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ESSEX STREET & NEW LIBERTY STREET - ZONING Peabody Essex Museum Expansion SPR 7/00 � Essex Street and New Liberty Street - i I r i Citp of 6aiem, 41a!oarbuzrw� n t6 r Manning JBoarb srp (One iMletn (green May 23, 2001 Deborah Burkinshaw City Clerk 93 Washington Street Salem, MA 01970 { RE: Planning Board's Recommendation Pertaining to Construction Start Time for the Peabody Essex Museum Project t Dear Ms. Burkinshaw: The Salem Planning Board was requested by the City Council to respond to the request of the Peabody Essex Museum Project to waive their construction start time to begin at 7:00 AM as opposed to 8:00 AM. Planning Board discussed this issue at their May17, 2000 meeting. At that meeting, the Board voted by a vote of five (5) in favor and none (0) opposed, to make the following recommendation: 1. It is the responsibility of the City Council to make any changes or waivers to the City Ordinances; the Planning Board does not have the authority to make any changes or amendments. 2. If the City Council makes any changes to the City Ordinances or grants a waiver, the Planning Board will make the proper administrative changes to the applicants decision. 3. If the City Council is going to allow a waiver for the Museum Project, then the Council will have to make waivers for all the other ongoing construction projects within the city. If this is the case, it is the recommendation of the Planning Board that the City Council permanently change the construction start time in the City's Ordinances. Please contact Denise Sullivan or Don Cefalo at the Salem Planning Department at extension 311 if you have any questions or if the Planning Board may be of further assistance. Sincerely, �!" pn (ADJOLO--C� it) �CV Walter B. Power, 116i?— Chairman One Salem Green, Salem, Massachusetts 01970 (978) 745-9595 ext. 311 Fax (978) 740-0404 \ 4 MEMORANDUM OF UNDERSTANDING City of Salem/Peabody Essex Museum September 15, 1997 This memorandum of understanding is made and entered into between the City of Salem through its Mayor and City Council and the Peabody Essex Museum and its Board of Trustees through the President of the Board and Director and Chief Executive Officer. Whereas, the Museum has a long and distinguished presence in the City and has provided and continues to provide vitally important services to the City, the region, and the public at large, Whereas the Museum's collections represent the art, culture, and history of Salem, the region, and nations throughout the world, thereby providing an essential cultural and educational resource to the City's children, citizens, and the public at large; Whereas further expansion of the Museum will serve as a catalyst for economic development in the City of Salem, further enhance Salem's growing tourism industry, and further enrich the City and region's cultural and educational assets; Now therefore, the parties enter the following understanding as to the contributions each will make in a spirit of true partnership and collaboration: I. The Peabody Essex Museum agrees to: 1) Carry out Phase II of its expansion/renovation project in Salem using Liberty Street and the Empire parking lot, in addition to the Museum's currently owned property, including the former Salem Armory Headhouse lot Phase II of the Museum's expansion project will consist of three components: new construction on Liberty Street and the Empire parking lot, renovation of the Museum's Liberty Street facilities, and improvements to the Salem Armory Headhouse lot The type and extent of work at each location will be determined solely by the Museum, subject to approval by applicable City and other licensing and permitting agencies, and contingent on funding and related factors. Phase II of the Museum's expansion. project will commence no later than 23 September 2002. t �b If for any reason the Museum does not proceed with the Phase II project and commence work by 23 September 2002/the Museum and the City will renegotiate the ownership of Liberty Street and the Empire parking lot. r In that event, the City will have the right to request the return of all or any portion of the property; if the City exercises that right, the Museum will convey the property requested and the City will return to the Museum any funds paid to the City of Salem for the Empire parking lot. 2) Maintain free, interior or exterior pedestrian pathway between Essex Street and Charter Street through Museum property or facilities on a line similar to that of present Liberty Street during Museum open hours until 23 September, .,2007, except such time as the Museum is preparing for or engaged in 7a(?�tj construction of facilities at this location. After 23 September, 2007, the City of Salem and the Museum will review the question and, without obligation on the Museum, may renew or renegotiate such access. f 3) ,Provide for an alternate, all-hours, exterior pedestrian walkway between ✓ -c/Essex Stfeet and Charter Street 4) Invest$20,000 a year for 5 years in a Business Improvement District dedicated to the enhancement of downtown Salem. --n uw 5) Continue to provide at least$65,000 annually in free services to the City of Salem, which include but are not limited to: a) Free general admission to the Museum for all children who reside in Salem and students enrolled in Salem education institutions b) At least one day a month of free admission to all Salem residents until the Museum expands its facilities at Liberty Street c) Education services and programs provided to Salem students. and dl Provide new services to the City by making use of INIuseum facilities available for special City of Salem events or activities, at cost or free, subject to Museum policies regarding facility use. e) After the Museum expands its Liberty Street facilities, all Salem residents will be provided with free general admission, contingent on item II.11 of this agreement. C6)) Purchase the 'Empire' parking lot from the City at a cost of$343,000, payments to be made over a ten Vear period in equal annual increments of $34,300 commencing upon the date of the first bond payment made by the City of Salem for its new Church Street parking structure. '1 Contribute$300,000 to the City of Salem to help construct a parking deck on Church Street, payments to be made over a twenty year period in the amount of$15,000 a year commencing upon the date of the first bond payment made by the City of Salem for its new Church Street parking structure. 8 Assure that the design for the Armory Headhouse lot will include an �- appropriate commemoration of Salem's Second Corps Cadets. II. In consideration for the above, the City of Salem agrees to: 1) Take all necessary steps to undertake and complete the sale of the Empire Parking lot to the Peabody Essex Museum prior to 1 January, 1998 and transfer clear and unencumbered title to the Empire Parking lot from the City of Salem to the Museum upon 45 days prior notice by the Museum. Until such time as the Museum requests transfer of title, and demonstrates need to use the parking lot for Phase 11 construction, the City of Salem will continue to operate and be liable for the Empire Parking lot. The Mayor of Salem will execute an appropriate deed transferring title, which deed shall be held in escrow by the Mayor until such time as the Peabody Essex Museum requests delivery of said deed. The Museum will have the option of accepting title with an incumberance if it so chooses, with an appropriate adjustment in the purchase price. 2) To diligently take all steps necessary to abandon Liberty Street in order to deed it to the Peabody Essex Museum prior to 1 January 1998.The Mayor of Salem will execute an appropriate deed transferring title, which deed shall be held in escrow by the Mayor until such time as the Peabody Essex Museum needs Liberty Street for Phase H expansion and requests delivery of said deed. Within 45 days of receipt of a request by the Museum to transfer title of Liberty Street to the Museum, the City will deliver the quitclaim deed to said Liberty Street to the Museum. Until the Street is deeded, and the deed delivered, to the Museum, the City will retain ownership, responsibility and liability for operation of Liberty Street 3) Dedicate the proceeds of the sale of the Empire Parking lot to help complete design and construction of a parking structure over the existing Church Street parking lot 4) Provide a comprehensive and expedited City approval and permitting process involving all relevant City permitting and licensing agencies to facilitate Phase 11 Museum expansion design and construction. 5) Agree that when the Museum concludes its analysis of options with respect to the building at 10 Liberty Street and the Armory Headhouse Faeade—a 3 process that requires the involvement of many concerned parties and a process that requires a determination of the role of these assets in Phase 11 expansion—the City will support the Museum's ultimate decisions. In addition to supporting the Museum at the local level, at the Museum's request, the City will participate in support of the Museums position in any approval, permitting, or review process that the Museum goes through with regard to the Phase H project at the state or federal level.The processes in which the City's support may be requested may include (but not necessarily be limited to) the Section 106 process under the National Historic Preservation Act and the Massachusetts Historical Commission and MEPA processes at the state level. 6) Waive any special requirement by the City of Salem to conduct environmental impact statements in excess of those required by the State of Massachusetts 7) Provide financial support equal to the Museum's investment necessary to establish a Business Improvement District for downtown Salem and assure that the Museum will have representation on the governing body of the BID. 8) Provide, by working with the parking authority, a special, reduced fee schedule for Museum patrons and staff parking in recognition of the Museum's financial participation in construction of the Church Street parking structure. 9) Waive all relevant fees for all building permit applications, including but not limited to plumbing, building, electrical., fire inspection, SRA, Planning Board, and other City agencies. 10)Provide infrastructure improvements to facilitate Phase H expansion, including but not limited to: a) Construction of an exterior, all hours pedestrian walkway between Liberty Street and Charter Street b) Removal of all trees, curbing, sidewalk, and lighting on Liberty Street. The timing of such removal will be coordinated with the Museum. c) The City will also remove parking meters, curbing, etc. from the Empire parking lot and assist in the removal and relocation of any City utility lines in Liberty Street. a 11)Provide annual financial support for two full-time Museum security positions when the Museum opens its newly expanded facilities to help support increased costs associated with the pedestrian walkway on former Liberty Street until 23 September, 2007, at which time the provision will be subject to renegotiations, as set forth in item L2 of this agreement In return, the Museum will provide free general admission for all Salem residents. Dated this day of September, 1997 City of Salem by its Mayor, duly authorized Neil J. Harrington, Mayor Pea y Essex Museum by the President of the Board of Trustees, Y John O. Parker, President of the Board of Trustees 4LonroeMDirector ex useu by the Director and Chief Executive Officer eeze and Chief Executive Officer Salem City Council, by its President, duly authorized by vote of the City Council r � Scott McLaughlin, President of Ci Council $ L EXHIBIT `A EXHIBIT "B" TO CONTRACT FOR THE SALE OF LAND FOR PRIVATE DEVELOPMENT This Exhibit is intended as a clarification of certain items contained in the MOU. The Museum and the City acknowledge that over two years have passed since the signing of the MOU and that in the spirit of cooperation in moving the project forward for the benefit of both the Museum and the City, and with a better understanding of the scope and schedule of its expansion plans, the Museum hereby agrees to the following clarifications to the MOU: 1. Add to the end of Paragraph I . 1) , the following: " . . .and be substantially completed subject to the above contingencies on or before December 31 , 2005. " 2 . Extend the date in Paragraph 1 . 2) from 1123 September, 2007" to "December 30, 2008" . 3 . Add to the end of Paragraph I . 4) the following: "It is acknowledged that the City has directed that payments by the Museum be made to the "Destination Salem" office. " 4 . Change the payment commencement date in Paragraphs I . 6) and I .7) from . . . "the date of the first bond payment made by the City of Salem for its new Church Street parking structure" to " . . . commencing upon the date sixty (60) days after the recording of the deed from the City to the Museum for the Empire Lot and Liberty Street Development Site. " Oa Oao G n 0 of t �Historc" ` - Vel l P. O. Box 865 incorporated Salem, Mass. (978) 745-0799-0799 MEMORANDUM Date: July 6, 2000 To: The Salem Planning Board The Salem Redevelopment Authority From: The Board of Directors,Historic Salem,Inc. Copies: Design Review Board of the Salem Redevelopment Authority Mayor of the City of Salem President of the Salem City Council Advisory Council on Historic Preservation United States Department of Housing and Urban Development Massachusetts Historical Commission Subject: Peabody Essex Museum Expansion Recommendations of the Board of Directors regarding the Design of the Museum Expansion Following presentations to the membership of Historic Salem, Inc. by the Peabody Essex Museum, the Board of Direc- tors of Historic Salem, Inc. discussed the proposed design for the expansion of the Peabody Essex Museum and voted unanimously to convey to the Peabody Essex Museum the following concerns and recommendations. These concerns and recommendations were originally presented to the museum on September 15, 1998, and then updated on October 13, 1999. The museum responded on February 23, 2000, (copy attached), but this response does not adequately ad- dress Historic Salem's concerns. Due to having arrived at an impasse with the museum, Historic Salem is therefore forwarding these concerns to you for your review and consideration. If you agree that the concerns and issues raised have merit,we encourage you to consider our proposed recommendations as solutions to the concerns. Historic Salem is available to consult with both the Planning Board and the SRA in order to negotiate equitable solutions to these outstanding and as yet unaddressed issues. It is Historic Salem's goal that the project move forward, as long as the long-term interests of the citizens of Salem are protected, and Salem's irreplaceable architecture is preserved. ------------------------------------------------ ---------- Concerns regarding the Design of the New Expansion It is understood that the architect has completed schematic design and is well into design development and also construction documents. We would therefore appreciate the Peabody Essex Museum and its architect responding to the following concerns,most of which were initially expressed in our Sept. 15, 1998, memorandum to the museum. 1. Main Entrance Concern: The scale of the main entrance still appears to overwhelm the pedestrian. It is not sympathetic to and does not relate to its context,which includes a number of historic buildings. Recommendation: The entrance opening, height, and facade should be designed and detailed so that it relates to the pedestrian. 4 O O 4 Continued on next page... 1 Memorandum to the Salem Planning Board and the Salem Redevelopment Authority July 6, 2000/Page 2 Historic Salem,Inc. Comments on Peabody Essex Museum Expansion Plans 2. Pedestrian Walk-Through The model and plans exhibited at the August 3rd, 1999, presentation show a straight line-of-sight view between the Essex Street entrance and a glass wall at the Charter Street end of the entrance corridor. Access to the Charter Street entrance is located at a right angle to this glass wall. While visible doors would be more in keeping with the Memorandum of Understanding's design intent to retain Liberty Street as a pedestrian walk-through, the windowed opening does establish a link between Essex and Charter Streets, and lessens our concern. 3. Gift Shop The inclusion of retail display windows at the first story along Essex Street is a welcome revision to the design, and this issue has ceased to be a concern. Well-lit and interesting gift shop windows, even when the museum is closed, will support and enhance the retail and pedestrian environment along Essex Street. 4. Gable Ends Concern: The gable ends that suggest tombstones still mimic an inappropriate form. Simply labeling them "treasure boxes"does not change the fact that they look like tombstones. Hopefully, the City of Salem and the Museum in particular can reduce the unfortunate emphasis Salem currently places on witches,ghouls,death, the supernatural, and Halloween. Construction of a building that was inspired by and resembles gravestones is a huge step in the wrong direction. Recommendation: The form of the wall that suggests a row of gable ends of buildings should more accurately reflect architectural(preferably Salem) roof forms. -0 5. Exterior Elevations Concern: The east facades of the new expansion appear to be solid walls with few or no features that establish a human scale. This is inappropriate in a downtown setting as was evidenced by Lafayette Place at Boston's Downtown Crossing. Mr. Safdie's dismissal of the lack of scale by saying one has to consider the structures an "abstract building form" simply does not respond to the question. A museum is an institution for people and should attract people. Correspondingly, the building that houses a museum should have a human scale that draws people; it should not simply stand as a built piece of abstract art,lacking any relationship to people. Recommendation: In general, the elevations of the new expansion should enhance the pedestrian environment of downtown Salem and reflect a pedestrian scale. Further development of the design of the facades should include features and detailing that breaks up the massing, attracts the interest of the pedestrian and establishes a human scale at the street level. Recommendation: The materials used on the new construction and their application should be appropriate to the surrounding area and should establish a human,pedestrian scale. Concern: The massing and the height of the elevation along Charter Street overwhelm the historic structures on Charter Street and overshadow the Burial Ground, the Samuel Pickman House, and the Salem Witch Trials Memorial. Recommendation: The design of the Charter Street facade should include treatments (such as setbacks and hip roofs) that will scale down the massing and the height of the facade on this street. 6. Compatibility with Salem Architecture [Note: This is a new issue as a result of the 8/3/99 presentation] Concern: The general design of the addition bears no relationship to the existing building, its neighbors, or to any Salem architecture. It appears to be a piece of architecture that could be located in any city. It evokes nothing of Salem, except that the tombstone ends of the galleries unfortunately serve to reinforce and perpetuate Salem's negative image as the"Witch City". Continued on next page... l Memorandum to the Salem Planning Board and the Salem Redevelopment Authority July 6, 2000/Page 3 Historic Salem, Inc. Comments on Peabodv Essex Museum Expansion Plans Recommendation: At least some elements of the exterior of the building should bear a relationship to Salem: Its architecture, its maritime history,its entrepreneurial traditions,or anything other than the witchcraft hysteria. O 4 O 4 ---------------------------------------------------------------- Concerns regarding the John Kinsman House(c. 1841)at 10 Liberty Street,the Gilbert Chadwick House(1801- 1805)at 42 Charter Street, and the Summer School Biological Laboratory(1876)at the corner of Liberty and Charter Streets. During the 1998 presentation the museum stated that the Biological Laboratory will be moved to Brown Street, behind the properties of the former Essex Institute,and the Kinsman House and the Chadwick House will be moved to the east end of the Empire Lot, next to the building at 18 Hawthorne Boulevard, facing onto Charter Street. Historic Salem has only minor concerns, and they all relate to the Kinsman House and the Chadwick House. 1. Ensure Long Term Preservation of Buildings Concern: Long-term, permanent, preservation of the buildings, particularly if the Museum divests itself of them after their relocation. The museum's letter of September 17, 1998, stated that the museum would include "preservation restrictions on their future use." While interested in their uses, HSI is more concerned with the preservation of historic building fabric. Recommendation: Preservation restrictions regarding historic or significant interior and exterior building fabric should be incorporated into each property's deed when each is moved. 2. Adequate Lot Size& Siting (We recognize that the east property lines of the Empire lot property will to an extent dictate lot sizes and configurations. However, since new lot lines have apparently not yet been proposed, the issue remains a concern.) Concern: Adequate lot size to increase the buildings' attractiveness to quality prospective buyers, and historically appropriate siting to ensure compatibility with the neighborhood. Recommendation: Lot size should be large enough to include parking and sufficient attractive open space. The siting of the buildings should maintain their present orientation to the street, and their locations on their respective lots should be historically appropriate, similar to structures on Hawthorne Boulevard, even if variances from the Salem zoning ordinance must be obtained. Historic Salem would support the Museum's application for variances if such . were necessary to accomplish this recommendation. O O 4 4 3. Retention of All Significant Historic Fabric (The museum's September 17, 1998, reply stated that the museum's 'goal"was to move only the "core"structures, and to "recommission[them]in the most practical and responsible manner possible." While we recognize the impact of the Empire lot property lines, our original concerns on this issue remain.) Concern: That only a minimal part of each building will be moved, resulting in the loss of historically significant building fabric,and the diminishment of attractiveness and/or functional utility to prospective buyers. Recommendation: The portions of the structures to be relocated should include at a minimum the original buildings and all significant additions as determined by the Massachusetts Historical Commission. O O 4 -<� Concern: That relocation work will not be completed to the extent that 1) sensitive work is left to possibly an inexperienced or insensitive buyer, or 2) the amount of work required by the buyer to complete is of such an amount or complexity to discourage buyers. (This issue was not addressed in the museum's September 17, 1998, reply, or at the August 3, 1999, presentation, and remains a concern. It is unrelated to property lines.) Continued on next page... Memorandum to the Salem Planning Board and the Salem Redevelopment Authority July 6, 2000/Page 4 Historic Salem,Inc. Comments on Peabody Essex Museum Expansion Plans Recommendation: At a minimum, all relocation work shall be complete and permanent, including the moving of the buildings, complete new foundations (all existing, above-grade foundation materials shall be reused), setting the buildings in place and attaching them to the new foundations, installation of all underground utility lines, all rough site work, including removal of asphalt and installation of loam, and all work necessary to insure that the buildings are weather tight and secure. All work shall meet the Secretary of the Interior's Standards for the Treatment of Historic Properties. 4. Timing and Assurance of Adequate Funds in the Budget (This issue was not addressed in the museum's September 17, 1998, reply, or at the August 3, 1999,presentation, and remains a concern) Concern: That the relocation of the above historic buildings will be eliminated due to budget problems with the addition, or that, at the end of the project, budget problems will reduce the amount of work that can be done on the above historic buildings. Recommendation: We support the statement made at the 1998 presentation, that these buildings will be relocated on Charter Street, and their relocation will be carried out at the beginning of the project, mainly for logistical reasons. The Museum should make a commitment to complete all work to relocate the buildings and prepare them for continued use in the first phase of the project. O .0 O 4 ---------------------------------------------------------------- Concerns regarding open space,streetscape, and circulation (pedestrian & vehicular) design. The question of the retention of the Salem Armory headhouse is covered elsewhere in this letter, and the comments expressed below are merely responses to the design presented and the forum, and are not intended to imply acceptance of its removal. 1. Pedestrian and Vehicular Traffic (This issue has not been addressed and remains a concern.) Concern: Lack of definition among pedestrian/vehicular/mall traffic. The proposal to raise the portion of Essex Street in front of the Armory to the level of the sidewalk and pave it with brick seems to create confusion, especially to the visitor, as to what is street dedicated to vehicular traffic, and what is sidewalk, dedicated to pedestrian traffic. This confusion is only increased by the area's proximity to the adjacent Essex Street Pedestrian Mall. This confusion would likely result in an overabundance of signage attempting to control and direct vehicular and pedestrian traffic, and frustration and aggravation for the driver and pedestrian. In short, such confusion could result in a design and a space that simply doesn't work. Recommendation: Re-visit the concept. Better define and organize areas that cannot be used by competing interests (vehicles and pedestrians)at the same time. .0 4 O .0 2. Design of Granite Wall The museum's September 17, 1998, reply stated that the granite wall of the Witch Trials Memorial will not be duplicated along the walkway between Essex Street and Charter Street. Therefore this issue has ceased to be a concern. 3. Wall along walkway between Essex and Charter streets. The museum's September 17, 1998, response to this issue has eliminated our concern with the issue. O 4 O O Continued on next page... Memorandum to the Salem Planning Board and the Salem Redevelopment Authority July 6, 2000/Page 5 Historic Salem, Inc. Comments on Peabody Essex Museum Expansion Plans 4. Extension of the walkway across Charter Street,along the elderly housing parking lot,to the entrance to the Witch Trials Memorial. The model and plans exhibited at the August 3rd, 1999,presentation show the elimination of the extension of the walkway directly across Charter Street. Discussions with the museum's staff have indicated instead a straight- across crossing between the expansion's Charter Street entrance and the pedestrian end of Liberty Street. This change has eliminated our concern with this issue. O O 4 4 -- -------------------------- -------------------- Concerns regarding the Memorandum of Understanding, dated September 9, 1997. This Memorandum of Understanding was hastily proposed and executed, under threat of the Museum's relocation out of Salem, with little, if any, public input or discussion. Upon careful reading, the Preservation Committee has the following concerns and recommendations regarding the Memorandum of Understanding. Explanatory note: The Memorandum of Understanding is written in two parts. Part I of the MOU delineates those items the Peabody-Essex Museum agrees to do,and Part II delineates those items the City of Salem agrees to do. The following concerns correlate to that format. Concerns 1 and 2 refer to Part I of the MOU, those items that the Peabody-Essex Museum agrees to do, and concerns 3 through 6 refer to Part H of the MOU, those items that the City of Salem agrees to do. 1. Memorandum of Understanding(This issue has not been addressed and the concern remains.) "I. The Peabody Essex Museum agrees to: 2) Maintain free, interior or exterior pedestrian pathway between Essex Street and Charter Street through Museum property or facilities on a line similar to that of present Liberty Street during Museum open hours until 23 September, 2007, except such time as the Museum is preparing for or engaged in construction of facilities at this location. After 23 September, 2007, the City of Salem and the Museum will review the question and,without obligation on the Museum, may renew or re-negotiate such access." Concern: The "interior pedestrian pathway" should remain free always, not just until Sept. 23, 2007. As written, the interior pathway would be free for only five years after the anticipated construction start date. An assumed 1-1'/, year construction period would result in the pathway being free for only 3%,-4 years. Recommendation: Revise the Memorandum of Understanding to read as follows: "I. The Peabody Essex Museum agrees to: 2) Maintain free, interior pedestrian pathway between Essex Street and Charter Street through Museum property or facilities on a line similar to that of present Liberty Street during Museum open hours, except such time as the Museum is preparing for or engaged in construction of facilities at this location." Recommendation: When title to Liberty Street is transferred to the Museum, include an easement to the City that guarantees the above free, interior pedestrian pathway in perpetuity. A model for such an easement might be the interior easement the City holds on Museum Place. 2. Memorandum of Understanding(These issues have been partially addressed but some concerns remain.) "I. The Peabody Essex Museum agrees to: 3) Provide for an alternate,all-hours, exterior pedestrian walkway between Essex Street and Charter Street." Concern: The phrase "Provide for" is vague, and leaves open to question who will design, build, maintain, and be responsible and liable for the walkway. Update: The Museum is designing and has stated they will build (except that the "City may provide infrastructure improvements to the walkway, such as lighting") and maintain the walkway. (Salem Evening News, 5/20/99, page 139.) Continued on next page... Memorandum to the Salem Planning Board and the Salem Redevelopment Authority July 6, 2000/Page 6 Historic,Salem, Inc. Comments on Peabody Essex Museum Expansion Plans A new question, the definition of "infrastructure improvements", has been raised, and the question of responsibility and liability remains. In addition, the museum's stated intention to build and maintain the walkway should be documented. To have the City provide only the lighting lacks reasoning, and it is our recommendation that the Museum construct the complete walkway. Concern: There is nothing in the Memorandum of Understanding that addresses how long the exterior pathway will remain in existence. With no easement or legal documents, the Museum could at some point in the future conceivably eliminate the walkway and construct something else: a building,bus drop-off area,or parking lot. Recommendation:Revise the Memorandum of Understanding to read as follows: "I. The Peabody Essex Museum agrees to: 3) Design,develop,completely install,and maintain in perpetuity an alternate, all-hours,exterior pedestrian walkway between Essex Street and Charter Street." Recommendation: When title to the Empire Parking Lot is transferred to the Museum, include on the deed to the Empire Parking Lot, and have attached to the deed to the present Empire Building Lot, easements to the City that guarantee the above pathway in perpetuity, including its construction and maintenance by the Peabody Essex Museum. 4 4 -0- 3. 3. Memorandum of Understanding(These issues have not been addressed and the concerns remain.) "II. In consideration for the above, the City of Salem agrees to: 1) [Summary:] Sell the Empire lot to the Museum. Mayor of Salem to hold deed until Museum requests delivery. 2) [Summary:] Deed Liberty Street to the Museum. Mayor of Salem to hold deed until Museum requests delivery." Concern: The parcels could get transferred, construction could begin, and significant changes could be made to the parcels (expensive or impossible to reverse), then, due to presently unforeseen factors, (financial, organizational, policy, administrative),the project could be changed to something unanticipated by either the Museum or the City, or, in the worst case, abandoned. This has already happened once with this project: After partial and irreversible demolition of the Salem Armory headhouse, and after construction of alterations to the drill shed that would not otherwise have been approved, the Museum now desires to demolish the headhouse instead of reusing it as had been previously agreed. Recommendation: Every possible guarantee should be required to insure that the project will be completed as designed and approved,before the parcels are transferred. At a minimum, delivery to the Museum of deeds to the Empire lot and to Liberty Street should occur only after verification of adequate, irrevocable financing for all portions of the project,and verification of signed construction contracts for all portions of the project. O O O 4 4. Memorandum of Understanding(These issues have not been addressed and the concerns remain.) "II. In consideration for the above, the City of Salem agrees to: 4) Provide a comprehensive and expedited City approval and permitting process involving all relevant City permitting and licensing agencies to facilitate Phase 1I Museum expansion design and construction." Concern: That design review by the Design Review Board of the Salem Redevelopment Authority will be by-passed, pursued only in a perfunctory or rushed manner,or ignored. Update: Mr. Safdie stated that his office was well into construction documents. However, nothing has yet been presented to the SRA Design Review Board for even preliminary design review. Concern: The fact that the project is in the working drawing phase and no designs have been presented to the SRA Design Review Board is evidence that the Museum has no intention to subject all proposed work to normal and complete Design Review by the DRB. The concern is that a final design, ready for construction, will be presented Continued on next page... Memorandum to the Salem Planning Board and the Salem Redevelopment Authority July 6, 2000/Page 7 Historic Salem, Inc. Comments on Peabody Essex Museum Expansion Plans to the Design Review Board on an "it's-too-late-to-change-anything basis", and that the DRB will be pressured to accept what is presented at the final minute. Recommendation: The Museum should immediately present all proposed work to the Design Review Board for preliminary design review. 5. Memorandum of Understanding(This issue has been partially addressed but some concerns remain) "II. In consideration for the above, the City of Salem agrees to: 10) Provide infrastructure improvements to facilitate Phase II expansion,including but not limited to: a) Construction of an exterior,all hours pedestrian walkway between Liberty (sic) Street and Charter Street." (This is a direct quote from the MOU.) Clarification: At the April 7, 1999, public hearing on the closing of Liberty Street, Mr. John Serafini, Sr., stated that the reference in the MOU to"Liberty Street' is a mistake and that the walkway referred to above will occupy the site of the Empire Building, and will run between Essex (not Liberty) Street and Charter Street.) Update: The Museum is designing and has stated they will build (except that the "City may provide infrastructure improvements to the walkway, such as lighting") and maintain the walkway. (Salem Evening News, 5/20/99, page B9.) Concern: The Museum has stated that the City may be responsible for a portion of the walkway. The cost could be much more than the City is willing or able to afford. In general, agreements that require one party to build what another has designed,are not wise. (See also Concern#2, above.) Recommendation: This item should be eliminated from the Memorandum of Understanding and the Museum should be responsible for the construction of the walkway. 6. Memorandum of Understanding(This issue has not been addressed and the concern remains.) "ll. In consideration for the above, the City of Salem agrees to: 10) Provide infrastructure improvements to facilitate Phase II expansion, including but not limited to: b) Removal of all trees, curbing, sidewalk, and lighting on Liberty Street. The timing of such removal will be coordinated with the Museum. c) The City will also remove parking meters, curbing, etc. from the Empire parking lot and assist in the removal and relocation of any City utility lines in Liberty Street." Concern: That the above work will be done,then due to presently unforeseen factors, (financial, organizational,policy, administrative), the project could be changed to something unanticipated by either the Museum or the City, or, in the worst case, abandoned. The City would then be left with a destroyed street and destroyed parking lot. (See also Concern#3,above.) Recommendation: Every possible guarantee should be required to insure that the project will be completed as designed, before the above work begins. At a minimum, this work should commence only after verification of adequate, irrevocable financing for all portions of the project, and verification of signed construction contracts for all portions of the project. O O O 4 ---------------------------------------------------------------- Concerns regarding the site of the Salem Armory Headhouse (This issue has not been addressed and the concerns remain.) The design for redevelopment of the site of the Salem Armory Headhouse that was approved as part of the Section 106 Memorandum of Agreement accomplished several objectives that were important to the integrity of the National Register District. The retention of the Armory facade would have preserved a feature of the historic streetscape and it Continued on next page... Memorandum to the Salem Planning Board and the Salem Redevelopment Authority July 6, 2000/Page 8 Historic Salem, Inc. Comments on Peabody Essex Museum Expansion Plans would have preserved the line of buildings along the street. It would have perpetuated the historic development of the site by redeveloping a site that had been developed for almost two centuries and it would have memorialized the association of the Second Corps of Cadets with this site. The design as approved for redevelopment of the Headhouse site also was intended to encourage life at the street level on Essex Street and New Liberty Street, through a retail space at the first floor with large storefronts on New Liberty Street and a large glazed opening at the entry on Essex Street. The attractive pedestrian environment in the vicinity of Essex and Liberty Streets is one of the characteristic features of the historic district The streetscape,which consists of buildings, fences and storefronts that make up the streetscape and engage the eye, should be reinforced by the development of this site. Concern: The destruction of the urban fabric and streetscape in a downtown historic district by the elimination of the Salem Armory Headhouse facade, the removal of logical and organized circulation patterns, and the over-use of plants in an urban context. Concern: The destruction of all original materials contained in the Salem Armory Headhouse facade, and the substitution of modern"replication"features that can at best be poor substitutes for the originals. Recommendation: The design referenced in the MOA for the Armory site, which includes retention of the Salem Armory facade, satisfies all of the intended objectives (mentioned above), which were the outcome of the design review process. The design by the Peabody Essex Museum should accomplish the same objectives. Recommendation alternate: As the museum has refused to honor the Memorandum of Agreement for the Salem Armory Headhouse, the property should be returned to the City of Salem for redevelopment. Additionally, the museum should provide financial reimbursement to the City for the costs of their actions in demolishing the Salem Armory. O o END o 0 I �� 3c� � Y �; scx 1` � ,� cUM '1 ART ARCHI'If.C'I'URE CULI'URI February 23, 2000 TO the sl�.tr�t c,f hirecl�r5 and M�mb�rx of Historif Salem Incorporated: Thank you for your extended memo of last fall, reiterating your recommendations for the design of the Peabody Essex Museum expansion. The Museum staff and I are pleased that Historic Salem Incorporated recognizes the fact that we have responded to a number of previously expressed comments. "therefore, we will not comment on those areas about which you have noted lessened concerns such as the interior pedestrian concourse, gift shop, granite wall, etc. Over the past few months, the Museum and the design team have had extensive discussions and have given careful consideration to all the remaining issues. For clarity in this response, we have adopted the.same section headings used in HSI's October memo. We comment on HSI's recom- mendations in the order in which they were presented in that memo. Concerns re(yardincT the desl�n OIC the new expansion MAIN EN'T'RANCE We use the term "scale" as it is commonly employed in architecture, meaning the relationships among the parts of a building to the whole and the relationship of the building to the observer. We believe the scale of the entry fagade is consistent with entry fa}ades found in many public and even domestic buildings in Salem, as shown in the accompanying illustrations. 14 _ j t IN 71 6 Mry� 4 t k5 ` fY"i R 1 1 4 n Since absolute height is an essential element of scale, it is valuable to consider the height of sev- eral buildings in the immediate vicinity of the planned new. addition to the Museum. The peak of the new entry is 46.5 feet—four feet lower than the Phillips Library, one foot lower than the I ITABODY FSSF.X MUSF(INI Father Matlhew House, one fool higher than the MUSetln Office Center, 3.5 feet lower than Fast India Marine Hall, and four feet lower than 17.5 Essex Street. II is also obviously much lower than the Salem Housing Authority building at 27 Charter Street. of course, height alone does not define architectural scale. As noted above, the relationship of the parts of the entry fa4adc to the whole and the relationship of the observer to both must be taken into account. Many buildings use repeating elements, each of'-which may be easily related to human size, to provide a sense of scale to a structure. Fenestration, columns, or ornamentation applied to or integrated into a fagade have traditionally been used for this purpose. The transparenl new Museum Cully facade does not employ those U7- FF Fn, w�7­ tli i f i�4e rsrn. NW I�n �' „�1 1 it 111 _ 1 �l i � int ti:i.���"i �'} ,t i °„/� 7 ,' til l�,l'.i i ( �� �f '�� Ili r J. � I �� ✓ d IN Npy { � w methods to provide scale relative to the pedestrian observer. The standard-sized doors into the Museum provide reference for pedestrians. Other elements of scale are provided within the struc- ture itself in the form of complex lines of ribbing in the ceiling of the central pedestrian concourse. fenestration on the interior wall where the Gift Shop is located, the three-dimensional depth of the concourse itself', and the structure of the cent:d courtyard that will be visible from the entrance. These interior elements provide a sense of scale to pedestrians and serve to attract them to the building. They also serve to continue the "sense of the street," the transparency of' the fa4ade blurring the differentiation between inside and outside. These methods-of providing scale to the entry fapade relative to pedestrians are not found in nine- teenth-century Salem architecture. That does not mean that the scale of the facade does not relate to pedestrians. We believe that the transparency of the entry fa4ade is highly appropriate as a means of eliminating separation between the Museum and the strectscape and the surrounding - PEABODY ESSEX M1151-:t4U community. We also believe that the contemporary methods or providing scale relative to the pedestrian observer, as listed above, and the absolute height of the building likewise provide a sense of scale that is appropriate to the building and the surroundings. GABLE ENDS The gable ends of the new galleries take their forme hom elements of traditional Salent archucc- ture. Some historic tombstones also take their forms from architectural elements. The architectural inspiration for the design of the gallery gable ends was drawn from elements and forms that characterize the full richness of Salem architecture, and not from graveyard headstones or solcly from Federal brick mansions. (Sce illustrations.) To argue that the Museum wishes to promote "witches ghouls, death, the supernatural, and Halloween" 't i because some tombstones derive their forms farm ele- ments of traditional architecture that are employed in the design of the Museum expansion seems an argu- ment that is logically and historically erroneous. In addi- tion, although tombstones are irrelevant to the question ; ' of the expansion design. they arc not eelehr;unms of v witchcraft and sorcery, they are commemorative markers for those who have died. I.S!�� SI4. is �Sj•€{ 'ya2H.Y�ltf s� f`r +y'+kse a 1, MIUR r - 3 VF.ABODY ESSEX MUSI!Uier I \T1: R10R LLF VA V 10 N S ®r The Museum has made extensive effort~ to create a dynamic and pleasing set of fa4ades l'or the gallery portion of' new building. �i P d The gallery wing has been visually divided into .separate forms that break i Lip what would otherwise be it monolithic mass. These elevations are similar in height to fa4ades of many of Salem's historic' c housi and civic buildings, including East India Marine Hall, and lower than the 4 " fayade of the Father Matthew house and other buildings on Essex Sweet. Clearly, these galleries are in scale will) traditional Salem anchiteetune as well as with the mixed architectural environment in the _ Museum vicinity. B T, We must also keep in mind that the Museum is a civic building in a functioning downtown area The 7 scale of the Peabody Essex Museum is now and will p t� be entirely consistent with the scale of other civic — buildings In Salem, including City Hall. It will be fat less imposing than the Essex County courthouses on Federal Street and olher downtown buildings. Tb fuuher address this issue, the Museum has taken several steps to assure Thal rhe new huilding will he pleasing to pedesunans. A great deal of attention has been given to landscape design and its relalionshiP to the new Museum. The pedestrian parkway adjacent !• o the new Museum gallu'ies works integrally with the NQ gallery elevations. The pedestrian path is located at it rr} rr '�y' , _ , visually and Psychologically pleasing distance from the •v gallery fa4ades, and trees have been carefully chosen a> „ r� ' „i �,r �' and placed to provide a counterpoint to the fa4ades y° V ” 3wfz The Museum has also taken great care in the selection • rr:1 of materials for the gallery fa4ades. For example,.antixit exhaustive search was conducted to select brick and stone that possess rich color and texture. It is safe to say that these fa4ades will be the most thoroughly researched masonry construction in the history of IBM Salem. The design for the gallery facades also incur- � 6 t porates subtle horizontal stone handing, incorporated into the brick in two-foot incncmcnts This provides human scale to the structure in the puception of pedcshians. The design also lCalnies o ; g „ e i �I vcd li Ohl well~ that further enrich the detail of the gallery fa4ades. 4 PEABODY ESSEX MUS111\1 The stone banding in the brick fa4ades provide scale relative to pedestrians and will further dimin- ish the apparent height. The glazed light wells between galleries will also affect perception of scale. Thus, the absolute height, the selection of materials, the relationship of landscape design to the fa4ades, the banding in the fa4ades, and the light wells all act to make the fa4ades pleasing rather than intimidating. -R-r=. _ 7^ ; All of the elements mentioned above produce a building that is clearly rU t� f`i � ;w fi r�JJJ { n ; contemporary—which is the Museum's intent—yet equally clearly refer y� ences traditional Salem architectural styles in both forms and m uuials. t� +huff r The building will puuvidc an enjoyable expel icuce for pedestri ins and, : x fur from intimidating them, will serve as a source of visual pleasure. Historic Salem Inc. has suggested that other architectural elements or details be added to the gallery fa4ades to make them mimic traditional Salem architecture or further address concerns regarding scale. The Museum and Moshe Safdie have explored this idea and developed some sketches of such an application. We have concluded that this approach does not work for the gallery facades. It makes them entirely too "busy." We are considering some options for embel- lishment of the fa4ades lacing Essex Street and Charter Street. The recommendation that the Charter Street fa4ade should include setbacks and hip roofs to "scale down" its relationship to the Pickman House is not viable for several reasons. These spaces serve exhibition and public program functions that would be seriously compromised if setbacks and hip roofs were employed. Furthermore, this strategy would create incoherent architecture without rcla- k? tion to file design of rile rest of the Museum, which is intentionally scaled appropriately liir an k a' impurtant eulwral institution. As a First period dwelling in a downtown arca, the Pickman House has 8. long existed in an environment of taller structures. In considering the immediate architectural con- text, one finds the Pickman House is overshadowed by a modern twelve-story apartment block less than a block away at 27 Charter Street. In fact, the addition of a build zr 16' — a ing of intermediate height in the immediate vicinity of tilt Pickman House and the adjacent twelve-story high-rise '��� tf� est=g d will provide a moic sympathetic urban environment than n' } a � ' exists at present w e i 7q6 5 PEABODY l!SSES NIHS1,11M C0N'IPAI'IBILI'l Y NVITI-I S A L L M ARCHITFCTURL; Many of Historic Salem Inc.'s concerns with the design of the Museum expansion center on aes- thetic and design preferences. Salem's built environment contains a rich palette of architectural expressions, reflecting it wide range of historical and stylistic references, as evidenced by the illus- trations in this response. The new Museum expansion, as we have shown, draws heavily on cle- ments of Salem architecture. It does not, however, try to mimic Federal or other traditional archi- tectural styles. A great deal of attention has been given to scale, materials, the relationship of the new expansion to pedestrians, and the quality of the urban environment in downtown Salem. We believe that the expansion design is entirely compatible with Salem architecture and that it will add a rich new dimension to Salem's alrcady complex mix of architectural forms. 1 M 1 „ P Conccrns rc,-,ardhio Kinsman and Chadwick 11OLISCS At our previous presentations to HSI we stated that it would be impossible to construct the planned new addition to 111c Museum without rcuurving the huildingv al 10 L.ibcrly Slrerl and (.'- Charter Street. The Museum has made a commitment to relocate, rather than demolish, these ,Iwo buildings, which are by no means the most historically or aesthetically important examples of Salem's traditional residential architecture. The Museum will be spending a great deal of money in order to preserve these structures. These funds will not he recouped through the sale or lease of these properties, which, if sold, would have preservation deed restrictions placed on them, similar to those placed on the.fonner Boys and Girls Club building, a Bulfinch design, which the museum sold in 1997. In re-siting the Kinsman and Chadwick houses, the Museum will comply with existing zoning requirements. 1 VA 7 K VA MI am - -r « � •-0.0 t" lit 'r IJII LII II U: PFABOM' FSSP.S MUS1=(IM Concerns regardinb Ogen space, SU-eetscape, and CII-Ctllatioll PEDESTRIAN .AND VL' 1-11CULAR 'I K.VPFIC We are continuing to refine the design for this area and will take HSI's comments into full consideration. COnCel-FIS With the Memorandum of Understanding dated Sept 9, 1 .?t? 7 The Memorandum of Understanding between the Museum and the city of Salem resulted from several months of discussion among the Mayor, the City Planner, representatives of the Museum. the City.Council President and the City Solicitor The suggestion that the City might transter title to Liberty Street and the Empire parking lot came from the City, not from the Museum. The City prepared the first draft, and the final document was reviewed by the City Council, advised by the City Solicitor. The City Council voted unanimously to authorize execution of the MOU by the Mayor. The MOU is a City document approved by the �\ d appropriate authority. Nevertheless, we will Nictly corn- e^ ment on HSI's concerns about the following aspects of the MOU. PEDESTRIAN CONCOURSE(INTERIOR) The Memorandum of Understanding calls for review (not I r r r�rlra� discontinuance) of the interior pedestrian concourse in the year 2007 in recognition of the fact that bosh the Museum and the City of Salem would wish to review the effects, positive and negative, of this pathway bCIOIC syr making any longer term Cotnmilmenl5. The Museum has proposed that an independent coasullant, jointly selected r r by the City and the Museum, carry out a study of the success of the pathway and provide findings to both par- �r ` t�v tr ties, and that public hearings be held before making any r determination on continualion, modification, m cessation of the concourse. The Museum cannot responsibly make a commitment in perpetuity to an interior pathway absent concrete experience. Likewise, the City recognized that requiring such a commitment—and its attendant responsibility to help fund added security at the Museum—might not be in its ,z Y. best interest, pending a determination of ben- r cfirs and liabilities baWdOu expetiencc 'thus, r; 7 the Museum cannot support a commitment in perpetuity to an interior pedestrian pathway, though it is our hope that the concourse will prove successful and beneficial to both the a_ ! IIICCC Museum and the City. 7 I'P.ABODY ESSEX MUsllliAI PEDESTRIAN ESPLANADE(EXTERIOR) 4 . Yr Jar' S The Museum has already committed to t r( r: It , r I i�ti;y designing, building, and maintaining the ar all hours exterior pedestrian walkway.,The City has committed to providing some of „'i� the infrastructure improvements required 1_v}"• `v]� j/�' //j��� ` �{r� for this walkway. The Museum and the is ; tV44< l lr City have not yet foimaHy determined n „/t` what these inti tstructuic nnpiovemenls r �� I,.�� ( t� 1 ,� A a R„ Fy t o will be. The Museum has communicated (f f !/( ay s its intent to maintain a pedestrian walkway "We along this esplanade park. TITLEIRANSFER124 � � a 1 s The Museum and the City mutually agreed ' mgYA l`�'Psi to the terms of the Memorandum of Understanding in recognition that the _ r Museum must successfully complete fund raising for the project The Armory headhOnse was destroyed by in arsonist. After the Armory shell had stood derelict and lifcicss for a number of years, the Museum took a leadership role in developing a viable plan for its use. This plan included the creation of the National Park Service Visitor Center. The Museum expended $1 .4 million above and beyond the funds it received from the National Park Service to renovate the Armory drillshcd lu make it a vital part of dowuWwn Salem. 'I'lie issrui,�n that the drillshcd project would not have been approved if the MnSCUnI',s plans for the hcadhousc had included anything other than an office building and gift shop is simply conjecture. The provisions within the MOU of September 1997 provide adequate protections to the City. The Museum has a variety of compelling legal and other obligations to complete the expansion project. PERMITTING PROCESS Salem has one of the most thoroughly articulated permitting processes in Massachusetts. FISI has expressed concern that the permitting process will not include design review by the Design Review Board of the Salem Redevelopment Authority. The Museum's expansion project will adhere to all aspects of this process, including Planning Board site plan review and design review by the Salem Redevelopment Authority. The expedited permitting process is simply an assurance that the City will carry out all permitting reviews in a timely manner, providing for ample public input and consideration. PROJECT COMPLETION HSI expressed concern that due to unforeseen factors the project could be changed or aban- doned, leaving the City with "a destroyed street and destroyed parking lot." The Museum and the City agreed, during MOU negotiations, that infrastructure work on Liberty Street and the Empire parking lot would only begin when the Museum has completed the permitting process. contracted for construction of the building, and developed and presented a construction sched- ule. The provisions provide ample protection to the City. rr.Annry r.s.cnx %11151 ;M . Concerns 1CL'ardino the site of tile. Salem Armory headhousC We wish to have it clear)Y understood that the 0 1 rr ��31 i : - PeabodY EssexMuseum Cooperative, and the at i k Museum, have acted in good faith with respect { to the development of the Armory property Sub- sequent to the 1982 fire. You will recall that I Aft there were no other patties at that time willing to � 1". step forward to commit the leadership, time, and ' bw resources for the rehabilitation of the property. The state had decided not to rebuild a function- ing armory on the site. Two separate Requests for Proposals were issued. In the end, the _ l Museum Cooperative was the only party willing- and illingand qualified to take responsibility for the project. yip; The Museums respunsihle leadership with respect to the Armory �t property is a matter of public record and fact. In keeping with its ongoing commitment in this area, the Museum is now engaged ill �sa I � a process of complete and open consultation with the original Sig- ----- natorics of the 1992 Armory agreement for the purpose of Chang- ing the document. Because of significantly changed conditions, the Museum proposes not to con' struct an office building, but instead to create a commemorative park at the site honoring the M Second Corps Cadets and veterans. Historic Salem Inc. is entitled to argue that an office building, which would al best save a Icw score people, is a better and higher use for this site than is a park That would hencfit hundreds of thousands of people and commemorate veterans. We believe that Armory Park amply satisfies the original intent to use the site in a manner which yields compelling public benefit. We believe that the proposed Armory Park fulfills this intent, and is a better and higher use for the head- house site than an office building. We trust that I-ISI respects the prerogative of the original sig- r • � F ' � L natories to amend, change, or update the original agreement �^ ry�t't �� �P*_ as required. We also trust that HSI supports the lair and open consultation proccsS that the Museum seeks, and we antici- pate that I-ISI members will be thoughtful parlicipants in the me _ proceedings. We fail to see how FISI's petition to state and federal agencies to rescind title to the headhOUSe site (see T. Clarke letter of 10-25-99 attached) is consistent with the best interests of the comilm nity, since it can only result in continuing uncertainty for the site and the economic health of the downtown. Moreover, it is highly unlikely that such an action will result in the preservation of the fa4ade, since any new developer (or the state) would be unlikely to agice to the cost ,premium lot- its orits continued maintenance, remediation. and/or reuse. ----- nr;suuuv esst t mnisetInt WITH RESPECT TO PARTICULAR POINTS ABOUT THE ARMORY RAISED IN YOUR LETTER The assertion that the Armory fayadc preserves "tile historic streetscapc and. the line ofbUildill"S 00 along the street" overlooks cer(ain facts. The for I mer Armory headhouse, built in 1908, was located :tet fifteen feet in front of the line of historic bUildim,s along the north side of Essex Street comprised of vrI %,v��l Hal 1 1857), Daland House Pluninici 1852), and the Gardner-Pingice House ( 1805), and theg t Peabody House at 136 Essex which it re placed [11 fact, the Armory fa4adc itself violated the integrity i. N1. Of the historic sticckcape when the Armory licad- house was Constructed. Its design maximized cov- Z. - erage of the building lot in disregard of the exist- in(, setbacks. Again, we believe that greater public benefit will be rCali/Cd 110111 a beautifully desi.gned park and iA! civic space that a1)1)lopliatcly honors and nicnioriX y'�� Ts Cadets and Essex Count alizes tile Second Cur y VCtClalls than would result from an office building N i itzll Ali" I A tM on this site. An office, or any other, building would A� J I v be accessible to and serve a relatively Small number Of people; Armory y Pat k will be used by and will AlllT dilcC(ly till (d salcill's residents :111d him ii: - dreds of thousands of visitors each year. The condition of the Armory fa4ade is materially relevant to the feasibility of finUre reuse. Certified engineers employed by the museum and also by the City have independently.-concluded that the fa4ade cannot remain without substantial and costly work. Specifically, the condition of the materials and the use of substandard materials in the original construction would require coill- plete dismantling of the faqade, replacement of cornponenix, re-erection, and extensive bracing. Whether the layadc were left as a 11cestandiw, element or incorporated into a building. this work would cost well ovej,one million dollars. If, as Historic Salem Inc. hassuggested. the hCadhOLISC site were made available for private development by another party, the likelihood that the fat;adc would be retained is extremely low due to the cost of retention. If it party could be found who was willing to bear the Cos( of retaining the fzujadc, engineering analyses reveal that the bracing required to maintain the fa4adc as a freestanding element would preclude or dramatically limit any other reasonable use of the site. If the fa4acle were retained as a freestanding element, it Would always be all attractive nuisance that would_due to liability con- cerns, require fencing and enclosure. The Muscum believes That Aimmy Palk is a heifer and higher use for the hCadhOLlSe Site 111;111 retention of the lin;adc or Construction of an office building. A surplus of office and retail space already exists in downtown Salem. Armory Pink, on the other hand, provides several very posilivc benefits to the City's residents and to hundreds of thousands of visitors. in PLAROM' ESSFX NjllSFAi\j In addition to its meaningful Pole as a menuxial to the r'egion's pat iots and veterans, Armory Park will provide a major iniprovement to pedestrian circulation in downtown Salem. It will facilitate arrival and orientation of visitors to the City. It will create, in conjunction with the exterior pcdes- trian pathway, a compelling and beautiful link to the Witch Trial Memorial, Derby Street, and the waterfront. An office building at this site would only perpetuate a confusing circulation pattern in downtown Salem. 1 fgr ti i ar 713t` i c�'�'�f vY x ,r �.)� IY t ���S x Ahl t•^ � ,, ,4} !'�^.�7 rj��x� ��i '!��( `.'f 9r�v� YY�' {�; /� a � °� I 1i r �i •� .a �+tY� � �, bF%/ Q+ n r � �' 1 b� h{ ��• \\ a rx '.• W x� <� - �t �J �' f 1x1,1 " � Jv' 41:h�r ti•1'Td r? 1V I tr �i {pi." tl f�N 9S J..y! !IJ �Mk� / '1"r � ' � Y�J�. +� \ 40 s� rl4 tt rte'• r s x �� E 'h � • r '1I' . $ � �'nr,� �x, if 1. ""k I � , .'i: ��`I �� I .Sjl i �'"� •''— rq �:a-^tc"•*.:J' .� t!`j 1.T g M fTfR` �' '.S.W laL,• LLGY!IC I ..w � i^ 5 I^iXr� y q]I '' �^Y� •i�wisi'yYx"i'xa,•�5 �. 1 ' '� v. I•'x �' i J y� Trees and plants are an integral part of Salem's historic fabric. The City adds plants to the down- town each Summer in recognition Of this, and because frees and plants provide relief from the built environment. We do not understand how Armory Park, with its tasteful use of trees and plants, constitutes an "overuse" of these highly valued elements of the urban environment, espe- cially given HSI's oft-stated COncer'nS about "pCdesf tan scale." In sum, Armory Park provides a greater benefit to the people of Salem and to visitors than an office building on the same site would ever have provided. It is an immeasurably superior menio- rial to the Second Corps Cadets than an office building would be. 11 is a great enhancement to the urban environment in downtown Salem. The Museum has taken care to inform the public—and Historic Salem Inc. in particular—about its plans for expansion during numCrouS public fUl'nmS hunted Since 1996. See the afached list. As the design phase has proceeded, there have been multiple meetings between Museum staff and representatives of HSI for discussions of the expansion. "There have been two meetings held exclusively for the [till membership of Historic Salem Incorporated, including that of August 3, 1999 at which Moshe Safdic spoke about the building design and answered questions from the audience. H:.Am7UY FSSF.X NIUSP.Ii.\I , p I sa f' G, L'1'Y• k I, J �.��YY••N (r «,or's � NO C,ts• i�°n,1,;��� p e�`K���� rl�,¢r itylf,. t r ;,. f� .�' � � t r• t ',iJ'c� �.h< `h�,F.rf.-.•'';�..� —,`�.,,.�,_�"" �: '� � 1111 i+ '`fir t.�U'.pp+ i. • i tf f` , y ,tn I ,Z . l cv r•3 a i', .D� .0 c asI'r .& n '��ial It h � ' I o� I p •+Gt� +, its 11 w� l _ ;}. I_ t .r�11r�•r 7 t,. �/1 I,�T��' !nl• • SirL� As we stand poised to begin the permitting process, we wish to express our appreciation tier Historic Salem Inc.'s many suggestions. Several of those suggestions have been incorporated in the design of the expmnsion. All have been given serious consideration. We sincerely hope and expect that the Executive Committee of Historic Salem Inc. will share this response with the membership, as is filling given the importance of the iSSUCS :Ind dialogue between LIS. Wilh my very best wishes, Sincerely, / AA, Dan L. Monroe, Executive Director v<: Jodi..D.ruder 1 aadmn.liu: 'd of T*.... Rnh.n Curren.Srlcm RulnvJop r i rl At Ihnrrnp bLrynt Smnl I. Usm J¢Ir K in f nrrc� Prrdidr nr. S•dmn Cu} Couneih Judith H-p9e Uonuugh.A7 i':aehuseux llm 'cal Commission:Janm,e Barnes.U -Ucpa i neat or Housing and Urhnn Dcoelopnu nl. Iloslon.John M. Powlm Advi-anry Cnancil on[list."" I'rescrvan...Slcvcn Kcso-Itna .Nalional Park Scn'icc.S:dan:Manic Runt. National P:ok 3crvicc.,l'lii l:ulclphix o i0act 0 GV41S IC" �ul�m P. O. Box 865 Salem, Mass. 01970 incorporated (978) 745-0799 October 25, 1999 John Fowler, Executive Director Judith B. McDonough Advisory Council on I listoric Preservation. Massachusetts State Historic Preservation Officer Suite 809 Executive Director, Massachusetts Historical Commission 1100 Pennsylvania Avenue,N.W. Massachusetts Archives Building Washington, D.C. 20004 220 Morrissey Blvd. Boston, MA 02125-3314 - Marie Rust, Regional Director James Barnes, Director, Community Planning& Development National Park Service United State Department of Housing and Urban Development - Northeast Regional Office Room 535, O'Neil Federal Building t; 200 Chestnut Street, 5th Floor 10 Causeway Street PhiladclPhia, PA 19106 Boston, MA 02222-1092 Ike: Memorandum of Agreement The Salem Armory Salem, Massachusetts Dear Ladies and Gentlemen: The Peabody Essex Museum (PEM)appeared before the Salem Redevelopment Authority(SRA)on October 13, 1999 and requested that the SRA take the following actions: I. Acknowledge the withdrawal of the 1991 plans for the Headhouse site; 2. Endorse, in concept,the proposed Armory Square (the park that would replace the Headhouse); 3. Approve an amenchnent of the MOA and any other agreements between the SRA and the Museum,as necessary, to accommodate Armory Square. It is our understanding of the meeting that none of these requested actions were approved. Instead the SRA indicated that they are". . . open to amendment, but not anything specific". Historic Salem, Inc. (HSI) is opposed to the demolition of the Armory facade and we support the original terms of the MOA. At that meeting on October 13, 1999, HSI went on record as opposing the requests of the PEM to change the terms of the MOA and we herein formally notify you, as parties to this MOA, of our objection to the requested changes by the PEM.(under section III Amendment and Resolutions of Disputes). Given the amount of time that has passed without the PEM performing as promised and given the fact that the PEM's present proposal of demolition and open space is diametrically opposed to their originally accepted proposal or restored Armory facade and building,we request the PEM's designation as developer be withdrawn. We encourage a process by which a new developer would be designated to fulfill - the original intentions and terms of the MOA. It is impossible to review the terms of this agreement.and recount the discussion that occurred leading to this agreement and draw the conclusion that the Armory should be demolished to make way for open space. Please continue Historic Salem's Inc. designation as an interested party as per our address above. We would also appreciate the opportunity to appear before every meeting and hearing regarding this matter. _'Thank you for your consideration of our position. Sincerely, . Ilistoric Solcnr, Inc. Timothy F. Clarke Presidcm TFC/nun c: Salem Redevelopment Aurbority - - Ei#u of cttlEnt, C �I s�trli�tsE##s 3; p Manning 33uarb "°" ° (lane Salem (rruit Decision Site Plan Review Special Permit Peabody Essex Museum c/o Attorney Joseph Correnti_ Serafini, Serafini, and Darling 63 Federal Street Salem, MA 01970 RE: "Essex Block" On Thursday, November 7, 1996, the Planning Board of the City of Salem held a public hearing under Section 7-18, Site Plan Review Special Permit of the City of Salem Zoning Ordinance, regarding the application of the Peabody Essex Museum for a project known as the "Essex Block". The "Essex Block" encompasses the following properties: 132 Essex Street, The Plummer Hall and Daland House(formerly the Essex Institute), hereinafter known as the "Library";144 Essex Street, The Rogers Building, hereinafter known as the "Museum Office Center" or "MOC"; and 2 New Liberty Street, the former Salem Armory Drill Shed, basement storage. The Board has made a thorough study of and has given full consideration to, all documents, plans and other materials submitted by the Applicant and by members of the public; the reports and correspondence written or otherwise of the Building Inspector, the City Engineer and the Board of Health and all statements made and other materials presented at the public hearing, and finds that the application and plans as submitted comply with the requirements for the issuance of a Site Plan Review Special Permit. At its regularly scheduled meeting on December 5, 1996, the Board voted to close the public hearing and also voted by a vote of seven(7) in favor, one(1) opposed, to approve the application as complying with the requirements of a Special Permit, subject to the following conditions: 4 1. Conformance with Plans Work shall conform to set of plans containing twelve sheets entitled, "Peabody Essex Museum, Phase I Resign Development", prepared by Cecil & Rizvi, Inc., dated August 16, 1996, revised though December 6, 1996, or design amendments required by the Salem Redeveloprint Authority. 2. Amendments Any amendments to the Site Plan or Waiver of Conditions contained within shall require the approval of theCity Planner, and if deemed a significant change by the City Planner, shall require the approval of the Planning Board. 3. Utilities Utility installation mall be reviewed and approved by the Director of Public Services. 4. Board of Health Board of Health requirements shall be strictly adhered to. 5. Building Inspector All requirements of-the City of Salem Building Inspector shall be strictly adhered to. 6. Fire Department All requirements of the Salem Fire Department shall be strictly adhered to. 7. Lijzhtiniz Exterior lighting shall be installed and maintained in such a manner so as to not reflect or cause glare on abutting or facing residential premises, or which adversely effects safe vision of operator of vehicles moving on nearby streets. 8. Salem Redevelopment Authority The Applicant shall receive final design approval and comply with all applicable requirements of the Salem Redevelopment Authority. 9. Noise Level The Applicant shall make every effort to cause little or no increase in the ambient noise level. In any case, the maximum allowed increase to the ambient noise level at the nearest residences on both Essex Street and Brown Street, shall be 3dB(A). This level shall be confirmed by a noise test to be taken at the same locations as the first test, upon operation of the equipment during the first cooling season. 10. Sienaee All signage for the project shall be approved by the Design Review Board, Salem Redevelopment Authority and the City Planner. 11. Maintenance A. The Applicant shall employ an acceptable method or means for the holding and disposal of trash during site development, with a copy of this method sent to the Planning Department and the Health Department for their review and approval. B. Refuse removal, ground maintenance and snow removal shall be the responsibility of the applicant. 12. Construction Vehicles The Applicant shall submit a plan for the parking of construction vehicles during this project to the City Planner for his review and written approval. 13. Construction Practices All construction shall be performed in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules, regulations and ordinances of the City of Salem. 14. Violations Violations of any conditions contained herein may result in the revocation of this permit by the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed, or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or certificate of title. The fee for recording or registering shall be paid by the owner or applicant. I hereby certify that a copy of this decision is on file with the City Clerk and a copy is on file with the Planning Board. 6ke( 46 /� Walter B. Power, III �3� Chairman I ?XIPm housing Aut IIrit .caw gb 27 Charter Street o VE!_.' DOMINIC R.MARRAFFA,Chairman Salem, MA 01970-3699 � STEPHEN ZISSON,Vice Chairman ROBERT J.JALBERT,Second Vice Chairman Tel. (978) 744-4431 s'Pecr, ,N3''c i =�.� ,.' 11 WILLIAM J.FARRELL,Treasurer Fax(978) 744-9614 GARY STIRGWOLT,Asst.Treasurer TDD/Voice /i,( CAROL A. MACGOWN, Executive Director,Secretary r October 6, 2000 William B. Power, III, Chairman Salem Planning Board One Salem Green Salem, MA 01970 - Dear Mr. Power, This letter is to respectfully inform the Planning Board that the Board of Commissioners of the Salem Housing Authority is opposed to the plan of having Liberty Street moved to the location presented at your meeting on Sept. 21, 2000. That location would be dangerous to the elderly residents of 27 Charter St. The Board is also vehemently opposed to having the trees cut down and the sidewalk shortened, as presented at the meeting. Thank you for considering our opposition to this matter. Sincerely, (;arol A. MacGown Executive Director CAM/mjb United States Department of th`e Interior ED c NATIONAL PARK SERV71 1�t Salem Maritime National Historic Site Saugus Iron Works Nat2inalVListocic)Site,i 1 1 174 Derby Street i-a Salem,MA 01970 IN REPLY REFER TO: SALEINA September 27, 2000 Mr. Walter Power, Chairman Planning Board City of Salem City Hall Salem, Massachusetts 01970 Dear Mr. Power: We have considered the proposal to create a new street between Essex and Charter, where the Peabody Essex Museum currently proposes to put a landscaped pedestrian path. We concur with the Museum's conclusion that this idea would not significantly enhance vehicular traffic in the vicinity of the Visitor Center and might, in fact, increase confusion and pedestrian-vehicle conflicts. We believe the landscaped pathway will be an attractive addition to the visitor experience at this crossroads of Salem and will certainly add to visitors' ability to understand the layout of the Museum, which is an important consideration for a facility of that size and complexity. Sincerely, /StevenKesselman tendent � u r The SALER, Officers S S A C H U S E f?tl&—i"i Past Presidents Russell T. Vickers, ChairmanPARTNERSHIP`— L. :Thomas M. Leonard( 1987- 989 Meredith Reed, President ) Frederick J. Atkins,Vice President 6 Central Street William J.Tinti(1991-1993) Patrick Reffett, Vice President David W. Ives(1993-1996) Bruce P. Michaud,Clerk Salem, Massachusetts 01970 Sumner W.Jones(1996-1998) ' Peter H. Dinsmore,Treasurer (978)741-8100 Russell T.Vickers(1998-2000) Fax(978) 745-6131 Rosemary J. Powers, Executive Director EMail info@salempartnership.org Thomas M. Leonard, Chairman Emeritus Annie C. Harris, Senior Director William J.Tinti,Chairman Emeritus September 25, 2000 Walter Power, Chairman Salem Planning Board City of Salem 93 Washington Street Salem, MA 01970 Dear Chairman Power: We are writing to voice our support for the Peabody Essex Museum's proposed pedestrian pathway in front of the new Museum addition. The planned esplanade is designed to create an important new pedestrian amenity for the downtown. We believe, that combined with improved signage, the esplanade will provide a vitally important link between the Essex Street area and Derby Street and its businesses, and between the downtown and the waterfront. In combination with the Salem Main Street program, it should provide residents with another reason to shop, visit and dine downtown. It also provides important green space in the downtown district. Thank you for this opportunity to express our support for this important pedestrian improvement. Please do not hesitate to contact me with any questions or comments. Sincerely, Rosemary owers Executive Director 1 oxorr CITY OF SALEM, MASSACHUSETTS JDEPARTMENT OF PUBLIC SERVICES m }, 120 WASHINGTON ST. - 4TH FLOOR a C SALEM, MA 01970 STANLEY I. BORNSTEIN, P.E., P.L.S. DIRECTOR OF PUBLIC SERVICES / CITY ENGINEER STANLEY J. USOVICZ, JR. TEL. 978-745-9595 EXT. 321 MAYOR FAX 978-745-0349 Memorandum To: Denise Sullivan From: Joe Nerde6in, CC: Stan Bomilly Beaulieu Date: 5/29/02 Re: Essex Street Fire Hydrant&Museum Expansion This memo is to confirm our conversation yesterday during our field inspection of the new fire hydrant on Essex Street that Willy thought should be removed and reset by Turner Construction. As discussed with you and also during my conversation with Willy earlier in my office moving the hydrant to the back of the sidewalk is a bad idea for several reasons. Willy indicated that with the hydrant located at the outside edge yet still within the sidewalk, away from the back of curb, would be prone to getting hit by a vehicle. He wanted me to concur and have Turner Construction move the hydrant to the back of sidewalk near the existing building. Although it is presumable that an event/accident could occur, it is not an everyday occurrence and not something that is routinely planned for when locating hydrants on sidewalks. Sidewalk furniture, such as hydrants, mailboxes, parking meters and alike, are typically put at the edge of curb to facilitate smooth pedestrian traffic to shops, businesses and the general flow of traffic. Hydrants at the edge of sidewalks are more clearly visible to motorist, which indicate no parking zones. The Fire Department has easier access to hydrants away from the face of buildings. Furthermore, if car accidents by way of cars hitting a hydrant become more than a freak occurrence we can install protective bollards around the hydrant. To suggest that we should plan on vehicles jumping the curb, rather than appropriately layout street furniture, is not sound practice. In general, as I already told Willy, having Turner Construction remove an reset the new hydrant to the back of sidewalk is a bad idea. C:\WINDOWSWiofilesUNerdw\My ooame )Js slab ss st hydrant 052902.dw CITY OF SALEM9 MASSACHUSETTS s3R PUBLIC PROPERTY DEPARTMENT S, r 120 WASHINGTON STREET, 3RD-FLO6R,L 1 SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380• FAX (978) 740-9846 •,=1 �i: J:J STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR SALEM PLf\N;\IING 1 June 7, 2002 Attorney Nicholas J. Decoulos 249 Andover Street Peabody, Ma. 01960 Dear Mr. Decoulos: This letter is a response to your letter of May 23, 2002 regarding Mr. Kiernan and the Peabody Essex Museum. I visited the Museum Construction site and spoke with Bill Wright, Project Manger for Turner Construction. Mr. Wright assured me that his company has always maintained clear access to Mr. Kiernan's property. , Mr. Wright assured me that Turner Construction has worked diligently to keep clear access to Mr. Kiernan's property. Mr. Wright also added that occasion; a construction or delivery vehicle has blocked access on Essex Street. Turner Construction has always acted promptly to relocate these vehicles. Therefore, I feel that the Museum, through it's Contractor,Turner, has made a good faith effort to comply with the Planning Board's site plan conditions. Sincerely, _ Thomas St. Pierre Acting Building Commissioner j r s�fjl Cc: Mayors Office _. John Keenan, City Solicitor a D Joe Walsh, City Planner VT Joe15� Annotated Chart of Roles and Responsibilities As per the Memorandum of Understanding Between the City of Salem and the Peabody Essex Museum (9/15/97) Reference in Responsible Party Funds Dedicated/ Task MOU (Museum or City) (If of Service Time Frame Status (If Applicable) Commencement of the project I(1)(a) Museum September 23, 2002 Maintain access through the I(2) Museum Remain open until location of Liberty Street September 23, 2007 Provide an all hours pedestrian I(3) Museum In perpetuity walkway between Essex Street and Charter Street Business Improvement District I(4) Museum $20,000 For five years Free Services I(5) Museum $65,000 Annually Purchase the Empire Parking I(6) Museum $343,000 Payments made over ten Lot years, each $34,300 Construction of parking deck on I(7) Museum $300,000 Payments made over Church Street twenty years, each$15,000 Design of the Armory I(8) Museum Site plan currently Headhouse includes under review with commemoration of Salem's the PB/SRA Second Corps Cadets Sale of Empire parking lot II(1)(para. 1) City of Salem Prior to January 1, 1998 Council approved (City Council) Museum's proposal Transfer title to the Empire lot II(1)(para. 2) City of Salem Upon 45 days prior notice to the Museum (Mayor) by the Museum Abandonment of Liberty Street II(2) City of Salem Prior to January 1, 1998 Council abandoned (City Council) Transfer title of Liberty Street 11(2) City of Salem Upon 45 days prior notice to the Museum (Mayor) by the Museum Reference in Responsible Party Funds Dedicated/ Task MOU (Museum or City) Cost of Service Time Frame Status (If Applicable) Design and Construction of a II(3) City of Salem TBD by City in parking deck over the Church (Parking) excess of the Street parking lot. 300,000 provided by the Museum Construction of an exterior, all II(10)(a) City of Salem TBD by City hours pedestrian walkway (DPW) between Liberty Street and Charter Street Removal of all trees, curbing, II(10)(a) City of Salem TBD by City Needs to be coordinated sidewalk, and lighting on (DPW/Electrical) with the Museum Liberty Street Waive all permit fees II(9) City of Salem TBD by City PB/SRA fees waived, Building Permit has not yet been applied for Waive the completion of any II(6) City of Salem EIS has been EIS in excess of those required (Planning Board) waived by the by the State Planning Board Establish a Business II(7) City of Salem $100,000 Improvement District for (Mayor/Planning) downtown Salem Assure that the Museum will II(7) City of Salem have representation on the (Mayor/Planning) governing body of the BID Provide a reduced fee schedule II(8) City of Salem TBD by City in the Church Street lot for (Parking) Museum patrons and staff Remove parking meters, II(10)(c) City of Salem TBD by City curbing, etc. in the Empire Lot (Parking/DPW) Reference in Responsible Party Funds Dedicated/ Task MOU (Museum or City) Cost of Service Time Frame Status (If Applicable) Remove and relocate any City II(10)(c) Museum and City TBD by City and of Salem utility lines in Liberty of Salem (DPW) Museum Street Provide annual financial support II(11) City of Salem TBD by City Until September 23, 2007, for two full time Museum (Mayor) then it can be renegotiated security positions Free general admission to all II(11) Museum TBD by Museum Salem residents Support of the development of II(5) City of Salem City has continued 10 Liberty Street and the to support the Armory Headhouse facade at Museum the local and federal levels 4 y 'cuKDrte_ CITY OF SALEM 2. pct+tri IN CITY COUNCILSeptember 25, 1997 The Committee on on the Peabody-Essex Museum, to whom was referred the matter of the Museum expansion has considered said matter and would recommend: that the Museum Committee forward to the Chairman of the Board of Trustees of the Peabody Essex Museum, a copy of this report and a certified copy of the Committee ' s unanimous ( 11-0 ) roll call support of the consent to the Mayor and Council President ' s signing of the attached Memorandum of Understanding between the City of Salem and the Peabody Essex Museum regarding the Museums expansion in downtown Salem. And would further recommend that this matter be reported out and unanimously adopted by the City Council at the next regularly posted meeting. In City Council September 25, 1997 Adopted by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent A motion for immediate reconsideration in the hopes it would not prevail was denied ATTEST: DEBORAH E. BURKINSHAW CITY CLERK MEMORANDUM OF UNDERSTANDING City of Salem/Peabody Essex Museum September 15, 1997 This memorandum of understanding is made and entered into between the City of Salem through its Mayor and City Council and the Peabody Essex Museum and its Board of Trustees through the President of the Board and Director and Chief Executive Officer. Whereas, the Museum has a long and distinguished presence in the City and has provided and continues to provide vitally important services to the City, the region, and the public at large, Whereas the Museum's collections represent the art, culture, and history of Salem, the region, and nations throughout the world, thereby providing an essential cultural and educational resource to the City's children, citizens, and the public at large; Whereas further expansion of the Museum will serve as a catalyst for economic development in the City of Salem, further enhance Salem's growing tourism industry, and further enrich the City and region's cultural and educational assets; Now therefore, the parties enter the following understanding as to the contributions each will make in a spirit of true partnership and collaboration: L The Peabody Essex Museum agrees to: 1) Carry out Phase II of its expansion/renovation project in Salem using Liberty Street and the Empire parking lot, in addition to the Museum's currently owned property, including the former Salem Armory Headhouse lot Phase II of the Museum's expansion project will consist of three components: new construction on Liberty Street and the Empire parking lot, renovation of the Museum's Liberty Street facilities, and improvements to the Salem Armory Headhouse lot The type and extent of work at each location will be determined solely by the Museum, subject to approval by applicable City and other licensing and permitting agencies, and contingent on funding and related factors. Phase II of the Museum's expansion. project will commence no later than 23 September 2002. a) If for any reason the Museum does not proceed with the Phase II project and commence work by 23 September 2002, the Museum and the City ti ill renegotiate the ownership of Liberty Street and the Empire parking lot. In that event, the City will have the right to request the return of all or any portion of the property; if the City exercises that right, the Museum will convey the property requested and the City will return to the Museum any funds paid to the City of Salem for the Empire parking lot. 2) Maintain free, interior or exterior pedestrian pathway between Essex Street and Charter Street through Museum property or facilities on a line similar to that of present Liberty Street during Museum open hours until 23 September, 2007,_except such time-as the Museum is preparing for or engaged in construction of facilities at this location. After 23 September, 2007, the City of Salem and the Museum will review the question and, without obligation on the Museum, may renew or renegotiate such access. 3) Provide for an alternate, all-hours, exterior pedestrian walkway between Essex Street and Charter Street 4) Invest$20,000 a year for 5 years in a Business Improvement District dedicated to the enhancement of downtown Salem. 5) Continue to provide at least$65,000 annually in free services to the City of Salem, which include but are not limited to: a) Free general admission to the Museum for all children who reside in Salem and students enrolled in Salem education institutions b) At least one day a month of free admission to all Salem residents until the Museum expands its facilities at Liberty Street cl Education services and programs provided to Salem students. and d) Provide re%v services to the City by making use of Museum fat ilities available for special City of Salem events or activities, at cost or free, subject to Museum policies regarding facility use. e) After the Museum expands its Liberty Street facilities, all Salem residents will be provided with free general admission, contingent on item IL11 of this agreement. 6) Purchase the 'Empire' parking lot from the City at a cost of$343,000, payments to be made over a ten year period in equal annual increments of $34,300 commencing upon the date of the first bond payment made by the City of Salem for it- new Church Street parking structure. 2 7) Contribute$300,000 to the City of Salem to help construct a parking deck on Church Street, payments to be made over a twenty year period in the amount of$15,000 a year commencing upon the date of the first bond payment made by the City of Salem for its new Church Street parking structure. 8) Assure that the design for the Armory Headhouse lot will include an appropriate commemoration of Salem's Second Corps Cadets. II. In consideration for the above, the City of Salem agrees to: 1) Take all necessary steps to undertake and complete the sale of the Empire Parking lot to the Peabody Essex Museum prior to 1 January, 1998 and transfer clear and unencumbered title to the Empire Parking lot from the City of Salem to the Museum upon 45 days prior notice by the Museum. Until such time as the Museum requests transfer of title, and demonstrates need to use the parking lot for Phase II construction, the City of Salem will continue to operate and be liable for the Empire Parking lot. The Mayor of Salem will execute an appropriate deed transferring title, which deed shall be held in escrow by the Mayor until such time as the Peabody Essex Museum requests delivery of said deed_The Museum will have the option of accepting title with an incumberance if it so chooses, with an appropriate adjustment in the purchase price. 2) To diligently take all steps necessary to abandon Liberty Street in order to deed it to the Peabody Essex Museum prior to 1 January 1998. The Mayor of Salem will execute an appropriate deed transferring title, which deed shall be held in escrow by the Mayor until such time as the Peabody Essex Museum needs Liberty Street for Phase II expansion and requests delivery of said deed. Within 45 days of receipt of a request by the Museum to transfer title of Liberty Street to the Museum, the City will deliver the quitclaim deed to said Liberty Street to the Museum. Until the Street is deeded, and the deed delivered, to the Museum, the City will retain ownership, responsibility and liability for operation of Liberty Street 3) Dedicate the proceeds of the sale of the Empire Parking lot to help complete design and construction of a parking structure over the existing Church Street parking lot 4) Provide a comprehensive and expedited City approval and permitting process involving all relevant City permitting and licensing agencies to facilitate Phase II Museum expansion design and construction. 5) Agree that when the Museum concludes its analysis of options with respect to the building at 10 Liberty Street and the Armory Headhouse Faeade—a 3 process that requires the involvement of many concerned parties and a process that requires a determination of the role of these assets in Phase II expansion—the City will support the Museum's ultimate decisions. In addition to supporting the Museum at the local level, at the Museum's request, the City will participate in support of the Museum's position in any approval, permitting, or review process that the Museum goes through with regard to the Phase II project at the state or federal level. The processes in which the City's support may be requested may include (but not necessarily be limited to) the Section 106 process under the National Historic Preservation Act and the Massachusetts Historical Commission and MEPA processes at the state level. 6) Waive any special requirement by the City of Salem to conduct environmental impact statements in excess of those required by the State of Massachusetts 7) Provide financial support equal to the Museum's investment necessary to establish a Business Improvement District for downtown Salem and assure that the Museum will have representation on the governing body of the BID. 8) Provide, by working with the parking authority, a special, reduced fee schedule for Museum patrons and staff parking in recognition of the Museum's financial participation in construction of the Church Street parking structure. 9) Waive all relevant fees for ail building permit applications, including but not limited to plumbing, building, electrical, fire inspection, SRA, Planning Board, and other City agencies. 10)Provide infrastructure improvements to facilitate Phase II expansion, including but not limited to: a) Construction of an exterior, all hours pedestrian walkway between Liberty Street and Charter Street b) Removal of all trees, curbing, sidewalk, and lighting on Liberty Street. The timing of such removal will be coordinated with the Museum. c) The City will also remove parking meiers, curbing, etc. from the Empire parking lot and assist in the removal and relocation of any City utility lines in Liberty Street. q 11)Provide annual financial support for two full-time Museum security positions when the Museum opens its newly expanded facilities to help support increased costs associated with the pedestrian walkway on former Liberty Street until 23 September, 2007, at which time the provision will be subject to renegotiations, as set forth in item L2 of this agreement In return, the Museum will provide free general admission for all Salem residents. Dated this day of September, 1997 City of Salem by its Mayor, duly authorized Neil J. Harrington, Mayor Pea y Essex Museum by the President of the Board of Trustees, v John O. Parker, President of the Board of Trustees Peabo Essex Museu by the Director and Chief Executive Officer Dan L. onroe, Director and Chief Executive Officer Salem City Council, by its President, duly authorized by vote of the City Council r � Scott McLaughlin, President of Ci Council 5 Citp of 6alem, Iflaggatb gettg I (Electrical Mepartulent Paul �R. Tuttle 44 7 afapette 6treet (ditp Clectritian balem, 03 01970 Tel 97S-745-6300 _Pax 978-745-4638 INTEROFFICE MEMORANDUM -a a TO: DENISE SULLIVAN,PLANNING DEPARTMENT � FROM: PAUL M.TUITLE,CITY ELECTRICIAN SUBJECT: NEW LIBERTY STREET DATE: AUGUST 18,2000 PLEASE BE ADVISED, THE SEVEN DECORATED STREET LIGHTS ARE THE RESPONSIBILITY OF THE CITY. IF THE MUSEUM MAKES ANY REPLACEMENTS/ SUBSTITUTIONS/ADDITIONS TO THE DECORATED LIGHTS, THE MUSEUM SHALL ASSUME THE RESPONSIBILITY FOR THE MAINTENANCE AND THE BILLING. THE ELECTRIC DEPARTMENT WILL NO LONGER BE RESPONSIBLE FOR THE DECORATED LIGHTS. ALSO THE STREET LIGHTS ARE UNDER THE JURISDICTION OF THE MASSACHUSETTS ELECTRIC COMPANY. ALL CORRESPONDENCE REGARDING STREET LIGHTS SHOULD BE DIRECTED TO MASSACHUSETTS ELECTRIC CC&TANY. IF I CAN BE OF ANY FURTHER ASSISTANCE,PLEASE FEEL FREE TO CALL ME. PAUL M.TUTTLE,CITY ELECTRICIAN CC:MAYOR STANLEY J. USOVICZ,JR. —FAXED 744 9327 MEMORANDUM OF UNDERSTANDING City of Salem/Peabody Essex Museum September 15, 1997 This memorandum of understanding is made and entered into between the City of Salem through its Mayor and City Council and the Peabody Essex Museum and its Board of Trustees through the President of the Board and Director and Chief Executive Officer_ Whereas, the Museum has a long and distinguished presence in the City and has provided and continues to provide vitally important services to the City, the region, and the public at large; Whereas the Museum's collections represent the art, culture, and history of Salem, the region, and nations throughout the world, thereby providing an essential cultural and.educational resource to the City's children, citizens, and the public at large,- Whereas arge;Whereas further expansion of the Museum will serve as a catalyst for economic development in the City of Salem, further enhance Salem's growing tourism industry, and further enrich the City and region's cultural and educational assets; Now therefore, the parties enter the following understanding as to the contributions each will make in a spirit of true partnership and collaboration: L The Peabody Essex Museum agrees to: 1) Carry out Phase 11 of its expansion/renovation project in Salem using Liberty Street and the Empire parking lot, in addition to the Museum's currently owned property, including the former Salem Armory Headhouse lot Phase 11 of the Museum's expansion project will consist of three components: new construction on Liberty Street and the Empire parking lot, renovation of the Museum's Liberty Street facilities, and improvements to the Salem Armory Headhouse lot. The type and extent of work at each location will be determined solely by the Museum, subject to approval by applicable City and other licensing and permitting agencies, and contingent on funding and related factors. Phase II of the Museum's expansion project will commence no later than 23 September 2002. a) If for any reason the Museum does not proceed with tete Phase II project and commence work by 23 September 2002, the Museum and the City i,qll renegot ate the ownership of Liberty Street and the Empire parking lot. In that event, the City will have the right to request the return of all or any portion of the property; if the City exercises that right the Museum will convey the property requested and the City will return to the Museum any funds paid to the City of Salem for the Empire parking lot. 2) Maintain free, interior or exterior pedestrian pathway between Essex Street and Charter Street through Museum property or facilities on a line similar to that of present Liberty Street during Museum open hours until 23 September, 2007, except such time as the Museum is preparing for or engaged in construction of facilities at this location. After 23 September, 2007, the City of Salem and the Museum will review the question and, without obligation on the Museum, may renew or renegotiate such access. 3) Provide for an alternate, all-hours, exterior pedestrian walkway between Essex Street and Charter Street 4) Invest $20,000 a year for 5 years in a Business Improvement District dedicated to the enhancement of downtown Salem. 5) Continue to provide at least$65,000 annually in free services to the City of Salem, which include but are not limited to: a) Free general admission to the Museum for all children who reside in Salem and students enrolled in Salem education institutions b) At least one day a month of free admission to all Salem residents until the Museum expands its facilities at Liberty Street C Education services and programs provided to Salem students. and dl Provide ne•.v sen ices to the City by making use of Nluseum fak:ilities available for special City of Salem events or activities, at cost or free, subject to Museum policies regarding facility use. e) After the Museum expands its Liberty Street facilities, all Salem residents will be provided with free general admission, contingent on item ILl1 of this agreement. 6) Purchase the 'Empire' parking lot from the City at a cost of$3¢3,000, payments to be made over a ten year period in equal annual increments of $14,300 commencing upon the date of the first bond payment made by the City of Salem fe- its new Church Street parking structure. w 7) Contribute$300,000 to the City of Salem to help construct a parking deck on Church Street, payments to be made over a twenty year period in the amount of$15,000 a year commencing upon the date of the first bond payment made by the City of Salem for its new Church Street parking structure. 8) Assure that the design for the Armory Headhouse lot will include an appropriate commemoration of Salem's Second Corps Cadets. 1I. In consideration for the above, the City of Salem agrees to: 1) Take all necessary steps to undertake and complete the sale of the Empire Parking lot to the Peabody Essex Museum prior to 1 January, 1998 and transfer clear and unencumbered title to the Empire Parking lot from the City of Salem to the Museum upon 45 days prior notice by the Museum. Until such time as the Museum requests transfer of title, and demonstrates need to use the parking lot for Phase H construction, the City of Salem will continue to operate and be liable for the Empire Parking lot. The Mayor of Salem will execute an appropriate deed transferring title, which deed shall be held in escrow by the Mayor until such time as the Peabody Essex Museum requests delivery of said deed. The Museum will have the option of accepting title with an incumberance if it so chooses, with an appropriate adjustment in the purchase price. 2) To diligently take all steps necessary to abandon Liberty Street in order to deed it to the Peabody Essex Museum prior to 1 January 1998_ The Mayor of Salem will execute an appropriate deed transferring title, which deed shall be held in escrow by the Mayor until such time as the Peabody Essex Museum needs Liberty Street for Phase H expansion and requests delivery of said deed. Within 45 days of receipt of a request by the Museum to transfer title of Liberty Street to the Museum, the City will deliver the quitclaim deed to said Liberty Street to the Museum. until the Street is deeded, and the deed delivered, to the Museum, the City will retain ownership, responsibility and liability for operation of Liberty Street. 3) Dedicate the proceeds of the sale of the EmpireParkinglot to help complete design and construction of a parking structure over the existing Church Street parking lot. 4) Provide a comprehensive and expedited City approval and permitting process involving all relevant City permitting and licensing agencies to facilitate Phase 11 Museum expansion design and construction. 5) Agree that when the-Museum concludes its analysis OfootlOns with respect to the building at 10 Liberty Street and the Armory Headhouse FaSade—a Process that requires the involvement of many concerned parties and a process that requires a determination of the role of these assets in Phase H expansion—the City will support the Museum's ultimate decisions. In addition to supporting the Museum at the local level, at the Museum's request, the City will participate in support of the Museum's position in any approval, permitting, or review process that the Museum goes through with regard to the Phase II project at the state or federal level. The processes in which the CitYs support may be requested may include (but not necessarily be limited to) the Section 106 process under the National Historic Preservation Act and the Massachusetts Historical Commission and MEPA processes at the state level. 6) Waive any special requirement by the City of Salem to conduct environmental impact statements in excess of those required by the State of Massachusetts %) Provide financial support equal to.the Museum's investment necessary to establish a Business Improvement District for downtown Salem and assure that the Museum will have representation on the governing body of the BID. S) Provide, by ,-.-orking with the parking authority, a special, reduced fee schedule for Museum patrons and staff parking in recognition of the Museum's financial participation in construction of the Church Street parking structure. 9) Waive all relevant fees for ail building permit applications, including but not limited to plumbing, building, electrical, fire inspection, SRA, Planning Board, and other City agencies. 10)Provide infrastructure improvements to facilitate Phase II expansion, including but not limited to: a) Construction of an exterior, all hours pedestrian walkway between Liberty Street and Charter Street b) Removal of all trees, curbing, sidewalk, and lighting on Liberty Street. The timing of such removal will be. coordinated with the Museum. C) The City will also remove parking meiers, curbing, etc. from the Empire parking lot and assist in the removal and relocation of any City utility lines in Liberty Street. a 11) Provide annual financial support for two full-time Museum security positions when the Museum opens its newly expanded facilities to help support increased costs associated with the pedestrian walkway on former Liberty ' Street until 23 September,2007, at which time the provision will be subject to renegotiations, asset forth in item L2 of this agreement In return, the Museum will provide free general admission for all Salem residents_ Dated this day of September, 1997 City.of Salem by its cMayor, duly authorized Neil J. Harrington, Mayor Pea y Essex Museum by the President of the Board of Trustees, John O. Parker, President of the Board of Trustees Peabo Essex Museu by the Director and Chief Executive Officer Dan L. onroe, Director and Chief Executive Officer Salem City Council, by its President, duly authorized by vote of the City Council C Scott McLaughlin, President of Ci Council 5 STALEY M�DERMET ASSOCIATES PRESERVATION&RESTORATION ARCHITECTURE 175 Essex Street 27U U7 4 i 0 j j El: rSalem,Massachusetts 01970-3726 4 (978)745-4969 QDA SA I..EK' October 10, 2000 The Design Review Board Salem Redevelopment Authority One Salem Green Salem,MA 01970 Re: Peabody Essex Museum Expansion Dear Design Review Board Members: At the October 5, 2000, Salem Planning Board public hearing on the proposed expansion of the Peabody Essex Museum,the Planning Board was notified that the museum wishes to deviate from a number of the unifying standards that Salem has maintained in its downtown, most since the early 1970's. The museum stated they wish to install a different brick paver than the City Hall Paver, Salem Blend. They wish to install different light fixtures, not only on the streets but also on the proposed public walkway between Essex and Charter Streets,and on the site of the destroyed Salem Armory Headhouse. Finally, they wish to deviate from the standard crosswalks of pavers placed flat and edged with Belgian blocks. The Planning Board took strong exception to the above proposed deviations from Salem City standards. I also take extremely strong exception to any deviation from the standards. I had requested that I be able to address the Design Review Board on these issues,but was informed that I could not, the Board would accept written comments only. The above paver, street and pedestrian light fixture, and crosswalk standards should be maintained for design uniformity and consistency. They are unifying elements not only for the Essex Street pedestrian mall;but for the entire downtown area. To allow deviation, no matter how large the building project, is to open the door for and approve inconsistency throughout the downtown area. As members of the DRB,you must be aware of the myriad aesthetic problems downtown,from the multiplying A-frame signs to cars parking on grassed areas. To now allow deviation from long-held design standards is to accelerate aesthetic deterioration. It was argued at the Planning Board hearing that the proposed pavers would better complement the brick selected for the addition. Architects are supposed to design buildings to be compatible with their environment, not to change the environment to be compatible with the building's design. The scale, lack of detailing,and tombstone ends of the proposed addition are obviously not compatible with the Salem environment,but the proposal to change that environment(violate Salem's design standards)to better blend with an incompatible building is without doubt not the solution. I urge the Board to not allow any,deviation from Salem's paver,light fixture, and crosswalk standards. In addition to the mall and the streets, the proposed walkway and Headhouse site are public spaces and should continue the same standards. Finally, the failure of the recently installed flat granite pavers that edged the crosswalk near the Post Office(since partially replaced with brick)also argue for retaining the traffic-calming Belgian blocks. Thank you for your consideration. Sincerely; Staley rmet !! SM/sb Salem Planning Board �O O�