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124 FEDERAL STREET - DISTRICT FILES 121 Federal Street CO r f� 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: 124 Federal Street Name of Record Owner: Deborah &Kevin Guinee Description of Work Proposed: Repainting of house as necessary. No changes in color, material, design or outward appearance. Non- applicable due to begin in kind maintenance. Dated: August 19, 2002 SALEM HIST CAL SSION 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. COMMONWEALTH OF MASSACHUSETTS ESSEX , SS . SUPERIOR COURT IJ 0 : 14 JAMES O ' SHEA and ) ARLENE O ' SHEA , ) Plaintiffs ) Vs . ) ) THE CITY OF SALEM , ) JAMES A . BAILEY , JOHN ) COMPLAINT J . CARR , JR . , WALTER H . ) j COOK, JOHN H . CASEY , ) LANCE KASPARIAN , ) DOUGLAS J . KELLEHER , RICHARD H . OEDEL , HELEN ) F. SIDES and RUSSELL ) M . SLAM, as they are ) members of the SALEM ) j j HISTORICAL COMMISSION ) and KEVIN GUINEE and ) j ; DEBORAH GUINEE , ) IIDefendants ) INTRODUCTION This is an appeal , pursuant to Massachusetts General Lavas , Chapter 40C , Section 12A of a decision of the Salem Historical Commission ( the "Commission " ) to grant a Certificate of Appropriateness to allow the conversion of a structure to a garage and install a driveway at 124 Federal Street , Salem ( the " locus " ) . PARTIES i 1 . Plaintiffs , James O ' Shea and Arlene O ' Shea , are individuals residing in and owning the land at 1 Lynn Street , Salem and are abutters to the locus . 2 . The City Of Salem is a municipality within j the Commonwealth of Massachusetts . 3 . Defendants , James A . Bailey, John J . Carr , Jr . , John H . Casey , Walter H . Cook , Lance Kasparian , Douglas J . Kelleher , Richard H . Oedel , Helen F . Sides and Russell H . Slam , all of Salem, Essex County , f Massachusetts were at all times relevant to the I matters in this Complaint members of the Salem Historical Commission acting under the authority of I hiassachusetts General Laws , Chapter 40C . The addresses of the Commission members are as follows : b . John J . Carr , Jr. , 7 River Street , Salem, MA I � C . John H . Casey , 17 Flint Street , Salem , MA d . Waiter H . Cook , 7 Chestnut Street , Salem , MA e . Lance Kasparian , 1 Arbella Street , Salem , MA i f. Douglas J . Kelleher , 12 Brown Street , Salem , MA g . Richard H . Oedel , 6 Curtis Street , Salem , , MA h . Helen F . Sides , 35 Broad Street , Salem , MA i . Russell M. Slam , 9 Forrester Street , Salem , MA 4. Defendants , Kevin Guinee and Deborah Guinee , are , on information and belief , individuals residing at 15 Cambridge Street , Salem , MA and are the original applicants for the Certificate of Appropriateness which is the subject of this Complaint . I 5 . On August 16 , 1995 , the Salem Historical Commission held a public hearing on said application for a Certificate of Appropriateness . 6 . By a Certificate of Appropriateness that was filed with the Salem City Clerk on August 21 , 1995 , defendant Commission granted a "conceptual approval and conditional approval " to defendants , Kevin and Deborah Guinee that allowed them to obtain a building permit to begin construction of the garage conversion with respect to the property located at 124 Federal Street , Salem , Essex County , Massachusetts . A copy of the Commission ' s Certificate of Appropriateness is attached hereto as Exhibit "A" . 7 . Defendants , Kevin and Deborah Guinee , in their application for a Certificate of Appropriateness to the I Commission stated nothing about converting a portion of the locus to a garage and adding a driveway. B . A copy of this application is attached hereto as Exhibit " B" . 9 . As required by Chapter 40C , Section 11 , the Commission mailed a Notice of Hearing to plaintiffs and other abutters regarding defendants , Kevin and Deborah Guinee ' s Application for a Certificate of Appropriateness . This Notice of Hearing made no mention of any garage conversion or installation of a driveway. A copy of the Notice of Hearing is attached hereto as Exhibit "C " . it I I � I I I I 10 . Following the Commission ' s "conceptual approval " and "conditional approval " and the issuance of the Certificate of Appropriateness , numerous abutters to II L!Ic 1171.11.5 made vi11LLc11 c Vlnl!ll4IIILJ bV bli c Vvwul � :aJivil concerning the Commission ' s inadequate notice regarding ! � the nature , scope and breadth of work to be done and the inappropriate historical nature of this garage conversion and driveway. The abutters requested a new hearing I before the Commission . 11 . On September 6 , 1995 , at a public hearing before the Commission , the Commission voted 4 votes to 3 to reopen the proceedings and to schedule a new hearing with regard to the conversion of the locus t.n a garage and the installation of a driveway. 12 . At the September 6 , 1995 hearing , several members of the Commission expressed surprise that a "conceptual approval " and "conditional approval " resulted in the issuance of a Certificate of Appropriateness . 13 . The plaintiffs state that the Notice of Public Hearing required by Chapter 40C was wholly inadequate and defective as a matter of law . I 14 . The plaintiffs state that the Commission was without authority to issue a Certificate of Appropriateness because the Commission violated its own rules and procedures . 15 . The plaintiffs state that the Commission ' s decision in issuing a "conceptual approval " and "conditional approval " is based upon legally untenable grounds and is unreasonable , arbitrary and not supported by the evidence . 16 . The decision of the Commission granting the Certificate of Appropriateness exceeded the authority of the Commission . The plaintiffs state the decision of the Commission was unsupported by the evidence . 17 . The plaintiffs are persons aggrieved within the meaning of Massachusetts General Laws , Chapter 40C , Section 12A . I I � � I WHEREFORE , the plaintiffs herein request this Court to enter judgment annulling the decision of the Commission and granting such further relief as this Court deems just and proper including , but not limited to , the ssuance of a TcG;Norary Restraining Cvdai, , PreliGiinal"y injunction and Permanent Injunction . JAMES O ' SHEA and ARLENE O ' SHEA , B their attorney d-ON T. SKERRY/ BBQ # 465500 Skerry & Morrison Six Lynde Street Salem , MA 01970 ( 508 ) 745-9481 Dated : September 8 , 1995 I � II it ii II zx- A All �Gwr' NUU LI L • • i Gil 1 �i: 1.'.r1,-t :"�. !')Q1)J Saie �i Historical �.CTI�I�11,�sl&hi " of t ict ONE SALEM GREEN.SALEM. MASSACHUSET?S 01-9-70 (508)745-9595 EXT.311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed will: ❑ 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: 124 Federal Street Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: .-Approval of the concept to convert the first floor ofrear ell facing Lynn Street asfollows: Elimaiion of existing door, relocation of window as per plans submitted, installation ofgarage fluor pending the submission and approval of additional details. relocation of original bollards according to plan submitted conditional that the present number of bollards does not decrease. Approval conditional that paving material up to the new door be brick Approval conditional that further details on bollards (i.e. definition of where each is moving f-om/to) be submitted and approved. Review of door and bollard details continued to the meeting of September 6, 1995. Dated: 8/18/95 SALEM HISTORICAL COMMISSION The homeowner has the option not to commence the work(unless it relates to resolving an outstanding ,,iolation). All ,,ork commenced must be completed within one year front this date unless otherwise indicated. THIS IS NOT A BUILDING PERNHT. Please be sure to obtain the appropriate permits from the Inspector cel 3uiidims (or an:- other necessary permits or approvals) prior to commencing work. p'i _ 11 �or �lp 9J� meat JUL 17 1995 salem l-faniftng wept. •.•-.JJr. .rUJE =35 =!.T. APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Pursuant to the Historic District's Act (M.G.L. Chapter 40C) and the Salem Historical Commissic Ordinance. application is hereby made for issuance of a Certificate of Appropriateness for: ❑ Construction ❑ Moving ❑ Reconstruction 0 Alteration ❑ Demolition ❑ Painting ❑ Sign ❑ Other as described below. District: h 4 '(e- Building Construction Date. if known: 9"`1nn i Address of Property: FeciQrQ VV \ n l i ;ems Name of Record Owner: KeJ i n and ]).2L) C(00 ( r i i n o ( Description of Work Proposed: (Please attach required scale drawings, paint chips andlor samples of work and material proposed, whe applicable.) rtx�m �Drd' and m� kr al �r C (io r VG 14 1 JSignature of Owner: Tel. 11 Mailing address: �` �— « C;r. :�.� State: 1-1 lin: Nor. ) gi SO `.•a - fit, -► 7 j/ / a /A s : Satem HiSior!C i '..i�i1't( �Sr9CYS _.v_ MASSACHUSE. rS 0:?7u 745-9595, ext. 311 NOTICE OF HEARING The Salem Historical Commission will give a public hearing to all persons interested in the application of: Kevin h Deborah Guinee on the property at: 124 Federal St. concerning: Alteration of first floor rear ell alteration or rear hip s pof on main building.. Date of hearing: Eednesdav, Aupust 16, 1995 Time of hearing: 7:30 D.m. Location of hearing: One Salem Green By Order of the Salem Historical Commission Cle y of the Commission MADIGAN & McBRIDE ATTORNEYS AT LAW IGO SYLVAN SIREET DANVERS,MASSACHUSETTS 01923-3562 TIMOTHY G.MADIGAN DAVID C.MCBRIDE 4?5 lyy3 TELEPHONE (508)508) 7 940 l�CPyy6! September 22, 1995 Clerk for Civil Business Essex Superior Court 34 Federal Street Salem, MA 01970 RE: James O'Shea and Arlene O'Shea v. City of Salem, et al Essex Superior Court Civil Action No. 95-2011-A Dear Sir/Madam: Enclosed for filing in the above captioned matter please find the following: and 1. Answer of Defendants Kevin Guinee and Deborah Guinee; 2 . Certificate of Service. Thank you for your attention to these matters. Very truly yours, MADIGAN & MCBRIDE David C. McBride DCM/dmg enc. cc: Jon T. Skerry, Esq. Robert A. Ledoux, Esq. City of Salem Salem Historical Commission Mr. & Mrs. Kevin Guinee COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. 95-2011-A JAMES O'SHEA and ) ARLENE O'SHEA, ) Plaintiffs ) V. ) THE CITY OF SALEM, JAMES A. ) BAILEY, JOHN J. CARR, JR. , ) WALTER H. COOK, JOHN H. ) CASEY, LANCE KASPARIAN, ) DOUGLAS J. KELLEHER, RICHARD ) H. OEDEL, HELEN F. SIDES and ) RUSSELL M. SLAM, as they are ) the members of the SALEM ) HISTORICAL COMMISSION and ) KEVIN GUINEE and DEBORAH ) GUINEE, ) Defendants ) ANSWER OF DEFENDANTS KEVIN GUINEE AND DEBORAH GUINEE Now come the defendants, Kevin Guinee and Deborah Guinee, and respond to the plaintiffs' Complaint, as follows: 1. The defendants are without sufficient information to form a belief as to the allegations contained in paragraph 1, and therefore deny same. 2 . Admitted. 3 . Admitted. 4. Admitted. 5. Admitted. 1 6. The defendants admit that a Certificate of Appropriateness, dated August 18 , 1995, is attached to the plaintiffs' Complaint, as Exhibit "A" . The defendants state that such document best speaks for itself, and the defendants deny the remaining allegations in paragraph 6. 7 . Denied. 8 . Denied. 9 . The defendants admit that the Commission mailed notice of the hearing to the plaintiffs and other abutters. The defendants deny the remaining allegations contained in paragraph 9 . 10. The defendants are without sufficient information to form a belief as to the allegations contained in paragraph 10, and therefore deny same. 11. The defendants admit that at a September 6, 1995 hearing, the Commission voted to reopen or reconsider the proceedings and to schedule a new hearing on the defendants' Application for a Certification of Appropriateness. The defendants deny the remaining allegations contained in paragraph 11. 12 . Denied. 13 . Denied. 14 . Denied. 15 . Denied. 16 . Denied. 17 . Denied. 2 FIRST AFFIRMATIVE DEFENSE The plaintiffs have failed to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE The plaintiffs are barred from any recovery because this action was not commenced within the proper time set by law. THIRD AFFIRMATIVE DEFENSE The plaintiffs' Complaint raises issues that were not properly before the Salem Historical Commission, and therefore should be dismissed. FOURTH AFFIRMATIVE DEFENSE The plaintiffs' Complaint seeks a review of matters not properly before this Court and beyond the jurisdiction of this Court pursuant to M.G.L. Chapter 40C, and therefore should be dismissed. FIFTH AFFIRMATIVE DEFENSE The issues raised in the plaintiffs' Complaint are now moot and no longer ripe for determination, based upon the reconsideration vote taken by the Salem Historical Commission on September 6, 1995. SIXTH AFFIRMATIVE DEFENSE The plaintiffs lack standing to bring this action. 3 SEVENTH AFFIRMATIVE DEFENSE By attending the August 16, 1995 and September 6, 1995 hearings before the Salem Historical Commission, the plaintiffs have waived their right to object regarding improper notice. EIGHTH AFFIRMATIVE DEFENSE This action should be dismissed against the defendants, Kevin Guinee and Deborah Guinee, as they are not proper defendants in this action. WHEREFORE, the defendants, Kevin Guinee and Deborah Guinee, respectfully request that the plaintiffs' Complaint be dismissed, with prejudice and with costs, expenses and attorneys' fees assessed against the plaintiffs, pursuant to M.G.L. Chapter 40C, Section 12A. Respectfully submitted, Kevin Guinee and Deborah Guinee, Defendants, By their attorney, David C. McBride B. B.O. No. 326910 Madigan & McBride 160 Sylvan Street Danvers, MA 01923-3562 (508) 777-7733 Dated: September 22 , 1995 4 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS . SUPERIOR COURT CIVIL ACTION NO. 95-2011-A JAMES O'SHEA and ) ARLENE O'SHEA, ) Plaintiffs ) v. ) THE CITY OF SALEM, JAMES A. ) BAILEY, JOHN J. CARR, JR. , ) WALTER H. COOK, JOHN H. ) CASEY, LANCE KASPARIAN, ) DOUGLAS J. KELLEHER, RICHARD ) H. OEDEL, HELEN F. SIDES and ) RUSSELL M. SLAM, as they are ) the members of the SALEM ) HISTORICAL COMMISSION and ) KEVIN GUINEE and DEBORAH ) GUINEE, ) Defendants ) CERTIFICATE OF SERVICE I, David C. McBride, attorney for the defendants, Kevin Guinee and Deborah Guinee, in the foregoing action, hereby certify that I have this day mailed a copy of the foregoing Answer of Defendants Kevin Guinee and Deborah Guinee, postage prepaid, first class mail , to the following counsel and parties of record: City Clerk's Office Salem Historical Commission City of Salem One Salem Green 93 Washington Street 2nd Floor Salem, MA 01970 Salem, MA 01970 Robert A. Ledoux, Esq. Jon T. Skerry, Esq. Ledoux, Whipple & King Skerry & Morrison 49 Federal Street Six Lynde Street Salem, MA 01970 Salem, MA 01970 1 Signed under the pains and penalties of perjury this 22nd day of September, 1995. David C. McBride 2 I HISTORIC PRESERVATION var n'vr in•n ThimsOld Salem managed to live down the witch trials. Living down a visit by "This Old House" could be harder. BY SUZANNE FREEMAN Tell me, Steve, Viewers of the popular PBS series This Old House heard several scene-setting exchanges between host Steve Thomas and his how did the meeting sidekick Norm Abram last fall,when the program featured eigh- with the historical teen episodes set in Salem,Massachusetts.As the show tracked commission go? the renovation of a down-at-the-heels, circa 1768 house in the city's McIntire Historic District, the drama focused increasing- ly on whether the Salem Historical Commission would okay a proposed"carriageway,"an arched door to be cut through a rear ell, allowing the house's owners, Kevin and Deborah Guinee, to drive through and park their Well, Norm, cars in the back yard. Over the course of several weeks we were there with and many meetings,what the cameras captured—a his- torical commission that seemed to second-guess its own decisions, lawsuits, injunctions, angry neighbors, andit asn 9 t even an apparent public slur against a pregnant woman—was, indeed, not pretty. But neither, some pretty.Salem people maintain,was it the whole picture. Salem, a seaport city of about 38,000 people seven- teen miles north of Boston,is of course no stranger to unfavorable publicity.First there were the notorious witch trials in 1692.Then in 1850 came native son Nathaniel Hawthorn's The SearletLetter,with its introductory es- say, "The Custom House," in which Hawthorne blasted his hometown for its petty politics, its small- minded-ness,and even—unjustly,certainly—its dull architecture. In a letter sent to a friend soon thereafter, Hawthorne said he wouldn't be surprised"to be tarred and feathered for what I wrote about the people of Salem." o 54 wsrORtc PRESERVATION b i 1� u • I � i it g atry*OF SALEM . pyAAKUVQ 1110 DAYOF ! q,[ —19Y11 Ar A �, 3-7 822325RRIC °CAD, °C1 ° oo �ay ° Ile 9A °TOi rj Q ❑�5 °zp�y�° ° n °koCK FRCo fy °°q °�'blV ❑ °PONT c ° _ppm— ''�°�9 M�'�111'JI„ ..- ❑ '� rn s.O •`��, i Between these two episodes, however, came a glorious Thomas should have been more straightforward on the air rime in Salem's history, a time when a Flourishing shipping about his own connections with the town,the neighbors,and trade with the East Indies and China enriched Salem sea cap- the commission. tains. During this era they built great Federal brick houses "They [Thomas and the Guineesj have all lived here for along both sides of Chestnut Street.which today is the heart years,"says a Federal Street resident."Come on,what did they of the McIntire district, the oldest of Four such historic dis- expect?Theywanted to cur through the living space of a house trios in Salem. Named for local architect and woodcarver to park cars. Well, this is a place where everybody has some- Samuel McIntire, the area comprises roughly twelve blocks thing tosay ifyoujustwant tochange your front-door knocker. and features some first-rate examples of period architecture You can't live here and nor know that." from the seventeenth to early-twentieth centuries. It is difficult to spend much rime in this pan ofSalem with- And that,residents out being aware of the long arm of the say,is what they hoped ' This is a place historical commission or the intensity of to see showcased neighborhood opinion--or,more likely, when This Old Horse where everybody both. I say this from experience. brought its cameras tohas something to From 1979 to 1986I lived in the dis- rown: the brick side- trict, just a block away from the house walks, well-tended say if you just the Guinees now own. I had my own gardens, and many tangle with the historical commission meticulously restored want to change when my husband gave me a greenhouse houses that reflect awindowasabirthday present and wein- ,olden time in Salerns your front-door Called it on the second floor of our Vic- hi,rory. They had es- ��O��A� !f rorian house. The commission voted pecially high hopes, CC ■ that we had to remove it.We resisted.In they,II tell you,because the days that followed,it ap- Sreve Thomas is himself longtime rest- peared to me that people dent of the McIntire district.And report- were staring at our house edly it was Thomas's own idea to feature _ when they walked by or the city on his long-runningseries,which slowing their cars as they Focuses on step-by-step home repair andjJ drove past to get a good is the highest-rated regular program on t y look at our second floor. public television. "Don't be ridiculous," I Today, nobody in the neighborhood told myself. "Dont be will dispute that This Old House did do a " paranoid. This isn't some fine job of highlighting some of Salem's scandal.Nobody cares that treasures, including the Famed House of { much about a greenhouse Seven Gables and two restored houses window." Then on a owned by the ciry's Peabody-Essex Mu- Monday morning a friend seum. Bur, they say,what rankles is that dropped by to tell me shed now,after the fact,all the audience seems to attended a dinner parry in remember is the acrimony over the carriageway—as evidenced the neighborhood over the weekend. "Everybody was talking by the letters that have poured in from around the country: about your plant window," she announced cheerfully. "And "1 watched with dismay the display of mean-spirited emo- discussing whether you should or shouldn't take it our. You tions that represented the dealings of your local government as know what they're calling it?Wmdowgate." shown on This Old House,"said a viewer from Illinois in a ryp- The Quinces—who declined to be interviewed for this ical letter. "Now I wouldn'r even consider visiting Salem as a story, as did Thomas and the project's architects, Pamela tourist." Hawkes and Ann Beha—first met with the seven-member Salem Historical Commission about their carriageway appli- MOTIONS HAVE ALWAYS RUN HIGH IN THE MCIN- cation last August 16.The lights were bright. This Old House's tire district,which was founded twenty-five years ago cameras were rolling, and some commission members were after neighbors formed a picket line to prevent alu- more nattily attired than usual for the occasion. "People got minurn siding from going onto a house overlooking haircuts for that meeting,"recalls John Carr,a lawyer and the Chestnut Street. Ever since, it's been a place where commission's vice-chair."People who had never worn suits to both neighbors and the historical commission are known to be a meeting before showed up in suits that night." vigilant about any kind of change.In light of this,people claim The commission members got down to the business of re- that the Guinees and Thomas,who have had previous tussles viewing the plans,which called for the removal of an existing j, with the Salem Historical Commission,may not have been as door and window in rhe rear ell of the house to be replaced by wide-eyed as they appeared on television about the furor their a nine-foot-high standard garage door that would slide up to carriageway, proposal created. Some people also feel that open. This door would be embellished to look like a pair of 56 N ISro Ric PRESERVATION I4 I' My..�.,...a,�•... n.-w,-v-«».- .....r...rwn4w+'fa+1AW�,ArMLL AWeef'� i 1 outward-opening arched doors in the style of an eighteenth- The historical commis- gry abutters came forward to century carriage house. Cars could then drive through what sion pays a site visit, sav thev had never been notified had been a first-floor room of the house—but would now,in opposite. A carriage- about the meeting.Others said effect,be a carport—and then into the back,yard,where there way mockup,above,is the description of the Guineas' would be room for parking. affixed to the ell;This project as printed on the origi- After discussion and hearing several abutters who had come old House's Tom Silva nal notice of hearing—"alter- to voice their concerns,the historical commission,long known gestures toward the arion of first floor rear ell"—was around town for taking several weeks to make a decision on neighbors'house. so vague as to be misleading. even minor changes,startled its local audience by voting five- "Everything was coming out ro-two to give"conceptual approval"to the carriageway plan. of the woodwork," says Carr. Never a supporter of the car- "It was stunning," says Meg Twohey, who lives across the riageway plan,Carr had cast one of the two commission votes street from the Guinees and attended the meeting to oppose the against it,arguing that an arched,eighreenth-century carriage plan."We had no expectation that they would give any kind of door would never have been only nine feet high,and that it approval that night. Television did a great deal to distort the was just plain wrong to sacrifice original building fabric to process.Nobody at the meeting said what they really felt like make space for parking.Some suspected that he was now the saying.We were all terribly polite." orchestrator of the neighborhood opposition,a charge he de- Others agree that the commission got derailed from its usu- nies. "I never initiated a single phone call," he says in true al procedures at that first meeting, setting the stage for more lawyer's fashion. misunderstanding later on.For instance,granting"conceptual By the time the commission met again last September 6,it approval"—a preliminary approval until more information was determined that there actually had been omissions in the comes forth—was an unusual move for this board,some ob- process of notifying"abutters and abutters of abutters,"as de- servers say."It was incredible that they would vote on a project fined by the commissions own regulations. Based on this, a like this at all without doing a sire visit first,"said one city res- new vote came out Four-to-three in favor of reconsidering the ident."I mean this commissions reputation is that they would for vote,meaning there was now no conceptual approval or go out to inspect the shingles on a doghouse." any other kind of approval—the Guinees and This Old House Telephones started ringing all over the neighborhood.An- were back at square one. MAY/DUNE 1116 57 I r -lb, I fbundapakingspace—cuetflifilirrlepleasuresaroiind Neighbors sav their feelings were not against the Guinees, here where iti so difficult tofind nd one." they were simply for the O'Sheas.But it gets harder and harder —Steve Thomas,in front of the Guinees'house to keep the discourse impersonal in cases like this.After Debo- Parking is such a problem in this neighborhood." rah Guinee,then seven months pregnant,made vet another pre- -Norm Abram sentation of the carriageway plans during a historical commis- sion meeting,Salem Cite Councilor and Federal Street resident HE REPEATED REFERENCES TO THE PARKING Bill Burns stood up and criticized the Guinees "for waddling crunch by This Old Houses stars irked some neigh- into our neighborhood and purring in a garage door." bors as the series began airing its Salem episodes at Deborah Guinee left the room in tears, her lawyer de- the end of September."Parking on the street is not al- manded an apology, and members of the historical commis- ways the most convenient thing,"says Meg Twohey, sion heaved audible sighs into their microphones,knowing that "but its just a fact of life for most of us." all the effort of new haircuts, nice suits, and rational debate "The way they kept bringing it up about parking again and about "appropriateness"woul&t stand up to a moment like again—it felt like propaganda,'says another Federal Street res- this captured on national television. idem. "It seemed that they were trying to push their own po- Months later, Burns is still being called on to explain that sition on the carriageway without even caring about who it moment. "I did say'waddle.' People suggested that maybe I would affect.They just wanted to make it pan of the drama." meant to say'wander or `waltz,' but I meant 'waddle.' It had Meanwhile the drama was raging on its own.There were ap- nothing to do with Mrs.Guinee being pregnant—I used it to re- peals filed by neighbors, an attempted injunction by the fer to both of the Guinees.I probably use the word waddle al- Guinees, and during the course of one meeting captured on most daily.I've always used it to mean somebody moving along, tape,it was discovered that the elevations submitted to the com- completely indifferent to their surroundings, indifferent to the mission were inaccurately drawn."Everything was turning in- mayhem all around them.And that's all I meant that night. to a muddled mess," recalled Helen Sides, the chair of the "I did apologize to Mrs. Guinee. I went back to the room ti:dcm Historical Commission. where she was composing herself and apologized.They didn't ~ides,an architect,supported the carriageway plan because show that on N. When the episode aired, I got some nasty she feels strongly that historic preservation must accommodate calls,including one from a guy in upstate New York who said the realities of twentieth—almost twenty-first—century life. he was going to turn me in to the League of Women Voters be- She had no quibble with the design of the Guineei proposal cause 1 hadn't apologized. 1 told him I had, but he insisted I and says that rhe constant challenge during the whole process. hadn't.People want to believe what they see on television." as the debate over the plan grew The incident, after more and more contentious,was to being widely covered in return to the issue. "Nine-tenths of You �i�i i tin local newspapers,proba- the objections that the neighborsthese meetings blycostBurns hisseaton raised weren't about the historical the ciry council. "I lost appropriateness of the project, and my reelection by thirty- that's the issue we vote on. the ap- how Stroh y six votes," he says. ro riateness.But you do learn from "When I lost, eo lesaid P P the people in the c P these meetings how strongly the it people in the neighborhood feel— no{n{�����.h �QQ�� Salem's historical its impressive." e+gaaaa�w.��vo ��rre commission, like similar The neighbors did voice some lt�s impressive." commissions in other concerns over the question ofhistor- towns, has made some ical appropriateness."It was going to enemies over the years. be a kind of Disneyland fake,a reproduction,"says Twohey."I Its critics have charged that this board is power hungry and ex- thought it was going to look ver vstrange."But,admiaedly,what errs too much control over property owners in the districts it stirred even more reaction in the community was the situation of oversees.In the heat of the national publicity over the carriage- Jim and Arlene O'Shea.Although the O'Sheas' brick house is way controversy,some of these charges came to a full political It around the corner from the Guinees'clapboard house,both were boil. City Councilor Stan Usovicz,who has tangled with the once pan of a single property,and the structures are atrached.The commission himself recently over a wall he built outside his O'Sheai living room wall is connected to the Guinees'rearell— house in the McIntire district,admits that, in the wake of the the very ell where the cut-through would be made. carriageway fuss, he looked into the procedures for ridding a Arlene O'Shea made no secret of the fact that she didn't city of its historical commission entirely.But,he says,hell set- want a driveway and a garage door going up and down just de for some dghteningofthe Salem commission's scope ofpow- inches away from her window."I told them all,"she says."I told er—he'd like to see the commission's say-so limited to a houses the Guinees and I told the people from This Old Housethat my principal facade—and hell be bringing this up before the city husband is seriously ill and that I was worried, among other council in the near future.Also, Usovicz says he'd like to inves- d things,about gas fumes next to my living room.I went and ex- tigate term limits."This commission could be a poster child in I� ppllained these things.Nothing seemed to sink in." the case for term limits,"he says. 58 HISTORIC PR£S£AVATION +r When anyone mentions"term limits" in connection with the historical corn- A, _ mission,all eves turn to John Carr. Carr, ` m a self-taught preservationist and self-pro- �n - claimed"unbelievable purist," has served on the commission for nineteen of its i twenry-five years.In that time,he's esrab- Iished a reputation as a stickler for derail— Ii or as one of his critics put it,a"nitpicker." s� _ But Carr makes no apologies for his record. "I am what I am. Would I want 1 seven John Carrs on the commission?No. But I bring a certain perspective. I know my architectural history.This isn't a hob- s by for me. I believe passionately in the work we do." Last fall Can's faith in chis work might have been sorely tested when his co-com- missioners overwhelmingly voted down his own proposed kitchen addition.Once again,neighborhood Architect Ann Beha, This last sentiment is sentiment played a pan as word went around that,with its large center,poses for a This echoed throughout the neigh- sections of glass, the addition would "resemble a Taco Bell." old House publicity borhood."Mvsense is that the Two neighbors even went so far as to cut down bushes on their photograph with the historic district is constantly own property to make sure the site of Carr's proposed structure Guinee family in the under pressure,"says Twohey. would be visible from the street and thus subject to the histor- back yard of their house. "And to those of us who live ical commission's review. here it's such a gem. It's extra- But Carr says he's not whining about the treatment he re- ordinarily fragile and extraordinarily important." ceived."It's part of the public process.Everybody has to play by "Maybe we are more feisty than other neighborhoods,"Carr the same rules." says."But it's because people care so deeply.We wouldn't fight Last November 1 the Guinees announced to the historical ifwe didn't care.And that's nor something that can come across commission that diev wanted to withdraw their application,thus in a television sound bite." giving up their fight for off-street parking."We ran out of time. We ran out of money.It's a hot topic in town.For right now,we "That!it for now. Until next time. lm Steve Thomas." decided to quit,"a grim-faced Kevin Guinee told Thomas on an And lin Norm Abram." episode of the program that was taped the next day. 'ForThis Old House." Public reaction was swift.Those letters began arriving at the local newspaper,at the television studios where This Old House EVIN AND DEBORAH GUINEE ARE SETIUD is produced, and at the Salem Historical Commission. "You into their renovated house now with their have done a disservice to historical groups all over the country, two young children and baby.Their cars are not to mention making your hometown look silly on national parked on the street, next to many of their television,"wrote a man FromAdanra."Due to the comm scion neighbors' cars. Arlene O'Shea says she is dragging their feet with unnecessary delays, the Guinees have grateful to the Guinees for coming to her husband's assistance been forced to withdraw their petition for the carriageway," during a February snowstorm. Bill Burns sports a This Old wrote a New Jersey woman. "$'s obvious to me that the witch House cap presented to him when he left the city council. hunts and trials are still occurring in Salem." "Salem may have had Nathaniel Hawthorne and other famous "No matter whose side of the story you hear, we were at people," he says. "But I think I'm the only one who ever fault,"says the commission chair,Helen Sides."People blamed achieved national pariah-ship." us for not doing enough or for doing too much." But, she The cameras caught many images of Salem,not all of them points out, many of the delays in this case were due to forces good, bur one truth showed up loud and clear: Here was a outside the commission's control—late revised drawings from neighborhood that wouldn't change its character even for the the architects, for instance.And the involvement of lawyers, sake of national television. Now,with die cameras long gone, alongwith the constant glare of the media spotlight,didn't help people have already taken up a new cause,a house on nearby either. Still, she's philosophical about the criticism the board Essex Street that needs saving.Thais how life goes here,and has taken."By its nature,the work of a historical commission that's how the McIntire Historic District endures,from Win- is adversarial,"she says.All in all I think the decisions we make dowgate to Waddle-loo to whatever it takes. s are correct and that the commission is a positive and necessary force—without a historical commission this pan of Salem Suzanne Freeman, who now hues two towns up the North Shore s could quickly becomederefict." fromSalem,hasjustpublitbedberferstnoveLThe CuckoosChild. 61AV I JUNE 1916 59 S �'_in ��. _ L ( � ` �. -`p �; ; ; y p � i �� ,; �t r ^�- �� ��� -� _� �� � .;, �- we,r-vll i1/9/rl/ t:0 T 2 \ �2R� ��irr�off' Salem Historical Commission ONE SALEM GREEN.SALEM,MASSACHUSETTS 0197:1 (978)745-9595 EXT.311 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 Cl 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: 124 Federal St. Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Extend deadline to install remaining three sets ofshutters on Lynn Street (per Certificated dated 8/7/95 & amended on 9//9/96)for one year. Dated: May 21, 1998 SALEM HISTORICAL COMMISSION By:— The homeowner has the option not to commence the work(unless it relates to resolving an ou tanding 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. ' T® MAY 14 t Salem Dept. t G12� U �r. n ly�kLo� p-w-t� b� - t�oV�e v--k6� ✓rc-ea��r,.�C�1oh-u Yk-va . l0 ,�.n.� �n.-a.�e cv�.ha-r �-�x�� / - �L9 -7b JAL joi N ens KEVIN AND DEBORAH GUINEE 124 FEDERAL STREET SALEM, MASSACHUSETTS 01970 " THIS OLD HOUSE " FROM AN ORIGINAL RENDERING BY DON MCKILLDP ONE BROAD STREET SALEM.MA 01970 `� s It w' d I < i` �R, a. w. �_ y� Z Y 4 w. ..tjv: `�1' �,, —!�"" j's-.,- _ r � u Y . �. F1- / _ rte. � "';.yr ,mss y, J ''r' 4 �; lgvTe�✓e�a� 1 k N lilt � V1,.• i� ,•t ? csa. a � • I 9i y �} � syr _ p `3�lr d�•u+ ��' AUG 1 � - r ;.t -- i � - �_- �, ;�. lS_ � J '��` � v ' �L;i..:T�9� i , i � +r. e ,. y�� '�" � r �y ii r q x. . �A- o - t `. - '1 ata � � _ ���:��"�`�'� L }y 10 I�14 4j S !l'✓ �. ,S 41 CERTIFICATE OF APPROPRIATENESS is hereby certified that the Salem Historical Commission has determined that the proposed: Construction ❑ Moving Reconstruction ;$� Alteration Demolition ❑ Painting Signage ❑ Other work described below will be appropriate to the preservation of said Historic District, as per the requirements set th in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. strict: McIntire (dress of Property: 124 Federal St. me of Record Owner: Kevin & Deborah Guinee scription of Work Proposed: place Lvnn St- side door a-ith Brosco 41100 painted black (opening at? opposite side.from existing). Extend uiline to install shutters on Lvnn Street (per Certificated dated 8/7195) for one year. Replacement c-l'Lvnn eet side bulkhead in kind. stood, painted black. Installation oJ'three robs o_l'black chain fencing hehveen mite hollards utilising previously existing link locations. ted: 9/19/96 SALEM HISTORICAL COMMISSION By: J / e homeowner has the option not to commence the work (unless it relates to resolving an outstanding 1lation). All work commenced must be completed within one year from this date unless otherwise indicated. IIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of ildings (or any other necessary permits or approvals) prior to commencing work. ing, head of theiWhite H tional rdomen into the workplace,and�ie Alyrefund said, if sh Economic Council. "But i has to be rising equality of pay between women and oyee, "not weighed against the fact that it could lead men.To keep the marriage bonus from be- o check, conclu Yankee home show upsets historians, homeowners By JENNIFER BROWN or openly enraged—when the show showcases crease installation costs and taxes. Associated Press Writer thrift over historic preservation "It's a once in a lifetime option,a bit like win- "They have to make the explanations because ning the lottery,"he said. "It takes a lot of re- NANTUCKET—Craig and Kathy McGraw they're This Old House,"'said Paul Vitali of the straint.and some are better at it than others." Bentley envisioned the quaint 19th-century National Trust for Historic Preservation. "By Dennis Duffy got$110,000 in free products farmhouse as a retreat where they would vaca- virtue of their name and approach,as the tate- when his Napa,Calif.,kitchen was renovated on tion with their children in the summers and one gory leader for over 20 years...they have a re- the show in 1994.But he also spent about$55,000 day retire. sponsibility to be accurate in what they're por- more than his$110,000 budget. A six-minute walk from Nantucket's cobble- traying." "You've got the one shot and you're trying to stone Main Street, the rundown cottage was a Homeowners generally decide the good out- get as much done as you can,"Duffy said. bargain at$481,000—half the price of neigh- weighs the bad and end up loving their new old Craig Bentley calls it"grandiosity creep." boring homes on the exclusive resort island. houses. "In that environment,you end up with a more ,�When the Boston-based home improvement Not the Bentleys. complete finished home,but with a more elabo- ,,show "This Old House" asked to feature the The Milk Street house has been on the market rate product than you fust envisioned,"Bentley :,,Bentleys' Milk Street home, the family felt since renovations were completed in June, told Nantucket Magazine. doubly blessed. nearly a year after the show finished filming in Homeowners also have run into trouble with Less than two years later, after contentious August 1996.The couple declined to specify why historic commissions,which have the final say meetings with historic officials and budget- they want to sell. on any changes that can be seen from the street busting expenses, the couple now hopes to sell Built in 1887,the house was an eyesore with on historic houses. the house and just break even. chipping paint and a rotting wood frame when Nantucket's Historic District Commission,the "It's certainly not what we anticipated,"Mrs. the Bentleys bought it in March 1996 planning third oldest in the nation and notoriously Bentley said. about$200,000 in renovations. finicky, challenged nearly every exterior pro- Although the Bentley case is extreme,the fam- Final cost:$341,000 for labor, materials and posal the Bentleys presented. ily's problems are not new for"This Old House," taxes on donated products. 'From the point of view of the producers of "which has weathered 19 seasons of do-it-yourself "We're concerned about the numbers,"Mrs. 'This Old House'it was a much more interesting house renovations to become the highest-rated Bentley told host Steve Thomas when the pro- story for them to take what looked like this show on public television. ject was just$60,000 over budget. simple little farm house and style it up,"said . Homeowners often become disenchanted by Producer Russell Morash acknowledged many Sandy Knox-Johnston,a member of the historic rgrandiosity creep" as expenses balloon.At the homeowners cannot refuse top-of-the-line prod- commission. "But it isn't appropriate to create "same time,historians are often disappointed— ucts donated to the show, even when they in- grandeur where it didn't exist before." Prices have fallen, but not on the items consumers notice From The Wall Street Journal It seems shop owners just can't Win. When prices go up,everyone f gripes.But when prices fall,as they have for many goods over the past year,no one even seems to notice. Take Crystal Powell, for in- stance. Shopping for Christmas presents at the Target store in Rocky Mount, N.C., she laments that"prices have gone up on just about everything" since last year. ,She has purchased Barbie dolls, bikes and play stations for her daughter, nieces and nephews. "I can't say prices have fallen at all." But, the fact is, they have. Ac- From Clambakes cording to the Bureau of Labor trust Statistics,toys declined a modest Cit t{7 1:6 percent during the 12 months that ended in November. And OFF- ,prices have fallen much more steeply on some o is. ^Video pro i leas; girls' percent,s gage cos plants,. r 4 S �t s.F y„ } I z S ' k -• ins �— � �.� `�'r re �° `� "� — 111 l+ Y } �r . 'ae4r4' F y 'r. ,r d`cp[U�Tt. t N }.Y Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (508) 745-9595 EXT. 311 FAX (508) 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: 124 Federal St. Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Replace rotting clapboards& Skirt Board on front of the house. Repaint in existing colors. No changes in color, material, design or outward appearance. Non-applicable due to being in kind maintenance. Dated: May 21, 1997 SALEM HISTO CAL CO MISSION 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. ►s ; lLa 7 i �f r �� .j �' � � /� � .'9 s:.�'.'� � � i i:� ,': � ,� � . . . �� Y.a g ,A !� �f 1P�'e� � ,9j'r gffC'� Salem Historical Commission ONE SALEM GREEN.SALEM,MASSACHUSETTS 01970 (508)745-9595 EXT.311 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: 124 Federal St. Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Replace existing fence across front of the house per drawings #2 &#3 dated 10118/95, painted white. Commission recommends that the center post be eliminated and be replaced with a hidden support post behind the fence. Dated: 11/16/95 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. ti� w� � 1 I�\1� OM1• w 4 _S M+� Ii` • �i` �� ,� '+ ` � _ ' � ' ' �! _� / .�_• �K ir" 4t1-2 , . h t r � F t ' "`s �I ii �� i Ali � ._ � �I' ,_ '�`h er I - �`..'? �. - - Iay e<✓e � / cL i jr s L. B <: ; lay/--��rP ,�c �d�r . r.� 8 i'9 � ��yj�e�e � ! �i IMPAIR l�—�/ l�,�c/ �� -�� � '�—�rif—.�_. � -�. _ Y r � �, :_. �` i �� '� _ � r, K '.! jam.. _M�31tli� _.M1,n d�� .♦ �. a_� h ''" T� c� ¢ `. ' ry�.�. � la �/��✓��.� �� �..; /. ' r 1 �.. 4 �- i� i i `� ���,jam. _ r. � 1� r r A D � 'i 1� �� ��� �1 �� � r 0 ��f�e� -2 /�i I N i I i r � 4 � % 4 r IM t �r .h. T -., s � � �: � + - .`. _ 1 �,;, � �i '�' _` Y r' �C.� ��` - a �'� . ♦ .: fid:' j`.. � 1, 1N�.:£. ,Y+, try� .fi �t:� �tI#�!- l ♦:'. •}. ` ii `` ;._ �� I��! z _ r fir - � _ - � _ �^ � _ l ' �,46 )<,_ /c4, r4� lid `'�— 4r Id- rf r4 ;a / �.� :�. *� ' .�_ 1 k:�a 3� ,I 1 r 1. �, �. f 4 H '� S In a Z 4 \�� .. _ i •' 1 1 ij�f, l �, 7 .. , i 4 ■ ` r r � 1 ` ■ ■ I1� Hnistofc � em P �Ew orated P.O. BOX 865 SALEM, MASSACHUSETTS 01970 / PHONE (508) 745-0799 October 4 , 1995 Salem Historic Commission City of Salem One Salem Green Salem, Massachusetts 01970 Re : 124 Federal Street Dear Historic Commission Members : I am writing on behalf of the Board of Directors of Historic Salem, Inc. ( "HSI" ) to express the Board' s concerns regarding the petition for the above property that is currently before your Commission. As you know, HSI is a nonprofit organization established to foster and encourage historic preservation in the City of Salem. A large number of HSI' s members are also residents of the McIntire Historic District . The current petition involves the partial demolition of 18th century and 19th century additions to an 18th century dwelling that is located in the heart of the Historic District to permit the construction of a garage. These changes to the property, unlike a change in paint color, would be permanent and irrevocable. Accordingly, the petition raises significant historic preservation issues, and we believe that HSI has a legitimate interest in both your petition process and your ultimate determination. HSI does not, at this time, take a position in favor of, or in opposition to, the petition. We note, however, that there are a significant number of 18th century and 19th century dwellings within the Historic District, which, due to the historic development of the neighborhoods, do not have garages or private driveways . Your decision with respect to the current petition will have substantial precedential value for subsequent petitioners who wish to make similar changes to their own properties in the Historic District . The balance that you choose to set between the historic preservation concerns of the Historic District and the property rights of its individual residents will have a significant impact on development in the Historic District for years to come . Salem Historic Commission October 4 , 1995 Page 2 We would like to thank the Historic Commission for its attention to our concerns . HSI will continue to monitor this petition, and may submit additional comments before the end of your determination process. Very truly yours, John Wathne, President Historic Salem, Inc . �NSUITI I 11� c WAINE 9U�! Salem Historical Commission ONE SALEM GREEN.SALEM,MASSACHUSETTS 01970 (508)745-9595 EXT.311 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: 124 Federal Street Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Installation of one or more low velocity rooffan(s) on rear elevations providing they are non-visible from Federal or Lynn Streets. It is suggested that they be placed on roof surfaces that are non-slate . Installation of no more than one 2"soffit vent per rafter spacing on the Federal and Lynn Street sides of the building, to be covered by screening, with screen and internal surfaces of holes to be painted trim color. Additional soffit vents (2"diamenter or continuous venting) may be added on facades not visible from Federal or Lynn Streets. Dated: 9/21/95 SALEM HISTORICAL COMMISSION i 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. Salem Historical Commissi®n ONE SALEM GREEN.SALEM,MASSACHUSETTS 01970 (508) 74-5-9595 EXT. 311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed will: ❑ 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: 124 Federal Street Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Approval of the concept to convert the first floor of rear ell facing Lynn Street as follows: Elimation of existing door, relocation of window as per plans submitted, installation ofgarage door pending the submission and approval of additional details, relocation of original bollards according to plan submitted conditional that the present number of bollards does not decrease. Approval conditional that paving material up to the new door be brick. Approval conditional that further details on bollards (i.e. definition of where each is moving from/to) be submitted and approved. Review of door and bollard details continued to the meeting of September 6, 1995. Dated: 8/18/95 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. I�. _. + 4� �\iA Jc Saiem Historical Commission ONE SALEM GREEN. SALEM.MASSACHUSETTS 01970 (508)745-9595 EXT.311 NOTICE OF VOTE RE: 124 Federal Street On Wednesday,September 6, 1995,the Salem Historical Commission,by a vote of four in favor and 3 opposed,voted to reconsider its conceptual approval to convert the first floor rear ell facing Lynn Street as per the application of Certificate of Appropriateness dated July 17, 1995 and submitted by Kevin and Deborah Guinee. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. September 26, 1995 Jane)A. Guy Clerk of the Commrssion cc: Building Inspector City Clerk JGUG\174fedre 'RPnme•! The Se . -- wrangling over de federal money to provide for child care and which subgroups(teen Letters to the editor mothers, ts) ing should Beed legal immigrants) should be denied • • which types of benefits—and for `This Old House' neighbors divided how unquestioned,however, was the basic premise of the Re- publican proposal: to end the fed- Supports the family eral guarantee of aid to fatherless Garage permit issue families,contained in the 1935 So- • cial Security Act,and hand over a in restoration project limited grant to states. was misrepresented Adding insult to injury, in To the editor. Moynihan's view, is the Clinton To the editor: I am writing this letter to support the Guinee fami- administration's receptivity to the 0 years, The Salem Evening News continues to ly and"This Old House" in their efforts to renovate a he said,no presideevolving Senate nt of ether par- state that. the issue between the (Salem) longstanding neighborhood eyesore. Historic Commission, the Gttinees. Chan- Our family has been residing in the McIntire Dis- ty has contemplated repealing any urity law. nel 2, and the neighbors of 124 Federal h-ict for several years.The historic flavor of the area pa"I cat not underof the Social st and how this Street is a garage. is what attracted us here originally. This is a vast oversimplification. However, the complaining faction to the proposed could be happening," Moynihan The real issue is that the proposed renovations need to step back and examine their own said in bewilderment on the floor. nted garage would be in the Lynn Street wing of backyards before condemning the endeavors of oth- might refuse to endoHe even hi Friday President 124 Federal Street and that this wing is also ers attempting to better theirs. attached to the O'Sheas' Lynn Street house. The Salem Heritage Trail runs down Federal president nt signs the bill.bid if the Apparently, in tate distant past, whoever Street. owned 124 ly Federal Street also owned the reservedors to our his oricyexpec homes. not peeling t to view tporticoes. diffcultfor Clinon,who pro�ed O'Shea house on Lynn Street. P now This is the fundamental reason the crumbling colonnades, weed-chokedgatdens. rotting -iii9is 92to"iming orthemiddle id leo O'Sheas and others are opposed to the fences and broken,uneven brick sidewalks. Historic Yheand in aiming re-election garage. is not synonymous with decrepit. William Russell Burns Jr. Good luck neighbors who applaud your vision.eborah.There are me p The climate on welfare is such Salem Wayne and Wendy Sholds that some senators"literally voted Salem against their sAinteressonamendment trgered the disosing bilin edu a elfare dollarDodd,D-of the De eteran "What they're used to is foran examp NFW!x ility," a romantic tradition,"Lee says. "Instead o : I, too, live in a re usten's classic 1811 novel, like a human being and getting sym ere are not only well people hex es plans a Dec.20 release. they have to DO things, they have ho require assistance with dressml Thompson,who studied English literature at Cam• movie. taking,etc.,as well as those who req bridge, wrote the screenplay for the film, and she "It's the Chinese nature to step back and let the If You don't like wheelchairs or and Producer Lindsay Doran had been searching for picture tell the story. Well, in the Western world a director for years.One who turned them down was they have something similar. They call it 'less is Mike Newell, who was busy with "Four Weddings more.,' and a Funeral."He later said Lee was an inspired Lee says he tried to restrain Grant, whose over- Tomorrow's HOrO choice,free from the encumbrances of a youth spent the-top performance in "Nine Months" was panned watching"Masterpiece Theater"and the BBC. by critics,as Edward,the wimpy hest-funder Elinor For Wednesday,Sept.20 Lee never had read Jane Austen before seeing the hopes to marry. script, which focuses on Proper Elinor and passion- He's a show stealer. You can't stop that," Lee YOUR LIFE:ImpHAPPY orttaant financial growtl Britiate Marianne, sisters struggling to find true love said. "I let him do,I have to say,less star stuff, the ated by a new partnership. Your power sh soceTystraints and hypocrisy of genteel Hugh Grant thing... and not(let) the movie serve are at an all-time high.You easilyowls. sell at] "I read the script about halfway and I thought, him,which is probably what he's used to now."Thompson's age was another challenge: Elinor is a Your goals.Januar 'They're crazy, what do I know about 19th-century 19 in the novel,(27 in the script)and the actress is 36. exciting employn England?"says Lee,who grew up in Taiwan and set- While she's perfect for the role of a woman whose ties. One-on-one tled in the suburbs after studying film at New York sense of decorum forces her to'conceal her emotions, flourish.Next May University. her character also demands a certain naivete, and business and please But Doran decided he'd be perfect after seeing Thompson is very sophisticated. •" tendency to over "The Wedding Banquet," a gentle comedy about a "It's a big,big job.We spent months workingon it. home repairs are e gay Chinese man in New York who stages a wedding I had to bring some Chinese skill,some tai ci skillCELEBRITIEl with a female friend to appease his parents. to help her relax,make her do things simpler,"Lee y THIS DAY: mov Forget about the fact that he's only made movies said. "I think it worked." Loren jazz great Je that are mostly in Chinese,"said Doran. "This kind Eventually, Lee had other cast members meditat- �e0112 hockey player Gu; of strict social code that sort of dictates what people irrg as well. tress Rachel Robert can and can't say and do is o much more familiar to "It was ret g Y DixonARIES (March him growing up in 20th-century Taiwan than it were all these pretty seon the floor and these pale- agree everything may not be resolved or sot would bed t people et America or Britain.He just un- looking actors were saying, 'What have we got our- views,auditions and meetings should g detstood it much better." selves into?'He was more Focused on body language day.Seek solitude on' t to rech It also didn't hurt that "The Wedding Banquet" than any director I've ever seen or heard o£•, arge yo took in$30 million at the box office on a$750,000 bud- Co-producer James Schamus says the culture to TAURUS a shrewd investment)Lookur fo get,and that"Eat Drink Man Woman,"made for just clash went both ways. $1.5 million,was shaping up to be a hit. "Ang, who is an incrediblyliterate nancial news!Contacts with friends and Lee was given$16 million to shoot"Sense and Sen- very non-verbal communicator, which o ,,an fates make or fun and relation busy bey'�ev sibility,"enough for elaborate ballroom scenes in genus mansions, hundreds of extras and a cast theBritish empire,"l said S hanew in erms s, of has known taGEMINI s MI jI(May 21-June 20):Iron ou includes Hugh Grant as Thompson's lov. ng paperwork or proced to des H t of"Heavenly Cr ' since New.York University film-school, and nothing good comes easy.Refuse t d the marvelous Alan rte the subtitles and English•s ing antes get to you.A major public re Prince of Thiev r ' et f_-d: ;afore films, duce wonderful results.Av ' plied the D S NI F.R l.7n-_�. 1930 LA.vo of /P�a�ccq O�/Y1aoFst'r �C�4L"r- ✓"/i✓ /930. A• h Q�/ygoPSKY i., m 9d 8C ge o 4 LOT ID. ESSEX RMISTRY OF❑EBDS�SO.pI87.SALID1�WfG. ,y gg4 s.FT a Riea[val_�.3Ar.�,A}93G. •lth�_�� ° ryz:ateowln• 6-"Sokrl to-eIFU - So.�«� Rae.B..t$ HP_ S_ lllad No._��t93Q• 3 VI \ � /Y/ga•�^3 .. 'ill d 1, S U � C � Z 1x° 6zicr OrvFlG/N6 r; a:c a f w i �n a COMMONWEALTH OF MASSACHUSETTS ESSEX , SS . SUPERIOR COURT CIVIL NO : 95-2011 JAMES O ' SHEA and ) ARLENE O ' SHEA , ) Plaintiffs ) vs . 3EIVEP THE CITY OF SALEM , JAMES A . BAILEY , JOHN ) Salem vlawling uepl. J . CARR , JR . , WALTER H . ) COOK, JOHN H . CASEY , ) LANCE KASPARIAN , ) DOUGLAS J . KELLEHER, ) RICHARD H . OEDEL , HELEN ) F . SIDES and RUSSELL ) M. SLAM , as they are ) members of the SALEM ) HISTORICAL COMMISSION ) and KEVIN GUINEE and ) DEBORAH GUINEE , ) Defendants ) CLERK, SALEM HISTORICAL COMMISSION ONE SALEM GREEN SALEM, MA 01970 Dear Clerk : Enclosed please find copies of Complaint and Summons with reference to the above-captioned matter . Service of Process is effectuated upon you pursuant to Massachusetts Rules of Civil Procedure , Rule 4 (d ) ( 3 ) . JAMES O ' SHEA and ARLENE O ' SHEA , By eir attor ey, JO T. SKE Y BB # 465500 Skerry 6 Morrison Six Lynde Street Salem , MA 01970 ( 508 ) 745-9481 Dated : September 8 , 1995 JtN lyyy COMMONWEALTH OF MASSACHUSETTS ESSEX. SS. SUPERIOR COURT CIVIL ACTION DOCKET NO. 95-2022B KEVIN GUINEE & DEBORAH GUINEE, ) Plaintiffs ) V. ) THE CITY OF SALEM, ET ALS, ) Defendants ) MEMORANDUM OF CHRONOLOGY OF EVENTS IN OPPOSITION TO PLAINTIFF'S APPLICATION FOR INJUNCTIVE RELIEF Now comes the Salem Historical Commission and offers the following chronology of events in opposition to the Plaintiff's application for injunctive relief: 1. On July 17, 1995 the Salem Historical Commission ("the Commission") received a single page application for a certificate of appropriateness ("the application") from Kevin and Deborah Guinee relative to certain work they proposed at 124 Federal Street, Salem, Massachusetts, a two family dwelling they own located at the northwest corner of Federal and Lynn Streets. 2. The area in question is located in the McIntire Historic District, a local historic district established pursuant to Chapter 40C of the Massachusetts General Laws ("Chapter 40C"). 3. In their application, a copy of which is attached hereto as Exhibit A, the Guinees described their proposed work in its entirety as follows: Convert room on first floor that abuts property on Lynn Street to portico. Drawings and material proposed will be submitted by 8-7-95. Change slate roof to asphalt - rear hip only at main bldg. (Emphasis added) The second sentence was added over the phone after the filing of the original application. 4. Section 11 of Chapter 40C provides in relevant part: The commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least fourteen days before said hearing in such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as they appear on the most recent real estate tax list . . . 5. Pursuant to Commission regulations those entitled to notice are defined as "abutters and abutters of abutters to the subject property," which (according to the Salem Assessor records) breaks down to the following properties owned by the following individuals: Address Owner(s) a. Federal Street 134 Mello 128 Heaton 1261/2 Heaton 126, Unit 1 McIntosh 126, Unit 2 Derrico 122 Lebovici 120 Twohey 117 Heagney/Gavvin 121 Lenney 123 Maguire Address Owner(s) b. Lynn Street 1 O'Shea 3 Brandt/Roka 7 Atchison/Milford 9 Doggett 11 Forsberg c. Carpenter Street 10 Smith 8 Karydis 6 Chefitz/Frost 4 Duda d. Munroe Street 10 Hartfelder 6 L'Heureux Address Owner(s) e. Essex Street 358 Krueger 360 Freedberg 362 Maloney I. Andover Street 11 EichmanNount 6. A hearing on the Guinee's application was scheduled by the Commission for Wednesday, August 16, 1995 at 7:30 p.m. According to the Notice of Hearing that was sent out on August 2, 1995, a copy of which is attached hereto as Exhibit B, the description of the Guinees' proposed work consisted of the following single sentence: Alteration of first floor rear ell, alteration of rear hip roof on main building (Emphasis added) 7. There are in fact two rear ells to the building, one along Lynn Street, literally attached to the adjacent building at 1 Lynn Street, owned by James and Arlene O'Shea, and the other extending at the left rear of the property. 8. On August 8, 1995 (less than 14 days from the August 16, 1995 scheduled hearing) the Commission received from John Tracey of Ann Beha Associates, Inc., an architectural firm at 33 Kingston Street, Boston, Massachusetts, representing the Guinees, a "west elevation" of the building, a "first floor plan," and a "site plan." Mr. Tracey's cover letter indicated these were "to supplement the application form which has already been filed." 9. Thus anyone reviewing the records at the Commission between the Notice of Public Hearing and August 7, 1995 would have had no idea of what was actually proposed with respect to the garage issue. 10. Under any definition the actual proposed garage door opening is neither a portico or a porte cochere. 11. According to the "west elevation" submitted on August 8, 1995 the work proposed was not a "portico", as indicated in the Guinee's July 16, 1995 application, but the replacement of the existing side door with a window, and the construction of a 9' x 7'6" garage door (also described as a "porte cochere" on the accompanying "first floor plan") in substitution of an existing first floor window, the garage door opening located within a few feet of the adjacent property at 1 Lynn Street owned by the O'Sheas. Attached hereto as Exhibit C(1) - C(4) are copies of said cover letter and accompanying west elevation, first floor plan, and site plan. 12. In addition to the issue of whether the work described in the Guineas' July 17, 1995 application was accurate, or whether the description of the proposed work in the Notice of Hearing was adequate (i.e. reasonably 3 calculated to apprise interested parties of what was proposed), it was subsequently learned as a result of the September 6, 1995 public hearing that the following properties/owners entitled to notice of the Guinees' application as a matter of law were not in fact sent a Notice of Hearing by the Commission: Address Owner(s) 7 Lynn Street Atchison/Milford 9 Lynn Street Doggett 11 Lynn Street Forsberg 6 Munroe Street L'Heureux 358 Essex Street Krueger 360 Essex Street Freedberg 362 Essex Street Maloney 13. At the August 16, 1995 hearing the Commission unanimously approved a certificate of appropriateness "to replace rear of hip roof of main building from slate to black or slate gray asphalt due to the finding that the rear slope of hip being minimally visible and excessive cost of slate." 14. Also at the August 16, 1995 hearing, unaware of the discrepancy between the description of the proposed work on the original application and on the submitted plans, the Commission voted 5 to 2 to grant "conceptual approval" of the plans which were submitted on August 8, 1995, which approval was expressly subject to final approval at a later date of specific design details involving the door and relocation of the existing bollards. 15. The August 16, 1995 hearing was filmed by a television crew from This Old House, which is basing a series of programs around the Guinees' rehabilitation of the 124 Federal Street property. Later several people attending the hearing complained of the "chilling effect" and "intrusive nature" of the filming, including at the September 6, 1995 hearing. 16. Subsequently a staff member of the Commission's issued a certificate of appropriateness indicating "approval of the concept to convert the first floor el facing Lynn Street," which certificate attempted to summarize the details remaining to be resolved. Attached hereto as Exhibit D is a copy of said "conceptual" certificate of appropriateness. 17. A continued hearing on the Guinees' application was subsequently scheduled for Wednesday, September 6, 1995 at 7:30 p.m. The Notice of Hearing described the proposed work as follows: Alteration of first floor rear ell and change in venting. 18. In the interim, word of the actual work proposed and the Commission's "conceptual approval" circulated throughout the neighborhood, which resulted in a packed audience at the September 6, 1995 hearing. Unlike the August 16, 1995 hearing, the September 16, 1995 hearing was not filmed. 4 19. The Guinees appeared at the September 6, 1995 hearing without their architect. No plans relative to the remaining design issues were filed by them, nor have any been filed to date. They did, however. appear with their lawyer, David McBride, Esq., of Danvers, Massachusetts. 20. At the September 16, 1995 hearing the Commission read into the record 11 letters from local neighbors, each of which requested a rehearing for various reasons, including insufficiency of the original notice. In addition the Commission heard oral testimony and/or argument from 10 individuals, including attorney Jon Skerry of Salem, Massachusetts representing James and Arlene O'Shea (1 Lynn Street) and Mr. McBride. Of the 8 neighbors orally testifying, all but one requested a re-hearing. This included oral and written testimony from Timothy Doggett (9 Lynn Street), afod-ffom-Frances, AtGhLaQn and EI ' , who each claimed not to have received the Notice of Hearing of the original August 16, 1995 hearing, as required, a fact later confirmed by the Commission. In addition, it was later determined that the following other defined abutters, had not received the required notice of the August 16, 1995 hearing: Address Owner(s) a. Munroe Street 6 L'Heureux b. Essex Street 358 Krueger 360 Freedberg 362 Maloney 21. In answer to attorney Skerry's criticism of the inadequacy of the original notice and request for a re-hearing, Mr. McBride not only raised no issue concerning notice of reconsideration at the September 6, 1995 hearing, but made an affirmative statement at the outset that the Commission did in fact have discretion to vote a reconsideration, arguing however that the Commission should not exercise its discretion in favor of such a reconsideration, but should instead reaffirm its original August 16, 1995 vote. 22. After discussion and debate by the Commission following the oral and written testimony, the Commission voted 4 to 3 in favor of re-consideration, indicating that a continued hearing would be scheduled as soon as possible within a few days. It was assumed at the time that an additional 14 days' notice would be required. Based on this assumption, discussion at the end of the hearing revolved around the continued hearing being scheduled for a date between September 21, 1995 and October 3, 1995, all interested parties to be later notified through the mail. 23. Also at the September 16, 1995 hearing, several members of the Commission expressed surprise at the September 6, 1995 hearing that a 5 "conceptual" certificate of appropriateness could have been issued at all, indicating instead that a certificate of appropriateness should not have been issued until all of the design details had been resolved. 24. At the time of the September 6, 1995 hearing the Commission members were not aware of any impediment to the continued hearing posed by Section 11 of 40C, which provides in relevant part: As soon as convenient after such public hearing but in any event within sib days after the filing of the application . . . or within such further time as the applicant may allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within such period of time the commission shall thereupon issue a certificate of hardship. (Emphasis added) 25. On Thursday, September 6. 1995, prior to the scheduling of the continued hearing, the Commission's clerk reviewed the date of the Guinees' original application (i.e. July 17, 1995) and determined that the Commission must act by Thursday, September 14, 1995 or Friday, September 15, 1995, depending on whether the 60 days commenced running on July 17, 1995 or July 18, 1995. Thereupon the continued hearing was scheduled for Wednesday, September 13, 1995 at 7:30 p.m. New notices were thereupon sent out (to all persons entitled to notice) on Friday, September 8, 1995, and a telephone message was left with a person answering at the Guinees' residence that afternoon. 26. After reviewing Chapter 40C, and checking with Andrew Verkennis, Director of Local Government Programs, of the Massachusetts Historic Commission, who confirmed its interpretation, the Commission determined that a continued hearing does not require an additional 14 days' notice, since the original 14 day notice already occurred. (The Guinees have not filed a new application; the only application before the Commission is their original July 17, 1995 application, which has never been amended or corrected with respect to the garage issue.) 27. Given the fact that the Commission must act (conservatively) before Thursday September 14, 1995, and the above history, the Commission feels that said notice of the September 13, 1995 continued hearing is reasonable under the circumstances. 28. Also on Friday, September 8, 1995, 19 days after the certificate of appropriateness with respect to the "conceptual approval" of the Lynn Street change was filed with the Salem City Clerk, James and Arlene O'Shea filed a Complaint with the Essex Superior Court (Civil Docket No. 95-2011A) appealing said certificate. Again, at the September 6, 1995 hearing, many of the Commission members (including those voting in favor of the 6 conceptual approval) expressed surprise that a certificate had been issued at all prior to the resolution of the final design issues. 29. On or about Tuesday, September 11 , 1995 the Guinees filed their within Complaint (Civil Docket No. 95-2022B) appealing the September 6, 1995 vote to reconsider (as opposed to final approval or denial of their July 17, 1995 application, neither of which has occurred). 30. The Commission has also been informed that the Guinees will be seeking injunctive relief on Wednesday, September 13, 1995 at 2:00 p.m., and that they will be basically arguing irreparable harm posed by the September 13, 1995 scheduled hearing due to the fact that their architect is unable to attend the September 13, 1995 continued hearing; 31. Such problem could be easily cured, however, by the Guinees' agreeing to toll the 60-day period only until such time as their architect could be present. 32. Again, the Guinees' architect was not present at the September 6, 1995 hearing, nor have any of the follow-up plans been filed to date. 33. The Guinees have not been harmed by the September 6, 1995 vote to reconsider, since they could not have commenced work on the garage until first approval of the design issues in any event. 34. The public is entitled to reasonable notice of what was proposed and a reasonable opportunity to be heard prior to any action on the Guinee application. For many people speaking at the September 6, 1995 hearing, the issue was not a micro one of door design or bollard realignment, but a macro one of whether the garage should be allowed at all, for which they (i.e. the abutters) have still not been given a reasonable opportunity to be heard. 35. Finally, in view of the O'Sheas' appeal of the September 6, 1995 "conceptual" certificate of appropriateness, as unintended as it may have been for several commission members, it is unlikely the overall issue of the garage will be resolved in an expedited fashion in any event. The Salem Historical Commission September 13, 1995 By John H. Carr, Jr., Esq., Vice Chairman 7 River Street Salem, MA 01970 7 !> RECENK JUL 17 1995 Salem 1'k' sting wept. ?IE SALE.%' ;:nEEN. dnLEM. idASSACH.USE. 50797C ^S1 7a5-9595 EXT. -:7 APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Pursuant to the Historic District's Act (M.G.L. Chapter 40C) and the Salem Historical Commiss. Ordinance, application is hereby made for issuance of a Certificate of Appropriateness for: ❑ Construction ❑ Moving ❑ Reconstruction Z Alteration ❑ Demolition ❑ Painting ❑ Sign ❑ Other as described below. District: "a.1,1-4 '(P- Building Construction Date, if known: 9"4 Address of Property: I Z4 frr e7e_ral 5+ n 'It Ice- Name of Record Owner: KeyM nod 1h�) rn h Description of Work Proposed: (Please attach required scale drawings, paint chips and/or samples of work and material proposed, wh. applicable.) : L J �JPrI' rcmtl'1 01-1 ��r,3t loor -+�j Qb(jjts � l-x(111 fit- b �co �1 clod ma�cr�al �r� gill re.. dub m i {+� by `6 - � •�,� r tea r— /,I,.G' U Signature of Owner: Tel. Mailing address: 1J` City: Lem Stater Zip: C 9, 5'aieni .-IISTOrlcal ::GE-.+.. !.I GREEE i aASSACHUSE?7S 01970 745-9595, ext. 311 NOTICE OF HEARING The Salem Historical Commissicn will give a public heariig•ito all persons interested in the a-pplication of: Kevin h Deborah Guinee on the property at: 124 Federal St. concerning: Alteration of first floor rear ell alteration or rear hip_rpof on main building. F Date of hearing: f-edne=day. Aupust 16, 1995 Time of hearing: 7 : 30 n.m. Location of hearing: One Salem Creen By Order of the Salem Historical Commission Cle V of the C mmission I Ann Beha Associates, Inc. 33 KINGSTON STREET ■ 130STON a MASSACHUSETTS 021 I 1 ■ TEL:617 338 3000 ■ FAX:617 482 9097 LETTER OF TRANSMITTAL Date: 2 August 1994 To: Jane Guav Salem Historic Commission AUG 0 � IYYJ Planning Department City of Salem %—Rale 11 d-9tautlu79 wept, 1 Salem Green Salem, MA 01970 Re: August 16 Historic Commission Meeting 124 Federal Street-505 We are sending you: 0 Attached ❑ Under separate cover via ( I the folio«ine items: COPIES DATE NO. DESCRIPTION 2 7/31/ Site Plan 95 2 8/2/95 First Floor Plan 2 8/2/95 West Elevation 2 Photo of existing West Elevation These are transmitted as checked below: ❑ For approval ❑ For review and comment ❑ Returned for corrections ❑ For your use ❑ Approved as submitted ❑ Other ❑ As requested ❑ Approved as noted ❑ FOR BIDS DUE 19 REMARKS: Enclosed please find two sets of drawings showing the proposed exterior, architectural, changes to the house located at 124 Federal Street. These are to supplement the application form which has already been filed. If more information is required, please feel free to contact me. XC: Bruce Irving, This Old House D.06 Signed: EX /4 ( 5 /7 CC-2) u � Q'S'' . I tr. F •4 1 1 �`h��� l.�bT ELEVATIDN ' 'n BthaAfsooiklet".[te "`D"" IZ+ FWFZAL. 6TpEEr ;�.,>r mrrw mars Kn 5wA '4i mll111 DAR 8�2�95 $Gu I, )OR'909 omm By ,} mrinna�ooq,.ruKlaru-mi. NEW OPEI4F64 'o NEW C,oRPGG NEW UK DDDR. (,LIL PoR1E. Co[.liCRE.. 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MASS Salem Historical U,012 MISSIOHIK's office ONE SALEM GREEN.SALEM.MASSACHUSETTS 01S%0 1508) 7:5.9595 EXT. 311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed will: ❑ 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: 124 Federal Street Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Approval of the concept to convert the first floor of rear ell facing Lynn Street as.follows: Elimaiion of existing door, relocation of window as per plans submitted, installation of garage door pending the submission and approval of additional details. relocation of original bollards according to plan submitted conditional that the present number of bollards does not decrease. Approval conditional that paving material up to the new door be brick Approval conditional that fiirther details on bollards (i.e. definition of where each is movingfirom/to) be submitted and approved. Review of door and bollard details continued to the meeting of September 6, 1995. Dated: 8/18/95 SALEM/HISTORICAL COMMISSION T 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 ISNOT 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. Sahel -Hasroric.2i �.Iommisslon ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 15081745-9595 EXT 311 NOTICE OF HEARING The Salem Historical Commission will give a public hearing to all persons interested in the application of: Kevin & Deborah Guinee on the property at: 124 Federal Street concerning: Continuation of applicant's 7/17/95 application for conversion of first floor that abuts property on Lynn Street to portico. Date of Hearing: Wednesday, September 13, 1995 Time of Hearing: 7:30 p.m. Location of Hearing: One Salem Green, 2nd Floor Conference Room By Order of the Salem Historical Commission Jane A. Clerk oft e Commission COMMONWEALTH OF MASSACHUSETTS ESSEX. SS. SUPERIOR COURT CIVIL ACTION DOCKET NO. 95-2022B KEVIN GUINEE & DEBORAH GUINEE, ) Plaintiffs ) V. ) THE CITY OF SALEM, ET ALS, ) Defendants ) MEMORANDUM OF CHRONOLOGY OF EVENTS IN OPPOSITION TO PLAINTIFF'S APPLICATION FOR INJUNCTIVE RELIEF Now comes the Salem Historical Commission and offers the following chronology of events in opposition to the Plaintiff's application for injunctive relief: 1 . On July 17, 1995 the Salem Historical Commission ("the Commission") received a single page application for a certificate of appropriateness ("the application") from Kevin and Deborah Guinee relative to certain work they proposed at 124 Federal Street, Salem, Massachusetts, a two family dwelling they own located at the northwest corner of Federal and Lynn Streets. 2. The area in question is located in the McIntire Historic District, a local historic district established pursuant to Chapter 40C of the Massachusetts General Laws ("Chapter 40C"). 3. In their application, a copy of which is attached hereto as Exhibit A, the Guinees described their proposed work in its entirety as follows: Convert room on first floor that abuts property on Lynn Street toop rtico. Drawings and material proposed will be submitted by 8-7-95. Change slate roof to asphalt - rear hip only at main bldg. (Emphasis added) The second sentence was added over the phone after the filing of the original application. 4. Section 11 of Chapter 40C Provides in relevant part: The commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least fourteen days before said hearing in such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as they appear on the most recent real estate tax list . . . 5. Pursuant to Commission regulations those entitled to notice are defined as "abutters and abutters of abutters to the subject property," which (according to the Salem Assessor records) breaks down to the following properties owned by the following individuals: Address Owner(s) a. Federal Street 134 Mello 128 Heaton 1261/2 Heaton 126, Unit 1 McIntosh 126, Unit 2 Derrico 122 Lebovici 120 Twohey 117 Heagney/Gavvin 121 Lenney 123 Maguire Address Owner(s) b. Lynn Street 1 O'Shea 3 Brandt/Roka 7 Atchison/Milford 9 Doggett 11 Forsberg c. Carpenter Street 10 Smith 8 Karydis 6 Chefitz/Frost 4 Duda d. Munroe Street 10 Hartfelder 6 L'Heureux 2 Address Owner(s) e. Essex Street 358 Krueger 360 Freedberg 362 Maloney f. Andover Street 11 EichmanNount 6. A hearing on the Guinee's application was scheduled by the Commission for Wednesday, August 16, 1995 at 7:30 p.m. According to the Notice of Hearing that was sent out on August 2, 1995, a copy of which is attached hereto as Exhibit B, the description of the Guinees' proposed work consisted of the following single sentence: Alteration of first floor rear ell, alteration of rear hip roof on main building (Emphasis added) 7. There are in fact two rear ells to the building, one along Lynn Street, literally attached to the adjacent building at 1 Lynn Street, owned by James and Arlene O'Shea, and the other extending at the left rear of the property. 8. On August 8, 1995 (less than 14 days from the August 16, 1995 scheduled hearing) the Commission received from John Tracey of Ann Beha Associates, Inc., an architectural firm at 33 Kingston Street, Boston, Massachusetts, representing the Guinees, a "west elevation" of the building, a "first floor plan," and a "site plan." Mr. Tracey's cover letter indicated these were "to supplement the application form which has already been filed." 9. Thus anyone reviewing the records at the Commission between the Notice of Public Hearing and August 7, 1995 would have had no idea of what was actually proposed with respect to the garage issue. 10. Under any definition the actual proposed garage door opening is neither a portico or a porte cochere. 11. According to the "west elevation" submitted on August 8, 1995 the work proposed was not a "portico", as indicated in the Guinee's July 16, 1995 application, but the replacement of the existing side door with a window, and the construction of a 9' x 7'6" garage door (also described as a "porte cochere" on the accompanying "first floor plan") in substitution of an existing first floor window, the garage door opening located within a few feet of the adjacent property at 1 Lynn Street owned by the O'Sheas. Attached hereto as Exhibit C(1) - C(4) are copies of said cover letter and accompanying west elevation, first floor plan, and site plan. 12. In addition to the issue of whether the work described in the Guinees' July 17, 1995 application was accurate, or whether the description of the proposed work in the Notice of Hearing was adequate (i.e. reasonably 3 calculated to apprise interested parties of what was proposed), it was subsequently learned as a result of the September 6, 1995 public hearing that the following properties/owners entitled to notice of the Guinees' . application as a matter of law were not in fact sent a Notice of Hearing by the Commission: Address Owner(s) 7 Lynn Street Atchison/Milford 9 Lynn Street Doggett 11 Lynn Street Forsberg 6 Munroe Street L'Heureux 358 Essex Street Krueger 360 Essex Street Freedberg 362 Essex Street Maloney 13. At the August 16, 1995 hearing the Commission unanimously approved a certificate of appropriateness "to replace rear of hip roof of main building from slate to black or slate gray asphalt due to the finding that the rear slope of hip being minimally visible and excessive cost of slate." 14. Also at the August 16, 1995 hearing, unaware of the discrepancy between the description of the proposed work on the original application and on the submitted plans, the Commission voted 5 to 2 to grant "conceptual approval" of the plans which were submitted on August 8, 1995, which approval was expressly subject to final approval at a later date of specific design details involving the door and relocation of the existing bollards. 15. The August 16, 1995 hearing was filmed by a television crew from This Old House, which is basing a series of programs around the Guinees' rehabilitation of the 124 Federal Street property. Later several people attending the hearing complained of the "chilling effect" and "intrusive nature" of the filming, including at the September 6, 1995 hearing. 16. Subsequently a staff member of the Commission's issued a certificate of appropriateness indicating "approval of the concept to convert the first floor el facing Lynn Street," which certificate attempted to summarize the details remaining to be resolved. Attached hereto as Exhibit D is a copy of said "conceptual" certificate of appropriateness. 17. A continued hearing on the Guinees' application was subsequently scheduled for Wednesday, September 6, 1995 at 7:30 p.m. The Notice of Hearing described the proposed work as follows: Alteration of first floor rear ell and change in venting. 18. In the interim, word of the actual work proposed and the Commission's "conceptual approval" circulated throughout the neighborhood, which resulted in a packed audience at the September 6, 1995 hearing. Unlike the August 16, 1995 hearing, the September 16, 1995 hearing was not filmed. 4 19. The Guinees appeared at the September 6, 1995 hearing without their architect. No plans relative to the remaining design issues were filed by them, nor have any been filed to date. They did, however, appear with their lawyer, David McBride, Esq., of Danvers, Massachusetts. 20. At the September 16, 1995 hearing the Commission read into the record 11 letters from local neighbors, each of which requested a rehearing for various reasons, including insufficiency of the original notice. In addition the Commission heard oral testimony and/or argument from 10 individuals, including attorney Jon Skerry of Salem, Massachusetts representing James and Arlene O'Shea (1 Lynn Street) and Mr. McBride. Of the 8 neighbors — orally testifying, requested a re-hearing. This included oral and written testimony from Timothy Doggett (9 Lynn Street),.aad-xam-Frances_ _AtccbsotLand-€Itiott-Milford-(7-Lynn-Street),—who ea& claimed not to have received the Notice of Hearing of the original August 16, 1995 hearing, as required, a fact later confirmed by the Commission. In addition, it was later determined that the following other defined abutters, had not received the required notice of the August 16, 1995 hearing: Address Owner(s) a. Munroe Street 6 L'Heureux b. Essex Street358 Krueger / 360 Freedberg ,Ly..rJ 362 Maloney 21. In answer to attorney Skerry's criticism of the inadequacy of the original notice and request for a re-hearing, Mr. McBride not only raised no issue concerning notice of reconsideration at the September 6, 1995 hearing, but made an affirmative statement at the outset that the Commission did in fact have discretion to vote a reconsideration, arguing however that the Commission should not exercise its discretion in favor of such a reconsideration, but should instead reaffirm its original August 16, 1995 vote. 22. After discussion and debate by the Commission following the oral and written testimony, the Commission voted 4 to 3 in favor of re-consideration, indicating that a continued hearing would be scheduled as soon as possible within a few days. It was assumed at the time that an additional 14 days' notice would be required. Based on this assumption, discussion at the end of the hearing revolved around the continued hearing being scheduled for a date between September 21, 1995 and October 3, 1995, all interested parties to be later notified through the mail. 23. Also at the September 16, 1995 hearing, several members of the Commission expressed surprise at the September 6, 1995 hearing that a 5 "conceptual" certificate of appropriateness could have been issued at all, indicating instead that a certificate of appropriateness should not have been issued until all of the design details had been resolved. 24. At the time of the September 6, 1995 hearing the Commission members were not aware of any impediment to the continued hearing posed by Section 11 of 40C, which provides in relevant part: As soon as convenient after such public hearing but in any event within sixty days after the filing of the application . . . or within such further time as the applicant may allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within such period of time the commission shall thereupon issue a certificate of hardship. (Emphasis added) 7 25. On Thursday, September 1995, prior to the scheduling of the continued hearing, the Commission's clerk reviewed the date of the Guinees' original application (i.e. July 17, 1995) and determined that the Commission must act by Thursday, September 14, 1995 or Friday, September 15, 1995, depending on whether the 60 days commenced running on July 17, 1995 or July 18, 1995. Thereupon the continued hearing was scheduled for Wednesday, September 13, 1995 at 7:30 p.m. New notices were thereupon sent out (to all persons entitled to notice) on Friday, September 8, 1995, and a telephone message was left with a person answering at the Guinees' residence that afternoon. 26. After reviewing Chapter 40C, and checking with ewverkennis, Director of Local Government Programs, of the Massachusetts Historic Commission, who confirmed its interpretation, the Commission determined that a continued hearing does not require an additional 14 days' notice, since the original 14 day notice already occurred. (The Guinees have not filed a new application; the only application before the Commission is their original July 17, 1995 application, which has never been amended or corrected with respect to the garage issue.) 27. Given the fact that the Commission must act (conservatively) before Thursday September 14, 1995, and the above history, the Commission feels that said notice of the September 13, 1995 continued hearing is reasonable under the circumstances. 28. Also on Friday, September 8, 1995, 19 days after the certificate of appropriateness with respect to the "conceptual approval" of the Lynn Street change was filed with the Salem City Clerk, James and Arlene O'Shea filed a Complaint with the Essex uperior Court (Civil Docket No. 95-2011 A) appealing said certificate. Ag in, at the September 6, 1995 hearing, many of the Commission members (i cluding those voting in favor of the 6 conceptual approval) expressed surprise that a certificate had been issued at all prior to the resolution of the final design issues. 29. On or about Tuesday, September 11 , 1995 the Guinees filed their within Complaint (Civil Docket No. 95-202213) appealing the September 6, 1995 vote to reconsider (as opposed to final approval or denial of their July 17, 1995 application, neither of which has occurred). 30. The Commission has also been informed that the Guinees will be seeking injunctive relief on Wednesday, September 13, 1995 at 2:00 p.m., and that they will be basically arguing irreparable harm posed by the September 13, 1995 scheduled hearing due to the fact that their architect is unable to attend the September 13, 1995 continued hearing; 31 . Such problem could be easily cured, however, by the Guinees' agreeing to toll the 60-day period only until such time as their architect could be present. 32. Again, the Guinees' architect was not present at the September 6, 1995 hearing, nor have any of the follow-up plans been filed to date. 33. The Guinees have not been harmed by the September 6, 1995 vote to reconsider, since they could not have commenced work on the garage until first approval of the design issues in any event. 34. The public is entitled to reasonable notice of what was proposed and a U reasonable opportunity to be heard prior to any action on the Guinee application. For many people speaking at the September 6, 1995 hearing, the issue was not a micro one of door design or bollard realignment, but a �titl ` macro one of whether the garage should be allowed at all, for which they �cSfv1 (i.e. the abutters) have still not been given a reasonable opportunity to be heard. 35. Finally, in view of the O'Sheas' appeal of the September 6, 1995 "conceptual" certificate of appropriateness, as unintended as it may have been for several commission members, it is unlikely the overall issue of the garage will be resolved in an expedited fashion in any event. The Salem Historical Commission September 13, 1995 By John H. Carr, Jr., Esq., Vice Chairman 7 River Street Salem, MA 01970 7 RECE!VEI- JUL 17 1995 Salem ewiling Uept. .*ald'.:_'1 Jd33misSion :aE �.:LE'.' .;n EEia �.:Lciv1. t�I::S.],>i:iiUr J197C ^91 715-9595 EXT -, APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Pursuant to the Historic District's Act (M.G.L. Chapter 40C) and the Salem Historical Commiss. Ordinance, application is hereby made for issuance of a Certificate of Appropriateness for: ❑ Construction ❑ Moving ❑ Reconstruction 'R] Alteration ❑ Demolition ❑ Painting ❑ Sign ❑ Other as described below. District: "s, 41 te_ Building Construction Date, if known: 9-6, Address of Property: 124 Fener(l i `z)+ n ri u Ice- Name eeName of Record Owner: Kevin n o d I 0-7 na Description of Work Proposed: (Please attach required scale drawings, paint chips and/or samples of work and material proposed, wh. applicable.) canvPr}' FL-CM v(t5t loop -1- Ct} l-�i,r1 `fit �co �l and m4-k.rla_I �ra Lu) I r e. Jub rn i +gyp= oy 1�5 Signature of Owner: Tel. 4:-45- 4 1 Mailing address: City: � Stater Zip:&q-G� !.'.ASSACHUSET' S0:970 745-9595, ext. 311 NOTICE OF HFARING The Salem Historical Commission will give a public heari;g•,to all persons interested in the application of: Kevin � Deborah Cuinee on the property at: 124 Federal St. concerning: Alteration of first floor rear ell alteration or rear hip .r.0of on main building. F Date of hearing: t'ednesday. August 16. 1995 Time of hearing: 7: 30 Location of hearing: One Salem Creep By Order of the Salem Historical COmmissiOu L� Cle v of the C mmission Ann Beha Associates. Inc. 33 KINGSTON STREET ■ BOSTON s MASSACIITJSETTS 02111 ■ TEL:617 338 3000 ■ FAX:617 482 9097 LETTER OF TRANSMITTAL Date: 2 August 1994 To: Jane Guay Salem Historic Conunission AUG 0 b IYYy Planning Department City of Salem +�tll@fIl J lea„ru,i� EiBQt 1 Salem Green Salem, MA 01970 Re: August 16 Historic Commission Meeting 124 Federal Street- 505 We are sending you: 0 Attached ❑ Under separate cover via the follow ng, items: COPIES DATE NO. DESCRIPTION 2 7/31/ Site Plan 95 2 8/2/95 First Floor Plan 2 8/2/95 West Elevation 2 Photo of existing West Elevation These are transmitted as checked below: ❑ For approval ❑ For review and comment ❑ Returned for corrections ❑ For your use ❑ Approved as submitted ❑ Other ❑ As requested ❑ Approved as noted ❑ FORBIDS DUE 19 REMARKS: Enclosed please find two sets of drawings showing the proposed exterior, architectural, changes to the house located at 124 Federal Street. These are to supplement the application form which has already been filed. If more information is required, please feel free to contact me. Xc: Bruce Irving, This Old House D.06 Signed: r 5 l7 C CIL Y`I D 7 cif: : , �h• W .ff •w i aF�� ,,!'//y��°T`"' t� WF�T EIEVAtlarl IV1f7lJBtAtt JOtlilfCJbJ�tr �)� 11k FWWAL- STiZFZT iFymrrlw mm./«rt>h�kuu4nmmulu o.'n sallyIoe� on "By �} mgin J*M..M1{gIN40"'. :f NEW OPER96-4 o NEW C-AKAEG NW cure POOR, CLIC POM �rcKE Nag I "AA46 eOT. PXK WrTN NWWN 9 Po+dlFf_ .MLV RCL"41 Pl:l. 77- KfiZN�l. FAMILY._.. .._. RFF_' Fa .y } Trru FIRST FLWR PLAN rRDlrcr. 124 FEDER<1_ 6Tw-er 5risn Beha:4ssociates;Inc. alnfm++r•Kaln+•Kuu 1i oil ii DAII St:n12 luny DIMWN or Z? 7- C (y) . 'Ay 576 g 592 � sig s rS .� nu lee. °e rt ,e uo _ F ,E D E R A L 04 o 3 A :,9fp 0 53� x, , k 537 R0� epoo_ v � 41(jf Y1t Al sFII.IQIFIA t____________- .. Ith FEoc�at- smu�a' `JIR.FFT �,ir1 N aaol�r Cf�nn Beha Associates,Ina 124 FVVMNL 6T. 131 .iIMIRt[II•,[R,ON•I0.4AGiNLrn01111DAl Ina r ,a am lv w+•,.uan�,,.rorr "C 7191195 SUIE 1/Ii N n' Wlq D""ay I ✓.r ,� ��' AUG 21 2 23 fli X95 CITY 01 SALTM. MASS � Salem szorical COMMiSSIOnn's 0f'I ICF ONE SAID GREEN.SALEM.MASSACHUSETTS 01970 (508) 7459595 EXT. 311 CE=ICATE OF APPROPRIATENESS It is hereby certified that the Salem Hisdodcal Commission has determined that the proposed will: ❑ Construction ❑ Moving ❑ Reconstruction ❑ Alteration t ❑ Demolition ❑ Painting ❑ Signage ❑ Other work as described below will be appropriatelpthe preservation of said Historic District, as per the requirements set forth in the Historic District's Act (M.GS.. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 124 Federal Street Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Approval of the concept to consist the first floor of rear ell facing Lynn Street as.follows: Elimation of existing door, relocation of window as per plans submitted, installation ofgaroge door pending the submission and approval of additional details. relocation of original bollards according to plan submitted conditional that the present number of bollards does not decrease Approval conditional that paving material up to the new door be brick Approval conditional that further details on bollards (i.e. definition of where each is moving from/to) be submitted and approved. Review of door and bollard details continued to the meeting of September 6, 1995. Dated: 8/18/95 SALEM/HISTORICAL COMMISSION 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 ISNOT 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. ONE SALEM GREEfN. SALEM. MASSACHUSETTS C 1970 508) 745.9595 EXT 3i1 NOTICE OF NEARING The Salem Historical Commission will give a public hearing to all persons interested in the application of: Kevin & Deborah Guinee on the property at: 124 Federal Street concerning: Continuation of applicant's 7/17/95 application for conversion of first floor that abuts property on Lynn Street to portico. Date of Hearing: Wednesday, September 13, 1995 Time of Hearing: 7:30 p.m. Location of Hearing: One Salem Green, 2nd Floor Conference Room By Order of the Salem Historical Commission Jane A. Clerk oft e Commission F 09/13/1995 09:33 5087773940 MADIGAN & MCBRIDE PAGE 02 FORM 494 - SUMMONS WITH OFFICERS RETURN HOBBS R WARREN. ING PUBLISHERS OUGES TECUM REVISED DEC. 1971 BOSTON. MASS. cLl�r ttlmttmvlttttr�itl� it# �u,�l�ttrl�u,�el#1� Essex ................................sr. ............... ..sex Y�LI.........i nq-Aly,..Secretary................................ Salem Historical Commission ... ............ ....................................................................................................................................... ... . One Salem Greeny 2nd Floor .......................-................................................ . .............. ............ .................... - -- Sslem,---MA . ... ................................170greeting. Eau arr tierehg rommanZieb. :oc unme :,f The Contsnonu,,alth of Nfatbadl)usals, t& appear before the.......Essex..Supexlgr...........................Court.........34.Federal.Street ............................ holden at.......Salem within and for the county of....... Essex . .............. onthe...........13th.................................................day of..............saptember........... ...... . at .........2.;00...............o'clock in the.....xfter.noon, and from day to day thereafter, until the action bereinafter named is beard by said Court, to give etidence of what you know relating to an action Civil.action..,._ _._„then and there to be heard and tried between----------- .......... ........... .... . ..... -----------------Kevin.Guinea-and-Deborah_Guinea_..._.._.-.-..----._.........Plaintigs , and ........................................... Historical Commission...et.al........------------Defendant and you are further -squired to bring ailh.you ..all notes.,,_minutes,._records.t..tape..recordings_t transcriptions or any other materials relating to the public hearing..of„the... . . . .................... ........ Salem,.Historical..Commission..e£._Septemhex...EII- .995....-.................................................. .1.... ............ .... ..-- ----...... . ............................ •. -----............. ........... ............................_........... .......... ............................................................................................................................................................... ................................. .......... ................-.......................................................I...........I.......... .......... .................................................................................................................. . .----------------------- _-_ ......... .......... ...............................................................--------....... -------------- .................................................. ii[rreaf fail not. as you will answer your default under the pains and penalties in the law is that Gchalf ,wade and provided. natedat ........Danvers ................the.-- ._.....13th---......................dayof.....Septwber. A. D, 1995 ATRUE COPY till n ATnDiana M. Rolfe °` r-E:--xxxxxRXXX%Xx CON C3iARD S.WINER My Carmission Expires: 3/31/2000 r* NOTE: Please call Attorney David C. McBride at 777-7733 if you have any questions regarding this subpoena. RF-GES'dLzD 0 f') 1005 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT i'i -:,•,..,;t ::`'nt. CIVIL ACTION No. 95-2022 B Kevin Guinee and Deborah Guinee ........................,Plaintiff(s) u. The City of Salem, e.t als SUMMONS AND ORDER OF NOTICE To the above-named Defendant:s You are hereby summoned and required to serve upon David C. McBride, Esquire plaintiff's attorney, whose address is 160 Sylvan Street, Danvers, MA 01923-3562 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded 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 plaintiff's 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 front making such claim in any other action. WE ALSO NOTIFY YOU that application has been made in said action, as appears in the complaint, for a preliminary injunction and that a hearing upon such application will be held at the court house at said Essex Superior Court in the "B" session without jury of our said court on Wednesday, the 13th day of September A. D. 19 95 . at 2:00 PM o'clock A M., at which you may appear and show cause why such application should not be granted. ROBERTA. N1 LL(GAf Witness, n, squire, at Salem, the 11th day of September , in the year of our Lord one thousand nine hundred and ninety- Clerk. ATR OPY A E 7 Dep Serif / NOTES: �7 1 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. '_. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. COMMONWEALTH OF MASSACHUSETTS ESSEX, SS . SUPERIOR COURT CIVIL ACTION NO. KEVIN GUINEE and ) DEBORAH GUINEE, ) Plaintiffs ) V. ) COMPLAINT THE CITY OF SALEM, JAMES A. ) BAILEY, JOHN J. CARR, JR. , ) WALTER H. COOK, JOHN H. ) CASEY, LANCE KASPARIAN, ) DOUGLAS J. KELLEHER, RICHARD ) H. OEDEL, HELEN F. SIDES and ) RUSSELL M. SLAM, as they are ) the members of the SALEM ) HISTORICAL COMMISSION, ) Defendants ) INTRODUCTION This is an action seeking a declaratory judgment, pursuant to Massachusetts General Laws, Chapter 231A, and further seeking injunctive relief, restraining and enjoining certain actions of the Salem Historical Commission. PARTIES 1. The plaintiffs, Kevin Guinee and Deborah Guinee ("Mr. & Mrs. Guinee") , are residents of Salem, Essex County, Massachusetts. 2 . The defendant, The City of Salem, is a municipality within the Commonwealth of Massachusetts 3 . The defendants, James A. Bailey, John J. Carr, Jr. , John H. Casey, Walter H. Cook, Lance Kasparian, Douglas J. Kelleher, Richard H. Oedel, Helen F. Sides and Russell M. Slam, all of Salem, Essex County, Massachusetts, are the members of the Salem Historical Commission, acting under the authority of Massachusetts General Laws, Chapter 40C. 1 The addresses of the Salem Historical Commission members are as follows: a. James A. Bailey, 81 Essex Street, Salem, MA b. John J. Carr, Jr. , 7 River Street, Salem, MA c. John H. Casey, 17 Flint Street, Salem, MA d. Walter H. Cook, 7 Chestnut Street, Salem, MA e. Lance Kasparian, One Arbella Street, Salem, MA f. Douglas J. Kelleher, 12 Brown Street, Salem, MA g. Richard H. Oedel, 6 Curtis Street, Salem, MA h. Helen F. Sides, 35 Board Street, Salem, MA i. Russell M. Slam, 9 Forrester Street, Salem, MA 4. Mr. & Mrs. Guinee are the owners of the residential property located at 124 Federal Street, Salem, Essex County, Massachusetts (the "Property") . 5. The Property is located within a historic district, as determined by the Salem Historical Commission, and the Salem Historical Commission therefore has jurisdiction regarding certain aspects of construction or alteration regarding the exterior architectural features of the Property. CLAIMS 6. On July 17, 1995, Mr. & Mrs. Guinee filed with the Salem Historical Commission an Application for Certificate of Appropriateness, regarding certain construction and alterations which Mr. & Mrs. Guinee wished to do at the Property. 7 . On August 16, 1995, the Salem Historical Commission held a public hearing on Mr. & Mrs. Guinee's Application for Certificate of Appropriateness. 8 . After such public hearing, the Salem Historical Commission voted to grant a Certificate of Appropriateness to Mr. & Mrs. Guinee, giving conceptual approval to allow Mr. & Mrs. Guinee to obtain a building permit to begin construction of the conversion of the first floor of the rear ell by eliminating the existing door, relocating windows, installing a garage and a garage door and relocating certain bollards. A copy of the Salem Historical Commission's Certificate of Appropriateness, issued on August 18, 1995, is attached hereto as Exhibit A. 9. At the meeting of the Salem Historical Commission on September 6, 1995 , the Salem Historical Commission, without prior public notice that such action would be entertained, voted to reconsider its decision granting the Certificate of Appropriateness issued to Mr. & Mrs. Guinee on August 16, 1995. 2 10. After the vote was taken on September 6, 1995 to reconsider the granting of said Certificate of Appropriateness, the Salem Historical Commission advised Mr. & Mrs. Guinee, and the members of the public present at such hearing, that a new public hearing would be held with regard to Mr. & Mrs. Guinee's Application for Certificate of Appropriateness, and that public notice of such new public hearing would be given at least fourteen (14) days before such new hearing. The Salem Historical Commission further indicated at that time that the hearing would be scheduled for September 27, 1995, provided that the hearing room was available on that date. 11. On or about September S, 1995, a telephone message was left at the home of Mr. & Mrs. Guinee, by a representative of the Salem Historical Commission, indicating that the new public hearing regarding Mr. & Mrs. Guinee's Application for Certificate of Appropriateness, would be held on Wednesday, September 13, 1995 at 7 : 30 p.m. , rather than Wednesday, September 27, 1995 at 7 : 30 p.m. On Saturday, September 9, 1995, Mr. & Mrs. Guinee received, in the mail, a notice indicating that the new public hearing regarding the aforementioned Application for Certificate of Appropriateness would occur on Wednesday, September 13 , 1995 at 7 :30 p.m. 12 . By scheduling a new public hearing on the Certificate of Appropriateness requested by Mr. & Mrs. Guinee with oral notice to Mr. & Mrs. Guinee of only five (5) calendar days, and written notice to Mr. & Mrs. Guinee of only four (4) calendar days, the Salem Historical Commission has failed to comply with the specific requirements of Massachusetts General Laws, Chapter, 40C, Section 11, which requires that public notice of a hearing for any such application be given at least fourteen (14) days before said hearing. 13 . The Salem Historical Commission has exceeded its authority and failed to comply with the specific procedural notice requirements set forth in Massachusetts General Laws, Chapter 40C, Section 11, and the failure to comply with such requirements removes this matter from the jurisdiction of the Salem Historical Commission, and makes void any action to be taken at such a meeting by the Salem Historical Commission. 14 . Mr. & Mrs. Guinee will suffer irreparable injury if the Salem Historical Commission is allowed to proceed and vote on the aforementioned Application for Certificate of Appropriateness at its meeting of September 13 , 1995. 3 15. Mr. & Mrs. Guinee believe and therefore aver that they have a strong likelihood of success on the merits in this action. 16. This Court has jurisdiction to specifically enforce the provisions of Massachusetts General Laws, Chapter 40C, pursuant to Massachusetts General Laws, Chapter 40C, Section 13 . 17 . Mr. & Mrs. Guinee believe, and therefore aver, that any harm that may be suffered by the Salem Historical Commission as a result of the injunctive relief requested herein will be nominal, and is outweighed by the irreparable injury likely to occur to Mr. & Mrs. Guinee if such injunctive relief is not granted. PRAYERS FOR RELIEF WHEREFORE, Mr. & Mrs. Guinee request that this Court order the following: 1. Restrain and enjoin the Salem Historical Commission, its agents, servants, employees and assigns, from hearing the issues and voting on Mr. & Mrs. Guinee's Application for Certificate of Appropriateness, at its meeting of September 13, 1995, and that the Salem Historical Commission be ordered to comply with the notice requirements of Massachusetts General Laws, Chapter 40C, Section 11 with regard to any hearing scheduled to take up the issue of the aforementioned Application for Certificate of Appropriateness; 2 . That this Court make a binding declaration that the public notice given by the Salem Historical Commission on September 8, 1995, of its proposed September 13, 1995 public hearing is void and invalid, as it is in violation of Massachusetts General Laws, Chapter 40C, Section 11; and 3 . That Mr. & Mrs. Guinee be awarded their costs, expenses and attorneys' fees of bringing this action, pursuant to M.G.L. Chapter 40C, Section 12A. Respectfully submitted, Kevin Guinee and Deborah Guinee, Plaintiffs, By their attorney, David C. McBride B.B.O. No. 326910 Madigan & McBride 160 Sylvan Street Danvers, MA 01923-3562 (508) 777-7733 4 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. KEVIN GUINEE and ) DEBORAH GUINEE, ) Plaintiffs ) V. ) THE CITY OF SALEM, JAMES A. ) BAILEY, JOHN J. CARR, JR. , ) WALTER H. COOK, JOHN H. ) CASEY, LANCE KASPARIAN, ) DOUGLAS J. KELLEHER, RICHARD ) H. OEDEL, HELEN F. SIDES and ) RUSSELL M. SLAM, as they are ) the members of the SALEM ) HISTORICAL COMMISSION, ) Defendants ) AFFIDAVIT OF DEBORAH GUINEE I , Deborah Guinee, under oath, depose and state as follows: 1. My husband, Kevin Guinee, and I, are the plaintiffs in the above captioned civil action. 2 . My husband, Kevin Guinee, and I, are the owners of the real estate located at 124 Federal Street, Salem, Massachusetts (the "Property") . 3 . The Property is located within a historic district in the City of Salem, Massachusetts, and therefore certain aspects of construction and alteration of the exterior of the Property fall under the jurisdiction of the Salem Historical Commission. 4 . On July 17 , 1995, I filed an Application for Certificate of Appropriateness with the Salem Historical Commission with regard to certain construction and alteration work which my husband and I proposed to do at the Property. 5. A public hearing was held by the Salem Historical Commission on August 16, 1995 regarding our request for an Application for Certificate of Appropriateness regarding the work we planned to do at the Property. 6. At the public hearing on August 16, 1995, our historical architect, Anne Beha Associates, made a presentation to the Salem Historical Commission regarding the work we proposed to do at the Property. 7 . After such presentation, and after the various abutters and other neighbors were heard on the issue, the Salem Historical Commission voted to grant to us two Certificates of Appropriateness. S. The first Certificate of Appropriateness was related to work to be done on the roof at the property. The second Certificate of Appropriateness related to the conversion of the first floor of the rear ell at the Property into a garage, including the elimination of an existing door, the relocation of a window, the relocation of certain bollards and the installation of a garage and garage door. This entire concept was approved by the Salem Historical Commission at this August 16, 1995 hearing, and the Comnission requested that I return for their September 6, 1995 meeting, in order to present certain remaining details regarding the garage door and the bollards. 9 . At the public hearing of the Salem Historical Commission on September 6, 1995, without any public notice that such an action would be entertained, the Salem Historical Commission voted to reconsider its granting to us of the Certificate of Appropriateness referenced above. 10. After much debate, discussion and public input at such meeting of September 6, 1995, the reconsideration vote was taken and carried. 11. After this reconsideration vote was taken and carried, the Salem Historical Commission advised my husband and me, as well as of the members of the public present at such meeting, that a new public notice and a new public hearing were required, and that we would be given at least fourteen (14) days notice of the new hearing date. 12. At the September 6, 1995 Salem Historical Commission meeting, the Salem Historical Commission further indicated they could not have the meeting on September 20, 1995, because there was not enough time to give the appropriate notice. They then concluded that the meeting would most likely take place on September 27, 1995 at 7 : 30 p.m. , provided that the hearing room was available on that night. At the conclusion of the September 6, 1995 meeting, the Salem Historical Commission advised my husband and me, as well as the members of the public present at such meeting, that we would all be given at least fourteen (14) days notice confirming the new meeting date. 13 . h� the September 6, 1995 Salem Historical Commission meeting, after the reconsideration vote was taken, the Salem Historical commission members indicated that they could not yet schedule a site visit at the Property, because they needed to have a new public hearing first, and the process would have to start anew, before such a site visit could be scheduled. 14 . on Friday, September 8, 1995, a message was left for me at my house by a representative of the Salem Historical Commission, indicating that the new public hearing regarding our Application for Certificate of Appropriateness concerning the garage would be held on September 13, 1995, and not on September 27, 1995 as previously indicated. 15. We have accordingly been provided only five (5) days oral notice, and four (4) days written notice (received by mail on Saturday, September 9 , 1995) of the public hearing of the Salem Historical Commission to take place on September 13 , 1995. This notice fails to comply with the fourteen (14) day notice requirement of M.G.L. Chapter 40C, Section 11. 16. My husband and I will be irreparably harmed and prejudiced if the Salem Historical Commission is allowed to consider this issue and vote on this issue of our Application for Certificate of Appropriateness at its meeting of September 13, 1995 . We will not have appropriate time to prepare and present our petition. In particular, our historical architect, Anne Beha Associates, is out of state and unavailable to make her presentation on our behalf. Our architect also has all of the necessary plans which are fundamental to our petition and necessary to present a proper case. 17 . Due to the fact that we have not been given the required fourteen (14) day notice of the new public hearing, we will not be able to properly meet with our attorney and architect, in order to properly prepare our case. We also will not have enough time to properly discuss this issue in depth with the abutters and our neighbors of the Property, who would likely support our petition. 18 . We therefore respectfully request that this Court require that the Salem Historical Commission comply with the provisions of Chapter 40C, Section 11, and that proper fourteen (14) day notice of any commission hearing be given for any public hearing to be held by the Salem Historical Commission. Signed under the pains and penalties of perjury this lith day of September, 1995. Deborah Guinee Trial Court of Massachusetts DOCKET NUMBER ! CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT 1 Essex Division PLAINTIFF(S) DEFENDANT(S) Kevin Guinee and Deborah Guinee City of Salem, et al ATTORNEYS)FIRM NAME, ADDRESS AND TEL.) (508) 777-7733 ATTORNEY(S)(i(kr n) David C. McBride, Esq. 160 Sylvan Street, Danvers, MA 01923-3562 Board of Bar Overseers N (Required) 326910 ORIGIN CODE AND TRACK DESIGNATION Race an ® in one box only: ® 1. F01 Original Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c231, S. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from ❑ 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? D13 Declaratory Judgment-Injunction ( A) ❑ Yes ® No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) The plaintiffs bring this action seeking a declaratory judgment and injunctive relief preventing the Salem Historial Commission from holding a meeting on September 13, 1995 to discuss and vote on the plaintiffs' Application for Certificate of Appropriateness. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: N/A 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. N/A SIGNATURE OF ATTORNEY OF RECORD OR PLAINTIFF DATE DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered BY ❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District DATE ❑ 2. During jury trial or non-jury hearing Court under G.L. c.231, ❑ 3. After jury verdict s.102C. DISPOSITION ENTERED ❑ 4. After court finding Disposition Date By ❑ 5. After post trial motion DATE COMMONWEALTH OF MASSACHUSETTS ESSEX , SS . SUPERIOR COURT CIVIL NO : 95-2011 JAMES O ' SHEA and ) ARLENE O ' SHEA , ) Plaintiffs ) VS . ) THE CITY OF SALEM, ) JAMES A . BAILEY , JOHN ) J . CARR , JR. , WALTER H . ) COOK, JOHN H. CASEY , ) LANCE KASPARIAN , ) DOUGLAS J . KELLEHER , ) RICHARD H. OEDEL , HELEN ) F . SIDES and RUSSELL ) M. SLAM, as they are ) members of the SALEM ) HISTORICAL COMMISSION ) and KEVIN GUINEE and ) DEBORAH GUINEE , ) Defendants ) CLERK , SALEM HISTORICAL COMMISSION ONE SALEM GREEN SALEM , MA 01970 Dear Clerk: Enclosed please find copies of Complaint and Summons with reference to the above-captioned matter . Service of Process is effectuated upon you pursuant to Massachusetts Rules of Civil Procedure , Rule 4(d ) ( 3 ) . JAMES O ' SHEA and ARLENE O ' SHEA , By eir attor ey, JO T. SKER Y BB # 465500 Skerry & Morrison Six Lynde Street Salem , MA 01970 ( 508 ) 745-9481 Dated : September 8 , 1995 (TO PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved: — TORT — MOTOR VEHICLE TORT — CONTRACT — EQUITABLE RELIEF — OTHER.) COMMONWEALTH OF l-ASSACHUSFTTS ESSEX,ss. SUPERIOR COURT a ]CIVIL ACTION U U o ..........................JAMES O'SHEA, ET AL _.... , Plaintiff(s) r' _ - O' - a 0 , V 111 N u o U m _._..---_.SALEM__HISTORICAL._COMMISSION, Defendant(s) o T.G v 'J' SUMMONS To the above named Defendant: You are hereby summoned and required to serve upon ......_......Jon_T._-Skerry-._................._.................. a2 plaintiffs attorney, whose address is .......Six_Lynde_-Strut...... aiem,_,IA...A19..7D... , an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you,exclusive of the Z day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded 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. L 3 a � Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may 's 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. c 9 w r � .7 wl-rNESS, Robert A. Mulligan, Esquire, at Salem, the 8th z o lav of September in the year of our Lord one thousand 4 c nine hundred and ninety-five. zh w my o _ o = u E 'cO rl-s: I. This aV:mnr.ns is issued r!rsua.=.[is Rule 4 of;he ''vs-:hu;ctG S c,ea of Cvi1 Prcce-du¢. 2. when more than ale defendant is in}ol cd, the names of all defefa%nu should appear in the caption. If a separate summons is asci 1,r tach defendant.each should L•c addressed to the panicu'ar de.`e:.dant. Gffiee 1,450 PROOF OF SERVICE OF PROCESS I hereby certify and return that on ................................................................ ' 199 1 served a copy of the within summons, together with a copy of the complaint in this action, upon the within-named defendant, in the following manner(See Mass. R. Civ. P. 4 (d) (I-5): - ...... ...... ............-...... . . --------------------------...........................------------------------------------------------------............................. ................................................................................................................................................ ------------------------------- ---------------------------------------------------------------------------..........------------------------------ ................................ Dated: 199 ........................... .............. ..... ....-......----------------------- N.B. TO PROCESS SERVER:— PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT. 199 rt 43 H C4 a 0 U0 W w Ur. OU Qi �F+ O d a j M U Z c ¢ V) U Z +.J: � '-tic O > W o:tC. m U 3U ? z U �: O < G Q 0- Cn C y 0,7 W mi ); W COMMONWEALTH OF MASSACHUSETTS ESSEX , SS . SUPERIOR COURT II CIVIL NO : 0 JAMES O ' SHEA and ) ARLENE O ' SHEA , ) Plaintiffs ) VS . ) THE CITY OF SALEM , ) JAMES A . BAILEY , JOHN ) C014PLAINT J . CARR , JR . , WALTER H . ) COOK, JOHN H . CASEY , ) LANCE KASPARIAN , ) DOUGLAS J . KELLEHER , RICHARD H . OEDEL , HELEN ) F . SIDES and RUSSELL ) M . SLAM, as they are ) members of the SALEM ) HISTORICAL COMMISSION ) and KEVIN GUINEE and ) DEBORAH GUINEE , ) Defendants ) INTRODUCTION This is an appeal , pursuant to Massachusetts General Laws , Chapter 40C , Section 12A of a decision of the Salem Historical Commission ( the "Commission " ) to grant a Certificate of Appropriateness to allow the conversion of a structure to a garage and install a driveway at 124 Federal Street , Salem ( the "locus " ) . PARTIES 1 . Plaintiffs , James O ' Shea and Arlene O ' Shea , are individuals residing in and owning the land at 1 Lynn Street , Salem and are abutters to the locus . 2 . The City of Salem is a municipality within the Commonwealth of Massachusetts . 3. Defendants , James A . Bailey , John J . Carr , Jr. , John H . Casey , Walter H . Cook , Lance Kasparian , Douglas J . Kelleher , Richard H . Oedel , Helen F. Sides and Russell H . Slam, all of Salem, Essex County , Massachusetts were at all times relevant to the i matters in this Complaint members of the Selem ii Historical Commission acting under the authority of Massachusetts General Lat.s ; Chapter 40C . III The addresses of the Commission members are as follows : i I ? JRM2S P . Railed, P1 c_ce�;; Street , Salem , NA b. John J . Carr , Jr. , 7 River Street , Salem , MA C . John H . Casey , 17 Flint Street , Salem , I4A d . Walter H . Cook , 7 Chestnut Street , Salem , MA e . Lance Kasparian , 1 Arbella Street , Salem , MA f. Douglas J . Kelleher , 12 Brown Street , Salem, MA g . Richard H . Oedel , 6 Curtis Street , Salem , , MA h . Helen F. Sides , 35 Broad Street , Salem , MA i . Russell M . Slam , 9 Forrester Street , Salem , MA 4. Defendants , Kevin Guinee and Deborah Guinee , are , on information and belief , individuals residing at 15 Cambridge Street , Salem , MA and are the original applicants for the Certificate of Appropriateness which is the subject of this Complaint . 5 . On August 16 , 1995 , the Salem Historical Commission held a public hearing on said application for a Certificate of Appropriateness . 6 . By a Certificate of Appropriateness that was filed with the Salem City Clerk on August 21 , 1995 , defendant Commission granted a "conceptual approval and conditional approval " to defendants , Kevin and Deborah Guinee that allowed them to obtain a building permit to begin construction of the garage conversion with respect to the property located at 124 Federal Street , Salem , Essex County , Massachusetts . A copy of the Commission ' s Certificate of Appropriateness is attached hereto as Exhibit "A " . 7 . Defendants , Kevin and Deborah Guinee , in their application for a Certificate of Appropriateness to the Commission stated nothing about converting a portion of the locus to a garage and adding a driveway. I 8 . A copy of this application is attached hereto as Exhibit " B" . ii 9 . As required by Chapter 40C , Section 11 , the Commission mailed a Notice of Hearing to plaintiffs and other abutters regarding defendants , Kevin and Deborah Guinee ' s Application for a Certificate of Appropriateness . This Notice of Hearing made no mention of any garage conversion or installation of a driveway. A copy of the Notice of Hearing is attached hereto as Exhibit "C" 10 . Following the Commission ' s "conceptual approval " and "conditional approval " and the issuance of I the Certificate of Appropriateness , numerous abutters to LII C" 1VLUJ I��u 4l. 1;11LLV11 VUl�lp 14111LJ t,U 1.IIC 1.V1��111-Is:J1VII concerning the Commission ' s inadequate notice regarding the nature , scope and breadth of work to be done and the inappropriate historical nature of this garage conversion and driveway. The abutters requested a new hearing before the Commission . 11 . 0n September 6 , 1995 , at a public hearing before the Commission , the Commission voted 4 votes to 3 to reopen the proceedings and to schedule a new hearing with regard to the conversion of the locus to a garage and the installation of a driveway. 12 . At the September 6 , 1995 hearing , several members of the Commission expressed surprise that a 11conceptual approval " and "conditional approval " resulted in the issuance of a Certificate of Appropriateness . 13 . The plaintiffs state that the Notice of Public Hearing required by Chapter 40C was wholly inadequate and II defective as a matter of law . 14 . The plaintiffs state that the Commission was without authority to issue a Certificate of Appropriateness because the Commission violated its own rules and procedures . 15 . The plaintiffs state that the Commission ' s decision in issuing a "conceptual approval " and "conditional approval " is based upon legally untenable grounds and is unreasonable , arbitrary and not supported by the evidence . I � 16 . The decision of the Commission granting the Certificate of Appropriateness exceeded the authority of the Commission . The plaintiffs state the decision of the Commission was unsupported by the evidence . 17 . The plaintiffs are persons aggrieved within the meaning of Massachusetts General Lads , Chapter 40C , Section 12A . i I I i I i li II WHEREFORE , the plaintiffs herein request this Court to enter judgment annulling the decision of the Commission and granting such further relief as this Court I � deems just and proper including , but not limited to , the issuance of a Temporary Restraining Order , Preliminary Injunction and Permanent Injunction . JAMES O ' SHEA and ARLENE O ' SHEA , B their attorney �DNj T. SKERRY% BBO # 465500 Skerry & Morrison Six Lynde Street Salem , MA 01970 ( 508 ) 745- 9481 Dated : September 8 , 1995 i I i I I I i �I - 4 - 1`d it 1 G t � i:: ��:u.l M. HQJ Salem Historical ��r�r�rssd�r� ; t,t {t :eE ONE SALEM GREEN.SALEM. MASSACHUSE%.= X1='3 508)745-9595 EXT.311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed will: ❑ 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: 124 Federal Street Name of Record Owner: Kevin & Deborah Guinee Description of Work Proposed: Approval of the concept to convert the first floor of rear ell facing Lynn Street as follows: Elimation of existing door, relocation of window as per plans submitted, installation ofgarage door pending the submission and approval of additional details. relocation of original bollards according to plan submitted conditional that the present number of bollards does not decrease. Approval conditional that paving material up to the new door be brick Approval conditional that further details on bollards (i.e. definition of where each is moving from/to) be submitted and approved. Review of door and bollard details continued to the meeting of September 6, 1995. Dated: 8/18/95 SALEM HISTORICAL COMMISSION The honleonner has the option not to continence the work (unless it relates to resoh ina an outsia dine violation). All work commenced must be completed within one year from this date unless othcr-aise iodic ',ed. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain die appropriate permits from the Insp ctur of Buildings (or anv other necessary pem?its or approvals) prior to comnlencin_ work. RECENE >:U .JUL 17 19yti ' - 581em k'w",una uepr. iE SALE'. ancE:v.S.ALETA. ...:SSACH.0 J197_ °^81 7a5-0595 EXT. APPLICATION FOR A CERTIFICATE OF .APPROPRIATENESS Pursuant to the Historic District's Act (M.G.L. Chapter 40C) and the Salem Historical Commissio Ordinance. application is hereby made for issuance of a Certificate of Appropriateness for: ❑ Construction ❑ Moving ❑ Reconstruction 0 Alteration ❑ Demolition ❑ Painting ❑ Sign ❑ Other as described below. n n District: � ✓ A,r2 Building Construction Date, if known: Address of Property: 12 4 �Qf7efQ 1 -5+ - n luie� Name of Record Owner: Key t o nod �� t �t11 n D �, Description of Work Proposed: (Please attach required scale dratvings, paint chips and/or samples of x•ork and material proposed, tvhe applicable.) JP� FDOM 01) .fr5+ Rooms -t ai abci its ?MP26\/ 0-� -b eco �1- clw, and ria-I-rta..l j"i-b m i SiunaWre of O-,ner: Tel---' : V45LL . :,.;. ice, �n r n 0 City: Stater Zip: J ,—_. ter`: �c✓ t 745-9595, ext. 311 NOTICE OF HEARING The Salem Historical Commission will give a public hearing to all persons interested in the application of: Kevin F Deborah Cuinee on the property at: 124 Federal St. concerning: Alteration of first floor rear ell alteration or rear hiD rsof on main building. Date of hearing: Wednesday August 16, 1995 Time of hearing: 7: 30 D.m. Location of hearing: One Salem Green By Order of the Salem Historical Commission L 4' Cleri� of the Commission { WT{ Saiem Historical Commission ONE SALE`.1 GREEN.SALEM.MASSACHUSETTS 01970 5081 745-9595 EXT, 31 1 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed will: ❑ 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: 124 Federal St. Name of Record Owner: Kevin& Deborah Guinee Description of Work Proposed: Replace rear of hip roof of main building from slate to black or slate grey asphalt due to the finding that the rear slope of hip being minimalh•visible and the excessive cost oj'slate. Dated: 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. Professional Roofing Contractors, Inca P.O.BOX 262 45 DEARBORN STREET SALEM,MASSACHUSETTS 01670 (506) 744-6666 Aug . 7 ; 1995 Mr . Kevin Guinea 124 Federal St . Salemi Mass . 01970 Dear Mr . Gufneei Last week I inspected your toot and would like to make the following recommendations . The toot needs all new ridge caps ; 70 slate replaced and the replacement of A valley between the main section of the house and one section of the rest roof . Also ; the rear section of the roof is beyong repair and must be replaced totally . 1 would like to replace this roof with asphalt shingles so you can economically have this roof in good shape , Approvement for this will be needed by the Salem Histor— ical Commission . Also ; I would like to salvage some of the slate from this roof when possible and use it tot future repaits : You will have to maintain this slate roof aftet tepaits as it will be vety fragile and nails may rust causing the slate to loosen or fall out . Once this roof if completed , it is impetative that only a professional roofing tontractot has access to it : I have enclosed an estimate for repairs , an estimate for a new asphalt roof and an estimate tot a slate roof replacement in the rear . Please call me is you have any questions . Sincerely4 James W. Shea, President Professional Roofing JWS/jms enclosure AUK Professional Roofing Contractors, Inc, P.O.BOX 262 45 DEARBORN STREET SALEM,MASSACHUSETTS 01970 (500) 744.6888 ESTIMATE Aug . 7 , 1995 Mr , Kevin Goinee 124 Federal St . Salem) Mass . 01970 RE : ESTIMATE 124 Federal St . ; Salem, .MA ROOF REPAIRS : 1 ; To replace 70 slate shingles on three sections of slate toofs . 2 . To install 135 ft . of copper ridge cap flashing . Installed with brass screws and washers . (LABOR ONLY ) 3 . To install 060 Carlisle membrane of Small valley roof between main section of houses . (LABOR ONLY ) Additional carpentry work will be needed in this area . TOTAL COST . . . . . . . . ; . . . $2 ) 500 . 00 ROOF REPLACEMENT : I . To replace one section of rear slate roof with following steps : a . Remove slate from roof and salvage whole slates when possible . b . Apply 3 ft . of ice and water shield to , toof edge . c, Apply 16 oe , copper drip edge flashing . d . Remove and reinstall flashing on chimneys . e . Apply 060 Carlisle membrane to chimney crickets . f : Apply felt paper . g . Apply new asphalt shingles . Ali shingles will be hand nailed with hop dipped galvanized roof nails . h , Reflash roof hatch with 16 oz . copper . i , Clean up all roofing materials . TOTAL COST . . . . . . ; . . . . . $ 1 , 500 . 00 OPTION # 1 To install new slate roof on rear section $7 ; 500 . 00 OPTION 112 To install new artificial slate (not recommended) $7 ) 500 . 00 THANK—YOU : **ALL PRICES LABOR ONLY . INSURANCE COVERAGE INCLUDED : u^ , 770 ate.M -:2.1sc nical ONE SALEM GREEN.SALEM, MASSACHUSEiii S 01970 -�21 745-9595 EXT 311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed will: ❑ Construction ❑ Moving ❑ Reconstruction IR 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: 124 Federal St. -� Name of Record Owner: Kevin& Deborah Guinee Description of Work Proposed: Repair and rehang shutters so that all windows on Federal Street and Lynn Street side of Federal portion of house to have shutters. Rear ell of Lynn Street side is optional to have shutters. Paint colors: Body of Federal period portion to be Benjamin Moore #1635. Body of Victorian portion to be Benjamin Moore #1636. Trim color on both portions to be white as submitted. Federal portion to have white window frames and sash, black shutters and doors. Victorian portion to have white window frame with black sash and doors. Installation of two mushroom vents on non-street side of single slope. Installation of round soffit vents not to exceed 2"in diameter,painted white. Replace zinc and aluminum roofflashing with copper. Dated: 8/7/95 SALEM HISTORICAL COMMISSION By: 44-Z, 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. 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(617) 338-2800 Salem musfimu L +MXORK CITY 1025 CONNECTICUT AVENUE,N.W. 767 THIRD AVENUE WASHINGTON,D.C.20036 FAX NO. 617-338-2880 NEW YORK,NEW YORK 10017 (202)AS-8190 (212)466 8200 FAX NO.202-293 2275 FAX NC.212-75 8 2151 August 3, 1995 Salem Historical Commission One Salem Green Salem, MA 01970 Re: 124 Federal Street Dear Sir or Madam: This office represents Louis Kolow as the named Executor under the will of Alyce Goodman. I recently received the enclosed notice from your office concerning the August 16 hearing in connection with the above property. Please note that the Estate of Alyce Goodman sold 124 and 124 1/2 Federal Street to Kevin and Deborah Guinea in June of this year. Since the Goodman Estate no longer has any interest in this property (or any other real estate in Salem), the Estate is not entitled to notice of Historical Commission hearings. Kindly remove the Estate from your mailing list. Thank you. S�ince�rely, 2% Erik Hestnes Enclosure t 4 \ Ire ala ry if FfCItII1 F.4�Y`T Salem Historical Commission DNE SALEM GREEN.SALEM.MASSACHUSETTS 01970 508)745-9595 EXT.311 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: 124 Federal St. Name of Record Owner: Kevin and Deborah Guinee Description of Work Proposed: Reglazing of windows and repairs to sash and frames, scrape and prime exterior of building, repair rotted columns on portico,repair clapboards as necessary, patch slate roof,reflash and repoint two chimneys, replace roof on shed roof in rear,repair front fencing, repair bay window roof, repair house trim. No changes in color, design, material or outward appearance. Non-applicable due to being in kind-maintenance. Dated: SALEM HISTORICAL COMMIS ON y:. 17 The homeowner has the option not to commence the work( e=fToms outstanding violation). All work commenced must be completed within o otherwise indicated. THIS IS NOTA 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. 'COM01r,� Salem Historical Commission CITY HALL. SALEM. MASS. 0I970 y �a 4Y A<OI4M6 WY1' CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [ A; 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: 124 Federal Street Name of Record Owner: Alyce Goodman DESCRIPTION OF WORK PROPOSED: Reglazing front windows, repainting entryway, front windows and front doors. All paint to match existing. No changes in material, color or details. Non-applicable due to being an inkind 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 (tits_ Gen. Law, Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the appropriate permits from the Inspector of Buildings prior to commencing. Dated: November 21, 1991 SALEM HISTORICAL COMMISSION By7d6C, Chairman , , . , Salem Historical Commission ONE SALEM GREEN, SALEM. MASSACHUSETTS 01970 161 71 745-9595,EXT.311 November 5 , 1991 NOTICE OF VIOLATION CEASE & DESIST ORDER Alyce Goodman 124-124 1/2 Federal Street Salem, MA 01970 Dear Homeowner : Recently, it has come to the attention of the Salem Historical Commission that exterior work has commenced at 124-124 1/2 Federal Street whicH is located in the McIntire Historic District . According to our files, there is no approved certificate for either Appropriateness , Hardship or Non-Applicability for work to be done. Please cease and desist all exterior work and kindly file the appropriate application. Enclosed are applications and information for your assistance. If you have any questions , please contact our staff person, Jane Guy, at the Salem Planning Department , One Salem Green, Salem, MA (745-9595 , ext. 311 ) . Thank you for your cooperation in this matter . Sincerely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman cc: Building Dept . City Clerk JM\JM\HISCOMI