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136 FEDERAL STREET - DISTRICT FILES 136 Pcderal Strcel g/5 CA [�mI �2 The Com1� gmassachusetts William Francis 3' ec e r�of'the Commonwealth Massachusetts Historical Commission February 24, 2000 Elaine M. White, Director of Operations Greater Lynn Mental Health& Retardation Association,Inc. PO Box 408 Lynn, MA 01903 RE: Greater Lynn Mental Health&Retardation Association,Inc. Multiple Projects Lynn,Lowell, Salem,Haverhill,Merrimac,Beverly, Swampscott, Melrose, Wenham, Danvers, Chelmsford, Saugus,Tewksbury, Medford, MA Dear Ms. White: Staff of the Massachusetts Historical Commission have reviewed the information you submitted, received January 28,2000, conceming the proposed projects referenced above. The properties at the following locations are listed in the State and/or National Registers of Historic Places: 15 Audubon Park,Lynn, MHC#5937; 56 Baltimore Street,Lynn,MHC#14163; 121 North Common Street,Lynn, MHC# 14171; 28-30 Lewis Street,Lynn,MHC# 14165; 321 Central Street,Lowell,MHC# 14176; 51 Eastern Avenue,Lynn,MHC#14173; 123 North Common Street,Lynn,MHC#21718; 18 Appleton Street,Lowell,MHC#21719; 136 Federal Street,Salem; MHC#22581; 17 Breed Street,Lynn, MHC#22576. After a review of the information submitted,the MHC has the following comments. The MHC understands that the proponent proposes to use MDFA financing to acquire,renovate and equip real estate at the following locations:36 Water Street,Tewksbury,MHC#22580; 14 Wheatland Street,Salem,MHC#25432; 17 Wedgemere Road,Beverly,MHC#25433; 9 Columbia Park, Haverhill,MHC#25434. After a review of materials submitted,staff of the Massachusetts Historical Commission have determined that the proposed projects are unlikely to affect significant historic and archaeological resources. No further review of these projects by this office is necessary. The MHC further understands that the proponent proposes to allocate any remaining funds to proposed projects at several locations in the Greater Lynn area. At this time, the MHC is unable to determine what effect the proposed projects may have on historic properties at the following locations without further information: 15 Audubon Park,Lynn,MHC#5937; 56 Baltimore Street,Lynn,MHC# 14163; 121 North Common Street,Lynn,MHC#14171; 28-30 Lewis Street,Lynn,MHC# 14165;321 Central Street,Lowell,MHC# 14176; 51 Eastern Avenue,Lynn,MHC# 14173; 123 North Common Street, Lynn,MHC#21718; 18 Appleton Street,Lowell,MHC#21719; 136 Federal Street,Salem; MHC# 22581; 17 Breed Street,Lynn,MHC#22576. In order to facilitate MHC's review, please submit a complete project description for each of the properties referenced above. 220 Morrissey Boulevard,Boston,Massachusetts 02125 • (617) 727-8470 Fax:(617) 727-5128 •TDD: 1-800-392-66090 wta:astate.ma.us/sec%nhc With regard to the remaining properties referenced on Exhibit B of your letter, staff of the Massachusetts Historical Commission have determined that the proposed projects are unlikely to affect significant historic and archaeological resources. No further review of these projects by this office is necessary. These comments are offered to assist in corr_pliance with M.G.L. Chapter 9, Section 26-27c,as amended by Chapter 254 of the Acts of 1988(950 CMR 71). Please feel free to contact me if you have questions. S' cerely, Ann M. Lattinville Preservation Planner Massachusetts Historical Commission xc: Lynn Historical Commission Lowell Historic Board Salem Historical Commission Haverhill Historical Commission Merrimac Historical Commission Beverly Historical Commission Swampscott Historical Commission Melrose Historical Commission Wenham Historical Commission Danvers Preservation Commission Chelmsford Historical Commission Saugus Historical Commission Tewksbury Historical Commission Medford Historical Commission v��CO T Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (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 )K 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: 136 Federal Street Name of Record Owner: Eastern Mass Housing Corp. Description of Work Proposed: Continue existing fence across rear lot line of property. Modify gate from approximately 4.5-5' to 36". All work to match existing in color, height and design. Dated: July 13, 1999 SALEM HISTORICAL COMMISSION By: — j 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 i r i . ',.: I � J f►`' 4 � �" . "'r ��•_ ;- :>s 1 vwys, - "-� .a • � t�� M/ r � s:. p. ,h; 812113544 PO LAR OID032 �. I � '� . r j .�; � �' �` Y. � F. r. •' 4'� y Ic I „�>+a }{�`Y �..'�1 a .�.. 4 .�l ` ` � }p.. K �� . `._= '�. E i . 1 'J` �i ]. 912113544 POLAROID®32 �1 1 i M ,r ' ,Y`~ �W y. •. �; - �.;. -s2� R � � §.� ,� ��` !. _� �.2 _.�,, k i� ��'� L 18123 13544 POLdh'II Nd y r r,. I' ,'1 �� ,,}}ss < _ �' ��• ,�.�� ' al S L ` ,F-.-. �''�'":. _ - ,�,_ .T- �+ - ;,,.. r f ti ,f�. •� � r�-�� "" '� � , �. j � k. ` ` ,. ,, 8 113544 POlAR01D(�,3? •'. '� ,.�� _ . . r ,, aa� :' b�'�. .. cO��gt r � Saiem Aistoricad Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 (508) 735-9595 EXT. 311 FAX (508) 740-0404 October 17, 1996 Paul Tempesta Greater Lynn Special Needs Housing Corp. 37 Friend St. Lynn, MA 01902 RE: 136 Federal St., Salem Dear Mr. Tempesta: The Salem Historical Commission would like to thank you for completing alterations to the Carpenter Street gate per the Conciliation Agreement of August, 1995. At a recent meeting, the Commission agreed to extend the deadline for the fence and gate to be painted until June 1, 1999so that you may take advantage of Spring weather. Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL QOMMISSION Helen Sides Chairman t�'.Jti,fVrbd s Salem Kistorical Commission ONE SALEM GREEN.SALEM,MASSACHUSETTS 01970 15081745-9595 EXT. 311 April 4. 1996 Paul Tempesta Greater Lynn Special Needs Housing Corp. 37 Friend St. Lynn, MA 01902 RE: 136 Federal St., Salem Dear Mr. Tempesta: As you know,the City of Salem and Eastern Mass. Housing Corp. executed a Conciliation Agreement in August, 1995. Specific Relief outlined in that agreement included that Eastern Mass. Housing Corp. would"modify the gate to the fence running along Carpenter Street so that it meets S.H.C. specifications" (i.e. make top flat so that it is in compliance with plans dated 9/27/93). As of this date, this work remains outstanding. The Salem Historical Commission respectfully requests that, within 30 days, the gate be altered as agreed or that Eastern Mass. Housing Corp. submit a written request for an extension. Thank you for your prompt attention to this matter. Sincerely, �7 THE SALEM HISTORICAL COMMISSION Helen Sides Chairman r yr 1�y XR ir. X i __..�._I_ - 1 iso/c°�(P�r�.f-�_ i �/�/s Saiem -Histericai Lammissicn JNE SALEM GREEN,SALEM. MASSACHUSETTS 5081745-9595 EXT. 31 t August 17, 1995 Russ Archibald U. S. Department of Fair Housing and Equal Opportunity Thomas P. O'Neill. Jr. Federal Building 10 Causeway Street Boston, MA 02222-1092 RE: Eastern Mass. Housing Corp. V. Harrington,N./Salem Historical Commission/Oedel, R. Case No. 01-95-0226-8 Dear Mr. Archibald: Thank you for attending a recent meeting with members of the Salem Historical Commission as part of your investigation relating to a claim made by Eastern Massachusetts Housing Corporation. In order to quickly respond to your request for information on similar outstanding violations which the Commission has resolved or is pursuing enforcement, enclosed please find the following: A. A copy of the Commission's Violation/Outstanding Work Enforcement Policy. B. A list of the Violations/Outstanding Work issues that the Commission is currently in various stages of enforcement. C. Copies of Second Request/Notice of Violation letters sent to: i. Homeowners on the list provided in the Complaint Response who did not respond to the Commission's first Notice of Violation; and ii. Homeowners on our current Violation/Work Status list. In addition, for your information, I have included a full set of minutes for each meeting that 136 Federal Street was discussed since the time that Greater Lynn Mental Health and Retardation Association, Inc. (GLMHRA) was appointed receiver. Finally, I am enclosing a proposed Conciliation Agreement that is in keeping with our discussions at the meeting. 4 Page 2 Conciliation The Commission is willing to accept the terms of the enclosed Agreement in order to expeditiously put this issue to rest. This is not because the Commission feels it acted discriminantly, which it strenuously denies, but because it feels the issues involved do not merit the expense, aggravation and delay of protracted litigation. We also wish to note that many of these terms would not be issues now had GLMHRA submitted applications for the Commission to review alterations prior to their undertaking them. It is our understanding that H.U.D. recognizes that handicapped residents are not exempt from the application process. For example, concerning the second floor deck which was enlarged from what previously existed, there was no application submitted to the Commission for such alteration. In its enforcement procedures, the Commission suggested that the deck be cut back so as to make it non-visible from the public way, and therefore not in the Commission's jurisdiction and not subject to design review. The alternative would have been for GLMHRA to apply for the alteration. The Commission had previously requested that the deck be applied for and GLMHRA flatly refused to comply (see letter of September 28, 1994,by Mr. Albert Bleau, Jr., Executive Director of the GLMHRA). The Commission has never found the deck to be historically inappropriate - only that it is visible and had not been approved. Since they refused to apply, the Commission had to conclude that the deck was in violation. Likewise, the Commission found the jog in the fence inappropriate because it deviates from the design submitted and approved. The Commission had requested that it be brought in accordance with what was approved- not because the Commission was discriminating but - because it had not been given the opportunity to review and approve such alteration. This has become a consistent pattern by GLMHRA with regard to not applying for approval for historic appropriateness but still proceeding with such alterations. Perhaps you can appreciate the frustration we, as non-paid volunteers, feel in spending substantial time and effort to review fence plans that were submitted, only to have the GLMHRA deviate from the approved design. If the Commission did not seek to have the fence brought in line with what was submitted and approved, it would be have been discriminating against the many residents who had completed their improvements in accordance with their approved certificates. It unreasonable to assume that the Commission has discriminated against handicapped individuals when the GLMHRA ignored the law(and its own plans) and never applied for such a deviation. The Commission has also been consistent in its approval of screening methods for non- appropriate structures. This is not to screen the usage of structures, but rather to lessen the impact of an historically inappropriate structure, or to avoid the Commission having design review by making them non-visible from the public way and therefore,not within our jurisdiction. For example, at 10 Flint Street a deck was built without the homeowner first receiving approval. After the Commission informed the homeowner of his responsibility to apply, the deck as built was found inappropriate. However, the Commission offered that if it were screened from the public way, it would be non-applicable to the Commission's purview. Page 3 The homeowner agreed to screen the deck with landscaping of specific height and these specifications were included as conditions of homeowner's approved Certificate. Unfortunately, the homeowner has not adequately screened the deck, it remains visible and the commission, in its final stages of enforcement, has filed a Clerk's Certificate of Vote against the property title. While not all Commission members are well-versed in Federal law with regard to reasonable accommodation, the Commission as a whole has never denied a handicap ramp. Since the Commission's jurisdiction is over historic appropriateness, the Commission has sought to create solutions that meet the needs of our city's handicapped residents to have ramp access to their homes in a way that is sympathetic to each property's unique historic architecture. Usually this involves screening non-historically appropriate elements or to require designs that are sympathetic to the historic architecture or a combination of both. In the case of 136 Federal Street, the Commission did not review railing or other design features because the property owners offered to screen the deck/ramp with a fence and landscaping. The specifics were then made part of the conditions of the approved Certificate. Had GLMHRA not offered to screen the deck/ramp with a fence and landscaping, the Commission would have had to review the architectural design features of the proposal. In its enforcement regarding violations at 136 Federal Street, the Commission has never denied reasonable accommodation, but has attempted to request that the GLMHRA make alterations that are non-visible and therefore non-applicable. The alternative is to have GLMHRA apply for alterations and undergo design review as is required of every other property owner in a district. Unfortunately, our experience with GLMHRA is that they have consistently undertaken work without having first sought approval. This includes doors, a shed, alterations to the approved fence, alterations to the second floor deck and knox box installation. Again, much, if not all, of the issues in this complaint and conciliation agreement could have been resolved had the GLMHRA adhered to the Salem Historical Commission Ordinance and the Historic Districts Act MGL Ch. 40 C and submitted applications for proposed alterations. Our authority over historic districts has never singled out a particular person or group, but requires all property owners to adhere to the same procedures for the filing and approval of applications. After property owners have filed an application for either Appropriateness, Hardship or Non-applicability, reasonable accommodation has consistently been given, specifically in regard to the following properties whose owners applied and received approval for ramps and other alterations that would make life better for the property residents or clients with special needs: Bertram Home for Aged Men- 29 Washington Square N. - Ramp Salem Housing Authority (barrier-free housing)- 84-88 Essex Street- Demolition, new construction and alterations Salem Housing Authority (elderly housing) - 3 Broad Street- Expansion of building to enclose elevator Newhall Manor Nursing Home- 7 Carpenter St. - Ramp, handicap signs Page 4 Health and Education Services, Inc. - 162 Federal St. - Ramp Salem Lodge of Elks- 17 North Street- Ramp Salem Public Library - 372 Essex Street - Elevator, ramp Violations Procedures As noted above, the Commission is a volunteer board and the Clerk, a City employee, is assigned to the Commission to provide administrative assistance - in addition to her other regular work for the City. There is no formal procedure for routine examination of each of the approximate 700 properties in Salem's four districts. Violations are usually brought to the Commission's attention by a concerned citizen or by a member of the Commission who noticed a potential violation during their regular day to day travels. Since the Commission does not patrol districts and does specify a particular geographic area or type of residence to target for review of potential violations, it does not, intentionally or otherwise, add certain properties while omitting other properties from its enforcement. Therefore, the Commission's enforcement does not discriminate against a particular neighborhood, individual or group. Admittedly, some properties with potential violations could be omitted from the Commission's enforcement because the violation has yet to be brought to the attention of the Commission. This is not to say that the property owner in violation will not undergo enforcement - only that they have yet to be caught. Since violations run with the land,the Commission can, at any time, begin enforcement proceedings. All violations brought to the Commission are acted upon- without exception. The Commission may first ask the Clerk to do some research on the issue (e.g. take photographs, check if a certificate was issued, check if a building permit was issued, check historic photographs, etc.). These requests are completed by the Clerk as her work schedule permits and the information requested is provided at some future meeting. At that time, if it is determined that a violation has occurred,the Commission will begin its enforcement process with a letter that usually requests that the work be applied for or undone within 30 days. This letter is issued by the Clerk, again, as her work schedule permits. If the violation consists of work that is currently underway, the Clerk will also ask the Building Inspector to issue a Cease and Desist Order. Until a violation is resolved, it is tracked through the Violations/Outstanding Work Status list. If time permits, during a regular Commission meeting,the Clerk will review the items that the Commission could take action on. The Commission will then instruct the Clerk how to proceed with enforcement. Often, a homeowner, after receiving a violation notice, will contact the Clerk by telephone to request a deadline extension, and the Commission may decide to allow additional time before proceeding with the next enforcement step. When a second letter is issued to the property owner, it usually mentions that failure to act may result in legal enforcement. The purpose of this explanation is to show that violation enforcement can be in various stages for a given property and that there can be some inconsistency, for example, as to the time Page frame between a "first letter' and"second letter" being sent. This variation does not occur due to prejudice or partiality toward any individual or group but relates to the time and workload of the Clerk and Commission. In addition, many property owners respond to the first letter, so that further letters or enforcement are not needed. Once again, thank you for meeting with us recently. If you need additional information, please do not hesitate to contact me. Jane Guy, the Clerk of the Commission or Robert Ledoux, City Solicitor. Sincerely, THE SALEM HISTORICAL COMMISSION Helen Sides Chairman PREAMBLE A verified complaint having been filed on June 8. 1995 under Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Amendments Act of 1988,and the matter having been conciliated between the parties hereto without investigation having been completed or determination issued, it is agreed that a settlement be entered into under the following terms and conditions to affect a final closure of this matter by the Secretary: GENERAL PROVISIONS I. It is understood that this agreement does not constitute an admission by the Respondent of any violation of Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Amendments Act of 1988, or any other law. The Respondents have answered the complaint and specifically denied the allegations. 2. The Complainant and aggrieved party hereby waives, releases and covenants not to sue the Respondent with respect to any matters which were or might have been alleged as charges filed with the Secretary, subject to performance by the Respondent of the Specific Relief contained herein. SPECIFIC RELIEF I. The Complainant agrees to withdraw the Title VIII Federal Discrimination complaint filed with H.U.D. 2. The Respondent agrees to delegate Salem Historical Commission member Richard Oedel to negotiate the design of the second floor deck and railings and the placement of landscaping, if any. Negotiations to be in cooperation with Russ Archibald of H.U.D. and a representative of Greater Lynn Special Needs Housing Corporation. 3. The Respondent agrees to request that the Personnel Department offer to all City officials and employees, a Fair Housing and Sensitivity training seminar to be conducted by H.U.D. personnel. 4. The Respondent agrees to allow deviation from the approved fencing plans to allow a jog as has already been completed in said fence. 5. The Complainant agrees to fix the gate in the fence(i.e.make top flat) so that such fence will be in compliance with the plans dated 9/27/93. 6. The Complainant agrees not to undertake any exterior work to any structure on the property without first having received a Certificate of Non-Applicability,Appropriateness or Hardship. 7. The Complainant and Respondent agree that no item of Specific Relief is severable from this Agreement. E Salem Historical Commission ONE SALEM GREEN.SALEM.MASSACHUSETTS 01970 (617) 745.9595, EXT. 31 1 July 18, 1989 Clifford N. & Susan J. Abelson 271 Lafayette Street Salem, MA 01970 Dear Mr. Abelson: Several months ago you attended a meeting of the Salem Historical Commission with regard to the replacement of a railing on the second floor of your property at 271 Lafayette Street. It had been determined that the ballasters which were installed are historically inappropriate and, at that time, you indicated that you would return to the Commission with a resolution to the issue. Although the Commission is not always able to quickly follow up on violations in historic districts, it is still the responsibility of the property owner to be in compliance of the Historic Districts Act. Violations are liable for up to a $500.00/day fine from the date of violation. Enclosed is an application for a Certificate of Appropriateness. Please complete it and return it to the Salem Planning Department, One Salem Green, Salem, MA 01970 within 30 days with your proposal to resolve the railing situation. If you need assistance, you may contact Jane Guy of the Salem Planning Department at 745-9595, ext. 311 . Thank you for your cooperation and prompt attention to this matter. Res ctfully, Q THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman J3229 Saiem -Historicai Commission 'NE SALEM GREE!J. SALEM. MASSACRUSE? - - :081745.9595 EXT.-11 July 7 , 1994 THIRD REQUEST Jonathan & Suzanne Felt 86 Federal St. Salem, MA 01970 Dear Mr. & Ms . Felt: In May and October of 1993 , the Salem Historical Commission wrote to you concerning a retaining wall constructed without prior approval at 86 Federal Street. This was followed by a letter to the City Solicitor in February, 1994 requesting the commencement of enforcement. In March, 1994 , the Commission received a letter from the City Solicitor stating that he was contacted by Mr. Felt, who informed him that they are going to remove the wooden retaining wall in the spring" . His suggestion at that time was to "do nothing and see if he does remove it in the spring" . Spring has now come and gone and the retaining wall still remains . We would respectfully request that the wall be removed by August 1 , 1994 to avoid impending legal enforcement. Thank you for your attention to this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman cc : Robert LeDoux City Clerk 1 Mie . T AS'rl. l� ,.JMMI'5SW.r. October 25 , 1993 SECOND REQUEST Jonathan Felt Suzanne Maki 86 Federal Street Salem, MA 01970 Dear Mr. Felt & Ms . Maki : As stated in our letter of May 28, 1993, it has come to the attention of the Salem Historical Commission that work (wooden retaining wall) has been conducted to the exterior of your property at 86 Federal Street, which is located in a local historic district. According to our files, there is no approved Certificate for either Appropriateness , Hardship or Non-Applicability for work to be done. In our letter, we respectfully requested that you file the appropriate application within 30 days . As of this date, we have received no reply. In order to avoid legal enforcement, we respectfully request that you either file the appropriate application for review by the Commission or that the property be returned to its original condition prior to the violation, within 15 days . If you need assistance, 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 Richard Oedel Chairman ti Sateml �-listoricai Commission -%E n.-_H:J GFEEM.SALEM. MASSAGHUSE77S C! _ ::081 7»5-9595 EXT. . February 23 , 1993 SECOND REQUEST Pottery Realty Trust Paul M. Zaido et al Tr. 101 Lowell Street Reading, MA 01867 RE: 1-3 No. Pine Street, Salem, MA Dear Homeowner: As stated in our letter of August 20 , 1992 , it has come to the attention of the Salem Historical Commission that work has been conducted to the exterior of your property (door alterations ) 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. Therefore, such work is in violation of the Historic Districts Act and you can be subject to fines from the date of violation. We respectfully request that you either file the appropriate application for review by the Commission or that the property be returned to its original condition prior to the violation within 15 days . If you need assistance, please contact our staff person, Jane Guy, at the Salem Planning Department, One Salem Green ( 745- 9595, Ext. 311) . Thank you for your cooperation in this matter. Respectfully, /7 /i. . THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman cc: Building Inspector City Clerk JG\JG\VIOLLTR T-7 ,NE E.>LEM G=EEtd. _ALEM, ":.SS.4C;:L;SEi S 61270 April 11 , 1994 Paul Zaido Pottery Realty Trust 101 Lowell Street Reading, MA RE: 1-3 North Pine Street Dear Mr. Zaido: On Wednesday, January 5 , 1994 , the Salem Historical Commission unanimously voted to deny an application for a Certificate of Appropriateness for the replacement of doors at the front entry of 1-3 North Pine Strom in substituion of doors already installed without Commission approval . The Commission also voted to deny approval for the elimination of sidelights and transon lights which was also undertaken without prior Commission approval . The Commission further ordered that the owner submit a new application within 60 days to restore the entryway. As of this date, no application has been filed. In order to avoid legal enforcement, you are respectfully requested to comply with the decision of the Commission within 15 days . Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman • a� .Micro -tipsrcr cal l,ommdssi®n ^NE SALEM GFEE'L S:LZM. =GB1 EX - September 2 , 1993 Peter Hinchey 237 Locust Street Danvers , MA 01923 RE: 2 Flint Street Dear Mr. Hinchey: As stated in our letter of February 23 , 1993, plantings installed do not sufficiently screen the deck that you constructed at 2 Flint Street. According to your Certificate, plantings were required to be 24-30" high when planted and of sufficient bulk to provide a year-round screening to hide what would otherwise be an historically inappropriate deck. The Salem Historical Commission feels that you have been provided ample time to rectify this problem. Therefore, in order to avoid legal enforcment, we respectfully request that within 15 days , the plantings be installed as required or the deck be removed. Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman cc: Building Dept . jg\jg\2:11nt2 ,aiem y�15rorx"i iammissicn -%E SALEM GREEN, SALEM. MASSACHUSE-- � 0 3081715-9595 EXT. -''1 April 11 , 1994 SECOND REQUEST Joel & Katherine Green 310 Lafayette Street Salem, MA 01970 Dear Mr. & Ms . Green: On Wednesday, January 5 , 1994 , the Salem Historical Commission unanimously voted to deny an application for a Certificate of Appropriateness for the replacement of a front stair railing, as was already constructed at 310 Lafayette Street. The Commission further ordered that the owner submit a new application for a more historically appropriate treatment within 60 days . As of this date, no application has been filed. In order to avoid legal enforcement, you are respectfully requested to comply with the decision of the Commission within 15 days . Thank you for your cooperation in this matter. Sincerely, - - i THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman J - Salem 1Hiscoricai Commission ONE SALEM GREEN. SALEM. MASSACHUSETTS 01970 0817<5-9595 EXT. 311 April 26 , 1995 NOTICE OF VIOLATION SECOND REQUEST The Washington Square North Trust John F. Wilkinson, Trustee P .O. Box 736 Damariscotta, ME 04543 RE: 31 Washington Square Dear Mr. Wilkinson: As stated in our letter of October 19 , 1995 , it has come to the attention of the Salem Historical Commission that work ( iron fence, columns ) has been conducted to the exterior of your property at 31 Washington Square, which is located in a local historic district. According to our files , there is no approved Certificate for either Appropriateness , Hardship or Non-Applicability for work to be done. In order to avoid legal enforcement, kindly file the appropriate application within 15 days . If you need assistance, 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, i G iG �/ ✓JC(L, /� THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman cc : Ted Richard Building Dept. City Clerk t SNE S:-LE!.' n__'L S.�LE..M MASSACHUSETTS 01970 April 26 , 1995 NOTICE OF VIOLATION SECOND REQUEST Judith C . Doering P .O. Box 736 Damariscotta, ME 04543 RE : 35 Washington Square/2 Oliver Street Dear Ms . Doering: As stated our letter of October 19 , 1994 , it has come to the attention of the Salem Historical Commission that work ( front facia, trellis, two chimneys ) has been conducted to the exterior of your property at 35 Washington Square/2 Oliver Street, which is located in a local historic district. According to our files, there is no approved Certificate for either Appropriateness, Hardship or Non-Applicability for work to be done . In order to avoid legal enforcement, kindly file the appropriate application within 15 days . If you need assistance, 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 Richard Oedel Chairman cc: Ted Richard Building Dept. City Clerk r too 4 77- 3aiem Historicai Commission :NE SALEM GREEN. SALEM. MASSACHUSET'.�S 0:370 508)745-9595 EXT.311 March 4 , 1993 SECOND REQUEST William F . White 13 Mohawk Drive Danvers , MA 01923 RE: 398 Essex Street, Salem, MA Dear Mr. White: As indicated in our letter of May 27 , 1992 , it has come to the attention of the Salem Historical Commission that work has been conducted (porch and railing) to the exterior of your property at 398 Essex 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. Therefore, such work is in violation of the Historic Districts Act and you can be subject to fines from the date of violation. We respectfully request that you either file the appropriate application for review by the Commission or that the property be returned to its original condition prior to the violation within 15 days . If you need assistance, 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. Sin c rely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman -I6 Salem 1-lisrorical Commission ONE SALEM GREEN.SALEM.MASSACHUSETTS 01970 5081 =5-9595 EXT.311 November 18 , 1994 NOTICE OF VIOLATION SECOND REQUEST Joseph and Barbara Tarnowski 7-9 South Pine Street Salem, MA 01970 Dear Mr. & Ms . Tarnowski : As stated in our letter of April 11, 1994 , it has come to the attention of the Salem Historical Commission that work (fence replacement) has been conducted to the exterior of your property at 7-9 Warren Street, which is located in a local historic district . According to our files, there is no approved Certificate for either Appropriateness, Hardship or Non-Applicability for work to be done. As of this date we have not received an application. In order to avoid legal enforcement, we respectfully request that you file the appropriate application within 15 days . Thank you for your cooperation in this matter. Sincerely, T SALEM HISTORICAL COMMISSION John Carr Vice Chairman CC: Building Dept . City Clerk Salem - isr©rica.i Comm IssiIon ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 508)745.9595 EX7 --! . April 26, 1995 NOTICE OF VIOLATION SECOND REQUEST Joseph Feroce 10 Chestnut Street Salem, MA 01970 Dear mr. Feroce: As stated in our letter of November 18 , 1994 , it has come to the attention of the Salem Historical Commission that fence alteration have been made at 10 Chestnut Street that were not approved by the Commission. In order to avoid legal enforcement, within 15 days kindly return the fence to the approved condition or file an application for the Commission' s review of the alterations . In addition, fencing that was destroyed by vandalism in December, 1994 has yet to be replaced. Your letter of December 10 , 1994 indicated that it would be replaced during the early spring of this year. The Commission requests that the fence replacement be completed within 60 days . Thank you for your cooperation in this matter. Sincerely, THESALEMHISTORICAL COMMISSION Richard Oedel Chairman Saleyn ffisrorical Commission ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 15081 745-9595 EXT. 311 October 19, 1994 SECOND NOTICE OF VIOLATION Barry Paul & Victoria Kelly 10 Hamilton Street Salem, MA 01970 Dear Mr. Paul & Ms. Kelly: On Wednesday, May 4, 1994, the Salem Historical Commission unanimously voted to deny a Certificate of Appropriateness from you and and E. Alexander for the alteration of the existing fence (which also was found inappropriate). Commission member John Casey was delegated to work with you to select a historically appropriate fence treatment. In this regard, Mr. Casey has made several attempts to contact you so that the issue could be resolved. However, all attempts to reach you have been unsuccessful. Kindly contact Mr. Casey at 745-7740 within 15 days to arrange a mutually convenient time to discuss a new application for appropriate fence treatment. Should you fail to submit an application for fence treatment within 30 days, it may result in the Commission taking further legal enforcement. Thank you for your cooperation in this matter. Sincerely, THE S LEM HISTORICAL COMMISSION Richard Oedel Chairman cc: City Clerk Building Dept. E. Alexander & L. Cohen VL Sale_ a isror_ea L,.3 a �59iG1? ONE SALEM GREE?:. SALEM. MASSACHUSETTS 01970 ._81 __5.9595 EXT April 26 , 1995 Jeremiah Jennings 18 River Street Salem, MA 01970 Dear Mr. Jennings : The Salem Historical Commission has written several letters to you concerning your fence which was approved in October, 1991 and to this date remains unfinished. At this time, the Commission advises you that to avoid legal enforcement, the fence must be completed as per the approved Certificate by August 31 , 1995 . Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman Salem Historical Commission -NE SALEM GREEN. SALEM. MASSACHUSETTS 01970 50817»5.9595 EXT 3 . Februrary 23 , 1993 SECOND REQUEST Richard Grundy 6 N. Pine Street Salem, MA 01970 Dear Homeowner: As stated in our letter of August 20 , 1992 , it has come to the attention of the Salem Historical Commission that work has been conducted to the exterior of your property ( fence alteration) 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. Therefore, such work is in violation of the Historic Districts Act and you can be subject to fines from the date of violation. We respectfully request that you either file the appropriate application for review by the Commission or that the property be returned to its original condition prior to the violation within 15 days . If you need assistance, please contact our staff person, Jane Guy, at the Salem Planning Department, One Salem Green ( 745- 9595 , Ext. 311 ) . Thank you for your cooperation in this matter. Respectfully, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman cc: Building Dept. City Clerk J(;\JG\VZOLLTR Jam__ _L _?lstud'"Ca 1,,.3 12113�IDl�i .NE SALEM GREEN. SALEM. MASSACHUSE-S 5081 745-3595 EXT. .:. April 26 , 1995 NOTICE OF VIOLATION SECOND REQUEST Federal Street Trust Edward Mello, Tr. 6 Walsh Ave. Peabody, MA 01960 RE : 134 Federal St. Dear Homeowner: As stated in our letter of January 26 , 1995 , it has come to the attention of the Salem Historical Commission that a lattice structure has been constructed at your property at 134 Federal Street, which is located in a local historic district. According to our files , there is no approved Certificate for either Appropriateness , Hardship or Non-Applicability for work to be done. In order to avoid legal enforcement, kindly file the appropriate application within 15 days . If you need assistance, 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 COMMIS ION Richard Oedel Chairman cc: City Clerk Building Dept. Salem H.1sroricai Commission ?1E S-__'.' 3;EE?1. SALEM. MASSACHUSE'S 01970 X081%_5-9595 EXT :11 February 7 , 1994 SECOND REQUEST William F. White 13 Mohawk Dr. Danvers , MA 01923 RE: 398 Essex Street Dear Dr. White: As stated in our letter of June 19 , 1993 , two members of the Salem Historical Commission inspected the work completed on the rear porch at 398 Essex Street. It was concluded that the work completed to date is not per the sample railing available at the Salem Planning Department as stipulated in your Certificate of Appropriateness . Once again, I would suggest that a one or two members of the Commission meet with you at the site to resolve this issue and to avoid further enforcement. In this regard, please contact me ( 617 245-8700 , Ext. 646 ) or one of the following members of the Commission within 30 days : John Carr - 508 744-3400 Roger Hedstrom - 508 745-0999 Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman A; ;fid "1 %r �, y • �y FFA Salem y-lisroricai Commission :)NE SALEM GREEN, SALEM. MASSACHUSETTS 01970 5081745-9595 EXT, '11 May 4 . 1995 SECOND REQUEST NOTICE OF VIOLATION Dennis Vallee Janet Doucette 336 Essex St. Salem. MA 01970 Dear Mr. Vallee & Ms. Doucette: As stated in our letter of March 22, 1995, five years has elapsed since the Commission issued Certificates of Appropriateness for you to rebuild an existing 12' x 20 structure at your home at 336 Essex Street. Since the work has not been completed as per the approved certificate, it is considered in violation. In order to avoid legal enforcement, the Commission respectfully requests that, .%,ithin 15 days, you submit a written status and timetable for the completion of this project that the Commission can review and approve. If you have any questions, please do not hesitate to contact me or the Clerk of the Commission, Jane Guy, at the Salem Planning Department, (508) 745-9595, Ext. 311 . Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman cc: Building Dept. Cite Clerk ii,Et ;b. Saie_� �isr©ricui �ammissi®n DNE SALEM GSEEN.SALEM. MASSAGHUSET_ -7970 ?081745-9-995 EXT. Z!11 May 4, 1995 NOTICE OF VIOLATION SECOND REQUEST Gale D. Couture 3 North Shore Avenue Peabody, MA 01960 RE: 10 Andover St. Dear Homeowner: As stated in our letter of December 22, 1994, the Salem Historical Commission's has determined that a change (partial wall removal) has occurred at your property without Commission approval. In order to avoid legal enforcement, the Commission respectfully request that you file an application to request approval for removal of the wall as has been completed within 15 days. It is also suggested that your application include a request for approval to: 1. Demolish the remainder of the wall; 2. Replace the removed section of wall as previously existed: or 3. Replace the removed section of wall with another wall or fence design. If you need further information, please contact our staff person, Jane Guy, at the Salem Planning Department, One Salem Green, Salem, ;VIA (745-9595, Ext. 311) . Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL COMM ISSION Richard Oedel Chairman cc: Building Dept. City Clerk GREATEN LYNN Mental Health & Retardation Association, Inc. September 28, 1994 Ms. Jane A. Guy er ^ p E e Clerk of the Commission Salem Historical Commission OCT 1 f 1994 One Salem Green Salem,MA 01970 „ Dear Ms. Guy: I received your "Notice of Denial of Application for a Certificate of Appropriateness" for 136 Federal Street. I do not understand your request for applications for the Fire Alarm and 2nd floor landing since you informed my staff that you would not approve them. Is it necessary for us to request it, so you can officially deny it? We will not comply with your requests regarding the deck or the fire box, 37 hwil l Street because in our judgment, they will jeopardize the life and safety of the P0. Box 408 individuals who are handicapped and of their caretakers who work and t-yin , Masses husetts reside on the premises. 01903 6D-593-1088 The fire box was installed per the Fire Department and "must" be visible to Fax 617-593-5731 Fire and Safety personnel during an emergency. It cannot be hidden or disguised, as members ordered at the meeting. Serving rhe needs of more than I00,0W retarded and The landing, "deck", needs to be of this dimension so caretakers and emmionall)disturbed residents with handicaps can collect and exit during an emergency and to dozens in 35 eastern provide sufficient room for emergency personnel to evacuate and assist Massachwens cines and residents. SECONDS CAN BE CRITICAL DURING A FIRE. The ruums since 19$8 Commission ordered that it be reduced in size so as not to be visible from Affihared with the Federal Street without regard to the residents' safety. Mass hwera and National Amo:anm for Mena We have expended thousands and thousands of our hard earned fundraising Health;a United Way agency funds to comply with your regulations on a house that, for over 40 years, never complied with any Historical Commission regulations. We estimate that your restrictions added over $10,000 to our renovation costs not to mention the delays. stress and staff's time involved. Ms. Jane A. Guy September 21, 1994 Page 2 It is interesting that once a non profit agency purchased the building and attempted to make it handicapped accessible, that you heaped tons of restrictions and costs on its occupants. The State and Federal Fair Housing Act requires that public and private individuals and Boards give a reasonable accommodation to handicapped individuals. Your Commission has not complied with this law; therefore, we have to assume that your are forcing unnecessary and unreasonable costs and restrictions on us because of your opposition and/or insensitivity to the handicapped residing in this neighborhood. This is 1994 and not 1629. Our handicapped children, adults including handicapped elderly, have the right to live in their homes in this neighborhood without incurring extravagant costs that in effect, could drive them from their homes. If your decision is not repealed, we will file a Complaint against the Commission and each member and the City of Salem with HUD under the Fair Housing Act and have it resolved through that forum. Sincerely, Mal �, Albert W. Bleau, Jr. Executive Director AWB/mjg (#833) cc: Salem Building Inspector Salem Fire Chief Attorney Sam Vitale y I{�{I i Cl�l I 'IDS QG l� LFewore1 Mailed to Paul Tempesta 8/8/95 Minutes 8/18/93 9/1/93 9/15/93 10/6/93 6/1/94 7/6/94 9/7/94 10/5/94 10/19/94 11/16/94 12/21/94 4/19/95 Salem Historical Commission Ordinance Chapter 40C Letters Steven Glovsky 8/6/93 Kevin Harvey 9/15/93 Certificate of Hardship 10/7/93 Denial of Appropriateness 9/9/94 Notice of Findings 12/22/94 ,gOENro, OU.S.Department of Housing and Urban Development S°G* Office of Fair Ho q PP Housing and Equal Opportunity "Nov, oQ Thomas P. O'Neill, Jr. Federal Building DEVE� 10 Causeway Street Boston, Massachusetts 02222-1092 New England RECEIVED JUN 1 1 3 1995 Jun 1 6 1995 Salem Historical Commission salelrl rite mig Dept. One Salem Green Salem, MA 01970 Dear Sir or Madam: Subject: Eastern Mass. Housing Corp. v. Harrington, N./Salem Historical Commission/Oedel, R. Case No. 01-95-0226-8 The enclosed complaint of housing discrimination was filed with HUD on 6/8/95 pursuant to the Fair Housing Act (`title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988). You may file an answer to the complaint not later than 10 days after the receipt of this letter and may assert any defense which might be available in a court of law. The answer must be signed and affirmed by or in behalf of the respondent under the penalty of perjury and may be reasonably and fairly amended at any time with the consent of the Assistant Secretary. The answer should set forth your position in the matter rather than be in the form of a general denial. The complainant has been informed of the right to bring a private action in State or Federal Court under Section 813 of the Fair Housing Act not later than two years after the occurrence or termination of the alleged discriminatory housing practice. Please be advised that retaliation against any person for participation in any manner in the enforcement of the Act is a discriminatory housing practice that is prohibited under Section 818. This office stands ready at any time during the course of the investigation to engage in conciliation efforts with respect to this complaint. The Equal Opportunity Specialist investigating this complaint is Eileen Snook-Pinchin who may be reached at (617) 565-5490. Very sincerely yours, F COIL, w Chief 1 � Fair Housing Enforcement Branch Office of Fair Housing and Equal Opportunity Enclosure Housing Discrimination U.S.Department of Housing Complaint and Urban Development p Office of Fair Housing and Equal Opportunity Please type or print this form-Do not write in shaded area OMB Approval No.2529-0011 (bxp.09/30/95) Public Reporting Burden for this collection of information is estimated to average 1.0 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding this burden eftrnate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Reports Management Officer,Office of Information Policies and Systems,U.S.Department of Housing and Urban Development,Washington,D.C.20410-3600 and to the Office of Management and Budget,Paperwork Reduction Project(2529-0011),Washington,D.C.20503.Do not send this completed form to either of these addresses. Instructions:Read this form and the instructions on reverse carefully before completing.All questions should be answered.However,if you do not know the answer or if a question is not applicable,leave the question unanswered and fill out as much of the form as you can.Your complaintshould be signed and dated.Where more than one individual or organization is filing the same complaint,and all information is the same,each additional individual or organization should complete boxes 1 and 7 of a separate complaint form and attach it to the original form.Complaints may be presented in persons or mailed to the Regional Office covering the State where the complaint arose(see list on back of form),any local HUD Field Office,or to the Office of Fair Housing and Equal Opportunity,U.S.Department of HUD,Washington, D.C.20410. This section is for HUD use only. Number: (Check l applicable box): Jurisdiction: SI nature of HUD personnel who established Jurisdiction: Q �Q ❑Referral and Agency(specify) ®Yes ❑No Filing Date; EJAdditional Into .LA ❑Systemic ❑Military Referral 1. Name of aggrieved person or organization(last name,first name,middle initial)(Mr.,Mrs.,Miss,Ms.) a Phone: Business Phone: Eastern Massachusetts Housing Corporation 17 ) 593-1099 (617) 593-1099 Street Address(city.county,State and zip code) 37 Friend St./PO Box 408, Lynn, MA 01903 2.Against whom Is this complaint being filed?Name(last name,first name,middle Initial) Phone Number: Mayor of Salem and Salem Historical Commission - see attached list ( ) see list Street Address(city,county,State and zip code) Check the applicable box or boxes which describe(s)the parry named above ❑ Builder ❑Owner ❑Broker ❑Salesperson ❑Supt.or Manager ❑Bank or Other Lender ❑Other If you named an individual above who appeared to be acting for a company in this case,check J this box ❑and write the name and address of the company in cols space: Name: Address: m O Name and Identity others(iI any)you believe violated the law in this case xJ'I � rn 3. What did the person you are complaining against do?Check/all That apply and give the most recent data these ac(s)ccwred in back No.6a below. -:3 rn ❑Refuse to rent,sell,or deal with you ❑Falsely deny housing was available ❑Engage in blockbusting Discriminate in brokrrS?servioi ❑ Discriminate in the conditions or ❑Advertise in a discriminatory way C1Discriminate in financing ®Intimidated,interfereVAr coeicgor�ou terms of sale,rental occupancy,or to keep you from the krlibene&oT411e in services or facilities Federal Fair Housing Few Other(explain) The Historical Commission used discriminatory practices c-o rt in enforcing the historical regulations. t� 4. Do you believe that you were discriminated against because of your race,color,religion,sex,handicap,the presence of children under 16,ora pregnant female in the famllyoryour national origin?Check J alt that apply: ❑ Race or Color ❑Religion ❑Sex ®Handicap ❑Familial Status ❑National Origin ❑Black (specify) ❑;dale 0 Physical ❑ Presence of children ❑ Hispanic ❑ American ❑Other ❑White ❑Female ®Mental under 18 in the family ❑Asian or Indian or (specify) ❑Other I ❑Pregnant female Pacific Alaskan Islander Native 5. what kind of house or property was involved? Did me owner live mere? Is the house or property: What is the address of the house a property?(street,dry,county, ] Single-family house ❑Yes ❑Being sold? State and zip code) ❑ A house or building for 2,3,or 4 families [0 No ®Being rented? ❑A building for 5 families or more ❑Unknown Rented to 136 Federal Street ❑Other,including vacant land held for GLMHRA Salem, MA 01970 residential use(explain) 6. Summarize in yourown words what happened.Use this space fora brief end concise statement of the facts.Additional details may be submitted on an attachment.Note:HUD will furnish a copy of the complaint 10 the person or organization against whom the complalm Is made. See attached summary 6a. When did the w(s)checked in Ilam 3 occur?(include the most r 4/26/95 ecent date it several datel 7. I declare under penalty of perjury that]have read this complaint(including any Signature and Date: attachments)and that it Is true and correct. 3 �� Previous edition,dated, 11/92, may not be used: torte HUD-903(1/93) other editions may be used until stock is exhausted. ref Handbook 8020.1 y�V.III 11 1\ � .A Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (508)745-9595 EXT.311 MEMBERS AS OF MAY 1 , 1994 CHAIRPERSON VICE CHAIRPERSON Richard Oedel (W) 245-8700 John H. Carr, Jr. (H 6 W) 744-3400 6 Curtis St. X-646 7 River St. Fax 744-3400 Salem, MA 01970 (H) 741-1251/4381 Salem, MA 01970 Exp. 3/1/97 Fax 617-245-7976 Exp. 3/1/96 MEMBERS ALTERNATE MEMBERS (2 yr. appts . ) Russell Slam (HOW)745-9238 James Bailey (H) 745-0685 9 Forrester St. Fax 745-9238 81 Essex Street Salem, MA 01970 Exp. 3/1/97 Salem, MA 01970 Exp. 3/1/96 Walter H. Cook 723-6010 Helen Sides (H)741-1643 7 Chestnut St. 741-4404 35 Broad St. Q /-(W) 526-4386 Salem, MA 01970 Exp. 3/l/97 Salem, MA 01970 Exp/ 3/1/97 Beeper 488-6732 Fax 745-5706 CLERK John H. Casey (H&W) 745-7740 Jane A. Guy (W) 745-9595 X311 17 Flint St . Fax 745-9734 c/o Salem Planning Dept. (H) 745-1418 Salem, MA 01970 Exp. 3/1/95 One Salem Green Salem, MA 01970 Douglas J . Kelleher (H)' 741-3620 12 Brown Street (W) 727-8470 Salem, MA 01970 Exp. 3/1/96 Mayor Neil Harrington Salem City Hall Washington Street Salem, MA 01970 On August 18, 1993, Attorney Sam Vitali of Peralta Gilligan and Vitali; Salvatore Bonura of Comprehensive Architects; Paul Tempesta, Director of Maintenance and James Chalmers, Maintenance Coordinator representing the Eastern Massachusetts Housing Corporation (EMHC) formerly Greater Lynn Special Needs Housing Corporation and the Greater Lynn Mental Health and Retardation Association, Inc. (GLMHRA), presented plans to the Salem Historical Commission (SHC) to renovate 136 Federal Street in order to provide wheelchair accessibility to the home. The SHC gave us permission to install a handicap ramp but imposed many additional requirements which we believe are discriminatory and stigmatize the handicapped people living at the home. The two corporations have spent $200,000 to date. Of this amount, $20,000 was totally unnecessary and the result of discriminatory practices of the SHC. Additional requirements of the SHC will cost us $3,000 but will jeopardize the life and safety of the eight individuals with mental retardation who live there and the employees who work at the home. This building is home to eight individuals with mental retardation. Many of these individuals have resided here for over 10 years. The EMHC purchased the building 5/17/93; the former owner maintained the use of this home for individuals with mental retardation for at least 15 years. The GLMHRA became involved on 7/18/88 when it became the court appointed receiver for Associated Group Homes (AGH) on 7/1/93. The receivership ended and GLMHRA began to operate the program. Both GLMHRA and EMHC are charitable non-profit 501(c)(3) organizations. It became necessary to make the building handicap accessible for one individual at the home. This person became non-ambulatory as a result of a serious medical condition. Attached, you will find documents and correspondence that have transpired between the EMHC and the SHC. Additionally, there are photos attached depicting the deck and neighborhood. In a terciary review of the neighborhood, it is evident that the SHC has applied the letter of the law to the EMHC but not to remaining neighbors. There are numerous decks, sheds, doors and windows on buildings on the same street, and within 2 blocks of 136 Federal Street that do not comply and have not been faced by the SHC to comply. In our opinion, they have discriminated against us because the handicapped individuals residing there. We are requesting that the decision to remove the deck and fence be reconsidered. The fence is deemed historically inappropriate because the fence design is not at 90 degree angles. It's current configuration was a field decision made to accommodate the van while transporting the mentally retarded residents. The fence should be left as is as a reasonable accommodation under the Americans for Disabilities Act and the Federal Fair Housing Act. This will allow the handicap van sufficient area to pull up without violating other parking. The angle of the fence does not detract from the neighborhood. Regarding the deck, it will be painted once the wood cures. However, as you can see from the attached pictures, it will not be visible in the spring, summer, or fall when trees are in bloom. The deck itself is not visible, only the facia can be seen. This deck was approved by the SHC and the Salem Building Department. The SHC now wants the deck to be reduced in size by 3 feet. This is unreasonable and will jeopardize the life safety of individuals exiting during a fire or other cusk. The door and wrought iron fire escape have always existed. Previously, the door exited out to the roof. The roof slope was at a 20 degree angle. This was very unsafe. Ice and snow would also form here which made walking on the roof unsafe. The roof itself began to deteriorate. There existed a considerable step down from the door threshold to the roof to exit. The deck is a safety issue and ensures that the individuals using it can safely reach the fire escape. Under the life safety regulations, we have had to comply with Section 636 of the State Building Code. We have had our plans approved by SHC and the Salem Building Department. Our staff have attended numerous meetings of the SHC. At the first meeting, a neighbor insisted that the fence be 8 feet high because they didn't want to see retarded people. When the 8 foot fence wasn't allowed, the SHC requested 10 feet aborvieties to shield the view. These block the morning sun and view of the neighborhood. At all times, their requests have been unreasonable and not consistent with the existing appearance of the neighborhood. The tone at meetings from neighbors and the Commission is consistently hostile. It has also been alleged that as a corporation, we have "deep pockets", therefore the SHC can impose as many mandates as they want. We are requesting that as a result of your investigation that you: 1. Grant us triple damages and force the SHC to stop harassing our consumers and staff. 2. That we be reimbursed for the SHC's unreasonable mandates, including: copper downspouts, windows, doors, shed removal, fence, trees, move of steel railing, architectural fees, and legal costs. 3. The SHC regulations be revised to accommodate handicapped individuals. 4. Training in the Federal Fair Housing Act be provided to the SHC and the City. (tma/mw/1429) J - '7 -� r C4145052634 FOLAROID© 6 ;,. .: � �'- 9� �� : �;•.e �.. �. _ a CY,/c 1vK1 J'T- .. .�{_ �!C �j`� � sB' - - _ ''��_ — r� �, _ � -- /JCS ��/ �.. _' w ; ��j. ,�: � �``.•�� . � 1I l�.� '4 �J�� P�✓-P dd 9/�/gy ;, r iK; '� .' .� y ,7 .t �� . : r ',. . � ..t. F � _ — � , 1. 1, s, �.: _ — , /3(aAec,(Prce/ *5 . /3� ,�cl�m�/ ��/s��y ,� t .y�Yy��f. it� t •-.i � y �'� s<. - r � � r x W�,. iP, . ; „ C l�r�' �..... ..r �' i t b �o/S��/ ,r � 'h �� I _ a _ . � � s � �----_ - .�} 'w�,r 04145052034 POLAROID© 6 /3OAPW M/ '� � � - .� � -_. r, � J 1� r i� /3 6 Ice o/P.W/ di' d/d/zs I` li .gra � �. �. � R � i. � . -I �� _w 0 i1 �' , C5�034 ;�G�;i,(uiGJ6 d/N/�/ �P�� ;� � � , � � � Y --- 1 1 � - , � � � : , 4fi o y .J ' — - - . �� a 7 0 3 110 G 8.0 5..5 Ott - 05 CIS 3��/"++fir �f r t '� �_ t+ .� iJ — ',o �. lB4,/FAprlp 0/93 w as ` r '.,,m. �.-, flC'F �: , • . .,� .,e ,. � r-- - �� 1 _ __ ___ 11 L 1 Yr 1' �• i�� L�i r. Y.' r � ?" "� � �., � _ � <_ ___. _. �-_ 1.r -�s r%Y Y HHH't �Tj ti y y s Y � _ ret < ` Y / ��r� �� . ,e r �t �'• � a. L � `\ ff�7 f �.,• 'A t � �� . iy'f *'- ,-�'�iy,.'SCT{►'{ A'I f � ' • r^• 1 s'�r. . � n .a � � ��. �� ;t� �• " I � r ' r �,\+ �4 � �. -; �:,,. �: __ r ,�� z ��,� �,�� z 41 LUZ ¢ � - f , ,. -;wi �. .�� ,.. ,. : �7 Y,.,�, :� ., r.. . ,. ... ;. -� �r T�.u:..�.,.,+� 1 - :. ,�, .1 i /` �� L /3� � r�:- /Y��j ,= ;�; ti�G7' r �� _,, Iii�� t� �� .._ :� '�' �� -- X' —_- _ Fra � � , / ` ` �. S. 4 _ � - _ -� -• T• 1 � �� GREATER LYNN MENTAL HEALTH & RETARDATION ASSOCIATION, INC. JAMES CILILMERS DIRECTOR OF PROPERTY DEVELOPMENT (617) 593-1088 FAX (617)593-57315731 v t U�UIi, a i TI 9f�flIINE�yP Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (508)745-9595 EXT.311 NOTICE OF FINDINGS RE : 136 Federal St . At its regular meeting of Wednesday, December 21, 1994, the Salem Historical Commission made the following findings : 1 . That the newly installed wood fence and gate on Carpenter Street are not constructed as per approved plans. In particular, the jog in the fence and the size and hump of the gate are inappropriate . By a vote of 4 in favor and two opposed, the Commission instructs the owner to change the fence and gate to be as per drawings approved, specifically, to put the fence at a right angle to the street and for the gate to be flat on top and match the rest of the fence. 2 . That the second floor roof deck continues to be in violation and that it has been determined that the reduction of the size of the deck so as to make it non-visible from the public way is a solution that will not be detrimental to the health and safety of the residents of the property. By a unanimous vote, the Commission instructs the owner to fix the deck in violation forthwith, so that it is not visible from the public way. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. December 22 , 1994 Janet "Uy' Clen of the ommission CC : Building Inspector City Clerk JG\HSITCOM\FINDINGS 1' �= Salem Historical Commission ? CITY HALL. SALEM. MASS. 01970 A J 1Y ^IQ INN,wF' CERTIFICATE OF HARDSHIP It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [ ] • demolition [ ] ; moving [ ] ; alteration [x] ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 136 Federal Street Name of Record Owner* Greater Lvnn Special Needs Housing Corp. DESCRIPTION OF WORK PROPOSED: Alteration of windows and relocation of door per plans submitted 10/6/93. Installation of handicapped ramp and alteration of rear stairs as proposed in drawings submitted 10/6/93. Conditional that a fence as proposed be installed with the exception that the fence be installed at the sidewalk with tree/planting area being moved to inside of fence. Conditional that 4 trees to be located between deck & fence be a minimum height of 10' . Should trees not survive, they must be replanted in kind. Shutters to match existing and REASON FOR ISSUANCE OF CERTIFICATE OF HARDSHIP: hung so when closed, would shed wate [ ] 1 . The application affects only the building or structure on which work is to be done and not the historic district in general . [x ] 2. The application is approved because it does not cause substantial detriment to the public welfare. N ] 3, The application is approved because it does not cause departure from the intent and purposes of the amended historic district act. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (Federal Laws , Ch. 40C) and the Salem Historical Commission. Dated: 10/7/93 SALEM HISTORICAL COMMISSION By Chairman CDNUIT, 4� Iry L pa .I qeU/,ZINE Da�D Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (508)745.9595 EXT.311 NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS RE: 136 Federal St. On Wednesday, September 7 , 1994 , the Salem Historical Commission unanimously voted to deny an application for a Certificate of Appopriateness for the replacement of a door facing Carpenter Street with a metal door (as already installed) . The Commission further voted, that the property owners submit an application for a new replacement door by September 19, 1994 . In addition, the property owners must undo any additional alterations made to the property (Eg. second floor decking, fire alarm box) that have not received Commission approval or submit applications for such approvals by September 19, 1994 . The property owners should provide a status of all unfinished work at the meeting of October 5 , 1994 ( fence, trees , etc. ) . I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. September 9 , 1994 Jane Guy Cler of the Co fission cc: Building Inspector City Clerk JG\JANE\DENIAL31 GREATER LYNN SPECIAL NEEDS HOUSING CORPORATION 56 Baltimore Street • 37 Friend Street P.O. Box 408, Lynn Massachusetts 01903 Telephone:(617) 593-1088 • Fax: (617) 593-5731 —Serving — ....�, Essex &Middlesex Counties May 4, 1995 ANr (t IYYs Mr. Richard Oedel, Chairman Salem H s o i al Commission ° �rscaef� 4jap4 One Salem Green Salem, MA 01970 Dear Mr. Oedel: In response to your letter of April 26, 1995 regarding 136 Federal Street, the Eastern Massachusetts Housing Corporation (formerly Greater Lynn Special Needs Housing Corporation) has already spent $200,000 on renovations on the property. We have spent money unnecessarily on work mandated by the Salem Historical Commission which has no historical significance. The Salem Historical Commission has been inflexible and has violated the Federal Fair Housing Act, with respect to this property, by inconsistently implementing the regulations of the Commission. This property has had the regulations imposed upon it to the full extent of the law while the same conditions exist within the neighborhood and remain unnoticed by the Commission. We feel your actions are prejudicial and discriminate against the individuals with mental retardation who reside at the property. As a result, we have filed a complaint with the Department of Housing and Urban Development detailing the mandates unfairly imposed on us by the Commission and demonstrating the inconsistencies within the neighborhood. We will be seeking treble damages of those mandates unfairly imposed on us and reimbursement of legal costs to readdress the issues of the Salem Historical Commission. Sincerely, Si� 7 a 1.f� tt u/,�r Albert W. Bleau, Jr. Executive Director AWB/ta (tura/mw/1432) �f P gf01411F. ,aiem Historical Commission ONE SALEM GREEN, SALEM,MASSACHUSETTS 01970 (508)745-9595 EXT. 311 April 26 , 1995 Greater Lynn Special Needs Housing Corp. 37 Friend St. Lynn, MA 01902 RE: 136 Federal St. Dear Madam/Sirs : In December, 1994, the Salem Historical Commission issued a Certificate of Appropriateness (door, fence/rail paint) and a Notice of Findings ( fence, roof deck) which addressed outstanding violations at 136 Federal Street. With the exception of painting (to be completed by 8/31/95) , all work was to be completed forthwith. As of this date, most of this work remains outstanding. In order to avoid legal enforcement, the Commission respectfully requests that all work required under the Certificate of Appropriateness and Notice of Findings issued be completed within 15 days . Thank you for your cooperation in this matter. Sincerely, ] THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman RECEIVED JUL 2 1 195 idl0lll rlailluilu wept. Sac Isto Ic �,ommrss1on ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 L508) 745-9595. EXT. 311 APPLICATION FOR CERTIFICATE OF HARDSHIP Pursuant to the Historic District's Act (General Laws, Ch. 40 C) ana the Salem Historical Commission Ordinance, application is hereby made for issuance of a Certificate of Hardship for: construction [ ]; reconstruction [ ]; demolition [ J; moving [ ]; alteration ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: Y�6 j�EQWN S7 Name of Record Owner: /"/W/U Spnc�l, / &Zys cu�7f Date building erected and architect, if known:,-Fy��- U.9. DESCRIPTION OF WORK PROPOSED: (please attach required scale drawings , paint chips and /or samples of work and material proposed, where applicable. ) �E fir, sT,�r r_a) or -17717eD 8-002 000'14-:e \4,/ \0z/ C/ Name ofignature o Owner: .SW� X75 90011_ ner: (PLEASE PRINT OR TYPE) or G 1/E1 riP� 16 Address of G/7- ` 593 /08.3 Owner: r'� 70i4h 67, .Sql, Tel . No. 1130-3489 Date SPACE BELOW LINE FOR OFFICIAL USE ONLY. FOR INSTRUCTIONS, SEE OTHER SIDE. Date received: Date of hearing: By whom received: Number of Certificate: SALEM HISTORICAL COMMISSION Procedures for Filing A-plications A. There is no fee to come before the Commission. B. Be prepared to apply for approvals well in advance of commencing any exterior work. Before making any changes to the exterior of a property in an historic district, the owner should call or visit the Commission representative at the Salem Planning Department to discuss proposed alterations and to determine the category of the application (Appropriaceness, Non—Applicability or Hardship). C. The Commission normally meets on the first and third Wednesdays of each munch and notices are posted at City Hall. The meetings are held at One Salem Green, 2nd floor, and begin at 7:30 p.m. All meetings of the Commission are open to the public and any person is entitled to appear and be heard on any macter before the Commission before it reaches a decision D. An application for a Certificate of Appropriateness or Hardship must be received by 3:00 p.m. on the Monday 16 days before the meeting in order to make the following agenda. An application for a Certificate of Non—Applicability may normally be added to the agenda up to the day of the meeting. E. All applications for Certificate of Appropriateness or Hardship require a public hearing. Notice of the hearing must be posted with the City Clerk 14 days before the hearing and abutters must be notified in writing. Commission staff will handle these procedures. A public hearing is not required for a Certificate of Non—Applicability. F. Applications must be submitted by the owner of the property. In case of a cenant, a waiver of the owner's a-pearance may be granced at the discretion of the Commission if it is requested by the "net. C. An application will not be considered complete unless all work itens are thoroughly described on scaled drawings and include specifications regarding dimensions, materials, and any other information needed for the Commission to visualize the changes in order to make a determination. Applications for paint colors should include a paint chip or -hart. Applications for changes ocher than paint colors must be accompanied by scale drawings chat adequately illustrate all proposed changes. The following items should be included in your drawings as applicable: 1. Site plan shoving location of improvements; 2. Elevation drawings of the specific improvements; 3. Details/profiles (i.e. moldings, fence caps. cornices, etc.); 4. Materials (i.e. wood, brick, etc.); 5. Dimensions (i.e. size of trim); and 6. Transtormers, heat pump and condensor locations, electrical entries and meters, lamp posts, grove pipes. it. At their convenience, a representative of the Commission will take pictures of the property from the public way for presentation at the meeting. It is not necessary that the applicant be home or be present. I. At the hearing, the Commission will discuss the application with tt.e applicant or his representative, hear the abutters a cake a vote. Owners having professional consultants such as architects or contractors are urged to have then be present the hearing. If the application is approved a Certificate will be issued, mailed to the applicant and copies will be sent to the City Clerk and Building inspector. Please note chat the application can be continued until the next nesting if th. Commission deems necessary ( i.e. for reasons of incomplete drawings, to perform a site visit, ecc.). in any case, the Commission must make a determination within 60 days from the dace the application is received. J. A property owner or a contractor cannot receive a building permit unless a Certificate has been issued or the applicant h. a letter from the Commission stating that the change involved is nct subject to the Commission's jurisdiction. K. The City of Salem reserves the right to inspect the project to determine compliance with the conditions set forth in the Certificate of Appropriateness. Violations A person commencing or completing work to the exterior of a building in an historic district without the necessary approval the Commission is subject to fines of up to $500 per day from the date of the violation. The City of Salem is not responsib for an owner's neglect to inquire about necessary City permits and approvals. t \. - All records are public and we will be happy to confidentially assist you if you are concerned that someone in ycur neighborhood is in violation. Assistance Copies of Commission guidelines are available at the Salem Planning Department. The guidelines provide examples of what is historically appropriate (and inappropriate) for Salem's neighborhoods including trim, siding, doors, doorways, porticos, steps, fences, masonry, paint colors, parking solutions, roofing, and windows. These guidelines will help you understand wh: changes are likely or unlikely to be approved. The Commission supports your efforts to improve your property and can guide you on historical appropriateness. Various books and City—wide architectural inventories are available to help you identify the style and age of your home. Also available are rehabilitation guidelines, misc. legislation, pictures, books, and other historical data and research materials. For further information contact the Commission's staff representative, Jana Guy (Salem Planning Dept., One Salem Green. Salem, MA 01970, 508-745-9595._ext._11). JHisCom71Sumoary Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (508745.9595 EXT. 311 July 7 , 1994 Paul Tempesta Greater Lynn Special Needs Housing Corp. 37 Friend St. Lynn, MA 01902 RE: 136 Federal St. , Salem Dear Mr. Tempesta: On October 7 , 1993, the Salem Historical Commission issued a Certificate of Hardship to construct a handicap ramp at 136 Federal Street. The approval was conditional that a fence was to be constructed at the sidewalk per plans submitted, with 4 trees to be located between the deck and fence at a minimum height of 10 ' . As of this date, the ramp has been constructed, but the fence has not. Also, two of the four trees that would be relocated are either dead or dying. In addition to the above concerns , the Commission has recently been made aware of the installation of a new door on the Carpenter Street side of the property. According to our files, there is no approved Certificate for either Appropriateness, Hardship or Non- Applicability. Finally, the question has been raised as to whether work has proceeded relative to a second floor landing. At this time, the Commission respectfully requests that you submit an application for all work completed but not approved or any work you expect to undertake in the near future. This application should be submitted within 30 days . You will then be notified that your application has been placed on an upcoming agenda. Please be prepared to provide an update on the status of any outstanding work at that time. Thank you for your prompt attention to this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Richard Oedel Chairman PERALTA, GILLIGAN & VITALI ATTORNEYS AT LAW 60 ANDREW STREET LYNN.MASSACHUSETTS 01901 JAMES P.GILLIGAN 617 599-6363 FRANCIS J. PERALTA.JR SAMUEL A.VITALI 617 593-0894 19121983 FAX 617 599-7955 September 15, 1993 Mr. Richard Oedel Chairperson Salem Historical Commission One Salem Green Salem, MA 01970 RE: 136 FEDERAL STREET Dear Mr. Oedel and Commission Members; Pursuant to the Commissions' request for information concerning the hardship request before you, enclosed please find: - March 31, 1993 - Letter of the Massachusetts Department of Public Health noting deficiencies at the subject property with specific reference to clients "Jean Marie" - non-mobile; "Jose Tom" non-ambulatory. - September 8, 1993 - Letter of Massachusetts Department of Mental Health requiring the home be barrier free indicating a September 22 , 1993 inspection forthcoming. - Summary of Title III Americans with Disabilities Act of 1990 Pubilc Law 101-336 which deals specifically with providing access to persons with disabilities in private buildings and the requirements to remove architectural barriers which impede access for persons with disabilities. - Memoranda relative to the Fair Housing Amendments Act of 1988 and its application to persons with disabilities. - Relevant sections of the Architectural Barriers Board regulations 521 Code of Massachusetts Regulations. - With respect to communictions received by the Commission at its last meeting we have the repsonses of Greater Lynn Mental Health provided to such correspondence at that time and submit them for your review. Richard Oedel September 15, 1993 Page 2 of 2 As you may be aware the Salem Zone Ordinance in Par. M. Section VII restates state law M.G. Ch. 40A, Section 3 with respect to regulation of the use of premises owned or leased by non-profit educational corporations. The Article of Organization of Greater Lynn Special Needs Housing Corporation as amended indicate that it is organized under M.G.L. Ch. 180 as a non-profit corporation and among its corporate purposes is the "habilitation, education and normalization of the mentally handicapped" . Accordingly, it is a non-profit educational corporation within the meaning of the Ordinance and State Statute and as we have described the existing and contemplated uses of the property are for "educational purposes" . The mentally retarded residents at 136 Chestnut Street participate in a program designed to develop independent living skills. Such daily activities are within the purview of Gardner-Athol Area Mental Heatlh Association vs. Zoning Board of Appeals of Gardner, 401 Mass 12 , 15-16 (1987) ; Fitchburg Housing Authority vs. Board of Zoning Appeals of Fitchburg, 380 Mass. 869 (1980) ; Harbor Schools, Inc. vs. Board of Appeal of Haverhill, 5 Mass. App. Ct. 600 (1977) . We trust that your review of the foregoing persuades you of the hardship we face with respect to our request and you will favorably consider our application. Very truly yours, zl�,a SAMV81, A. VITALI, ESQUIRE COUNSEL FOR GREATER LYNN SPECIAL NEED HOUSING CORPORATION PERALTA, GILLIGAN & VITALI 60 ANDREW STREET LYNN, MA 01901 (617) 599-6363 SAV/amb Enclosures 1.�pp'Z G, � ..lk AQ �/ll Xw=1 � X✓ W4 pnGlllC PaZA wniam F.weld a�l Vare `-� Governor David P. Forsberg ` / JO 4UGst fGeet Sxretary L4 p>>J1 (617) 727-5860 David H. Mulligan CommssionWJVIRGINIA C. SULLIVAN, DIRECTC3 m WA W_ MARCH 31, 1993 GREATER LYNN MENTAL HEALTH r N RE: FEDERAL STREET AND RETARDATION ASSOC. , INC. 1" " 136 FEDERAL STREET POST OFFICE BOX 408 SALEM, MASS 01970 LYNN, MASS 01903 vP#0918245 ALBERT BLEAII GL f f EXECUTIVE DIRECTOR L t _ C _ J ✓� L0 Dear Executive Dirac--or: 6e -• ( Z,-�j4 Pl Enclosed, please .finz- a report of the Independent Professional Review (IPR' conducted by Depart ant representatives at your facilit-:. The IPR Program is mandated by Federal Statute and Regulation (P .L. 92-223 (42 USC 1396a) and (42 CFR 456 .2) . The purpose of the review conducts,- --v a Registered Nurse (R.N. ) and Qualified Mental Health Retardation Pry'-essional (Q.M.R.P is to ascertain adec•;acy, appropriateness and quality cf all services pro- vided in the facilit_ to each Medicaid eligible ICF/MR T;gipient, and to deterrni6e whether the recipient vias receiving an active =-satment program appropriate to his/her needs, and that he/she is appro___=tely placed in an ICF/MR Program. The computerized resort included two parts. The first :=-rt, consists of a profile of each resident. The report lists the name o' each recipient, with his/her Medicai� number, developmental level, cureen= status , char- acterization and pre=lem identifiers . The second part of the computerized reports, lists the resident' s name and Medicaid number and 'items found deficient by reviewers cn observation of the resident and rev_ew of his/her record. Included in :his part of the report, is a summary of the number of recipients , the n'_-mer of residents receiving active treatment and the number of residents .- are inappropri< placed in the facili=v. The IPR deficiency report is not to be confused with the _eficiency state- ment that the facili _y may receive as a result of a gets_fication visit. The facility is not required to file a Plan of Correction for IPR deficiencies with t`a Department. Proaress on improving quality of servi active treatment, an_ appropriateness of placement for iniividual residen will be monitored through the next IPR visit . DATE, 01/28/93 ICF/MR IPR REVIEWS PAGE NO. 1 FROM 12/28/92 TO 01/28/93 Ni SUPERINTENDENT ASSOC.GROUP HOMES,IN VENDOR N0, 0918245 E OF FACILITY, PRIVATE T, N/A UILDING, 136/FED/ST/ QMRP, MARX, LORNA RN, PRAY, ANNE MD, NA MEDICAID NO. NAME, JEAN MARIE QMRP, HOFFMAN ATTENDING PHYSICIAN, TAYLOR COMMUNICATION, USING SPEECH DATE OF BIRTH, 09/05/56 .,,,MOBILITY.0 ., w'.._._. NON-MOBILE_ AGE, 37 CURRENT STATUS, IN FACILITY DATE OF ADMISSION, 02/26/82 PREVIOUS PLACEMENT STATE SCHOOL PROBLEM IDENTIFIERS, DYSFUNCTION OF UPPER EXTREMETI DYSFUNCTION OF LOWER EXTREMITI NOT CAPABLE OF SELF-PRESERV :T, N/A IUILDING, 136/FED/ST/ QMRP, MARX, LORNA RN, PRAY, ANNE MD, NA MEDICAID NO. NAMEi =ROBERT QMRP, HOFFMAN ATTENDING PHYSICIAN, TAYLOR COMMUNICATION, LIMITED COMMUNICATION SKILLS DATE OF BIRTHi 04/25/63 MOBILITY, AMBULATORY AOE, 29 CURRENT STATUS, IN FACILITY DATE OF ADMISSION, 09/25/92 PREVIOUS PLACEMENT COMMUNITY RESID PROBLEM IDENTIFIERS, BLIND HEARING IMPAILED PERCEPTUAL DEFICITS SEVERE BEHAVIOR PROBLEMS IT, N/A BUILDING, 136/FED/ST/ QMRP, MARX, LORNA RN, PRAY, ANNE MD, NA MEDICAID NO. NAME, _JOSE TOM QMRP, HOFFMAN ATTENDING PHYSICIAN, TAYLOR COMMUNICATION, LIMITED COMMUNICATION SKILLS DATE OF BIRTH, 02/20/69 nave any questions about the report or IPR process , in ce-eral, ase feel free to contact Ks . Susanne Mitchell at (617) 727-59Eo . i Sincerely, Kathleen M. Coyle, R.N. Acting Assistant Director Survey Operations s r cp: Enclosure: ICF/MR R DATE, 01/28/93 ICF/MR IPR REVIEWS PAGE 140 . _ FROM 12/28/92 TO 01/28/93 MEDICAID NO. NAMEi rJOSE TOM MOBILITYs MOBILE NON—AMBULATORY AGEa 23 CURRENT STATUSi IN FACILITY DATE OF ADMISSION, 08/14/92 PREVIOUS PLACEMENT .COMMUNITY RESID PROBLEM IDENTIFIERSa DYSFUNCTION OF UPPER EXTREMETI DYSFUNCTION OF LOWER EXTREMITI LOW VISION SEVERE BEHAVIOR PROBLEMS NOT CAPABLE OF SELF—PRESERV it N/A JILDING, 136/FED/ST/ QMRPI _LORNA RNi PRAY, ANNE MDt NA MEDICAID NO. NAME: PAUL QMRPi HOFFMAN ATTENDING PHYSICIANt TAYLOR COMMUNICATIONt USING SPEECH DATE OF BIRTHt 10/02/55 MOBILITYs AMBULATORY WITH ASSISTANCE AGEo 38 CURRENT STATUSi IN FACILITY DATE OF ADMISSION, 05/09/84 PREVIOUS PLACEMENT STATE SCHOOL PROBLEM IDENTIFIERS, BLIND LOW VISION T, N/A UILDING, 136/FED/ST/ QMRPi LORNA RNt PRAY, ANNE MDi NA MEDICAID NO. NAME, STEPHEN QMRPa HOFFMAN ATTENDING PHYSICIANS TAYLOR COMMUNICATIONS LIMITED COMMUNICATION SKILLS DATE OF BIRTH, 04/03/42 MOBILITYs AMBULATORY AOEi 50 CURRENT STATUSt IN FACILITY DATE OF ADMISSION, 01/07/85 PREVIOUS PLACEMENT STATE SCHOOL PROBLEM IDENTIFIERSi DYSFUNCTION OF LOWER EXTREMITI 01/28/93 ICF/MR IPR REVIEWS PAGE NO. 3 FROM 12/28/92 TO 01/28/93 'A :NGt 136/FED/ST/ QMRPI LORNA RNi PRAY, ANNE MD, NA [CAID NO. 00000OCt- NAMEi MICHAEL QMRPi HOFFMAN ATTENDING PHYSICIANi TAYLOR COMMUNICATION, LIMITED COMMUNICATION SKILLS DATE OF BIRTHS 11/04/63 MOBILITYi AMBULATORY AGES 30 CURRENT STATUS, IN FACILITY DATE OF ADMISSIONi 08/07/88 P R 0 B MMAI KSS FUNCTION OF LOWER EXTREMITI PREVIOUS PLACEMENT HOME BEHAVIOR PROBLEMS AL/ADJUST PROBLEMS 'A :NG, 136/FED/ST/ QMRPs LORNA RN, PRAY, ANNE MD, NA :CAID NO. 0000000( NAMEa JULIETTE QMRP, HOFFMAN ATTENDING PHYSICIANo TAYLOR COMMUNICATIONt LIMITED COMMUNICATION SKILLS DATE OF BIRTHo 11/29/58 MOBILITYi AMBULATORY AOEo 35 CURRENT STATUSi IN FACILITY DATE OF ADMISSION, 01/19/82 ✓iia-�;:JTI< •. ' . SE. Far t,4'lt PREVIOUS PLACEMENT STATE SCHOOL PROBLEM IDENTIFIgRSfUAL DEFICITS WMAL/ADJUST PROBLEMS 'A [NGa 136/FED/ST/ QMRP+ LC;;NA RN, PRAY, ANNE MD, NA [CAID NO. OOOOOOOr NAMEa ANNE QMRPa HOFFMAN ATTENDING PHYSICIANo TAYLOR COMMUNICATIONi LIMITED COMMUNICATION SKILLS DATE OF BIRTHS 12/17/60 MOBILITYt AMBULATORY AGES 33 CURRENT STATUSi IN FACILITY DATE OF ADMISSION] 01/23/82 DATE: 01/28/93 ICF/MR IPR REVIEWS PAGE NO. 4 FROM 12/28/92 TO 01/28/93 MEDICAID NO. 00000000285237467 NAMES TERRA ANNE PREVIOUS PLACEMENT STATE SCHOOL PROBLEM IDENTIFIERSt SEVERE BEHAVIOR PROBLEMS EMOTIONAL/ADJUST PROBLEMS i DATEt 01/28/93 ICF/MR-IPR DEFICIENCY REPORT PAGE NO. 2 FROM 12/28/92 TO 01/28/93 MARY FOR FACILITY 0918245 UMBER OF CLIENTS FOR ALTERNATIVE PLACEMENTi 2 UMBER OF CLIENTS RECEIVING ACTIVE TREATMENTi 8 UMBER OF MEDICAID ELIGIBLE CLIENTS 8 - The Commonwealth of Massachusetts Executive Office of Health & Human Services U1W Department of Mental Retardation 160 North Washington Street Boston, MA 02114 Commis.iooer Campbell Mea Code(6I7) om 727-5608 September 8 , 1993 MR. ALBERT W. BLEAU, JR. EXECUTIVE DIRECTOR G .L.M.H. & R.A. , Inc . 37 Friend. Street Lynn, MA 01903 Dear Al : Please accept this correspondence as confirmation that it is imperative that 136 Federal Street, Salem, be handicapped accessible housing. As you are aware , there are individuals residing there who are non- ambulatory and who require the home to be barrier-free so that they may move freely through their home. Please be advised that DMR licensing regulations require that we accommodate these individuals with the appropriate renovations ( i .e . , ramping, etc . ) to accommodate their needs. Thank you for your cooperation in this matter . I will be visiting the home an 9/22/93 for a licensing survey and will address any concerns you may have at that time . Sincerely, JOYCE HERMANN RSCH DMR LICEM;'15NG i cc: ✓Paul Tempesta Janine Brown-Smith Linda Bleau LEGISLATIVE SUMMARY SERIES AGDOAG Americans With Disabilities Act Of 1990 (Public Law 101-336) FNational -Mental Health �w Association,,, ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES (Title III of ADA) Statement of Right No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. Under Title III, the prohibitions concerning discrimination against persons with mental and physical disabilities by entities that receive federal funds, in accordance with Section 504 of the Rehabilitation Act, would be extended to apply as well to privately operated accommodations used by the public. The ADA thus affirms that no person with a disability should be prevented from the full and equal enjoyment of the services that are offered by a "public accommodation." Categories of Public The ADA identifies twelve categories of "public Accommodations accommodations," as shown below. Within each category, a representative sample of the types of entities covered are listed. The twelve categories include: (a) Places of lodging (inn, hotel, motel) (b) Establishments serving food or drink (restaurant, bar) (c) Places of exhibition or entertainment (movie house, theater, concert hall) (d) Places of public gathering (auditorium, convention center) (e) Establishments selling or renting items (bakeries, clothing stores, shopping centers) (f) Establishments providing services (laundromats, travel services, insurance offices) (g) Stations used for public transportation (airports, terminals, depots, but not including rail and bus stations which are covered under Title II) (h) Places of public display or collection (museums, libraries) (i) Places of recreation (parks, zoos, amusement parks) 0) Places of education (schools of all levels) (k) Establishments providing social services (day-care and senior citizen centers, homeless shelters, food banks) 24 (1) Places of exercise or recreation (gyms, bowling alleys, golf courses) Prohibited Activities Under Title III, it is discriminatory to: Restricted (a) deny an individual with a disability the opportunity to Participation due to "participate in or benefit from the goods, services, Mental Disability facilities, privileges, advantages, or accommodations of the public accommodation."G6 A day care center cannot refuse to accept a child with a mental disability because its insurance rates and coverage are calculated on the basis of only serving children who are not mentally or physically disabled (b) deny an individual with a mental or physical disability the opportunity to "participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals."27 An owner of a movie theater cannot restrict the attendance of persons with disabilities to certain days and times. Separate services (c) "provide a good, service, facility, privilege, advantage, or that are Allowed accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others."2S Separate services or benefits are allowed only when necessary to provide persons with mental or physical disabilities with opportunities that are as effective as those provided to persons who are not disabled 29 For example, the designation of restrooms or parking spaces for persons with disabilities would not be prohibited. Integrated Settings (d) "not offer goods, services, facilities, privileges, advantages and accommodations to persons with disabilities in the most integrated setting appropriate to the needs of the individual."30 A group of people, all of whom are mentally disabled, are seated in an isolated room of a restaurant, away from the other patrons, 25 solely because the owner assumes that their behavior may become 'disruptive." Specialized Programs (e) deny a person with a mental or physical disability the opportunity to participate in programs or activities that are not separate or different simply because separate, specialized services are available. Despite the existence of a specialized art program, a child with a mental disability would rather participate in the regular art class with her fellow students. Refusal to let her join the regular class would be prohibited. Discrimination due to (f) exclude or deny services to an individual based on a Relationship with Person relationship or association with a person who has a who is Disabled disability. A family with three children, one of whom is mentally disabled attempts to attend a baseball game. They are told that they can attend only if the child who is disabled does not accompany them. Mental Health Inquiries (g) "impose eligibility criteria that screen out or tend to on Application Forms screen out persons with disabilities from public accommodations, unless the eligibility criteria can be shown by the public accommodation to be necessary to provide persons with disabilities the goods or services of that public accommodation."31 A credit application for a department store asks if the applicant has ever been hospitalized for the treatment of mental illness. This would be prohibited under the ADA. Modifications in the (h) "fail to make reasonable modifications in policies and Provision of Services practices when such modifications are necessary to provide goods or services, unless it can be demonstrated that the modifications would fundamentally y alter the nature of the goods or services provided." 32 woman with a mental disability needs the assistance of a friend to try on clothing at a department store. The regulations of the store prohibit more than one person in a dressing room at a time. Refusal to alter this prohibition would be a violation. 26 i I Auxiliary services to (i) "fail to take steps to ensure that an individual with a Ensure Equal Treatment disability is not treated differently because of the absence of auxiliary aids and services, unless it can be demonstrated that the auxiliary aids would fundamentally alter the nature of the goods or services being offered, or would result in an undue burden."33 A store would be required to provide information normally spoken (ie. directions to a certain department) in writing to a person who is deaf. (j) "fail to remove, in existing facilities, structural architectural and communication barriers if such removal is readily achievable (e.g easily accomplishable without much difficulty or expense). If it can be demonstrated that removal is not readily achievable, then goods or services must be provided through alternative methods, if such methods are readily achievable." Title III also details requirements concerning public transportation (other than those systems described in Title II) including those services not designated as a primary business activity (e.g. shuttle busses run by hotels) and privately owned public transport systems (rail and buses, but not air-carriers). Requirements are similar to those imposed on public systems under Title II. Health and Safety Title III stipulates that Rules nothing in this title shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. "Direct threat" is defined as posing a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures or by the provisions of auxiliary aids or services. 27 Effective Date, This title takes effect on January 26, 1992. Except for actions Regulations and relating to making alterations and new construction accessible, Compliance no civil actions may be brought against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less during the first 6 months after the effective date and no civil action may be brought against businesses with 10 or fewer employees and have gross receipts of $500,000 or less during the first year after the effective date. Regulations must be issued by July 26, 1991. The remedies and procedures under Title III are the same as those set forth in the Civil Rights Act of 1964.* Should the Civil Rights Act of 1964 be changed or amended, the ADA will likewise be altered. For complaints about public accommodations, individuals with mental disabilities may also bring private lawsuits to obtain court orders to stop discrimination, but money damages cannot be awarded. Investigation by The Attorney General is required to investigate alleged Attorney General violations of Title II provisions, including periodically reviewing compliance by covered entities. Persons can file complaints with the Attorney General who may then file a lawsuit to stop discrimination and obtain money damages and penalties. The Act gives the Attorney General guidance on which types of cases to pursue. The Attorney General is authorized to file suit if he has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of discrimination under this title, or that any person or group of persons has been discriminated against and such discrimination raises an issue of general public importance. Filing Complaints Complaints pertaining to public bus and rail systems may be filed with the Department of Transportation or individuals may bring private lawsuits. Complaints against privately operated bus and van companies may be addressed to the Attorney General or private lawsuits may be instigated. `Based on title Il of the Civil Rights Act of 1964, any person who claims discrimination on the basis of disability in violation of title III may bring a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order and attorney's fees. 28 Atca.:hment �-- 17.13: continued and staff to carry out normal bathroom functions, including bathing and personal care, with staff assistance as needed. (8) Location Site and Concentration of ResidentialProarams (a) 104 CMR 1:.13(7)shall not apply to residential programs in operation on the effective date of these regulations, unless the Department determines that the physical location of and other residential progran. either endangers the health. safety or welfare of its clients or does not meet the programmatic needs of its clients. rp) In order to provide opportunities for integration ci clients into the normal life to the community. and in order to promote speed convenience and safety of access to and from residential programs for diens and their familities. the programs shall be located: 1. In close proximity to or accessible to a population center of a city or town and to normal community business recreation. public service. and religious settings. 2. In a residential neighborhood or among other buildings whose differences in.extemal-dimeasioas--pIDrimity to the street and general design features do not. emphasize the residence's separateness. or . difference from the surioinding community in such a way as to stigmatize or devalue clients, (c) In order to ensure that clients living in residential programs shall not be concentrated in numbers greater than can readily be integrated into the neighborhood and general community. no residential program shall be approved which.is located in such proximity to another residential program licensed. regulated. or bperated by the Department as to sig.ificaatly after : the existing character of the community. (9) Caoacitv (a) The capacity of each rrsidential program shall be determined by the Department. and may vary depending on the size. location. and other characteristics of the residence. the ages and needs of the clients. and the experience and capability of the program: provided however. that the capacity of the residence stall orriaarily be limited to erah: residenaa! clients. unless the program can demonstrate to the satsiact:on of the Commissioner or his/her designee that up to twelve clients car. be accommodated by the program without detriment to the clients. (b) It is recog ittd that certain clients. particularly those with no life skill deficiencies. may benefit by care in a residential program having mare - twelve residential clients In such cases. the Commissioner or his:' e: designee may revieic a desc=ption of such residence and g-ant a waiver of the capacity requirements of the section. . 1. Life skill deficiencies may include any area .or faction in which clients require individual training and/or supervision wish redpect to such. daily Living skills as personal hygiene. home-making, meal preparation. budgeting and utilization of community resources including public transportation. recreational facilities.or other such generic services. 2, p waiver may be granted only under the following co:ditron:: - That no residential program accommodate more than twenty clients. - That the residential program not be located in a single family residential neighborhood in such a way as to create an uncue concentration of clients in the general communit%% - That the applicant for the waiver demonstrate by clear and convincing evidence that a waiver is necessary to enable it to best meet the individual needs of its clients in the must normal setting possible. fc) This subsecthor shall not apply to residential progrars in operation on June 14. 19:9. u_'rless the Department determines that the phys:cal environment of such a residence either endangers the health. safety or welfare of the chepts or does not meet the programmatic needs of*y c::eats. (10I Eme:-1enc:. Proceccres. Each prograrn sinal maintain an eme:gency fact C\: - t': h tpMR - 1 ivIENTAL HEALTH G 2 9 LAW PROJECT ��.i.�:, cam`=• . THE IMPACT OF THE FAIR HOUSING AMENDMENTS ON LAND-USE REGULATIONS AFFECTING PEOPLE WITH DISABILITIES The Fair Housing Amendments Act of 1988, effective March 12, 1989, for the first time brings people with disabilities under the protection of the federal fair housing law. The amendments will make a major difference for individuals faced with discrimination by sellers, agents or landlords. Just as important, the new law will have a sweeping impact on land-use regulations affecting housing for people with disabilities. Many government-imposed restrictions on the ability to open group homes or other housing for people with disabilities will be a violation of federal law. These include restrictions contained in state and local laws, such as special use-permit requirements, dispersion rules and limitations on the number of residents in group homes. Similarly, private constraints on housing for people with dis- abilities, such as restrictive covenants, will no longer be enforceable if they limit the ability of people with disabilities to live, like other citizens, where they wish. Moreover, the Fair Housing Act prohibits practices with discriminatory affects, not just intentional discrimination. This means that apparently neutral regulations, such as restrictions on housing for unrelated adults, are unlawful if they have the effect of limiting housing opportunities for people with disabilities. This memorandum offers an overview of the act and the regulations published in the Federal Register on January 23, 1989 by the Department of Housing and Urban Development. Because HUD lacks enforcem:nt authority with respect to local land-use law (the Department of Justice has that authority), it did not issue regulations specific to zoning.' Nevertheless the Fair Housing Amendments Act, its legislative history and many of the general regulations HUD did issue shed consid- erable light on the rules that will apply to land-use questions. The Scope of the Fair Housing Amendments Act for People With Disabilities The purpose of the disability-related provisions of the Fair Housing irrespetive Amend- ments Act is to permit people with disabilities to lice where they wish, of the views, prejudices and desires of neighbors, governments or the real estate industry. The act makes it unlawful to discriminate "in the sale or rental, or otherwise make unavailable or deny, a dwelling to any buyer or renter" because the person seeking housing has a handicap, is providing housing for other people with handi- caps or is associated with people with handicaps. Copyright 1938, Washington D.C. Permission will be granted for reproduction. upon request to the Mental Health Law Project. __'_1. L S;:cc! JJ..`:'�\'. S.i::_ _ `. ash<-.-:on C'C =^._;�-.aCO, I I!'14o7-5730, F:<:<:f 70-1 :::-J,O° Mental Health Law Project Fair Housing Second, the act prohibits discrimination in 'the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling' because of handicap. Third, discrimination includes "a refusal to make reasonable accommodations in rules, policies, practices and services, when such accommodations are necessary to afford such person equal opportunity to use and enjoy a dwelling's The regulations state that the act's fundamental purpose is to prohibit practices that 'restrict the choices' of people with disabilities to live where they wish or that 'discourage or obstruct (those] choices in a community, neighborhood or develop- ment."s The general rule is that any conduce relating to the provision of housing that makes it unavailable on account of handicap is unlaw:ul 6 The legislative history makes clear that the act's prohibitions apply to local government land-use decisions. As quoted is HUD's discussion of the regulations: The Act is intended to prohibit the application of restrictive covenants, and conditional or special use permits that have the effect of limiting the ability of such individuals to live in the residence of their choice in the com-aunity. The key in deciding whether a particular rei;ulation of land use is discriminatory is whether the same rules are applied to famili_s of similar size.8 Questions and Answers About How the Law Applies to Land-Use Regulations 1. Are dispersion requirements for group homes permitted? Dispersion requirements (such as rules specifying the distance required between group homes) and concentration limitations (such as restrictions on the number of group homes per square mile) are clearly prohibited under the law because their effect is to make dwellings of choice unavailable to handicapped people. The HUD rules also render even informal dispersion rules and anti-concen- tration practices unlawful. For example, the regulations prohibit the fo;iov lug: discouraging a person with a handicap from purchasing or renting a dwelling "in a community, neighborhood or development;"9 'communicating" that the person "would not be comfortable or compatible with existing residents of a community, neighborhood or development;"70 or "assigning any person to a particular section of a community, neighborhood or development."'t 2. May group homes be concentrated -- or, conversely, prohibited or restricted -- in certain neighborhoods or zoning districts? No, for the reasons just stated: the act prchibits restrictions on choice and specifically disallows assignment to a particular area. Further, any practices that "tend to peroe�uate segregated housing patterns" among people with handicaps are uniawful. Z This provision affects providers of 2 Mental Health Law Project Fair Housing residential services as well as regulators of land use by prohibiting 'ghettos' of people with disabilities. 3. May views expressed by neighbors or members of civic associations influence a group-home siting decision? No. The act makes irrelevant any expressions of discomfort or opinions by neighborhood residents that people with disabilities are incompatible with other residents of the neighborhood.' Just as neighbors' prejudice against members of racial minorities or religious groups cannot be used to exclude them, negative attitudes on the part of neighbors may not be invoked to keep out people with disabilities. This means that some of the arguments commonly used to oppose group homes, such as assertions that property values will decline or that group homes are incompatible with neighborhood character, are evidence of discrimination rather than a basis to keep group homes out of a neighborhood. 4. Can a local government limit the number of unrelated persons with disabilities living in a group home? No. Rules prohibiting unrelated people (or more than a certain number of unrelated people) from living in a household may appear neutral. But if they have the effect of limiting the housing opportunities of people with disabilities, such rules are unlawful. Such rules might be valid when applied to college students, for example, but not when it has the effect of excluding people with disabilities. Restrictions on the number of unrelated persons living in a household may also run afoul of the act's requirement of reasonable accommodation. That requirement means that otherwise-legitimate rules cannot be used to exclude a person with a disability if they prevent that person from an 'equal opportunity to use and enjoy a dwelling.."14 The regulations offer the example of a blind person who requires a guide dog: As a reasonable accommodation, an apartment building cannot require the blind person to comply with its otherwise-valid rule prohibiting rets.ts Similarly, if, as a practical matter, the only way certain people with disabilities can live in a community is to share a residence with other, unrelated people, the reasonable-accommodation requirement prevents enforcement of a rul,: prohibiting occupancy by unrelated persons. A local government may have occupancy rules requiring a specific number of square feet per resident. If applied equally to families and to unrelated people with disabilities, such a rule would be valid. Similarly, a local government can restrict the number of residents per dwelling (regardless of square footage) ir. certain neighborhoods. But it could not apply a different rule to people with disabilities than to families. 5. Does the presence of staff in a group home make any difference? No. The choices of disabled people in the dwelling are protected, so it makes no difference who else lives in the house. The approach of the Fair Housing Amendments Act thus differs from that taken by many state legislatures and some court decisions handed down before passage of the act, which have considered some group homes to represent "families" and others (such as those with staff) to be non-families. Under this interpretation, the non-families could be denied the opportunity to live in particular areas. Under 3 Mental Health Law Project Fair Housing the Fair Housing Amendments Act, by contrast, the right belongs to the persons with disabilities, and they may form whatever living arrangements they wish. Further, staff presence has to be viewed in the context of the requirement of reasonable accommodation, discussed above. if people with mental disabilities require paid staff to live in a dwelling, that reasonable accommodation must be made. 6. May local governments require special or conditional use permits for group homes or other forms of housing for people with disabilities? Local governments may not require such permits unless they are required of other dwellings of similar size, such as those occupied by families. The general rule of non-discrimination applies: If a family of six would not have to obtain a special use permit to occupy a particular dwelling, a group home for six people with disabilities may not be required tc obtain one. Again, the relevant comparison is to families, not to unrelated persons. On the other hand, if a special use permit is required fo: apa,tment construc- tion in a particular zone, the fact that people who would live in the apartment have disabilities would not exempt them (or the builder) from the requirement. 7. Are restrictive covenants that prevent people with disabilities from living together valid? No. The covenant would "discourage or obstruct choices in a community, neighborhood or development."16 The enforcement of covenants that preclude occupancy of a dwelling by people with disabilities is specifically identified in the regulations as a discriminatory housing practice;17 indeed, even the representation that such covenants would prohibit the transaction is a discriminatory housing practice.18 The response to question 4 about rules that restrict residency to single-family use applies here as we1L If the e:fect of an apparently neut:al rule (e.g. the exclusion of non-families) prevents unrelated people with disabilities from living together in the subdivision, the covenant is unlawful as applied to those people. S. Are any exclusions of people with mental disabilities permitted? The act does not F59rotect people who currently engage it.. unlawful use of controlled substances. People in a treatment program for drug abuse are covered, however.20 The act permits exclusion of persons whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.21 However, the law does not permit inquiries about possible violent behavior of people with mental disabilities unless "these inquiries are made of all applicants, whether o: not they have handicaps."22 In the context of land-use and zoning decisions, this provision meats that local zoning authorities may not hoid hearings on the behavior of potential residents of a group home unless the same procedures are required For other potential residents of the community. Because no communities in fact require families and others to be scrutinized before being allowed to move in, zoning authorities may not make such 4 11ental Health Law Project Fair Housing inquiries of future group-home residents. This is consistent with the Fair Housin;; Amendments Act requirement that local land-use planning agencies apply the same requirements to families as they do to group home residents. For more information, call the Mental Health Law Project at (202) 467-5730. February 16, 1989 Notes 1. 54 Fed. Reg. 3246. 2. Fair Housing Act Section 804(f)(1). 3. Fair Housing Act Section 804(f)(2). 4. Fair Housing Act Section 804(f)(3)(B). 5. 24 CFR 100.70(a). All Code of Federal Regulations citations are found in the Federal Register for January 23. 6. 24 CFR 100.50(b); 24 CFR 100.70(b). 7. 54 Fed. Reg. 3246, citing House of Representatives Report No. 100-711, 100th Congress, 2d Session at page 24. 8. House Report at 24. The Act specifically permits the imposition of occupancy limits. 9. 24 CFR 100.70(c)(1). 10. 24 CFR 100.70(c)(3). 11. 24 CFR 100.70(c)(4), 12. 24 CFR 100.70(a). 13. See note 10. 14. See note 4. 15. 24 CFR 100.204(b)(example 1). 16. 24 CFR 100.70(b). 17. 24 CFR 100.80(b)(3). 18. 24 CFR 100.80(b)(2). 19. 24 CFR 100.201(a)(2). 20. House Report at page 22. 21. 24 CFR 100.202(d). 22. 24 CFR 100.202(c) 2021 L Street NK Suite 500,Washington DC '--0036-4909,(202)467-3730, FAX:(202)223-0404 N013MAN S.ROSE>:UERC IRA A.3CR VI`d •v.,�+-,n:+..:e.O..wna C++••.e+ !) . „ ELIZABETH w CITLI]' UOV%:E?fIL5:ri% LEONAR05 BCUENS U\ UETH^crTc R. b...a..:.:.• itSAN STLrAN' FkUM:MENfAL HEALTH T0:S0L0MCN MHC MAR 12• :9?2 DEVEWPING COMMUNITY RESIDENTIAL PROGRAMS: A REFERENCE MANUAL FOR CITY SOLICITOR; MD TOWN COUNSEL Prepared for the EXECUTIVE OFFICE OF COMMUNITIES & DEVELOPMENT by: Kenneth N. Margolin, Of Counse:. Deutsch Williams Brooks DeRensis Holland & Drachman, P. C. Attorneys at Law 99 Summer Street Boston, Massachusetts 02110-1275 (617) 951-2300 October 15, 1990 $• Tha Fair HOUs ng Amondments Act Qf 1988 v (1) The 6cQpQ of the low is broad. Perhaps the most significant development yet in the area of housing laws regarding people with handicaps was the passage by the Congress of the Fair Housing Amendments Act of 198e, 42 U.S.C. §3601, et seq. , especially §§3604-3617. Municipal counsel must be familiar with this Act. It gives the pepaztment Of Housing and Urban Development, and the state and fedora:, courts, the power to enjoin discriminatory practices and to impose substantial monetary damages against those who commit such practices. Furthermore, the law applies to the statutes, ordinances, policies and practices of states and cities and towns. The amendments of 1988 made discrimination in housing on the basis of handicap a fair housing law violation. The Act is broad in scope, covering a range of conduct. Its definition of the handicapped persons protected is also broad, tracking the definition of "handicap" found in the Rehabilitation Act of 1973 , 42 U. S.C. §706 . Section 3602 (h) reads: "Handicap" means, with respect to a person- 1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in section 802 of Title 21 . 28 It Ls beyond the scope of this manual to discuss fully the definition of "handicap" in the law. There is no question, however, that the definition includes mental illness and mental retardation. The Housing and Urban Development regulations implementing the statute further define "handicap" as follows at 24 CFR Subpart D, §100.201: i . . .Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. . . . I "Major life activities" is defined as: - . . functions such as caring for one's self. performing manual tasks, walking, seeing, hearing, i speaking, breathing, learning and working. 9 In other words, the residents of community residential programs j of the type discussed in this manual are certainly protected by the law. In addition to protecting the residents themselves, the Fair Housing Amendments Act protects the operators of the community residential programs from being discriminated against because they have, or plan to have, people with mental handicaps live in their premises. "Person" in the statute includes, amongst others, corporations, partnerships, associations, legal i representatives, and unincorporated organizations. 42 U. S.C. §3602 (d) . It is unlawful "to discriminate in the sale or rental , or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap" of not only the buyer or renter, but a handicap of "a person residing in or intending 29 FROM:MENTAL HEALTH TO:SOLOMON MHC MHrd 1c• 1Syd �:eir'i ❑u o -.a . to reside in that dwelling after it is so sold, rented, or made available, " and a handicap of "any person associated with that buyer or renter. 01 42 U.S. C. §3604 (f) (1) . Discrimination also --includes -discrimination "against any person in the terms -— - -- - conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling. . . . " 42 U.S.C. §3604 (f) (2) . (2) The law aAplies to sates and m micipalitiPs judicial resolution will Rey tntestions. by r guired to ru give scene The section of the statute defining discrimination and unlawful acts on this basis of handicap does not specify that the law applies to state and local laws and to zoning practices or decisions of municipalities. A review of the whole statute, along with pertinent legislative history, leaves no doubt that i municipalities are covered. Section 3610 (g) (2) (C) of 42 U.S.c. mandates that: If the Secretary determines that the mater involves the legality of any state or local zoning or other land use law or ordinance, the Secretary shall immediately refer the matter to the Attornev General (of the United States) for appropriate action under section 3614 of this title, instead of issuing such charge. Essentially, the above section states that when the question of the legality of a state or local law is in question, the Secretary of H.U. D. , rather than investigate the matter, refers it directly to the Attorney General for possible federal court action. 30 FROM:MENTAL HEPLTH TC:SOLOMCN MHC M;R 12. 1492 5c21PM !1716 P.08 The House Committee Report submitted by the Judiciary Committee stated: These new subsections would also apply to state or—local land use and health and saf4,ty laws, - -- - - regulations, practices or decisions which discriminate against individuals with handicaps. While state and local governments have authority to protect safety and health, and to regulate use of land, that authority has sometimes been used to restrict the ability of individuals with handicaps to live in communities. (footnote omitted) This has been accomplished by such means as the enactment or imposition of health, safety or land-use requirements on congregate living arrangements among non-related persons with disabilities. Since these requirements are not imposed on families and groups of similar size of other unrelated people, these requirements have the effect of discriminating against persons with disabilities. i i If the courts adopt the House Committee Report's statement i as to the law's meaning, then requirements which purport to protect the health or safety of residents of community residential programs, but which treat them differently than members of families living in their own homes, may be declared illegal . An example is sections of the state Building Code that require residents of community residential programs to undergo periodic fire drills (780 CMR §§ 424. 81 438 . 3 . 10; 440. 4) . The federal law views community residential programs as family living arrangements with potential needs for accommodations, but not restrictions, which are not imposed on family homes. Under this view, one would conclude that however wall-intended, the state Building Code self-preservation requirements are discriminatory because they impose restrictions on people with handicaps who require community residential programs, that are not imposed on people without handicaps. A 31 sellers and renters of property, or to states and municipalities as well . On the one hand, it could be argued that most owners or lessors of property do not have_ "rules, policies,. practices, or services. " On the other hand, it might be argued that the Provision is intended for condominium associations and othsr such bodies. As noted, at some point a judicial resolution is likely. (3) lnterference -witb rights o ote ted under the Act Qreates an of action. The Act makes actionable any attempt to "coerce, intimidate, threaten or interfere" with any person in the exercise or enjoyment of any right provided by the Act Additionally, any efforts to interfere with any right protected by federal or state law via "threats, intimidation, or coercion" also violates the Massachusetts Civil Rights Act, General haws, Chapter 12 , §111 . Both laws provide for compensatory damages , Plus costs and attorney's fees to the prevailing party. The federal law provides for punitive damages. (4) There are several means of gnforc ig the law. The enforcement provisions of the federal statute permit a choice of administrative or judicial action, or in some cases, a combination. They are set forth below: 1. Any aggrieved person can file a complaint with the Secretary of the Department of Housing and Urban Development (hereafter, referred to as "H.U. D. ") within one year of an alleged act of discrimination. H•U. D, can 33 also file a complaint on its own. 42 U. S.C. § 3610 (a) (1) (A) (i) . H.U. D. notifies the person or entity who has allegedly discriminated (the respondent) , who then has ten days to respond. 42 U.S .C. Within twenty days of the time that H.U. D. serves the respondent with notice of the complaint, either party may elect to have the United states Attorney General file a complaint on behalf of the aggrieved party in Federal District Court. 42 U. S.C. 93612 (a) . The Attorney General must do so within thirty days of the election to have him proceed. 42 U.S.C. §3612 (o) . If this election is made, i then the case will be heard in federal court and the H.U. D. hearing discussed in the following paragraph will i not occur. i 2. If the election to have the Attorney General handle the case is not made, then H.U. D. investigates the case and completes the investigation within 100 days, unless it explains in writing why it cannot do so. 42 U.S.C. §3610 (a) (1) (B) (iv) . When the investigation is completed, H.U.D. finds either that there exists "reasonable cause" ; to believe that discrimination occurred, or that there does not exist reasonable cause. If reasonable cause is i not found, the complaint is dismissed. If it is found, then a trial-like hearing will be held before a federal administrative law judge. 42 U.S . C. §3610 (g) and ft §3612 (b) . The administrative law judge can enjoin I continued discriminatory conduct, and can , award actual ) damages to the person discriminated against, as well as a 34 i civil penalty ranging from $10, 000. 00 for a first offense to $50, 000. 00 for two or more offenses during the prior seven years, plus costs and attorney's fees to the prevailing complainant. 42 U. S .C. §3612 (g) (3) . (5) Any aggrieved party may file suit in state or federal where punitive d=qes may be awarded. I The section of the Fair Housing Amendments Act which has the potential to create the greatest positive impact on the fight against housing discrimination on the basis of handicap is the one which permits any aggrieved party to bring an action in state or federal court. This right is separate from and in addition to the right to file an administrative complaint with H.U.D. It is also different from the election to have the Attorney General file suit on behalf of a H.U.D. complainant i after an administrative grievance has been filed. The federal court action can be filed by the person claiming discrimination ,I within two years after the alleged discriminatory housing i{ action. 42 U.S.C. §3613 (a) (1) (A) . In fact, the two-year period i is stayed pending any H.U. D. administrative proceeding. 42 U.S.C. §3613 (a) (1) (9) . The federal court action can be filed whether or not a H.U.D. complaint has been filed and can be i filed at any time within the statute of limitations period described above, provided only that an administrative law judge has not yet begun a hearing on the record as a result of a complaint filed with H.U. D. 42 U.S.C. §§3613 (a) (2) and (3) . of primary importance, the court can award not only injunctive relief, actual damages, costs and attorney's fees, but punitive 1 1 35 1 1 damages as well . 42 U. S . C. §§3613 (c) (1) and (2) . (6) lUilding inspectors shouter document ca"fully DQD--dlscriminatory reaso7s for denyingomits to a r=mtanity res den i al program and ensure that alabconscious bias does not aPtPrr tb-eir dOCision. Any building inspector who denies a permit to a community residential program operator should very carefully document i reasons that are (1) consistent with the local zoning ordinance, ! provided the ordinance is not itself discriminatory; and (2) unrelated to the handicap of the proposed residents. An example I of an acceptable reason for permit denial would be if internal wiring were not in accordance with state Building Code standards (the Building Code refers to G.L. , Chapter 143 , §31, and the 1 Massachusetts Electrical Code (527 CMR 12 . 00) . That reason would be acceptable because it would also result in a permit denial for a non-community residential program dwelling that was going to house a family or non-related group with the same number of people as in the community residential program. An invalid reason for permit denial would be, for example, a lack of extra security locks on the doors and windows because of fears expressed by abutters for their own security. such a rationale, although couched in terms of fear of crime, is in fact a classic example of discrimination because of handicap. The federal law, and Chapter 106 of the Acts of 1989, discussed earlier in this manual, actually simplify matters for building inspectors and other local officials. A simple rule of thumb will result in proper actions in most instances: In enforcing the zoning laws , or building or ether health and 36 recu'nrlcry I-L nnrlLlrl IU SULUMUN rML. MIH .d• safety codes, community residential prog• ams should be subject to the same type of scrutiny and conduct as families or groups of non-related people of similar size to the group occupying the community residential program, personal or constituent opinion j about the appropriateness of a community residential program at I1 any given location should play no part in official decisions. In fact, the law is so overwhelmingly developed in favor of the -right of community residential programs to exist ir. any neighborhood that in most instances they will readily qualify for whatever permits they require to renovate and open. C. 0E. 1989 Conforms Massa huaosts IAw to the Federal Fair Housxinn Amendments Act Chapter 722 of the Acts of 1989 was enacted on January 13 , 1990 and took effect on April 13, 199o. The main purpose of the act is to bring Massachusetts law into substantial conformity with the Federal Fair Housing Amendments Act and to extend the Jurisdiction of the Massachusetts commission Agalns_ Discrimination (M. C.A. D. ) to cover discrimination in housing on the basis of handicap. That change will make Massachusetts eligible for certain federal funds, and will enable H.U.D. , if it elects to do so, to refer to M.C.A.D. complaints under the federal law. The state law protects peop-le with disabilities from discrimination in publicly-assisted housing, multiple-dwelling housing (3 or more units) , commercial space, and any housing made available to the public with the exception of owner-occupied, two-family units. In most .3ther respects, the I 37 FROM:MENTAL HEALTH TO:EOLCMON fC c - ' " state law is identical to the federal law. Similar to the federal law, the state statute permits the case to be decided by the M. C.A. D. or the superior Courts, with either party given the right to remove a case from M.C.A. D. to the court. Both the court and M. C.A. D. can award attorney's fees to the prevailing complainant; the court can award punitive damages . X. CONCLUSION The right of people with mental handicaps to live in community residential programs in any neighborhood in the Commonwealth is now firmly established. The law has come to reflect the international recognition that people with mental disabilities must live as close to normal as their abilities permit in order to live dignified and productive lives. Local officials have always had the responsibility to be aware of the law's evolution and to properly apply the law, independent of the fears and biases of constituents . The Federal Fair Housing Amendmelts Act of 1488 makes that obligation more compelling than ever in the area of access to housing for people with handicaps. Conduct deemed to be discriminatory under the law can expose municipalities to substantial financial liabil:.ty. Municipal counsel can protect their clients by making local officials aware of the laws before thev are faced with decisions relating to community residential programs. Awareness of the laws in advance can minimize the impact of the sometimes vocal opposition to the siting of a community residential program. 38 This manual was conceived with an additional and perhaps higher goal in mind. Attorneys are in a unique position to educate local officials and residents not only about the law, but also as to the reasons behind the law. It is our hope that the municipal law bar will take the lead ir. persuading the public of the rightness of laws and policies which permit people with mental illness and people with mental retardation to live amongst us as equals. 39 521 CMR: ARCI II IF.CIURAL BARRIERS BOARD 3 BUILDINGS UNDER JURISDICT`ON a.o 3.1 All construction, reconstruction, alteration, remodeling and changes of use of public buildings or other facilities open to the pubiic shall conform to these Regulations. 3.2 The performance of any work which Is governed by Section 21 (Curb Cuts) of these Regulations shall be considered construction and, therefore, must fully comply with these Regulations, except that Sec- tion 3.3 shall not apply. 3.3 The following formula shall apply and govern all construction (except construction of curb cuts under Section 21 of these Regulations), reconstruction and changes of use as defined in these Regulations: A. If the work being performed amounts to less than twenty-five percent (2581 of the one-hundred percent (1004) equalized assessed value of the building, and 1. the cost of the work is less than $50,000, only that portion of the work being performed shall comply with these Regulations; 2. the cost of the work is 550,000 or more, then that portion of the work being performed shall comply with these Regulations, and an accessible entrance and toilet usable by a person in a wheelchair also shall be provided. B. If the work being performed amounts to more than twenty-five percent (254) of the one-hundred percent (1008) equalized assessed value of the building, the entire facility shall comply with these Regulations. 3.4 The formula contained in Regulation 3.3 also shall appl,, to all re- modeling and alteration as defined in these Regulations, provided that the work being performed amounts to more than five percent (54) of the one-hundred percent (100%) equalizedassessed value of the build- ing, or a building permit is needed, or work is determinoid to be an alteration by a state or local building inspector. 3.5 When the work performed on a building is divided into separate phases or projects or under separate building permits, the total cost of such work in any twenty-four (24) month period shall be addacl together in applying the formula in this Regulation. 3.6 When a building is occupied by two (2) or more different uses, the Regulations applicable to each use shall apply to such parts of the building within that use; and if there are conflicting previsions, the Regulations securing greater accessibility shall apply. 3.7 Buildings owned, controlled or operated by private clubs are exempt from these Regulations. (See Section 5.15) 3.8 For registered historical buildings or districts, owned or protected by the government, the Board may allow alternate accessibility. 12/31/86 521 CMR - 15 •521 CA1R: Alt CI 11-f f',CTURAL onn.••- :I . 1 Z A W j 26 ENTRANCES i P C rima public entrance(sj of a building shall be accessible by The �I �.I persons in wheelchairs roach to such entrances) shall be a paved walk or ramp with The ap uninterrupted by steps; and such entrances) �'2 a nonslip su rfzce, inches from the door, on the interior shall have a level space sixty (611) inches clear floor and exterior of they entrance oc°the latch, pull cede ofethe doors. area shall also be p i 36.3 �stibles: Between an (tvi io nches plusor pthetwidth o any edoor swingre shall e" um ing into the space. C TY't.TY. } e'-C DmR l"sC PLAN—VESTIBULE PLAN— VESTIBULE I 521 CMR - 49 II ' 1n r 521 CNIR: All CI IIII:,:"II[It A1. BARRIERS BOARD STAIRS 28 Y' All interior arid exterior stairs, required as a means of egress shall comply with the following Regulations: 2 Such stairs shall be constructed r 4 without abrucl t ro'ection of trrl ead nosin s. Risers may slope no more than and then angle which-quartthe riser ne inches from the horizontal projection, 9 makes with the tread shall not be less than seventy (70) degrees. Open risers are not permitted. Handrails shall be set on both sides of such stairs at a height of thirty-four (34) inches above the intersection of tread and riser. Wall } rails on each set of such stairs shall extend at least twelve (12) inches beyond the top and bottom riser at height of thirty-four (34) inches above the floor or landing, but need not so extend if it would cause a t. safety hazard or if space does not permit. ' I i .. _ NCN-OLID 111 VAX STAIR SECTION CETAIL I e and 28.4 The hand-grip portion of handrails shall be not less than inches in one-quarter (1 1/4) inches and not more than two (2) outside diameter, shall be round or oval in cross-s sction, and shall have a smooth surface with no sharp corners. 28.5 Clearance between a wall and its wall rail shall be one and one (1 i _ 1 2) inches. 28.6 Stair treads shall have a non-slip surface, and only a non-slip finish material may be applied. :i21 CMR - 53 ' '+ 12/31/86 521 CMR: ARCI I!TI:CI'IIRAL DARRIERS DOA -f I with the following: - - -- 25.1 All NMPs shall comply 25.2 slope of amps shall not exceed o (ve p ht (48) Inches minimum 25.a Width of ramps shall not be less-than forty-eight clearance, measured at the railings:�` 1 rz Boa ' PLAN-- o^aa� pp wx.UWM PLAiFORhf—. PLA paMv : 32 ELEVATION 521 CMR - 46 - 12/]1:F', ARI-HkI .CTURAL11AllltlD(b uv ••• -- 1 � height I set on both sides of r2 mp4 at pairs,height of ni Han,.n ramp• Ha^`i i Handrails shall be inches, and f lower the surface of the the top and 'c ��-four (�� Vertically from inches beYo^d saf sty of thirty measured twelve (12) It would Cause a sa (k9) inohes, at least extend if less than but need not so shall not be inches in 90 rails shell axt^m7 than two (2l shall bottom of The hand rtion of the handrails and q inch cs nor mora CMS of - one and one_au artehall 1 (round ar oval in A clearance of one a^- II diameter, shall be no sham corners. the wall rail. outside th surface with between a wall and _ Ca meted have a smock/2) inches shall exist and shall not be I ona -half (1 low Pile, non-ab- a surface that is non-sh density, adding• Specified as h�9h and without P Ramps shall have anchored' with an ed __ 'S except with tautly, securely be secured sorbant, stretched path of travel must Carpet ending In the P ai hths (3/81 of an inch. stn no higher than three_ 9 1 l \ y _ e _ . li I� "b �— ), �aAO : 7lfR x:12 HN. d d ddWK. ,NIL acv ELEVATION i 521 CMR_ 47 12/71/86 GREATEN LYNN Mental Health & Retardation Association, Inc. July 10, 1991 Mary Lynn iY Peter Sutton 6 Carpenter Street Salem, MA 01970 Dear Mr. & Mrs. Sutton: I am in receipt of your letter criticizing the residents of 136 Federal Street. Your letter was delivered to the residence. and it was very upsetting to the staff and residents. In the future, please address all correspondence to me at: 37 Friend Street Box 408 Lynn, MA 01903 The retarded citizens at 136 Federal Street do not reside in an 56 Baltimore Street "institution". This is their home and they have every right to 37 FrienlStreec occupy this residence without disruption from you or other neighbors. Under the 1988 Federal Fair Housing Act, any P.O. Box 408 individual or group which discriminates or interferes with Lynn. Nlass whusecrs handicapped individuals' rights to live in the community,ty, is J1903 subject to suit including treble damages and payment for all 617-593-1088 legal fees. Fax 617-593-5731 Any further negative or disruptive communication with the residents or staff by you, neighbors or your representatives will Servvig die needs of result in my filing a complaint against you and any others d=100,LW mwxded and involved. emadona&daoabed cnz-ns in 35 ewtvn Concerning your specifics: `lussa:ivaseta sues and ¢wru since 1958 1 . The sidewalk is not our responsibility. Please call the C-.ty of Salem and ask them to replace it, and maybe they can get AfiU�d mthde our landlord, Mr. Hughes, to do his responsibilities. ,M,u=hu and Namnal As�*'Mend 2. We are renters and we have been unsuccessful in our attempts Heald;a United Way age to have the Landlord improve the property. We are presently filing a health complaint against him. 3. We would like to purchase the building or move the program, however, the Department of Public Welfare, which has veto power over rate increases, will not approve the additional expense. Mary Lynn & Peter Sutton July 10, 1991 Page 2 We would gladly join with you and the neighbors to run a fundraiser to pay for the improvements that you are requesting. The State has approved a 5 percent cut over two years in all community programs. We obviously do not have the resources to do this work. Also, State regulations do not allow me to do any capital improvements. 4. Although we would prefer a partial fence, we are not required to fence our lot and close in our residents, as you are not required to do so. 5. toy staff assure me that the residents are not Left for long periods of time unattended in the yard. However, residents who do not roam from the area are permitted to sit in the yard, as you are in yours. 6. I've been told that your noise complaints are exaggerated and unfounded. Our staff and at least one neighbor refutes your allegations. We will not close our windows during 80 or 90 degree days. Our residence is quieter than most other homes or. the street. Our residents are usually in bed by 9:00 p.m. , and we have no late night social gatherings. Also, all residents are in vocational work and/or training programs form 13:30 a.m. to 4:30 p.m. Monday through Friday. I will be investigating your complaint concerning excess noise and clients being left unattended. It would be helpful if you could forward me the dates and times of the alleged incidences. The Federal Street home used to be a nursing home for years (it has 14 rooms) , and twice the number of residents and staff lived and worked there than are presently there. Our usage of 136 Federal Street as a home for eight retarded citizens is in keeping with the residential nature of the neighborhood. Should we abandon this usage, certainly a program or rental usage, housing more than eight residents would occur. Please forward me a summary of the dates and times of the alleged incidences. Your success in getting the City of Salem to repair the side walk, and work with us on fundraising for the house, would be greatly appreciated. Mary Lynn & Peter Sutton July 10, 1991 Page 3 I will forward ;he results of my investigation to your complaints concerning clients being left unattended and the noise problem as well as the results of our Health Department complaint under separate cover. Sincerely, LO Albert W. Bleau, Jr. Executive Director AWB/adc cc: Cliff" Hughes Paul Tempesta Linda Bleau Debbie Thurber Atty. Bob Cowden, III Extended Receiver List Mr. Albert Bleau 136 Federal Street Salem. MA. 01970 June , 17 , 1991 Dear Mr . Bleau: Now that the warmer months have again arrived , we are dismayed to find that your institution has reverted to its old practices of leaving your noisiest residents out-of-doors unattended for long periods of time. These people make alarming repetitive noises that are scarcely consistent with the tenor of a domestic community, let alone the quiet atmosphere that so many homeowners and historically minded organizations have tried to foster in Salem ' s historic district. When the abutters and neighbors met as a group with your legal representatives in 1989, our complaints about the general maintenance and noise levels were placated with promises of improvements in the operation of your facility. The back der was to be kept closed to contain the constant noise and a fence was to be built to reduce the din. Your people also hinted at physical improvements . The reconstructed back steps are welcome but hardly a sub- stitute for shoring up the decaying building and repairing the rutted asphalt that covers the original brick sidewalk . There is no question but that the building and the standards of the institution have further deteriorated in recent years . We have complained of the noise to the police often, but they, naturally, feel an ambivalence in responding to such calls . And yet no one, regardless of disabilities , has the right to make their neighbors ' lives so miserable . Mental illness has no such license. We ask that you speak with your employees and the building ' s owner so that the neighborhood can see some real improvements . ,�Sii�nncc/erreell,"y'', Q � � 4 i yL A_e Mary Lynn & Peter Sutton 6 Carpenter Street �� C Salem, MA. 01970 cc: Kevin Harvey Neil Harrington Mass . Dept . of Mental- Health 1� 9 ( Health As private residents and/or abutters we, the undersigned, object to the public inconvenience, noise and appearance of the institution at the corner of Federal and Carpenter streets. We find objectionable: the traffic created by institutional services, the lack of maintenance and the appearance of the property in an historic district , and the absence of professional supervision of the residents, especially during the warmer months, when they are frequently, and for long periods, left out of doors. unattended: 1 41—& 1;17 U7 /t, Ca�PPIN t� Svc- L.: 4 _••Ge.c..n .. ..i ',a! . �//ir..l' .tom i.�i �,/��U� Sy: .� ,.�. �� t '- ' c- �� •�� n�1C 11 c-� �� ?_ ALBERT W. BLEAU, JR. Receiver Associated Group Homes, Inc. 37 Friend St., P.O. Box 408 Lynn, Massachusetts 01903 July 17, 1991 Mary Lynn Sutton 6 Carpenter Street Salem, MA 01970 Dear Mrs. Sutton: I understand you called the ICF the other day and was rude and abrasive to the staff. Please refrain from calling and harassing the staff and residents. I have looked into your complaint a little further and have found that a "street women" was walking down the street around the 29th of May at 9:00 am. She came onto our porch and was yelling and screaming at the house and a staff member. The police were called and the individual left. Maybe you mistook this person for one of our residents? I was also informed that there are a group of individuals who rent across the street from us who work on vehicles sometimes into the evening, drinking beer. They are sometimes quite noisy. I hope you are not blaming my residents for their noise and commotion? Additionally, on May 29th, our residents were up early at 5:00 a.m. to catch a plane for vacation at Disney World. I'm sorry for any noise they may have caused as they were leaving. Sincerely, , n Albert W. Bleau, Jr. Executive Director/Receiver AWB/m]g cc: Cliff Hughes Paul Tempesta Linda Bleau Debbie Thurber Attny. Bob Cowden, III Charlene Sylvestre J CU Ip T{ Salem Ristorical Commission ONE SALEM GREEN.SALEM,MASSACHUSETTS 01970 (508)745-9595 EXT.311 February 22 , 1993 Clifford T. Hughes 4 Curtis Street Salem, MA 01970 RE : 136 Federal Street Dear Mr. Hughes : In September, 1991, the Salem Historical Commission approved work done to the rear staircase at 136 Federal Street contingent that the finials to replaced with those that approximate the size of the finials at the Bertram Home. At a subsequent Commission meeting, you indicated that the finial replacement would be completed by July 31, 1992 . To this date, the finials have not been replaced. The Commission feel that you have been provided ample time to complete this minor alteration and respectfully requests that the work be completed within 30 days . Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman lJ-o . r--- J � � Y� wcC.... CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction ( ) ; reconstruction ( ) ; demolition ( ) ; moving ( ) ; alteration (X) ; painting ( ) ; sign or other appurtenant fixture ( ) work as described below in the . . . McIntire Historic District (NAME OF HISTORIC DISTRICT) Address of tY� ProP er 136 Federal St. Name of Record Owner: Clifford T. Hughes DESCRIPTION OF WORK PROPOSED: Repair of back staircase as completed contingent that finials be changed to approximate the size of the finials at the Bertram HOme. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Mass. Cen. Law Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the appropriate permits from the Inspector of Buildings prior to commencing work. Dated: 9/12/91 SALEM HISTORICAL COMMISSION By Chairman ✓ 1 Sa)em Historical Commission ONE SALEM GREEN.SALEM,MASSACHUSETTS 01970 (617)745-9595, EXT. 311 June 25, 1991 NOTICE OF VIOLATION Chien Nominee Trust Clifford T. Hughes, Tr . 95 Essex Street Salem, Ma 01970 RE: 136 Federal St . Dear Homeowner: Recently, it has come to the attention of the Salem Historical Commission that exterior work (porch/railings in rear) was conducted at 136 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. If you 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 HISTOR CAL COMMISSION Annie C . Harris Chairman cc : Building Dept. City Clerk JHisCom9/HIS919 e�+,coNorrti�� Salem Historical Commission CITY HALL. SALEM. MASS. 01970 •,JgfO/HIN6 TP�4Y CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [ ]; demolition [ ] ; moving [ ]; alteration [ ] ; painting [X]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 136 Federal St. Name of Record Owner: Clifford T. Hughes DESCRIPTION OF WORK PROPOSED: Repainting in existing colors. Please note that shutters, doors and fence are to be black and that trim, body and sash are to be white as existing. Non-applicable due to being 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 (MA_ 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: August 26, 1991 SALEM HISTORICAL COMMISSION By Chairman 1 Greater Lynn Mental Health & Retardation Association, Inc. 56 Baltimore Street • 37 Friend Street 1'O. Bnx 408, 1,vim, Massachusetts 01903 Telephone: (617) 593-1088 • Fax: (617) 593_5731 Senvigr Essex aro{ Middlesex Counties October 2, 1990 Ms . Anne C. Harris Chairman The Salem Historical Commission One Salem Green Salem, MA 01970 Dear Ms . Harris : I have been asked to respond to a letter you forwarded to Mr . Clifford T. Hughes on September 26, 1990 regarding the location of 136 Federal Street in Salem in the McIntire Historic District and Greater Lynn Mental Health and Retardation Association, Inc . 's intent to purchase the property with MIFA funding. Please be advised that GLMH&RA did not purchase 136 Federal Street in Salem with MIFA financing, nor did the Association purchase any other properties in Salem with MIFA financing . Please contact me if you need further clarification . Sincerely, LNu- p. GOh j--L Elaine M. White Director of Operations EMW/la cc : Sam Nagler Leslie Josephs Clifford F . Hughes a: 820 Sewing the needs of the retarded and emotionally disturbed for aver 30 years. Affiliated with the Stare and National Associations for Mental Health WALTER B. JONES, A.I.A./ARCHITECT/419 BOYLSTON STREET/SUITE 811/BOSTON, MASSACHUSETTS 02116 TELEPHONE 617 536-2673 January 14, 1980 Mr. Jacob S. Wolfson, Chairman Salem Historical Commission City Hall Salem, Massachusetts 01970 Dear Mr, Wolfson, Thank you very much for your January 10th letter addressed to Mr. Boulger endorsing a conversion of 136 Federal Street. Unfortunately, circumstances beyond my control have necessitated a withdrawel of the petition to the Board of Appeal for the time being. I am thus returning the January 10th letter to you herewith. Perhaps you could keep it on file because I am hopeful that conditions at a later date will permit me to re-file for a variance. Again, thank you for your kind consideration. Si cerely, Walter B. Jones, A. I. A. xcs Mrs. Elizabeth Wheaton encl3 Ltr. fr. J. S. Wolfson to J. H. Boulger, Jr. dtd. 1-10-80 y��,ca+nrrtiV'' H `A 5 � f rlr FFGL�h Salem Historical Commission CITY HALL. SALEM. MASS. 01970 January 10, 1980 James H. Boulger, Jr. , Chairman Board of Appeal City of Salem Salem, Massachusetts 01970 Daar Mr. Boulgers The Salem Historical Commission has had an opportunity to review the preliminary plans of Walter B. Jones for conversion to a two-family at 136 Federal Street. As this is a most important location in the local Federal Street Area Historic District and the Chestnut Street National Register District, we are most enthusiastic about the prospects of investment in the building, particularly were this to include exterior improvements. The particular building in question is a fine, though somewhat mistreated, example of its period, and its location in a local district means that exterior modifications will come under the Commission's jurisdiction at the appropriate time. We note that the preliminary plans call for no disruption to the basic exterior form of the building and are confident that satisfactory solutions can be found for those features on the plans which, at this time, the Commission feels may not be appropriate to the historical quality of the structure and neighborhood. Therefore, the Commission would like to convey to you its endorsement for two-family conversion at 136 Federal Street. Despite our reservations about the particulars of the preliminary plans we have seen, it is the Commission's opinion that conversion of the building to two town-houses can be successfully accomplished within the confines of historical appropriateness. I hope this endorsement will be of some assistance to you in-your deliberations. I remain, Very t y yours, L7�- acob S. Wolfsoon� Chairman J&1:ebw WALTER B. JONES, A.I.A./ARCHITECT/419 BOYLSTON STREET/SUITE 811/BOSTON, MASSACHUSETTS 02116 TELEPHONE 617536-2673 January 14, 1980 Mrs. Elizabeth Wheaton, Clerk Salem Historical Commission 28 Chestnut Street Salem, Massachusetts 01970 Dear Mrs. Wheaton, It was a pleasure meeting you and your family a few weeks ago. Enclosed is a copy of my self-explanatory letter to Mr. Wolfson. I am of course disappointed that the conveyance of the 136 Federal Street property could not materialize at this time, but am still hopeful that something can be worked out in the future. Please accept my sincere apology for the inconveniences caused you and your Commission, and also my thanks for your very kind assistance. Sincerely, Walter B. J nes, A.I.A. encls Ltr, to J,S.Wolfson dtd. 1/14/80 WALTER B. JONES, A.I.A./ARCHITECT/419 BOYLSTON STREET/SUITE 811/BOSTON, MASSACHUSETTS 02116 TELEPHONE 617-536-2673 January 14, 1980 Mr. Jacob S. 4olfson, Chairman Salem Historical Commission City Hall Salem, Massachusetts 01970 Dear Mr. 'Wolfson, Thank you very much for your January 10th letter addressed to Mr. Boulger endorsing a conversion of 136 Federal Street. Unfortunately, circumstances beyond my control have necessitated a withdrawel of the petition to the Board of Appeal for the time being. I am thus returning the January 10th letter to you herewith. Perhaps you could keep it on file because I am hopeful that conditions at a later date will permit me to re-file for a variance. Again, thank you for your kind consideration. Sincerely, D Walter B. Jones, A.I. A. ✓xcs Mrs. Elizabeth Wheaton encl : Ltr, fr. J. S . nOolfson to J. H. Boulger, Jr. dtd. 1-10-80 mA\ 11�\ t1AA- kp'c h cr\ Iz cz;,O Dry \T awe o�A" January 10, 1980 James H. Boulger, Jr. , Chairman Board of Appeal City of Salem Salem, Massachusetts 01970 Dear Mr. Boulgeri The Salem Historical Commission has had an opportunity to review the preliminary plans of Walter B. Jones for conversion to a two-family at 136 Federal Street, As this is a most important location in the local Federal Street Area Historic District and the Chestnut Street National Register District, we are most enthusiastic about the prospects of investment in the building, particu8a31y were this to include exterior improvements. The particular building in question is a fine, though somewhat mistreated, example of iSs period, and its location in a local district means that exterior modifications will come under the Commission's ,jurisdiction at the appropriate time. We note that the preliminary plans call for no disruption to the basic exterior form of the building and are confident that satisfactory solutions can be found for those features on the plans which, at this time, the Commission feels may not be appropriate to the historical quality of the structure and neighborhood. Therefore, the Commission would like to convey to you its endorsement for Ewo-family conversion at 136 Federal Street. Despite our reservations about the particulars of the preliminary plans we have seen, it is the Commission's opinion that conversion of the building to two town-houses can be successfully accomplished within the confines of historical appropriateness. I hope this endorsement will be of some assistance to you Nyour deliberations. I remain, Very truly yours, Jacob S. 'Wolfson Chairman J591ebw HAND DELIVERED WALTER B! JONES, A.I.A./ARCHITECT/419 BOYLSTON STREET/SUITE 811/80STON, MASSACHUSETTS 02116 TELEPHONE 617-536-2673 TOs Ms. Elizabeth Wheaton DATES December 29, 1979 Clerk of the Historic District Commission 28 Chestnut Street Salem, Massachusetts PROJECT: 136 Federal Street, Salem, Ma. -------------------------------------------------------------- Enclosed herewith please finds copies of letter dated from to 2 prints each of dwqs. Nos. 1 thru 8 prints each of prints each of sets each of sets each of Others approved approved as noted - resubmission required approved as noted - resubmission not required returned for correction X for checking and approval for endorsement of Appeal to the Bd . of Appeals for your records Please return copies of each to this office. REMARKS ' The endorsement of my appeal to the Appeals Bd. by your Commission would be most helpful. Upon purchasing said bldg. , I plan to convert it to a 2-family residence, Encls as listed above WP�LTER V� N l O Ln H • C O N V E R S I O N O F 1 3 6 F E D E R A L S T R E E T W W N DRAWINGS DATED DECEMBER 17, 1979 Z N T 0 = U T W 0 T O W N - H 0 U S E S DWG. NO. 1 - SITE PLAN w Q DWG. NO. 2 - PROPOSED FIRST FLOOR PLAN 2 DWG. NO. 3 - PROPOSED SECOND FLOOR PLAN Total Land Area = 8,442 square feet o ` DWG. NO. 4 - UNFINISHED THIRD FLOOR Land Area Covered By Existing Building = 2,582 square feet DWG. NO. 5 - EXISTING FIRST FLOOR PLAN Land Area Covered By Proposed Building Including Decks = 2,780 s.f. m DWG. NO. 6 - EXISTING SECOND FLOOR PLAN Total Land Coverage As Percentage (proposed layout) = 33% co w DWG. NO. 7 - EXISTING ATTIC PLANLn F= O ro W N ' PROPOSED FLOOR FINISHES P R 0 P 0 S E D U N I T A R E A S - P R E L I M I N A R Y cccc L9' N 'LIVING AND DINING ROOMS - oak parquet Z m U N I T "A" U N I T "B" w BATHROOMS - ceramic tile/vinyl V) z basement 1,348 sq, ft. 1,098 sq. ft. > O KITCHENS - vinyl O d m w BEDROOMS, CORRIDORS - carpeting first floor 1,348 sq. ft. 1,098 sq, ft, rn w OWNERSHIP OF DRAWINGS second floor 1, 115 sq. ft. 663 sq, ft. U W third floor (unfinished ) 648 sq. ft. - x The attached drawings, listed above, are the attic _ 630 sq. ft. sole property of Walter B. Jones and are not Q Q to be reproduced or used by anyone for any 1,761 sq. ft. = TOTAL LIVING AREA 2,463 sq. ft, a purpose except as expressly authorized in writing by the Architect, Walter B. Jones. TOTAL AREAS 4,459 sq, ft. 3,489 sq. ft. O 0 C6 m W .. F J ' _ Q 3 II _ F E D E R A L 5 T R E E T I ,, y F ( f r ,p;�II Y _ 1 z 4 A f M m � i P R 0 P O S E D S I T E P L A N 12-17-79 136 federal street, Salem, massachusetts scales 1/15"= ' J# -o'#: WALTER B. JONES. A.I A IARCHITFCT'419 R(1VI STnN ;TRFFT";IIITF R11fRr14Tr1N MA;rAr.HiISFTTC 02116 �'a4 xe y/ 2 I x; C c+ z ?o c T ♦_ £ ° o I eaw � V1 .l .SYG. 8 L r - - V r FiY' p ^ ^ Z ? J• i C I� w z Z C A _ z C% � k m h O_O O (1 � G � 0. .� v N y ., � I I -- Pilo .._.. e ' °','a4 a?pyE $i, --_.e.....�.—%�+.�i�;�m,�e•z �-- _ ` P R O P O S E D F I R S T P L A N 136 federal street, salem, mass. 12-17-79 scales . 1/8"=1'-0" WALTER S. JONES, A.I A /ARCHITFCT/419 BOYLSTON STREFT/SUITE 811/130STON MASSACHUSETTS 0211E I I T K 7u - 3 "• rl Z - Z *10 D C ❑ � % A e — C ❑ F A I _ Z C I r Z - I � W CD to I _ 71 p I o i i P R O P O S E D S E C O N D F L 0 0 R P L A N I ' 136 federal street, salem, massachusetts 12-17-79 scales 1/811 1 ' WALTER B. JONES. A I.A /ARCHITECTA 19 BOY LSTON STREET/SUITE 811/BOSTON. MASSACHUSETTS 02116 rfti- _ A-7 -- - - - - C r>1 f V` c n � c c z 8 z Z a m o r -q 'n rn `0 D z i "� z Z l �y P co U N F I N I S H E D T H I R D F L O O R A N D A T T I C 136 federal street, salem, massachusetts 12-17-79 scales 1/B"=1t-0I' WALTER B. JONES, A I A /ARCHITECT/419 BOYLSTON STREETISUITE 811/8OSTON. MASSACHUSETTS 0211, 35 ' 0 II � I _ z O O � . � o O O o O � O z Q 7 i O p l � C T 0 v d 2 l� I F O ol, nn ti rn `J r" D rn 1 3. 9 . 9. c>„ Z E X I S T I N G F I R S T F L 0 0 R P L A N 136 federal street, Salem, massachusetts 12-17-79 scalei 1/8"=1' -0" WALTER B. JONES, Al AIARCHITECT/419 BOYLSTON STREET/SUITE 811/BOSTON, MASSACHUSETTS 0211E i I --I w o O ro I I T11 I IE i 2 N W N I O Q . 0 i i l/ 1 E X I S T I N G S E C O N D F L 0 0 R P L A N V/ 136 federal street, salem, massachusetts 12-17x79 _ scales 1/8"=1 ' -0" WALTER B. JONES, A.I A /ARCHITECT/419 BOYLSTON STREET/SUITE 811/BOSTON, MASSACHUSETTS 021 1( � . V z 1N 0 � n � 8 L< Z 0 b P -1 r � 0 0 � L_ E X I S T I N G A T T I C P L A N 136 federal street, salem, massachusetts 12-17-79 scales 1/B"=1 ' -0" WALTER B JONES A I A /ARCHITFCT%419 BOYLSTON STREET!SUITE 811/RFISTON. MASSACHUSETTS 02116 1 I 1 111 v I c* ■.Til!!' F�!,t.i_ � r I F 11 I I i. rn l`9r` C'R'3C umInFj -- .. -- "4� r l r x rn 11 i r4 $�sy �P i I P R O P O S E D A D D I' T I O N O F F L O W E R B 0 X E S 136 Federal Street, Salem, Mass. 12/29/79 scaler 1/8"=11 -0" 0 C O N V E R S I O N O F 1 3 6 F E D E R A L S T R E E T w DRAWINGS DATED DECEMBER 17 , 1979 I N T O x T W 0 T O W N - H O U S E S Q DWG. NO. 1 - SITE PLAN Q DWG. NO. 2 - PROPOSED FIRST FLOOR PLAN DWG, NO. 3 - PROPOSED SECOND FLOOR PLAN Total Land Area = 8,442 square feet o Land Area Covered By Existing Building = 2,562 square feet r DWG, NO. 4 - UNFINISHED THIRD FLOOR (n DWG. NO. 5 - EXISTING FIRST FLOOR PLAN Land Area Covered By Proposed Building Including Decks = 2,780 s .f. m DWG, NO, 6 - EXISTING SECOND FLOOR PLAN Total Land Coverage As Percentage (proposed layout) = 33% 00 IWDWG. NO. 7 - EXISTING ATTIC PLAN Z) .M LU � W N PROPOSED FLOOR FINISHES P R O P O S E D U N I T A R E A S - P R E L I M I N A R Y ¢ M' . f- L9 V - LIVING AND DINING ROOMS _ oak parqueZ 70 t U N I T it All „U N I T B„ 0 w BATHROOMS - ceramic tile/vinyl in zo . 'KITCHENS - vinyl basement 1, 348 sq, ft. 1,098 sq. ft, o BEDROOMS, CORRIDORS - carpeting first floor 1,348 sq, ft. 1,098 sq. ft. w v � OWNERSHIP OF DRAWINGS second floor 1, 115 sq, ft. 663 sq. ft. F u W third floor (unfinished ) 648 sq, ft. - The attached drawings , listed above, are the attic - 630 sq, ft. U sole property of Walter B. Jones and are not to be reproduced or used by anyone for any q TOTAL LIVING AREA 2 ,463 sq, ft. 1 ,761 sq, ft. purpose except as expressly authorized in a vi writing by the Architect, Walter B. Jones. Uj TOTAL AREAS 4,459 sq, ft. 3 ,489 sq. ft, o l m W H • J . Q 3 F E D E R A L 5 T R E E T i I �.gid7-771 _ � 1 Ai M I t I � � Y D z m ► � I i I m i I M � P R 0 P 0 S E D S I T E P L A N 12-17-79 136 federal street, salem, massachusetts scale: 1/16^= ' 1•-0" WALTER B JONES. A.I.A /ARCHITFCT'419 Rf1YI ST6N STRF.FT/SIIITF R11'R(11;TY1N, MASSACHIISFTT-, 0211F 'xC� i��YA ��' ta�t�4,x tiI41Bj �l 1 H t � b ► A. £ o° o° Y m w IN 3 F. r f I eus v Y A A - C p C F C I -v E D ^ 0-C. - pIn o C4 y. Ux Zr SaT.wr_-+*++s_aa�c_..f.i.umilrrefetle wx;u»�reL�"re=a.-_--" P R O P O S E D F I R S T P L A N 136 federal street, salem, mass. 12-17-79 tscale+ . 1/8"=1'-0" WALTER B. JONES, A.I,A /ARCHITECT/419 BOYLSTON STREET/SUITF 811/80STON. MASSACHUSETTS 02116 s m o i>4 Y C ? -- ZIZ C -- — — - Z -- -1 r � r D s � � Y rr N b � M c ❑ I ❑ w W K • I 11 P CS z - � I I I �. N IY co I V oc tP II - � p I Y II c o I I I Ii i I I P R O P O S E D S E C O N D F L 0 0 R P L A N 136 federal street, salem, massachusetts 12-17-79 scales l/8" 1 , WALTER B. JONES, A I.A /ARCHITECT/419 BOYLSTON STREET/SUITE 811/BOSTON, MASSACHUSETTS 02116 C L b 1w a z 0 z (rI — o rn IF (0 D Z r � ' rn - - c z c C3 1 I IRV IF U N F I N I S H E D T H I R D F L 0 0 R A N D A T T I C 136 federal street, salem, massachusetts 12-17-79 scaler 1/8"=19 -0" WALTER B. JONES, A.I.A./ARCHITECT'419 BOYLSTON STREET/SUITE 811/80STON, MASSACHUSETTS 0211, i 0 I� o o O N O 44O O w v c Pi 0 0 D r-I r 0 w m = 7' A I I rn D. z it — - — -- V� E X I S T I N G F I R S T F L O O R P L A N 136 federal street, salem, massachusetts 12-17-79 scalei 3/811=1'-0" WALTER B. JONES, A.I A./ARCHITECT/419 BOYLSTON STREET/SUITE 811/BOSTON, MASSACHUSETTS 0211F. i N rW W L a I W N v I W C- Q 'O O _ -- Np Z: nNi w l N p O `T1 I E X I S T I N G S E C O N D F L 0 0 R P L A N V/ 136 federal street, salem, massachusetts 12-17-79 _ ' scales 1/8"=1• =0" WALTER B. JONES. A I A /ARCHITECT/419 BOYLSTON STREET/SUITE 811/80STON. MASSACHUSE-TS 0211E k v z � n � p 8 L=: Z I b � Q --I —tf --i 0 E X I S T I N G A T T I C P L A N 136 federal street, Salem, massachusetts 12-17-79 scales 1/8"=1'-0" WALTER B. JONES. A I.A /ARCHITFCT/419 BOYLSTON STREET/SUITE 811/80STON, MASSACHUSETTS 02116 I I I N tc�iir;s E y[:� x:310 f 1 I , `I S 1 I c 1 I I D _ I -a , c� 4 1 � P R O P O S E D A D D I T I O N O F F L O W E R B 0 X E S 136 Federal Street, Salem, Mass. 12/29/79 scales 1/81'=10-0" Ulnl TCD o In far^ n , w ,w nn, .T r n-,..n --. ,--.. I-----". ..-r- —. -/.-Tl.- ..wnn eni '. i 11T11 All 1❑ e��,co.orrl� Salem Historical Commission CITY HALL. SALEM. MASS. 01970 A 4 ♦, '�fO1MM6 V��'Y CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ x] ; reconstruction [ ] ; demolition [ ] ; moving [ ] ; alteration [ ] ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . Federal Street Area Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 136 Federal St. Name of Record Owner: PACT, Inc. DESCRIPTION OF WORK PROPOSED: Construction of porch to support porch lift installation, new stairs, railing to eliminate architectural barriers to the handicapped: construction to take place on rear, Carpenter Street doors American Stair-Glide Porch Lift; as per plans. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (Federal Laws , Ch. 40C) and the Salem Historical Commission. Dated: 11/14/79 SALEM HISTORICAL COMMISSION By has m n October 11, 1978 Mr. Michael Lowe PACE, Inc. 136 Federal Street Salem, Massachusetts 01970 Dear Mr. Lowes Thank you for your cooperation in exploring alternative ramping and egress designs for the PACE, Inc. residence at 136 Federal Street. As you know. the Commission hopes to review final plans at its meeting on November 1, 1978. In the meantime. architect Robert Scagliotti will be in contact with you to assist in developing a design which will be appropriate in this historic area. At the November meeting, when full specifications are available, the Commission will be able to vote on your application, with issuing of Certificate possible in 15 to 30 days. The Commission hopes that in considering a time extension, the state will understand the importance of this process of thoroagh review within a local historic district and that every effort is being_ made to expedite this process. Very truly yours, j Jacob S. Wolfson Chairman JSW:ebw 1 � , � r�,� \� J Z`` L1-_i ,' __� l �c�, -- �ti __,_ �� . �.j\ J �-- _� � `.� � t.� LL-� '- �J- < il_1 �� T - 1 �1`. `1� ., �,� � . m I I - ,,; i lii ' I I � \v ! f-- - - I V J L 1 R r 5 -R_ + ct K 77 r L pu, I I i � I� 4 I 1� �— cJ Freedom from stdirway barriers. Adjusts ' Ir Limit Switch Stops Lift at Weatherproof Automatic Designated Height Finish Operating Ramp and Guard Rail Key Operated Constant "Over-The-Step" Pressure Switch Ramp (Optional Equipment) "Cali-Send" Controls (Optional Equipment) Mechanical & Electrical Mechanisms Side 12 Square Foot Base Totally Enclosed Guard Rail Platform with Frame Dimensions Non-Skid Surface Anchor Points 62" x 40" I i i r � i I RC1f01.1rN1'M from AMERICAN STAIR-GLIDE " Many people—those in wheel- allows the user to start, stop, or SIMPLE INSTALLATION chairs or with other physical handi- reverse direction at any point. "Call- caps—can't climb stairs.So stairways Send" controls are available when The PORCH-LIFT is shipped as- can create a barrier to their indepen- used by more than one person.Oper- sembled and ready for installation. dence. PORCH-LIFT removes that ating on standard 110 volt current, Simply anchor the frame to a con- barrier and provides those individ- the motor and lifting mechanism are crete surface, attach the guard rails, uals with a new measure of freedom, completely enclosed to prevent con- complete the electrical connections tact with moving parts and the plat- and PORCH-LIFT is ready to use.The form's non-skid surface provides steel constructed unit is completely excellent traction in any weather. weatherized, requires very little space, and will provide years of trouble free service. Convenient, safe, easy to use, and attractive. Features that make the r-- - PORCH-LIFT the perfect answer to stairway barriers. - s WARRANTY All PORCH-LIFT parts carry a writ- ten one year guarantee. Y HELP...WITHOUT ASKING FOR IT PORCH-LIFT is a safe lifting plat- VERSATILITY form that eliminates the need for PORCH-LIFT models can accom- assistanceingoing upordownstairs. modate varying height requirements But it also eliminates the hazards of and can be used for most outdoor unsightly ramps. PORCH-LIFT is installations. It's also adaptable to completely safe for use by anyone, many in-.erior applications and is n any weather. With PORCH-LIFT,the rider simply attractively designed to fit in with walks or rolls his wheelchair onto anyarchi:ecturalscheme. the platform, pushes a button, and is automatically raised or lowered to the proper level. It is perfect for use ;;• in residences, governmental build- ings, hospitals, universities, private office buildings, lodges, churches or PERFECT COMPANIONS wherever a stairway creates an ac- FREE-WHEELER, the porta:)le cess problem. power wheelchair from American STAIR-GLIDE that has everything— except a high price tag. Made of SAFE AND EASY lightweight anodized aluminum it TO OPERATE - folds to a compact 91/2" width, uses any standard 12-volt battery and PORCH-LIFT can be operated by comes with a built-in batterycharcer. the rider without assistance.The key PORCH-LIFT and FREE-WHEELER— operated constant pressure switch the perfect companions. HUTCHI 0 DRUG AMM 02 133 ►.ynnway, �Ynn� "PUTTING PEOPLE IN MOTION" /AJ -GLIDE PORATION 4001 FAST 138TH ST. GRANDVIEW, MISSOURI 64030 400 PM 4536 i:A�+z,.�.r �+� � ��11 `• at�l.��d'dH� I-+O �4�1bM�c7� :�!-liA�(-I l�l�i�;� I ` ) I I i j •�uai =�I :Iny� 1^wN�;:�d e �4 d4l1y xZY � --� j Cpl„ 4WW 31WA _ aLw,,]:P%+uaK1 x i i �,1�M( 3aki`tj721� 1.FM c�Ya�1e AYI - 1 p.-o-. i I�doi1VN u0 6'1o1LL �Ou�� -'f'hM„- — -- I I i 6>Nlndd I n II I Ij f I �i I - I I r" L r E September 25, 1978 Michael 1. Lowe P.A.C.E. Inc. 136 Federal Street Salem, Mass. 01970 Dear Mr. Lowes The Salem Historical Commission wishes to make known that your application for two concrete ramps at 136 Federal Street is currenty under review by our Commission. As you know, our review approval is necessary for any extetior alteration visible from the street within the Federal Street Area Historic District. Please be informed that we are making every effort to expedite this process and hope that your funding sources will take this into consideration in deciding upon a possible time extension for you. Very truly yours, Jacob S. tdolfson Chairman JSWIebw RAMPS 8. 1 Ali ramps required as d means of egress for the handicapped sh311 comply with the following; 8.2 slope of ramps shall not exceed one-,in-twelve (1:12) . 8.3 Width of ramps shall be not less than forty-eight (48) inches in minimum clearance, measured at the railings. b'.d MiN: LEVEL 6'-e. MIN. LEVEL LGNpINy CREA lyNO1N61 CRNA j _- MIN. MIN. I . MIN 4 Z� EPLATFORM. LOVE L RAMO UP gni '. SIdPE 1:12 V '5E - PLAN P m _— •ylpru 1:12 ' MIN. RAMP : '✓Q'O, MAX. LrN�1 6"O — �. ELEVATION NSE _ ACCoeDiN! 7v 73✓ILZ>11V6 RAMP MP.y Pae Cv.J sTRi CTED f-(LON ANY MA•rERiAI AS LON G AS 15 Cr MFc-rs ALS pieC1:55AX 5PEGI FICA �.ylS WO✓LD INLtuoc V.l000 AS A 3✓t�o'^I4 (MATEL'AL F0(2 TAe RAMP 8.4 Handrails shall be set on both sides of ramps at a height of thirty three 33) inches, and a lower hand rail nineteen (19) inches in height, measured vertically from the surface of the ramp. Handrails shall extend eighteen (18) inches beyond the top and bottom of the ramp at a height of thirty-six (36) inches, but need not so extend if it would cause a safety hazard. The hand rip ortion of hand- rails shall not be less than one and one quarter 15; inches nor more than two (2) inches in outside diameter and shall be basically round or oval in cross-section, and shall have smooth surface with no sharp corners. A clearance of one and one-half (1 ) inches shall exist between a wall and the wall rail . )XIVI'1NCI NE1V GONtFMuGrION _ .. .- I Yt -ro `Ndll - - --_ - I%2A TO WALL - - - ` _ 20 MAX."- - 1V4' MIN. 10 MAX. i 1 TO 4UMM?T1Nei RALL I%4dMIN. , 'L°MAX. IL eL _� - 01 i I NEW MIL7RAIL- Mey �I 6E, 69PED To t xt�iN'j e PA6M'ih Ar RAMPS _? J p SECTION SECTION 17 8.5 A ramp shall have a surface that is non-slip. 8,5.1 Only non-slip finish material may be applied to any ramp, 8.5,2 Ramps shall not be carpeted except with carpeting specified as high density, low pile, non-absorbent, stretched tautly, securely anchored, and without padding. Carpet ending in the path of travel must be secured with an edging strip not higher than three-eights (3/8) of an inch, 8.6 Each ramp shall have at least sixty (60) inches level clearance at the lower end. 8.7 Each ramp shall have level platforms at intervals not exceeding thirty-four (34) feet for purposes of rest and safety and shall have level platforms wherever they turn. 51'O° MIN. LEVEL N2Fd 41-0°MIN.LEWL N/E4 RAMP : - SLOF>^ V 12 =_gNTTZAfJC� , MIN. MIN. .. LAN w�l _ — -------- --- --- - I � - �TITRANCF_ I — RAMP 5�O� MIN, LEVEL ARE4 MiN.LEVL`L dREA 9lOPC i: 12 _ r" v �^ __.� -----__—Y -_ fT NIN. ELEVATION 18 Saiern -iisroricai �,.om issacn ONE SALEM GREEN.SALEM. MASSACHUSETTS (61 7)745-9595, EXT.311 September 26, 1990 Chien Nominee Trust Clifford T. Hughes , Tr. 95 Essex Street Salem, MA 01970 / RE: 136 EeX Street Dear Mr. Hughes : Recently, the Salem Historical Commission received a copy of a letter from Massachusetts Historical Commission (MHC) to Krokidas & Bluestein regarding Project Notifications Forms submitted for the Greater Lynn Mental Health Retardation Association. The letter referenced nine properties, including 136 Federal Street, which are proposed for improvements. Please be advised that this property is located in the McIntire Historic District. Regardless of whether or not the MHC finds that the proposed work may have an adverse effect on the historic property or district, Salem Historical Commission review and approval of the exterior work will be required before any work can begin. The Commission meets twice a month and applications must be filed a minimum of 16 days before a meeting. In this regard, the Commission advises that you file the appropriate applications early in your planning process . Applications are enclosed. If you need assistance or have any questions, please contact our staff assistant, Jane Guy, at the Salem Planning Department ( 508 745-9595, Ext. 311) _ Thank you for your cooperation in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman cc : Brona Simon, MHC Leslie Joseph, K & B Minutes/Hughes a SST 7 S s. J 9r• �MAfISSX� 041 On We aItI' to August 10, 1990 Leslie Joseph Krokidas & Bluestein One Milk Street Boston, MA 02109 RE: Review of 9 Project Notification Forms for properties located at: 95 Rock Street, Lowell 15 Audubon Park, Lynn 37 Friend Street, Lynn 4 Rockdale Avenue, Lynn 423 Pleasant Street, Melrose 2 Prospect Hill , Merrimac 136 Federal Street, Salem 63 Burril Street, Swampscott 4 Walnut Street, Wenham Dear Ms. Joseph: The Massachusetts Historical Commission has reviewed the nine Project Notification Forms that you submitted for the Greater Lynn Mental Health Retardation Association, received July 11 , 1990. The Massachusetts Historical Commission concurs that eight of the nine projects listed above are unlikely to effect significant historic or archaeological resources. The property located on 136 Federal Street, Salem is the sole exception from this list. No further review is required of the remaining eight projects. The property located on 136 Federal Street in Salem is a contributing building within the Chestnut Street National Register Historic District. The description of proposed rehabilitation includes installation of energy efficient windows. Currently, the staff of the MHC are unable to determine what effect the proposed project may have on the historic property and district. Please provide additional information on the existing condition of the sash at 136 Federal Street as well as what the sash are proposed to be replaced with. Also, please provide details of any other work .proposed for the exterior of the building. Massachusetts Historical Commission,Valerie A.Talmage,Executive Director,State Historic Preservation Officer 80 Boylston Street, Boston, Massachusetts 02116 (617) 7278470 Office of the Secretary of State, Michael J. Connolly,Secretary These comments are provided to assist in compliance with M.G.L. Ch. 9, ss. 26-27c, as amended by Ch. 254 of the Acts of 1988 (950 CMR 71 .00) . If there are any questions please contact Paul Holtz of this office. Sincerely, /�j/' ��///J ' 7 �/C�LtG'Y nV . / rona Simon Deputy State Historic Preservation Officer Massachusetts Historical Commission cc: Salem Historical Commission BS/PH/kab CO T Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (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 ❑ 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: 136 Federal Street Name of Record Owner: Eastern Mass. Housing Description of Work Proposed: Remove aluminum siding. Repair/replace what is underneath in kind(i.e. clapboards,flatboards, cornerboards, quoins, etc) with no changes in material or design. Any changes required to be delegated to Commission Stevens. Window portion of application continued to meeting of 1/19/00. Dated: January 6, 2000 SALEM HIS ORICAL COMMISSION By: �f' ✓' 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. r � 4 S �g l Y .. F tr: ME Y #4 4 i� A �ylop µ I �y { �p 4 F � C u i # r IJ 7 �+4 fi to > i �Jf r f �L 1.- � _ \ : : i � ` < } ` \ 2 � . � w ° V� ~y » y! � � . �� ` � � . \ \� � � f� \� � � �� \ � > 2 . > , � f � . � �f �_� � � ' � �� k . ! . - � /\ � �� . � � » \ w©\ ° ® � y\ / < : �: , : � � � �� k « : . . , . z \ . \ § ; Q \ ! . . 2 » . / ° « « . . . ° . �: a . : : . w � � ■ ^\ � \ \ � \ � 2 ( ( � � # � : z y . . : . ? - � : < : . � � � � ° � �) � � . � � - 2 \ �� » \ � . : � � \\ �� « 2 : \ � _ , . P . y . ,y . . . . < 2 � � ! : , . < , /. . K � ` 2Ja�. ! - � / �'- . ��f . ^ ? � ° � �\ � « . z � « . . � : � a < & . .. , w � - \ :% � ` . . • � � . ? �Z2 � % » / � » � � ƒ \ \ � � _ - \ ° fk � � � . « \�� \ ~ � ` � ( �g k z : . , �_ , , � � � � y\� Zs . ° ^ � \ . \ � � ^ \ \ s : � � « . � . ~ �� ' � \\ ^ �\ \ \ I � Jw . a � � �6 : �. » � � � � . � � � . \ . �: � . . , � , : , . ° < » . > . » : � � ® : . � 7 � m , § � 7 �` 2 J � . 2} Work Write-Up & Estimate Sheet • Code Item: These items must be addressed! License: All contractors must be licensed by State and Local Departments, and must show proof of same. Insurance: All contractors must carry adequate insurance, and must show proof of having same. Permits: All contractors must secure Building Permits prior to start of work. All subcontractors must secure permits prior to start of their respective work. Historical District: All exterior work, ,must go before Historical Commission prior to start of work. Windows, siding and fence. Exterior Windows: Repair existing (40) forty windows by removing and dumping. Supply and install (40) forty new wood, energy efficient,replacement windows. Contractor to make exact measurements to insure proper fit of each window. Windows to be installed as per manufacturers specifications. Siding: Remove existing aluminum siding and dump. Supply wood clapboards and reside entire house. All new wood to be prime painted and finish painted (1) one coat. Fencing: Supply and install along rear of backyard. Fence to be wood and to be the same as existing fence along street side. Fence to be prime painted and finished painting to match existing. Interior Flooring: Remove existing kitchen flooring to subflooring. Supply and install 12x12 vinyl times set in a waterproof cement. Tiles to be laid as per manufacturers specification. Color by owner. Remove existing flooring in first floor bathroom to under flooring. Supply and install tile flooring in waterproof cement as per manufacturers specifications. Color by owner. Cabinets: Remove existing bathroom cabinets and dump. Supply and install new bathroom cabinets to area. Prime paint and finish paint all bare wood. BID SHEEP NAME: CASE# : ADDRESS : PHONE NO. ITEM # ITEM PRICE 40 Energy Efficient Rap laro,,,ent Windows,......_..___ . $in,nnn no 3 _ Remove an(l $eQldP with ..,nnri 4 clnnhnar - ____ $9R non nn 5 Fence at Sear Qf. Y"d $ 1 ,9nn-nn 6 Fl onritlgjn-Bath.rDnm & Ki rrhen $ 1. Ann nn 7 Kitchen Cabinets-- $ 1r9nn on 8 1u — 11 — 12 --- - - -- 13 -- - -- 19 —— 15 — — — 16 --- — 17 - — - - 19 20 - - -- -- TOTAL $ Each uid includes each and Cm identified in the specicications by their respecti • c I , ( Business Owner , Agent ) have c=,i . ,,.i .:nderstand the entire bid package and understand all the r•1. 1 lgacl;.1 s involved with submitting these tid prices . - The unocrsigned agrees to fully guarantau all labor and material for a period of one ( 1) year Erow compleclon date . Compan% Name Compan,, Address and Telephone Authu: zed Signature Date t,I,Iiruximate Starting Date Note : . c property is located in District , any exterior change_ visible from the street , lnciuding paint color , must recei %.-&. prior approval of the SalCntiiisucric Commission. MOD/BIDSHT :zt�� fvt... r � 1`�Jx .w' y II k:��'-.� - �'•�� " 3 �� •� f (ice i.P b:. i ter„ Ak ? .- -rs!c�'�`'.`- �3R�.`�•` Or tP d.-..y� •5�!iN � I .� f t 111 x . w s s� x N7. F 1 I a ]qQI P $ pu ? N�� .&k � NG•Pi" J[y p �G t Y iL... i f e � Y.�x-�*"4 4 rid r. ". � {�' i r sv.*�,{<S x't, x+y F,. t° �' S�'�ua✓'? • / r a ] ..�Y d9 r� iw �Y. s= 0 k 4 ' I � �p��• vt'f P' - I' ty . .I' r �. y t �� r '. 1� � w • 1 �'! �4- t `W .x,4Fp` y t, w� .... we!• Y,. Wkl h � t rs rt '76• PF'r. L � J'�. a�+,coxrcrl Salem Historical Commission CITY HALL. SALEM, MASS. 01970 r 'qt4/MIM6��S CERTIFICATE OF,APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [ ]; demolition [ ]; moving [ ] ; alteration [X] ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 136 Federal St. Name of Record Owner: Greater Lynn Special Needs Housing Corp. DESCRIPTION OF WORK PROPOSED: Change steel entry door on Carpenter Street to Brosco M1053 utilizing flat trim molding using the minimum needed to cover the distrance between the door and under the transom, flat on top (not mitered) with two vertical pieces with acceptable reveal of Y" under transom. Change bedroom access door to Brosco M100. Paint alarm box white. Relocate knox box to where rest of utility items are to the left of the door. Paint tops of rails to rear deck and entire fence body color of house. (as previously stipulated) .- to be completed by 8/31/95. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (Mass. General Law Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the appropriate permits from the Inspector of Buildings prior to commencing work. Dated: 12/22/94 SALEM HISTORICAL COMMISSION By C� C airman 0 T y �3 Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (978)745-9595 EXr.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 Propem : 136 Federal St. Name of Record Owner: Greater Lvnn Special Needs Housine Corp. Description of Work Proposed: Replacement of windows as necessary to replicate existing. No changes in color, material, design or outward appearance. Non-applicable due to being in kind replacement. Dated: April 11, 2000 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. +� .r q•• f __. �� Y - = ., r� � �� ; '.r. �, � � � � I �- � •9pq �:: 7 - �� _� \ �..: /:: '-� -fit =-� -- � � �, -. s �; i i �� r �� '.-� t �_ �'. . '�.� y.r. s � `� �� __ � �� a ' E I _ 'a.: f rim� � -� _ _ i ,' �,.. 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