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15 CAMBRIDGE STREET - DISTRICT FILES ■ t ,15 Cambridge St . + + ii .'�, .� � .,. ,. , • „ , ..i1{. .1 �� . f ,�'n � � '{ „ rt} r . 5r - '3'Y '� 1�r'�1 •1 • f �� • � i �• .•4 { � 1 N f +1 � � i � ,•' 1 -CONN Salem Historical Commission 120 WASHINGTON STREET SALEM, MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction ❑ Alteration ❑ Demolition Painting ❑ Signage ❑ Other work as described below will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property- 15 Cambridge Sr Name of Record Owner: Kevin Guinee& Deborah Guinee Description of Work Proposed: Paint colors: Body— Option for SW 7667 Zircon, SW 7657 Tinsmith, SW 7658 Clouds or SW 7663 Monorail Silver Trim— White Shutters &door— Black Foundation- Removal of the paint from the brick with chemical as approved by the Health Department Dated: December 2, 2010 SALEM HISTORICAL COMMISSION The homeowner has the option not to commence the work (unless it relates to resolving an outstandi violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. 5/�'I X69 �_ �-..� 'I -� i� i � , , ;. /`i CA'tnbr�o�G(ti �'!,�1�j � x -i '�\� � � ) _ "r� F ~ (( III �'n h-i�i,,. 1 moi`. l �� i � ��i 9lei y i i �MINBr� Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (978)745-9595 EXT.311 FAX(978)740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: Construction ❑ Moving Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 15 Cambridge Street Name of Record Owner: Deborah & Kevin Guinee Description of Work Proposed: Repair roof to replicate existing. No changes in color, material, design or outward appearance. Non- applicable due to begin in kind maintenance. Dated: August 19, 2002 SALEM HISTORICAL C MMISSION By: The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. x0 T �g - o x Z Salem Historical Commission ONE SALEM GREEN.SALEM,MASSACHUSETTS 01970 ,978)745-9595 EXT.311 FAX (978)7400404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction ❑ Alteration ❑ Demolition Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 15 Cambridge St. Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Repainting of exterior in existing colors. No changes in color, material, design or outward appearance. Non- applicable due to being in kind maintenance. Dated: July 16, 1998 SALEM HISTORICAL COMMISSION �/ By: / The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. O �,CONORI�� Salem Historical Commission CITY HALL. SALEM. MASS. 01970 �j��01MM6��1Y CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction [x] ; reconstruction [ ]; demolition [ ] ; moving [ ] ; alteration [ ] ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 15 Cambridge Street Name of Record Owner: Kevin & Deborah Guinee DESCRIPTION OF WORK PROPOSED: Installation of fence in location as per submitted drawing. Fence width 82" including 36" gate. Stood fence, 6' high total, no posts, supports and gate hardware to face rear yard, painted trim color. Fence design to be as per guidelines, page 7 of fence section (flatboard fence with lattice top & watertable below) . will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (Mass. General Law Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the appropriate permits from the Inspector of Buildings prior to commencing work. Dated: September 9, 1994 SALEM HISTORICAL COMMISSION By Chairman `i ` 1R -- AIIOF �_ �. /��i.�� % �1 ■ - - � _ . /S-Cdr, �� /��y �cosmr� Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (508)745-9595 EXT.311 NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS RE: 15 Cambridge St. On Wednesday, August 17 , 1994 , the Salem Historical Commission denied without prejudice an application for a Certificate of Appropriateness from Kevin & Deborah Guinee for fence construction at 15 Cambridge Street by a vote of one in favor and four opposed of a motion to approve the application as submitted. The denial was based on the fence design proposed not being historically appropriate for the architectural style of the building and the applicant not being present to discuss other options . I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. August 18 , 1994 JaGuy C1 k of the C fission cc: Building Inspector City Clerk JG\JG\DENIAL38 I I 1"3 -N CX) f l FronF I IM, _:. "tea : . ."N GENUINE WHITE CEDAR l ff. 3;o�..- 1 -PC'als DIAMOND !ProdPage 9 of 3: PC, DIAMOND sku�32ir4t18 (Freight sku ,7707'018 1 C _ rr .r � ♦ J Y _,.d � h. q t a X, N, A � N, z{ i EI.FCr.4NtT DIAMOND ACCIFN I CONSTRUCTED WITH .NO BACKER RAILS ATTRACTIVE ON BOTH SIDES QUALITY ONE-PIECE CONSTRUCTION* 111.;1; 10SI'Y11•:, ACIlALC17D 11 LS 91* "PRO R_ h 1'*ivis is :a Vendor ship Prog•r:ana. p Use 1a eight sku# 707018 when cnteriiW thu $73'.00 delis cry charge. Markets A - .ALL s; S p! ♦ - _` F-�L ^I Y ' _ � �• C �" �� .. _v �� -:l �_.Pp. �_ y.`� "A /h 6 �'�� Rjr �_�_,. /S-�•9/'i6r,�2� tea./�J L- - - - �.COMlvttt0 Salem Historical Commission 'r CITY HALL. SALEM. MASS. 01970 M l A�aIMIN6�� CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction I'll; demolition [ ] ; moving [ ]; alteration [ ] painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 15 Cambridge Street Name of Record Owner: Kevin & Deborah Guinee DESCRIPTION OF WORK PROPOSED: Reroof the peak section of the house with the same as existing. No changes to material or color. Non-applicable due to being an in-kind replacement . does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. Dated: March 26, 1990 SALEM HISTORICAL COMMISSION BY Chairman v' „,,CONDIT, s a �T\ !r �” Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 July 17, 1991 Attorney Leonard Femino Assistant City Solicitor City of Salem 93 Washington Street Salem, MA 01970 RE: 15 Cambridge Street Dear Atty. Femino: Enclosed please find a statement from the Clerk of the Salem Historical Commission which accepts the settlement offer of Kevin and Deborah Guinee for paint colors at 15 Cambridge Street. While the Commission has decided to approve the settlement, we are concerned about the tone of the purple body color and feel that the homeowners will be unhappy with the finished result. Therefore we have enclosed a Certificate of Appropriateness, as part of the settlement, which approves 4014D Serenade for the body and E45 for the trim along with the option of 1448 for the body . 1448 was the proposed trim color on the homeowners ' original application dated May 8, 1989 . We encourage Mr . & Mrs . Guinee to use 1448 as the body color, instead of 4014D Serenade, and feel they will be more pleased with the result. Thank you for your assistance in this matter . Sincerely, THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman J4140 fq..CU9tlIT1.a6 A'�Otame Do, Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 July 17, 1991 Attorney Leonard Femino Assistant City Solicitor City of Salem 93 Washington Street Salem, MA 01970 RE: 15 Cambridge Street Dear Atty. Femino: The following members, which make up a quorum of the Salem Historical Commission, have reviewed the paint colors that you provided to Jane Guy, Clerk of the Commission, as a proposed settlement for the case of Kevin and Deborah Guinea vs. the Salem Historical Commission. The following members have reviewed the proposed pa' t colors and approve of the settlement: DI ` rtr l.. ' na;; C The following members have reviewed the proposed paint colors and disapprove of the settlement: Based on the above signatures, it has been determined that the Salem Historical Commission will accept the settlement as proposed and will issue a Certificate of Appropriateness for said paint colors. Resp ctfully subm' ted, e A. Guy ark of the Co ssion JHisCom9/Guinee E45 4U13M Sonata 4014p Serenade v (,ONUIT,�I 9 Salem Historical Commission CITY HALL. SALEM. MASS. 01970 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction ( ) ; reconstruction ( ) ; demolition ( ) ; moving ( ) ; alteration ( ) ; painting tX ) ; sign or other appurtenant fixture ( ) work as described below in the . . . McIntire Historic District (NAME OF HISTORIC DISTRICT) Address of Property: 15 Cambridge Street Name of Record Owner: Kevin & Deborah Guinee DESCRIPTION OF WORK PROPOSED: Paint colors : Body - 4014D Serenade or 1448 (taken from application dated 5/8/89 ) Trim - E45 (off-white) will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Mass. Gen. Law Ch. 40C) and the Salem Historical Commission. Dated: July 17, 1991 SALEM HISTORICCAAL COMMISSION Chairman COMMONWEALTH OF MASSACHUSETTS Department of the Trial Court Essex, ss. superior Court No. mow. � Ut 4 4 4 \ vs. TRIAL NOTICE** The above entitled case is being called for Jury/Jury-Waive Trial on VUII� Q �� 9'-1 �_ at 9 : 30 a.m. at Essex Superior Court House, High St . , NeTcburvport MA with the Honorable John T'. Ronan, presiding. ST APPEAR READY FOR TRIAL ON THE ABOVE DATE WITH WITNESSES WITNESSES ON ONE HOUR TELEPHONE NOTICE PLEASE NOTIFY THE COURT PROMPTLY OF ANY SETTLEMENTS CLERK'S Of ICE 508-741-0200 COUNSEL SHALL BRING THE FOLLOWING DOCUMENTS WITH THEM. IF NOT ALREADY SUBMITTED AT THE TIME OF THE CONCILIATION CONFERENCE. A) trial memo; B) list of witnesses; C) list of exhibits ; D) any pre-trial stipulations CITY OF SALEM - MASSACHUSETTS KEVIN T. DALY Legal Department LEONARD F. FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem, Massachusetts 01970 508-921-1990 ECEl J ® At_ 15 1991 SAL84 FLANA71n6 DEPT. July 15, 1991 Ms. Jane Guy Salem Historical Commission One Salem Green Salem, MA 01970 in re: Guinee vs. Salem Historical Commission Dear Jane: Enclosed please find a color chart presented to me by the attorney for Mr. and Mrs. Guinee. Would you kindly solicit the members of the Historical Commission to determine whether I have the authority to settle this case if the enclosed color chart is complied with by Mr. and Mrs. Guinee. As you know, this matter is scheduled for trial on July 18 , 1991. Very truly yours, Leonar F. Femino LFF/sbh Enclosure SIM,, • yyr•�Iq �, k�rd,p�1. CITY OF SALEM - MASSACHUSETTS KEVIN T.DALY Legal Department LEONARD F FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem,Massachusetts 01970 508-921-1990 June 11, 1991 Ms. Jane Guy, Clerk Salem Historical Commission One Salem Green Salem, MA 01970 in re: Guinee vs. Harris No. 89-1683 Dear Jane: Enclosed herewith please find the Trial Notice in the above-mentioned matter. It appears that we are going to be unable to settle this matter. I need the assistance of members of the commission to testify in Superior Court on June 20, 1991. Very truly yours, Leonar F. Femino LFF/sbh Enclosure Pk k t II I V ._ C A �� tliT Salem Historical '...ommission ONE SALEM GREEN.SALEM.MASSACHUSETTS 01970 (617) 745-9595.EXT.311 August 9 , 1990 Kevin & Deborah Guinee 37 Franklin Street Salem, Ma 01970 RE: 15 Cambridge Street Dear Mr. & Mrs . Guinee: At its regular meeting on August 1, 1990 , the Salem Historical Commission discussed the issue of paint colors for your property at 15 Cambridge Street. It was the concensus of the Commission members that the following color combinations provide a good example of schemes that would likely be approved: Body - Grey as requested in original application Trim - Navajo White Shutters & Door - Essex Green or Black Body - Sandpiper Trim - Pittsfield Buff Shutters & Door - Essex Green Body - Limestone Grey Trim - Quarry Dust Shutters & Door - Essex Green or Black Body - Grey as requested Trim - Navajo White Shutters - Black Door - New London Burgandy I hope that this information will assist you in selecting a color scheme that pleases you. While I do not have extra paint charts to enclose, please feel free to contact me in order to view them at the Salem Planning Department ( 745-9595, ext. 311) . Cordially, ne A. Guy Minutes/Guinee2 �aiem Hist®ricai yommissi®n -%E SALEM GREEN.SALEM. MASSACHUSETTS 0 i 976 61 7) 745.9595. EXT.311 July 12 , 1990 Kevin & Deborah Guinee 37 Franklin Street Salem, Ma 01970 RE: 15 Cambridge Street Dear Mr. & Mrs. Guinee: It has been over a year since the Salem Historical Commission denied your application for paint colors for 15 Cambridge Street and received notice of your Civil Action to appeal the decision in Superior Court. Since we have not heard anything from that time, we are hoping you have reconsidered your decision to appeal and are ready to apply for paint colors again. It is unfortunate that your preferred color scheme was not approved, however, we feel that an historically appropriate selection of colors are available with which you would be pleased. The minutes of the public hearing reflect the Commission' s opinion that the body color proposed was not inappropriate but that a lighter trim color would be preferable. Enclosed is an application for a Certificate of Appropriateness . If you need assistance, please do not hesitate to contact our staff assistant, Jane Guy, at the Salem Planning Department, One Salem Green, Salem, MA ( 508 745-9595, ext. 311) . Thank you for your consideration in this matter and we look forward to the completion of the work at your historic property. Cordially, THE SALEM HISTORICAL 0MMISSION Annie C. Harris Chairman Minutes/Guinee Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (617)745.9595.EXT.311 May 3 1990 E. *Aare Cady III 18 Cambridge Street Salem, MA 01970 RE: 15 Cambridge St. Dear Mr. Cady: We are in receipt of your letter dated March 26 1990 concerning the status of 15 Cambridge Street. At the present time, the issue is in litigation at the request of the owners . Should the circumstances change,. and the owners file an application for paint colors again, a public I earing will be advertised in the usual manner. Thank you for your concern and continued efforts toward the historic preservation of Salem' s neighborhoods. As always, we appreciate being notified of potential violations. ,Si cerely, �_- ,c 1.�_ THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman J3620 March 26, 1990 RECEIVED MAR 2 6 1990 Ms. Annie C. Harris Chairman SALEM PLANNING DEPT. Salem Historical Commission One Salem Green Salem, MA 01970 Dear Ms. Harris re: 15 Cambridge Street As residents of upper Cambridge Street, Salem, we wish to advise the Salem Historical Commission of an apparent violation of your Commission's guidelines. As we recollect the conclusion of the hearing in early June 1989, the trim color and the shutter and door color of 15 Cambridge Street were rejected by the Commission. We also believe that the owners of 15 Cambridge Street indicated that they would reconsider their color scheme and reapply to the Commission. At the present time, the house remains in the same partially completed condition as existed in June 1989. In addition, after the June hearing the owners installed the shutters in the color that we believe, was specifically rejected. The rear of the house remains as raw, unpainted wood. We are concerned that the owners may not comply with the decision of the Commission. We request that your Commission take appropriate action to enforce the owners of 15 Cambridge Street to comply with the Commission's guidelines. We are available for questions or discussion. Very truly yours, The neighbors and residents of Cambridge Street c/o E. Ware Cady III 18 Cambridge Street Salem. MA 01970 745-3098 -NE SALEM GREEN. S.�L E%1. MASSACHUSE'T9 C'?-G 17171 -a5-5595 EXT. i1 September 5, 1989 Leonard F. Femino One School Street Beverly, MA 01915 RE: 15 Cambridge Street Dear Lenny: Enclosed per your request are documents relating to 15 Cambridge Street. They are as follows: - Copy of original application - Copy of denial - Salem Historical Commission Guidelines on paint colors - State and local regulations governing commissions - List of SNC members. - Resumes of members present at the meeting - Survey form of the building - Copies of photographs - Other correspondence The minutes of the meeting have not yet been approved, but will be forwarded to you as soon as possible. I have also enclosed excerpts from the Old House Journal and Salem Handbook as reference material. Please note that according to the Sanborn maps of 1874, the building known as 15 Cambridge Street was existing. Further information of its age can probably be found from earlier Sanborn maps at the Registry of Deeds. Early pictures of the building may be available at the Essex Insititute. If you want me to research this, I will be happy to do so. If you need further information, please do not hesitate to contact me. Sincerely, Vne A. Guy Jerk of the Commission cc: Annie Harris J3317 Salem Historical Commission ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970 1617) 745-9595. EXT.317 September 5, 1989 Annie C. Harris 28 Chestnut Street Salem, MA 01970 RE: 15 Cambridge Street Dear Annie: As per the request of Len Femino, I have enclosed interrogatories for you to complete. To assist you I have enclosed copies of the original application, copies of photographs, Certificate of Denial, SHC guidelines on paint colors, list of SHC members, resumes of members present at the meeting, excerpts from the Salem Handbook and Old House Journal, and a survey form. Copies have also been forwarded to Mr. Femino. Please note that according to the Sanborn maps of 1874, the building known as 15 Cambridge Street was existing. If you need assistance in completing the interrogatories, please feel free to contact me. Sincerely, e A. Guy erk of the Commission cc: L. Femino J3316 (11\111, g� X KEVIN T. DA LY �A .,v•Jw _ LEONARD F. FEMINO ASSISTANT CITY SOLICITOR % _� 4:`'� ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET �I"m��` 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM, MA 01970 BEVERLY, MA 01915 745-4311 CITY SOLICITOR 745-4311 745-0500 93 WASHINGTON STREET 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 01 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 ` 744-3363 L C � ' VEL)L PLEASE REPLY TO 61 WASHINGTON STREET StP V LJ 1 0 i 1989 August 30, 1989 S:ILEii Pui ff9i�lG DEP], Ms. Jane Guy J• Assistant City Planner City of Salem One Salem Green Salem, MA 01970 in re: Salem Historical Commission Deborah Guine and Kevin Guinee Dear Jane: Once again, I am enclosing interrogatories and request for production of documents directed to the Commission. Would you kindly collect copies of documents so that I may respond to same and forward the interrogatories to Anne Harris. If you have any questions, please feel free to contact me. Again, thank you for the assistance in this regard. Very truly yours, Leonard . Femino LFF/sbh Enclosures I' COMMONWEALTH OF MASSACHUSETTS ESSEX,SS: SUPERIOR COURT SALEM DIVISION C.A. NO. 89-1683 DEBORAH GUINEE ) and KEVIN GUINEE, ) Plaintiffs ) vs. ) ANNIE C. HARRIS, ETAL ) as they are MEMBERS ) OF THE SALEM HISTORICAL ) COMMISSION OF THE CITY ) OF SALEM, ) it Defendants ) REQUEST OF PLAINTIFF DEBORAH GUINEE.FOR PRODtI TION OF DOCUMENTS OF DEFENDANT,ANNIE C.HARRIS The plaintiff, Deborah Gulnee, requests that the defendant, Annie C. Harris, produce the following Items for Inspection and copying pursuant to Rule 34 of the Rules of Civil Procedure at the office of attorney for the plaintiff on or before thirty (30) days from the dale of this request. 1 . The procedural and substantiated regulations of the Salem Historical Commission in effect on June 7, 1989. 2. The standards or guidelines used by the Salem Historical Commission promulgated on or before June 7, 1989 pertaining to permissable colors pertaining to the plaintiffs' application, the subject of this action. 3. The stenographic records or notes or recordings of the hearing on the plaintiffs' appliclion, the subject of this action. 4. The notes, memorandums or exhibits presented to the Commission or made by a member of the Commission and/or any member of its staff pertaining to the hearing on the plaintiffs' application, the subjoct of this action. 5. Any photographs, exhibits, graphs, color charts, or color exhibits or written calculation or tables used or considered or referred to by the Commission prior to the hearing on June 7, 1989 or during or after said hearing and prior to the vote of the Commission or decision on the plaintiffs' application. DONOVAN&DONOVAN By: � Daniel J. Donn4 29 Elm Street Danvers, MA 01923 (508) 774-6062 Date: August 211, 1989 I �QERIIEIQATEOF Ayine I, Daniel J. Donovan, attorney for the plaintiffs, Deborah Guinea and Kevin Guinea, hereby certify that I have this date served Production of Documents by the Plaintiff, Deborah attached Request for Defendant, Annie C. Harris, b Guinea, to be answered b y mailing a co Y the PY Thereof, postage prepaid to; Leonard F. Femino, q•. Alexander, Femino 8 Lauranzano, One School Street, Beverly, .MA 01915. Data: August _ g 24 1989 W16 Daniel J. D I ii +J I I i' i; i i f I COMMONWEALTH OF MASSACHUSETTS ESSEX,SS; SUPERIOR COURT NO. 89-1683 DEBORAH GUINEE ) and KEVIN GUINEE, ) Plaintiffs ) vs. ) ANNIE C. HARRIS, ETALS, ) as they are MEMBERS OF ) THE SALEM HISTORICAL ) COMMISSION OF THE CITY ) OF SALEM, ) Defendants ) PLAINTIFF. DEBORAH GUINEE'S FIRST SET OF INTERROGATORIES TO THE DEFENDANT.ANNIE C. HARRIS. 1. Please state your name, address, occupation and official designation as a member of the Salem Historical Commission. 2. State the names, addresses and occupation of each member of the Salem Historical Commission present and voting on Plaintiffs' application on June 7, 1989. 3. Please state the name of the Chairman or presiding member of the Salem Historical Commission presiding at the Plaintiffs' hearing on their application, the subject of this action, on June 7, 1989. 4. Please state the education, training, degrees or particular qualifications, including professional qualifications of each Commission Member relating to the historical age of buildings and appropriate colors of historical buildings as it would apply to the Plaintiffs' application, the subject of this action, on June 7, 1989. 5. Please state the standards used to base the decision on the Plaintiffs' application. 6. What was the age and style of the plaintiffs' house, the subject of their application heard on June 7, 1989. 7. What evidence, facts or information were before the Commission as to the age and style of the plaintiff's house, the subject of their application heard on June 7, 1989. I 8. What was the evidence, facts or information before the Commission as to the reason or basis that the colors proposed were not historically appropriate for the age and style of the plaintiffs' house, the subject of plaintiffs' application. 9. State the motion or motions in the order they were considered by the Commission with reference to the plaintiffs' application heard on June 7, 1989, stating the member of the Commission making the motion, seconding the motion and the resulting vote by Commission Members' names and vote. 10. Were stenographic or recordings made of the hearing on the plaintiffs' application on June 7, 1989? 11. Were formal or informal notes made by any member of the Commission or Clerk or any other person on behalf of the Commission pertaining to the hearing on the plaintiffs' application on June 7, 1989. 12. If your answer to interrogatories numbered 10 and 11 are in the affirmative, please state the description of the records or notes and person in possession of said records or notes. 13. Please slate the name, home address, and business address of every person whom you or your attorney Intend to call as expert witnesses at the trial of this action. 14. Please state, with respect to each such expert indicated in your answer to the previous interrogatory: (a) the subject matter on which he or she is expected to testify; (b) the substance of the facts and opinions to which he or she is expected to testify; and (c) a summary of the grounds for each such opinion. -------- -------- Daniel J. Donovan 29 Elm Street Danvers, MA 01923 Tel. (508) 774-6062 Date:___Auqust 24,_ 1989__ I CERTIFICATE OF SERVICE I, Daniel J. Donovan, attorney for the plaintiffs, Deborah Guinee and Kevin Guinee, hereby certify that I have this date served attached First Set of Interrogatories by the Plaintiff, Deborah Guinee, to be answered by the Defendant, Annie C. Harris, by mailing a copy thereof, postage prepaid to: Leonard F. Femino, Esq., Alexander, Femino & Lauranzano, One School Street, Beverly, MA 01915. ------------------------- Date: August 24,, 1989 Daniel J. Donovan Salem Historical %'ommission ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 16171 745-9595.EXT.311 July 18, 1989 Kevin J. Guinee 15 Cambridge Street Salem, MA 01970 Dear Mr. Guinee: We are in receipt of your letter dated July 13, 1989. Enclosed per your request, is a copy of M.G.L. Chapter 40C and the Salem City Ordinances governing the Salem Historical Commission. The minutes of 6/7/89 have not yet been approved by the Commission and therefore are not enclosed. This is due to the vacancy of the secretarial position when Ms. Guy became the Commission' s Staff Advisor. In an attempt to find a new secretary, three different clerks have taken minutes over the last few months but, most often, Ms. Guy has had to take and transcribe minutes as well as her staff administration duties. This has resulted in a backlog of typing for Ms. Guy and subsequently a backlog of reading for the Commission members. The Commission has also had long agendas for the last three months, which have left little or no time available for amendments and approval of minutes. Drafts of the minutes of 6/7/89 and 6/21/89 were mailed to the Commission members on July 13, 1989, the day they were typed. These, as well as the minutes of 5/17/89, are scheduled for approval on the agenda of 7/19/89. However, this agenda is also quite long, the meeting of 8/2/89 has been canceled and it is quite likely that the minutes will not be approved until the meeting of 8/16/89. Upon approval of the minutes of 6/7/89, Ms. Guy will forward a copy to you. We are sorry for any inconvenience this has caused. Res ctfully, / l cV t, - THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman J3230 July 13, 1989 TO: Salem Historic Commission FROM: Kevin J. Guinee 15 Cambridge St. Salem MA 01970 I am writing this letter to your commission requesting the following: ONE: A copy of the state and city laws regulating and governing the Salem Historic Cc mmision. TWO: A copy of the minutes of the June 7, 1989 meeting of the cacmision at which you did not approve the paint colors for my house at 15 Cambridge St. I have made numerous requests to obtain the minutes of the June 7 meting, without success. I have been told that it takes several meetings (months) to get the minutes approved. I find it hard to believe, but I would like to make a formal request for the minutes of the above mentioned meting. Thank You, Kevin J. GL&ftee cc: Mayor Anthony Salvo Councilor Vincent Furfaro Councilor Frances Grace Councilor Neil Harrington Councilor Donald Bates Councilor George Mc Cabe TO PLA IN TIFF':g ATTORNEY: !'S.m i :,J. !':r - TORT — MOTOR %THICLF TORT — (.ONTRA(.T QL'ITABI.F RFL!FF OTHF.R.i COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION No. 89-1683 _...-_.,-DEBORAH GUINEE & KEVIN GUINEE Plaintiffs) . . . ... ... ................... ... .. ..... --........... c. -,....._ANNIE__C..._HARRIS,___ETALS as-_they_-are _ Defendant(s) Members of the Salem Historical Commission of the City of Salem - - SUMMONS To the above named Defendant: Annie C. Harris, 28 Chestnut St. , Salem, MA You are hereby summoned and required to serve upon ...DanieL.J .. Donovan plaintiffs attorney, whose address is .........2.9..Elm---S.teeat.....Danvers�._MA01923............., an answer to the complaint which is herewith served upon you, within 9-0 days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, judgrncnt Ly default will be taken against you for the relief de manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at ............Salem........................ either before service upon plaintiffs attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs claim or ,you will thereafter be barred from making such claim in any other action. r WITNESS. Thomas R. Morse. fr.. Esquire, at Salem. the 28th z day of lune in the year of our Lord one thousand nine hundred and eighty- nine. ATTES J3tiE COPY �/��y J - - V � f%�C I � - F tet/! Dep Sher 6 /� �C� (/ Clerk NOTES: l//�,� I. This summons is issued pursuant to Rule 4 of the 4lassachusets Rules..-t Civil Procedure. ]. When more than one defendant is involved, the names of all defendants should appear in the caption. It a separate summons is used for each defendant, each snouid be addressed to the partic,uar dcfencant. SC 15 Form 1 COMMONWEALTH OF MASSACHUSETTS ESSDC:SS SUPERIOR COURT TRIAL DEPARTMENT NO. 89-1683 KEVIN GUINEE and ) DEBORAH GUINEE, ) Plaintiffs ) vs. ) COMPLAINT ANNIE C. HARRIS, )PURSUANT TO M.G.L. CHAP,400, Sec. 12A RICHARD OEDEL, ) APPEAL FOR JUDICIAL REVIEW RUSSELL SLAM, as they ) are MEMBERS OF THE SALEM ) HISTORICAL COMMISSION of ) The CITY OF SALEM, ) Defendants ) This is an appeal for judicial review brought pursuant to M.G.L. Chap. 40C, Sec. 12A of a Decision of the Salem Historical Commission of the City of Salem, which Decision was filed with the City Clerk on June 12, 1989 (hereinafter referred to as "Decision"), a copy of which Is incorporated herein by reference and attached hereto as Exhibit A. 1. The plaintiffs, Kevin Guinee and Deborah Guinea, are husband and wife and reside at 39 Franklin Street, Salem, County of Essex, Commonwealth of Massachusetts. 2. The defendant, Annie C. Harris, of 28 Chestnut Street, Salem, MA 01970, Is a member of the Salem Historical Commission of the City of Salem, County of Essex, Commonwealth of Massachusetts. 3. The defendant, Walter Cook, of 7 Chestnut Street, Salem, MA 01970, Is a member of the Salem Historical Commission of the City of Salem, County of Essex, Commonwealth of Massachusetts. 4. The defendant, Peter Zaharis, of 46 Summit Avenue, Salem, MA 01970, is a member of the Salem Historical Commission of the City of Salem, County of Essex, Commonwealth of Massachusetts. 5. The defendant, Richard Oedel, of 6 Curtis Street, Salem, MA 01970, is an alternate member of the Salem Historical Commission of the City of Salem, County of Essex, Commonwealth of Massachusetts. 6. The defendant, Russell Slam, of 9 Forrester Street, Salem, MA 01970, is an alternate member of the Salem Historical Commission of the City of Salem, County of Essex, Commonwealth of Massachusetts. 7. The City of Salem is a municipal corporation located in Essex County by ordinance known as the Historical District Ordinance establishing Historical Districts in said City of Salem and appointed the defendants as members of the Historical Commission, all in accordance with M.G.L. Chap. 40C, as amended. 8. The plaintiffs, Kevin Guinee and Deborah Guinee, are joint owners of a dwelling situated at 15 Cambridge Street, Salem, within the Historic District of the City of Salem. 9. The plaintiffs, Kevin Guinee and Deborah Guinee, filed an application on May 8, 1989 for a Certificate of Appropriateness for proposed paint colors to be applied to the exterior of the dwelling at 15 Cambridge Street, Salem, Massachusetts. 10. Thereafter, on June 7, 1989, the defendants, acting as the Salem Historical Commission, held a hearing in said Salem. 11. The Salem Historical Commission, by vote of four to one, denied the plaintiffs' application. 12. The plaintiffs, Kevin Guinee and Deborah Guinee, are parties aggrieved by the determination of the Salem Historical Commission as set forth in the Decision marked Exhibit A incorporated herein by reference. 13. The Decision of the Salem Historical Commission is unsupported by evidence and is unwarranted by the evidence, insufficient in law, and exceeds the authority of the Historical Commission. 14. The plaintiffs, Kevin Guinee and Deborah Guinee, bring this action appealing the action of the defendants acting as the Historical Commission of the City of Salem in accordance with M.G.L. Chap. 40C, Sec. 12A. WHEREFORE THE PLAINTIFFS PRAY THE COURT: 1. To determine the facts and upon the facts so determined annul the Decision of the defendant, Salem Historical Commission, on the grounds that the Decision exceeds the authority of said Commission. 2. Make such other decree as justice and equity may require. DONOVAN&DONOVAN By: Daniel D an ------- — 29 Elm Street Danvers, MA 01923 Date: June 22, 1989 VI �j • ��:I VI<!r• Salem Historical Commission -,NE SALEM G,-=_v.SALEM. MASSACHUSETTS 01970 -, '45-9595.EXT.311 NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS On Wednesday, June 7 , 1989, the Salem Historical Commission denied an application for a Certificate of Appropriateness from Kevin & Deborah Guinee for paint colors as proposed on their application dated May 8, 1989 for their home at 15 Cambridge Street. The motion to approve the application as submitted was denied by a vote of one in favor and four opposed. The Commission' s denial was based on the colors proposed not being historically appropriate for the age and style of the house. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. June 7, 1989 c Jane . Guy Cle of the Commi ion cc: Building Inspector City Clerk JHisCom5/denial1O A TRUE COPY AT_TEC-I. C� N N k V N � n X C JCITY CLERK E SALEM. MASS. v EXHIBIT A ��wvl9lt;� E'(i VI\E f• Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (6171745-9595.EXT.311 NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS On Wednesday, June 7, 1989, the Salem Historical Commission denied an application for a Certificate of Appropriateness from Kevin & Deborah Guinee for paint colors as proposed on their application dated May 8, 1989 for their home at 15 Cambridge Street. The motion to approve the application as submitted was denied by a vote of one in favor and four opposed. The Commission's denial was based on the colors proposed not being historically appropriate for the age and style of the house. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. June 7, 1989 Jane/q . Guy Cle of the Comm i ion cc: Building Inspector City Clerk JHisCom5/denia110 Salem Historical Commission _',E SALEM GREE!!. SALEM, MASSACHUSETTS 01970 745-9595, ext. 311 NOTICE OF HEARING The Salem Historical Commission will dive a public hearing to all persons interested in the application of: Kevin & Deborah Cuinee on the property at: 15 Cambridge St. concerning: Paint colors Date of hearing: June 7 , 1989 Time of hearing: 7:30 p.m. Location of hearing: One Salem Green By Order of the Salem Historical Commission ( ,I;,/ #rk of the C ssion May 23, 1989 Salem Historical Commission City Hall Salem, Massachusetts 01970 To Whom it May Concern: I have been a resident of the McIntyre Historic District for almost thirty years and have always respected the work that you have done in preserving the historical integrity of the area. While walking through the neighborhoods I have noticed some work being done at 15 Cambridge Street. While it is gratifying to see work done to improve a property, I have to question the Commission's approval of the color which has been chosen for repainting. I question the historical validity of purple in this neighborhood. While I choose not to go on record as opposing the color because I believe in your judgement, I request that the color be questioned at your next meeting. Sincererly, A citizen interested in maintaining the historical integrity of Salem . w.coswr{ �� sT r 14 r ?' FeINE i IV Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS01970 (617)745-9595,EXT.311 May 18, 1989 Kevin & Deborah Guinee 15 Cambridge Street Salem, MA 01970 Dear Mr. & Ms. Guinee: The Salem Historical Commission is in receipt of your application for a Certificate of Appropriateness for the painting of your property at 15 Cambridge Street. Your application is due to be presented at the public meeting of June 7, 1989. It has come to the attention of the Commission that painting has already commenced at your home. This letter serves as a notice that you are in violation of the Historic Districts Act and orders you to cease and desist all painting at 15 Cambridge Street until your application has been presented and approved. Failure to cease and desist could result in your being required to undo such work and/or being fined for each day that you are in violation of the Act. If you have any questions or require further information, please do not hesitate to contact Jane Guy, the Clerk of the Commission, at the Salem Planning Department (745-9595, ext. 311) . Thank you for your cooperation in this matter. Respectfully, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman cc: Building Inspector City Clerk Certified Mail — Return Receipt Requested J3115 P 734 239 225 , RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Street and No. L' ) hi-JI 2(- L-C P.O.,State and ZIP Code Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N p°Q Return Receipt showing to whom. Date.and Address of Delivery m C TOTAL Postage and Fees S 71, C Postmark or Date C O LL N CL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see from) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. It you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt.and mail the article. 3. If you want a return receipt,write the certified mail number and your new and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends If space per- mits. Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested In the appropriate spaces on the front of this receipt. If return receipt Is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make Inquiry. A U.G.Q.P.C.19$T•1M131 •SENDER:Complete items i and 2 when additional services are desired,and complete items 3 and 4. Put ydOr address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to you.The return receipt tee will rovide ou the name of the arson delivered to and the date of delive .For additional fees the ollowing servless are available.Consult pastmestar for fees and c ec box es)for additional service(s) requested. 1. Show to whom delivered,date,and addressee's address. 2. 11 Restricted Delivery. 3.Article Addressed to: 4.Article Number Type of Service: Registered Insured rtified V-\ lc)C,,r( � RpressMail COD Always obtain signature of addressee or aged and DATE DELIVERED. 5.Signature—Adc1r95Me S.Addressee's Address{ONLY if X L requested and fee pard) 6.Sign re—Agent X - - 7.Date of Delive PS Form 3811,Feb.1986 DOM_STIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I II II OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the space below. ^ •Complete items 1,2,3,and 4 on the reverse. •Attach to front of article if space Permits,otherwise affix to back of article. •Endorse article"Return Receipt PENALTY FOR PRIVATE Requested"adjacent to number. USE,S= RETURN Print Sender's name,address,and ZIP Code in the space below. TO a1� �z-� �G . a IJ �LU6YF. Salem ,historical Commission ONE SALEM GREEN. SALEM, MASSACHUSETTS 01970 745•-9595 ext. 311 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS Pursuant to the Historic Districts Act (General Laws, Ch. 4OC) and the Salem Historical Commission Ordinance, application is hereby made for issuance of a Certificate of Appropriateness for: Construction ( ) ; Reconstruction ( ) ; Demolition ( ) ; Moving ( ) ; Alteration ( ) ; Painting (0 ; Sign or other appurtenant fixture ( ) work as described in the n�� H Historic District. (Name o Historic District) Address of Property: 15 Owryr }-- Name of Record Owner: — Date building erected and architect, if known: DESCRIPTION OF WORK PROPOSED: (Please attach required scale drawings, paint chips and/or samples of work and material proposed, where applicable. ) Ne,„ i ..nJnn l3u r�;u nJv Hc oi $7!1 Amb nQ mwre- NeWLavido )Ie Z � o� wi+h 61AL 1q� J U �� LL N W J �r SignatureeQ�/ Name of Owner Owner: (Please print or type) ee Address of Owner:, Rpril_l1n 5-r Tel. No. 1Date: . �-n a 0 K4