhibit 12, p.1). In addition, the SRA was to undertake actions which would preserve and restore historic and architectural values associated with structures and areas in the project area. (Exhibit 12, p•2)• 48. Public welfare has been defined to include public convenience, comfort, peace and order, prosperity, and similar concepts, but not to include "mere expediency." Opinion of the Justices, 333 Mass. at 778. "The concept of public welfare is broad and inclusive. . . The 13 values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that a community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled." Id. at 779. "There has been substantial recognition by the courts of the public interest in the preservation of historic buildings, places and districts." Id. at 780. The court decided that the legislation would not constitute a taking. Id. at 782. Here, where the purpose of the Heritage Plaza West is to revitalize a blighted area and preserve structures of historical value, the denial of the demolition of 18 Crombie Street does not constitute a taking in violation of either state or federal constitutional rights. Respectfully submitted, Defendants, Salem Redevelopment Authority and Salem Building Inspector, By its attorney, t_�— i D. Keenan s istant City Solicitor 0 ashington Street, Suite 318 m, MA 01970 50 /745-7710 Dated: April 18, 1997 14 ATTACHMENTS 1• Massachusetts State Building Code, Article 32 and Chapter 34. 2. Mass. Gen L. Ch. 143, § 6 (Inspection of Dangerous Buildings). 3. Mass. Gen L. Ch. 12113, §§ 4, 9, 11 & 46. 4. Mass. Gen L. Ch. 30A, § 14. 5. Massachusetts State Building Code, 780 CMR 121.0 (Unsafe Structures) 6. Affidavit of Timothy Brennan. 7. Opinion of the Justices, 333 Mass. 773 (1955-56). C. 143 ANNOTATED LAWS OF MASSACHUSETTSR 3X § '7 INSPECTION, REGULATION OF BUILDINGS, ETC. C. 143 § 3X. Notice to Local Postmaster of Issuance of Buildin Editorial Note- g The 1946 amendment rewrote the first part of the first sentence. Permit Containing Ten or More Residential Units. The 1949 amendment altered the.provisions relative to giving notice of dangerous The inspector of buildings in cities and towns shall notify the local United States postmaster upon the issuance of any building permit condition. The 1957 amendment struck out the former section and inserted in place thereof a containing ten or more residential units. (1973, 1096.) new section broadened in scope. The 1972 amendment rewrote the section. § 3Y. Terms of Office of Local Building Commissioners and Inspectors. CASE NOTES UNDER FORMER GL c. 143 §6 In any City Or town Which accepts the provisions of this section, In a city which has accepted RL c 104, buildings extending the time for demol- §§ 1, 4 (from which this section and §3 fishing a condemned building did not deal inspector of buildings, building commissioner or local inspector So derive), it was held that a person who with the alternative of repairing it, and is employed and designated under this section shall be appointed for a does not hold any other office in the city not to be construed as depriving the minimum term of three years and such three year term or more shall cannot be appointed to the office of in- defendant of his right of election between not be diminished by an unexpired term of a predecessor, and he shall Spector of buildings. Scanlon v Carey repairing and demolition. Burofsky v not be removed from office during his term except for just cause and (1911)pen Mass 285, d this s se Turner ting p rmi Mass 574, bdi NE 90. after a hearing has been held on charges by and before theappoint- Compensation.-Under This section the Granting permission for subdivision of ing authority. (1980, 85, approved April 10, 1980, effective 90days the compensation m p of a town have no power th fix property,or nsetcp-A superintendent buildings of build- thereafter.) the com ensation of one whom the have ins or inspector of buildin s has no appointed building inspector. Amerige v statutory authority to grant such permis- Cross References- Saugus(1911) 208 Mass 51,94 NE 297. Sion, or to control sales of land, etc. As to retirement age for building inspectors, see ALM GL e 32 §90F. "It seems," that a person appointed to Howland v Acting Superintendent of be an inspector of buildings in a town Bldgs. & Inspector of Bldgs. (1951) 328 which has accepted the provisions of RL Mass 155, 102 NE2d 423. c 104, §4 (from which this section de- Effect of section.-The instant section, §§ 4, 5. (Repealed, 1972, 802, § 22.1 rives), with regard to the appointment of as it read prior to the 1957 amendment, "the superintendent of public buildings or provided that the inspector of buildings e such other officer (now "such other per- upon being informed that a building or § . Inspection of Dangerous, Unused, Uninhabited or Aban- song as the . . . selectmen . may anything connected therewith was dan- 6designate" to be such inspector,, is not gerous should inspect the same, and if it doned Buildings; Notice of Dangerous Condition. Y P appeared dangerous he was required to entitled to an additional compensation for the duties thus imposed upon him. notify the owner to remove it or make it The local inspector, immediately upon being informed by report or ' Ameri e v Saugus 1911 208 Mass 51, ) g g ( ) safe. 74, 164 v L75. (1960 340 otherwise that a building or other structure or anything attached 94 NE 297. Mass 474, 164 NE2d 875. thereto or connected therewith in that City or town is dangerous to Y';: The office of inspector of buildings is The instant section was referred to in life or limb or that any building In that city Or town is unused, neither a constitutional nor an elective an action for the alleged wrongful demo- office, and no question of the preference lition of a building owned by the plaintiff, uninhabited or abandoned, and open to the weather, shall inspect the of veterans under the Civil Service Law in connection with a defense set up by the same; and he shall forthwith in writing notify the owner, lessee or .r can rise in the case of the retirement of defendant that the demolition was carried mortgagee in possession to remove it or make it safe if it appears to an inspector, a veteran, with a retirement out under,a statute authorizing demoli- him to be dangerous, or to make it secure if it is Unused; uninhabited pension. Rich v Kimball (1925) 252 Mass tion of buildings under certain circum- or abandoned and open to the weather. If it appears that such 21E Election NE 586. stances c the City ec Boston. (1 Maggio Election to repair or demolish.-A let- v Mystic Bldg. Wrecking Co. (1960) 340 structure would be especially unsafe in case of fire, it shall be deemed ter from the superintendent of public Mass 686, 166 NE2d 213. dangerous within the meaning hereof, and the local inspector may affix in a conspicuous place upon its exterior walls a notice of its dangerous condition, which shall not be removed or defaced without § 7. Time Allowed to Remove or Repair Unsafe Structure. authority from him. (1878, 47, § I; PS 104, § 4; 1894, 481, § 14; 1899, 139, § 1; RL 104, § 4; 1908, 221, § 1; 1913, 655, § 4; 1918, 291, § 23; Any person so notified shall be allowed until twelve o'clock noon of 1946, 363, § 4; 1949, 541, § 1; 1957, 214, § 1; 1972, 802, § 23.) the day following the service of the notice in which to begin to 134 135 a�' HOUSING AND URBAN RENEWAL 121B § 4 Library References Municipal Corporations o6, 7, 23. Comments. States 19-84. Local housing authorities, see M.P.S. C.J.S. Municipal Corporations §§ 7 to 9, vol. 34, Stavisky, § 1394. 38 to 40. C.J.S. States §§ 141 to 143, 165, 202. § 4. Redevelopment authorities; creation; dissolution There is hereby created, in each city and town in the commonwealth, a public body politic and corporate to be known as the "Redevelopment authority" of such city or town; provided, that no such authority shall transact any business or exercise any powers until the need for such an authority has been determined and a certificate of organization has been issued to it by the state secretary, both as hereinafter provided. Whenever the municipal officers of a city, or the voters at an annual or special town meeting determine that there is a need for a redevelopment 9 authority in such city or town for the purpose of engaging in urban renewal projects or other work under this chapter and that it is in the i public interest that such an authority be organized in such city or town, a redevelopment authority shall be organized in such city or town. Whenever a redevelopment authority determines that there is no further need for its existence, and that all outstanding obligations of the 3 authority have been satisfied, it may by a majority vote of the five members submit the question of its dissolution, in a town, to the voters at an annual town meeting or, in a city, to the municipal officers. If a city or town votes for such dissolution in accordance herewith and the department is satisfied of the existence of the facts required herein, it " shall so certify to the state secretary and said redevelopment authority { shall be dissolved forthwith subject to the applicable provisions of section fifty-one of chapter one hundred and fifty-five. Added by St.1969, c. 751, § 1. Historical Note Prior Laws: St.1957, C. 150, § 1. G.L. c. 121, § 26QQ, as added by St.1952, St.1958, c. 199. c. 617, § 4. St.1958, c. 299. a a Cross References Urban redevelopment corporation, purchase or lease of real estate from housing authority, see c. 121A, § 7A. a ' 't Law Review Commentaries j Boston redevelopment authority. Morton H. Aronson (1963) 43 Boston U.L.Rev. 466. I„ 111 fi i I 11HOU7INGAiNDURBANRENEWAL 121B § 9 Library References Comments. Organization of housing authorities, see M.P.S. vol. 18A, Randall and Frankline, § 989. Notes of Decisions 1. In general Where housing authority was authorized Word "staff' in preliminary statement of by c. 121, § 26P(repealed; see, now, §§ 11, memorandum agreement between public 26 of this chapter) to make contracts, and housing tenants council and housing author- by c. 121, § 26N (repealed; see, now, this iry which provided that agreement was to section) to employ an executive director, cover all vacant positions on authority's that the contract was to run for five years staff applied to position of executive di- did not cause it to exceed power of authori- rector in light of other provisions in the ty. Chessman v. Somerville Housing Au- agreement requiring authority to maintain thority(1955) 123 N.E.2d 386, 332 Mass. 92. ; detailed descriptions for each of its jobs and Department of Community Affairs, re- ; to fill all vacancies under outlined proce- viewing under § 34 of this chapter the pro- dure. Fall River Housing Joint Tenants posed operating budget of a housing au- Council, Inc. v. Fall River Housing Authori- thority, may require the authority to ty (1983) 448 N.E.2d 70, 15 Mass.App. 992. change compensation of the executive di- Where housing authority's hiring of exec- rector to an amount that meets the approval i utive director violated procedures estab- of the Department, even though the Hous- ¢ k lished in memorandum agreement between ing Authority determined the compensation i authority and public housing tenants coun- of its executive director in accordance with cil, executive director's appointment would this section. Op.Atty.Gen., June 16, 1971, be vacated. Id. P. 131. POWERS AND LIABILITIES OF OPERATING AGENCIES Library References t. q I i Municipal Corporations 0-57 et seq. ) - C.J.S. Municipal Corporations § 106 et - seq. § S. Operating agencies; housing authorities The operating agencies having the powers and subject to the limita- tions provided in sections twenty-five to thirty-three, inclusive, shall be housing authorities. Added by St.1969, c. 751, § 1. E § 9. Urban renewal agencies 9 The operating agencies having the powers and subject to the limita- tions provided in sections forty-five to fifty-seven, inclusive, to be known as urban renewal agencies, shall be:— (a) each redevelopment authority; (b) each housing authority of a city or town in which no redevelopment authority has been organized; provided, however, that no housing au- thority shall initiate an urban renewal project until the municipal officers 3 119 Ii ill f 121B § 9 PUBLIC WELFARE of a city or an annual or special town meeting shall have determined that there exists in such city or town a need for urban renewal; (c) each housing authority of a city or town in which a redevelopment authority has been organized, but only with respect to projects initiated by such authority before the organization of a redevelopment authority and subject to section fifty-one. Added by St.1969, c. 7.51, § 1. Historical Vote Prior Laws: St.1966, c. 704, § 2. G.L. c. 121, § 26YY, as added by St.1955, c. 654, § 4. § 10. Designation of authorities Unless otherwise particularly provided in sections fifty-eight and fifty- nine the operating agencies having the powers and subject to the limitations provided in sections fifty-eight and fifty-nine of this chapter shall be either housing authorities or urban renewal agencies, whichever may be designated for the purposes of the particular program by the municipal officers. Added by St.1969, c. 751, § 1. § 11. Powers of operating agencies Each operating agency shall have the powers and be subject to the limitations provided in sections one to sixteen, inclusive, shall have the powers necessary or convenient to carry out and effectuate the purposes of the relevant provisions of the General Laws and shall have the following powers in addition to those specifically granted in this chap- ter:— (a) To sue and be sued; to have a seal; to have corporate succession; (b) To act as agent of, or to cooperate with the federal government in any clearance, housing, relocation, urban renewal or other project which it is authorized to undertake; (c) To receive loans, grants and annual or other contributions from the federal government or from any other source, public or private; (d) To take by eminent domain under chapter seventy-nine or chapter eighty A, or to purchase or lease, or to acquire by gift, bequest or grant, and hold, any property, real or personal, or any interest therein, found by it to be necessary or reasonably required to carry out the purposes of this chapter, or any of its sections, and to sell, exchange, transfer, lease or assign the same; provided, that in case of a taking by eminent domain under said chapter seventy-nine, the provisions of section forty of said chapter shall be applicable, except that the security therein required 120 I HOUSING AND URBAN RENEWAL 121B § 11 i i shall be deposited with the mayor of the city or the selectmen of the i town in which the property to be taken is situated. Except as herein otherwise provided, the provisions of chapters seventy-nine and eighty A relative to counties, cities, towns and districts, so far as pertinent, shall apply to operating agencies, and the members of a housing or redevelop- ment authority shall act on its behalf under those chapters. (e) To clear and improve any property acquired by it; (f) To engage in or contract for the construction, reconstruction, alteration, remodeling or repair of any clearance, housing, relocation, f urban renewal or other project which it is authorized to undertake or Sparts thereof; (g) To make relocation payments to persons and businesses displaced as a result of carrying out any such project; ! (h) To borrow money for any of its purposes upon the security of its 4 bonds, notes or other evidences of indebtedness, and to secure the same x by mortgages upon property held or to be held by it or by pledge of its revenue, including without limitation grants or contributions by the federal government, or in any other lawful manner, and in connection with the incurrence of any indebtedness to covenant that it shall not ) t thereafter mortgage the whole or any specified part of its property or pledge the whole or any specified part of its revenues; (i) To invest in securities legal for the investment of funds of savings banks any funds held by it and not required for immediate disbursement; 6) To enter into, execute and carry out contracts with any person or organization undertaking a project under chapter one hundred and twenty-one A; (k) To enter, with the approval of the mayor or board of selectmen and the department, into agreements with the federal government relative to the acceptance or borrowing of funds for any project it is authorized to undertake and containing such covenants, terms and conditions as the operating agency,Y. with like approval,, may deem desirable; provided, however, that nothing herein shall be construed to require approval by the mayor or selectmen or the department of requisition agreements and similar contracts between an agency and the federal government which are entered into pursuant to an agreement approved by them; ; i i (l) To enter into, execute and carry out contracts and all other instruments necessary or convenient to the exercise of the powers a granted in this chapter; i (m) To make, and from time to time amend or repeal, subject to the approval of the department, by-laws, rules and regulations, not inconsist- ent with pertinent rules and regulations of the department to govern its proceedings and effectuate the purposes of this chapter; 121 I i Y. f I 1 i r 121B § 11 PUBLIC WELFARE (n) To join or cooperate with one or more other operating agencies in the exercise, either jointly or otherwise, of any of their powers for the purpose of financing, including the issuance of bonds, notes or other obligations and the giving of security therefor, planning, undertaking, owning, constructing, operating or contracting with respect to any project or projects authorized by this chapter located within the area within which one or more of such authorities are authorized to exercise their powers; and for such purpose to prescribe and authorize, by resolution, any operating agency so joining and cooperating with it to act in its behalf in the exercise of any of such powers; and (o) To lease energy saving systems that replace non-renewable fuels with renewable energy such as solar powered systems. Added by St.1969, c. 751, § 1. Amended by St.1970, c. 851, § 2; St.1979, c. 183; St.1984, c. 189, §§ 96 to 98. Historical Note St.1970, c. 851, § 2, approved Aug. 31, G.L. c. 121, §§ 26R, 26T, as added by 1970, inserted "subject to the approval of St.1938, c. 484, § 1. the department" in par.(m); and added par. G.L. c. 121, §§ 26P, 26BB, as added by (n). St.1946, c. 574, § 1. St.1979, c. 183, approved May 18, 1979, G.L. c. 121, § 26QQ, as added by St.1952, added par. (o). c. 617, § 4. St.1984, c. 189, § 96, an emergency act, St.1952, c. 617, § 5. approved July 12, 1984, in par. (1), deleted St.1953, c. 647, §§ 16, 17. "and" from the end. St.1953, c. 668, § 6. Section 97 of St.1984, c. 189, in par. (m), St.1955, c. 640, § 2. substituted a semicolon for a period at the G.L. c. 121, § 26AAA, as added by St. end. 1955, c. 654, § 4. Section 98 of St.1984, c. 189, in par. (n), St.1957, c. 150, § 1. substituted "powers; and' for "powers." St.1958, c. 199. St.1958, c. 299. Prior Laws: St.1961, c. 188, § 1. G.L. c. 121, §§ 26Q, 26S, as added by St.1962, c. 115. St.1935, c. 449, § 5. St.1962, c. 764, § 1. St.1935, c. 485, § 2. St.1968, c. 230. Law Review Commentaries Apparent authority, employment of di- Duty to provide tenant security. (1973)7 rector to make contracts. Robert W. Bod- Suffolk U.L.Rev. 281. fish and Wendell F. Grimes, 2 Annual Sur- Public use as a limitation on eminent do- vey of Mass. Law, Boston College, p. 56 main in urban renewal. (1955) 68 Harvard (1955). L.Rev. 1422. Library References Comments. Powers and liabilities of housing au- thorities,see M.P.S.vol. 18A,Randall and Franklin, § 990. 122 i 121B § 45 PUBLIC WELFARE and evils enumerated above may be alleviated or eliminated; and that all powers relating to conservation and rehabilitation conferred by this chapter are for public uses and purposes for which public money may be expended and said powers exercised. The necessity in the public interest for the provisions of this chapter relating to urban renewal projects is hereby declared as a matter of legislative determination. Added by St.1969, c. 751, § 1. Historical Note Prior Laws: G.L. c. 121, § 26WW, as added by St. - £rx G.L. c. 121, § 26JJ, as added by St.1946, 1955, c. 654, § 4. _ c. 574, § 1. St.1957, c. 613, § 3. 4 ° St.1953, c. 647, § 18. Library References Health and Environment a 25.5(4), 32. C.J.S. Municipal Corporations § 1035. Municipal Corporations «267. C.J.S. Statutes § 323. ;s Statutes 3-184. C.J.S. Health and Environment §§ 28 to t 36, 52, 91 et seq., 130, 132. Powers of urbanrenewal,agency An urban renewal agency shall have all the powers necessary or ' convenient to carry out and effectuate the purposes of relevant provi- sions of the General Laws, and shall have the following powers in ,.. addition to those specifically granted in section eleven or elsewhere in this chapter:— y x (a) to determine what areas within its jurisdiction constitute decadent, substandard or blighted open areas; (b) to prepare plans for the clearance, conservation and rehabilitation of decadent, substandard or blighted open areas, including plans for carrying out a program of voluntary repair and rehabilitation of build- ings and improvements, plans for the enforcement of laws, codes and regulations relating to the use of land and the use or occupancy of buildings and improvements, plans for the compulsory repair and rehabil- itation of buildings and improvements,_`and plans for the demolition and r •+ removal—of Eildings and improvements_ t (c) to prepare or cause to be prepared urban renewal plans, master or general plans, workable programs for development of the community, general neighborhood renewal plans, community renewal programs and any plans or studies required or assisted under federal law; (d) to engage in urban renewal projects, and to enforce restrictions and controls contained in any approved urban renewal plan or any covenant or agreement contained in any contract, deed or lease by the 218 IrHO7USING URBAN RENEWAL 121B § 46 urban renewal agency notwithstanding that said agency may no longer have any title to or interest in the property to which such restrictions and controls apply or to any neighboring property; (e) to conduct investigations, make studies, surveys and plans and I disseminate information relative to community development, including desirable patterns for land use and community growth, urban renewal, j relocation, and any other matter deemed by it to be material in connec- tion with any of its powers and duties, and to make such studies, plans and information available to the federal government, to agencies or subdivisions of the commonwealth and to interested persons; i (f) to develop, test and report methods and techniques and carry out demonstrations for the prevention and elimination of slums and urban blight; (g) to receive gifts, loans, grants, contributions or other financial r d assistance from the federal government, the commonwealth, the city or town in which it was organized or any other source; and (h) In any city whose population exceeds one hundred and fifty thou- sand, to own, construct, finance and maintain intermodal transportation terminals within an urban renewal project area. As used in this clause an "intermodal transportation terminal" shall mean a facility modified as necessary to accommodate several modes of transportation which may include, without limitation, inter-city mass transit service, rail or rubber tire, motor bus transportation, railroad transportation, and airline ticket offices and passenger terminal providing direct transportation to and 9 from airports. a Added by St.1969, c. 751, § 1. Amended by St.1975, c. 581; St.1984, c. 189, I §§ 100, 101. Historical Note i St.1975, c. 581, approved Sept. 2, 1975, Prior Laws: 4 added cl. (h). G.L. c. 121 §§ 26Y-Y, 26AAA, as added ` } St.1984, c. 189, § 100, an emergency act, by St.1955, c. 654. § 4. approved Jul 12, 1984, in cl. (f), deleted St.1966, c. 704, § 2. PP Y "and" from the end. Section 101 of St.1984, c. 189, in cl. (g), -, substituted "source; and" for "source." Library References i Health and Environment x25.5(4). C.J.S. Municipal Corporations §§ 1035 et 4 Municipal Corporations x265 et seq., seq., 1088. ' 290. C.J.S. Zoning and Land Planning §§ 2, 5 Zoning and Planning c}1 et seq. to 7, 17, 18. C.J.S. Health and Environment H 91 et seq., 130, 132. 219 I 111 �; '!1'�'.'F� 1 •°s'"_ ♦. ,., S_q h c �?�C. k�' .. ,.�.-' } �fl - ®� � � ,� �-'■ �� _ �. �_. ,> ��� :`� �� .,.. i . �D/a�p� � { �a�s� 'jai '�'". t.R. �;• ���,� . ',� . ,, ,� "� '' _ *�= _� ,� ._ �' � - �� x t, �� _ � � �, � � r.. �sfa-/�d iii c �� },.S j, a�� Yer' >., ;o��l ^•N��. R I1�+ � u� m r �� j _l�C'ra-ra b.� � � \ 1 i. �1 vel ..is �. ��. i .. � ..31 T1..�. ��•�/. a.. �. „ y �.0 UPOITf A �� �irk .•'�)` Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (617)745-9595. EXT.311 April 12, 1991 FINAL RECOMMENDATION REGARDING DEMOLITION PERMIT William Munroe Director of Public Property City of Salem One Salem Green Salem, MA 01970 RE : 18 Crombie Street Dear Mr . Munroe : As per Part II , Chapter 2 , Article XV, Divison 2 , Section 2-394 (demolition Delay ) of the Code of Ordinances, the Salem Historical Commission hereby submits this written recommendation regarding the demolition of 18 Crombie Street . The Salem Historical Commission is opposed to the granting of a demolition permit for 18 Crombie Street due to the property being a historically significant building within the Crombie Street National Register District. Sincerelyy,y, Annie C . Harris ✓ Chairman cc : Holyoke Square, Inc . .a,cusoir� Salem 11is4rorical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS01970 (61 7) 745-9595, EXT.31 1 PRELIMINARY RECOMMENDATION REGARDING DEMOLITION PERMIT RE: 18 Crombie Street On Wednesday, November 7 , 1990, the Salem Historical Commission unanimously voted in opposition to the granting of a permit for demolition for 18 Crombie Street as proposed by Holyoke Square Inc . through its representative William J. Lundregan, Esq. As per Part II , Chapter 2 , Article XV, Division 2, Section 2-394 (Demolition Delay ) of the Code of Ordinances, no permit for demolition shall be issued until a more thorough investigation is undertaken and a final written recommendation regarding the granting of the permit for demolition is provided by the Commission to the Director of Public Property and to the property owner . Such investigation and recommendation shall be completed within 180 days of the original submission (October 15, 1990 ) to the Historical Commission. I attest that this is an accurate record of the vote taken, not amended or modified in any way. to this date . November 12, 1990 Jan A. Guy Cl k of the C mission cc : Building Inspector City Clerk JHisCom8/Denial7 r a . aiem Hisj®roc Com r� a ONE SALEM G R EEN. SAL EM. MASSACH USETTS 01970 V SQA}7»5-9595, EXT 311 APPLICATION FOR -- --- Waiver of. Demoli ion Dela Ordinance Pursuant to the Historic District's Act General Laws, Ch. 40 C) and the Salem Historical Commission Ordinance, application is hereby made for issuance of a Certificate of Appropriateness for: construction [ ]; reconstruction [X ]; demolition [ .1; moving [ ]; alteration [ ]; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the this real estate is not located in an Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 18 Crombie Street, Salem, Massachusetts Name of Record Owner: Holyoke Square, Inc . , Salem, Massachusetts Date building erected and architect, if known: 1831 DESCRIPTION OF WORK PROPOSED: (Please attach required scale drawings , paint chips and/or samples of work and material proposed, where applicable. ) Demolition of building Name ofxolyoke square, Inc . Signature o Owner: Owner: (PLEASE PRINT OR TYPE) it m LundrEsq . for eg Address of owner, One Derby are, Salem, MA Owner: Holyoke Square, Salem, MA Tel . No. 744-6123 Dat 10/15/90 SPACE BELOW LINE FOR OFFICIAL USE ONLY. FOR INSTRUCTIONS SEE OTHER SIDE. Date received: Date of hearing: By whom received: Number of Certificate: SALEM HISTORICAL COMMISSION Procedures for Filing Applications ,�. There is no fee to come before the Commission. Be prepared to apply for approvals well in advance of commencing any exterior work. Before making any changes to the exterior of a property in an historic district, the owner should call or visit the Commission representative at the Salem Planning Department to discuss proposed alterations and to determine the category of the application (Appropriateness, Von—Appiicability or Hardship):- '. ..� �..'� "}� ;r ;. y, S. The Commission normaelly meets on the first and third Wednesdays,of each month and notices are pasted at City Hail. The meetings are held at One Salem Green. 2nd floor, and begin at' 7":�30 p.m. All meetings of the Commission are oven to the public and any person is entitled to appear and be heard on any matter before the Commission before it reaches a decision. D. An application for a Certificate of Appropriateness or Hardship must he received by 3:00 p.m. on the Monday 16 days before the meeting in order to make the following agenda. An application for a Certificate of Non—Applicability may normally be added to the agenda up to the day of the meeting. E. All applications for Cerciticate of Appropriateness or Hardship require a public hearing. Notice of the hearing must be npsred with the City Clerk 14 days before the hearing and abutters must be notified in writing. Commission start will handle these procedures. A public hearing is not required for a Certificate of Von—Applicability. Applications must be submitted by the owner of the property. Ln case of a tenant, a waiver of the owner's appearance may ire granted at the discretion or the Commission it it is requested by the owner. G. An application will not be considered cemvlete unless all work items are thoroughly described on scaled drawings and include specifications regarding dimensions, materials, and anv other information needed for the Commission to visualize the changes in order to make a determination. Applications for paint colors should include a paint chip or chart. Applications for changes ocher than paint colors must be accompanied by scale drawings that adequately illustrate all proposed changes. The following items should be included in your drawings as applicable: 1. Site plan showing location of improvements; 2. Elevation drawings of the specific Lmprovemencs; 7. Details/profiles (i.e. moldings, fence caps, cornices, etc.): 4. Materials (i.e. wood, brick, etc.): 5. Dimensions ( i.e. size of trim); and 6. Transformers, heat pump and condenser locations, electrical entries and meters, lamp posts, stove pipes. It. At their convenience, a representative of the Commission will take pictures of the property from the public way for presentation at the meeting. It is not necessary that the applicant be home or be present. 1. At the hearing, the Commission will discuss the application with the applicant or his representative, hear the abutters and take a voce. Owners having professional consultants such as architects or contractors are urged to have them be present an the hearing. 1E the application is approved a Certificate will be issued, mailed to the applicant and copies will be sent ce the City Clerk and Building Inspector. Please note that the application can be continued until the next meeting if the ''ommtsston deems necessary (L., for reasons of incomplete drawings, to oerform a site visit, etc.). In any case, the Commission must make a determination wLLhan 60 days from the date the application is received. J. A property owner or a contractor cannot receive a building permit unless a Certificate has been issued or the applicant has a letter from the Commission stating that the change involved is nor subject to the Commission's jurisdiction. K. The City of Salem reserves the right to inspect the project to determine compliance with the conditions sec forth in the Certificate of Appropriateness. Violations A person commencing or completing work to the exterior of a building in an historic district without the necessary approval of the Commission is subject to fines of up to $500 per day from the dace of the violation. The City of Salem is not responsible for an owner's neglect to inquire about necessary City permits and approvals. ALL records are public and we will be happy to confidentially assist you if you are concerned that someone in your neighborhood is in violation. Assistance Copies of Commission guidelines are available at the Salem Planning Department. The guidelines provide examples of what is historically appropriate (and inappropriate) for Salem's neighborhoods including trim, siding, doors, doorways, porticos, steps, fences, masonry, paint colors, parking solutions, roofing, and windows. These guidelines will help you understand what changes are likely or unlikely to be approved. The Commission supports your efforts to Improve your property and tan guide you on historical appropriateness. Various books and City—wide architectural inventories are available to help you identify the style and age of your home. Also available are rehabilitation guidelines, mist. legislation, pictures, books, and other historical data and research materials. For further information contact the Commission's staff representative, Jane Guy (Salem Planning Dept One Salem Green. Salem, MA 01970, 508-745-9595, ext. 311). JHisCom7/Summary Pc:v C "` > CITY OF SALEM In City Council,.__ January 9_. 75 \ Ordered: WHEREAS: the Holyoke Mutual Fire Insurance Company of Salem recently undertook the construction of additional office space now nearing completion, and WHEREAS: the Holyoke chose to build in Salem, rather than move to Route 128, and WHEREAS: the Company chose to build within its structure some 120 parking spaces, thereby, relieving the surrounding neighborhood of excessive curb parking, and, WHEREAS: these 120 spaces cost the company some $800,000.00, some $6,600,00 per car space, now, therefore, BE IT RESOLVED by the City Council of the City of Salem, that, the Holyoke Mutual Fire Insurance Company is hereby commended for its high sense of civic duty and responsibil- ity and this Council extends the gratitude of the people of Salem to the Holyoke Mutual Fire Insurance Company for its continued faith in the future of the City of Salem. In City Council January 9. 197,5 Adopted Approved by the Mayor on January 13, 1975 HELE UCJTi N N. CON, ATC ES T: CITY CLERK (ACL-ing) a � e �t Salem Historical Commission ONE SALEM GREEN. SALEM, MASSACHUSETTS 01970 745-9595, ext. 311 NOTICE OF HEARING The Salem Historical Commission will dive a public hearing to all persons interested in the application of: Holyoke Square, Inc. on the property at: 18 Crombie Stteet concerning: - Demolotion of building - Waiver of demolition delay ordinance Date of hearing: Wednesday, November 7, 1990 Time of hearing: 7:30p.m. Location of hearing: One Salem Green By Order of the Salem Historical Commission (Lea Cle 0 f the Commiss' n DEPOSITION .SUBPOENA: DUCES TECUM FORM 494 DS HOBBS & WARREN INC. WITH OFFICERS RETURN OF SERVICE REVISED 7-774 C�pmmnnmrttltlf of �ttssttrl�usp�,s Essex Superior ' BB' Court Docket No. 92688A Holyoke Square, Inc. Plaintiffs) M. R. C. P. The State Building Code Appeals Rule 30(a) & Board, The Salem Redevelopment Rule 45 Authority, and William Defendants) i Munroe as he is the Building p Inspector of the City of Salem TO: KEEPER OF THE RECORDS c/o Ms. Jane Guy, Designer Selection Board, One Salem Green, Salem, MA 01970 Greetings: YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to appear and testify on behalf of Holyoke Square, Inc. before a Notary Public of the Commonwealth, at the office of Attorney William J. Lundregan No 81 Washington _ Street, in the City of Salem on the. Twenty-First day of April p 95, 19 , at Nine o'clock A M., and to testify as to your knowledge, at the taking of the deposition in the above-entitled action. And you are further required to bring with you any and all records that you have with reference to Heritage Plaza West, Salem, MA and any and all records with reference to the Salem Redevelopment Authority and Heritage Plaza West, Salem, MA. Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and provided William J. Lundregan, Esq. Dated March 23 19 95 Attorney for 81 Washington Street lddress Salem, MA 01970 4Aly liam J. Fte%W Comm' 'on expires 7/26 19 96 City or Totun �p 5Us$ 74/" Ju9UQ `Strike out the words "And you are further required to bring with you" unless the subpoena is to require the Production of Documents or tangible things, in which case production of document or tangible things should be designated in the space provided. "THE N SAVOY JUMP TDM. . •ive Baru Williu.�i , A gkdy skeptical of Dole's to the editor es d`az'ing annual at the Pio- Letterst .,er Institute's annual meeting at the Parker House in Boston this past Tuesday. The problem;Kristol explained is i Save this house for a homeClinton sounds like '.ame-too Re publican," while 'Dole simply I. sounds like Dole." Kristol,editor and publisher of the To the Editor. Washington-based Weekly Standard, d We are writing this letter to let,other people know said Dole needs to propose to major id- about this issue. tax cut in order to start generating i_ There is a house on Crombie Street in Salem that enthusiasm for his campaign He will soon be wrecked to make more parking spaces, noted too;that.Clinton,had the ad r' when we already have two parking lots on the top vantage of being the fust Democratic the and bottom of our street.We do not want this to hair _ incumbent since 1964 who did not i pen, so we have taken a stand and written letters to face a challenge within his own par- Holyoke am Holyoke Insurance Company explaining other things ty,and will reap the benefits of a jest Of that could be done. - healthy economy and his speech -. if the company is really taking care of it,why does € was made just hours before the ; it look like trash?The house may have problems on witbombing in Saudi Arabia—the lack IIeT- the outside,but what about the inside?There is al- .a t' of hostilities abroad. thials ways a family looking for a house. Dukakis prefaced his remarks on.. I ,g Holyoke should be determined to care for thethis year's presidential race by not- i; aTS house. But as you can see if you look at the house, ing,"If I knew anything about that,I they aren't determined to take care of it.This house is wouldn't be here right now;"refer- +; al historic and could also be restored. ring to his failed bid for the White ; It has gotten so bad that it looks like a crime scene _ House in 1988. —the windows are boarded up, the porch is falling t in,there is safety tape around the house. r °There was blue blood-pmmngig i; It is like Holyoke is avoiding us because we-are x k '-' '•`� the street,':one wag cbserveW l@st children.When we went over to talk to them,instead ln,.+veekend sRepublican chowder out ey of talking to us nicely as if they cared,they treated us News staff photo/Kirk R Williamson ing at Tucks Point in Manchester- + Of bluntly and said good-bye before we.could do any- Boarded up house on Cromble Street in Salem by-thoSea thing. which is owned by Holyoke Insurance. The event brought,incumbent 4; COM- One of our parents went over to get a response about a year ago after we had sent our first letter.The with the idea(of saving the house).,The last thing we state Rep.lames Colt,R-Wenham +; nSe president told her that our parents were using us to need on a street with a homeless shelter is to have and his predecessor,Clark,withixrcomfHornttati uncomfortably save the house because we were cute little kids. Holyoke tear down a home. Miranda Wall range of each other. Colt has made Not long ago we went door to door getting a petition Sarah Pelletier no secret of the factthat he feels iMeS signed by Salem residents. We had the Ward 3 coup- Salem Clark played a dirty hick on him by y cilor sign and only had one person out of 41 disagree choosing the occasion of the incum- bents annual Caribbean vacation— which happened to coincide with the budget debate in the House—to an- nounce his' and has told reeiate our natural resources -` fellow Republicans that if the 4th Es- ' sex House seat is lost to a Democrat thiscarry away water effectively with- ways, and the natural world earthey can blame it on Clark. it in out overflowing banks)k�.They also have all of its con norrf the Colt-Clark fight v ',t r to th- —' `.`—.- u^c , -£�e Ipswich S all 6"1 t dre ya erican Stage omp for "besss u -`c s and there will be prizes in Festival in N.H. Washington, several categories. Best viewing is one(202)343-3780) said to be from Bismore, Aselton, On July 4, "The Innocents," a istan rtaspc �wr� rmation about hik- and Veterans Park, Hyannis. Call Gothic ghost story by William you attempt, you'll hout the country. 1-800-HYANNIS for information. dons sense of accomplis o America Online OnJuly 4,there will be a turn-of- you reach:.your goal—and: il information by the-century Ice-cream social In Legal Notice probably•Want to do it again. clicking on "Clubs," "Interest"and Old Deerfield from 10:30 a.m.to 4:30 Ifyou're:a complete novicebegin "Backpacker There are LEGAL NOTICE P.m. Plans include music, Victori- CITY OF SALEM & with short day hikes on relatively; also chat and message centers for an dancing, hat making, a water- O), flat segments of the trail,and gradu- hikers.The World Wide Web's Great melon seed contest and games for Sealed bids will be received at the Sal ally work up to longer distances and Outdoor Recreation Pages(GORP) "kids"of all ages. For information, Office of the City Purchasing Agent, A, more challenging grades. hosts a home page that will connect call 413-774-7476. 1 One Salem Green, Salem, MA the Damascus and other towns you with other sources(http://www. "Your Hometown American Pa- 01970, until 10:00 A.M. July 17, tor': along the,Appalachian Trqrl vfel:, gorp.com/pcta home.htm). rade"be ms on Jul 4 at 10 a.m. in 1996,at which time and place they will be . come da g Y to publicly opened and read for the fol- No y,;pveekend or w elv liik- For information and maps for Pittsfield.This nationally televised lowing: the ers. So do America's.other long- long-range trails, contact the fol- parade is one of the largest in Plumbing Services For School Ston range hiking trails, including: lowing: America. Call 413-499-3861 for in- Department Sales —the Pacific Crest'Trail.,This —Appalachian Trail Conference formation. Bid specifications, information,and nitur covers12,600'nilless,ffomi the Califor= (P.O. Box 807, Harpers Ferry, On July 4,Old Sturbridge Village forms are available upon request at the clothe nia Mexico border about So miles W.Va.25425), is holdingan Independence Da Office of the City Purchasing Agent. lany i east of San Diego,through the Mo- continental Divide Trail Alliance Celebration and Parade from g Bid awards are made by the Purchas- Long, jave.Desert,and dramatic scenery (P.O.Box 628,Pine,Colo.,80470). a.m.to 5 p.m:Join in a lively 1830s in Age t and ayora e subject ubhe ecty approval Sale I of Oregon and Washington State, —Pacific Crest Trail Associa- patriotic celebration, including a reserves the right to reject any and all Bostoi to-,^Manning Provincial Park, tion(5325 Elkhorn Blvd.,Suite 256, reading of the Declaration of Inde- bids,or to waive any informalities in Terms: British Columbia;Canada , , Sacramento, Calif.95842). pendence,a parade,and a picnic on the bidding, if deemed in the City's tion ai the Continental Divide Trail. This 3,100-mile route crossessix (1046 Azalea Court, Virginia 508-347-3362. - - Dennis Daly Attlelx distinct,ecological zones from-New Beach,Va.23452). Purchasing Agent (6/28; Mexico's Chihuahua,Desert to Rails-To-Trails Conservancy pub- (6/28,7/l/96) Glacier-Waterton International lishes "700 Great Rail-Trails:A Na- Legal Notice Peace Park at the.Montana-Alber- tional Directory,"available for$9.95, g ta,border with Canada. plus$4 for shipping and handling) f71the American Discovery Trail, from RTC,1400 Street NW,Suite Commonwealth of which winds•across the-breadth of '300, Washington, D.C. 20036, tele- Massachusetts The Trial Court thgAIn�e-d,States#sorn",300sniles,. phone-(202)797-5400. Probate and Family Court, Legal Notice tllliWugh`1Sildernegs a> dl,usban;W., Department . eas from Point•Reyes.,,Calif.;to Essex Division Cape Henlopen Del. - Legal Notice MASSACHUSETTS DEPAR'Docket No.96D0897-DVl ENVIRONMENTAL Shorter trails created by localcon- COMMONWEALTH E MAS, servation;and.hiking groups follow CITY OF SALEM Summons By Publication 1 WINTER STREF abandoned railroad tracks..They Sealed bids will be received at the. Allyson A.Valley,Plaintiff(s) BOSTON,MASSACHUSE' range from about 10 to 40(1:miles in Office of the City Purchasing Agent, V. length, are easy to hike(some allow One Salem Green,Salem,Ma 01970, Frank Valley,Defendant(s) U.S.ENVIRONMENTAL PROTEi biking and skating.as well),and pro- until 10:00 A.M. July 17, 1996, at _ OFFICE OF ECOSYSTEM PF vide spectacular scenery and close-- which time and place they will be pair To the above named Defendant(s): MA OFFICE OF ECOSYSTEM ups.of historic buildings that served licly opened and read for the following: A Complaint has been presented to REGION I Resurfacing y �( ) y BOSTON,MASSACHUS the railroads., ; - � cnig of City Streets this Court b the Plaint' s, Allyson Basic trail equipment for noviceBid specifications,information, and A. Valley, seeking to dissolve the JOINT PUBLIC NOTICE OF A DRAFT or;experienced hiker includes: , forms are available upon'request at the bonds of matrimony(divorce). - CHARGE ELIMINATION SYSTEM (NPDF' Office of the City Purchasing Agent. You are required to serve upon INTO THE WATERS OF THE UNITED STAT —sturdy hiking boots,wth waf- Bid awards are made by the purchas- Allyson A.Valley-plaintiff(s)-whose 402 OF THE CLEAN WATER ACT (TH fled soles that grab the trail.-,-, ing Agent and are subject to approval address is 5 Edwards Street,Apt.#4, ERF sufficient fresh water,and by the Mayor. The City of Salem Beverly, MA 01915 your answer REQUEST FOR STATE c TIC on ACT. food:+ > reserves the right to reject any and all or before September 9, 1996. If you —q flashlight with a batteON" any informalities in fail to do so, the court will proceed to D TE O eemed in the City's the hears and ad ucation of this ,- SLni$CT;een, ..� -- Y' j p '=also required to fila a nth RECEIVED lallstoric DEC 101990 SALEM PLANKING DEPS'. incorporated 7 CAMBRIDGE STREET SALEM, MASSACHUSETTS 01970 / PHONE (508) 745-0799 Dear Historic Salem Member : Who could have predicted that in 1990 a civic-minded local business would seek permission to demolish a 220-year old house in one of Salem ' s landmark downtown districts? Although the historic character of Salem ' s downtown is critical to its economy today , the Holyoke Mutual Insurance Company has sought the Salem Redevelopment Authority ' s permission to tear down a property at 18 Crombie Street that is one of the last seven residences on that street and one of the last residential streets in the downtown . At a November hearing before the Salem Historical Commission , Holyoke Mutual stated through a representative that it has no cur- rent plans to expand its operation . The company provided no justi- fication for requesting the drastic remedy of demolition . You may have received a letter sent by Bill Guenther of HSI to Douglas Ryder of Holyoke in April 1989 which explained the importance of the Crombie Street property in the context of its location . Yet , as of November 15 , the company ' s lawyer stated that Holyoke Mutual intends "to press ahead to tear the house down . " (See enclosed news article ) It is not yet too late . We need you to show your support for preservation by sending letters and postcards to the Salem Redevelop- ment Authority before they consider this proposed demolition . Consider : g • The Crombie Street National Register District contains only 7 houses . Each structure is integral to the District . • Crombie Street is one of the last residential neighborhoods in downtown Salem. The district is worth saving intact . Please act today . Send postcards and letters supporting the preservation of the Crombie Street property to Ms . Joan Boudreau , Chairwoman , Salem Redevelopment Authority , One Salem Green in Salem . Sincerely , Nina V . Cohen For the Board of Directors ��ril orc incorporated 7 CAMBRIDGE STREET SALEM, MASSACHUSETTS 01970 Ms . Joan Boudreau Chair , Salem Redevelopment Authority One Salem Green Salem , MA 01970 Dear Ms . Boudreau : I am concerned about the proposal to demolish the 18 Crombie Street property , and I urge the SRA to deny permission to demolish when the issue is before you . Signed , THE SALEM,MASS.,EVENING NEWS—THURSDAY,NOVEMBER 8,1998 tt SALEM Preservationists,!, firm feud over old downtown house y. Crombie Street -W, home to be razed for parking lotA T. A News staff report SALEM—The Historical Com- mission and the Holyoke Mutual '. Insurance Co.are locked in a bat- tle over an old house on Crombie , -- Street which the company wants to tear down for parking spaces and the commission wants to pre- serve. Y� The Historical Commission - voted unanimously Wednesday ' T"Fell-- night after a three-hour hearing e'-'' JH1 to recommend against granting a .? waiver of the delay ordinance for _ demolition, requested by Hol- 'We intend to press This is a 'historiEase - yoke. The commission can only ahead to tear the c a l l y significant delay demolition of the house for house down.' building.' six months. The Salem Redevel. William J.Lundregan, Anne Farnham, opment Authority will make the Holyoke attorney -Essex Institute decision whether it can be torn down. Commission members and Hol- brel house are Historic Salem Lundregan denied charges The Holyoke Mutual Insurance Company and the city's Historical Commission disagree over the age and yoke representatives could agree Inc. and the Massachusetts His- from opponents that the com- significance of this old gambrel home on Cromble Street and neighbors say the company's plans to torical Societ pany,which employes 200 people, demolish the structure for a parking lot will be one more damaging blow to this downtown residential i n little about the house includ- y' was threatening to leave the city street which Is a National Register district.View Is looking north toward Essex Street Out of view at left Is ng its age and its structural Anne Farnham, on behalf of ifit didn't get its way. former Joe's Auto Laundry property at comer of Cromble and Norman streets. Tn sok,,,.vo ffiiep� soundness.Commission members the Essex Institute, said the contended it was structurally fine house is a"historically significant He said the company could let Holyoke.didn't have any immedi- already considered it. Slam said the demolition of the and maybe 220 years old while building" which is important to the building decay to a point ate plans to develop it. Frank Montesi of 15 Crombie house would be a tragedy. the company said it was 160 years preserve.She noted it wasart of 'Where city official would be p forced to tear it down "We'd like to find out the com- St.said it another case of a cot- "The neighborhood has been . old,falling down and ofno histori- the historic register. pany's strategic plans without Potation"bowling over"a Salem under neige for the past 10 years. cal importance. He detailed the company's 140 any of the threats to leave the neighborhood. He said only four This neighborhood is being nickel Attorney William J. Lundre- homes will be left on the street Most of the neighbors on Crom- P g y year commitment to downtown arry l o looks city;' said David Pelletier, a and darned out of existence;' gan, re resentin Hol oke, said Salem.He said the company looks Crombie Street resident. ,Which was once filled with homes. Slam said. bie Street also opposed the demo- the company originally wanted to at nearby properties when they Stephanie Montesi said Crom- lition of the house, which abuts turn the building into a confer- come up for sale if it abuts their Board of Appeal member Jane bie Street was the last residential Commission Chairwoman An- Joe's Auto Laundry, also owned ence center but it was in such property. Holyoke bought the Stirgwolt suggested that since the street downtown, according to nie C. Harris said tearing down by the insurance company. Hol- poor shape that rehabilitation house for$169,000 four years ago. company had no immediate plans the Historic Register. the house will only provide a few yoke is located across Norman costs were too high. for the lot that it lease the house ' parking,spaces. She mentioned Commission members and oth- until it works out plans. Board "I'm really frustrated aboutother city plans to increase park- StreetfromJce'sAutoLaundry. P this back door approach,' she ing nearby. "We intend to press ahead to ern tried to determine whether members agreed that it was an said ing nearby.She said the property Among the groups in favor of tear the house down,"Lundregan the company had any more plans option Holyoke should consider. is listed under the Crombie preserving the single family gam- said. for the house lot.Lundregan said Lundregan said the company had Commission member Russell Street National Register District. � � � i � � � � �� R ti� °� TS * yl R/ ECFPVFE , tau v MNf 2 X991 SALU NINTH N-21, ewe �c CO �Co �MISst� � to 0nWealth May 24, 1991 Joan Boudreau Chairperson Salem Redevelopment Authority One Salem Green Salem, MA 01970 Dear Ms. Boudreau: On behalf of the Massachusetts Historical Commission, I would like to express our concern regarding the proposed demolition of the historic property at 18 Crombie Street in Salem. This house built c. 1770, is a contributing element in the Crombie Street Historic District which is listed on the National Register of Historic Places. The Crombie Street Historic District is extremely important as Salem's only surviving downtown residential district from the early 19th century. The demolition of 18 Crombie Street, the oldest structure within the district, would be detrimental to the character of this rare residential enclave. Therefore, The Massachusetts Historical Commission strongly urges the Salem Redevelopment Authority to deny the demolition request for 18 Crombie Street and to support ongoing local efforts to preserve this property and investigate alternatives to demolition. Sincerjelyy,, /� c� AM La . J th B. McDonough Q Executive Director Massachusetts Historical Commission State Historic Preservation Officer Massachusetts Historical Commission,Judith B.McDonough,Executive Director, State Historic Preservation Officer 80 Boylston Street,Boston,Massachusetts 02116 (617) 727-8470 Office of the Secretary of State, Michael J. Connolly,Secretary Pioneer Village Restoration Campaign fi19 Union"St.,, Salem, Massachusetts 01971 V E - - Salem � �,T(1 190,0 December 10, 1990 Ms. Jean Boudreau Chair, Salem Redevelopment Authority One Salem Green Salem, MA 01970 Dear Ms. Boudreau: 7 Pioneer Village - Salem in 1630 would like to transform the house located at 18 Crombie Street into a year-round resource to be used as a classroom facility and residence. Under the title "Francis Story Memorial House", some y of the required restoration funds may be obtained through Salem's preservation -v community and the Holyoke Mutual Insurance Company. Pioneer Village has an effective operating season from June through October .. 31st. With the addition of the house, educational programs could be conducted from September through June using the facility in place of the Village itself, at which there are no amenities available for off season occupancy. Additionally, the house would provide valuable reception, meeting and training space for the Holyoke Mutual Insurance Company. j r Thank you for your consideration and interest in this proposal. Sincerely, •`i Peter D. LaChapelle cc: William J. Lundregan K. David Goss w National Trust for Historic Preservation RECEIVED I Q 1990 December 4, 1990 Salem Redevelopment Authority One Salem Green Salem, Massachusetts 01970 Dear Sire: It has come to the attention of the National Trust for Historic Preservation that you have been presented with a proposal to demolish the house at 18 Crombie Street in Salem. The Northeast Regional Office of the National Trust for Historic Preservation would like to take this opportunity to express its concern over this proposal. The National Trust was chartered by Congress in 1949 to promote the historic preservation policy of the United States and to provide advice and assistance on preservation issues. The Northeast Regional Office represents the programs of the National Trust to the New England states and New York. The seventeenth century house at 18 Crombie Street is one of seven structures located in the Crombie Street National Register Historic District. The District is of national significance in that it is one of the last residential districts of the 1800s which survives in downtown Salem. We feel that the destruction of this historic site would irreparably alter the fabric of this national register district. Accordingly, we urge you to deny permission to demolish the house at 18 Crombie Street, and encourage you to discuss alternatives to demolition of this historic site with the property owner. yckSin 1 i Jo Sandstead Regional Director Northeast Regional Office National Office: 45 School Street, Fourth Floor 1785 Massachusetts Avenue, N.W. Boston, Mass. 02108 Washington, D.C. 20036 (617) 523-0885 �202] 673-4000 5 Kimball Street Marblehead, MA 01945 December 14 , 1990 Ms. Joan Boudreau Chairman, Salem Redevelopment Authority g� _ l One Salem Green Salem, MA 01970 DEC 17 INO Dear Ms. Boudreau: r^,- ,,. T. I am writing to strongly protest the demolition of 18 Crombie St. as proposed by the Holyoke Mutual Insurance Company. I write as a person who has looked at Salem closely for over thirty-eight years. My husband' s office (practicing orthopedic surgery) was located there for thirty-five years. I have worked in Salem for the past seven years. In the years before that I volunteered as a guide at the Essex Institute. I may have talked with you some years ago following the pub- lication by the Essex Institute of a paper I had written regarding the architectural significance of some of the Victorian houses on Lafayette St. I only go into this bit of background to let you know that this is no off the cuff response to the question of the treat- ment of 18 Crombie St. A day or two ago I walked Crombie St. to honestly evaluate the effect of the proposed demolition. That house is a thread by which the character of the Crombie area hangs together as a view of old Salem. To demolish it is to tilt the view to a barren parking lot void -with two vacant lots and video, fast food corner already there. Anyone who is in Salem regularly recognizes the large number of tourists. They come for one reason only. That is to walk in an atmosphere that reflects early New England and early United States. The loss of 18 Crombie St. would severely under- mine the feeling of old Salem that one finds in that area. If I can be of any assistance to you in trying to arrive at a decision regarding this proposal please contact me. My telephone is 617 631 1173. I am sending a copy of this letter to Mr. Douglas Ryder, President Holyoke Mutual Insurance Company and to the Board of Directors of Historic Salem Inc. Sinc Y rely, O'Yv M . William E. Johnson RECEIVED C E,H 111991 SALLA PLA51N G DEPT. 21 Flint Street Salem, MA 01970 February 8, 1991 Joan Boudreau Chairwoman Salem Redevelopment Authority One Salem Green Salem, MA 01970 RE: 18 Crombie Street Dear Ms. Boudreau: We add our voices to those of other outraged Salem citizens protesting Holyoke Mutual Insurance Company' s plan to tear down the historic home at 18 Crombie Street. It is incumbent on the Authority, as well as the present City administration, to let Holyoke know that while Salem and its residents value its economic contribution, we fully expect all local businesses to be respectful of Salem' s rich history. Moreover, Holyoke' s refusal to be forthcoming about its true reasons for this demolition adds insult to injury. We look forward to having this matter resolved in a public forum. Sincerely, Maria and Michael Buckl e xc: Mayor Neil Harrington Douglas Ryder Nina V. Cohen 22 Chestnut Street Salem, MA 01970 p9� w December 17, 1990 R `EIVED They Hall Honorable Neil Harrington Cit DEC 19 1990 Salem, MA 01970 N FUMNIh6' Dear Neil: Dfpj, I understand that in the next few weeks the Salem Redevelopment Authority will decide whether to allow the owners of a 220-year old house on Crombie Street to tear it down to make room for a parking lot. Given our increasing reliance on tourism, it's surprising that the issue should even be before the SRA. After all, how many tourists will come to Salem to see 8 asphalt parking spaces and a shrubbery? As you know, until the 1970s the area around the Crombie Street house was lined with 17th and 18th-century homes, including the birthplace of Samuel McIntyre. Federal archivists deemed the 7 remaining houses significant enough to warrant recognition in the National Register of Historic Places, and a small but viable neighborhood exists there. The owner has an economic interest in proving otherwise. e If Holyoke Mutual is unable to function without additional parking, why can't they be persuaded to use alternative available space? If additional office space is needed -- and Holyoke Mutual denies that it is -- the company surely could use some of the vacant space elsewhere in the downtown. As taxpayer dollars are put to use developing uses for Salem's historic resources, the City of Salem should demonstrate its commitment to protecting and preserving its remaining historic structures. About a week ago, I sent a letter to Historic Salem members, describing the SRA's coming decision on 18 Crombie Street. Already several have approached me to thank me for alerting them, and it appears to be an issue that will be followed. I urge you to take a strong stand against the demolition of the 18 Crombie Street property., Yours truly, /lig cIVh1A— Nina V. Cohen 24 Norman Street, Unit 310 �T Salem, Massachusetts 01970 October 3, 1990 C jr^uq 47,r Ms . Jane Guy, Clerk Salem Historical Commission One Salem Green Salem, Massachusetts 01970 Re: 18 Crombie Street Salem, Massachusetts Dear Ms . Guy: This letter is written in response to your Notice of Hearing concerning a waiver of the demolition delay ordinance regarding the above described property which is scheduled for this evening at 7 : 30 P .M. I am unable to attend the hearing but would request that you make known to the Commission my strong opposition to the waiver. It is my understanding that the property is over two hundred years old and that it is one of seven remaining properties which constitute the Crombie Street National Register District. The idea of the destruction of such a property is appalling. Surely there are alternatives to such a final act. This community needs as much time as it can get to see that something can be done to save this historical property. Therefore, as a property owner in Salem, a neighbor to the property in question and as a concerned citizen, I strongly oppose the granting of the waiver. Sincerely, , Ju ith A. Wolfe V RECEIV E� NO`! 161990 J.Mlchael Sullivan SkIll pIARRIn DEPT. 13 Linden St. Salem Massachusetts 01970 Mr.Neil Harrington Mayor City of Salem Salem Town Hall Salem Massachusetts 01970 November 10, 1990 Re: Proposed demolition of house on Crombie Street Dear Mayor, Based on an article in the November 8, 1990 edition of the Salem News, I have become aware of the debate over the above mentioned property. It would be a significant blow to the character of the neighborhood if the Board of Appeals allows the owner to demolish this property. Please pass on my concern with this proposed demolition to the Board of Appeals. This portion of Salem has a great deal of potential. This building could be used for so many other uses which would contribute to that potential. A parking lot will only tarnish the reputation of the Hoyloke Mutual Insurance Company as well as hasten the decline of a wonderful part of town. Yours Very Truely, Michael Sullivan cc: William J. Lundregan, Holyoke Mutal Insurance Company �� Annie C.Harris, Salem Historic Commission r _ DONNA LEE CARAMELLO ��✓ 10 CROMBIE STREET �. SALEM, MA 019701 00 O U d �r r S-VJTS 1990 -7 O'�fMISS�TCC September 25, 1990 17° " 10 �onWealth Annie Harris Chairperson Salem Historical Commission One Salem Green Salem, MA 01970 Dear Ms. Harris: It has recently been brought to the attention of the Massachusetts Historical Commission that the property at 18 Crombie Street in Salem is threatened with demolition. This house, built c. 1770, is a contributing element in the Crombie Street Historic District which is listed on the National Register of Historic Places. The Crombie Street Historic District is extremely important as Salem's only surviving downtown residential group from the early 19th century. The demolition of 18 Crombie Street, the oldest structure within the district, would be detrimental to the character of this rare residential enclave. The Massachusetts Historical Commission strongly supports the efforts of the Salem Historical Commission to preserve this property, and encourages the Salem Historical Commission to implement the provisions of the city's demolition delay ordinance to develop alternatives to demolition. The staff of the Massachusetts Historical Commission are willing to consult with the property owner to discuss alternatives for the building's preservation. Please let us know if the Massachusetts Historical Commission can be of assistance in preserving this important historic resource. Sincerely, `� _ !- Elsa Fitzgerald U Acting Executive Director Massachusetts Historical Commission ENF/MV/kab Massachusetts Historical Commission 80 Boylston Street,Boston,Massachusetts 02116 (617) 727-8470 Office of the Secretary of State, Michael J. Connolly,Secretary RECEIVED FES 041991 February 1 , 1991 M0 PLANNING DEVTS ® Joan Boudreau, Chairperson Salem Redevelopment Authority 1 Salem Green Salem, Massachusetts 01970 Dear Members of the Authority, The Salem Y.M.C.A. has been an established member of the Salem community since 1854 . During that period of time it has seen a lot of businesses come and go within the Salem business community. One company which has been particularly Q supportive of the Y.M.C.A. ' s mission to serve the needs of Salem' s residents over this time is the Holyoke Mutual Insurance Company. Whether the need has been for a scholarship to enable a child to participate in a program, for a conscientious officer or employee to serve voluntarily on the Board of Directors , or for a capital contribution to allow the Y.M.C.A. to expand its facilities to better serve the community, the Holyoke has always stood ready to quietly and reliably contribute from its resources . The Y.M.C.A. initiated a major capital fundraising in 1989 in order to construct a natatorium and fitness facility to better serve the Salem community and to expand its day-care facilities . The Holyoke was one of the first to give its support and made a substantial financial commitment to this project . The Y.M.C .A. Board of Directors is aware of the difficult decision now pending before the Authority with regard to the building at Crombie Street . We take no position on this matter, but only wish you the wisdom of Solomon. We did want to bring to your attention however the fact that the Y.M.C.A. has been a beneficiary of the Holyoke' s civic generosity over a lengthy period of time and we believe the community has been enriched thereby. Very truly yours , Q Richard W. Stafford President YMCAHOLY/TXTRWS SALEM YMCA One Sewall Street Salem, Mass.01970 Telephone: (508)744-0368 (508)744-0351 SALEM YMCA- PIONEERS IN YOUTH WORK YOUR GIFTS AND BEQUESTS WILL BE YOUR INVESTMENT IN YOUTH DEC 26 1990 December 21, 1990 �,. .p �� � A DEPT. Joan Boudreau, Chairman Salem Redevelopment Authority One Salem Green Salem, MA 01970 Dear Ms. Boudreau: As President of the Boys and Girls Club of Greater Salem, I am writing to you to attest to the genuine concern and commitment to the youth of Salem, the Holyoke Mutual Insurance Company has demonstrated by its involvement with the Boys and Girls Club. Holyoke's generous contributions of time as well as money to the club's capital campaign played a key roll in making the move to our new facility possible. Now instead of serving 20 or 30 boys each day in our old building, we serve 200 - 300 boys and girls each day in our beautiful new facility on Hawthorne Boulevard. Without the support of Holyoke and a few other good corporate citizens in the city of Salem, this move would have been impossible. I trust this information will be useful to you in more fully appreciating the important roll that Holyoke plays in the Salem community. Sincerely, John W. Bitner Senior Vice President JWB/saa cc: Neil Harrington, Mayor Douglas Ryder, President The North Shore Chamber of Commerce, Inc. 5 Cherry Hill Drive Suite 100 Danvers,Massachusetts 01923-4395 (508)774-8565 iim C L vV U Fax: (508)774-3418 CHAIF k B U 4 1991 Robert H.StudlF uney BOARD Januar 31, 1991 Robert H.Studley y �' Eastern Bank \p p PRESIDENT 55jr p^\ ilAAMAG DEPT VI li�c,f Robert G.Bradford K North Shore Chtinber of Continence PAST CHAIRMAN Ms. Joan Boudreau Donald J.Short Fishery Products,Inc, Salem Redevelopment Authority TREASURER One Salem Green Barry A.Sullivan Sullivan G Drooks Salem ECONOMIC DEVELOPMENT Massachusetts 01970 James D.Wiltshire Tmform Industries BUSINESS DEVELOPMENT Dear Ms. Boudreau: David A.Gangs Topsfleld Village Shopping Cie. LEGBEATwE AFFAIRS As Chairman of the 1,200 member North Shore Chamber of William J.Tinti Todi,Quinn&Savoy Commerce, I am writing to urge you to support the request of PUeLIc RELAnoNS Holyoke Mutual Insurance Company to remove the house (owned b Daniel R.McDougall y McDougall Associates Holyoke) at 18 Crombie Street. MEMBERSHIP DEVCLOPMENT Chester B.Marcus Robert Dramas Securities As you know, Holyoke is one of the oldest and largest Robert A.Biker firms in Salem. The Company has always been a good citizen and Bank of Nen England contributor to Salem. During these difficult economic times, it Ivy M.Collins is of extreme importance that all sectors of the City work E.A.Stevens Co. Stephen J.Connolly IV together. Anything you can do to help Holyoke Mutual Insurance Connolly Brothers E.L.ChesnuttCompany will be .greatly appreciated. tt ArnieonlW.R.Grace Sanford R.Edlein ,S1nCE'.Tel Grant Thornton Sincerely, Galo P.Emerson .0.1/:�/rte( Riviera R.Financial Service Robert R.Fanning A•((/�� Beverly Hospital peter] Peabody MMuseuusemm of Snlenr Robert H. Studley John L.Fox Chairman Bostik,Inc. RHS-132 Alice B.Griffin Griffin Pension Services John P.Kinney Essex County Newspapers John E.Lawrence,Jr. Inwrence G Co.,Inc. Wendy W.Lull Eagle Associates John W.MacLean Danvers BMW John F.Moore Parker Brothers Julia L.Robichau ,o erl I ank uglas G Ryder olyake Muhml Insurance Co. J.J.S.Services Dr.Richard E.Wylie Endicott College - The North Shore Chamber of Commerce is dedicated to shaping public policy and events so that decisions by business and government result in a better North Shore. I t�,CW Dir, Saienn Histcricai Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (61 7)745-9595, EXT.311 October 15, 1990 Patricia Weslowski , Director SPNEA Conservation Center 185 Lyman Street Waltham, MA 02154 Dear Ms . Weslowski : The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U .S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1. Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7, 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The y. u applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value ; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure , it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house . 2 . Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent: Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development . The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . (with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29 , 1990 ) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible . However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street . At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls, petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely, otn-', c THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris, Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 MR. and MRS. James H. Bennett Jn. SZxteen Caomb.i.e Stn.eet Sat em, Maeeaehuzette 01970 23 September 1990 r V�® �rT 1 Salem H,i.stor.ical Comm.iss.i,on 1990 �°��Ct� One Salem Green Cji �y Salem, Massachusetts 01970 tnhii,6 To Whom It May Concern : Re{ enence .is made to your notice gor a pubtZc hearing on the Holyoke 'qua,-,e, Inc . ilo,-, prope°'tty located at 18 Cro,mb c Street, Salem, MA, con— cerning a waiver og demolition delay ordinance scheduled boa Wednesday evening , 3 October 1990 at 7 : 30 P . M. at One Salem Green . I am sorry to hay that we will be unable to attend this meeting . As the only abutters to this property , we have no objections to the de- molition og the dwelling . We have lived at this address gor oven gamy years and were very gr.iendly with the gormer owner, Mrs . Frances Wendt . She told us that she tn.i.ed to have the house declared historic, but was told .it had been moved Brom Chestnut Street and was pant og a stable or eaKr.iage house. As I say we have no objections to the removal og the dwelling and tree, but we do want the Bence continued to the ,s.idewalk and maybe a tree or two planted along the property tine to replace the existing thee. that will be removed . As it stands now, the dwelling .is beginning to become an eyesore. The present owners are doing nothing to the property . The Bence .is constantly being damaged as .i.s my own . in other words , we have no objections to the removal og thi( dwelling 'rom the property at 18 Cnomb.ie Street. er et T e Bennetts cc : Holyoke Joe 's Auto Laundry Fite JOE'S AUTO LAUNDRY 38 NORMAN STREET SALEM, MASSACHUSETTS 01970 (508) 744-1116 r: "10 `. 1g9a91 December 21, 1990 DEPT Ms. Joan Boudreau Chair Salem Redevelopment Authority One Salem Green Salem, MA 01970 RE: 18 Crombie Street Salem, Massachusetts 01970 Dear Ms. Boudreau: Regarding the recent application by Holyoke Square, Inc. for demolition of the premises at 18 Crombie Street, Salem, Massachusetts, I am writing to you as President of Joe's Auto Laundry to ask you and your board to support this application. The Holyoke, headquartered in Salem, Massachusetts, is one of the City's largest employers, and as you are well aware, a major taxpayer. Since its incorporation over 125 years ago, Holyoke has consistently made a commitment to the growth and welfare of the City of Salem and has quietly expressed its generosity on numerous occasions to the Charitable Organizations located in the City of Salem. Everything that Holyoke has done since its incorporation has been with the best long term interests of the City of Salem in mind. I, therefore, urge you and your Board to approve Holyoke's application. Your approval will indicate to the Salem Business Community that the City and its officials are sensitive to the needs of the business community and that the City recognizes the vital contribution that the businesses make to the economic well being of the City. . The business community and the City of Salem must develop an atmosphere of mutual trust and cooperation and the business community needs to know that the City will consider their needs when making decisions affecting their economic stability and growth. If you should wish to discuss this matter with me further, please do not hesitate to call me. Very;trul yours, Jos A. Palamara cc: Hon. Neil Harrington GERALD T. MCCARTHY Insurance Agency,Inc. E P.O. Box 839 • 92 NORTH STREET SALEM,MASSACHUSETTS 01970 ¢e" J 508-7446433 JAN 17 1991 FAX 508-744-3575 January 14 , 1991 SALOW PLANNE G NEPT. Ms . Joan Boudreau Chairwoman Salem Redevelopment Authority One Salem Green Salem, Massachusetts 01970 RE : 18 Crombie Street Salem , Massachusetts 01970 Dear Ms . Boudreau : I am writing to you as President of Gerald T . McCarthy Insurance Agency , Inc . to ask you and your board to support the application of Holyoke Square , Inc . for demolition of the premises at 18 Crombie Street, Salem, Massachusetts . As you are well aware , Holyoke is a major corporation with its headquarters in Salem, Massachusetts . It is one of the city ' s largest employers and a major taxpayer . Since its incorporation over 125 years ago , Holyoke has consistently made a commitment to the growth and welfare of the City of Salem and has quietly expressed its generosity on numerous occasions to the Charitable Organizations located in the City of Salem . Everything that Holyoke has done since its incorporation has been with the best long term interests of the City of Salem in mind . I , therefore , urge you and your Board to approve Holyoke ' s application . Your approval will indicate to the Salem Business Community that the City and its officials are sensitive to the needs of the business community and that the City recognizes the vital contribution that the businesses make to the economic well being of the City . The business community and the City of Salem must develop an atmosphere of mutual trust and cooperation and the business community needs to know that the City will consider their needs when making dexisions affecting their economic stability and growth . If you should wish to discuss this matter with me further , please do not hesitate to call me . Very truly yours , Gerald T . McCarthy President : Gerald T . McCarthy Ins Agency , Inc . cc : Hon . Neil Harrington BERGERON COMPANY, INC. 47 CANAL STREET, SALEM, MA 01970 (508)744-4317 E Ur¢i FAX(508)745-9879 December 24 , 1990 9 Ms. Joan Boudreau Chair Salem Redevelopment Authority One Salem Green Salem, Ma. 01970 Re: 18 Crombie St . Salem, Ma. 01970 Dear Ms . Boudreau: Regarding the recent application by Holyoke Square, Inc. for demolition of the premises at 18 Crombie St . , Salem, Ma. , I am writing to you a P y s (President of Bergeron Co. and Salem Welded Products Co. ) to ask you and your board to support this application. The Holyoke, headquartered in Salem, Ala. , is one of the City 's largest employers , and as you are well aware, a major taxpayer. Since its incorporation over 125 years ago, Holyoke has consistently made a commitment to the growth and welfare of the City of Salem and has quietly expressed its generosity on numerous occasions to the Charitable Organizations located in the City of Salem. Everything that Holyoke has done since its incorporation has been with the best long terminterests of the City of Salem in mind. I , therefore, urge you and your Board to approve Holyoke 's application. Your approval will indicate to the Salem Business Community that the City and its officials are sensitive to the needs of the business community and that the City recognizes the vital contribution that the businesses make to the economic well being of the City. The business community and the City of Salem must develop an atmosphere of mutual trust and cooperation and the business community needs to know that the City will consider their needs when making decisions affecting their economic stability and growth. If you should wish to discuss this matter with me further, please do not hesitate to call me. Very trulyPS' rs , Paul J I y President PJL/psb cc: Hon. Neil Harrington 7700740 J' aocindeLs, I C. December 21, 1990 RECEIVED���'� Ms. Joan Boudreau Chair Salem Redevelopment Authority DEC 241990 One Salem Green, Salem, MA 01970 SALEM PLANNING DEPT, Dear Joan: A year ago I accepted, a position on the Board of Directors of the Holyoke Mutual Insurance Company. I accepted this directorship because of the long history that Holyoke has in serving the City of Salem. As Director of Public Relations and Development at Salem Hospital I saw first-hand, over a long period of years, Holyoke's commitment exercised on behalf of the Hospital and its growth. I watched, too, as the Holyoke supported the Boys & Girls Club, the YMCA of Salem, and virtually every worthwhile charitable organization/ gift-seeking institution in the City. Now the Holyoke is petitioning the City to allow for the demolition of the house at 18 Crombie Street in Salem. That request should be granted. Holyoke has given this matter due consideration, and heard from every special interest group in the City. It is clear that the decision to demolish the house on the premises is the appropriate one. Please give your support to the demolition of the house at 18 Crombie Street. I know that you agree that the City of Salem and its officials must continue to be sensitive to the needs of the business community, and that the City must continue to recognize, by its actions, the vital contribution that business makes to the economic well-being of the City and its citizens. The City can never be insensitive to the needs of business. If I can provide additional information or insights necessary to your decision, please don't hesitate to contact me. Best wishes for the holiday season. Sincerely, k Donovan .-P sident Professional Fund Raising Consultants One Derby Square,Salem, MA 01970 (508)744-8558 co 'DIT, Jt + h. i_II Salem Historical Commission ONE SALEM GREEN, SALEM. MASSACHUSETTS 01970 November 20, 1990 Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 RE : 18 Crombie Street Dear Joan : On Wednesday, November 7 , 1990 the Salem Historical Commission unanimously voted in opposition to the granting of a permit for demolition for 18 Crombie Street as proposed by Holyoke Square Inc . through its representative William J. Lundregan, Esq. This denial to waive the City of Salem' s Demolition Delay Ordinance was a result of public testimony provided at the hearing, letters received regarding the application, a site visit that was conducted by members of the Commission and the fact that the building is located in a National Register District . At the public hearing, the architects for Holyoke provided their opinion as to the structural soundness of the building. However, based on their site visit , the Commission members had a strong difference of opinion from the findings of Holyoke ' s architects . Enclosed please find copies of the letters that the Commission received regarding the proposed demolition . We respectfully request that these be made part of the records of the Salem Redevelopment Authority ( SRA) and be read to the members of the Board when the demolition proposal is reviewed. The Commission will also forward copies of the minutes of the public hearing as soon as they are finalized. The Salem Historical Commission also wishes to be present when Holyoke Insurance presents their proposal for demolition . We would appreciate the opportunity to provide historical background and structural information on the building through either a presentation by the Commission or a joint public hearing with both Boards . Thank you for your consideration . S ' cerel�(y, ie C . Harris Chairman J3919 -001T� Sa eun Historicat Commission ONE SALEM GREEN, SALEM. MASSACHUSETTS 01970 (617)745-9595. EXT.311 October 11, 1990 Chairman Joan Boudreau Salem Redevelopment Authority c% Salem Planning Department One Salem Green Salem, MA Dear Chairman Boudreau, The Salem Historical Commission is extremely concerned about Holyoke Insurance Company's proposal to demolish the house at 18 Crombie Street. We have reviewed the minutes of the SRA meeting of May 29, 1990 where Attorney William Lundgregan and Mr. Pat Greco appeared before the SRA to present their plans for the demolition of the building. There are several points in Attorney Lundregan's presentation which appear to be inaccurate. Apparently he stated that "the house...has no historic value" and that "redevelopment in the immediate area has greatly reduced the historic significance of this street". In actual fact, when the Crombie Street National Register District was created, this house was determined to be of "central sited States importance to [the] district" (U Department of the Interior, National Register of Historic Places Inventory). Furthermore, this district was created after most of the redevelopment had already occurred in the area and all of the buildings in this National Register District are still standing. The district is still as historically significant now as it was when it was formed ten years ago. While we are sympathetic to Holyoke's need to create additional parking, there appear to be other means for achieving this end which do not necessitate the distruction of this historic property. To demolish this house to build 8 or 10 parking spaces appears to be extreme. The Salem Historical Commission requests the opportunity discuss this proposal with your board when you next meet with Holyoke and their attorney. It seems to us that bringing the different groups together for a discussion could be beneficial to all. Sincerely, a 0 (,1 Annie C. Harris Chairman Salem Historical Commission cc. William Luster, Director of City Planning, City of Salem William Guenther, Chairman, Historic Salem Incorporated `i CI TTT HISTORIC 3 School Street A Preservation Revolving Fund HBI Boston,MA-4679 8 ffilBoston Londmohe 11 BOSTON 617/227-4679 Boston londmorks Commission INCORPORATED Telecopier:617/742-7431 tcg November 13, 1990 2 C = " oRPonnT£�, Ms. Joan Boudreau Chair Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Re: Proposal to demolish the historic house at 18 Crombie Street Dear Joan, I am writing you as a Salem resident (4 Pickering Street) of 17 years, as the head of a private, charitable organization that provides technical assistance, makes loans, and gives grants to preserve endangered historic buildings in Boston, and as a friend who cherishes the many hours of hard work we spent together as members of the Salem Redevelopment Authority. One of the courageous and innovative accomplishments of which we can be proud from our work in the late 1970 's was the creation of the Salem Heritage West Urban Renewal Plan. In contrast to the urban renewal concepts of the 1960 's which sought to impose highway cloverleafs and suburban shopping malls upon the historic core of American cities under the banner of "eliminating blight" , our Heritage Plaza West plan--borrowing from the second Heritage Plaza East Plan--gives extraordinary emphasis to historic preservation. More specifically that plan says in pages 1-4 : "The Authority . . . declares that it is in the best interest of the City and the general welfare of its people [to carry out this plan] . . . in order to achieve the following . . . objectives: . . . [and to undertake activities including programs such as] . . . preservation and restoration of historic architectural values associated with structures and areas within the Project area . . . and to accomplish, through preservation and enhancement of a continuum of uses, architectural character and qualities, and urban form symbolic of the historic process of growth and change . . . " At that time, we were, also very concerned with encouraging the development of housing in the downtown. You will recall that shortly before establishing Heritage Plaza s Ms. Boudreau November 13 , 1990 Page 2 West, we had engaged MIT planner Phillip Herr to give us ideas on how to re-introduce home ownership in downtown Salem. "There were few analogous examples, " he said. We defied the experts and created the housing across from the Bessie Monroe House and the First Universalist Church. As we all know, housing is one of the most successful urban renewal activities in Salem. It has sustained and renewed life in the downtown as effectively, if not more so, as commercial development. And it keeps the downtown alive and peopled even when commercial establishments are closed. The courageous part of creating Heritage Plaza West was that this urban renewal plan did not come with categoric HUD grants to carry it out. We conceived of the plan as a framework of regulatory controls and urban visions which would provide the basis for a series of innovative initiatives. "Proposed renewal actions within the Project Area shall consist primarily of the creation of incentives for the encouragement of rehabilitation of properties . historic and architectural preservation and the application of clearance . . . only as a last resort" (Page 4 of the Plan) . The Plan' s effectiveness depends upon the Authority's entrepreneurial and persuasive zeal. It equips the SRA and the City with the regulatory tools to shape nearly all of Salem's downtown and civic core. The Authority has only to seize opportunities--such as grants, when available, or requests from property owners to changes uses--to encourage preservation and revitalization of our city. The Plan is in effect for 40 years, has not been amended to my knowledge, and can be renewed for an additional 40 years to help conserve and renew the benefits it has brought about. You will also recall that about simultaneously with the creation of the Heritage Plaza West Plan, the Authority engaged Alison Crump to complete the systematic inventory of historic structures throughout the central business district. This eventually led to the creation of the Crombie Street National Register District at a time when the academic rigors of nominations and the assessment of significance had become substantially more demanding than ten years before. The proposed demolition of the house at 18 Crombie Street is so far outside the intents and purposes of your Heritage Plaza West Plan that there is little reason for you Ms. Boudreau November 13, 1990 Page 3 to have to -consider it at all. It makes as much sense to tear down this house as it did to put four lane highway through the oriental garden of the Peabody Museum, as Salem's 1960 's urban renewal plan proposed. However, since this has already become a sort of public controversy, I would offer the following observations: Housing: Is it not bad public policy for the SRA to consider allowing the demolition of perfectly sound housing within 50 feet of residences the SRA worked hard to have built on Crombie Street in a scale compatible with the adjacent historic houses? Is it not socially irresponsible to demolish perfectly sound housing within shadow of the Crombie Street shelter which exists, in part, because of the shortage of housing in Massachusetts? Condition: From the perspective of architectural significance, 18 Crombie Street would clearly qualify for an Historic Boston loan or grant. But from the point of view of physical condition, 18 Crombie Street would not come even near the threshold of eligibility, because this structure is in as sound physical condition as my 1949 house. If you have serious doubts about the condition of the structure, I suggest the Authority engage one of Salem's nationally recognized preservation architects: Staley McDermet, who won a national award for his work on the Joshua Ward House, or David McLaren Hart, who is project conservator for Boston's Central Artery project. Needs of the Holyoke Insurance Company: Has this company described its ultimate needs or objectives to the SRA, or the City Planning department? Is the demolition of '18 Crombie Street the only way Holyoke can meet the needs it has identified? Options for the SRA: If you would wish to play a more pro-active role than just saying "no" to the demolition of a sound historic Ms. Boudreau November 13 , 1990 Page 4 house, -why not offer to help Holyoke get out of its present position by offering to accept an option to purchase the building for a reasonable price? Then the Authority could undertake the task of seeking a qualified purchaser who would maintain and occupy the structure. Urban fabric, like most of life, is mostly the sum of many small decisions. What more responsible role can each of us play than to preserve the future by conserving what is valuable and irreplaceable from our past? Well situated historic houses offer hundreds of options to keep life in their neighborhood for generations to come. Proliferations of parking lots in the core of cities are usually the harbingers that the spirit of a city is leaving town or has already been lost. Sincerely, Stanley M. Smith Executive Director cc's: Peter Fetchko, SRA Member and Peabody Museum Director The Honorable Neil J. Harrington, Mayor of Salem Annie C. Harris, Chair, Salem Historical Commission Pat Greco, Holyoke Insurance Company William Guenther, President, Historic Salem Incorporated William Luster, Salem Planning Department Roland Pineau, SRA Member Editor, Salem Evening News File: Sracrom.sms RECEIVED 1 71990 SALEM PLANNING DEPT. r,K 0 I ���� �� —� o ��. 7 6-° ��� LII n �� '1444`s int ,,�� � ���,.'. �� t�-c: ���� _ ,�,� ,r r CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT 'F •b. ONE SALEM GREEN WILLIAM E.LUSTER £ 01970 CITY PLANNER (508)745-9595,EXT.311 FAX#(508)744-5918 November 13, 1990 B. Dube 4 Chestnut Street Salem, MA 01970 Dear Mr. Dube: I am in receipt of your letter dated November 6, 1990 concerning 18 Crombie Street and have forwarded it to the Salem Historical Commission and the Salem Redevelopment Authority. Please be advised that 18 Crombie Street is not a City-owned building but is owned by Holyoke Square Inc. As a result of its .� location in Heritage Plaza West, the building is under the jurisdiction of the Salem Redevelopment Authority (SRA) and, as such, the demolition must receive their approval. Thank you for your concern thi matter. i 1 incere I � W llial Luster C ty Pla ner J3915 - - Z/-O� /U / i Sp - ---------- ------- ------- - - iQ90 r SGIIJIStofic ns p incor orated 7 CAMBRIDGE STREET SALEM, MASSACHUSETTS 01970 / PHONE (508) 745-0799 April 20, 1989 Mr. Douglas Ryder Vice President Holyoke Mutual Insurance Company Holyoke Square Salem, MA 01970 Dear Doug: Annie Harris and I very much appreciated the warm hospitality provided by you and Pat Grieco at your offices in February. I walked down Crombie Street the other day and reviewed again the property in question. I thought I would express our position for the record. I understand the business quandary you face with 18 Crombie Street. However, on behalf of the Board of Directors of Historic Salem and the Design Advisory Committee to the Board, I want to reiterate Historic Salem's steadfast opposition to demolition or removal of the building. As we discussed, our position is based on the importance of each structure in the small Crombie Street National Register district to the integrity of the district. The original National Register filing recognized this issue explicitly. The fact that others before us may have erred in allowing structures to be razed only creates a greater burden to preserve what remains today. Each element of Salem's remaining historic fabric must be viewed as part of the whole; not as a single, seemingly insignificant architectural design. In this light, 18 Crombie Street is important. National Register designation does not provide legal protection for a structure. It does recognize the significance of a building and a neighborhood. Holyoke Mutual has been a member and consistent supporter over the years of Historic Salem, the Essex Institute (of which I know you are a leading board member) and other institutions devoted to the preservation of Salem' s unique character and history. Although the choices �1Stol is vice incorporated 7 CAMBRIDGE STREET SALEM, MASSACHUSETTS 01970 / PHONE (508) 745-0799 Mr. Douglas Ryder April 20, 1989 Page 2 become more difficult when they involve one's own institution, I would not expect Holyoke Mutual's vision to change in its backyard. Any plans to remove or demolish 18 Crombie Street would require approval by the Salem Redevelopment Authority. I am hopeful from our conversation that you will not find it necessary to ask for that approval. I trust that Holyoke Mutual will set an example for Salem's corporate community by helping to preserve the character that is so important to Salem's appeal and its economic well-being. Thank you for your time and consideration. Very truly yours, William H. Guenther President Fi riG:ag cc: Historic Salem membership 98030103 i. �LV•a_��.�..../`^^mow`- —_�'L�G�—fes!/ ki� ,�.I II SHIT I. t• r ' Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 March 18, 1991 Barromee Dube 4 Chestnut Street Salem, MA 01970 Dear Mr . Dube : Ms . Loretta Wieting has forwarded a copy of a letter that you sent to her with regard to 18 Crombie Street . We have taken the liberty of forwarding it to the Salem Redevelopment Authority of whose jurisdiction this building is within . The Salem Historical Commission would like to thank you for your continued interest in the preservation of 18 Crombie Street . S ' erely, THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman J4028 ,A.c uvmri� Hoyt u Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 March 18, 1991 Joan Boudreau 14 Tedesco Pond Marblehead, Ma 01945 Dear Joan : Enclosed please find a letter written from Barromee Dube to Loretta Wieting that was forwarded to the Salem Historical Commission with regard to 18 Crombie Street . We have written back to Mr . Dube and informed him that we would forward the letter to you, since the building is not in a local historic district , but rather is under the jurisdiction of the Salem Redevelopment Authority . Thank you for your assistance . S1, %elyL/� THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman J4029 kb Architectural Conservation Trust ,Pig] Piri (ACT) For Massachusetts RECEIVED November 6, 1990 l� U 1990 Annie C. Harris, Chair SALEM PLANNING DEPT. Salem Historical Commission One Salem Green Salem,Massachusetts 01970 Dear Ms. Harris: On behalf of the Architectural Conservation Trust (ACT) for Massachusetts, a statewide non-profit preservation organization, I would like to express our concern regarding the proposed demolition of the historic house located at 18 Crombie Street. ACT was established in 1976 to guide the preservation and development of buildings and sites of historical and architectural significance. By creating long term project stability through the adaptive re-use process, ACT contributes to the economic vitality of the Commonwealth's communities. The inclusion of 18 Crombie Street in the Crombie Street National Register Historic District is evidence of its historical significance. The fact that the dwelling is one of only seven structures in the last remaining 1800's residential district in downtown Salem only serves to increase its significance. In addition,18 Crombie Street is included in ACT's Endangered Historic Properties List. Therefore,ACT strongly urges you to deny the waiver of demolition delay;and further,to consider and thoroughly investigate any alternatives to demolition that may yield economic benefit to both the property owner and community. Sincerely, Alan G. Schwartz Executive Direct Old City Hall, 45 School Street, Boston, Massachusetts 02108 (617) 523-8678 ACT for Massachusetts is a state-wide non-profit developer of historic buildings. Through adaptive use of architecturally significant structures, ACT stimulates community revitalization and economic growth. Contributions of real estate to the Trust are tax deductible. Annie C. Harris November 6, 1990 Page 2 cc: Mayor Neil J. Harrington City of Salem Joan Boudreau, Chair Salem Redevelopment Authority Mr. Pat Greco Holyoke Insurance Company Design Review Board City of Salem Elsa Fitzgerald, Acting Director Massachusetts Historical Commission f essex R�CE� V Institute ED 0199 132 Essex Street Salem, MA 01970 pA/ Q (508) 744-3390 t� SAN%$OPT November 7, 1990 Mr. Pat Greco Holyoke Mutual Insurance Company Holyoke Square Salem, MA 01970 Dear Pat: As president of the Essex Institute, an organization that has been preserving the history of the local region since 1821, I am distressed to hear of Holyoke's intention to demolish the early house at 18 Crombie Street. This house is an integral and important part of the downtown National Register District which provides the only present indication of the intimate residential character of this once large area.. It is important to preserve what remains of the area, not only as a reminder of the past, but as a commitment to the future viability of Salem as a small city, where people can live and work within easy distance and the quality of life is enhanced by architect- urally significant surroundings. Salem has established national standards of excellence in the relationship between historic preservation and downtown business dev- elopment. The demolition of 18 Crombie Street, which provides an important visual cornerstone for the entire neighborhood, would under- mine civic and private efforts of the last twerty-five years to make the most of Salem's unique historic qualities. I urge you to reconsider Holyoke's priorities in relationship to this building and the community of Salem. The demolition of an historically significant building, and the further invasion of black topped land for parking of eight employee vehicles, provides a very small return from almost any way it is looked at: economically, socially, or environmentally. We collect, conserve. communicate Essex County history. b Mr. Pat Greco -2- November 7, 1990 On behalf of the Essex Institute and its many Salem constitutents who are interested inthe productive relationship between its past, present and future, I express strong disapproval and concern about the demolition of 18 Crombie Street and I urge you not to go forward with your plans. Sincerely, 9 n Anne Farnam President CC: Douglas Ryder Joan Boudreau Mayor Neil J. Harrington Annie C. Harris Design Review Board/W. Luster The Society for the Study of War and Culture, Inc. APR ; "1991 17 Grapevine Read, rWenhamr MA 01984 ?eh (508)468-3928 N a �l'.$ �? Wednesday, 27 March 1991 Mr. William Luster Bo^RDoFDaEcroRs Salem Planning Department John Brewer* 1 Salem Green Director,Center for Salem, MA 01970 17th and 18th Century Studies, UCLA Donald C. Carleton, Jr. Chairman of the Board Dear Mr. Luster: . and President of the Society Enclosed is a copy of the letter we sent to Mr. Douglas Professor of History, y Sylvia Frey* Ryder in reference to 18 Crombie Street on Monday, 18 Newcomb College, March. As you know, we drafted the letter on the advice Tulane University of Mr. William Gunther. I think you will find the tone of Peter Harrington* the letter straightforward, cordial and certainly „not Curator,Anne S.K. Brown Military confrontational. Collection, Brown University In that letter, I stated that a representative of the Society Patrice L.-R. Higonnet* would make a follow-up call on Friday 22 March. Mr. elet Professor of French History, y R der was, it turned out, on vacation all last week, so I Fr Harvard University waited until 8:10 this (Wednesday) morning to call him. Catherine A.Lawrence The following sypnopsis of our conversation accurately Vice-President and conveys its tenor. It should by no means, however, be Treasurer of the Society considered a literal transcription, either in its wording or David C.Nolan in its precise order. Clerk of the Society Simon Schama* Upon reaching Mr. Ryder, I identified myself, and asked if Professor of History, Harvard Univers he had received our letter. He replied that the Holyoke ity Company was not interested in talking with us, and then Christopher S. Wood* hung up. I called back, and said that I would appreciate it Society of Fellows, Harvard University if he would let me ask a few questions before he hung up 'Honorary Db=wr again. Mr. Ryder then said that Holyoke was engaged in an ongoing process with the City of Salem. The matter, he said, was between Holyoke Mutual and the City. If I had any comments about 18 Crombie, he pointed out, I should bring them up at the appropriate hearings. r I stated that we had already spoken with a number of "key players" about 18 Crombie, and considered ourselves fairly well informed about the situation. I believed, I mentioned, that there was a good chance the demolition permit application would be denied. I suggested that were this to happen, any further action would be within the Company's hands and not part of the hearing process. I then asked whether, if the S.R.A. ruled against demolition, Holyoke would be willing to negotiate some sort of mutually beneficial solution with us. Mr. Ryder replied that I obviously did not know what was really going on. If I did, he said, I would be well aware that in the event that Holyoke could not get a permit, the company had every intention of taking the city to court. At that juncture, seeing that our conversation had reached an impasse, I thanked him for speaking with ane and hung up. I understand that the Robert Rumpf Associates report has just come out. We would be very interested in seeing it. I assume you will be scheduling a hearing relatively soon. I would greatly appreciate it if you could notify us by either sending a notice or by calling the Society at the number listed on our letterhead. If you get the answering machine, please leave a message with the information. In closing, I want you to know that we will continue to try to remain on a cordial footing with the Holyoke Company. Nonetheless, our desire to be courteous and fairminded should not obscure the fact that we believe 18 Crombie Street must be saved. The case for its preservation rests not only on its intrinsic historic value, but on the indisputable fact that its removal will seriously undermine the architectural and social cohesion of the entire neighborhood. We realize that you and your colleagues must be under a great deal of pressure from both the Holyoke Company and its opponents. Your situation must be very trying at times, and we appreciate your willingness to deal with us. Sincerely yours, Donald C. Carleton, Jr., Chairman Enclosures: Ryder Letter (2 pp.) cc. Ms. Joan Boudreau, Mr. Frank Montesi r 21ie Society for the Study of'War and Culture, Inc. 17 Grapevine Rpat, Wenhamr MA 01984 ?et* (508)468-3928 18 March 1991 BoutnoFDw1croes Mr. Douglas C. Ryder President, John Brewer* The Holyoke Mutual Insurance Company Director,Center for l7th and l8th Century Holyoke Square Studies, UCL4 Salem, MA 01970 Donald C. Carleton, Jr. Chairman of the Board and President of the Society Dear Mr. Ryder: Sylvia R. Frey I am writing Professor of History, $ on behalf of the Society for the Newcomb College, Study of War and Culture, Inc., a recently Talane University organized nonprofit scholarly foundation. I wish to Peter Harrington* express the Society's interest in purchasing the 18 Curator,Anne S.X. Brown Military Crombie Street property. Collection, Brown University The Society is dedicated to studying the military Patrice I.A. Higonnet• history of early modern Europe and its colonies and Goelet Professor of French History, - the effects of the military experience on the art, Harvard University music, literature, and politics of these societies. Our Catherine A. Lawrence aim is to foster an interdisciplinary approach to Vice-President and military history. We are seeking to purchase and Treasurer of the Society restore an eighteenth-century dwelling in Salem to David C.Nolan house our headquarters. This headquarters building Clerk of the Society will contain our Offices and Library and provide Simon Schama• storage space for the equipment used in our planned ProfessoHarvardrafHistory, living history program, the Lewisburg Grenadiers Harvard Univers' Interpretative History Project. The Society's Society Christopher S. wawa• plans are more fully discussed in the enclosed Societytyoof Fellows, Harvard University prospectus. 'Hmmary Dimctar We are currently looking at a number of candidates for our headquarters building, but we find 18 Crombie Street particularly intruiguing. Its compact size, central location and great architectural interest, along with its historical associations (a friend of Nathaniel Hawthorne lived in the house during the 1850s) make it very attractive to the Society. We understand that the Holyoke Company has a demolition permit for 18 Crombie Street pending with the City of Salem. We would like to purchase the property, and are willing to pay an equitable price for it. We hope that, in light of this offer, you will reconsider your current plans for the building. If the Holyoke Company takes an interest in this proposal, we will need to view the interior of 18 Crombie Street in order to assess its condition and its suitability for our needs. We would then hire Preservation Technology Associates, a leading Boston historic preservation consulting firm, to survey the building and to write restoration guidelines with estimated project costs. Their report on 18 Crombie Street would form the nucleus of our building acquisition and restoration grant proposals. The Society is receiving comprehensive assistance in all its fundraising efforts from the Harvard University Development Office and we are optimistic that we could raise the necessary funds by mid-summer. Ilk We would like to meet with you and other representatives of the Holyoke Company to discuss our proposal more fully. To that end, an Officer of the Society will contact you on Friday. I look forward to meeting with you. Sincerely yours, Donald C. Carleton Jr. Chairman Enclosures: Society Prospectus, 2 pp. i Saiem Hest®ricai Commission ONE SALEM GREEN. SALEM, MASSACHUSETTS 01970 (617) 745-9595. EXT.311 October 15, 1990 Alan G. Schwartz, Executive Director Historic Mass . , Inc . , & Arch . Conservation Trust 45 School Street Boston, MA 02108 Dear Mr. Schwartz : The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1 . Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7, 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house. 2. Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent : Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . (with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29 , 1990) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls, petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely, a'c C- i6- THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris, Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 I T, Salem -His ®ricai Commission ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970 (6171745-9595. EXT. 311 October 15, 1990 Stanley Smith Historic Boston 3 School Street Boston, MA 02108 Dear Stanley: The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S. Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric. Permission to demolish 18 Crombie Street requires the approval from two Salem boards. The process is as follows : 1. Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance. They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot. The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7 , 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The i applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house. 2 . Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent : Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . [with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29 , 1990) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs . The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely, a', C. o" THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris , Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr_ . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board C/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 F r t �,i U'OIT Salem ISt®r9Cai Commission ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970 (617)745-9595, EXT. 311 October 15, 1990 William Guenther, Chairman Historic Salem, Inc . 9 Chestnut Street Salem, MA 01970 Dear Mr . Guenther : The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' 8 residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1. Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7 , 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The r applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29, 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house . 2 . Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent: Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings ; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . [with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29, 1990) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties r Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely, a THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman r T" Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris, Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 /- Saienn mistroncam crnmissa®n ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970 (617) 745-9595. EXT.311 October 15, 1990 Peter Fetchko, Executive Director Peabody Museum 161 Essex Street Salem, MA 01970 Dear Mr . Fetchko: The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important -glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S. Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1 . Waiver of the Demolition Delay Ordinance by the Salem Historical Commission ; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7, 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value ; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house . 2 . Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent: Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . (with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29 , 1990) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Si cerely, CE THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman f Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris , Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 f Seem irtrvricai C.om m issi®n ONE SALEM GREEN SALEM, MASSACHUSETTS 01970 (617) 745-9595. EXT. 311 October 30, 1990 National Alliance of Preservation Commissions Hall of States , Suite 332 444 No. Capitol Street Washington, D.C. 20001 Dear Sir/Madam: The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to ( the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time. All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S. Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards. The process is as follows : 1. Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance. They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot. The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7, 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The 1 applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Co;nmisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house. 2. Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent: Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . (with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29 , 1990 ) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City ' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs . The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties x , Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future. Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C. Harris, Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr. Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 w N M�\ B. a( jam; Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (61 7) 745-9595, EXT.311 October 15, 1990 Anne Farnam, Executive Director Essex Institute 132 Essex St . Salem, MA 01970 Dear Ms . Farnam: The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s -residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1 . Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7, 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The r applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house. 2 . Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent: Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRS will be reviewing this issue at one of its next meetings ; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . [with) several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29, 1990 ) . The SRA members are often in the difficultosition of trying 4 P Y to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties f Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely, '6, THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris, Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 /q,w wr, \� 1 �-- Saiem Historical C'J'.ommissi®n ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 (617)745-9595.EXT. 311 October 15, 1990 Nancy Coolidge, Director SPNEA 141 Cambridge Street Boston, MA 02114 Dear Ms . Coolidge : The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1 . Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. it has been estimated that approximately 8 to 10 cars could be accomodated on the new lot. The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7 , 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value ; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house. 2. Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent : Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings ; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . (with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29 , 1990) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City ' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls, petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . rely, W THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J . Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris , Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 Y s�Ta� \ 4,`, Salemistor cal Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (617) 745-9595. EXT.311 October 15, 1990 Director Bay State Historic League c/o SPNEA 185 Lyman St . Waltham, MA 02154 Dear Dear Madam/Sir : The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to (the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1 . Waiver of the Demolition Delay Ordinance by the Salem Historical Commission ; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7 , 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise . Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house. 2 . Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent: Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . [with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29 , 1990) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs . The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely,C�' �1 C - W� THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris , Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 ,( 1 �.0 OAIIIi�A, I J adem Hist®ricaj ommissaon ONE SALEM GREEN,SALEM. MASSACHUSETTS 01970 (617) 745'9595, EXT.311 October 15, 1990 Vicki Sandstead, Director N.E . Regional Office National Trust for Historic Preservation 45 School St . Boston, MA 02108 Dear Ms . Sandstead: The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1 . Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7 , 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29 , 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house. 2 . Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent: Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development . The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . (with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29, 1990 ) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible . However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting . The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely, c-� THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J. Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris, Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green - Salem, Ma 01970 F6 P^, Salem istoricai commission ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970 X617) 7459595, EXT.311 October 15, 1990 House of Seven Gables 54 Turner St . Salem, MA 01970 Attention : Edith Harmon Executive Director, House of Seven Gables Chair . , Salem Partnership Hist . Resources Comm. Dear Ms . Harmon: The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the ] district" (National Register nomination form) . This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1 . Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7 , 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29, 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. Without tremendous public pressure, it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house . 2 . Permission to demolish by the Salem Redevelopment Authority (SRA) ; denial by the SRA is binding and permanent: Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . (with] several concerns" minutes of the Board of the Salem Redevelopment Authority, May 29, 1990) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting. The SRA and its subsidiary group, the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely, C'M' 0" THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman I Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J . Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris , Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 l THE ARCHITECTURAL CONSERVATION TRUST (ACT) FOR MASSACHUSETTS ENDANGERED PROPERTY LISTING QUESTIONNAIRE This questionnaire will assist ACT in formulating the case for long-term funding of a Massachusetts Preservation Revolving Loan Fund. ACT will maintain an on-going index of Endangered Historic Properties. Please use this form at any time to advise us of properties that come to your attention. 1.NAME y Y1. (Your name) Name_Ann; a r Harri = - Affiliation Salem Historical Commission Address' cOne Salem Green, Salem, MA 01970 .ti Telephone 508 745-9595, Ext 311 £ r;k. 2 PROPERTY yr t� x�t r ,r.3 tea` .M';' s;:.}o "SL� ,.n�' ti V6r Property Name * O .xw w fi M •Y, k�. l 4 {� pr, `T.. l �` l 0. fY4 J! u �i,. p , .. s rl.kfi•'fr.,.. 'an Address 18 Crombie Street w w g •.,w#+ y `}� City „"V Raz em ' 'weak' ..:ka r. "„� �i iCounty . Essez i` 5.�.�' "i+ YL' S �t ct A,. Yrc s „rt"€ W n adF�'-r�•'• i �? Wz.t sa Pres ntOwner u i r�7xsym tti i"'xx, x 744-6123 s a yq ��y p , ypInc ' (� f Telephone �� '✓ tt gk _ n•4��� �u.__'..�T fT'��"J v4r.Nr 4 'Mn ^A1r• � �*L h4, y Brief Desuiphon of Structure and Land(Age,Style,Size Building Materials lisstoneal acid/orArchttechtialyi f y>, Si ficance and St tficaitce to Local Commum " +• +5' m`h}'�MiCry'~ - r.s. rT'lYt""+-w'? `, ' '{*1:; '1 �k 'ti t SF i •""�Ns'" ' s�":.kw �1 �,,.. � T ,.'. '` fix 1770 moved:, to site in 1830,, wood, Georgian-, 1800 sq.--- q ft. }fi + t r . s. d V`;r �'+.. - n^ a z�xax n w,rgambrel roof, 2`]s�tory,. Partof the only,surviving downtown residential group from the early 19th century. s � .,,PYA a. �'Y�e �- .• *. �"i�� .aF��.'S�ar Gi" ,��a.. "�_,� '�,,�d"y�.tr sxs "µ � t`: .. a�- ' � pt?&���,�,.... �tz aF.n.F��¢�M.�.< i+ Ani fes* .r °6 b _ r{' +.• s � >ht{7�. �� y � � •+� a . µ:la. •�` 3x Srfi Ar %7SM. r '� '{ tn4 , x. x # t "�Z.�3 PROPERTT Y TYPE/USE, (Residential,Public,Religious;Indus ys` xw gi x trial Commercial Park,Open Space,Other Please note if current use differs from �r yy 3 R lin tori glnal ) �,,� �i Resideritials y � �V'MX d va s a g�1 i rs y r ,"ti�rx•�jev'n „ r t,N r'' xa.#'C" � �� ��`C. t, '3 -X,.Aj'�•�� —"ti i ? C24'3"Z44s �A l�i{.y {. < .s ` x� .. ark3 a•-�Ysv,: r ^S.i x X.'° £,:t'T";.�„a `A.r .v¢` i. . 4 COMMUNITY CONTEXT s vw a d:• ef :y4w' v4i, «t - µ.5 *E .ArR +,., 'g Et .. .^, `,�''pt (Town or Rural Setting Adjacent and Surrounding Land Use Vacant Declining or Increased Development etc. t e �; Please note ActivityLevel) as xiY'a"'axr'` # •' '�,+°X�Y3''x ..- x. Town setting,, downtown;residential area, consistent activity level tvkg in 'area includes, retail and residential. }�{ R.": ,Y4.nEN+"x t `<.kj'�'.^^ +.^ .. E" t� a ^. :..h 'adwoL 'K..• '7 t -..; `?.r ',.' '"„r�'^ ^'z '� ''4"p� `�'SS' ;• ,nii uy � iY va 'P w :. '' icy�y ,ry�+j $a'� �, '.a y. y3 ix-t vk Y r °�,�y Ad' t v t m,•`,� � 'ti 31 r •! > 54th Ui ,iN R 'yR y.++J T .:1 i°si 9 t L-4 -: �'r3p d.«...a��. � �'Y�.ai"a.""1%lsa�'�.. «�`A.`�tY•�,3:C r Bati,uA�Az _. :+� 4 ��.?..:� 5.PROPERTY CONDMON (Briefly describe the exterior,interior and structural condition of the subject. Please.note Apparent Damage.) Generally good. 6.THREAT (Demolition,Neglect,Vandalism,Fire,Water Penetration,Incompatible Rehabilitation,Inappropriate Use, - Development,etc.) Demolitionbyowner. 7,COMMENTS Maa: x" rk 7r- s-' ` <i?= (Please provide any additional information that is vital to understanding the threat to this p�roaperty) .v i"# ca'�£ ,'L :C"e�"�.� A c"4 :yp,( , st^ y„•"ca'" 7" 4 f t Property .is located inr,a 'small National RegisteDistrict *S ✓ ^'„ �` a^ay8 .w+ a'"H�k iaeF&.r�pT� �±._'�`y � •. yix"��i..�ai �� S�" {�m(='#'�+�'f� ;z. xR� u� # �fY � .;�i#�i'ke. r ,. ��„ , +f+ter ,��" re '�Y �' o- ;3- a,3 ..+ a _ a '•U y# a «, F... ✓ s °H'P„+W�. ,. "�*µ 't" *� ' U '#94 x �?a`'''t'" � .� t*+., -33, '',9s�.S1M-�i W rt.. r5'�rp�'.��+, q, •h« ,_ � �'ci^l g M Pfl t s h 9 j� q •fit•!t'' yi s . f .. •�v !fe ,y i 'z- v awb rIi ilk �,i. 8 SOURCE OF ADDITIONAL RMA17ION a a 1 =a•s - ` (Histoncal commission,Books,Documents,'MowleedBeable Persson'ss,,getc)fit x rA,, �s as z �r :.'x "S?a x} K ,N+' 'R�, I['arN•'1" 't$' '�. ^1IY �"r` , �Y+' "y t, }'d y.. x National Register nomination, .� R a n } •'R� 4� ' :- .x`t r y.ry4 ., 'r. Eorm B Buildin �,. c yU g I e :�, � n*ew ?t�,SaTm Historical' Commission, Annie C Harris, Chairman. F^ �� zr .##,. 4sys* +�4ya`^i` y��"yw '_.u"_'�{�..i�.k3p w t •6x&1 y�nu .�`�ikfi'4�'y��y',ySv�-r.,.t r�,"�yj'.�f •+�S s�.v cY{�q f}y'i�tk�,� '' '1 "Afui Af �4 2 'l " 1„('✓ aiva"' 'qj,. 2Y,., mMf+`'S�P ytKr r.Y.tw' 9 PHOTO (Please include a lbeledi photograph or ph6toco0y showing the facade di of the property) w aY '�a �¢ '� �'� '����'T�`�g✓sy�� '�i£tx�'Y'PT-f" "r+.'�v. _y) r� ¢.�,+]]��Y i, Y tb:�ry� s++�w,;;z•� ''• ti � �r �.� x je zx,mk,�Y rt ',�R��[�h"4$ `�' � k: � try�'rri` , 1'^:+F f 4, rt,�' T*��,q,• ,., S'C �4'h��ry-a kx�ikY Y• �'` �M,� ��.i �,,..'�� �Yk ',c:i:a:.: z .,.:. a ,-: �� `Please attach additional sheets as necessary. If needed,please photo copy an �d distnbute additional copies w`hh Hr. �t ka` :# :1a. (` » :• r e s_?'�-4'?'r Fw v +•n .aM+""x Y �n-,. ra "a"v ""�3„sih. a- ' a `w # '0 5!' .y4..,; .. v • . qtr .. • - - a *wig: 4 , a � Please return the completed Queshonnaires to the °_ �' a'gcv ♦ 'Sk_ '+ K 'f. x,s.. r'u' " ta" ,,s ...:th•�fi- .;.c" 4 14ty .•fgu b.a.; :. Ygryax w # ' a5 "-Architectural l ConservTation Trust(ACT)for Massachusetts r .A Old City Hall,45 School Street,Boston,MA 02108 r .. ` Phone 617 523 8678 "* xS ' S vZfp Y {�5 t #" �"`,;*°' ,w.°i,. ..�1-'3�'-€w.'�'?I. -�x'��v 5`..`x".„ ?��'�F'w'�'�.�'x� kdt.�;w�J=a A�#s.§° r ,.r ".�' " �'�k�°.1.�"�i �'--k ,.. �''.�^��._..a�� •:.`3 Salem lHistcrica ornmiss cn ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 017)745-9595, EXT. 311 October 15, 1990 Cynthia Pollack, Superintendant Salem Maritime National Historic Site National Park Service 174 Derby St . Salem, MA 01970 Dear Ms . Pollack: The Salem Historical Commission is requesting your support in its efforts to prevent the demolition of the house at 18 Crombie Street, Salem, MA. This house is one of seven structures located in the Crombie Street National Register Historic District and is rated as being of "central importance to [the ] district" (National Register nomination form) . - This National Register District is the last surviving 1800 ' s residential district in downtown Salem and provides an important glimpse of the City at that time . All of the other Central Business District structures have been cleared to make way for large commercial structures such as the U.S . Post Office and the Holyoke Insurance Company which are out of character and scale with the original city fabric . Permission to demolish 18 Crombie Street requires the approval from two Salem boards . The process is as follows : 1 . Waiver of the Demolition Delay Ordinance by the Salem Historical Commission; Denial of this waiver only delays demolition for six months : Holyoke Insurance Company intends to file an application to waive the City of Salem' s Demolition Delay Ordinance . They plan to demolish the structure in order to expand their parking area. It has been estimated that approximately 8 to 10 cars could be accomodated on the new lot . The application to waive the Demolition Delay Ordinance is expected to be heard by the Commission at its regularly scheduled meeting on Wednesday, November 7, 1990 . Our meetings begin at 7 : 30 and are held at One Salem Green ( 2nd floor conference room) . We are encouraging all interested parties to attend. The Ai applicant has made it clear through its Attorney William Lundregan that, in its opinion, "the house itself has no historical value ; it is just an old house" (minutes of the meeting of the Board of the Salem Redevelopment Authority held on May 29, 1990 ) . At the present time, the Commisison has been unsuccessful in persuading them otherwise. Assuming an unanimous vote to deny the application, the Commission will have less than six months to try to prevent demolition. without tremendous public pressure , it is unlikely that the Commission will be able to persuade Holyoke Insurance Company not to demolish the house . 2. Permission to demolish by the Salem Redevelopment Authority ( SRA) ; denial by the SRA is binding and permanent : Coincidently with their application to the Salem Historical Commission, Holyoke Insurance Company must also receive demolition permission from the SRA which has jurisdiction over all downtown development. The SRA is the only board in the City with the authority to deny the request for demolition. If they chose to deny the application, Holyoke will not be issued a demolition permit. Last May, Holyoke presented their proposal to the SRA. The SRA referred the matter to their subsidiary committee, the Design Review Board (DRB) . It is our understanding that the DRB will be reviewing this issue at one of its next meetings ; after which, it will be referred back to the SRA during late October or early November. As the minutes of the SRA meeting of May 29 reflect, the members of the SRA Board see this as "a difficult issue. . . (with] several concerns" (minutes of the Board of the Salem Redevelopment Authority, May 29, 1990 ) . The SRA members are often in the difficult position of trying to balance the historic interests of the City with the needs of the City' s major employers such as Holyoke Insurance. The interest of the both groups sometimes do not seem compatible. However, in this case, the Salem Historical Commission believes that there are other ways to solve the parking problem and accomodate Holyoke ' s needs. The Salem Historical Commission urges you to support us in our efforts to prevent the demolition of this property. Any letters you send in opposition to the proposed demolition are greatly appreciated. It is our hope that you will write to the persons on the attached list urging them not to demolish or permit the demolition of 18 Crombie Street. At the present time, the Massachusetts Historical Commission and the Architectural Conservation Trust for Massachusetts have placed this building on their respective Endangered Properties Lists . They agree that the destruction of this property endangers this important National Register District and could set a precedent for the future destruction of other important historic districts in Salem. The Commission also appreciates any other efforts that you can offer and encourages you to attend our November 7 meeting . The SRA and its subsidiary group , the Design Review Board, will also be meeting on this issue in the very near future . Telephone calls , petitions and other methods for alerting Holyoke Insurance and the SRA to the inappropriateness of demolishing a National Register property would be helpful . Thank you for your attention to this matter . Sincerely, THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman Joan Boudreau, Chairman Salem Redevelopment Authority 14 Tedesco Pond Marblehead, MA 01945 Mayor Neil J . Harrington City of Salem 93 Washington Street Salem, MA 01970 Editor Salem Evening News 155 Washington Street Salem, MA 01970 Annie C . Harris , Chairman Salem Historical Commission One Salem Green Salem, MA 01970 Mr . Pat Greco Holyoke Insurance Company Holyoke Square Salem, MA 01970 Design Review Board c/o William Luster, City Planner Salem Planning Department One Salem Green Salem, Ma 01970 thousand nine hundred and eighty—six In the Vicar. one ' Atv, stablishing a review process on applications for ; demolition permits for certain buildings a Be":tfordained by the City Council of the City of Salem, as follows: z•. T Par t II , Chapter 2, Article XV, Division 2, Section 2-394 "(LPemol,ition Delay) of the Code of Ordinances is •hereby enacted as follows : ,Z;he* Diredtor of Public Property Fhall receive applications for i,de moLit'ibn .of .buildings or structures , and, in 'accordance with app li'cjable'.la%4 or regulations, issue permits for demolition of " build.ing`' subje"ct` to the following restrictions: (a) No�p .r—i-i=f=o-r=demolition-of an-exssc ngbuilding or-structure which is;4-isted7or_eligi:ble for_list ng=on=-t_.,,_ ionaS _Register-- isCoricPlaces, or-which-is- loccated in-a-n� } t tablished-Hi_scozic-District -crea.ted_pursuenc--to-this=Code- ,(; �off'Ordi-nanc-es-,-or--which i-s f-fifty-(50)-or_nore-years-old;-shall /tel' J __ — : , be�rantedsunless�it is=first_submitted=to c`:e�Histor- cal__ Commission-f.or review-and-comment. �4 (b), Upon submission to thet_Kistorical_Commis=ior , the Commission, t mit-hin 30_days of such submission, �hal1 issue�a prelminar} °j. trecommendac=ion reg9rding the-granting.:of'a demolition'perr r.J If the Commission issues a recommendation in favor of the granting of such a permit , a demolition permit shall be 4 issued. I:f-:�the:_Commiss-ion issues -a,-re end'acion in= m _ p — posit-ion�to�the-g ranting_of such a permit for- denolition,-_no ; (permit•=snal-1- be-issued--until-- a more -thorough investigation is und_e_rtaken'and a .final _writEen recommendation-is provided by • ` Y �_r _ r. t!he" Commission. Such estigation and pec e-d ian ihallZy tbecomp:l.eted-within 180�days o.f_-the_ori.ginal -submission [o -the; M1R ,ru., =yK1S,40-F C.a-1—COmm l.SS to n_ 10"Ce)� wring said maximum one hundred-eighty (180) day period, the Historical Commission shall meet with the property owner and conduct such hearings or investigation as it may determine to be necessary in the formulation of its written recommendation regarding the granting of such permit. The Historical Commission shall consider the following criteria in its deliberations: ( 1) The building or structure is of such interest or quality that it would reasonably meet National , State or local criteria for designation as an historic or architectural landmark. (2) The building or structure is of such unusual or uncommon ' design, texture, or materials that it could not be reproduced or be reproduced only wish great difficulty and expense . -�` (3) The building or structure is of such architectural or ' historic interest that its removal would be to the detriment of the public interest. ti t (a) Retention of the building or structure would help t• " }, preserve and protect an historic place or area of historic interest in the city. (d) The-Histor=ical"Commiss-—ion-7�cha11 ,:._wit=hin-s.-id-one-hundred - ---- ' eighty-(1-80)-day-period,_issue-aa-written-recrecomnendat ion ro_thej ,D r-ecto-r-o-f-Public-`Prooe _ty and[o- the•-property--ow•ner-, . . regard- -ng-the�gran[ing -demo If no such recommendation, is issued within said period, the Historical Commission shall be deemed to have recommended the granting of said permit . In the case of a residential garage or storage shed (but excluding carriage houses as defined in the Zoning Ordinance, ?,. Section II . B. ) , the Director shall forward an application for demolition of such a structure to the City Planner and a representative of the Historical Commission. Within fifteen F3s d s` (15) days of the receipt of such a request, the Director, the Y P 9 -City Planner, and the Historical Commission representative . fti > ; shall make a determination of the historical or architectural s, rsFf�� significance of the garage or shed. If the structure is deemed significant by a majority of these three (3) w 'yszt , 1 ,f indiv.iduals the application shall be forwarded to the full 'Historical Commission for review as outlined above. If the )_structure is deemed to possess no historic or architectural significance by a majority of these three (3) individuals, or , if no action is taken within the fifteen (15) day period, then +fix 7tiu .. a demolition permit shall be issued. Nothing in this Ordinance shall supercede the regulations of che.;State Building Code 780 CMR, Sections 123.0 and 124.0 ., " r,egarding Unsafe Structures and Emergency U_ ,- y .,, - r.,. g Y Measures. „` "Secci�gi12sw :Part II ,. .Chapter 19, Article IV, Section 19-65 of the Code °`a± Ordinances is hereby amended by adding the following: n'•"' `, 0 review and comment on any application for a demolition ;permit ..for any building or structure in the city which is isced .or. eligible for listing on the National Register of Mz ,Historic Places, or which is located in an established Historic District created pursuant to this Code of Ordinances , or which is fifty (50) or more years old. Se. iori�3 his Ordinance shall take effect as provided by City Charter ' , inlCsCy COtmcl 'March 27, 1986 . Adopted � or first.passage Ina.C`ity, �buncil April '10, 1986 Amendmentdefeated Tableax>by, roll:'calf vote of 7 yeas, 4 nays, 0 absent In City,.,."�'Couiicil April 24, 1986 Taken frau the table y,,, '11 7.11 N. t+ nr S.arca, (, rwvc. D ahcani-^ 18 Crombie Street The Salem Redevelopment Authority has received letters in favor of demolition from the following: Jack Donovan, Holyoke Board of Directors, J. Donovan Associates, Inc. Paul Lyons, Bergeron Company, Inc. Joseph Palamara, Joe's Auto Laundry Gerald McCarthy, Gerald McCarthy Insurance Agency, Inc. Robert Studley, North Shore Chamber of Commerce The Salem Historical Commission has received letters stating they have no objections to demolition from the following: Mr. & Mrs. James Bennett, 16 Crombie St. The Salem Redevelopment Authority has received letters taking no position, but attesting to Holyoke's contributions to the community from the following: John Bitner, Boys and Girls Club of Greater Salem Richard Stafford, Salem Y.M.C.A. i 18 Crombie Street The Salem Redevelopment Authority has received letters in opposition of demolition from the following: M. Jeanne Ahern Elizabeth Allen, Brookhouse, 180 Derby St. Blake & Nina Anderson, 5 Chestnut St. Lance Arlander Kathleen Ward Atchason, 26 Winter St. Carole & David Barry, 53 Raymond Rd. Sue & Charlie Bean, 19 Fowler Street Mildred Berman, Salem State College Robert Beery, 26 Walter St. Barbara Beyer, 70 Washington St. Rose Bilodeau Yolande Bickerton, 5 Oakview Ave. Erwin E. Bishop Ronald Bourgeault, 694 Lafayette Rd., Hampton, NH Mary Bourne, 5 Chestnut St. David & Eleanor Brewster Maria & Michael Buckley, 21 Flint St. Phoebe & Francis Burnham, 26 Dearborn Street Abby Burns, 15 Chestnut St. Jim & Diane Burns, 32 Beach Ave James F. Callahan Margaret & Andrew Calkins Edward W. Carberg John & Carol Carr, 7 River St. B. Lisabeth Chute Marcia M. Cini Christine Connolly, 346 Essex St. Joyce Cook John V. Cunney Jr. Sally Dee, 10 Essex St. Anthony F. DiCroce, 40 Chestnut St. Ralph & Judith Doering Timothy Doggett William & Miriam Donaldson, 46 Dearborn St. Catherine Draper B. Dube Pat Durkee, 2 Andover St. Arthur Errion, 359 Essex St. Marc & Eileen Fisher Jerold & Regina Flynn John Forbes, 40 Summer St. Robert Fraser, 452 Lafayete St. Lynn Frothingham, 8 Hamilton St. William A. Gauvin, 117 Federal St. Marjorie S. Giles, 35 Warren St. Catherine Gill, 1 Daniels St. Mary Todd Glaser, 114 Bridge St. William E. Goddard, 110-108 Federal St. Suzanne Gentiluomo, 12 Porter St. William Graham, Beautiful Things, 127 Essex St. Hope & T. McLean Griffin, 14 Beckford St. Joan Griffin, 105 Federal St. Steven Gregory, 141 Federal St. Douglas Haley, 190 Salem St., Swampscott Annie Harris, Salem Historical Commission (2) James Harrison, 69 Summer St. Rebecca B. Haskell Gordon Hayes Carol Hedstrom, 126 Federal St. Don Hodgman, 373 Essex St. Shelby Hypes Mrs. William E. Johnson, 5 Kimball St., Marblehead Alice & Dolores Jordan Bessie Karanikolas, 111 Broadway Karen Keefe Peter J. Kempthorne, 7 Botts Ct. Dean & Betsy Lahikainen, 80 Federal St. Marcia Lambert 58 Ocean Ave. Raymond Lavender, 56 Appleton St. Michael & Karen Lehman, 1 Holly St. Roland L'Heureux Samuel Likens Selina F. Little, 120 Federal St. Leslie P. Limon Betty & Dick Lutts Jane Lyness Tori MacMillan Timothy Malik, 6 Harrington Ct. Susan Mason, 31 Warren St. Staley & Beth McDermet John A. Morris, 105 Federal St. Kathryn Moulison, 17 Cambridge St. Frank O'Donnell Lynn Mundy Richard Oedel Joel Ohringer, 12 Porter St. Tom & Nancy Oliva Dick & Diane Pabich, The Salem Inn Michael E. Pelletier, 31 Ravena Ave. Gary Peterson Mark Petit B. W. Phillips Juditch Picciotta Daniel & Tracy Pierce Dr. & Mrs. Richard Pohl Gerald Porter Rosamond & Alfred Putnam, 27 Broad St. Anita Read David E. Riley Mary M. Ritchie, 32 Lawrence St. Ruth R. Ropes Gunther Rudenberg Vicki Jo Sandstead, Regional Director, National Trust for Historic Preservation William C. Sano, 35 Daniels St. Betsye Sargent I Oliver Sargent William Sargent Marjorie Satinsky Russ Slam Minerva C. Shreve, 8 Broad St. Christina Smith, 20 Winter St. Jody Smith Stanley Smith, Historic Boston, Inc. Mrs. Philip Horton Smith Mary Jane Stirgwolt Joan M. Sweeney Steve Thomas, 14 Broad St. Pollyanne Tierney Jean L. Towne, 20 Savoy Rd., S. Hamilton Mildred Weiss Ellen C. Welch H. Butler Weston Randall & Loretta Wieting, 14 Buchanan Rd. Prescott & Sheila Wintersteen, 6 Broad St. Kelly S. Wyke, 4 Federal Ct. Susan Wood, 69 Summer St. plus 2 illegible names & 1 "concerned citizen' The Salem Historical Commission has received letters in opposition to demolition from the following: B. Dube, 4 Chestnut St. (2) Donna Lee Caramello, 10 Crombie St. Anne Farnam, Essex Institute Elsa Fitzgerald, Massachusetts Historic Commission William Guenther, Historic Salem, Inc. Alan Schwartz, Architectural Conservation Trust Judith Wolfe, 24 Norman St., Unit 310 The Mayor's Office has received letters in opposition to demolition from the following: J. Michael Sullivan, 13 Linden St. Nina Cohen, 22 Chestnut St. The Salem Redevelopment Authority has received letters regarding alternate uses from the following: Peter LaChapelle, Pioneer Village Restoration Campaign Donald Carleton, Society for the Study of War & Culture Amended 5/28/91 - M10WP 745-6596 STRUCTURAL REPORT SN OF 18 CROMB I E STREET ROBERT M. RUMaF & ASSOCIATES SALEM, MASSACUS13TTS ��� ROBERT M. CONSULTING ENGINEERS March 18, 1991 R M�F 101 DERBY STREET �N06.7� IQ SALEM. MASS. 01970 QOA` ''S Tho' \�V 'S�ONAi.`N4 STRUCTURAL REVIEW OF EXISTING RESIDENTIAL BUILDING Submitted to: Salem Planning Department One Salem Green Salem, Massachusetts 01970 INTRODUCTION This report is confined to the present structural condition of the above-referenced building; ganarwl deacriptione of repairs and construction are listed with associated approximate costs. Observations and recommendations are drawn from the following: site visit and visual inspection of the existing building interior. * review of the OVERVIEW STUDY prepared by Demarco/Jarek Partnership, Architects and Planners, dated September 1990. * prior experience with similar building types and typical construction procedures for structural rehabili- tation. While we generally agree with the Demarco/Jarek report, we have addressed only the structural aspects of the building: foundation, framing, and related components. Remedies to structural problems are discussed later; included in our repair estimate is a line item which covers the cost of cutting and patching required for the structural improvements only. Anticipated renovation costs which are not warranted by the structural condition of the referenced building are considered and presented - by others. EXISTING CONDITIONS We find that the condition of the superstructure of the original building and the addition is acceptable to good with the exception of the sills and various aspects of the first floor framing (as discussed in the Architects' report) . 7456596 STRUCTURAL REPORT }���`tH of M,S��S 18 CROMBIE STREET u ROBERT,'. ROBERT M. RUMPF & ASSOCIATES SALEM, MASSACUSETTS M. l CONSULTING ENGINEERS March 18, 1991 s RURE ` '^ Nq., 32 101 DERBY STREET p \1 P0 SALEM. MASS. O1970 0-1S T E �� f 310 AL The condition of the back porch 1s such that it should be be torn down entirely. The original building has a very severe lean to one side which we partly attribute to the way it was built and added to, but mostly to problems with the foundation. The condition of the foundation is fair to poor and likely to further deteriorate due to disintegration of its brick masonry components. In additions seveta eettlement at two corners and at the chimney supports has occurred while lateral movement of some of the walls ie evident (consistent with the description in the Architects' report) , RECOMMENDATIONS Pursuant to the above description of observed structural problems, we recommend the following corrective measures: * Shore superstructure and replace building sills entirely. budget $ 6, 280. 00 * Jack-up the superstructure where required to level position to properly facilitate resting sills on a new foundation. Some improvement in the presently excessive leaning of the building may result from this operation. budget $ 4, 860. 00 * Provide miscellaneous first floor framing reinforcing, connections, and supports. Repair chimney foundation. budget $ 970. 00 7. 7456596 tN OF MSS \yi� STRUCTURAL REPORT, 18 CROMBIE STREET ROBERT•\ . v ROBERT M. RUMPF & ASSOCIATES SALEM, MASSACUSETTSM.o RUM f, 1 CONSULTING ENGINEERS March 18, 1991 " P Nu• 2 .e 101 DERBY STREET �O c✓s T fP�`rV� SALEM MAS S.0190 FaS/ONAI I7 * Remove porch completely and replace rear access with new stairs from exterior grade to first floor. budget $ 710. 00 * Remove existing concrete floor and replace with a new reinforced slab on vapor barrier with construction ,joints on suitable, compacted gravel base. Install sump pit with pump to prevent damage from possible future flooding conditions. budget $ 3, 230. 00 * Remove the existing foundation and excaVate tba perimeter to allow installation of new cast- in-place concrete foundation walls and footings; dampproof foundation exterior. Include code- required vents or windows. budget $ 7, 130. 00 * Provide improved interior access to basement: install new stairs and rails. Provide new exterior bulkhead, bulkhead stairs, and weatherproof doors for exterior access. budget $ 1, 670. 00 * Remove all unused piping, wiring, conduits, miscellaneous obstructions, etc. , in basement. Clean and treat areas exposed to moisture or adjacent rot. budget $ 480. 00 7456596 STRUCTURAL REPORT ����`tH 0441f 18 CRON13IE STREET o R06ER ROBERT M. RUMPF & ASSOCIATES SALEM, MASSACUSETTS o M. t1 CONSULTING ENGINEERS March 18, 1991 RU Pf `^ NO fi632 10 1 OERBY STREET SALEM. MAS S.01970 0 AL Ei,4 X Cut and patch as necessary for disturbed areas, caused by these specified structural lmprovementa, to match original or adjacent exposed construction: interior and exterior. budget $ 960. 00 Also, although not absolutely required structurally, we rauommand that the addition be torn down in its entirety and properly rebuilt. In doing so, this structure would contribute to the stability of the original building while following an improved architectural design. CONCLUSION The above-listed observations and subsequently devised recommendations are rendered to show the reasonable minimum requirements to , adequately rehabilitate the structure and allow architectural and related utility improvements to follow. While the superstructure needs work as specified to be restored to level and near-plumb condition, the general intent of the Engineer is to require a new, structurally sound foundation and in doing so, achieve the additional benefit of a clean, dry, and usable basement. 745-6596 STRUCTURAL REPORT 18 CROMBIE STREET ROBERT M. RUMPF & ASSOCIATES SALEM, MASSACUSETTS CONSULTING ENGINEERS March 18, 1991 101 DERBY STREET SALEM. MASS.01970 Mr. William Luster Salem Planning Department One Salem Green Salem, Massachusetts 01970 Dear Mr. Luster: Enclosed herewith please find our report on the structural condition of the above-referenced building per your request. f3aua report outlines the remedial construction necessary to prevent further deterioration of the structure and assure greater safety to its occupants. If you require additional information relevant to this matter - or our services in another project - please advise. Respectfully submitted, Robert M. Rumpf, P. fi. +F' �J Salem Ast®ricaiomm ssi®n ONE SALEM GREEN, SALEM. MASSACHUSETTS 01970 X617) 745-9595, EXT. 311 February 10 , 1992 State Board of Building Regulations and Standards McCormack State Office Building One Ashburton Place - Room 1301 Boston, MA 02108 Dear Sirs/Madams: The Salem Historical Commission is writing with regard to the appeal by Holyoke Square, Inc. for 18 Crombie Street in Salem, MA. The appellant requests that a decision of the Inspector of Buildings for the City of Salem be overruled and that the owner should be ordered to remove or make the structure safe pursuant to M.G.L. Ch. 143, Sec. 6 . In September, 1990, Holyoke Square, Inc. requested a waiver of the Demolition Delay Ordinance from the Salem Historical Commission in order to demolish 18 Crombie Street. The purpose of the proposed demolition was to create a parking lot and to "landbank" the site for future use. To facilitate our decision, members of the Salem Historical Commission, including a licensed architect, an architectural designer, an historian and a contractor specializing in the restoration of historic properties, inspected 18 Crombie Street. The Commission found that building was in relatively sound condition with no significant deflection in the floors, walls or ceilings. The Commission found that the house was not racked as much as the estimate of DeMarco-Jarek Partnership, Holyoke' s architect, and the Commission found that there was no evidence that the house in continuing to rack. The Commission also found that the gradual settling and modest racking of a house of this age is not a condition to prove the structure to be unsafe. Ceiling beams of the house show no evidence of bug or water damage except for one small area. The house framing was in excellent condition. The brick foundation showed no major cracks, settlement or fissures and there was no evidence that any corner is slipping. The foundations may be out of plumb one or two inches, which is not surprising for the age of the house, but they did not appear to be unsound. There was one small area of sill rot. There was evidence that the house was moved to this location and, therefore, the foundations may be newer than the rest of the house. There was no musty smell to the house, indicating that there has been no sepage of water into the basement. 18 Crombie Street is one of seven properties located within the Crombie Street National Register District (which is the only surviving downtown residential district from the early 19th century) . Based on these findings, the Commission voted not to waive the Demolition Delay Ordinance. The Commission' s final recommendation was in opposition to the granting of a demolition permit for this historically significant building. In May, 1991, the Salem Redevelopment Authority, within whose jurisdiction 18 Crombie Street resides, voted to deny Holyoke' s request for demolition. Holyoke has since filed an appeal of this decision with Superior Court. The City of Salem proudly contains a myriad of historic homes - many of which are in greater disrepair than 18 Crombie Street. To allow the demolition of this property, as being a hazard to the public safety and welfare, would be to suggest that several hundred homes in Salem should be leveled. The Salem Historical Commission is in complete agreement with Salem' s Inspector of Buildings ' letter of August 29, 1991 to Charles DeMarco. We sincerely hope that the State Board of Building Regulations and Standards will deny the appeal of Holyoke Square, Inc. Thank you for your consideration. Sincerely, i "S HISTOR C COMMISSION John H. Carr, Jr. Vice Chairman a Salem Redevelopment Authority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 ELEPHONE 744-4580 February 10, 1992 State Board of Building Regulations and Standards McCormack State Office Building One Ashburton Place - Room 1301 Boston, MA 02108 RE: Holyoke Square Inc. 18 Crombie Street Dear Sirs/Madams: I am writing concerning the appeal of Holyoke Square, Inc. , which requests that the State Board of Building Regulations and Standards reverse a decision of William Munroe, Salem' s Inspector of Buildings, for the dwelling at 18 Crombie Street. Holyoke has gone through various local processes in attempt to demolish the building in question. In November, 1990, the Salem Historical Commission denied Holyoke ' s request to waive the Demolition Delay Ordinance. In April, 1991, the Salem Historical Commission' s final recommendation was in opposition to the granting of a demolition permit. In May, 1991, the Salem Redevelopment Authority (SRA) denied Holyoke' s request for demolition of 18 Crombie Street. An appeal of the SRA' s decision by Holyoke is currently pending in Superior Court. Prior to the SRA' s decision, the City of Salem contracted Robert M. Rumpf & Associates to provide an independent structural condition report of the property. The report recommended that only the back porch of the building be torn down and provided reasonable minimal requirements to adequately rehabilitate the structure. The report concluded that the building was not a hazard to public safety and welfare. It is my opinion that Holyoke is not appealing the decision of Salem's Inspector of Buildings out of concern for public safety and welfare, but is attempting to use the State Building, Code appeals process as a means of fulfilling their own independent objectives. I urge you to uphold the fi ings of Mr. Munroe and to deny the appeal of Holyoke Square, 4Projjie y ster Administrator ` w CITY OF SALEM - MASSACHUSETTS KEVIN T.DALY Legal Department LEONARD F. FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem, Massachusetts 01970 508-921-1990 June 30, 1992 William Luster, City Planner City of Salem One Salem Green Salem, MA 01970 Dear Bill: Enclosed herewith please find a copy of the decision from the State Building Code Appeals Board regarding 18 Crombee Street for your files. Very trul yours, Leonard F. Femino LFF/gsw Enclosure cc: David Harris, Assistant Building Inspector REGEW Fmn g- 0 6199Z S. i J&& Bid ol-&d4,7 Ala and A,ld W4 William F. Weld ✓`ratooxmadE /&& CAV -C&t'4� Governor Cow ,W,&W'Y&ft -0&u� _ Roam mol Kentaro Tsutsumi — ✓ff"aaaGo,,1& 0.2108 Chairman (617) 727-3200 Charles J. Dinezio Administrator STATE BUILDING CODE APPEALS BOARD Doc!:A #91-116 Date: June 3, 1992 In accordance with MGL 043, Section 100 and the Commonwealth of Massachusetts State Building Code, this Appeals Board has found the following: The appellant, Holyoke Square, Inc., on October 4, 1991, appealed to this Appeals Board the decision of the Building Official, City of Salem, dated August 29, 1991. Although a public hearing was originally scheduled for December 19, 1991, the appellant requested postponement and the public hearing was ultimately held on February 11, 1992, in Boston before members of the State Board of Building Regulations and Standards who acted as the State Building Code Appeals Board and in such capacity, a majority of the said Appeals Board found in its opinion the enforcement of the Massachusetts State Building Code would not do manifest injustice to the appellant and the relief requested would conflict with the general objectives of the State Building Code and any of its enabling legislation. There were :resent at the said hearing: g William J. Lundregan, Holvoke Square, Inc., 81 Washington St., Salem, MA 01970 David Harris, Building Inspector, Salem Bldg. Dept., 1 Salem Green, Salem, MA 01970 Leonard F. Femino, Asst. City Solicitor, One School St., Salem, MA 01915 Jane A. Guy, Salem Planning Dept., One Salem Green, Salem, MA 01970 Charles DeMarco, Holyoke Square, Inc., 223 Derby St., Salem, MA 01970 III STATE BUILDING CODE APPEALS BOARD Docket #91-116 Date:June 3, 1992 The appellant testified that Holyoke Square, Inc., acquired the property at interest with the intention of utilizingsame for commercial purposes but sometime after purchase determined that renovations to the P P property would be cost prohibitive, in part due to the structural condition of the building. The appellant testified it is the contention of Holyoke Square,Inc.,supported by consultants'evaluations,that the building should be viewed as an unsafe structure and consequently, in accordance with MGL c143 s6, the Buildinr, Official should order that the building be demolished (Nucci Vine Associates "Building Monitoi in!! Report",dated 2/10/92 and the "Overview Study" of DeMarco/Jarek Partnership, dated September 9, 1990 are the consultants' reports offered in support of the contention that the building is unsafe). The City of Salem testified that the building at interest did have certain structural problems related to age, construction and decay,but did not view such condition as warranting an"unsafe building"call per MGL 043 s6, and offered as additional proof of this position, the report of Robert M. Rumpf&Associates - "Structural Report, 18 Crombie St., Salem, MA", dated 3/18/91. It came to light during testimony that the appellant and the City of Salem are currently in Essex Superior Court regarding the same property but on matters tied to City by-laws affecting properties within Salem's "redevelopment area"-the appellant noted however that he was before the State Building Code Appeals Board simply on the "unsafe building" issue as addressed in MGL c143 s6. Having heard all testimony and noting that both the appellant's consultants and the City's consultant and Building Department do not view the building as in danger of imminent collapse (although all parties recognize the building's deteriorating condition), the Board unanimously voted to uphold the decision of the City of Salem Building Department and does not find sufficient reason to require the immediate condemnation and demolition of said building. SO ORDERED r f STATE BUILDING CODE APPEALS BOARD Docket #91-116 Dateaune 3, 1992 The following Board Members were present and voted in the above manner: Chairman, Armel JAI -I 1; "A, ��E{ William P. Kramer John E. rover James allisey A true copy attest, dated / fler7 k Thomas M. Riley Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of competent jurisdiction in conformance with Chapter 30A, Section 14 of the General Laws. 141♦E" - �aiem Hist®ricai ONESALEM GREEN.SALEM.MASSACHUSETTS 01970 15Q8) 745-9595. EXT. 31 1 APPLICATION FOR UT�IVER _OF .DEMOLITION.-DELAY ORDINANCE Pursuant to the Historic District's Act (General Laws, Ch. 40 C) and the Salem Historical Commission Ordinance, application is hereby made for issuance of a Certificate of Appropriateness for: construction [ ]; reconstruction [x]; demolition [ ]; moving [ ]; alteration [ ]; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the this real estate is not located in an Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 18 Crombie Street, Salem, Massachusetts Name of Record Owner: Holyoke Square, Inc . , Salem, Massachusetts Date building erected and architect, if known: 1831 DESCRIPTION OF WORK PROPOSED: (Please attach required scale drawings, paint chips and/or samples of work and material proposed, where applicable. ) Demolition of building 1 � Name of Signatur f Owner: Holyoke Square, Inc . Owner y�--- (PLEASE PRINT OR TYPE) Wi iam J . Lungan, Esq. Address of fR5 Owner, One erby Square, Salem Owner: Holysquare, Salem, MA _ Tel . No. 744-6123 Date SPACE BELOW LINE FOR OFFICIAL USE ONLY. FOR INSTRUCTIONS SEE OTHER SIDE. Date received: r/D Date of hearing: i By whom received: Number of Certificate: SALEM HISTORICAL COMMISSION Procedures for Filing Applications A. There is no fee to come before the Commission. B. Be prepared to apply for approvals well in advance of commencing any exterior work. Before making any changes to the exterior of a property in an historic district, the owner should call or visit the Commission representative at the Salem Planning Department to discuss, proposed alterations and to determine the category of the application (Appropriateness, n+ Non—Applicability or Na rd ship).w i ..,;��j(,tT;i''+s`), j� ;iw C. The Commission normally meets on the first and third Wednesdays of each month and notices are posted at City Hall. The _ meetings are held at One Salem Green, 2nd floor, and begin at 7:30 p.m. All meetings of the Commission are open to the public and any person is entitled to appear and be heard on any matter before the Commission before it reaches a decision. D. An application for a Certificate of Appropriateness or Hardship must be received by 3:00 p.m. on the Monday 16 days before the meeting in order to make the following agenda. An application for a Certificate of Non—Applicability may normally be added to the agenda up to the day of the meeting. E. ALL applications for Certificate of Appropriateness or Hardship require a public hearing. Notice of the hearing must be posted with the City Clerk 14 days before the hearing and abutters must be notified in writing. Commission staff will handle these procedures. A public hearing is not required for a Certificate of Non—Applicability. , . Applications must be submitted by the owner of the property. In case of a tenant, a waiver of the owner's appearance may be granted at the discretion of the Commission if is is requested by the owner. G. An application will not be considered complete unless all work items are thoroughly described on scaled drawings and include specifications regarding dimensions, materials, and any ocher information needed Ear the Commission to visualize the changes in order to make a determination. Applications for paint colors should include a paint chip or chart. .Applications for changes other than paint colors must be accompanied by scale drawings that adequately illustrate all proposed changes. The following items should be included in your drawings as applicable: 1. Site plan showing location of improvements: 2. Elevation drawings of the specific improvements; 3. Details/profiles (i.e. moldings, fence caps, cornices, etc.); 4. Materials (i.e. wood, brick, etc.); S. Dimensions ( i.e. size of trim); and 6. Transformers, hear pump and condenser locations, electrical entries and meters. lamp posts, stove pipes. H. At their convenience, a representative of the Commission will take pictures of the property from the public way for presentation at the meeting. It is not necessary that the applicant be home or be present. 1. At the hearing, the Commission will discuss the application with the applicant or his representative, hear the abutters and rake a vote. owners having professional consultants such as architects or contractors are urged to have them be present at rhe hearing. If the application is approved a Certificate will be issued. mailed to the applicant and copies will be sent ro the City CLerk and Building Inspector. Please note that the application can be continued until the next meeting if-the Commission deems necessary ( ,.a. for reasons of incomplete drawings, to perform a site visit, etc.). In any case, the Commission must make a determination within 60 days from the date the application is received. J. A property owner or a contractor cannot receive a building permit unless a Certificate has been issued or the applicant has a letter from the Commission stating that the change involved is not subject to the Commission's jurisdiction. K. The City 01 Salem reserves the right to inspect the project to determine compliance with the conditions set forth in the Certificate of Appropriateness. Violations A person commencing or completing work to the exterior of a building in an historic district without the necessary approval of the Commission is subject to fines of up to $500 per day from the date of the violation. The City of Salem is not responsible for an owner's neglect to inquire about necessary City permits and approvals. Ali records are public and we will be happy to confidentially assist you if you are concerned that someone in your neighborhood is in violation. Assistance Copies of Commission guidelines are available at the Salem Planning Department. The guidelines provide examples of what is historically appropriate (and inappropriate) for Salem's neighborhoods including trim, siding, doors, doorways, porticos, steps, fences, masonry, paint colors, parking solutions, roofing, and windows. These guidelines will help you understand what changes are likely or unlikely to be approved. The Commission supports your efforts to improve your property and can guide you on historical appropriateness. various books and City—wide architectural inventories are available to help you identify the style and age of your home. Also available are rehabilitation guidelines. mist. legislation, pictures, books, and other historical data and research materials. For further information contact the Commission's staff representative, Jane Guy (Salem Planning Depc., One Salem Green. Salem, MA 01970, 508-745-9595, ext. 311). it JHisCom7/Summary i v • � 3 J�c�t Sa e m Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 745-9595, ext. 311 NOTICE OF HEARING The Salem Historical Commission will give a public hearing to all persons interested in the application of: Holyoke Square, Inc. on the property at: 18 Crombie Street concerning: Waiver of demolition delay ordinance Date of hearing: Wednesday, October 3, 1990 Time of hearing: 7:30 p.m. Location of hearing: One Salem Green By Order of the Salem Historical Commission 0 C k of the Cofs ion c;Historic Clem incorporated P.O. BOX 865 SALEM, MASSACHUSETTS 01970 / PHONE (508) 745-0799 November 1, 1993 RECEIVED NOV 0 2 1993 Mr. Douglas Ryder, President Holyoke Mutual Insurance Company `yWOM elUi0i'lig l7S'(J4. Holyoke Square Salem, MA 01970 Dear Mr. Ryder: This letter will reconfirm the commitment of Historic Salem, Inc. to oppose the demolition of the house at 18 Crombie St., Salem. We are in receipt of a letter from Mr. William Luster, Executive Director of the Salem Redevelopment Authority, dated August 15, 1993, requesting that you reply to him regarding the destruction of fences and the construction of additional parking spaces in the side and rear yards. We have not received any correspondence from you concerning a remedy to this situation. I would like to remind you that over 200 letters from our membership were sent to the Salem Redevelopment Authority in the fall of 1991 concerning your plans to demolish this property. We are mindful that Holyoke Insurance Co. was once the owner of Samuel McIntire's home on Summer St. which the company destroyed to expand its headquarters. P Y Y We are concerned that 18 Crombie St. does not fall fate to such reckless disregard for the city's historic heritage. It appears that through benign neglect, 18 Crombie St. may be the next target for your destruction. We would like you to assure our membership of over 600 that this is in fact not your intent. We await your reply. Sincerely, 6 ohn H. Casey President cc: Attorney William Lundregan Robert Ledoux, City Solicitor Richard Oedel, Salem Historical Commission William Luster, Salem Redevelopment Authority Salem BOARD OF DIRECTORS 'Redevelopment loan Boudreau Barbara Cleary William Guenther Authority Paul LHeureux William E. Luster Erecutiw Director August 15, 1993 Mr. Douglas Ryder Holyoke Mutual Insurance Company Holyoke Square Salem, MA 01970 Subject: 18 Crombie Street/Demolition of fence and rear yard Dear Mr. Ryder: I am writing in regard to the recent construction that took place at 18 Crombie Street, specifically the removal of the fence and construction of additional parking spaces in the side and rear yards. As you know, this property is located in a Salem Redevelopment Authority (SRA) Urban Renewal District (Heritage Plaza West). This distinction requires that property owners receive approval from the SRA prior to performing any exterior renovations. Neither Holyoke Mutual Insurance, nor the contractor who completed the work, applied for or received any approvals to construct the exterior parking spaces. Furthermore, since there is a court case pending in regard to the SRA's decision to deny demolition of this building, it seems likely that Holyoke had some awareness of the SRA's role in this project. I respectfully request that you or your representative contact me immediately in order to discuss how Holyoke Mutual plans to remedy this situation. Sincereelly', illiam Luster Executive Director cc: William Lundregan Len Femino, Asst. City Solicitor Salem Historical Commission K:%SRARyder.lu One Salem Green • Salem, Massachusetts 01970 • (508) 745-9595, Ext. 311 • Fax (508) 744-5918 MINUTES OF THE MEETING OF THE BOARD OF THE SALEM REDEVELOPMENT AUTHORITY HELD ON MAY 28 , 1991 On Tuesday, May 28, 1991 , board members of the Salem Redevelopment Authority met in open session for their regular meeting at One Salem Green, Salem, MA at 4: 30 p.m. Chairman Joan Boudreau called the meeting to order . On roll call, the following members answered present : Joan Boudreau, Roland Pinault, Paul L'Heureux and William Guenther . BILLS Mr . Luster presented the following bill for the Board ' s approval: 1. Group Insurance Commission $715 . 00 Estimated Bill ( 4/1/91-6/30/91) Roland Pinault made a motion to approve the bill as presented. Mr . Guenther seconded the motion. A roll call vote was taken, all were in favor , motion so carried. Let the record show Peter Fetchko joined the meeting at this time. DISCUSSION/NEW BUSINESS Buonaiuto Capitalization Loan Mr . Luster explained to the Board that the loan request from Mr . Michael Buonaiuto of Totstop Inc. is being reviewed. Several questions have arisen regarding the financial feasibility of this project. Mr . Luster stated at this time that he was not optimistic that the Board would be able grant his loan for the entire amount requested ($80,000) . A final loan package with a loan amount and terms and conditions will be presented for the Board' s review at the next meeting. Thibodeau Capitalization Loan Mr . Luster informed the Board that Mr . Lawrence Thibodeau of Lonnie ' s Place has approached the SRA regarding a $20,000 Capitalization Loan for roof repairs at his place of business located at 103 Lafayette Street. The SRA staff will be discussing this request with Mr . Thibodeau over the next month. Hopefully, before the next meeting, each member will have an opportunity to drive by the site and view the building. We will discuss this loan request in greater detail at the next meeting. J 18 Crombie Street - Proposed Demolition At this time Chairman Boudreau informed the audience that this meeting is not a public hearing, however , the Board is interested in the viewpoints of the parties present . The Board will allow representatives from the Holyoke Insurance Company and representatives in opposition to the demolition to speak . Project Administrator William Luster stated to the Board that Holyoke ' s proposal to demolish the house located at 18 Crombie and replace it with a parking lot was presented at a previous SRA meeting and then it proceeded to the Design Review Board (DRB) . The DRB felt that the demolition of this house was a policy issue which should be decided solely by the SRA. At that time, the SRA authorized the retention of Robert Rumpf Associates to review the structural engineering study performed by Demarco/Jarek for Holyoke. _The Planning Department also prepared a cost estimate of the funds necessary to make this building liveable. Please note that the Demarco/Jarek cost estimates are higher than those of the City ' s. Mr . Luster stated that it is important to note that Holyoke has stated that if they are not allowed to tear the house down they will not spend any money to maintain or rehabilitate it, so this issue is irrelevant . Mr . Luster continued that the SRA has received a large quantity of mail regarding this issue. Five letters from area businesses have been received in favor of the demolition, a letter from the residents of 16 Crombie Street which stated that they have no objections to this demolition, two letters have been received taking no position on the demolition, but attest to Holyoke ' s contributions to the community. The Board has received 127 letters from residents stating their opposition to the demolition of the building. Mr . Luster went onto state that in his memo regarding 18 Crombie Street he cited several quotes from the SRA' s Urban Renewal Plan and how they relate to this Board' s responsibility for preservation, restoration and development within their boundaries. The community has been very involved in this issue, since Holyoke approached the Salem Historical Commission, through the DRB process and this evening. He went on to state that this house is located within a National Register District. It comprises one of seven structures in the district. It is important to point out the P detrimental effects which could occur if this building is demolished. This building contributes to the City' s entire historic fabric. The SRA' s objective to redevelop the downtown cannot be achieved by allowing the demolition of a building without putting something in its place. Holyoke has not presented any long term development plans for this area. They are landbanking. 2 If the Board allows the demolition of this building without plans for another permanent structure, they are setting a dangerous precedent for future demolitions and vacant lots to remain undeveloped for several years. He went on to state that the SRA and the City recognize Holyoke ' s value to the community, and if Holyoke appears before the Board with redevelopment plans for expansion, then the SRA could review this proposal in a different manner . Chairman Boudreau thanked Mr . Luster for his presentation and for all the research he provided to the Board members relevant to this issue. Mr . Lundregan stated that this issue has been heard at one public hearing and he asked that this Board not be persuaded by previous deliberations and approach this issue and make a decision based on the information presented this evening. In this vein, Attorney Lundregan asked that Mr . Guenther recuse himself from the discussion and vote on this issue, stating that as President of Historic Salem Mr . Guenther submitted a letter dated September 4, 1989 in opposition to this demolition. He went on to state that Mr . Guenther has already prejudged this issue and would not listen objectively to this evenings presentation. Mr . Lundregan also stated that he had asked Ms. Anne Farnam, a DRB member , to recuse herself from a previous DRB meeting, as she was also publicly opposed to this demolition. Ms . Farnam had accommodated this request . Mr . Luster informed the SRA that he has researched this issue by speaking with the State Ethics Commission. The SRA has received a letter from Mr . Steven Pierce from EOCD, which was submitted for the record, permitting Mr . Guenther to participate in this discussion. Mr . Luster stated that it was very gracious of Ms. Farnam to recuse herself from the DRS meeting, but she was probably surprised by Mr . Lundregan' s request and recused herself based on a lack of knowledge on this issue. Mr . Pinault asked when this letter from EOCD was received. Mr . Guenther responded that the letter was received today. He went on to state that the Ethics Commission rules directly relate to financial conflict. There is no financial conflict between himself and the demolition. Mr . Guenther also stated that he sits on this Board with an open mind regarding this project, and went on to state that there are circumstances in which he would consider approving this demolition. 3 Mr . Lundregan stated that Holyoke is a corporate citizen, and it deserves the right to come before a municipal Board that does not have members who speak out publicly and privately against our proposal . Mr . Lundregan felt that Mr . Guenther would not give this proposal fair consideration, and stated that Mr . Guenther had written a two page letter against the proposed demolition. Mr . Lundregan went on to state that this has been only the second time in public life that he has raised a conflict of interest issue. He also stated that he did not think Ms. Farnam was surprised at his request. He felt she was fair-minded and he was impressed with her actions. Mr . Luster stated that EOCD is basically the parent organization of the SRA, they have given us their guidance on this issue, and we feel comfortable with their decision. Mr . Guenther added that EOCD has been aware of this particular issue since he was nominated as the State ' s appointee to the SRA. He continued that since that time, he has refrained from an active role at Historic Salem. Mr . Lundregan stated that he is asking that this be a fair hearing, and that no individual prejudge this issue. He asked that the Board listen to the presentations this evenings and then decide how to vote on the issue. Chairman Boudreau stated that since EOCD, the Board' s governing authority, has sent us documentation that Mr . Guenther ' s discussing and voting on this issue does not present a conflict, this Board in its entirety ( 5 members) will vote on this issue. At this time, Mr . Lundregan began his formal presentation. He stated that if the City wanted to save this house, they could have taken it by eminent domain. This issue is much more complex than whether or not Holyoke should be allowed to tear this house down. Holyoke has tried to cooperate with the City regarding this issue, and understands that the City is under pressure from a post card campaign which was initiated to try to save this house. Mr . Lundregan asked that letters such as the one from Eastern Bank be considered. Business people took time to write letters expressing their support for Holyoke, they did not simply sign their name to a postcard. Attorney Lundregan went on to state that Holyoke has been in business in Salem since 1850. The City has a good business climate in which to thrive, and Holyoke has been a good corporate citizen, employing approximately 200 people of which 100 live in Salem. Holyoke has tried to provide enough on-site parking for all of their employees and customers. 4 He cited that another issue to consider is the actual condition of the house. At considerable expense to Holyoke, professionals have inspected the entire building and reported what is unsafe or in need of repair , methods of renovation, and if these repairs would be economically feasible. Attorney Lundregan informed the Board that Holyoke has been buying land for decades . In the 1950 ' s Holyoke decided to build a corporate headquarters and were able to do this in Salem. They constructed the building taking into consideration the surrounding neighborhoods. In fact, Holyoke allowed a substantial tree to remain on the property near the residential side of the building and provided private parking under the building . A copy of a City Council citation was submitted for the record. The citation stated what good corporate citizens Holyoke had been during this construction process. All of these things show the credibility of Holyoke and its commitment to Salem. He questioned the Board as to whether or not all of the civic accomplishments that Holyoke has achieved in the past were to no avail. He stated that the City has bought land in this area. Specifically, where the White Hen Pantry is located. Holyoke currently owns the land where Joe ' s Auto Laundry is located. Attorney Lundregan stated that Holyoke ' s purchase of property in close proximity to their headquarters is not unlike the Peabody Museum purchasing available properties which surround their main building. Salem Hospital has also purchased property to provide for its expansion in the future. Mr . Lundregan stated that when this property was first purchased, Holyoke had intended to rehabilitate the building and use it for a Sales Training Center . Holyoke paid $169 , 000 for the building and estimated rehabilitation costs associated with the center were $194,000 . Total renovation costs for this small piece of property would have been approximately $364,000. An economic decision was made not to expend further funds to rehabilitate this building. Mr . Lundregan contended that this property has no historic value and that this neighborhood, due to the City ' s action to allow a homeless shelter on the street and the SRA' s action to demolish buildings and . erect the White Hen Pantry, has little historic value. Attorney Lundregan summarized that Holyoke would not consider the City' s response to delay or disallow demolition of this property a reasonable decision. Messrs. Demarco and Jarek will present detailed findings of their report which outlines the deteriorated condition of this building. Mr. Lundregan also stated that he has not seen the actual Rumpf report commissioned by the SRA, but has only heard what was paraphrased by Mr . Luster . 5 Mr . Lundregan informed the SRA that Holyoke has explored other alternatives over the 1 1/2 years it has owned the site, such as donating the building to Pioneer Village, the House of Seven Gables and the Park and Recreation Commission. Holyoke has offered to pay for moving the building to another location, but no one has any interest in this proposal . The building is presently appraised at $110 ,000 . Holyoke would have to disclose to a potential buyer that it would cost between $113, 000 and $194 ,000 to rehabilitate the building . It would cost more to rehabilitate the building than to buy it. However , we do not want to sell the house, we want the land. Attorney Lundregan stated that Holyoke is not willing to expend any more funds on this house. If they do not get permission to tear it down, they will board it up and it will probably fall victim to vandals and further deterioration. At some point the City will probably order us to tear it down because of the health and safety hazards it- would present . Mr . Lundregan stated that he understands the policies and concerns of Historic Salem and the Historic District, but Holyoke has to make a decision based on finances and economics . Attorney Lundregan asked that the Board consider what Holyoke represents to the City, the current condition of the house, the options that have been explored and what actions the SRA has taken in the past. This is not a neighborhood of great historic significance and the previous SRA actions were not unjustified, and prove this point. If we are allowed to demolish this building, we will be able provide parking for our employees. Mr . Lundregan stated that Holyoke is landbanking, and that they have no future development plans for this property. He stated that Holyoke will not be back before this Board for at least three years with redevelopment plans. Holyoke is open to any changes, additions, or deletions to the proposed parking plan. At this time, Mr . Charles Demarco, hired by Holyoke to research the historic nature of the building and provide structural information pertaining to the building, made his presentation. Mr . Demarco reported that Crombie Street was originally settled on a river bed and is approximately 160 years old. The house has a brick foundation and the house is listing and has settled. Pictures were shown outlining the major problem areas. There is approximately $30,000 worth of structural work that needs to be performed to the chimney. There are approximately 28 State code deficiencies existing in the building with an estimated repair cost of $113,000. 6 This house is located in a business zone, it is currently a non- conforming use. The City ' s Building Inspector has indicated that since this is a business zone, there are special regulations and materials with specific fire ratings which have to placed on the building, which could mean the sides have to be removed and replaced, etc. There are substantial rotting problems in various parts of the house. There are carpenter ants located in the rear porch and addition. Estimated costs of $30 ,000 to stabilize the foundation were submitted. There are several light and ventilation requirements which could result in the replacement of the existing windows with bigger areas. Mr . Demarco explained that the proposed use for this parcel is to construct a parking area that meets the City ' s requirements as far as space sizes and landscaping requirements . Currently, the proposal calls for the construction of eight parking spaces. Regarding the historic nature of the building, Mr . Demarco hired a consultant to do this research. He has reported that no one of historic nature has lived in this house, and there have been fifteen different families who have lived in this house. Chairman Boudreau asked why there is such a disparity between cost estimates. Mr . Demarco replied that the cost estimates provided are in different categories. One estimate is to make the building into a conference center and guest apartment . There are specific code requirements which add up to $194 ,000 . The $113,000 figure was arrived upon to bring the house up to code to sell. $30 , 000 of that figure has to do with structural repair. Mr . Luster informed the Board that Mr . Rumpf reported that the building is structurally sound and that the foundation work to improve the building would be estimated between $25, 000-$26, 000 and code work to the building exclusive of the foundation work is estimated to be between $20, 00-$25, 000 . The disparity between Mr . Demarco and Mr . Rumpf ' s figures occur because he is incurring expenses regarding items that the City would not order him to perform. Mr. Luster also stated that if the addition to the building is not structurally sound, it should be taken down . The City Inspectors would not make the owners take out windows and change ceiling heights as Mr . Demarco suggests and adds into his rehabilitation totals. The City is very comfortable with its rehabilitation cost estimate of $48,000-$50,000. Mr . Lundregan replied that the Rumpf report seems to corroborate what Holyoke ' s architects have found. Mr . Rumpf states that the rehabilitation would cost a minimum of $50,000 . Mr. Demarco added that there needs to be repair work to the gutters, insulation of the ventilation systems, repairs to allow the fireplaces to be operational, and replacement of rot on several trim boards. There is a fair amount of work to be done is several different areas. 7 r . Mr . Demarco went on to state that there is a question of asbestos removal, repairing mechanical systems, and removing lead paint. Mr . Luster agreed that there is work that needs to be done on the building, but the major issue is that we disagree with the numbers presented by Holyoke. He went on to state, however, that the issue of cost is irrelevant because Holyoke does not intend to spend any money on the building. Mr . Lundregan stated that $50,000 does not even begin to address the work which needs to be done to the building. Mr . Demarco added that the foundation is not stable, however , the frame is salvageable. He stated the foundation is probably still moving. He reiterated his belief that this is not an historic house - it is just an old house. Mr . Guenther interjected that this is a historic house, as it is part of a National Register District . This house was purchased in 1988-89 . The designation was made in 1983 . Holyoke was aware of this designation when they purchased the property. Mr . Lundregan stated that this designation is a Federal designation and holds no significance or restrictions as to what an owner can do to the building. Mr . Guenther stated that as part of the SRA' s objectives we must take into account this designation. Chairman Boudreau agreed that this is a prestigious designation, and we should take it into account when making our decision. Mr . Guenther stated that the Demolition Delay Ordinance, which is monitored by the Salem Historic Commission, was enacted to preserve and protect all buildings over 50 years old, not only the houses of the rich and famous. One criteria to consider when preserving a house is if anyone of historical significance lived or visited it, however, it is not the only criteria. At this time Mr. Stanley Smith, former SRA treasurer and currently Executive Director of Historic Boston Incorporated, spoke in opposition to this demolition citing that Heritage Plaza West (HPW) , the City urban renewal plan, was created as a preservation plan to give the City power to control just this kind of issue. In fact, Mr. Smith stated that at the time, the SRA initiated and financed the survey work which resulted in the designation of Crombie Street as a National Register District. He went on to state that Heritage Plaza East (HPE) was not written as a preservation plan, and he felt its urban renewal results were disastrous. He stated demolition should only be considered after all other alternatives have been exhaustively pursued. 8 He cited that Historic Boston has just involved itself in renovation of an historic building with a rehabilitation cost of $10 million. The 18 Crombie Street building would not even qualify for Historic Boston funding, because it is not in that bad of a condition. He stated that tonight ' s decision should not be made because of Holyoke ' s threats to let the building fall down or their business or political stance in the community. There are ways for Holyoke to receive Secretary of the Interior Tax Credits - approximately 20% of the total value of the rehabilitation costs - if they would repair the building. Mr . Don Carlton from the Society of War and Culture stated his opposition to the demolition. He stated that he has contacted Holyoke with an interest to buy the building. He also stated that he has researched the history of the building , and found that the structure is approximately 220 years old. It was built in the 1770 ' s . The building was moved from Chestnut Street to its current location on Crombie Street . He also stated that a previous owner of the house is said to be a confidant of Nathaniel Hawthorne ' s. Mr . Carlton stated that he sent a letter to Mr . Ryder explaining the Society and their interest in this building. He stated that in regards to building codes, he felt that the variances could be granted so that the 17th Century architecture could be preserved and still allow the building to be liveable. He went on to stated that he tried to contact Mr . Ryder by telephone, and Mr . Ryder hung up on him. Mr . Pinault asked Chairman Boudreau to limit the amount of audience participation, since this is not a public hearing. Chairman Boudreau agreed and called upon Mr . John Carr , Vice Chairman of the Salem Historical Commission to be the last speaker . Mr . Carr urged the Board to reconsider their position and allow other people to speak. He submitted a letter from the Historic Commission. He went on to state the Mr . Lundregan appeared before the Salem Historical Commission as required by the Demolition Delay Ordinance. The Commission went on a one hour site visit of the property, members in attendance included two architects and a contractor. The members agreed, and were actually amazed, at the soundness of the building. Holyoke ' s request to waive the Demolition Delay Ordinance was denied. The Commission disagrees with Mr . Lundregan' s statement that this is not historic. Crombie Street , and this building in its location, are significant as expressed by the Federal government ' s National Register Designation. This is a ver difficult. designation nation to receive and Y 9 this building is considered of central importance to the District. He went on to state that if all s requests to tear down buildings 9 were approved, half of downtown would be a parking lot. He asked the Board to consider the information submitted by the Historical Commission and other letters received in opposition to this demolition when making their decision. 9 Chairman Boudreau thanked the audience for their input . At this time each Board member commented on the evening ' s proceedings . Roland Pinault stated that he is aware that Holyoke is planning to landbank this property, and that people of some importance have formally lived in this building, but he stated that he does not feel Holyoke can do much more, they have offered it to other organizations and no one would take it . He also referenced the Alive with History Brochure and stated that Crombie Street is not listed as a historic place for visitors . Mr . Fetchko stated that he is aware of Holyoke ' s contribution to the City, but he feels the issue is clear and the community and various historical societies have spoken up in opposition to this demolition. He also stated that Holyoke has not presented a real long-term development proposal for the site. Mr . L'Heureux stated that when Holyoke bought this building, they were aware this was in a National Register District and should have known they would have problems trying to receive permission to demolish this building. Our SRA objectives in this area charge us with preservation of structures such as this one. Mr . Guenther stated that this Board has an opportunity to enforce the fact that "preservation is good business" and a very important part of Salem' s total character . He also stated that some of Mr . Lundregan' s arguments could be accepted if a more substantial, long-term proposal was presented. He felt the construction of parking spaces does not justify demolishing this building. At this time, Chairman Board entertained a motion to allow or disallow this demolition. Mr . Pinault made a motion to grant permission to Holyoke to tear down the building located at 18 Crombie Street. There was no second. Paul L'Heureux made a motion to deny Holyoke ' s request for demolition of the structure located at 18 Crombie Street . Peter Fetchko seconded the motion. A roll call vote was taken. Joan Boudreau, Peter Fetchko, Paul L'Heureux and William Guenther were in favor of the motion. Roland Pinault was opposed. Motion so carried. Demolition Denied. 10 THE SALEM,MASS.,EVENING NEWS—WEDNESDAY,MAY 29, 1991 SALEM Crombie St. dwelling saved, for now Insurance ,company vows to let it rot after SRA denies demolition request - A News staff report past is of no avail,"he said. SALEM — Siding with preser- He said the company had of- vationists, the Salem Redevel- fered the house to historic organi opment Authority voted Tuesday zations and others to move it from against allowing the Holyoke Mu- the site at Holyoke's expense,but tuai Insurance Co. to tear down a it had no takers. historic house at 18 Crombie St. to make way for a parking lot. The company originally wanted to convert the gambrel-roofed ' Hol okes attorney y William J. house into a conference building, Lundregan vowed that the com- but costs of renovation were pro- - -� pany will simply board up the hibitive, he said. The company's house and let it deteriorate until architects said it would cost at the city is forced to knock it down. least $113,000 to make the house The board voted 4-1. to pre= livable. The company the the serve the house with member Ro- house for$185,000 four years ago.Jan �. nordty. Pinault voting in the mi- He said the company buying Dwelling at 18 Crombie St. has been a source of contention between Lundregan challenged the property was no different than the Holyoke Insurance Company, which wants to tear It down for a i the Peabody Museum of Salem parking lot, and neighbors and preservationists,who say the building fairness of the hearing from the buying buildings downtown. has historic value and is part of a historic district. Tha s.k...N...Ifile photo start f the two-hour meeting, He said the compnay had no asking member William Guenther - + to excuse himself from the vote plans for at least three years to demolition,"Luster said. be a tremendous opportunity for since he opposed tearing down develop the site and the adjacent Lundregan argued that the Holyoke to boost its public image. the building as a member of His- Joe's Auto Laundry,which it also house was of no significant histor- He suggested the company could toric Salem Inc. owns. ical value since no one famous reduce its rehabilitation costs by Guenther and City Planner Wil- He also disputed whether its had ever lived there. Guenther using tax credits. liam E.Luster contacted the state National Historic Register desig- scoffed, saying he hoped Holyoke Board member Pinauit,who ar- Ethics Commission which in- nation prevented its demolition. didn't just want to preserve the gued for demolition, said the structed Guenther to get clear- City Planner William E.Luster, homes of the"rich and famous." house has been moved pre- ance from the Executive Office of who debated the costs for renova- Others contended that the viously,according to historical re- Communities and Development. tion with Holyoke's architects, house was at least 220 years old cords,from Chestnut Street. EOCD ruled in Guenther's favor, said the issue is "irrelevant" and had been home to significant He said Holyoke worked hard Guenther,said the state Ethics since Holyoke doesn't want to fix people such as a colleague of Na- to have someone take the house Commission deals with financial up the house. thaniel Hawthorne and the first and move it from Crombie Street. conflicts of interest."There's noindependent black merchant in Luster said Holyoke's plan to Board member Peter Fetchko financial " conflict,"he said. the city' said while'Holyoke has been an I land-bank" the property was in- it Lundregan said he wasn't sug- appropriate. "Preservation is good business outstanding corporate citizen,the gesting there was a financial con- in Salem,"Guenther said. community has spoken in opposi- flict. He said all he was looking in overall goal of the SRA is Stanley Smith, former SRA tion. for from the board was a "fair to pursue the redevelopment of treasurer, said only after an ex- He said the only development shake"and a fair hearing. the Central Business District. In haustive process would the demo- the companyp place Lundregan argued that Hol- order to meet that goal, it is im- lition of a historic house evenbe of the ouewwas parking. The perative that demolition be p g• _ yoke as been a good corporate quickly followed with redevel- considered. company planned eight spaces. neighbor since 1850, employing opment. Land-banking for future "This building has much going Board member Paul L'Heureux )200 people. redevelopment is a dangerous for it,"he said. said the company has a responsi- "Everything we've done in the precedent which can encourage He said saving the house would bility to maintain the house. M EVENING NEWS—WEDNESDAY,MAY 29, 1991 - - 12 THE SALEM, `„, BEVERLY school false alarms m . 'check' dmark, other frequent fire calls 'If the number of false alarms continues at ion to the full Board of Alder- chief may access a fine against the the current , rate, they (each institution) en. alarm system owner for each mal- would pay about $4,500 a year for the use of Hannibal said the ordinance is function or false alarm. , ong overdue. Some 'residents For the first malicious false our equipment running down there. ave complained for years that alarm and every time thereafter, Russell E.Hannibal Sr., he fire department is kept busy the fine is$150 per call. alderman who submitted ordinance responding to repeated false For a malfunctioning system, larms at private schools with no the first through third time,there .-- mancial compensation to the is no charge. The fourth through Hannibal said the city sends out there may be a greater effort to Ity. 15th malfunction,the fine is$100; $330,000 worth of fire equipment curb the number of false alarms. Hannibal said he and fire offs- the 16th through 50th time, $150 to false calls at the schools. Many communities have a similar _ lals met with representatives of and each malfunction after 50 per "There's no reason we should be ordinance,he said. andmark, Gordon College and fiscal year is$300. running down there for nothing," 'Wscanner When I hear over the scann Endicott College to discuss the Hannibal said he wants to see he said. that fire trucks are being der roposed ordinance. "There was the ordinance on the city books is- o great uproar from them," he by the start of the new fiscal year At Gordon College, which is lo- patched to Endicott College three ;aid. July 1. cated in Wenham just over the times on a Sunday afternoon, "If the number of false alarms False alarms are set off inten- Beverly line on Grapevine Road, something has to be done," Han- ontinues at the current rate, tionally by students using hair W enham's call fire department nibal said, suggesting schools hey would pay about $4,500 a spray, a powder puff or even now collects $150 for every false beef up security to stop the false p y ear for the use of our equipment steam irons,he said. alarm during the day and$450 for alarms.every call at night,Hannibal said. unning down there. It will pro- The police department cur- Beverly gets no compensation, Hannibal said firefighters ect our equipment and pay the rently imposes fines when officers even though a Beverly engine could be injured on a false alarm en to run down there,"he said. respond to repeated false burglar also responds. The two commu- run. Or a real emergency could According to the ordinance, if alarms in businesses and stores, nities cover each other on all occur when three fire trucks are :here is a fire alarm system mal- he said, estimating the police col- boxes near the boundary. enroute to a private school false Function or the intentional activa- lect about $10,000 in fines each alarm, leaving the response time tion of the system when there is year which are turned back in to If private schools are being hit much longer to the actual emer- o fire or emergency, the fire city coffers. in the pocketbook,Hannibal said, gency.. ve plans; . =5 figures fig sponded by creating and funding a building commission for the Cove School addition Tuesday at Monahan's request. s The committee unanimously approved the creation of the building commission,with Ward 3 ' committee member Kenneth R. Broderick posting the sole vote against asking for a $25,000 sup- w E SALEM,MASS.,EVENING NEWS—FRIDAY,DECEMBER 21,1990 Historic Salem fights to spare Crombie St. home A News staff report SALEM—Historic,Salem Inc., i the community organization founded 46 years ago to preserve historic sites and buildings, joined the effort to prevent the Holyoke Mutual Insurance Com- pany from tearing down a gam- l brel-roofed home on Crombie Street. Historic Salem asked its board members to send postcards and letters supporting the preserva- tion of the Crombie Street prop- erty to Joan Boudreau, who chairs the Salem Redevelopment 18 Crombie St. Authority. Holyoke Mutual Insurance were against the demolition be- house at 18 Crombie St. for Company, which bought the cause the building is structurally $169,000 four years ago, wants to sound, about 220 years old and tear the house down and build has important historic signifi- parking spaces. The company cance. The building belongs to maintains the house is 160 years the Crombie Street National Reg- old,falling down and of no histori- ister District, which contains just cal importance. seven houses all on Crombie Street. The street also is one of Last month, the Historical few residential neighborhoods Commission unanimously voted left in downtown Salem. to recommend against a waiver Board member Nina V. Cohen that would allow demolition of sent a letter to Historic Salem the building. But the commission Inc. members asking them to can only delay demolition for six months. The Salem Redevel- show support for the preservation opment Authority ultimately will of the building by sending letters . decide whether the building can and postcards to the Salem Rede- be torn down, velopment Authority before they consider the proposed demoli- Commission members said they tion. " 4 ' 12 THE SALEM,MASS.,EVENING NEWS—FRIDAY,DECEMBER 21,1 .Let's eliminate 1 A News staff report BEVERLY— Rather than any 'At least we will know registration move, Licensing Beverly. It will show peo Board member Russell Kiernan called Thursday for a voluntary a concern for young peop ban by package store owners on the sale of beer kegs. Beve Kiernan said keeping kegs off the shelves might cut down on the number of under age drinking showed 63 percent of Beverly bo parties. High School students drink alco- th hol at least once a month, and a ow Kiernan's request to liquor newspaper report that liquor con- to store owners was made during a sumption and depression in- sal public hearing on whether the Li- crease around the holidays. pa censing Board would allow Sun- day openings before Christmas He said teens are holding keg and New Year's Day.(See related parties in the woods, and cited a ce story.) recent incident on Thoreau Circle an where six police crusiers broke Kiernan said if some liquor up a party with over 100 young J store owners were vigorously lob- people and confiscated a beer bying for the Sunday openings to keg. P1 allow their businesses to compete w with other stores, owners should "I'd like to have it cured,"Kier- th voluntarily agree not to sell beer nan said. to kegs in Beverly. be an "I think you have to give and Store owners like idea na take,"Kiernan said. Some package store owners, who say they don't sell beer kegs th He said he would bring up the anyway, supported Kiernan's voluntary ban on beer keg sales idea. at in the city again at the board's N January meeting. "We have'not sold a keg in the re last couple of years,"said George bu He invited package store own- Finn, owner of two package m ers to come to a future meeting or stores on Bridge Street. sh write or call to tell board mem- bers their thoughts about a volun- Leroy"Red"Hutt,owner of the to tary ban. Depot Package Store, Anna la Russo, owner of Beverly Package Cl. "We'd like to see if people will Store, and Jim Silva, owner of µ say they would not sell kegs in the Crossing Corner Market, said p city of Beverly," Kiernan said. they have also not sold beer kegs Ci "At least we will know it was not in years. sold in Beverly. It will show peo- n� ple in Beverly have a concern for Robert Dubrow,manager of the young people." Cornerstore on Cabot Street,said c he would have to give the idea u Kiernan said his campaign more thought. p about beer keg sales was THE SALEM,MASS.,EVENING NEWS—SATURDAY,NOVEMBER 10,1990 S OP-ED Delay puts kink n gretmrichm quick scheme A News staff report handfuls of political pundits monitored the returns the flag pole Monday night,he said. downtown business or some of his supporters in the SALEM—Salem High School Senior Casey White at City Hall. Those who did show up soon wandered Whoever stole the American flag will have a hard last election. thought he had found a quick way to earn $25 this away because the returns took so long to be tab- time hiding it or using it as a wall decoration be- The battle ground will be at the Salem Redevel- week, yet the get-rich-quick scheme turned into a ulated. cause it is so big. opment Authority where City Planner William E. Four-and-a-half hour nightmare. As luck— bad luck, that is — would have it, the Luster could be a key player. White, best known around the high school for his results for Ward 7, precinct 2, the numbers White While he waits the flag to be returned or is forced 0 role on the hockey team,was working in the student needed, were the to buy.a new one,Andrews said he will bring an old The Board of Appeal Wednesday night gave the M activity office recently when someone from the tele- flag out of mothballs and fly it. newest police station proposal a green light again. 4 vision network ABC called.White was offered$25 to last to be posted. f SALEM The results finally All that f needed now, besides a final design, y stop by City Hall election night and pick up the re- Y Word is that former mayoral candidate Michael approval of the bond authorization from the City sults of Ward 7, precinct 2,then phone the numbers were taped to the Johnson is talkingabout another run for ma or, into ABC for a voter tracking project. SCENES buoyed by the strong Republican showing in the Council. ❑ g P � wall at 12:30 a.m. "I just did it because they offered me$25 to do it," Casey trudged over to the results,copied the num- state and the North Shore area. Salem.State College History Professor Joan Malo- said White. "I 'figured I would walk in, pick up the bers for governor, U.S. senator, congress and Ques- 11 ney has released her new book, Salem Normal numbers,then leave." tion 3,then honed in the information to ABC. Could Market and Tourism Chairman David Pelle- .. P School A Tradition f Excellence. coo1 - : ration oxceence. White arrived at City Hall at 8 p.m.,when the polls tier be readying a run for Ward 3 councilor?"It's a computer,too,"Casey lamented. "I have to The book,published by Tapestry Press,is the first' closed, with his friends Keith Pelletier, a recent Sa- call the numbers into a computer.I don't even get to Will that challenge push Ward 3 Councilor Vin- full history of the founding and early years of they lemHigh School graduate who has joined the Navy, talk to a lad " cent J. Furfaro into running for higher office?Fur- and y. Normal School,the predecessor of Salem State Col-' Fur- and Dan Kiricoples, a recent St. John's Prep grad- El faro never likes to turn down a challenge. city who plans to study engineering at the Univer- El lege. The owner of HMA Car Care Center on North Street sity h Lowell t next fall. is offering a$100 reward for return of huge Ameri- Mayor Neil J.Harrington may be caught in a tight It is available at the Salem State bookstore or the,. ^, What did the three friends think of election night can flag stolen Monday night. spot over the possible demolition of an old house on Alumni Office. at City Hall? g Y g Crombie Street. El "Boring,"said White. HMA owner Bob Andrews said the 20 foot by 30 The Salem School Committee held a moment of "I pictured a wicked lot of people and papers foot flag isworth$600. The Chestnut Street historical crowd wants to silence before its meeting Monday for Alexander .. flying,"said Kiricoples: Andrews said he believes the theft was the work Preserve it while a major downtown employer and Grabowski,a school employee who died last week. "Something like Wall Street,"added Pelletier. of pranksters. He said he sometimes leaves the flag good neighbor,Holyoke Insurance Co.,wants to tear Grabowski, a 30-year employee of the School De- it down for parking spaces. Although City Hall does buzz with excitement up on its pole overnight when the weather is good. partment,was supervisor of custodians and building during some election nights, this year only a few The apparent pranksters brought a barrel to scale This will be a test of the mayor's commitment to and grounds. .Jlpg puSMh, ry arjllt� CA � F G THE SALEM,MASS.,EVENING NEWS—SATURDAY,NOVEMBER 10,1990 LIVING ' • • Advancing years `companionable' for her Traininyour DEAR ABBY:A friend of mine DEAR ABBYday.(He doesn't like to stay in one g puppy sent this to me. He had torn it place very long, so he takes me from his church bulletin. He says from joint to joint.) After such d the author is unknown. Too bad, busy day, I'm really tired and Forget force, punishment or boring drills; because I'd like to give this con- glad to go to bed—with Ben Gay: temporary a big hug.Just sign me What a life. it's the good-tasting treats that get results ... P.S. The preacher came to cal; By the Associated Press Repeat this often and the pup will eventually GETTING THERE the other day. He said that at myage I should be thinking abou The fastest way to a dog's brain is through its develop the habit of coming to you whenever you OLD FOLKS ARE the hereafter.I told him I do—all stomach, and that's the route to take to train a say"here."Once that habit has been formed,you WORTHA FORTUNE ABIGAIL the time. No matter where I am Poppy. can phase out the treat and just pet the dog and Old folks are worth a fortune: BM —in the parlor, upstairs in the Behavioral scientists use food rewards to moti- say "good dog" when it obeys. Your praise will With silver in their hair, old in VAN BUREN kitchen or down in the basement vate all sorts of behavior in dogs and other ani- become the teward. g mals, according to an article in the current issue To teach a pup to sit, hold a food treat over.its their teeth, stones in their kid- As soon as I wake, Will Power — I ask myself, "Now, what am I of Sports Afield, yet among dog trainers the use head and move the treat back over the pup's body neys,lead in their feet and gas in helps me get out of bed.Then I go here after?" of food treats is often considered amateurish. until it falls back on its haunches in a sitting posi- their stomachs. to see John. Then Charley Horse tion to watch the hand that holds the food. Then comes along, and when he is here Most dogs are still trained by correction,force, I have become a lot more social say"sit"and feed the pup the tidbit. he takes a lot of my time and at- punishment and endless boring drills. with the passing of the years; DEAR ABBY: Would Yom You can teach a pup to "heel" while walking tendonlease do road travelers a favor. Nothing is more important to a dog than learn- with it on a leash. When it forges ahead or lags some might even call me a frivo- P. ing how to get food. Dogs learn quickest and re- behind,it feels the restraint of the leash and col- lous old gal. I'm seeing five gen- When he leaves, Arthur Ritis by printing this as an open letter member longest the actions that consistently pro- lar. As you walk, hold a tidbit beside your knee; tlemen every day. shows up and stays the rest of the to disc jockeys everywhere? duce food. when the pup comes alongside,let it have the re- If shown they can win food rewards for coming ward and say"heel." "Dear Disc Jockey: We apple to you every time you say "here," sitting when With repetition, the pup discovers that it feels WL 1 PlaismPIRRI 1 11PE11 ciate the information and enter- you say "sit," walking beside you when you say the•discomfort of the leash and collar when it CROSSWORD PUZZLE R N B O B L 1 K B N please t you provide,but please, heel," and lying down when you tell them to, forges ahead or lags behind,but can make a food R B F L B X A V B N Please tell us the city you ar`e pups are quick to learn the proper responses. treat appear if it walks at your side when you say ACROSS B B R R Y B broadcasting from. Station call They will repeat those responses without hesi- "heel." N R P O T A T B letters mean nothing to "A tation if you consistently provide the food reward Teach a pup to lie down on command by hold- 1. Buz 29. Oyster genus A N NUB LOT stranger in your area,so we dodE when they obey. ing a tidbit in your closed fist: Let the pup sniff 4. Russian river 31. Espionage A V A L RIA i R O know whether you are in front'of The secret is to first elicit the response you 8. Juan Carlos de agents « ' your fist. When it recognizes you are holding a A Y I N d ANN behind us. Borbon 32. Familydoctor D B want, th n give the response a name and reward treat, drop your fist to the floor, letting the pup B f a (� 1 T rids correctly. follow your han a , his -can be very i Hort nt comewhen yo THE SALEM,MASS.,EVENING NEWS—THURSDAY,NOVEMBER 8, 1990 11 SALEM Preservationists, firm feud over old downtown house Crombie Street home to be razed for parking lot A News staff report r ' SALEM—The Historical Com- mission and the Holyoke Mutual Insurance Co. are locked in a bat- _ , tle over an old house on Crombie Street which the company wants P Y to tear down for parking spaces and the commission wants to pre- serve. a The Historical Commission voted unanimously Wednesday night after a three-hour hearing t to recommend against granting a _ waiver of the delay ordinance for demolition, requested by Hol- 'We intend to press This is a a histori- yoke. The commission can only ahead to tear the c a l l y significant delay demolition of the house for house down.' building.' six months. The Salem Redevel- William J.Lundregan, Anne Farnham, opment Authority will make the Holyoke attorney I'ssex Institute , decision whether it can be torn down. Commission members and Hol- brel house are Historic Salem Lundregan denied charges The Holyoke Mutual Insurance Company and the city's Historical Commission disagree over the age and yoke representatives could agree Inc. and the Massachusetts His- from opponents that the com- significance of this old gambrel home on Crombie Street and neighbors say the company's plans to demolish the structure for parking lot will be one more damaging blow to this downtown residential torical Society. pany,which employes 200 people, p 9 9 9 on little about the house includ- was threatening to leave the city, street which is a National Register district. View is looking north toward Essex Street. Out of view at left is ing its age and its structural Anne Farnham, on behalf of if it didn't get its way. former Joe's Auto Laundry property at corner of Crombie and Norman streets. ter sore... Wurslrfe photo soundness. Commission members the Essex Institute, said the contended it was structurally fine house is a"historically significant He said the company could let Holyoke didn't have any immedi- already considered it. Slam said the demolition of the and maybe 220 years old while building" which is important to the building decay to a point ate plans to develop it. house would be a tragedy. P where city official would be Frank Montesi of 15 Crombie the company said it was 160 years preserve. She noted it was part of forced to tear it down. "We'd like to find out the com- St.said it is another case of a cor- "The neighborhood has been old,falling down and of no histori- the historic register. pany's strategic plans without poration "bowling over" a Salem under seige for the past 10 years. cal importance. He detailed the company's 140 any of the threats to leave the neighborhood. He said only four This neighborhood is being nickel Attorney William J. Lundre- homes will be left on the street Most of the neighbors on Crom- Year commitment to downtown city," said David Pelletier, a and dimed out of existence," gin, representing Holyoke, said which was once filled with homes Salem.He said the company looks Crombie Street resident. . Slam said. bie Street also opposed the demo- the company originally wanted to at nearby properties when they Stephanie Monti said Crom- lition of the house, which abuts turn the building into a confer- come up for sale if it abuts their Board of Appeal member Jane bie Street was the last residential Commission Chairwoman An- Joe's Auto Laundry, also owned ence center but it was in such property. Holyoke bought the Stirgwolt suggested that since the street downtown, according to nie C. Harris said tearing down by the insurance company. Hol- poor shape that rehabilitation house for$169,000 four years ago. company had no immediate plans the Historic Register. the house will only provide a few yoke is located across Norman costs were too high. for the lot that it lease the house parking spaces. She mentioned Street from Joe's Auto Laundry. Commission members and oth- until it works out plans. Board "I'm really frustrated about other city plans to increase park- this back door approach," she "We intend to press ahead to ars tried to determine whether members agreed that it was an said. ing nearby. She said the property Among the groups in favor of tear the house down," Lundregan the company had any more plans option Holyoke should consider. is listed under the Crombie preserving the single family gam- said. for the house lot. Lundregan said Lundregan said the company had Commission member Russell Street National Register District. B11! St. Vincent de Paul clothing drive at St. James Church Nov. 17, 18 SALEM — The St.Vincent de- Federal Street. Paul Society of St.James Parish Members of the parish will pack ' will conduct a clothing drive from the clothes and put them into a 9 a.m.to 4 p.m.Nov. 17 and 18. Anyone wishing to donate us- truck provided by the St.Vin- able clothing for the poor may cent de Paul Society for distribu- bring them to the schoolyard at tion to the poor of the Archdio- the rear of St.James Church on cese of Boston. THE EVENING NEWS SALEM EFSTRATIOS DEMETRIOU WILL be published on the Named to head Veteran's Day Holiday hospital services MONDAY for adolescents N O V iii 121 199 0 SALEM — Efstratios Deme- triou, M.D., M.P.H., was ap- pointed director of Adolescent • Services at North Shore Chil- dren's �j � �I ' A magna cum laude graduate of a!LW/L/I/U aJJI�'4ld`tilalO.fi the State University of New York, Just For Pets Superstore° has more pet products and food than you can eERTY TREE Demetriou also holds a masters imagine! Over 7,000 items including: supplies, toys,treats,clothing, tanks, MALL degree in public health from Bos- 12B ton university. cages, and grooming equipment. Demetriou served both his resi- INFORMAL CELEBRATION Plus over 150 tons of supermarket and premium brand food /� dency in pediatrics and a �/ fellowship in general ambulatory Saturday, November 10, 6-8 P.M. at huge savings!Just look at these Just For Pets Superstore° ns Pediatrics at New England Medi- Super SpeCIaIS! , Hawthorne Hotel JUSTFOaPus �� cal Center. He also held a SUPERSTORE R fellowship in adolescent medicine Salem, MA (Cash Bar) ; ONE _ _ ONE ONE MEN _ _ NOW NEW ONE ONE ONE@ NOON ONE _ at Children's Hospital in Boston. . . . . .. . . .. . . . .. . . .. . . . . .. . . .. . . . . . .. . NORTH SMO "" " " """ ' JUST FOR PETS SUPERSTORE` , CENTE GE Most recently,Demetriou was a — CENTER staff physician with the Adoles- cent Center at Boston City Hospi- • • • tal.He is an assistant clinical pro- fessor A pediatrics at the Boston Dr'ivethru University School of Medicine. De Demetet riou will continue to op- � FOR DOGS erate his private practice, Ado- leseent-Young Adult Health As- MIGHTY DOG(6 oz.size) PURINA DOG CHOW(40 lb. bag) 2 flavors:Beef and Gourmet soDees in Danvers. ' Su erS ecial SuperSp rice: Demetriou has written articles P P $1099 ' and abstracts and received grants Price: 1 59is- aek! Price: for the study of teen-age sexual- bunidnig ' (limit:50 cans $ (Supermarket pericus omer) 140(b. bag! ity, AIDS education for adoles- per customer) reg.price.v3+) (Supermarket reg.price cents and other clinical issues. ' =ssi lba.) ' He is certified by the NationalFOR CATS ' Borad of Medical Examiners andnow FANCY FEAST(3 oz.size) 9 LIVES CAT FOOD(6 oz.size) the American Board of Pediatrics 2 flavors:Tuna Supreme, Tuna and Sardine All in stock flavors and is a fellow of the American SuperSpecial SuperSpecial 1 Academy of Pediatrics and the Price:21 a Tian! Price:��� a Tian! Society of Adolescent Medicine. oval able. ' (limit:48 cans supermarket (limit:48 cans (Supermarket ' rag price 311) reg,price.31$1) Lper customer) per customer) Soccer dance - - - • - - - - - - - - - - - - -� Offer good through November it,1990 set for Saturday Eastern Bank has added a new two-lane drivedluu facilityto its SALEM — The Salem Youth 72 Loring Avenue office in Salem for your banking convenience. Soccer Association dance will be The drive-thin hours are: held at 8 p.m. Saturday, Nov. 10, Monday-Wednesday 8am-4pm at the Knights of Columbus Hall, Thursday 8am-7pm 94 Washington Square East.Tick- Friday 8am-6pm ® • • I may be purchased at Saturday 9am-noon ill Christie's Dry Cleaners on Jeffer- Stop by soon and experience the convenience of drive-thm 0 son Avenue or at the door. banking - Rte.1,Topstteld - (200SUPERSTORE of Fairgrounds)887-PETS 87- (508)687-PEE TS NICKEY C Eastern Ban_ k Rte.114,Peabody 72 Loring Avenue,Salem,MA 01901 Farmstanr!Supermarket) Everything A Pet Could Want. )531-PETS (508)745-6110 (508 For Lim— .,: p� Memlxr PDIC/DSA 5axiinitl4'a1y 12 THE SALEM,MASS.,EVENING NEWS—THURSDAY,NOVEMBER 8,1990 BEVERLY killed whale investigators believeFishing A News staffreport Conley was unsure how long the whale Finding the whale in this area at this She said the minke probably got Beach in Beverly Farms.Police received, BEVERLY — A young minke whale had been dead. She said the whale was time ofyear was not considered unusual. caught in the gear,was dragged down by a telephone call from a resident at shout,. that washed up on a beach near the Man- "not quite" an adult; although she could "We have had reports from fishermen it, and drowned. As mammals, whales 3:15 p.m Tuesday, and later notified the; chestier line probably died after becom- not precisely determine its age. that there are a number of whales in the must regularly come to the surface to Aquarium. ing entangled in fishing gear, a New En- Ipswich Bay area,"Conley said. breathe. Conley indicated that entanglements' The length of the whale determines its That, in fact, may have led to the "They don't have the stamina to carry has been a problem recently. Witim' gland Aquarium spokesman said Wednesday. age,Conley said. whale's death because the coastal areas a line for very long,"Edward said. about the past month, a whale died near A biologist from New England Aquar- ium, Greg Early, viewed the 18"440ot Minkes, a small species of baleen are where the gear, probably a net Edward said the Aquarium was becom. Cohasset after becoming entangled in male whale Wednesday, a day after it whale,tend to live in coastal areas.They weighted down to the bottom,would tend ing involved in sea animal management. fishing gear. was found. Early was uncertain what are considered the most common whale to be situated."So,they(minkes)tend to He said there was a difficulty because the The whale, which currently is lying on. type of gear the whale became entangled species in the Atlantic and are not as run into it more than other whales,"Con- economic livelihood of fishermen is in- the beach, will be removed. The Aquar in,Aquarium staffer Andrea Conley said. much at risk as others such as the endan- ley said. volved. aboiumut has been in touch with city officials; No line was found attached to the gered humpback and right whales. Full- As a smaller whale, the minke hada "A balance has to be struck there,"Ed- about a removal plan. whale, but its body showed a "typical grown minkes can reach a length of 30 greater likelihood of dying than a bigger ward said. "That's the procedure normally when. scarring pattern," Aquarium conserva- feet, according to "The Great Whale whale, which would drag around any The whale washed ashore in the cove whales come ashore and die," Cooley; tion assistant Rob Edward said. Book." gear. of a small private beach east of West said. y SMILIN49 JACK Hent savors winner s circle after proving doubters wrong , Endorsement of Weld leaves Beverly may A News staff report BEVERLY - James R. Henry said he never smelling like roses after Republican's triumph believed the naysayers. � When he decided to run as the Republican A News staff report 7 challenger in the Beverly state representative He's luckiest race eight or nine months ago, he was told, "no has o BEVERLY —Like the prover g BEV Bial cat, Mayor F. John Monahan body can beat Mrs.Alexander." once again landed squarely says Doherty But Tuesday night, Henry proved them wrong, , on his political feet. defeating incumbent Democrat Frances F. Alex- % BEVERLY — Alderman ander by a 528-vote margin and winning in all but Last week Monahan, the life- at large James F.X. Do- two of the city's 12 precincts. long Democrat and former Demo- herty, one of only three "I thought all along Mrs. Alexander was vul- cratic state representative from Silber delegates from Bev- "I Henry said,because le her recent votes Beverly,shook things up when he erly at the Democratic con- niraise taxes, and undercurrents which had lin- endorsed the Republican candi- vention, said last week he to date for governor, William F. was disappointed by Mayor gered from old votes such as a legislative pay Weld. Election night, "his candi- A F. John Monahan's decision raise. date" was golden and so, at least to endorse Weld. "I became acceptable to the voters," said the for now,is Monahan. 26-year-old Henry, who moved to Beverly 18 Wednesday, the mayor was be- But Doherty hedged his bet then, and today Mona- months ago. in asked about his own political He admits that questions raised during the future. Despite the rumors that han's decision looks good. campaign about his own resume and background he might be offered a job in Gov- "If Weld wins, he's the "have left doubts in some minds,"but he believes ernor-elect Weld's organization, only one standing there in voters wanted to hear about the issues. Monahan said he is unaware of the corner when the smoke "That negative campaign really backlashed," any offers and plans to stay in the clears,"Doherty predicted. he said..."Mrs. Alexander never really offered a Jean and James R. Henry have lots to smite job he has. Doherty had questioned if positive image of why she should be elected." about as they contemplate the GOP candi- "I didn't endorse Mr. Weld for such support was in the best A newcomer to the city who has never held date's upset victory. The Sol..Nero. political reasons," Monahan said, 'Right now, I'm a interests of the city, since if public office, the biggest criticism raised about when asked if he had any plans to Silber won,Monahan would Henry during the campaign involved the descre- mary, Henry slept late (until 9:30) the morning go to work in Weld's new adminis- candidate for re-eleC- have gone out of his way to pancies that existed on his resume and state after his election victory. He was answering the tration on Beacon Hill. "I have a tion to be mayor of alienate a new Democratic ethicsform. telephone at campaign headquarters early job,a challenging job and I enjoy , administration. Henry said those questions created a "degree Wednesday afternoon,and said he hoped to pay a it.,, the city of Beverly "It's nice Jack has been of doubt. But the bottom line is the voters de- call on Mayor F.John Monahan across the street F.John Monahan able to have breakfast with at City Hall. And Monahan said it is a job he , cided to give me a chance to see what I can do;' Today, Henry said he will get to work on his Plans to seek for a fifth time when the president(George Bush) he said. his current two-year term ex- and get his picture taken. transition into office. He plans to meet with Re- It's good for Jack Monahan, Asked if there were any other surprises in store Aires. "Right now, I'm a candi- for voters in terms of his much-scrutinized back- Publican legislators on Beacon Hill. date for re-election to be mayor of but not for the city of Bever- ground,Henry said he did not believe so."I think I want to start working with them and with the the city of Beverly,"he said. 'What lack did ly," Doherty said, since they would have found them and brought them (Govenor William F.) Weld team. I expect to be working with them closely," said Henry, who Monahan, who served on Bea- took guts , real Weld's candidacy was so clo- up if there were,"he said. went into Boston after his own victory party elec- con Hill as Beverly's state rep- , sely tied to support of Ques- Henry and his wife, Jean, decided to settle in tion night to hear the Democrats concede the gov- resentative for two terms, uts...That S typical g yfl tion 3, which if it.had been " Beverly when they moved to the Boston area ernorship to Weld.Henry said he had a chance to shocked some long-time support- of lack.' passed by the voters could from Washington, D.C. and are renting half of a speak to Lt.Governor-elect Paul Cellucci. ers last Wednesday when he en- Richard A.Mori, have meant major financial house on Haskell Street in Beverly Farms.Henry "I'll go into Boston (today) to talk about ideas dorsed the Republican Weld. Beverly Republican losses to the city. said they would like to buy a house here and raise with other Republican legislators. I want to be The next day, Monahan's en- But Doherty admitted a family. ready to go in January," Henry said, talking dorsement got him the chance to then that if Weld were to "It's a gorgeous community,"he said. about the upcoming deadlines to file legislation have a brief conversation with with a clean slate and without the win, Monahan would be one After a hectic campaign schedule that started and carry through his pledge to the voters to President George Bush at a GOP ties to the existing power strue- of the few mayors to en- almost immediately after the September pri- make changes on Beacon Hill. fund-raising breakfast to whichlure. "There is a mandate for dorse him. "I don't know. Republican leaders had invited Jack is one of the luckiest the mayor. change.Weld meant change.I be- political phenomenons.He's lieve he'll be very effective work- politically able to con- - ing with the legislature," Mona- stantly land on his feet,"Do- At Weld's victory party ban said. herty said. Monahan said he was one of two As for himself, "I enjoy being Put mayors in the state who endorsed mayor. I'm working very hard to • • • / ' Weld, as other North Shore may- bring change to the city,"he said. 1 ors were outspoken in their sup- While the state must now work at ernor's chair. It opens up a lot of port of unsuccessful Democratic downsizing government, Mona- opportunities," Mori suggested; nominee John R. Silber, even in ban said he has been doing that election night. • To Work For the primary campaign. on a local level, where he has Although the Republicans have Monahan spent election night been "met with resistance right unsuccessfully tried to woo Mona- at Weld's victory party in Boston on down from the department han in the past,Mori said there is and rumors began circulating heads to the school committee." room for talented people looking off • then that the new governor's ad- "It's, more challenging now to move up in the Republican Bushioministration might have a place than perhaps several years ago," party. for Beverly's mayor. Monahan he said, about being chief exec- "Jack is a very talented individ- was interviewed by a Boston tele- utive of a city during tough fiscal ual.Who knows what he'd want to" vision station election night. times. run for in the future? I certainly, When asked if this was the first think it's there for him," Mori time he had voted for a Republi- Monahan's endorsement of said. f Weld last week sent some of his can candidate, he acknowledged supporters into shock, said one he had indeed voted for Bush for political observer. "Maybe now No plans to switch ' president. he looks golden." Monahan said Wednesday hey ° Monahan said Wednesday that Those diehard Democrats who has no intention of changing par- no one in the Weld camp has ties. "I've identified very closely stand in the rain holding political , b� th talked to him about a job, and signs for Monahan during his with the moderate to conserva ya said his plans call for another campaigns, were many of the tion philosophy," he said. "The, campaign for re-election in the same people working hard for Democratic party has disenfran- $ ° fall of 1991. Democratic candidates,including chised many Democrats, not just, Monahan said his endorsement Silber, this fall. Monahan's own Jack Monahan." it of Weld fell in line with the senti- administrative assistant, Mori said believes Monahan's, ments of Beverly voters. In Bev- Maryann Giles, and others in his support of Weld will be helpful to, erly, 54.4 percent of the voters office, sported Silber-Claprood Beverly."Beverly has always got supported Weld, while 40.4 per- bumper stickers on their cars. ten the short end of the stick," he, • cent voted for Silber, 9,525 votes said. versus 7,067. 'Smart political move'- Monahan said his support will, "I agreed with the voters of Some political observers won- have a positive benefit for Bev-• Beverly on who truly represented dered if the Weld endorsement erly. "Communication will be fundamental structural change," was smart move for Monahan in very good between the governor's Meet the people(it ee,,envAutionaiwho con giueyou aprompt answer when you need mon%foryour Monahan said. "There was ap- the long-run,when he will have to office and the mayor's office in business:(From left)Lawrence M.Smith,President Poul R.Simms,Vice President andSemorLoan ihcer:6mce proximately a 55 to 41 percent go back to those traditional Dem- Beverly,"he promised. TAhem,Commercial Credit Manager DauidLawson,vice President,Ruth WDesmamis.Load Seruicing Manager difference. That's a substantial ocratic supporters for help. "What Jack did took guts, real andAnnE.Mul yAssistantvicePresident. I margin of victory and the largest Beverly attorney Richard A. guts for him to endorse with Weld, When you need money for your business,you need a prompt answer.And percentage difference of any city Mori, active in the Republican eight or nine points down in the; particularly, in these times of tight money,you need a bank that is willing to work in Massachusetts." party, said Monahan's endorse- polls. That's typical of Jacks"! with you.Alocal bank with local people who understand your business,whoment was a major coup for Weld. Mori said. 'In touch with the people' "It was a smart political move. Was he taking a gamble?Meier have the ability—and the authority—to give you an answer when you need it. eWe're in touch with the people Jack Monahan is one of the smart ban was asked. " r Call Beverly National Bank. of Beverly philosophically," Mo- people on the North Shore politi- "I've always been indepen For more than 188 years,we've been helping local people and businesses nahan said. cally,"Mori said.. dent," the mayor said. "I .call in our community to grow and prosper.With short-term loans. longer-term He said Weld will assume office "Now he has a friend in the gov- them the way I see them." credit.Government sponsored loan programs.Letters of credit.And overnight " cash investments. �T Church League sign ' When you do business with us,we make our decisions right here.And we sTHE EVENING NEWS g g 0 make them right away.If,for any reason,you're unable to reach any one of our BEVERLY—The Beverly Re- lending officers,you can always call our president at (508) 922-2100.Ask for seaso YMCA will hold its 44tH, WILL be published on the season of YMCA-Church Basket Larry Smith. i I� ball for high school boys starting; Veteran's Da Holiday in December. Games will be' ® Beverly National Bank Y Y played Sunday nights. to 9 Ara-; MONDAY tion will Nov.held from 7 to 9 p.m.r Monday, N 19, and Tuesday„ Your Independent Hometown Bank 254 ss at the Sterling Center ,- Your O V■ 12, 1990 254 ch or tY All players not anima `Main Office,Beverly'240 Cabot St-North Beverly Plaza'.63 Dodge St church or synagogue affilia1ed� South Hamilton 31 Railroad Ave.•ropefield 15 Main St.•(50119222100 team can la n one of the te9 An Equal Opportunity Lender•Member Federal Reserve System•Member FDIC organized by the YMCA. -'1�