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F / ' t NY swep ola4d• Sl�l�cd• veVuaiup. SWOU OW46• srvPd aBLIIQI ,.62p awes 9y1 ui Ile-do wayl Hold pue s1116 palaosse WWW dnM Fep awes;) y ^ai 5 ri a 0 Fussier, Pamela 220501 k978)745-4225 1HR - 10 Kiosk Prints DIG 08/07/16 09;34 AM Store #4595 CONNOR Order #990505044 PICKUP TIME: 08/07/16 09;15 AM I IIII IIIIII IIIIII I II 4 9001220501 0 KIOSK photo by WLZOI.e� If It'S Worth a Fic um, I+% Worth a Print from formal portraits to spontaneous photo shoots — Walgreens.comrphoto online• • • 1 Oojd ojolAd i '�' f� % ' f _ ' �♦,,. z'�: i �' ^^ /�' ,G��. __.. F• s__s.��,,;�,i�; . � ' _ =-_ �: _- - - / � --- � -- %. �.._ ' '� - �� / - �,'�' _ r �-: :: _ . . r � ♦ ♦ �♦♦f . -�.. ..v. - .<� aft��r a i♦. F-..:. . . . . . . . . i e is+�'�♦ �ffai i�o f0♦f f ! O�y' pf O ♦ f �af��aft� �i i i s�i� }fi i t ffe a� i s �. f 'i � _ -� 'aaf:af:+ff 6 ♦ as fat .y'i'aa fa ff�s Y ♦ �: Y ♦ �f�f � - V ♦ ♦ aaf of \ 'Y+� fa Mef Commonwealth of Massachusetts A 1 Citv of Salem uV 120 Washington St.3rd Floor Salem,MA 01970(978)745-9595x5641 Return card to Building Division for Certificate of Occupancy Permit No. 13-16-959 PERMIT TO BUILD FEE PAID: $70.00 DATE ISSUED: 9/6/2016 This certifies that LUSSIER PAMELA A has permission to erect, alter, or demolish a building 5 HARRINGTON COURT Map/Lot: 260567-0 as follows: Repair/Replace RECONSTRUCT FRONT PORCH (SKETCH ATTACHED) REPLACE DECKING, POSTS, RAILINGS & STAIRS (IN CONCRETE W/BLUESTONE TREADS. (WITH SHC CERTIFICATE OF HARDSHIP) Contractor Name: DBA: Contractor License No: 9/6/2016 Building Official Date This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. HIC #: 'Persons contracting with unregistered contractors do not have access to the guaranty fund-(asset forth in MGL c.142A). Restrictions: Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. Cornrnonweaffh of MassadiuseLts m °a T City of Salem 120 Washington Sl 3rd Floor Salem.MA 01970(978)745-9595 x5641 0 Return card to Building Division for Certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT Excavation PERMIT TO BE POSTED IN THE WINDOW Footing INSPECTION RECORD Foundation Framing Mechanical Insulation INSPECTION: BY DATE Chimney/Smoke Chamber Fii ial IrA Plumbing/Gas Rough:Plumbing Rough:Gas Final Electrical Service Rough Final doFire Department Preliminary Final (+Ji PreHealth Department Preliminary Final 0 Salem Historical Commission 120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 (978)619.5685 FAX(978)740-0404 CERTIFICATE OF HARDSHIP -REVISED It is hereby certified that the Salem Historical Commission had determined that the proposed: ❑ Construction ❑ Moving ✓ Reconstruction ✓ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other work as described below has been approved under a finding of Hardship, 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: 5 Harrington Court Name of Record Owner: Pamela A. Lussier Description of Work Proposed: Reconstruct front porch per revised sketch (see attached). Decking to be constructed of Azek in gray. Posts and railings to be Harvey RDI product in white per attached specifications. Stairs to be in concrete with bluestone treads. The installation of synthetic materials is approved based on the building's location at the end of a narrow, dead-end street which has caused significant weather-related damage to porch. While the approval ofsynthetic materials is a departure from Design Guidelines, it is allowed on a hardship basis only. Reason for Issuance of Certificate of Hardship: o The application affects only the building or structure on which work is to be done and not the historic district in general. o The application is approved because it does not cause substantial detriment to the public welfare. o The application is approved because it does not cause departure from the intent and purposes of the amended Historic District Act. Dated: 8/25/16 SALEM HISTORICAL COMMISSION By: C. 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. CC) v'S fit S5 al ul • v��ONDIT hO A.\ 3 Salem Historical Commission 120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970 (978).619-5685 FAX(978)740-0404 CERTIFICATE OF HARDSHIP It is hereby certified that the Salem Historical Commission had determined that the proposed: ❑ Construction ❑ Moving ✓ Reconstruction ✓ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other work as described below has been approved under a finding of Hardship, 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: _5 Harrington Court Name of Record Owner: Pamela A. Lussier Description of Work Proposed: Reconstruct front porch per attached sketch. Decking to be constructed ofAzek in gray. Posts and railings to be Harvey RDI product in white per attached specifications. Stairs to be in concrete with bluestone treads. The installation of synthetic materials is approved based on the building's location at the end of a narrow, dead-end street which has caused significant weather-related damage to porch. While the approval ofsynthetic materials is a departure from Design Guidelines, it is allowed on a hardship basis only. Reason for Issuance of Certificate of Hardship: o The application affects only the building or structure on which work is to be done and not the historic district in general. o The application is approved because it does not cause substantial detriment to the public welfare. o The application is approved because it does not cause departure from the intent and purposes of the amended Historic District Act. Dated: 8/18/16 SALEM HISTORICAL COMMISSION By: Y� Hca 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. J �ri OTa • W�T4E gl�E�� Q �4 • `0 Ty Salem Historical Commission 120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 AGENDA—REVISED 8/15/16 SALEM HISTORICAL COMMISSION WEDNESDAY,AUGUST 17,2016 7:00 P.M. 120 WASHINGTON STREET,3rd FLOOR 1. 7 Botts Court—Alexander Marks and Kimberly Tompkins—Certificate of Appropriateness—New paint colors,new storm windows in bronze color and remove concrete coating on foundation— Withdrawn. 2. 6 Chestnut Street—James and Julianne McLean—Certificate of Appropriateness—Paint color change for front door. 3. 81 Derby Street—Charles Hope Company—Clarification of revisions to approved plans. 4. 107 Federal Street—Richard Jagolta-Certificate of Appropriateness—Replace front door with new wood door and transom, install new door in boarded opening on Beckford Street elevation,and install new windows on Beckford Street and rear elevations of building—continuation. 5. 1-2 Griffin Place—Dan Botwinik—Certificate of Appropriateness—Renovate 3-family house, including installation of new entry canopy and wood trim and removal of two chimneys—continuation. 6. 1-2 Griffin Place—Pickering Court Apartmen s LLC—Certificate of Appropriateness—New paint colors. 7. 15 River Street—Larissa Lucas—Certificate of Appropriateness-Replace fence with new fence design,replace wooc stairs at front entry with granite stairs,install new granite stairs at rear entry and remove steel posts along property boundary. 8. 4 South Pine Street—Jay Goldberg and Thomas Berube—Certificate of Appropriateness-Paint color change,replace brick entry stair with granite stair,replace wood shake siding with wood clapboards,and remove chain link fence. 9. 5 Harrington Court-Pamela A.Lussier—Certificate of Appropriateness-Reconstruct front porch. 10. 203-209 Essex Street-Massachusetts Historic Rehabilitation Tax Credit Application—Letter of Support 11. 90 Washington Street-Massachusetts Historic Rehabilitation Tax Credit Application—Letter of Support 12. 59 Federal Street—Massachusetts Historic Rehabilitation Tax Credit Application—Letter of Support 13. 55-57 Federal Street-Massachusetts Historic Rehabilitation Tax Credit Application—Letter.of Support 14. Peabody Essex Museum Expansion-Review of new design development plans. 15. 50 St.Peter Street-Bit Bar—Review/comment on p-oposed signage(Section 106 Review) 16. Other Business a. Approval of Minutes b. Correspondence Know Your Rights Under the Open Meeting Law,M.G.L.c.30A§18-25,and City Ordinance Sections 2-2028 through 2-2033 r MATERIAL GROUP 3624 K I 1. `\ 4 \ Turned Sleeve 2• 4"and 6"Post Sleeves Flat Post Wrap 36"Structural Post-Flush Mount Rum 42"Structural Post-Flush Mount 207046420 $38.08 4"x 4"x 48"Turned Newel Post Sleeve' 200046422 $65.74 White 200046415 $59.38 777 4"x 4"x 39"Post Sleeve(bagged)' White 4"x 4"x 45"Post Sleeve(bagged)" White 20004E147 $16.83 200048148 $17.37 3• 4"x 4"x 108"Post Sleeve(bagged)" White 200048149 $29.72 Lill 6"x 6"x 108"Post Sleeve(boxed)- White 20004815x4"x 120"4 Piece Post Wrap-flat' While 200748154 $89.18 6"x 120"4 Piece Post Wrap-Flat' White200048-56 5120.27 5;acket Kits sold separately. See page 259. •Post sleeves and wr„ns rqube a strucmrar or exisrmg post to msrall Ef5-V- P � New England Post Cap New England Post Trim 4 Piece Adjustable Post Trim 4”x 4"New England Post Cap While •. 6"x 6"New England Post Cap 200048-61 $g 7 White 200048"64 $14.311 4" �4"New England Post Trim Base White 3.5"to 6.5"Four Piece Post Trim 200048166 $6 17 White 200[48167 $10 Profile Trim Rina .75 White 200053626 $5.99 171 �'>}'1�. rY3F'rf qbr •• tM:Lr � r { Curter I pricing available 24/7 on customer secure site. Visit harveybp.com/Fro U login. Effective 3r1/16 HARVEY- a UJLDFNNG PRO-DUCTS a1 STAFV MEMO a TO: Salem Historical Commission - FROM: Patti Kelleher, DPCD DATE: August 11, 2016 RE: 5 Harrington Court—Certificate of Appropriateness Historic Name: Mendell S. Webber House Construction Date: ca. 1895 Architectural Style: Victorian Eclectic Proposal: Reconstruct front entry porch with: • Vinyl-clad turned posts and balusters _ • Azek decking in gray • Square lattice along porch base. Porch to be white to match house trim. Staff Comments: The house previously had metal railings and posts that were recently removed to repair rot. The Applicant is seeking to use Harvey brand vinyl-clad turned posts and square balusters. The inventory form from 1976 (see attached)shows the house with a similar porch design. In addition to the posts,the applicant is proposing to use Azek decking in gray for porch floor. Lattice will be changed from diagonal to square. Please review the product specifications and visit the property prior to the meeting, as the applicant is proposing materials not typically approved by the Commission. Note: In 2000,the applicants received a legal settlement allowing them to install vinyl replacement windows after the Commission voted to deny the request. This appears to be the most recent application for this property. i Staff Memo to SH,-- 1-2 Gri`fin Place PEge 2 of 2 J i i -- 4 pa49 a e Date Stamp Salem Historical Commission 120 WASHINGTON STREET SALEM.MASSACHUSETTS 01970 For Office Use O,Oty (978)619-5665 FAX(978)740-0004 APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Pursuant to the Historic District's Act (M.G.L. Chapter 40C) and the Salem Historical Commission Ordinance, application is hereby made for issuance of a Certificate of Appropriateness for: ❑ New Construction ❑ Moving A Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Sign ❑ Other District: ❑Derby Street ❑Lafayette Street *McIntire ❑Washington Square Address of Property: _ ] �f'��/z�tg �� &4pr Name of Record Owner(s): ,¢�y/e% Owner Mailing Address: �/�,�,�//p/�j�J1✓ G� �%/P�r� `fj�f Description of Work Proposed -� Please I)Pe or print clearlf:Attach additional sheets, as necessao7 /ft�Corrs�i2c%f /�o ��cf � �c�j +%.4 V-r,e-�4 P VVI (.t 1 tee �=�-�a.1,e I�l t,�-s�t-•�s w S�a 1,e �asfi w ea p Name ofApphc /Owner ❑Contractor ❑Tenant ❑Other: Signature: aJ Date: /lo Tel. #: olaY71/-'�e')F_mail Address: a o-F5IBA*�pSOC7G5�//tJSt>ra nee ,o Cenicate will be mailed to the owner unless otherwise indicated here.- Certificate ere:Certificate should be mailed to: Name Mailing address: City: State:_Zip: j rl ..AimIt& Q' • opalm Porch posts capture the elegant style of a turned, painted wood post, or clean, sleek traditional square design without the maintenance. Inside the porch posts are load-bearing aluminum columns all with load capacities of 2500 or 5000 lbs. Base kits are available in two styles: a Standard Base Kit or a Wind Uplift Base Kit, both come with top and bottom base plates and gaskets. El Earth Sahara Satin White__ POSTS COLOR 4"Standard Base Kit 200046416 $19.15 y 4"Wind Uplift Base Kit 200046417 $46.95 is _ 5"Standard Base Kit 200046418 $21.05 5"Wind Uplift Base Kit 200046419 $51. 4"x 4"x 108"Square Past-25001b capacity White 200053748 $110.9797 4"x 4"x 108"Turned Post- 25001b capacity White 200046413 $129.48 j —_ ' x 5"x 108"Square Post-5000 Ib capacity White 200053749 $147.10 5"x 5"x 108"Turned Post-5000 lb capacity White 200046414 $143.35 II Most Crossover Product available in Earth and Sahara through special order. MATERIAL GROUP 3624 Aluminum Structural Column ......................................................................... _Post Sleeve I ....................Past Sleeve....... Aluminum Structural Column =- `IIS ':':'..................._......._.. l i - •, ...................._Post ease Wind Uplift Base Kit' Hurricane Piston Lock Standard Base Kit 'The Wind Uplift Kir Base is shown in black lar illustration purposes only. Current pricing available 24/7 on customer secure site.Visit harveybp.com/pro to login. 262 Effective 3/111 E 1 MATERIAL GROUP 3624 I r �r Turned 1Newel Sleeve 4"and 6"Post Sleeves Flat Post Wrap ( 1 11• 36"Structural Post-Flush Mount 42"Structural Post-Flush Mount 200046420 $38.08 I 200046422 4"x 4"x 48"Turned Newel Post Sleeve' $65 74 I White 200046415 4"x 4"x 39"Post Sleeve(bagged)' $59.38 White ) 45"Post Sleeve(bagged)' White 200048147 $16.83 200048148 $17.37 3. 3 4'x 4"x 108"Post Sleeve(bagged)- White 20----9 $29.72 67—x6—"x 108 Post Sleeve(boxed)' White � 200048152 $91.76 x 4 x 120 4 Piece Post Wrap-Flat' White 200048154 $89.18 ^V x 120 4 Piece Post Wrap-Flat' White 200048156 $120.27 6.acket Kits sold separately. See page 259 'Fost sleeves and wraps require a structural or existing post to mstalt New England Post Cap New England Post Trim F 4 Piece Adjustable Post Trim 4"x 4"New England Post Cap White 200046161 $6 79 6"<G'New England Post Cap White 4 4"New England Post Trim Base 200048164 $14 31 White 3 200048166 $617 --`�"to 6.5"Four Piece Post Trim White 200048167 $10.75 4"Low Profile Trim Ring White 200053626 $5.99 Curve-'pricing available 24/7 on customer secure site.Visit harveybp.com/pro to login. AM HARVEY 3/7/16 I -, BUILDING Jaz I ATTACHED DOCUMENTATION } An application will not be considered complete unless all work items are thoroughly described and the application includes all information needed for the Commission to make a determination. Failure to submit a complete gRplication may result in a continuation to a future meeting. Recommended information includes: Photos of existing conditions, taken from all public ways Site plan showing location of improvements Elevation drawings of the existing conditions and proposed improvements Drawings of details and other special conditions, including profiles Description,photographs, and/or catalog cuts of proposed materials(please bring to the meeting product samples, if appropriate) Dimensions (i.e.height offence, size of pickets and posts, etc.) Paint color samples, if applicable(no less than 2"x2") Location and size of all mechanical equipment, such as transformers,HVAC equipment, electrical service and meters, and proposed screening \ 346 \350 IJv....m•w� 111e..w l5ded BJgYp. Lry0.i�V.6 u.nBwr 354 j W 6 ..... • 5 8rlozo a 64107 �o j 351 ;\ G� A<,NT 12 O 0 66 13011 P MM On OBNY2016 at 11'.37 AM CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND "PARTIES IN INTEREST" BOARD/COMMISSION: Historical Commission PROJECT SITE: 5 Harrington Court {25-0567-0} DESCRIPTION OF REQUIREMENT: Applicant Abutters to abutter Across the street & their abutters 1 X J Assessor's Certification on Applications to the SALEM HISTORICAL COMMISSION for Certificates of Appropriateness or Hardship This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are owners of land abutting upon the land described above as the project site, or are owners deemed to be materially effected (as defined by Massachusetts General Law Chapter 40 C). Assessor's Signature: ` ` Date: 0 - Number of initialed pages attached: Once Certified, Return to: Department of Planning and Community Development Parcel ID:26-0567-0 Parcel ID:26-0033-0 Parcel ID:26-0560-0 LUSSIER PAMELA A MASS COMMONWEALTH OF YARRINGTON JASON M 5 HARRINGTON COURT MA YARRINGTON CHRISTINE DECK SALEM, MA 01970 12 GIFFORD COURT SALEM, MA 01970 Parcel ID:26-0561-801 Parcel ID:26-0561-802 Parcel ID:26-0565-0 JACOBY MAUREEN ANN CYZON JOHN A MARI ALIX 2004 FAMILY 10 GIFFORD COURT U1 SCOLAIDHE CEUGANT ALIX MARI TR SALEM, MA 01970 10 GIFFORD COURT U2 16 THORNDIKE STREET SALEM,MA 01970 SALEM,MA 01970 Parcel ID:26-0566-0 Parcel ID:26-0568-0 Parcel ID:26-0569-0 REAL ESTATE TO CLARK TIFFANY DZIUBA JASON/DZIUBA C/O ROGER BOUCHARD 3 HARRINGTON CT DZIUBA CAROLYN E P.O.BOX 4572 SALEM, MA 01970 1 HARRINGTON COURT SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0570-0 JAHO NIKOLETA 6 HARRINGTON COURT SALEM, MA 01970 ��iylryg Salem Historical Commission 120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970 (978)619-5685 FAX (978) 740-0404 NOTICE OF HEARING The Salem Historical Commission will give a public hearing to all persons interested in the application of: Pamela Lussier on the property at: S Harrington Court concerning: Reconstructfront porch. Date of Hearing: August 17, 2016 Time of Hearing: 7.00 p.n:. Location of Hearing: 120 Washington Street, 3"'Floor Conference Roos: By Order of the Salem Historical Commission Patti Kelleher Community Development Planner To view the entire meeting agenda which is posted 5-7 days before the meeting, please visit htti)://www.salem.com/Pages/SalemMA HistoricalAgendas/ Persons frith special needs should contact the Clerk ofthe Commission at 978-619-5685 to arrange,for reasonable accommodation. Please allow ample time,for us to arrange for your request. JOHN D. KEENAN ASSISTANT CITY SOLICITOR /6r? o1 C /vt ��w, { � j ✓�c cavL 5 G 60 WASHINGTON STREET, SALEM, MA 01970 TELEPHONE (978) 741-4453 • FAX (978) 740-0072 Law Offices DECOULOS d DECOULOS 248 Andover Street Peabody, MA 01960 978-532-1020 978-532-8055 (fax) Nicholas J. Decoulos James N. Decoulos December 6, 1999 John D. Keenan Assistant City Solicitor City of Salem - Massachusetts 93 Washington Street Salem, MA 01970 Re: Lussier et al v. Salem Historic Commission Essex Superior Court CA No. 98=2129 Dear Mr. Keenan: I would appreciate your forwarding to me a copy of the rules and regulations adopted by the Salem Historical District pursuant to the ordinance. I remain, Very truly yours, ECOPLOS &, DECOULOS ames N. Decoulos JND/dam DAM-\\SANDRA\7ND\clients\fussier\Keenan0I-Ordinmces.doc a RECEIVED 77 FE0 —7 t,.1 9: 16 CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department c�n JOHN D.KEENAN City Solicitor 93 Washington Street SALEM istaot city Solicitor 81 Washington Street Salem, Massachusetts 01970 PLANNING Whshington Street Tel:978-741-3888 Tel:978.741-4453 Fax:978-741-8110 Fax:978-740.0072 February 4, 2000 Lance Kasparian, Chairman Salem Historical Commission One Salem Green Salem, MA 01970 RE: George Lussier and Pamela Lussier VS. Helen Sides Dear Mr. Kasparian: Please find enclosed a copy of the Agreement for Judgment entered into at the Essex Superior Court relative to the above-entitled matter. If you have any questions with reference to this matter,please do not hesitate to call me. Very truly yours, WILLIAM J. LUNDREGAN CITY SOLICITOR WJL/amc COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . SUPERIOR COURT NO. 98-2129-B GEORGE LUSSIER AND PAMELA LUSSIER, Plaintiffs * V. * HELEN SIDES, LANCE KASPARIAN, ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, AND DOUGLAS KELLEHER AS THEY ARE THE MEMBERS OF THE SALEM HISTORICAL COMMISSION AND THE CITY OF SALEM, Defendants �f JUDGMENT -Pro? C', s fo Ilvws' a _ 1 . The Plaintiffs have the right to install new vinyl replacement windows of their choice on their property at 5 Harrington Court, Salem, Massachusetts, without the need for the Plaintiffs to obtain a Certificate of Appropriateness to be issued by the Salem Historical Commission; and that the Salem Historical Commission shall take no action, direct or indirect, to prohibit the Plaintiffs from installing vinyl replacement windows of ' their choice on their property. 2 . The Plaintiffs' property is included in the Salem Historical Commission Ordinance - McIntire Historic District and is subject to the requirements of that Ordinance, except as heretofore stated in paragraph 1 . C:\CLIENTS\LUSsieL\sjmotion.doc 3 . The Commission did not act with gross negligence or with malice . 4 . The Ordinance which affects the Plaintiffs' property and the use thereof is a valid regulation which can be amended in accordance with the laws of the Commonwealth of Massachusetts . > �s \' .(k \ L Nicholas J Decoulos BBO #11776 DECOULOS & DECOULOS Attorney for Plaintiffs 248 Andover Street Peabody, MA 01960 Tel . 978/532-1020 �P January 25, 2000 C:\CLIENTS\Lussie2\sjmotion.doc v��co r Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSE7TS011970 (978)745-9595 EXT.311 FAX(978)740-0404 NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF HARDSHIP RE: 5 Harrington Court On Wednesday, October 21, 1998,the Salem Historical Commission unanimously voted to deny an application for a Certificate of Hardship from George Lussier and Pamela Lussier for the installation of new vinyl replacement windows. The denial was due to the finding that vinyl windows are inappropriate and that repair of existing wood windows or their replacement with new wood windows would not involve a substantial hardship to the applicant. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. October 22, 1998 Jane A. , uy Clerk�Af the Coin 'ssion cc: Building Inspector City Clerk TABLE OF CONTENTS Estimation 1. JB Sash& Door Co., Inc. with Alumiclad (see page 5) crank out window(see page 3) Casement $6,337.85 2. MASTERSON Painting Services Bob Masterson—Interior& Exterior Painting $1,020.00 3. Gove Lumber Company, Inc. Awning Windows $8,113.09 J L 1 4. Steve Moutsoulos $4,080.00 5. A& A Services, Inc. Wood $8,415.00 Vinyl $4,250.00 V, 6. R. M. Montminy Co. with coupon $3,687.00 7. Bi-Glass W No estimate $6,800.00 ats R.M. Montminy Co. PROPOSAL Carpentry- Remodeling 11 Cleveland Road Date: 9-22-98 Salem,MA 01970 Phone: (978)745-2988 Fax: (978)741-3067 Fully Insured—Licensed-Registered CLIENT: Pam Lussier Job Description: Windows 5 Harrington court Estimated Start Time: 4 weeks Salem MA Estimated Completion Time: 2 Days Job Phone: 745-4225 Job Location: same We hereby submit specifications and estimates for: 1. Installing seventeen Certainteed, Devon white double hung vinyl replacement windows. Windows will include % screen and have no grids. Installation will include all windows, labor, necessary installation materials and removal and disposal of all old windows and debris We propose hereby to famish material and labor—complete in accordance with above specifications, for the stun of: Four thousand one hundred and sixty five Dollars$4165.00 Payment to be made as follows: $200 due upon acceptance of contract. Certified bank check to be presented prior to installation. Full amount to be paid after installation is complete. All materials guaranteed to be as specified. All work to be completed Authorized in a workmanlike manner according to sure building codes. Any Signature alteration or deviation from above specifications involving extra costs will become an extra charge over and above the contract. Additional Proposal may be withdrawn if not accepted costs may be incurred for unforeseen circumstances. All balances due within; within seven(7)days ofcompletion ofjob. Balances not received y� days within seven(7)days may be subject to a 3%late charge. Acceptance Of Proposal -The above prices, specifications and conditions are satisfactory and are hereby Signature: accepted. You are authorized to do the work as specified Payment will be made as outlined above. Date: SIGN AND RETURN WITH DEPOSIT CONTRACTORS INVOICE WORK PERFORMED AT: TO: _ i r YOUR WORK ORDER NO. OUR BO N.'-. OFSCRIPMON OF • • • • l j li.:.1.'f lj r�W� �. c3�; UC) Q--• �- i• ;..�` e-, I I G I.ca- C �, u)c ✓'r•-OtA,) to 1.5 i 10 JY en, ✓/t-71 n d�'� j � U1t lr�v.�.Ct� I^. ��^i .y,., ' �•i v� Ct'�' 1I.^ •!�L" as f- ',ix _4 - ✓ t1/n 1 t' v C. to j d ^ ( n �— r II Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications rovided for the above work and was completed in a substantial workmanlike manner for the agreed sum of Dollars (S 1. `his is a .Partial ']Full invoice due and payable by: Month Day Year n accordance with our 'Agreement ❑Proposal No. Dated__ _ Month Day Year Ic3s22 Contractors Invoice Quote Gove Lumber Company,-Inc. 80 COLON STREET 978-922-0921 BEVERLY, MA 01915 978-921-4522 FAX SUBMITTED TO: Pam Lussier DATE May 13, 1998 STREET 5 Harrington Court PROJECT NAME Lussier Residence CITY,STATE AND ZIP CODE Salem, MA STREET 5 Harrington Court PHONE CITY Salem, MA _ SALESPERSON Alan B. Wall, Sales Manager PHONE #REF! LABEL QUANTITY DESCRIPTION PRICE TOTAL Marvin White Aluminum Clad exterior, primed wood interior, 7/8"simulated divided lites in patterns to match existing windows, 5 3!16 'amt;size,white jambliners, white screens no exterior or interior casings, Low E insulating lass with Argon—all double hung windows tilt in for cleaning. Kitch, Bdrm, 5 CDH 3030 RO= 36 3/8 x 68 7/8 2/2 lite cut $514.08 $2,570.40 Lvg rm nr TV LNDRY 1 CDH 1616 RO=22 3/8 x 40 718 1/1 $269.57 $269.57 LVG RM 2 CDH2O30 RO=26 3/8 x 68 7!8 1/1 $373.25 $746.50 Stairwell 1 CDH custom RO= 17 x 44 7/8 1/1 $396.58 $396.58 fir 2 ironing 4 CDH3028 RO=36 3/8 x 64 7/8 2/2 $495.07 $1,980.29 bdrms,tv rm Bath 1 Casement window 21 x 29 1/2 one lite $358.56 $358.56 Bedroom 3 Awnings to fit into current"hidden"double hung window $468.29 $1,404.86 Frame size = 36 x 31 1/2 2wide 1 high lite cut 17 Windows total on 1 st and 2nd Flr. Basement windows not included. We would like to estimate basement units separately since options are limited. Estimated Labor Cost is based upon 9 days work for installation. "Estimated installation labor=$2200.00 TERMS DEPOSIT OF $4,060.00 SUB TOTAL $7,726.75 REQUIRED PRIOR TO PLACING ORDER 5% MA TAX $386.34 $4,053.09 PAGE TOTAL $8,113.09 ORDER ACCEPTED AS WRITTEN � I A & A Services, Inc. 115 NORTH STREET SALEM, MA 01970 TELEPHONE: 978-741-0424 October 13, 1998 Page 1 of 1 WINDOW PROPOSAL FOR WORKTO BE DONE FOR Ms. Pam Lussier at 5 Harrington Court Salem, MA 01970 WINDOW REPLACEMENT Replacement with wood or vinyl windows: .Remove and dispose of old windows, weights, and storm windows. *Insulate window weight pockets. *install seventeen (17) one over one vinyl windows. *Caulk interior and exterior edges. PAINTING .Interior and exterior painting included in wooden window installation. MISCELLANEOUS •PLEASE NOTE: Of the seventeen (17) Brosco wooden windows, fourteen (14) will be tilt packs and three (3) pocket windows without tilt pack. The price breakdown is as follows: 17 Harvey Slimline vinyl windows $4,250.00 17 Brosco wooden one over one grid pattern windows: •14 windows with tilt packs •3 pocket windows without tilt packs $8,415.00 A & A Services, Inc. carries a $1,000,000 General Liability Insurance Policy and Workman's Compensation. A Certificate of Insurance is available upon request. If you have any questions, please do not hesitate to contact me at (978) 741- 0424. Thank you for giving me thT ortunity to serve yoy. RESPECTIVELY SUBMITTED Date 10/13/98 Christopher Z y, President Enclosures PAINTING • DELEADING • CARPENTRY • SIDING • WINDOW/DOOR REPLACEMENT 1 Ji 1 1'353 03: 20 PAINTING SERVICES 978-762-3781 POSAl_ Sl}BMITTED TO' WORK TO BE PERFORMED AT ADOriESS �. ME L ORSS AL C) C�rb—� ONE NO. +e hereby propose m fumkeh the materials " perform the tabor necessary for the completion of w n e n a .� 06 All, S Z_ Q( 4 A S _ DoitaB ($ with payments to be made es fo6ows. Respectfully submitted My YVOUw a owMNon Maw.bv,r �v.cYb�tlor+ [wc.M Mxtr� ate+ wi h word a'h'•P-wN1M adr.-d wM beoa•ti M utrM crow Per }wr MM adan Vw . Nota-Thea proposal may be withdrawn by ua If not accepted within—days A/GCEPTANCE OF PROPOSAL The apse peKwa, apeelficabons and cond6" are satisfactory and aro hereby aceCpted. You are authorized to do the work as specified. PRYMOV3 wilt be made a3 oudirM above. Signature .- Date Signature MA,S'TrRS'ON PAINTING SERVICES 978-762-3781 IOPOSAL SUBMITTED TO, WORK TO BE PERFORMED AT. NAME _ ADDRESS 1 ADDRESS 71 do GPS 4- c�/ 97C/ 53 4 PHONE NO. 97k 7 ys' We hergby propose to furnish the materials,and perform the labor necessary for the completion of (/� w C) n d e ,7 / /_-F /�/ic r e_ y, -1 7` u� ' ', o4:4, s / O e 2 ri L-[i ' / O :ter 2 It7c1 ✓I 7 J n �4 -/ A � e :'� .,v L 6 5' 1n r e ,o/P-, ,.1 . -C- /--/W ---/W H d q 4 — 7- ¢ w/11 0/0 O 1 14 P'0/� _ t /v 8 -e .�-. . r� 4 1 r d r.� O 'Y 14 o E o � � I w? �a2 .4- -1 d 444 f e"e i'4 AT Dollars ($ with payments to be made as follows. Respectfully submitted Any alteration or deviation from above specifications involving extra costs will be executed only upon written order.and will become an extra charge over and above the estimate. - Per Note-This proposal may be withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature /may Date /�� / 7 9- Signature ¢ao Restore Your Are they drafty, rattly, y sticky, single pane and Original Wood inefficient-But you like Windows their original look? Original Wood Retained • On Site Process © © 0ORIGINAL inside grills 0ORIGINAL sashes ©ORIGINAL trim O New double-pane Low-E glass 0 New tilt tracks © 0 New weather stripping PP 9 0 New insulation in pockets , For free information(Toll Free) � 1-800-842-3537 w .bi-glassxom MAR 02 17:� ,alem t'li; i Depi- CITY OF SALEM - MASSACHUSETTS WILLIAM J. LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor As 93 Washington Street City Solicitor et 81 Washington Street Salem, Massachusetts et 15 Church Street Tel:978-741-3888 Tel:978-7448500 Fax:978-741-8110 Fax:978-744-0111 February 24, 1999 Jane A. Guy, Clerk Salem Historical Commission One Salem Green Salem, MA 01970 RE : Lussier vs . City of Salem Dear Ms . Guy: Please find enclosed copies of the following documents in the above matter: 1 . Motion for Summary Judgment; 2 . Proposed Judgment; 3 . Memorandum in Support of Summary Judgment ; 4 . Affidavit of William J. Lundregan (with Attachments) 5 . Affidavit of Jane Guy (without Attachments) . Please read over the proposed affidavit that I have prepared for your signature and make all of the necessary changes and corrections that you deem necessary. It is especially important that you verify that the list of documents that I propose as exhibits to your affidavit comprises all of the relevant documentation that was before the Commission at the time that it made its decision to deny the Lussier' s application. If you have any questions with reference to this matter, please do not hesitate to call me. Very truly yours, WILLIAM J. LUNDREGAN, CITY SOLICITOR WJL/amc Enclosures COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. Superior Court Civil Action No. 98-2129-B GEORGE LUSSIER and PAMELA LUSSIER, Plaintiffs VS. HELEN SIDES, LANCE KASPARIAN, ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, and DOUGLAS KELLEHER, as they are the Members of the Salem Historical Commission, and THE CITY OF SALEM, Defendants DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Now come the defendants in the above-entitled matter and move this Honorable Court, pursuant to Mass . R. Civ. P. 56, for a summary judgment (1 ) affirming the decision of the Salem Historical Commission not to issue a certificate of hardship to the plaintiffs, and (2) declaring that neither the Historic District, itself, nor the inclusion of the plaintiffs' property within the District, was unconstitutional or otherwise unlawful. In support hereof the defendants state that the papers on file in this case demonstrate that there is no genuine issue of material fact and that the defendants are entitled to a judgment as a matter of law. Please see the defendants' supporti it, memorandum of law, and proposed judgment. Respectfully submitted, THE CITY OF SALEM, et al, By Their City Solicitor, 1 William J. Lundregan, Esq. 81 Washington Street Suite 37 Salem, MA 01970 Tel: 978 .741 . 3888 Certificate of Service I, William J. Lundregan, hereby certify that on 1999 I mailed, postage pre-paid, copies of the following documents: 1. Defendants' Motion for Summary Judgment; 2. Affidavit of Jane A. Guy; 3. Affidavit of William J. Lundregan; 4 . Memorandum in Support of Summary Judgment; and S. Proposed Summary Judgment, together with NOTICE that I would present the same to this Court for allowance in accordance with Superior Court Rule 9A, to: Nicholas J. DeCoulos, Esq. , DeCOULOS & DeCOULOS, 248 Andover Street, Peabody, MA 01960. Signed under penalty of perjury. William J. Lunorpya-. �. 2 i COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. Superior Court Civil Action No. 98-2129-B GEORGE LUSSIER and PAMELA LUSSIER, Plaintiffs VS. HELEN SIDES, LANCE KASPARIAN, ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, and DOUGLAS KELLEHER, as they are the Members of the Salem Historical Commission, and THE CITY OF SALEM, Defendants PROPOSED SUNRIARY JUDGMENT This case came on to be heard at this sitting on the defendants' Motion for Summary Judgment, Mass . R. Civ . P. 56, and the plaintiff' s Cross-Motion for Summary Judgment, and was argued by counsel, and thereupon and in consideration thereof, and of the pleadings and other documents on file herein, this Court finds that there is no genuine issue of material fact and that the defendants are entitled to a Judgment as a matter of law. Wherefore, it is ORDERED, ADJUDGED and DECLARED: 1 . That the decision of the Salem Historic 1 Coii-LL ssion not to issue a certificate of hardship to the plaintiffs was not unreasonable, whimsical, capricious or arbitrary, or otherwise based on a legally untenable ground, and that said decision is hereby affirmed; 1 2 . That neither the Historic District, nor the inclusion of the plaintiffs' property within the district, is unconstitutional or otherwise unlawful; and 3 . That the plaintiffs' complaint is dismissed with prejudice and costs. Dated: By The Court: Judge of the Superior Court 2 CITY OF SALEM - MASSACHUSETTS WILLIAM J. LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street 15 Church Street Tel:978.741-3888 Salem, Massachusetts 01970 Tel:978-744-8500 Fax:978-741-8110 Fax:978-744-0111 February 18, 1999 Ms . Helen Sides Chairwoman Salem Historical Commission 35 Broad Street Salem, MA 01970 RE: George Lussier, et al . vs . Salem Historical Commission, et al . Dear Ms . Sides : Please find enclosed a copy of Plaintiffs' Answers to Defendant' s Interrogatories in the above-entitled matter. If you should have any questions in the above-entitled matter, please do not hesitate to contact me. Very truly you W LIAM J. L EGAN WJL/tjm Enclosure CC: Mayor Stanley J. Usovicz, Jr. COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT NO. 98-2129-B ************************************** GEORGE LUSSIER AND PAMELA LUSSIER, Plaintiffs * V. * HELEN SIDES, LANCE KASPARIAN, ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, AND DOUGLAS KELLEHER AS THEY ARE THE MEMBERS OF THE SALEM HISTORICAL COMMISSION AND THE CITY OF SALEM, Defendants ************************************** PLAINTIFFS' ANSWERS TO DEFENDANTS' INTERROGATORIES 1 . Please state your respective names, residential addresses, date of birth, occupations, and business or professional addresses. George A. Lussier, 5 Harrington Court, Salem, MA 01970, 5/30/22, retired. Pamela A. Lussier, 5 Harrington Court, Salem, MA 01970, 4/22/61, Senior Customer Service Representative, Holyoke of Salem Insurance Agency, Inc. , 39 Norman Street, Salem, MA. 2 . Please state the date on which you acquired the property at 5 Harrington Court, Salem, Essex County, Massachusetts (hereinafter "the subject property" ) , and please state further how long you have actually resided upon the subject property. George and Ofemia Lussier purchased 5 Harrington Court, Salem, MA, on September 18 , 1964 . On August 13 , 1990, George deeded the property to Pamela A. Lussier reserving a life estate for himself . Both George and Pamela have resided at 5 Harrington Court, Salem, since September 18 , 1964 . 3 . Please state whether or not the subject property was in a historic district at the time that you purchased it; and if the answer is in the affirmative, please state further the C:\CLIENTS\Luss ier\answers.ints..doc name of the historic district that the property was in at the time that you purchased it . When George and Ofemia Lussier purchased the property on September 18, 1964 , it was not in any historical district . When George deeded the property to Pamela, reserving a life estate for himself, it was in the McIntire Historic District . 4 . Please state whether, on or about May 15, 1998, you applied to the Salem Historical Commission for a certificate of hardship which would allow you to remove the existing wooden window sashes and storm windows on their house and install double glazed windows with vinyl covered sashes, without the need to have storm windows. Yes . 5 . Please state, in full and detail, all facts and reasons that you advanced in support of your May 15, 1998 application to the Salem Historical Commission for a certificate of hardship. We submitted a letter to the Historical Commission from Maurice Greenbaum, M.D. and Elysia Griswold, M.D. , which are self-explanatory. We also submitted to the Historical Commission the great variation in cost between the wooden windows and the vinyl windows. The cost to install wooden windows would be $10, 000 . 00 and the cost to install vinyl windows would be less than $4, 000 . 00 . In addition, because of the age of the house and its location, it does not make economic sense to spend $10, 000 . 00 on windows which will not increase the value of the house. 6 . With reference to paragraph 13 of your complaint, please state, in full and complete detail, exactly how the denial of your application for a certificate of hardship "has caused a substantial hardship, financial or otherwise, to the plaintiffs and the approval of the plaintiffs' application would not be substantial detriment to the public welfare, nor substantially derogate frog„ the intent and purposes of G. L. c. 40C. " The denial of the application causes a substantial hardship because of our inability to maintain wood sashes which would require painting and sealing when necessary. In order to clean the second floor pocket windows, a ladder would be needed. Also, it does not make economic sense to spend $10, 000 . 00 on windows which will not increase the value of the house. The windows that were to be purchased Q:\CLIENTS\Lussier\answers.ints..doc were tilt vinyl windows, all of which can be cleaned from inside the house. Although our house has an address on Harrington Court, it is also located on Bridge Street and is completely covered by vinyl except for the windows . 7 . With reference to paragraph 14 of your complaint, please state, in full and complete detail, exactly how " (t) he action of the Commission exceeded the authority of the Commission as set forth in c. 40C. " The action of the Commission was guided by their prejudice against Pamela Lussier because of her attempt to remove the property owned by the plaintiffs from within the McIntire Historic District, in particular, the action of Lance Kasparian, who made a comment that the action he was taking was personal because of Pamela Lussier' s attempt to remove the property from the Historic District, and a comment by Helen Sides, who agreed with Lance Kasparian. 8 . With reference to paragraph 15 of your complaint, please state, in full and complete detail, exactly how " (t) he adoption of the Ordinance by the City has deprived the plaintiffs of the use of their property, without due process of law, and in violation of the United States Constitution, the Constitution of Massachusetts and the General Laws of Massachusetts, by causing the plaintiffs additional expense. " The adoption of the ordinance which requires the plaintiffs to spend needlessly additional monies in occupying their house, when the value of the house will not be increased and the style and appearance of the house will not be altered in any manner. 9 . Again with reference to paragraph 15 of your complaint, please itemize, in full and complete detail, all "additional expense" that you have been caused by the inclusion of the subject property in the historic district generally, and/or by the specific action of the Historical Commission in denying you application for a certificate of hardship. In 1992, the Historic Commission ordered us to spend an additional $150 . 00 to put a portion of the fence onto my neighbor' s yard. By the denial of the application, we would have to expend an additional $6, 000 . 00 to install the windows that the Historic Commission is requiring us to install, and that additional cost will not be recaptured when the property is sold. We would also be unable to maintain and clean the wooden windows . g:\CLIENTS\Lussier\answers.ints..doe 10 . With reference to paragraph 16 of your complaint, please state, in full and complete detail, exactly how " (t) he location of the boundary line of the Historic District did not take into consideration the requirements of c. 40C. " The location of Harrington Court abuts Bridge Street which is a major and heavily traveled street in the City of Salem. Directly across the street in full view is not a pleasant grand old home, it is the dilapidated Salem Suede and the North River, not to mention the blue warehouse looking buildings . The area itself does not justify imposing strict regulations on the homes, especially when the area is not visited by tourists and it is not advertised as a place to visit while in Salem. Tourists don' t know Harrington Court exists and rightfully so. 11 . With reference to paragraph 17 of your complaint, please state, in full and complete detail, any and all facts upon which you base your allegation that " (t) he plaintiff' s property and building should not be included within the Historic District because it is not a building distinctive in character and is not a design which is compatible with other areas of the Historic District, and the real estate is not located in an area which is significant to the history of the City of Salem or its architecture. " There is a map in front of the Witch House of the McIntire district which boasts: "step back in time" "you stand on the threshold of possibly the finest collection of pre- twentieth century homes in America" "This area is best known for the elegant Federal Mansions built after the Revolutionary War by wealthy ship owners" . . . "many of Salem' s most important citizens lived in the neighborhood" . . . It also details a map of the district . This map does not recognize Harrington Court as being in the district . "the walking tour is a cooperative project of the Salem Partnership and the National Park Service. " Both of these agencies are active in the role of tourism in Salem and neither of them recognized Harrington Court to be of historic interest. The buildings on Harrington Court may be old but they cannot boast any of the historic significance as the houses on Federal, Chestnut and Essex Streets . The City of Salem through the years has defined what they consider historic as this is what the city bases its advertising for tourism on. Harrington Court sits directly across the street from the North River and Salem Suede . Also the same structure style of homes found on Harrington Court is also found 4:\CLIENTS\Luss ier\answers.incs..doc directly across Bridge Street and continuing on Flint Street . The houses on this end of Flint Street were not placed in the Historic District . If the style of homes on Harrington Court was of significant style and character, then the district would and should have encompassed all of Flint Street, not just part of it . 12 . Please state the sources of your knowledge of the facts alleged in paragraph 17 of your complaint, and of the facts alleged in your answer to interrogatory no. 11 . The map of the McIntire District in front of the Witch House on Essex Street does not indicate Harrington Court as being in or part of the District . You do not have to be a rocket scientist to know that house does not have any historic significance. 13 . With reference to paragraph 18 of your complaint, please state, in full and complete detail, any and all facts upon which you base your allegation that, " (a) s a result of the enactment of the Ordinance, the plaintiffs cannot use their property, without expending excessive sums of money which would not be economically feasible. " Because of our inability to install windows which would cost approximately $6, 000 . 00 less and we are not only suffering from the loss of that money, but the present windows are not weather tight and cause the consumption of more oil, are approximately 100 years old and require ongoing maintenance. 14 . Again with reference to paragraph 18 of your complaint, please itemize, in full and complete detail, any and all sums of money which you contend the Ordinance has compelled you to extend, and/or will compel you to expand in order to bring the subject property into compliance. On or about February/April , 1992 , Pamela Lussier applied to the Commission to replace our stockade fence which a winter storm knocked down. We finally settled and agreed to put up the style fence the commission?�0 Sb got tired of arguing with them as you cannot live on Bridge Street without a fence because too many strangers were using our yard as a cut through. Someone on the Commission noticed that the section of the chain link fence belonging to 3 Harrington Court was removed an open space existed between the two properties. I made it clear that the open space belonged to 3 Harrington court and not 5 Harrington Court . We were told at that point that the only way our fence would be approved now was that we would have to close in the gap. §:\CLIENTS\Lussier\answers.ints..doc The additional cost was $150 . 00 . The installation of the wooden windows would cost approximately $10, 000 . 00 and the installation of the vinyl windows would cost about $4 , 000 . 00 . The vinyl windows would alleviate the ongoing maintenance expense of wooden windows . 15 . With reference to paragraph 20 of your complaint, please state, in full and complete detail, exactly how " (u) nless granted the relief sought herein, the plaintiffs will suffer irreparable damages as a result of their property in a manner which is conducive to the building located thereon. " If we install the windows that required the Historical Commission, it will cost an additional $6, 000 . 00 and will not increase the value of the house . 16 . With reference to paragraph 22 of your complaint, please state, in full and complete detail, exactly how " (t) he Commission' s denial of the plaintiffs' application is contrary to G.L. c . 40C. " The plaintiffs cannot physically maintain wooden windows, nor can we afford the cost of them. 17 . With reference to paragraph 23 of your complaint, please state, in full and complete detail, any and all facts upon which you base your allegation that, " (t) he determination of the City by including the plaintiffs' property within the Historic District that has deprived the plaintiffs of the substantial rights granted to them by the United States Constitution and the Constitution of Massachusetts and as a result thereof the use of their property has been substantially depleted, because of the sums of money that are required to expend to comply with the alleged requirements of the Commission. " The Historical Commission is requiring us to expend an additional $6, 000 . 00 which is not required of people who own property outside of the Historic District; therefore, we are being treated differently and it is our belief that that is depriving us of our property rights and equal protection under the law. In addition, the requirements of the Historical Commission, as they apply to our house, are completely contrary to common sense . 18 . Again with reference to paragraph 23 of your complaint, please itemize, in full and complete detail, any and all sums of money which you contend that the inclusion of the subject property within the historic district has compelled 6:\CLIENTS\Lussier\answers.ints..doc you to expend, and/or will compel you to expend in order to bring the subject property into compliance. See answer to #14 . 19 . Please itemize, in full and complete detail, any and all damages and other disadvantages which you contend that you have suffered, presently suffer, and/or will suffer as a result of the inclusion of the subject property within the historical district . We do not believe that our house is a historical building and as a result of being included in the Historic District, we cannot improve the exterior of the house without having to go to the Historical Commission. 20 . Please itemize, in full and complete detail, any and all damages and other disadvantages which you contend that you have suffered, presently suffer, and/or will suffer as a result of the Historical Commission' s denial of your May 15, 1998 application for certificate of hardship. See answer to #14 . 21 . Please state, in full and complete detail, any and all facts which you believe support your claim that the McIntire District was unlawfully or otherwise improperly constituted. See answer to #11 . Also, we have never seen any tourists on Harrington Court . 22 . Please state, in full and complete detail, any and all facts which you believe support your claim that the inclusion of the subject property within the McIntire Historic District was unlawful or otherwise improper. See answer to #11 . 23 . Please state, in full and complete detail, any and all facts which you believe support your claim that the denial of your May 15, 1998 application for a certificate of hardship was unlawful or otherwise improper. At least two members of the Historical Commission had prejudged Pamela Lussier' s application because of her attempt to withdraw the house from the Historic District, and actually stated so at the time that the vote was taken. Also, they have not adopted any rules and regulations in ¢:\CLIENTS\Lussier\answers.ints..doc order to give guidance to applicants as required by the statute and ordinance which created the Commission. 24 . Please state, in full and complete detail, any and all facts which you believe support your claim that the City' s denial of your request to delete the subject property from the McIntire Historic District is unlawful or otherwise improper. The fact that the houses on Fowler Street were not put in the District because the owners did not want to be in the District, the same courtesy should have also applied to the Lussiers . The new study report done by the City of Salem is weak in nature, comparing us to the district in whole and the fact that all but one of the current owners want Harrington Court to be removed from the District . That one owner, David Gannon of 3 Harrington Court, who voiced his opinion to remain in the District, neglects to follow the guidelines himself . 25. Please identify by name, address, occupation and business address each and every person whom the plaintiffs intend to call as a witness at the trial of this matter. Pamela Lussier, 5 Harrington Court, Salem, MA. 26 . Please identify by name, address, occupation and business address each and every person whom the plaintiffs intend to call as an expert witness at the trial of this matter; and with respect to each such expert witness, please state: (a) The subject matter on which the expert is to testify; (b) The substance of the facts and opinions to which the expert is to testify; and (c) A summary of the grounds for each expected expert opinion. At this time, the plaintiffs do not intend to call an expert witness, but will seasonably update their answers if an expert witness is later retained. Signed under the penalties of perjury this day of January, 1999 . , Geo ge sier tx Pamela Lussie g:\CL1ENTS\Lussier\answers.ints..doe CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street Salem, Massachusetts 01970 60 Washington Street , Tel:978-741-3688 Tel:978-741.4453 Fax:978-741-8110 Fax:978-740-0072 December 30 , 1998 Ms . Jane A. Guy Clerk Salem Historical Commission One Salem Green Salem, MA 01970 Re : George Lussier vs. Pamela Lussier VS . Helen Sides, et als Superior Court Civil Action No. : 98-2129-B Dear Ms . Guy: Please find enclosed a copy of my correspondence to the Civil Clerk, Essex Superior Court and a copy of my correspondence to Nicholas J. Decoulos, Esq. together with a copy of Defendants ' Response to Plaintiffs ' Request for Admissions and Certificate of Services . If you have any questions with reference to this matter, please do not hesitate to call me . Very truly yours, WILLIAM J. L EGAN CITY SOLICIT WJL/amc Enclosures 3 � A CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93 Washington StAssistant City Solicitor ngtonr08t 81 Washington Street Salem, Massachusetts tt01970 60 Washington Street Tel:978-741-3888 Tel:978-741-4463 Fax:978-741-8110 Fax:978-740-0072 December 29, 1998 Nicholas J. DeCoulos, Esq. DeCoulos & DeCoulos 248 Andover Street Peabody, MA 01960 RE : George Lussier vs . Pamela Lussier VS. Helen Sides, et als Superior Court Civil Action No. : 98-2129-B Dear Mr. DeCoulos : Please find enclosed a copy of Defendants ' Response to Plaintiffs ' Request for Admissions. If you have any questions with reference to this matter, please do not hesitate to call me. Very truly yours , WILL AM J. LUNDREGAN WJL/amc Enclosure • s CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant city Solicitor et Washington Street Salem, Massachusetts 01970 60 Washington Street Tel:978-741-3888 Tel:978-741-4453 Fax:978-741-8110 Fax:978-740-0072 December 29, 1998 Civil Clerk Essex Superior Court 34 Federal Street Salem, MA 01970 RE: George Lussier vs . Pamela Lussier VS . Helen Sides, et als Superior Court Civil Action No. : 98-2129-B Dear Sir or Madam: Please find enclosed for filing and docketing Defendants ' Response to Plaintiffs ' Request for Admissions. If you have any questions with reference to this matter, please do not hesitate to call me. Very truly yours, WILLIAM J. LUNDREGAN CITY SOLICITOR WJL/amc cc : Nicholas J. DeCoulos, Esq. COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. Superior Court Civil Action No. 98-2129-B GEORGE LUSSIER and PAMELA LUSSIER, Plaintiffs vs. HELEN SIDES, LANCE KASPARIAN, ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, and DOUGLAS KELLEHER, as they are the Members of the Salem Historical Commission, and THE CITY OF SALEM, Defendants DEFENDANTS' RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS Request No. 1 : The Superior Court has jurisdiction pursuant to G.L. c. 40C, Sec. 12A. Response: Objection: This request calls for a conclusion of law; it does not call for (a) straight statements of fact; (b) opinions of fact; (c) statements of the application of law to fact; (d) opinions of the application of law to fact; or (e) the genuineness of any described documents. It is therefore beyond the scope of Mass.R.Civ.P. 36. Request No. 2: The Superior Court has jurisdiction pursuant to G.L. c. 231A, Sec. 1. Response: Objection: This request calls for a conclusion of law; it does not call for (a) straight statements of fact; (b) opinions of fact; (c) statements of the application of law to fact; (d) opinions of the application of law to fact; or (e) the genuineness of any described documents. It is therefore beyond the scope of Mass.R.Civ.P. 36. Request No. 3: The Superior Court has jurisdiction pursuant to G.L. c. 231 A, Sec. 5. Response: Objection: This request calls for a conclusion of law; it does not call for (a) straight statements of fact; (b) opinions of fad; (c) statements of the application of law to fact; (d) opinions of the application of law to fact; or (a) the genuineness of any described documents. It is therefore beyond the scope of Mass.R.Civ.P. 36. 1 l Request No. 4: The Ordinance establishing the Historic District requires the Salem Historical Commission (the Commission) to adopt Rules and Regulations. Response: Objection: This request calls for a conclusion of law; it does not call for (a) straight statements of fact; (b) opinions of fact; (c) statements of the application of law to fact; (d) opinions of the application of law to fact; or (e) the genuineness of any described documents. It is therefore beyond the scope of Mass.R.Civ.P. 36. Without waiving the foregoing objection, the defendants say, upon information and belief: denied. Request No. 5: The Historic District Ordinance requires the City of Salem (the City) to adopt Rules and Regulations. Response: Objection: This request calls for a conclusion of law; it does not call for (a) straight statements of fact; (b) opinions of fact; (c) statements of the application of law to fact; (d) opinions of the application of law to fact; or (6) the genuineness of any described documents. It is therefore beyond the scope of Mass.R.Civ.P. 36. Without waiving the foregoing objection, the defendants say, upon information and belief: denied. Request No. 6: The plaintiffs' house is entirely covered by vinyl, except for the window sashes and storm windows. Response: The defendants are without sufficient knowledge to admit or deny Request No. 6 as written; further responding, the defendants do admit that, upon their information and belief, most of the exterior of the plaintiffs' house is covered by vinyl. Request No. 7: The notice of denial of the plaintiffs' application for a certificate of hardship was not signed by any member of the Commission. Response: Denied; the notice was signed by the Clerk of the Commission. Request No. 8: The plaintiff, Pamela Lussier, petitioned the City Council to amend the Historic District map. Response: Admitted. Request No. 9: The plaintiffs' house was built in 1895. Response: Admitted. Request No. 10: The plaintiffs' house is assessed by the City of Salem for$116,700.00. Response: Admitted. 2 Request No. 11 : The plaintiffs' house does not have any historic design. Response: Denied. Request No. 12. The location of the plaintiffs' house is not competitive with other areas of the Historic District. Response: The defendants do not understand this request, and are therefore unable to admit or deny it Specifically, the defendants do not understand what the plaintiffs mean by the phrase "not competitive." Request No. 13: The plaintiffs' house is not located in an area which is significant to the history of the City. Response: Denied. Request No. 14: The plaintiffs' house does not have any historical architectural features. Response: Denied. Request No. 15: The cost of the windows required by the Commission is between $9,000.00 and $10,000.00 to be installed. Response: Denied, as written. Request No. 16: The cost of the vinyl windows will be $4,000.00 to $5,000.00 to be installed. Response: Admitted. Request No. 17: The plaintiffs proposed to remove the aluminum combination storm windows. Response: Admitted. Request No. 18: The plaintiffs have exhausted all of their administrative remedies. Response: Objection: This request calls for a conclusion of law; it does not call for (a) straight statements of fact; (b) opinions of fact, (c) statements of the application of law to fact; (d) opinions of the application of law to fact; or (e) the genuineness of any described documents. It is therefore beyond the scope of Mass.R.Civ.P. 36. 3 Sworn to and signed this _ day of December, 1998 under the pains and penalties of perjury. For the Salem Historical Commission and the City of Salem ON tions by Counsel: William . 'un an, Esq. City ficitor of the City of em 81 Washington Street Suite 37 Salem, MA 01970 Tel: 978.741.3888 Certificate of Service I, William J. Lundregan, hereby certify that on December 998 1 mailed, postage pre- paid, a copy of the foregoing document to: Nicholas J. DeCoulos, Esq., DECOULOS & DECOULOS, 248 Andover Street, Peabody, MA 01960. Sig under pen y of pe " William u 1 4 Law Offices DECOULOS & DECOULOS 248 Andover Street Peabody, Massachusetts 01960 Telephone(978) 532-1020 Nicholas J. Decoulos James N. Decoulos November 9, 1998 To the Members of the Salem Historical Commission: Helen Sides, 35 Broad Street, Salem, MA Lance Kasparian, 1 Arbella Street, Salem, MA Robert Jellison, 17 Horton Street, Salem, MA Debra Guinee, 124 Federal Street, Salem, MA Douglas Karam, 91 Essex Street, Salem, MA Richard Stevens, 135 Federal Street, Salem, MA Douglas Kelleher, 53 Larchmont Street, Salem, MA Re : George Lussier and Pamela Lussier Vs . Salem Historical Commission and City of Salem Essex County Superior Court, No. 98-2129-B Dear Members: Pursuant to Rule 4 (d) of the Mass .R.Civ.P. , enclosed you will please find a copy of the Complaint and Summons regarding the above-entitled matter. Very truly yours, DECOULOS & DECOULOS Nicholas Decoulos NJD:aw Enclosures CERTIFIED MAIL RETURN RECEIPT REQUESTED COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . SUPERIORCOURT NO . qp 0 •d �d2 / �V ************************************** GEORGE LUSSIER AND PAMELA LUSSIER, Plaintiffs * VERIFIED V. COMPLAINT AND * JURY CLAIM HELEN SIDES, LANCE KASPARIAN, ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, AND DOUGLAS KELLEHER AS THEY ARE THE MEMBERS OF THE SALEM HISTORICAL COMMISSION AND THE CITY OF SALEM, Defendants JURISDICTION The jurisdiction which allows the filing of this Complaint is found in G.L. c . 40C, § 12A, wherein the Superior Court has exclusive jurisdiction, and the Declaratory Judgment Act which confers concurrent jurisdiction to the Superior Court in c . 231A, § 1 and § 5 . Parties 1 . The plaintiffs, George Lussier and Pamela Lussier, reside at 5 Harrington Court , Salem, Essex County, Massachusetts . 2 . The following named defendants are the duly appointed members of the Salem Historical Commission (the Commission) : Helen Sides, 35 Broad Street, Salem, MA Lance Kasparian, 1 Arbella Street, Salem, MA Robert Jellison, 17 Horton Street, Salem, MA Debra Guinee, 124 Federal Street, Salem, MA C:\CLIENTS\Lussicr\cormlaint.doc Douglas Karam, 91 Essex Street, Salem, MA Richard Stevens, 135 Federal Street, Salem, MA Douglas Kelleher, 53 Larchmont Street, Salem, MA 3 . The City of Salem (the City) is a municipal corporation duly organized and existing under the laws of the Commonwealth of Massachusetts and conducts business at 93 Washington Street, Salem, Massachusetts . Allegations of Fact Common to All Counts 4 . The plaintiff, George Lussier, owns the real estate at 5 Harrington Court, Salem, Massachusetts, as a life tenant and the remainder is owned by the plaintiff, Pamela Lussier. 5 . The City has adopted an Ordinance relative to the establishment of the McIntyre Historic District, together with a map (the map) which included the property of the . plaintiffs, an recorded the Ordinance and map at the Registry of Deeds, pursuant to c. 40C, § 3 (the Ordinance) . 6 . Neither the Commission nor the City has adopted any rules and regulations, as required by Section 8 of the Ordinance, to define the rights of property owners located in the Historic District and the manner in which the Commission should conduct its affairs . 7 . On or about May 15, 1998, the plaintiffs applied to the Commission to remove the existing wooden window sashes and storm windows on their house and install double glazed windows with vinyl covered sashes, without the need to have storm windows . 8 . The exterior of the plaintiffs' house is entirely covered with vinyl and the only areas not covered by vinyl are the window sashes . 9 . On October 22 , 1998, the Commission filed with the City Clerk a denial of the plaintiffs' application for a certificate of hardship, a certified copy of which is attached hereto, expressly made a part hereof and incorporated herein by reference . 10 . The notice of denial was not signed by any member of the Commission. 2 11 . The plaintiff, Pamela Lussier, attempted but failed to have her property excluded from the McIntire Historic District by petitioning the City Council to amend the map. 12 . The plaintiffs are aggrieved by the determination of the Commission. 13 . The failure of the Commission to approve the plaintiffs' application has caused a substantial hardship, financial or otherwise, to the plaintiffs and the approval of the plaintiffs' application would not be a substantial detriment to the public welfare, nor substantially derogate from the intent and purposes of G.L. c. 40C. 14 . The action of the Commission exceeded the authority of the Commission as set forth in c . 40C . 15 . The adoption of the Ordinance by the City has deprived the plaintiffs of the use of their property, without due process of law, and in violation of the United States Constitution, the Constitution of Massachusetts and the General Laws of Massachusetts, by causing the plaintiffs additional expense . 16 . The location of the boundary line of the Historic District did not take into consideration the requirements of c . 40C . 17 . The plaintiffs ' property and building should not be included within the Historic District because it is not a building distinctive in character and is not a design which is compatible with other areas of the Historic District, and the real estate is not located in an area which is significant to the history of the City of Salem or its architecture . 18 . As a result of the enactment of the Ordinance, the plaintiffs cannot use their property, without expending excessive sums of money which would not be economically feasible . 19 . An actual controversy exists between the plaintiffs and the defendants regarding the plaintiffs' rights and duties under the United States Constitution, the Constitution of Massachusetts and the statutes of Massachusetts . 3 20 . Unless granted the relief sought herein, the plaintiffs will suffer irreparable damages as a result of their inability to use their property in a manner which is conducive to the existing building located thereon. 21 . The plaintiffs have no adequate legal remedy. Causes of Action Count I 22 . The Commission' s denial of the plaintiffs' application is contrary to G.L. c . 40C. Count II 23 . The determination of the City by including the plaintiffs' property within the Historic District has deprived the plaintiffs of the substantial rights granted to them by the United States Constitution and the Constitution of Massachusetts and as a result thereof the use of their property has been substantially depleted, because of the sums of money that are required to expend to comply with the alleged requirements of the Commission. Request for Relief WHEREFORE, the plaintiffs request that this Honorable Court : 1 . Conduct a hearing, hear all of the pertinent evidence and annul the determination of the Commission, because the Commission' s determination is unsupported by the evidence or exceeds the authority of the Commission. 2 . Make a binding determination that the plaintiffs' property was not validly included within the Historic District . 3 . Determine that the Ordinance restricts the present and future use, enjoyment, improvement or development of the plaintiffs' land or any part thereof, or of present or future structures thereon, including alterations or repairs . 4 . Make a determination that the Ordinance which affects the plaintiffs' use is invalid. 4 5 . Make a binding determination of the rights and interpretation of the Ordinance and issue a judgment that the plaintiffs' property is no longer affected by the Ordinance . 6 . Make a finding that the Commission acted with gross negligence, in bad faith or with malice and award costs as allowed by G.L. C . 40C, 12A, including reasonable attorney' s fees . Jury Claim THE PLAINTIFFS DEMAND A TR11AL BY JURY ON ALL ISSUES . Nicholasvi. Decoulos BBO #117760 DECOULOS & DECOULOS Attorney for Plaintiffs 248 Andover Street Peabody, MA 01960 Tel . 978/532-1020 November 5, 1998 I , Pamela Lussier, do hereby state under the penalties of perjury that I am one of the Plaintiffs named and described in the foregoing Complaint; that I have read the contents thereof and as to all matters of fact therein stated the same is true and as to all matters therein stated on information and belief, I believe them to be true . �- r i Pamela Lussier ' 5 a Ocr 22 3 is PH 199 r, �py81S CITY Of ,MASS CLI-RX'S OFFICE Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (978)745.959E EXT.311 FAX(978)740.0404 NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF HARDSHIP RE: 5 Harrington Court On Wednesday, October 21, 1998,the Salem Historical Commission unanimously voted to deny an application for a Certificate of Hardship from George Lussier and Pamela Lussier for the installation of new vinyl replacement windows. The denial was due to the finding that vinyl windows are inappropriate and that repair of existing wood windows or their replacement with new wood windows would not involve a substantial hardship to the applicant. 1 attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. October 22, 1998 Jane A. ,' uy Clerk,if the Com ission cc: Building Inspector City Clerk CITY CLERK SALEM. MA33, C CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street SalemMassachusetts 01970 15 Church Street , Tel:978-741-3888 Tel:978-7448500 Fax:978-741-8110 Fax:978-744-0111 November 30 , 1998 Helen Sides, Chairwoman Salem Historical Commission 35 Broad Street Salem, MA 01970 RE : George Lussier and Pamela Lussier Plaintiff VS . Helen Sides, Lance Kaparian, Robert Jellison, Debra Guinee, Douglas Karam, Richard Stevens, and Douglas Kelleher, as they are the Members of the Salem Historical Commission, and The City of Salem, Defendants Superior Court - Civil Action No. : 98-2129-B Dear Ms . Sides : Please find enclosed a copy of my correspondence to the Civil Clerk, Essex Superior Court together with a copy of Defendants 'Answer to Complaint and Certificate of Service . If you have any questions with reference to this matter, please do not hesitate to call me . Very truly urs .07 WILL AM J. L R AN WJL/amc CITY OF SALEM - MASSACHUSETTS WILLIAM J. LUNDREGAN Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street SalemMassachusetts 01970 15 Church Street , Tel:978-741-3888 Tel:978-744-8500 Fax:978-741-8110 Fax:978-744-0111 November 30 , 1998 Civil Clerk Essex Superior Court 34 Federal Street Salem, MA 01970 RE: George Lussier and Pamela Lussier Plaintiff VS . Helen Sides, Lance Kaparian, Robert Jellison, Debra Guinee, Douglas Karam, Richard Stevens, and Douglas Kelleher, as they are the Members of the Salem Historical Commission, and The City of Salem, Defendants Superior Court - Civil Action No. : 98-2129-B Dear Sir : Please find enclosed for filing and docketing in the above matter Defendants 'Answer to Complaint and Certificate of Service . If you have any questions with reference to this matter, please do not hesitate to call me . Very truly yours, WILLIAM J. LUNDREGAN WJL/amc CC : Nicholas J. DeCoulos, Esq. Mayor Stanley J. Usovicz, Jr. John D. Keenan, Esq. Helen Sides, Chairwoman, Salem Historical Commission}. Law Offices DECOULOS & DECOULOS 248 Andover Street Peabody, Massachusetts 01960 Telephone (978) 532-1020 Nicholas J. Decoulos James N.Decoulos n November 9, 1998 r r_ r p T_ L City Clerk, City of Salem 93 Washington Street Salem, MA 01970 9 w w Re : George Lussier and Pamela Lussier Vs . Salem Historical Commission and City of Salem Essex County Superior Court, No. 98-2129-B Dear Sir or Madam: : Pursuant to Rule 4 (d) of the Mass.R.Civ.P. , enclosed you will please find a copy of the Complaint and Summons regarding the above-entitled matter. Very truly yours, DECOULOS & DECOULOS a.'(� VA� Nichol J. Decoulos NJD: aw Enclosures CERTIFIED MAIL RETURN RECEIPT REQUESTED C:\CLIENTS\Lussier\ci tyclerk.let.doc COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . SUPERIOR COURT NO. ************************************** GEORGE LUSSIER AND PAMELA LUSSIER, Plaintiffs * VERIFIED V. COMPLAINT AND * JURY CLAIM HELEN SIDES, LANCE KASPARIAN, ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, AND DOUGLAS KELLEHER AS THEY ARE THE MEMBERS OF THE SALEM HISTORICAL COMMISSION AND THE CITY OF SALEM, Defendants ************************************** JURISDICTION The jurisdiction which allows the filing of this Complaint is found in G.L. c . 40C, § 12A, wherein the Superior Court has exclusive jurisdiction, and the Declaratory Judgment Act which confers concurrent jurisdiction to the Superior Court in c. 231A, § 1 and § 5 . Parties 1 . The plaintiffs, George Lussier /and Pamela Lussier, reside at 5 Harrington Court, Salem, Essex County, Massachusetts . 2 . The following named defendants are the duly appointed members of the Salem Historical Commission (the Commission) : Helen Sides, 35 Broad Street, Salem, MA Lance Kasparian, 1 Arbella Street, Salem, MA Robert Jellison, 17 Horton Street , Salem, MA Debra Guinee, 124 Federal Street, Salem, MA C ACLIENTSSLussierkomplain talo 11 . The .plaintiff, Pamela Lussier, attempted but failed to have her property excluded from the McIntire Historic District by petitioning the City Council to amend the map. 12 . The plaintiffs are aggrieved by the determination of the Commission. 13 . The failure of the Commission to approve the plaintiffs' application has caused a substantial hardship, financial or otherwise, to the plaintiffs and the approval of the plaintiffs' application would not be a substantial detriment to the public welfare, nor substantially derogate from the intent and purposes of G.L. c. 40C. 14 . The action of the Commission exceeded the authority of the Commission as set forth in c . 40C. 15 . The adoption of the ordinance by the City has deprived the plaintiffs of the use of their property, without due process of law, and in violation of the United States Constitution, the Constitution of Massachusetts and the General Laws of Massachusetts, by causing the plaintiffs additional expense. 16 . The location of the boundary line of the Historic District did not take into consideration the requirements of c. 40C. 17 . The plaintiffs' property and building should not D be included within the Historic District because it is not a building distinctive in character and is not a design which is compatible with other areas of the Historic District, and the real estate is not located , in an area which is significant to the history of the City of Salem or its architecture. 18 . As a result of the enactment of the ordinance, p the plaintiffs cannot use their property, without expending excessive sums of money which would not be economically feasible . 19 . An actual controversy exists between the plaintiffs and the defendants regarding the plaintiffs' rights and duties under the United States Constitution, the Constitution of Massachusetts and the statutes of Massachusetts . 3 5 . Make . a binding determination of the rights and interpretation of the Ordinance and issue a judgment that the plaintiffs' property is no longer affected by the Ordinance . G . Make a finding that the Commission acted with gross negligence, in bad faith or with malice and award costs as allowed by G.L. C. 40C, § 12A, including reasonable attorney' s fees . Jury Claim THE PLAINTIFFS DEMAND A TRIAL BY JURY ON ALL ISSUES . Nicholas,/P. Decoulos BBO #11 760 DECOULOS & DECOULOS Attorney for Plaintiffs 248 Andover Street Peabody, MA 01960 Tel . 978/532-1020 November 5, 1998 I, Pamela Lussier, do hereby state under the penalties of perjury that I am one of the Plaintiffs named and described in the foregoing Complaint; that I have read the contents thereof and as to all matters of fact therein stated the same is true and as to all matters therein stated on information and belief, I believe them to be true. Pamela Lussier ' 5 e3v n � OCT ZZ 3 is PN 198 CITY Of 4U.xf. MASS CLI-RX'S OFFICE Salem Histot ical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (978)745.9595 EXT.311 FAX(978)740-0404 NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF HARDSHIP RE: 5 Harrington Court On Wednesday, October 21, 1998,the Salem Historicai Commission unanimously voted to deny an application for a Certificate of Hardship from George Lussier and Pamela Lussier for the installation of new vinyl replacement windows. The denial was due to the finding that vinyl windows are inappropriate and that repair of existing wood windows or their replacement with new wood windows would not involve a substantial hardship to the applicant. I attest that this is an accurate record of the vote taken,not amended or modified in any way to this date. October 22, 1998 Jane A. , uy Clerkjfthe Com ission cc: Building Inspector City Clerk Y� CITY CLUK (TO PLAINTIFF'S ATTORNEY: Please Cfrrle Type of Acdon Involved- -TORT- MOTOR VEHICLE TORT- CONTRACr - EQUITABLE RELIEF - OTHER.) 0 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION S No. 98-2129-B u t u uGeorge Lussier and Pamela Lussier ..... Plaintiff(s) ........................................ - ---.--.-...---------•--.........------...........-••--•....... A <] '^ Y Helen Sides, Lance Kaspaiian, Robert Jellison, Debra Guinee, Douglas Karam, Richard Stevens and Douglas Kelleher as they E s are the Members of the Salem Historical Defendant(s) •............... ..••-•-•------------•--•--------------------------- - Commission and the City of Salem T,C v m t SUMMONS C u -o H To the above named Defendant: CITY OF SALEM E _ You are hereby summoned and required to serve upon .......Nicholas _ - _ J -_Decoulos, Esq= y e -- H plaintiffs attorney, whose address is 248 Andover Street, Peabody, MA 01960 ____ i an answer to the c z 2 ` complaint which is herewith served upon you, within 20 days after service of this summons upon you,exclusive of the C •u day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the 9 complaint. You are also required to file your answer-to the complaint in the office of the Clerk of this court at � N �.e _.Salem _ either before service upon plaintiffs attorney or within a reasonable time thereafter. s `m 3 Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may a have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any other action. 3 � c = c 3 } 0 I WITNESS, Robert A. Mulligan, Esquire, at Salem, the 9th z `o day of November in the year of our Lord one thousand O c nine hundred and ninety-eight. Z a W u W � W H Ca O � W E , U O 2 Clerk z NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should he addressed to the particular defendant. Office#30 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. Superior Court Civil Action No. 98-2129-B GEORGE LUSSIER and PAMELA LUSSIER, Plaintiffs vs. ANSWER HELEN SIDES, LANCE KASPARIAN, ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, and DOUGLAS KELLEHER, as they are the Members of the Salem Historical Commission, and THE CITY OF SALEM, Defendants Jurisdiction Denied. Parties 1. Admitted, upon information and belief. 2. Admitted. 3. Admitted. Allegations of Fact Common to All Counts 4. Admitted, upon information and belief. 5. Admitted. 6. Denied. 7. Admitted. 8. The defendants are without sufficient knowledge to admit or deny the allegations in paragraph 8 of the complaint and call upon the plaintiffs to prove the same. 9. Admitted. 10. Denied. 11. Admitted. 1 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Admitted. 20. Denied. 21. Denied. Causes of Action Count I 22. Denied. Count II 23. Denied. Affirmative Defenses Further answering, the defendants say as follows: 1. The defendants say that the decisions complained of were made lawfully, properly and wholly within the scope of their administrative discretion. '. 2. The defendants plead failure to exhaust administrative remedies. 3. The defendants plead insufficiency of process. 4. The defendants plead insufficiency of service of process. 71 5. The defendants specifically deny the genuineness of any purported signatures upon documents which the plaintiffs rely on in this case. 6. The defendants plead laches. 2 7. The defendants state that the present action against them is time-barred by operation of the applicable statute(s) of limitations. 8. The defendants plead lack of subject matter jurisdiction. 9. The defendants plead lack of personal jurisdiction. 10. The defendants plead improper venue. 11. The defendants plead unclean hands on the part of the plaintiffs. 12. The defendants plead estoppel on the part of the plaintiffs. 13. The defendants state that the plaintiffs have failed to satisfy the procedural prerequisites to bringing this action. 14. The defendants say that for all of the reasons aforementioned, the complaint fails to state a claim upon which relief may be granted. WHEREFORE, the defendants demand the dismissal of the complaint, with costs taxed to the plaintiffs. THE CITY OF SALEM, et al, By Their City Solicitor, William undr 81 W ington Stre Suite 37 Salem, MA 01970 Tel: 978.741 .3888 Certificate of Service I, William J. Lundregan, hereby certify that on November 30, 1998 1 mailed, postage pre- paid, a copy of the foregoing document to: Nicholas J. DeCoulos, Esq., DECOULOS & DECOULOS, 248 Andover Street, Peabody, MA 01960. Signe under penalty of erjury. William KZur5dregan, Es . 3 12/17/1998 11:52 9787453607 LUNDREGAN LAW PAGE 01 WILLIAM J.LUNDREGAN CITY OF SALEM - MASSACHUSETTS City 60kt1v Legal DeWment JGMN D.KEENAN e1 W.aNVOA Strw/ 93 Washington Street Assletam City SWlatw TM:978-741.36116 Salem, Massachusetts 01970 18 Ct"°ch Sw" Fac 978-7/1.8110 TN:976.7"-8500 Fax 9784"-0111 (/r-D - O Y L/ FAX LINE (978 ) 741-8110 FACSIMILE COVE[ SHEET DATE:_ TIRE: TOt A4 TOTAL 11IIMEER OF PACES : incl. this one) IF Y00 DID NOT RECEIVE ALL OF THIS TRANSMISSION, PLEASE CALL lA .iPr4 E , P Icy ANSwcQ rt r AT YpX IJp�-C Sc�N P, 978 ) 141-3888 1\NN� CONFIDENTIALITY NOTICE The documents accompanying this FAX transmission contain information from William J. Lundregan, Esq. which is confidential and/or privileged. This information is intended to be for the sole use of the person or entity named on this transmission sheet . If you are not the intended recipient , be avare that any disclosure, copying, distribution or other use of the contents of this FAX transmission is prohibited . If you have received this FAX in error, please notify this office by telephone immediately. 12/17/1996 11:52 9787453607 LUNDREGAN LAW PAGE 02 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT NO. 98-2129-B GEORGE LUSSIER AND PAMELA LUSSIER, Plaintiffs # w V_ # * HELEN SIDES, LANCE KASPARIAN, + ROBERT JELLISON, DEBRA GUINEE, DOUGLAS KARAM, RICHARD STEVENS, AND DOUGLAS KELLEHER AS THEY ARE + THE MEMBERS OF THE SALEM HISTORICAL COMMISSION AND THE CITY OF SALEM, + Defendants #*+rrrr•#wi##ri**xxrrxrrawr####****f** PLAINTIFFS' REQUEST FOR ADMISSIONS BY DEFENDANTS To the above named Defendants: You are hereby requested to admit the genuineness and truth of the matters set out below within 30 days from the date of service of this request upon you. These requested admissions are for the purpose of this action only, the responses thereto must be made pursuant to the provisions of Rule 36 . Plaintiff hereby requests the Defendants to admit to the truth of the following statements: 1 . The Superior Court has jurisdiction pursuant to G.L. c. 40C, 5 12A. 2 _ The Superior Court has jurisdiction pursuant to G.L. c. 231A, S 1. 3 . The Superior Court has jurisdiction pursuant to G.L. c. 231A, 5 5. 12/17/1996 11:52 9787353607 LUNDREGAN LAW PAGE 03 4 _ The Ordinance establishing the Historic District requires the Salem Historical Commission (the Commission) to adopt Rules and Regulations. 5. The Historic District Ordinance requires the City of Salem (the City) to adopt Rules and Regulations. 6. The plaintiffs' house is entirely covered by vinyl, except for the window sashes and storm windows. 7. The notice of denial of the plaintiffs' application for a certificate of hardship was not signed by any member of the Commission. B . The plaintiff, Pamela Luesier, petitioned the City Council to amend the Historic District map. 9. The plaintiffs' house was built in 1895. 10. The plaintiffs' house is assessed by the City of Salem for $116, 700 .00. 11. The plaintiffs' house does not have any historic design. 12 . The location of the plaintiffs' house is not competitive with other areas of the Historic District . 13 . The plaintiffs' house is not located in an area which is significant to the history of the City. 14 . The plaintiffs' house does not have any historical architectural features. 15. The cost of the windows required by the Commission is between $9, 000. 00 and $10, 000 . 00 to be installed. 16. The cost of the vinyl windows will be $4, 000. 00 to $5, 000.00 to be installed. 17 . The plaintiffs proposed to remove the aluminum combination storm windows. 2 12/17/1998 11:52 9787453607 LUNDREGAN LAW PAGE 04 18 . The plaintiffs have exhausted all of their administrative remedies. Nicholas J Decoulos DECOULOS DECOULOS Attorney for Plaintiff 248 Andover Street Peabody, MA 01960 Tel . (978) 532-1020 BBC #117760 December 14, 1998 COMPMM OP 8! NM ttieroEY M ty that a UM caplt Of document was somcd upon rho attomeY of record br etch p^_rty, and upon arty path Gppew"pro o.b4it YCS" B pc a prcpe(d d 3 7 (TC) PLAIN=S ATTORNEY: Please Circle Type of Acdon Involved: —TORT— MOTOR VEHICLE TORT — CONTRACT— EQUITABLE RELIEF — OTHER.) COMMONWEALTH OF MASSACHUSETTS ESSEX,ss. SUPERIOR COURT CIVIL ACTION No.98-2129–B L .Y c George Lussier and Pamela Lussier g Plaintiff(s) V W Q Helen Sides, Lance Kaspaiian, Robert Jellison, Debra Guinee, a U Douglas Karam, Richard Stevens and Douglas Kelleher as they E s are the Members of the Salem Historical , Defendant(s) -------•----------....----••........................ •---------*- .............. 5 Commission and the City of Salem T C . s SUMMONS = v a c To the above named Defendant: SALEM HISTORICAL COMMISSION E = g M Nicholas J. Decoulos, Esquire You are hereby summoned and required to serve upon ..................................................................................._-----_, t e 3 plaintiff's attorney, whose address is 2......................................48 Andover Street,..Peabody, .MA. 01960 •....•..•. , an answer to the m `u c 2 complaint which is herewith served upon you, within 20 days after service of this summons upon you,exclusive of the ° day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the u c A complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at rCD Salemeither before service upon plaintiff's attorney or within a reasonable time thereafter. .� .... m a 3 Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs c `= claim or you will thereafter be barred from making such claim in any other action. V C - � 3 0 WITNESS, Robert A. Mulligan, Esquire, at Salem, the 9th E— day of November , in the year of our Lord one thousand < a nine hundred and ninety-eight. Q V z W u U. W y 0 W E U � o` Clerk z A NOTES: I. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. Office$30 x rro- O yro ae � Gy to 7d O M O n x0 r Ln M COMMONWEALTH OFa `" w MASSACHUSETTS z n � E,� M n c t'ld 7y B ESSEX, ss. SUPERIOR COURT 0 IM A E CIVIL ACTION •I n w No. O z C n � °p O r ^ b zM ° ................ ............................. . .......................... O M i 7d j Plaintiff(s) Z < < o O n Cd V. �-C M A i O O M Z °� 0 ................................ 0 i Defendant(s) C i M M d Z c• � `hj nz d a i y a d SUMMONS M,I °o . (Mass. R. Civ. P. 4) z' x �' d trn p• 6 W n iC 'd t � 0 (Q? LYNNE M. FESSE(SA One Salem Green Salem,MA 01970 (97 95 ext 3A FAX(9)744 5918 City g De Salem planning CITY OF SALEM Housing Rehabilitation Program Pre-Application Form Name of owner(s): Owner(s) address: Rehab property address: Name and phone no. of contact person: Property Characteristics No. of units before rehab: No. of units after rehab: Units currently occupied: Please fill in the table with the requested information: nit 1 Unit 2 Unit3 Unit 4 UnitS Unit6 No. of occupants No. of bedrooms Monthly rent Rental subsidies? (Section 8 or 707) Date of purchase: Current appraised value: Type of ownership: Individual Realty Trust Partnership Non-profit Corporation Cooperative If you live in the property, please provide the following information: Estimated gross annual household income:S * Estimated gross annual household income includes wages, SSI, AFDC, pensions, rental income, interest income and any other earnings anticipated in the coming year of all persons 18 yrs and older residing in the household. ... x All information you provide is confidential and will be used only to pre-screen your pre- application for program-assisted improvements. Please note that the pre-application does not require documentation of income by property owners or tenants. Signature I/We understand that this Pre-Application will place my property on a waiting list for the Salem Housing Rehabilitation Program. When my/our property rises to the top of the waiting list. [/We will be notified by the City of Salem and I/We will be required to complete a formal Application including provision of documentation to verify income and property information. Final eligibility for the housing rehabilitation assistance program will be determined only after the formal application is complete. Owner's signature Date Owner's signature Date Names and ages of persons residing in your household: All Applicants—Please briefly list (in order of importance)the deleading and/or rehabilitation — - you wish to make to the property: If the property has more than one dwelling unit,please provide the following information for all tenants: Name of Tenant: Estimated Gross Annual Household Income: HOME PROGRAM: ONE- TO FOUR-FAMILY REHABILITATION FOR OWNER-OCCUPANTS GENERAL INFORMATION The City of Salem's HOME Rehabilitation Program provides rehabilitation assistance to eligible owner-occupants of one- to four-family owner-occupied homes. Features: • no interest (0 percent) deferred loan secured by a promissory note and mortgage • loan principal payable if the home is sold, transferred, or refinanced within fifteen (15) Years • loan principal forgiven after fifteen (15) years if the home is NOT sold, transferred or refinanced Requirements: • correction of all code violations and compliance with Section 8 Housing Standards required before other improvements permitted • documentation of presence or absence of lead paint on the property • deleading or proof that the property is in compliance with the Lead Paint Poisoning Prevention Act (24 CFR 35) (see Lead Paint Information Sheet) if children under six years of age live in the property • compliance with competitive bidding and procurement • for multi-unit dwellings, compliance with min mum 5 vears rent restrictions to levels established for this region by the US Department of Housing and Urban Deveiopment (HUD) Eligibility property owner must reside in a one- to four-unit dwelling located in the City of Salem • property owner must have an annual gross income no greater than 80 percent of the arra median income as defined by HUD (see Maximum Income Levels Sheet) • in multi-unit dwellings, tenants' household income must be no greater than 60% of median income for the area as defined by HUD Please note: The state Executive Office of Communities and Development (EOCD), which distributes these HOME funds for the federal government, shall have the right to inspect properties with HOME funded rehabilitation projects for the purpose of ensuring complimtce with the terms and condirionr of the HOME program. Oki A . - .... , Improving Your Property witlt a SHIP Loan - A Step By Step Process .application Interested property owners should contact the Salem Planning Department. One Salem Green, Salem. MA 01970 (tel. 508-745-9595, ext. 311) for a Pre-Applicauon Form. The information provided by applicants on this form will be used to perform a preliminary eligibility screening. Applicants found to be eligible for SHIP programs based on the preliminary screening will be ,rsked to complete a more detailed Application and provide copies of the following documents: • deed to the property • property insurance policy • most recent property tax and water bills • proof of household income(all household members over 18 years olf) • federal income tax returns Tenants in multi-family buildings will be asked to provide documentation of income. copies of most recent utility bills, and a copy of the rental agreement. If, after review of these documents, the applicant is found to be eligible, City housing staff will assist the property owner in choosing the housing improvement program most appropriate to the applicant's needs and income level. Applications are processed on a first-come, first-served basis. Inspection and Work Write-Up The City Rehabilitation Specialist schedules a property inspection with all eligible applicants. The Rehab Specialist works with the property owner to identify any building or health code violations, which must be corrected before anv other work, and develop a priority list of needed repairs. This consultation results in the Work Write-Up, which is a list of all needed work with cost estimates. The applicant will supply the Work Write-Up to contractors who wish to bid on the work. Participant Statement and Reservation of Funds After the property inspection, the property owner receives formal notification of the loan approval by mail, copies of the Work Write-Up, and a Participant Statement. The applicant must sign a copy of the Work Write-Up and the Participant Statement and return them within seven days. By signing the Participant Statement the applicant officially becomes a borrower in the loan program. approves the scope of work and estimated loan amount, agrees to comply with all legal requirements, certifies the correctness of all information supplied in support of the application, and agrees to complete the repairs within 120 days. Contractor Selection The borrower must solicit bids from at least three (3) contractors on the work outlined in the Work Write-Up. Housing staff 'can give technical assistance in contractor selection and provide a list of contractors and tradesmen active in the area who have supplied references and certifications and whose performance meets program standards. The borrower, however, is A . - , slit •... responsible for collecting the bids. The borrower may choose any contractor. but the loan is limited to the lowest bid amount. Borrowers may pay the difference between the lowest bid (the loan amount) and the bid by the contractor they choose. Loan Closing .kfter contractor selection. the loan closing takes place. .'L Loan Agreement. Personal Loan Note, and Afortgage Deed are signed. The Personal Loan Note and the Mortgage Deed between the property owners and the City are executed only after the completion of the project. when payments begin. All property owne-s are expected to be present at the loan closing. Construction During construction the Rehabilitation Specialist will make periodic inspections of the work in progress to ensure quality workmanship. Final Inspection and Certificate of Completion The property owner must notify the Housing Staff when the work is completed. The Rehabilitation Specialist then inspects the work. The property owner and the Rehab Specialist must sign a Certificate of Completion before final payment is issued to the contractor. Loan Repayment The terms of the loan repayment are negotiated between the borrower and the City. Payments are made to the City through the Salem Five Cents Savings Bank. hptsmg�thip.dx SHIP-SALEM HOME IMPROVEMENT PROGRAM LOANS FOR INVESTOR-OWNERS OF 1 TO 8 UNIT DWELLINGS I. Rehabilitation Loans Features: • 3 percent interest rate • loan of up to $30,000 plus 50 percent of project amount over$30,000 • negotiable repayment period • repayment begins on completion of work Requirements: • 51 percent of tenants must have very low or low incomes as defined by the US Department of Housing and Urban Development(HUD) (up to 80 percent of area median family income) • correction of all code violations before other improvements permitted • compliance with Fair Housing and Anti-Discrimination laws in rentals • compliance with the Salem Affordable Rent Policy for two years: 1) rental to tenants with gross incomes up to 80 percent of area median income; 2)no rent increases permitted except on the basis of documented increases in operating costs (e.g.,taxes, water); and 3) no rents to exceed HUD Section 8 Fair Market Rents for the Salem- Gloucester area. II. Deleading Loans Features: • 3 percent interest rate • maximum loan of$6000 per unit • 5 year repayment period • repayment begins on completion of work Requirements: • same as for Rehabilitation Loan Program III. Sprinkler Installation Loans for Rooming House Owners Features: • 3 percent interest rate • maximum loan of$500 per unit • 10 year repayment period Requirements: • same as for Rehabilitation and Deleading Loan Program For further information or to obtain an application please contact the Salem Home improvement Program at the City of Salem Planning Department, One Salem Green, Salem, MA 01970,telephone(508) 745-9595 ext. 311. SHIP-SALEMHOME LvPROVEMENT PROGRAM LOANS FOR OWNER-OCCUPANTS I. Very Low Income Loan Features: • no interest loan (0 percent interest rate) • negotiable repayment period • repayment begins after completion of work Requirements: • property must be owner-occupied • owner's gross annual household income must not exceed very low income limits set by the US Department of Housing and Urban Development (HUD) (up to 60 percent of area median income) • correction of all code violations required before other improvements permitted • in the case of multi-family homes, 51 percent of tenants must have low incomes IL Low Income Loan Features: • 3 percent interest rate • negotiable repayment period • repayment begins after completion of work Requirements: • property must be owner-occupied • owner's gross annual household income must not exceed low income limits set by HUD (up to 80 percent of area median income) • correction of all code violations required before other improvmeents permitted • in the case of multi-family homes, 51 percent of tenants must have low incomes III. Deferred Deleading Loan Features: • no interest loan (0 percent interest rate) • no payments until the property is sold, refinanced or transferred • maximum loan amount of $6000 per unit Requirements: • property must be owner-occupied • 51 percent of tenants must have low incomes • owners must comply with the Salem Affordable Rent Policv for two (2) years after completion of work For farther information or to obtain an application,please contact the Salem Home Improvement Program at the City of Salem Planning Department,One Salem Green,Salem,MA 01970,telephone k508)745-9595 ext. 311. T • Flip. •. - . • - 05/14/1996 09:03 9787458836 HOLYOKE INS AGENCY PAGE 03 Maurice Greenbaum, M.D. Irmornal Medklmllntecaow Dlm s 55 Highland Avenue,Salem. MA 01970 (978)741-1644 Fax(978)744-3468 May 4, 1998 To Whom It May Concern: This letter is regarding my patient, George Lussier, * • It hes come to my attention that Mr- Lussior is requesting vinyl replacement windows for his home which is a Historical , Site. Mr, Lussier hes severe Arthritis in his knees for which he underwent left Total Knee Replacement surgery. ! Due to his medical condition, Vinyl replacement windows would be of great help to him. Please consider his request and contact my office if there v are any questions. Sincerely, i Maurice` Greenbaum, M.D_. i 1 n ti t r• �o ., , � jar *� , R MED"L GROUP + 1 .7corw of THE NORTH SHORE MEDICAL CENTER John A. Fallon. M.D Maury E McGough.M.D. Gary R Cohen, M.D Michael Golden,M D J.Jock Skowronski.M D Brenda G Minor. M.D. Arson R. Brookes. M.D. Nancy) Bertaux M.S.. RNC.S. Maurice Greenboum, M.D. Susan E Moynihan, M.D. James 8. Hickey. M.D Donno.M Goland M S, R C.S. William W.Macomber,M D. Nathan E. Kaufman, M D. Feng Ge, M.D. Jean M. Sullivan. RN.C.S Response to Matters 98-2129-B—5 Harrington Court Submitted by: Jane A. Guy, Clerk of the Salem Historical Commission 1. Personally Unknown 2. Personally Unknown 3. Personally Unknown 4&5. The Ordinance which establishes the Salem Historical Commission and the Chestnut Street Historic District is one in the same and was established under authority of Massachusetts General Laws, Chapter 40C. Section 8 states that"The Commission shall adopt rules and regulations for conduct of its business, not inconsistent with the provisions of the Historic Districts Act or this Ordinance." The Ordinance establishing the McIntire Historic District, known as the McIntire Historic District Ordinance was established under the provisions of the Historic Districts Act, Massachusetts General Laws, Chapter 40C and under the provisions of the Historic Districts Ordinance of Salem. 6. Personally Unknown—According to the Building Survey Form, the walls are clad in aluminum. 7. It was signed by the Clerk of the Commission. 8. Yes, to the best of my knowledge. 9. According to the City's consultant who prepared the Building Survey From, it was built circa 1895. 10. Personally Unknown 11. False—According to the Building Survey Form, it is of Victoriam Eclectic style. 12. Do not understand this statement. 13. False—See Preliminary Study Report prepared by Anne McCarthy Forbes, Preservation Consultant 14. Personally Unknown 15. False—An estimate from Jackson Lumber&Millwork was provided at an average cost for true divided light single pane glazed sash wood window at $300-325 per window for 16 windows, based on window industry standards=$4800-5200 installed. (17 windows would therefore be$5100-$5525.) 16. Estimates provided by applicant for vinyl were 17 windows from $4080-$8113 installed. 17. Unknown D9/21/1998 14:02 9787458836 HOLYOKE INS AGENCY PAGE 01 FAX: v TOt DATEr 9 PROKt RRGAAAIAGt �/ y NO. OF PAGEi TO FOLLONt v C010[E11T8 i4 zce adc NaA s SEP 2.1 - 3 Salem y�E .�•. . . , �'�°�' 09/21/1998 14:02 9787458836 HOLYOKE INS AGENCY PAGE 02 To: Jane Guy, Salem Planning Dept. From: Pam Lussier, 5 Harrington Court, Salem, MA Re: Salem Historical Commission - meeting continuation installation of Vinyl Windows Date: September 21, 1998 Jane, Please reschedule our meeting with the Salem Historical Commission to Wednesday, October 21, 1998. 06/29/1998 10:21 9787058836 HOLYOKE INS AGENCY PAGE 02 June 29, 1998 Salem Historical Commission Attn: Jane Guy one Salem Green Salem, MA 01970 Re: Salem Historical Meeting 07/01/98 George & Pamela Lussier 5 Harrington Court Salem, MA 01970 Cert. of Hardship - installation of vinyl windows Members of the Historical Commission: As George and myself are unable to make this meeting, we hereby request the commission to waive the requirement that the commission must act on this matter within 60days. In fact, we hereby request that this matter be continued to another date and ask that this be resolved no later that 09/30/98. Than Pamela A. Lussier I LI/ 1 07/14/1998 09:40 9767458836 HOLYOKE INS AGENCY PAGE 02 To: Salem Historical Commission ATTN: Jane Guy Re: George i Pamela Lussier 5 Harrington Court Salem, NA 01970 Certificate of Hardship - Installation of Vinyl Windows Date: July 14, 1998 Jane, Please be advised that George and myself cannot make it to the meeting on Wednesday, July 15, 1998. Please reschedule our continuation of the installation of Vinyl windows for the meeting of September 2, 1998. TV-:�' CY� Pamela A. Luesier F .. . . r+ �/,� '.S. ' 5�� .' ..fir Y♦. b:-i ., Y.jh C s - J� G J TUCKf?,y,CN a I CHw.c X 45 \ E��E/ mw \\ ..IIW`/ r7r�f7'1'.4RNS K.£,rVTTL I In�'f/zA J•A,E.PARO /yNJ slo,Y . M/r \ 1 1 'NWf MR w \ C.A..00L£ G J SAD GBARB I n ✓ ALEOMB ' \\ wo N. w S/LSH E£ Q1 m y u 1 R,/\ \ R. 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I I i I l STONE I yl GA� F e+ I IITj I CEN,✓ .fHRF - / JI TTT',�^� I pryER I` ' I —�<P .c .� FJ•T Yf _ I Al L�LF Lj •L l�� I I _ ' _ _ _ I /) l ) , /� J l $ �'\ A�• R- ` - ✓ .. , I - \\ Ir uT� I �m FJ,T1 l II t ,r y I 'C F �' GI _ r CURR/ ,4 T 1 4ERJ,\�A To �` 3a ❑ AM Date Time ❑ PM WHE YOU WERE OUT M ✓�1 �-.�.6��Q-J of Phonef Area Code Number Etensw TELEPHONEDPLEASE CALL CALLED TO SEE YOU WILLCALLAGAIN WANTSTOSEEYOU URGENT RETURNED YOUR CALL Message 1 ✓h((r�ra�cI C�,�r �xc C a ccs�l`k_ Operator AMPAD REORDER .EFFICIENCY'a ✓29005 05/14/1998 09:03 978745883E HOLYOKE INS AGENCY PAGE 04 Pembody NoNrhon Mtll • Pwbody,MA 01960 • T1bVha 1978)532-8111 . For(978)5324393 May 4, 1998 0018 Pamela Lussier 5 Harrington Court Salem, MA 01970 To Whom It May Concern: Me. Pamela Lussier is under my medical care. Because of an ongoing medical condition, Ms . Lussier is unable to clean conventional windows . She is unable to climb a ladder or manipulate a hose. Accordingly, I recommend that she install new vinyl windows that tilt out for easier cleaning. Thank you for your attention to this matter. Sincerely, Elysia Griswold, M.D. EG/bss26 dd. ahsrs N2e005 ?1A JACKSON LUMBER&MILLWORK PO BOX 449 LAWRENCE,MA 01842 OCTOBER 7, 1998 DOUG KARAM 210 SOUTH ST. BOSTON,MA DEAR DOUG, I VIEWED THE HOUSE AT 5 HARRINGTON COURT IN SALEM,MA TODAY, OCTOBER 7, 1998. I OBSERVED APPROXIMATELY 16 WINDOWS WITH AN AVERAGE SIZE OF APPROXIMATELY 32"X 48" WITH A 2 OVER 2 GLASS LAYOUT. TWO OPTIONS ARE AVAILABLE TO MAINTAIN A 7/8"WIDE MUNTIN BAR PROFILE FOR REPLACEMENT OF THESE SASH: 1. A TRUE DIVIDED LITE SINGLE PANE GLAZED SASH WITH EXTERIOR ENERGY PANEL. 2. A SIMULATED DIVIDED LTTE-INSULATED GLASS WITH MUNTIN BARS EXTERIOR AND INTERIOR. BASED ON INDUSTRY STANDARDS, AN AVERAGE COST FOR OPTION 1 = $200-$225 OPTION 2 = $240-$260. THE INSTALLATION ESTIMATE WOULD BE APPROXIMATELY$100 PER WINDOW, ADDED TO THE COST OF THE SASH. I WOULD BE AVAILABLE ANY TU-4E TO MEET WITH THE OWNER OF THE HOUSE TO FURTHER DISCUSS THIS MATTER ALSO,PLEASE CALL ME SHOULD YOU HAVE ANY QUESTIONS. 3RJ RELY,ENDEAU 05/14/1998 09:03 9787458836 HOLYOKE INS AGENCY PAGE 02 �k Salem -Historical Commission ONE SALEM PREEN.SA"M.MASSACHUSETTS 01970 ,50917.15.9595 E%T. 311 APPLICATION FDR A CERTIFICAj . OF HARDSH2 Pursuant to the Historic District's Act (M.G.L. Chapter 40C) and the Salem Historical Commission Ordinance,application is hereby made for issuance of a Certificate of Hardship for: ❑ Construction ❑ Moving ❑ Feconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Sign M Other as described below. District: MCINTIRE Building Construction Date. if known: Address of Property: 5 HARRINGTON COURT, SALEM MA 01970 Name of Rccord Owner: GEORGE LUSSIER PAMELA LUSSIFR Description of Work Proposed: (PleWeq' p h , epired scale drawings, pain( chips and/or samples of work and material proposed. There app/iauWRJ INSTALL NEW VYNIL WINDOWS NOTE: VYNIL WINDOWS ARE NEEDED DUE TO MEDICAL REASONS SEF, ATTACHED LETTER FROM DOCTORS ti + � "V _ Tel. : 745-4225 Signature of Owner. �L rN _ ailing address: 5 HARRINGTON COURT City: SALEM Stater_ZIp:01970 M North Shore HOME Consortium (Income Limits for the Boston, Massachusetts PMSA) FY-98 Median Family Income: $60,000 I Pelson 2 People 3 People 4 People 5 People 6 People 7 People 8 People Very Low Income $ 21,000 $ 24,000 $ 27,000 $ 30,000 $ 32,400 $ 34,800 $ 37,200 $ 39,600 Low Income $ 31,700 $ 36,250 $ 40,750 $ 45,300 $ 48,900 $ 52,550 $ 56,150 $ 59,800 Issued January 28, 1998:Effective as of January 7, 1998 City of Salem Planning Department One Salem Green Salem, MA 01970 978 745-9595, Ext. 311 Fax 978 , . , . Memo To: Pamela Lussier From: Jane A. Guy,Assistant Community Development Director CC: Atty.William Lundregan Date: 12/03/98 Re: 5 Harrington Court Minutes of 9/16/98& 10/21/98& 10/7/98 enclosed. 0 Page 1 City of Salem Planning Department One Salem Green Salem, MA 01970 978 745-9595, Ext. 311 Fax 978 4 . , . Memo To: John Donahue From: Jane A. Guy, Assistant Community Development Director CC: Date: 12/03/98 Re: 5 Harrington Court Historic Commission minutes of 9/16/98& 10/21/98 enclosed. 0 Page 1 Timothy Malik ^"' . 46 Jersey Street ' '' VE Marblehead,MA 01945 MAY 2 3 1?nQ Sale,; °Iunn-;,9 Dept. May 23, 1998 Salem Historic Commission One Salem Green Salem,MA 01970 RE: Hearing for 5 Harrington Court Dear Sus: As the owners of 6 Harrington Court,we do not object to Pam and George Lussier installing vinyl windows in their home at 5 Harrington Court. We will be unable to attend the hearing on June 3 1998, but want to make it clear that we think these windows will be a benefit to them and to the community surrounding Harrington Court. Your flexibility and understanding of their efforts will be kindly appreciated. Sincere , othy J. Malik Edith Page Malik cc: Pam and George Lussier 016/29;11998 101:21 97"a52636 HOLYOKE INS AGENCY PAGE 01 FAX: '] y4 - 0 Vo p 701 e (9y� _ DATES rsolu �i9rn L USS xaoaxD=IIa� r'onfi17vay`1a,"%) of Vay� �cJi.�dowS 110. OF pAOSY TO FOLLOWS comma a S s' IS 05/14/1998 09:03 9787458836 HOLYOKE INS AGENCY PAGE 01 FAX: a M DATE I 9b� FROM& RROARDINGt / yhD�4tcr0 NO, or Y7WRl TO 1OOLJLO111 aa CORDIRRTRt ��.Q nj1 �/.�2^�-Qp /ANf��a M NICHOLAS J. DECOULOS LAWYER DECOULOS & DECOULOS AREA CODE 978 248 ANDOVER STREET OFFICE 532-1020 PEABODY, MASS. 01960 RESIDENCE 532-0018 �M ��; I �� _ _ . �. K,.. A � �� ' -Z:fir✓. `q 1 1-a_: _ i01:..�u.AUUq _ ��,i ..�.Clu iu f: 3/��9� Mj �J j '1. i 1 I, 86 adv 86&N r r _ i APR 98 APR 98 APR 98 ^1�r �. APR 98 APR 98 APR 9 . Nom _ I BS APR 98 APR 98 � f r i - ::21 APR 98 APR 98 APR 98 1 ti u� T 7j1.: - 1 %PR 98 APR 98 APR 98 +'�2• -'� !i}•,11w�1 vti.-� - �:`- �_ .. _r._ "�« .,C,._ � .. -\_^ � .�_ r �� } •�-r .+ �� .. IR 98 APR 98 APR 98 MO.fm APR 93 APR 98 APR! �` \� �� _ ��. �� _� = _` _ _ �' �' 4j - - �: � . � _-: ,, _, s._ i � - .... . :i l i.4 .. Ibl.r.\illUJ P .�/��a�Y� ly tt , Iry ff �i, �hhrri�q)'orr � . 3��/�-- i _�� - v ; ;,,,.::, ;, 1 '�.r iii i ��;nyY�r l7 39/9-L :� � � ._. z.�. �� ,� �� tulfltANUVAN 1N\UVAA\N .f au��e��a�m��u��a��W�� i t � 1� �\\\\\U\\\U� � YJ• q � r •� = _ ;�\, ' f!:�. `} �■� .�:.. �:;"� :;� :. _ ,� .. -.� � � r i ,` �' C � . > I�si�ylll .l . Wf r � me G I13 a I AIR �, -: ;, - . �' i . ��:, � � uui�u■ 1 nir�u.� r�. � �� . L� � �1 - ,, �' ��,�?f � 1 i i _i j e�Y,,,CONM4� Salem Historical Commission CITY HALL. SALEM. MASS 01970 AC-IMN&tA�M1Y CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [x] • demolition [ ] ; moving [ ]; alteration [ ] painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 5 Harrington Court Name of Record Owner: Pam Lussier DESCRIPTION OF WORK PROPOSED: Replacement of existing stockade fence in its entirety. No changes in material, design or location. To eventually be stained as existing (within I year from date of certificate or applicant may apply for alternate color e.g. natural) . Non-applicable due to being an inkind replacement. The Commission strongly urges that the applicant upgrade to a more appropriate fence (approval of such application required prior to any work commencing. ) 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: March 19, 1992 SALEM HISTORICAL COMMISSION L By Chairman Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 508) 745-9595. EXT. 31 1 APPLICATION FOR CERTIFICATE OF NON-APPLICABILITY Pursuant to the Historic District's Act (General Laws , Ch. 40 C) and the Salem Historical Commission Ordinance, application is hereby made for issuance of a Certificate of Non-Applicability for: construction [ ]; reconstruction [X]; demolition ( ]; moving [ J; alteration [ ]; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 5 Harrington Court Name of Record Owner: Pamela A. Lussier Date building erected and architect, if known: DESCRIPTION OF WORK PROPOSED: Replace stockade fence, Replacing with same style stockade fence. The fence is Pickett, 6'high x 8'wide. Storms this winter knocked down back of fence and since the current condition of the fence is deteriorated I will be replacing the entire fence. Note: There won' t be any change in style of fence, location of fence. The new fence wood type will be cedar and will eventually (when funds allow) be stained the same color as before, or if you allow I will let the fence age natually without stain. Signature of ' Name of Pamela A. Lussier Owner: Owner: (PLEASE PRINT OR TYPE) Address of Owner: 5 Harrington Court Tel . No. 745-4225 Date 03/04/92 SPACE BELOW LINE FOR OFFICIAL USE ONLY. FOR INSTRUCTIONS SEE OTHER SIDE. Date received: Date of hearing: Numher of Certificate: SALEM HISTORICAL COMMISSION Procedures for Filing .Applications A. There is no fee co come before the Commission. B. Be prepared to aoply for approvals well in advance of commencing any exterior work. Before making any changes cc the exterior of a property in an historic district, the owner should call or visit the Commission representative At the Salem Planning Department co discuss proposed alterations and to determine the category of the application (Appropriateness. von-Applicability or Hardship). C. The Commission normally meets on the first and third Wednesdays of each month and notices are posted at City Hall. The meetings are held at one Salem Green, 2nd floor, and begin At 7:70 p.m. All neetings of the Commission are aper co the public and any person is entitled to appear and be heard on any matter before the Commission before it reaches a decision. U. An application tar a Cerciticate of Appropriateness or Hardship must be received by 1:00 p.m. on the Monday 16 rays before the meeting in order co make the following agenda. An application for a Certificate of Non-Applicability may ncrmatLy be added ro the agenda up to the day of the meeting. E. All applications far Certificate at Appropriateness or Hardship require a public hearing. Notice of the hearing must be posted with the :Lcv Clerk 14 days before the hearing and abutters must be nocified in writing. Commission staff w.Ll handle these procedures. t public hearing is net required for a Certificate cf Non-Applicability. 1 . App ucacions must be submitted by rhe owner of the property. In case at a teranc. a waiver of the owner's appearance may be granted at ire discretion of the Commission it is is requested by the owner. G. An application will not be considered complete unless all work items are chorcughly 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 chart. Applications for changes other than paint colors must be accompanied by scale drawings chat adequately illustrate a_l proposed changes. The following items should be included in your drawings as applicable: 1. Site plan showing location of improvements: 2. ELevacion drawings of the specific improvements! f. Uetatis/prattles (i.e. moldings, fence caps, cornices, etc.)! 4. Materials (i.e. wood, brick. Ace.); 5. Dimensions ( i.e. size of trim)! and h. Transtormers, heat pump and condenser locations, electrical entries and meters, Lamp posts. Stove pipes. II. At their convenience. a representative of the Commission will take pictures of the property from the public way for presencatton 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 the applicant or his representative. hear the abutters and take a vote. wners having professional consultants such as architects or contractors are urged to have them be present at the hearing. :I the application is approved a Certificate will be issued, mailed to the applicant and copies will be sent to the City i.lyrk and Building Inspector. Please note: that the application can be continued until the next meeting if the Commission deems necessary ( i.e. for reasons of Incomplete drawings. to perform a site visit. Act.). In any came. the Commission must make a determination within 60 dovA 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 has a letter from the Commission stating that the change involved is not subject to the Commission's jurisdiction. K. The City of Salem reserves the right to inspect the project to determine comp.iance 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 at the Commission is subject to fines of up to $500 per day from the date of the violation. The City of Salem is not responsible for an owner's neglect to inquire about necessary City permits and approvals. All records are public and we will be happy to confidentially assist you if you are concerned that someone in your neighborhood is in violation. Assistance Copies of Commission guidelines are available at.the Salem Planning Department. The guidelines provide examples of what is historically appropriate (and inappropriate) for Salem's neighborhoods including trim, siding, doors. doorways, porticos, steps, fences, masonry, paint colors. parking solutions. roofing, and windows. -hese guidelines will help you understand what changes are likely or unlikely to be approved. The Commission supports your efforts to improve your property and can guide you on historical appropriateness. Various books and City-wide architecturaL inventories are available to help you identify the style and age of your home. Also available are rehabilitation guidelines. mist. legislation. pictures. books, and ocher historical data and research materials. For further information contact the Commission's staff representative, Jane Guy . . . (Salem Planning Dept One Salem Green. Salem, MA 01970. 508-745-9595, axe. 7111. JHisCom7/Summary, I PORT T MESSAGE(( FOR (r�' q J d�/ A.M. OAT TIME- M M OF /7 PHONE AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CAME TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL SPECIAL ATTENTION MESSAGE SIGNED LITHO IN UZ A- TOPS FORM 3002W e 'Coxo1r4 Salem Historical Commission CITY HALL. SALEM, MASS. 01970 r ,J 01M.6 w�5 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction [x] ; reconstruction [ ] ; demolition [ ] ; moving [ ] ; alteration [ ] ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 5 Harrington Court Name of Record Owner: Pamela Lussier DESCRIPTION OF WORK PROPOSED: Replacement of existing stockade fence with flatboard fence as per photos and descriptions submitted. Side lot line fence abutting 3 Harrington Ct. , to slope from street to first post as per drawing. Posts to be as per Option A. Front fence to be continued until chain link at 3 Harrington Ct. No change in chain link fence at 5 Harrington Ct. was proposed. Fence to weather. 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 commencin¢. work. Dated: April 2, 1992 SALEM HISTORICAL COMMISSION gy airman / �QIQ �$t rACQ� Commission ONE SALEM GREEN. SALEM.MASSACHUSETTS 01970 508) 745-9595. EXT 311 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS Pursuant to the Historic District's Act (General Laws , Ch. 40 C) and the Salem Historical Commission Ordinance, application is hereby made for issuance of a Certificate ul Appropriateness for: construction M; reconstruction [ ]; demolition [ ]; moving [ ]; alteration [v ; painting [ ]; sign or other appurtenant fixture [ J work as described below in the Historic District. (NAME OF HISTORIC OI STRICT Address of Property: _ ��/�� /� � �� A Name of Record Owner: �/ i'?�4, Date building erected and architect, if known: DESCRIPTION OF WORK PROPOSED: ( Please attach required scale drawings, paint chips and/or samples of work and material proposed, where applicable. ) ,P P)AC In< F-epee. u),4r) l- -�o fieplgc e 1/0 � fnic tu6Z�S rura-� Name ofSignature of �a�e� Owner: f1f7 E �t) ,- L1 '`,�lE/� Owner: (PLEASE PRINT OR TYPE) Address ofIS ;tW Owner: Tel . No. Date�y_5 L y�?C' u— SPACE BELOW LINE FOR OFFICIAL USE ONLY. FOR ItJSTR11CTIONS SEE OTHER SIDE. Date received: Date of hearing: n,. ,.,k,nm rarpivpd: Number of Certificate: SALEM HISTORICAL COMMISSION Procedures for Filing Applications A. There is no fee to come before the Commission. B. Be prepared to apply for approvals well in advance of commencing any exterior worts.. Before making any changes to the exterior of a property in an historic district, the owner should call or visit the Commission representative at the Salem Planning Department to discuss proposed alterations and to determine the category of the application (Appropriateness. Non-Applicability or Hardship). C. The Commission normally meets on the first and third Wednesdays of each month and notices are posted at City Hall. The meetings are held at One Salem Green. 2nd floor, and begin at 7:70 p.m. All meetings of the Commission are open to the public and any person is entitled to appear and be heard on any matter before the Commission before is 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 nuueu �0 use vy Z. Lh- __y Of [Fe m=e�tno. E. All applications for Certificate at 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. Comaission scatf will handle these procedures. A public hearing is not required for a Certificate of Non—Applicability. F. Applications must oe submitted by the owner of the property. In case of a tenant, a waiver of the owner's appeacacce may be granted ac cne discretion at the Commission it is is requested by the owner. G. An application will noc be considered complete unless all work items are chorougnly described on scaled drawings and include specifications regarding dimensions, materials, and any other information needed for the Commission Cc visualize the changes in order to make a determinacfon. Applications for paint colors should include a paint chip or chart. .Applications for changes other than paint colors must be accompanied by scale drawings that adequately illuscrace all proposed changes. The following items should be included in your drawings as applic4Je: I. Site plan showing location of improvements: 2. Elevation drawings of the specific improvements: I. Details/profiles (i.e. moldings, fence caps, cornices, ere.): 4. Materials ( i.e. wood, brick, etc.): 5. Dimensions ( ,.a. size of crim): and 6. Transformers, heat pump and condenser locations, electrical entries and meters, lamp posts. stove pipes. 11. At their convenience. a representative of the Commission will take pictures of :he property from the public way for presentation at the meeting. If is not necessary chat the applicant be home or be present. I. At the hearing, the Commission will discuss the application with the applicant or his representative, hear the abutters an, cake a voce. Liwners having protessional consultants such as architects or contractors are urged to have them be present at the hearing. if [he 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 car be continued until the next muting if the Commission deems necessary Ii.e. for reasons of incomplete drawings, to perform a site visit, etc.). In any eau, the Commission must make a determination within 60 days from the dace the applicacfon is received. J. A property owner or a contractor cannot receivea building permit unless a Certificate has been issued or Che applicant has a letter from the Commission stating that the change involved is noc 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 at the Commission is subject to fines of up to $500 per day from the date of the violation. The City of Salem is not responsible for an owner's neglect to inquire about necessary City permits and approvals. All records are public and we will be happy to confidentially assist you if you zre concerned that someone in your neighborhood is in violation. Assistance Copies of Commission guidelines are available at the Salem Planning Department. The guidelines provide examples of what is historically appropriate (and inappropriate) for Salem's neighborhoods including trim, siding, doors, doorways, porticos, steps, fences, masonry, paint colors. parking solutions, roofing, and windows. These guidelines will help you understand what changes are likely or unlikely to be approved. The Commission supports your efforts to improve your property and can guide you on historical appropriateness. Various books and City-wide architectural Inventories are available to help you identify the style and age of your home. Also available are rehabilitation guidelines, mise, legislation, pictures, books, and ocher historical data and research materials. For further information contact the Co®fission's staff representative. Jane Guy (Salem Planning Deot., One Salem Green. Salem. MA 01970. 508-745-9595. ext. 311). JHisCom7/Summary I C. FENCE CO. (508) 745-0996 53 MASON ST. SALEM MA, 01970 March 16, 1992 Dear sirs , Ms. Lussier has contacted me to install a 6' high wood fence around the perimeter of her property at 5 Harrington ct. in Salem. Ms. Lussier wishes to submit for your approval a colonial style cedar board fence consisting of 1"A" white cedar planed boards mounted verticly on 3 horizontle rails consisting of 2"s3" moulded white cedar , and spaced evenly. The fence section will be capped with a 2"a3" white cedar radius topped rail, routed along its length to accept the top of each verticle board to prevent warpage and shed the weather. The fence will be supported every 8' by a 5"z5" pressure treated post set in the ground to adepth of 30", and topped by a colonial style wood cap. Enclosed you will find pictures of this style of fence and post cap. Let me thank you in advance for your consideration. Sincerly Yours, John H. Chiaradonna Jr. O0-W (8IZ) .OD HDKM .D A JR VORAM Q .AM M31AR ore[0 iffl ,al rb,uM atia �s9(1 Al bnuwm 9)aii brx,w d*d 'd s Ilsloni o) vm h-028 soa Md -191swu.l .RM ,-Ai4w Illaw l .zM .rtr9ls ai .f5 noimal-nsH P Iv v' 07q hw •rid 10 �9)9ml'1� 'lo Maif wtnil b,wxi -imbso Alb bduolu.j s is+4nggs -a" -vol AnWw w ofis•r ybnosivod C no CI►itnv bafnuom rtnod boasiq —9 WWlw "Ax" 1 9-wif 90 .fln9vy kn2op ban . -isbe9 9fidw b9bluom "U. "S lu Moi)Aisno•, b9)uoi ,liin bv")j ..uibs-r isbro Aida "U".' s dAw b:rggsj A lliw n(N)ro, •oMsq•rsw )n9v97q of biwA 91-ih9v qo) 9df fg9:»s of dfMn9l ih Mattis "Ex"a s td 'g t-w-i bstutgqu* 9d Ulw 99a91 wrf .y9dU*w wh bwlr bas s ,id b9ggr4 bw ,"Of.ltt d)gvbs n) bnuo•IM 9d) ni )9Y. )axrq b9fs9V ww..#*,9.1q ,r)nyi'iu Alio AdfIn wnu)oiq bail Ww not b%*)13n.4 .qu-i boow silk lsinola) .noils-r9bWnot) wot vi19insvbu ni uov )land) 9m )9,1 .gn3 faoq bas .nuoY Ch winir 71• ►:nnobstsid7 .H ndol. yaissrn /'a�FlLl a - (0 •0 II 9 6 � e n - c � rr__1 VD a OLJT �i/OG Ic�OPi.�I d ' D 4 x ,jk D Ix LELI, / \� �.a1S/df Vita/ a J� GU@rt, Salem Historical Commission ONE SALEM GREEN. SALEM, MASSACHUSETTS 01970 745-9595, ext. 311 NOTICE OF HEARING The Salem Historical Commission will give a public hearing to all persons interested in the application of: Pamela Lussier on the property at: 5 Harrington Court concerning: Fence replacement Date of hearing: Wednesday, April 1, 1992 Time of hearing: 7:30 p.m. Location of hearing: One Salem Green By Order of the Salem Historical Commission — il L -�x —z- Clerk f the Commi on 7 Carpenter St. - Newhall Manor, INc. 142 Federal St. - Timothy & Frances Clifford 52-56 Flint St. - Ralph & Rita Cimon 10 Gifford Ct. - Lawrence Healy, Martha Johnsgn, Charles Bropht & Kathleen Johnson, 26 Mill St. , REading, MA 01867 12 Gifford Ct. - Christiane Munkholm 1 Harrington Ct. - Lawrence & Barbara Cleveland 3 Harrington Ct. - Patricia Scialdone 6 Harrington Ct. - Timothy & Edith Malik i. �rr, rLUXEST 6 RAIL qo S r� I I �ic � • /�+` ��.'I � �,•'�♦''tib � r ESTATE SPACE GOTHIC SPACE PICKET PICKET 1 17 ONE r {{ �I � h �- � ,:• � �" � 1ST" r sl 5 . F Y'• I i tt I r r <7 c "V c oir 6"tvice C %iV Cvr 5,��.� . y.CO>1uL1 meg, M Tj IS. 7Y �4 i t �+ '�F•Uti?F.OS` Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 (508) 745.9595 EXT. 311 FAX (508) 740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: `Iclntire Address of Property: i Harrington Court Name of Record Owner: George Lussier & Pam Lussier Description of Work Proposed: Repair,replace front and rear porch roofs to replicate existing. Repaint fronrand rear porches in existing c'01orc. NO Changes in calor, material, design or outward appearance. Non-applicable due to being in kind Illi illleltell ce. Dated: :\pril ?4. 1998 SALEM CO SSION By: 1 . � 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. TI I I S IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of BllildillLs (or any other necessary pemiits or approvals)prior to commencing work. Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 (508) 745-9595 EXT. 311 FAX (508) 740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic DistricPs Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 5 Harrington Ct. Name of Record Owner: George Lussier& Pam Lussier Description of Work Proposed: Replace main roof to replicate existing. Repoint chimney to replicate existing No changes in color, material, design or outward appearance. Non-applicable due to being in kind maintenance. Dated: Mav 5 1998 SALEM HISTORICAL COMMISSION By: The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. v�.cu T n - Salem Historical Commission ONE SALEM GREEN,SALEM.MASSACHUSETTS 01970 (978) 745-9595 EXT.311 FAX(978)740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 5 Harrington Court Name of Record Owner: George & Pamela Lussier Description of Work Proposed: Replace chimnep to replicate existing. No changes in color, material, design or outward appearance. Dated: M tv 36. 1998 SALENI HISTORICAL COMMISSION The homeowner has the option not to commence the work (unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS 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. e Sale°' der eall>°ply DBa � Money More ninth- A first at Ruane Pipe firm, light Boston Gas Big buy graders trickle Residence: plant consider looks to build Peabody software company into MCAS class I vacancies making deal local station grows with acquisition —Page A4 —Page A2 —Page A8 —Page A11 —Page B1 For a complete guide to local news In today's edition, see the; Browser on Page A2 Tuesday In Health: AIDS survivor's story 92rThe Salem VENING EWS Bringing the North Shore Together Salem, Massachusetts www.salemnews.com Monday, February 21, 2000 $2.60 per week home delivered 50 Cents "I don't think anybody wants to be here, but what are you going to do?" Historic Bill,spending the night at the homeless shelter on the Beverly waterfront house to vin get 1 Y •T , windows Harrington Court family, Salem board reach agreement By TOM DALTON q; News staff SALEM—Score one for Harrington Court. The tiny street of modest homes that tried unsuc- cessfully to secede from the McIntire Historic Dis- trict four years ago has won a legal battle against a city board, the Salem Historical Commission, which doesn't lose many fights. In actuality, an out-of-court agreement between lawyers will allow Pamela and George Lussier,of 5 ,r.?. Harrington Court,to install vinyl windows on their vinyl-sided home.The city board wanted wood. Although the legal agreement may not sound "This was really like a big deal, it is be- y -� lieved to be only the a nuisance cas'`4 second time in a decade that should havethat the Historical Com- mission has been over- just never even ruled. It had to back down a few years ago, due to a been ftn igmje_ It'i legal technicality,in a roof a vinyl house dispute with a Chestnut News staff photo/Barbara Kennedc Street couple. and it Should Bill, who enjoys reading, looks at a book before going to sleep at the temporary homeless shelter In Beverly. The shelter Is In the former The Lussiers, who led have had vinyl McDonald's building on the Beverly waterfront. the effort to break away windou5." from Harrington Court, are not gloating over this —homeowner rare victory. In fact , Pamela LussierPamelaLussier my Beverly shelter is needed, say homeless tantly agreed to discuss it. This was really a nuisance case that should By MARC FORTIER Jack spends most of his days at the kept them from sleeping in an alley customers. have just never even been an issue,"she said. "It's News staff Beverly Public Library. or a car,and possibly freezing to The shelter is still a pretty bare- a vinyl house and it should have had vinyl win- "I'm going to the library every death.They say the city needs a bones operation—10 cots with dows." BEVERLY—You won't find day,for the wrong reason,to keep homeless shelter,both now and in blankets and a limited amount of The Evening News was unable to get a comment many homeless people who warm,"he said."It doesn't feel the future. food for anyone who missed from the Historical Commission, which was in- consider themselves fortu- good.You're always waiting for the Andrew DeFranza,Beverly Boot- dinner.About once or twice a formed of the agreement at last week's meeting. nate.Jack is the exception. other shoe to drop,for someone to straps outreach coordinator,said week,a local couple delivers a The one member contacted, Doug Karam, had no "I'm one of the lucky ones.The say you can't sit here,you can't the 10-bed shelter has had eight or home-cooked meal.This week it comment. very lucky ones,"he said. stand here." more people staying there every was meatloaf,mashed potatoes, In October 1998, the Historical Commission In recent weeks,the 48-year-old Still,when he looks at some of night over the last three weeks.On mixed vegetables and bread. unanimously rejected the Lussiers'request,saying North Shore native has been the other people who have been three nights,Jan.28 and 30 and Each night,the shelter opens at 7 vinyl windows were"inappropriate." spending his nights at the homeless staying in the cots next to him,he Feb.6, 11 people actually slept p.m.,and occupants have until 8 to The lawsuit was settled before going to trial, shelter in the old McDonald's realizes he's got it pretty good. there,a mix of men and women. check in.Most don't wait that long, after a court mediator apparently made it clear he building on Water Street. For Jack and many others,the DeFranza Itras no figures on the arriving soon after 7,picking up a felt the city board's decision was unreasonable. When he's not working one of city's decision to open a shelter total number of people who have couple of blankets and setting up The larger question raised in the lawsuit abopt numerous odd jobs he's landed, this winter was the only thing that stayed,but he said many are repeat HOMELESS, page A14 the constitutionality of the restrictions imposed within the McIntire Historic District went unan- swered. AGREEMENT, page A14 Officer is a - Y: Family of victim sued -in resource for drunken driving accident students Ne s statLIE MANGANIS fenced to ue to 5 years in jail. News staff Rodriguez was traveling down Western Avenue at 53 miles an SALEM—Last month,Terrence hour last July 12 when he struck By KELLY STEINMETZ Maguire watched as the man who Maguire's car broadside, sending News staff killed his son in a drunken driving it spinning into another car.That accident last summer was sent to car was driven by Almeida, of BEVERLY—A group of teen-agers tends to jail for what Maguire felt was too Lynn. " gravitate to the high school office of Pa- short a term. The suit also names Rodriguez, trolman Brian Long. They stop by between Maguire told the court, and who is in jail and could not be classes or during free periods a couple of Judge Isaac Borenstein, that his reached for comment. times a day,flopping down on the worn floral faith in the system had been shat- Almeida, who received back in= couch in the corner. tered by the court's response to his juries, was also the witness who "I like to come down here and just talk to son Timothy's death. helped police by describing how him,"said sophomore Alex McLaughlin. This week,Maguire,65,of Lynn, Rodriguez got out of his own car, And even though some students,like Rose News staff photo/Jonathon M.Whitmore received a new blow,he said,when surveyed the scene and fled on Gonzales,have had mixed feelings in the past Beverly police Patrolman Brian Long teaches a class In criminal justice as part of his he was served with court papers foot. about police officers,Long is changing their job at Beverly High School. He only wears a uniform half of the time. Thursday. "It seemed like things werQ minds. Those papers told him he is starting to calm down," said "He seems like someone you can trust,"she being sued as administrator of his Maguire. said. The hope is that over time,students will see He also spends a portion of his time in the son's estate,by a third driver in- Neither he nor his wife slept on McLaughlin and Gonzales are just two of a police officers not just as someone who en- city's two middle schools. volved in the accident, Jose Thursday night,too upset and wor- dozen students at Beverly High School who forces laws,but someone they can turn to for Half of the time, Long is in uniform. Some- Almeida. CRASH, page A14 like to make visits to Long's office as part of help. times he wears a jacket and tie—fitting,con- The papers say that Timothy their daily routine. "My role isn't to be the police officer for the sidering his dual role. Maguire, 32,of Swampscott,was Long, 34,a Beverly police officer,became high school,"said Long. "I see myself no dif- Long doesn't spend his days searching out negligent when his car,struck by the first school resource officer in January.A ferent from a computer teacher." crone in the high school;he said only about 25 the drunken driver,crashed into $125,000 state grant will pay to have the full- As part of his high school duties, Long percent of his job involves security.The rest Almeida's car in the early time officer in the schools for three years. teaches a criminal justice class,where discus- involves teaching and counseling. morning hours of July 12.Maguire Similar officers were also assigned to sions center on constitutional law and crime. So far, Long,who has only been on the job died in the crash. schools in Swampscott, Salem,Peabody and But he also talks to students about preventing for a month,has not made any arrests. Agustin Rodriguez,49, of Lynn, Ipswich under the same grant program. violence and teaches them to see various When Long first arrived, many students pleaded guilty to vehicular homi- 0 78908 2 2233 6 warning signs of problems. LONG, page A14 tide while drunk and was sen- � 1 A2 Monday,February 21,2000 The Evening News, Salem,Mass. Salem lowy A first at Ruane Residence: vacancies Nv IF By TOM DALTON dryer with others. YOUR GUIDE TO TODAY'S LOCAL NEWS News staff Residents eat dinner together SALEM—With so man seven nights a week in the dining @overly Freed from the wood:Weekly Y horror d' - r" room. Brunch also is served on stories out there about families carving program at Community Life weekends. Beverly shelter is needed,say searching endlessly for a home for - 8 o '' "I just love my apartment,"said Center attracts novices and artists y resident DorothyFleming, a homeless.Al an elderly relative,it's almost hard alike.A8 * former World War Arm nse to believe this story. Officer is a resource for students. Prep,Fenwick advance in North sec- For the fust time in ears,the J. f year's�. 'T Al Y ' '` who moved here five [ tionals.Cl Michael Ruane Residence, the < also like how you can roam around Hope blooms for cancer patients with Daffodil Days'19th season A4 Fenwick's weapons wear out city's congregate housing complex here and nobody bothers you." at 3 Broad St.,has vacancies.There Peabody.Ci The Ruane Residence is owned More er-s pool classes. trickle Into are two empty rooms in the 14- by the Salem Housing Authority" MCAS after-school classes.A4 Money:ScanSoft's acquisition room house. f with services provided by North High school honor roll.AS • makes It one of the largest software Officials aren't quite sure why Shore Elder Services. Among the companies on the North Shore.61 there are vacancies,.but they spec- 9� .a available services are house- Principal goes to great heights to elate that more elderly are staying "+`, "-�• mark end of Centerville Elementary ` Salem at home with health care support, r keeping, home-delivered meals„ School reading festival.AS ppO medical transportation, shopping or that many older persons have and visiting Historic house to get vinyl windows: frog nurses. Coffey grinds Salem in NEC title moved into the growing number of News start Photo Sweeney Harrington Court family,Salem board y y "You can stay as independent as clincher.C1 reach agreement.Al senior and assisted-living facili- Residents of the J. Michael Ruane Congregate Residence for you want," said Patricia Lendall" Beverly gymnasts take second ties. Elders gather In the living room before dinner. the supervisor of North Shore place at sectionals.Cl Family of victim sued in drunken dri- It's also possible,they say, that Elder Services."People also can be ving accident.Al many people don't know about the Oliver School and is located next is$31,700; and there no longer is a independent with support." Danvers A first at Ruane Residence:Vacan- Ruane Residence or aren't aware to the Council on Aging, offers limit on assets. It used to be There also is no residency re- cies.A2 that the eligibility requirements independent living for anyone 60 $15,000,but that was dropped a few quirement.Although preference is Neighborhood watch:Looking 0 have loosened. or older, or a disabled person, years ago. given to Salem residents when last century,next millennium.A10 Mann School reaches million-minute "It's the best-kept secret in who meets income requirements. h1 the city's congregate housing, there is a waiting list, now that Pro-school Sale g roup hopes to convince mark in reading program.A2 m,"said Linda Elworth y,exec- Those requirements, by the way, residents have their own rooms, there are vacancies, rooms are town to vote'yes.'A10 Board OKs plans for Bowditch utive director of the Salem Council have loosened over the years so which include large bedrooms, open to any state resident who Boston Gas looks to state to build € School.A3 on Aging• that many more people now half-baths and eat-in kitchens. meets the qualifications. local station All The Ruane Residence, which qualify. They also share a livingroom, For more information, call 978- Students to create sculpture for opened 10 years ago in the former The income limit for one Prep,Fenwick advance in North sec- new Bates School.A3 person den,dining room, and washer and 7504540. tlonals.C1 Salem High's Keller cruises to an- Fenwick's weapons wear out other championship.C1 Peabody.Ci Coffey grinds Salem in NEC title Hamilton-Wenham ; clincher.Ci Salem State win clinches MASCAC Mann School reaches Panel seeks to make town safer for title.C2 cyclists and walkers.Ail million-minute mark Town seeks new building in• Swam scott spector.Al2 p Superintendent Coughlin seeks 10 Ipswich ; percent increase in school spending. AT In reading program Program in Whipple annex is no longer an alternative.A13 Tri-Town recycling By NANCY MADES Manchester Boxford procedures de- News correspondent Despite controversy,selectmen ap- tailed for town residents.Al2 wring one of the weeks, prove renovating tennis courts into SALEM— While most people family members were skateAi3 ark i Region were still finalizing their New p Year's Eve plans this past No- invited to contribute to The Auto Scanner:Accessories Marblehead ; lower fuel mileage.Bi vember, students and staff at the the students total. All Horace Mann School were al- types of reading counted Christensen,smoke ban foe,in New dollar coin big with collectors, ready on their way to celebrating health board race.A6 [ not consumers.Bl the new millennium by reading — a novel, a newspaper, Your Money:Measurin consumer for a total of 1 million minutes. Peabody y g Ever one in the school con- even a cereal box. •. confidence.62 tribut d to the project — stu- Neighborhood Watch:Existing,pro- North Shore business digest.B3 posed pipelines convey various g dents, teachers, custodians and contribute to the students'total. headaches.A8 Tech Notes:Updating older PCs.83 f cafeteria workers, and,of course, All types of reading counted—a Pipe firm,light plant explore making North Shore gets 9 inches of Principal Michael McNamara, novel,a newspaper,even a cereal deal. A8 weekend snow.87 McNamara read three books, box. one from the Harry Potter series; Reading also brought about "Into Thin Air," a nonfiction ac- some lively discussions in class- r ft �, count of an ill-fated Mt. Everest rooms where groups of students a t , r, expedition; and "Angela's read the same books,said Con- Ashes," a moving autobiography nen. "Three or four kids would ' of an impoverished Irish family. start a discussion, and then The million minutes of reading everyone was involved, sharing project was the brainchild of what they got out of the book," teachers Diane O'Donnell and she said. T Linda Connell. The idea was to Each class calculated its own give avid readers credit and pro- minutes on a weekly basis. Class vide incentives to everyone else. totals were then added to a chart Reading before bed is a routine so the school could track its that parents usuallyadhere to progress. So the project, Connell very strictly when their kids are noted, involved math skills as little, O'Donnell said. Unfortu- well. E nately,busy schedules and home- For those students who already ' work too often lead families to read for pleasure, the million- abandon the routine as children minute goal was a fun challenge, grow older. said the teachers.For others,it was "By challenging them to read a their first introduction into the joy million minutes, it forced them of reading simply because you've News staff photo/Jonathon M.Whitmore to return to the nightly reading got a good story in front of you. Horace Mann student Shayne LeFrancois prepares to dig into routine," O'Donnell said. "And They're hoping those who are his ice cream during a celebration of the school's millionth the results were very positive." new to reading for pleasure will " Weather art by Briama Hebert,South Memorial School,Peabody minute of reading. During one of the weeks, continue on now that million- family members were invited to minute mark has been achieved. Forecast:Tonight mostly clear. showers late. Lows 30 to 35. Low 10 to 15; 20 to 25 in the Highs 45 to 55.Friday chance of a urban centers. Tomorrow mostly shower.Lows in the 30s.Highs 40 sunny.High 35 to 40. to 45. SALEM CALENDAR Extended forecast: Tomorrow Marine forecast: Tonight windTiuThursday, Feb. 24 Saturday, Feb. 26 Voices After Noon: In Unison concert night increasing clouds. Lows in becoming Variable 10 t0 15 kts Chamber Feb. 22 committee to host Spring 'The House of Bemarda Alba;by play- "New Beginnings;' SATV Gallery by Salem State College students and facul- the 20s.Wednesday partly cloudy with seas 2 to 4 ft. Tomorrow Fashion Show,5:30 to 8:30 p.m, wright Federico Garcia Lorca 8 pm,Callan opening with artist Paula Beaulieu,recep- ty,3 pm.Charlotte Forten Hall in the and milder. Highs 40 to 50. south wind 10 to 15 kts.Seas 2 to Hawthorne Hotel.Channel 5 news reporter Studio Theatre,Salem State College.Runs tion from noon to 2 pm,285 Derby St. Library.$7 or$5 for seniors and non-SSC Thursday mild with a chance of 4 ft. Gail Huff will be the guest speaker.Cost is Friday.Feb.25,Saturday,Feb.26 and Free and open to the public.Exhibition con- students.(978)542-69%. a. $40,which includes dimer and the show. Wednesday,March 1 through Saturday, tinues through April 8.Gallery hours are & Lottery Sun Tides Proceeds will go to the Salem Women's March 4.$15 general admission;$SO for Mondays,Wednesdays and Thursdays,10 Monde Feb 28 Heritage Trail and the Women's Friend seniors and non-SSC students.(978)542- am to 9 pm.;Tuesdays,2 to 9 pm.; yr . Yesterday's number Sunset today Society.For reservations,call(978)744- 6999. Fridays,10 am.to 5 pm.;Saturdays,10 "A Symposium on Lorca: Poetry, 0-8-2-1 : 5:23 p.m. 0004 by Feb.15. am.to 3 pm. Passion and Politics,"11 am.to 3:30 - Sunrise tomorrow ArtsMaglc planning meeting,4:30 pm, p.m.,Callan Theatre,Salem State College. ' Payoffs (based on $i bet) 632 a.m. Wednesday, Feb. 23 Destination Salem 30 Liberty St.(978) Sunday, Feb. 27 Continues on Tuesday,Feta 29.Explores Exact Order: The Photo 741-3252. Photographer's Eye,slide lecture Music at Naumkeag concert 3 pm, politics of church and state in Spain when All 4 digits—$4,233 TONIGHT'S TIDES b)y wooden-boat photographer Benjamin Tabernacle Church Washington Street. Federico Garcia Lorca was writing"The First,last three digits—$593 High tide Mendlowitz,7:30 pm.Liberty Street.Book- Friday, Fob. 25 Featuring Nancy Armstrong,soprano,and House of Bemarda Alba"(978)542-6999. Any two digits—$51 1225 pm. signing and reception to follow.Members Benefit Dance for family of Jon Wayman Chin,piano,performing works by Any one digit—$5 $6,nonmembers$9.Reservations by Feb. Gansenberg of Salem,who lost posses- Schubert.Poulenc,Schumann and others. - Any order• Low tide 20.(978)745-9500,Ext.3011. sions in a Jan.22 fire at 17 May St.Dance Cost is$10 general admission,$8 for Voices After Noom t Unison,a selec- 639 All four digits—$176 : pm. will be held from 8 p.m.to midnight at seniors and college students.$5 for high tion of program highlights,11 am, First three digits-$99 TOMORROW'S TIDES SATV to hold monthly membership Beverly Elks Club,39 Bow St.,Beverly. school students and free for children under Charlotte Forten Hall,Salem State College. Last three digits-$99 High tide smclal,7 pm,Salem Access Television. Music by The Nor'easters.Tickets$10. 14.Tickets will be available at the door. Free and open to the public.(978)542- 12 55 a.m. (9178)740-9432. Information,744-6953. (978)744-3164. 6999. Saturday dally 9-5-9-9 Low tide Saturday Megabucks 6:58 am' LASER 1-15-17-35-38-39ATTENT ON CORRECTIVE SURGERY Index ,rIassified.......SectionD Obituaries.._ .........B6 Scoreboard No Suture Cataract Surgery .....ono Eye Exams • Eye Medicine •comics._............_...........C5 Opinion............................B4 Sports.._..........Section C OearAbby...-..............B8 Police,fire,court_......B7 State.........................B7 H"11S MARTIN CUTLER MD PC Letters.........._........B4 Television........__.......BS Movies.............._.-.......B8 Puzzles........................C5 Viewpoint......................B5 GAIL TORKILDSEN, MD Full Service Optical Shop on Premises The Evening News Contact Lens Sales and Fittings re partlyprintedoncycled newsprint. Look for our Weekly Specials reMill Pond Professional Building • 345 Washington Street This newspaper 9 9 is fully recyclable. A Gloucester, MA 01930. 978-281-8809 on the Back of Section +- We accept most major insurances. Vol. 120 No. 110 56 pages A14 Monday, February 21,2000 The Evening News, Salem,Mass. From Page One Long: Officer a resource for students Agreement: House to get vinyl windows Continued fr*age Al Continued from page Al were opposedpresence. Up In the original lawsuit, theuntil October1 had a se- Lussiers said the historic district's ries of differea officers pa- "` , rules"deprived(them)of the use of trolling the building and the their property,without due process grounds. Long replaced those pa- r of law,and in violation of the U.S. trolls. a 'q4 Constitution, the Constitution of r "I think the kids were con- # a Massachusetts,"and state law. carried, and I'm not sure I agree s - The Lussiers argued it was a fi- with their thinking.They couldn'te - nancial hardship to follow the dic- r " understand-why we needed an kitates of the Historical Commission, armed officer in the building," t which rules on exterior renova- said Beverly High School Assis- tions within the city's historic dis- tant Principal Carla Scuzzarella: tricts. But now that students have re- The lawyers settled the vinyl dis• alized Long isn't there to "con- pute but ignored the constitutional , stantly bust people," things have question. settled down,she said. "We got the windows," said "He's here as a positive," said News staff photo/Jonathon M.Whitmore peey lawyer Nicholas Decoulos, Scuzzarella. Beverly High School students, from left, Carlene Polynice, Angelica who represented the Lussiers. Long spends most of his time Leal and Rose Gonzales talk about having police Patrolman Brian "We're not interested in anything talking with students. He occa- Long at the school. else." atonally drops by classrooms or The agreement even contains an talks to students in the halls. asked him about drunken driving His former position with the acknowledgement that the Lus- "I was sitting outside,I'll talk to laws' or how to become a police state Department of Youth Ser- niers' home is "included in the anybody," said sophomore Jahn- officer. They also talk about cur- vices has given him some skills to Salem Historical Commission ordi- nyiris Jimenez. ".I think I asked rent events, including the recent talk to students, but most of it is nance—McIntire Historic District him'Can I see your,handcuffs?"' shooting death of a police officer common sense,he said. —and is subject to the require- Now she regularly stops by his in Providence,R.I.,he said. "It takes a certain knack to'be ments of that ordinance..." office during the day. "I think it's important that they able to relate," he said. But the The McIntire Historic District, "There are certain. things we see him as a law enforcer, and most important thing, he has named for the city's famous wood- joke around about, but when it's also someone they can speak found, is to avoid speaking down carver and architect,Samuel McIn- time to be serious, hie is," said with," said Scuzzarella. "I'm to students. tire,was created in 1981 from two Jimenez. happy with the relationship and Long's new job does seem to be older historic districts. It has 400- "If I had a real situation I could the rapport he's building with the changing negative views about plus homes,including many stately come to him,"Gonzales added. kids." police. Federal-style mansions. News staff photo/kirk R.Williamson Gonzales said she had already A four-year member of the Po- Gonzales said anytime she has Harrington Court, located off 5 Harrington Court In Salem put the brakes on her skipping lice Department, Long is also a run into police officers in the past Flint Street on the edge of the dis- class and "acting out." But if Marine Corps veteran and a they have been stiff and un- trict,has four smaller homes built McCarthy Forbes,concluded in her After seeing the report, Ward 2 tempted to return to her old ways, former counselor for the state De- helpful.Long is the opposite, she around the turn of the century.A 1997 report that Harrington Court Councilor Regina Flynn declined to Long would be a factor in her de- partment of Youth Services.Long said. consultant who studied the seces• should remain in the district be- bring the Harrington Court peti- cision,she said. also graduated from Beverly High "I've never seen him eat a sion question called it a street of cause the homes contribute to the tion to the bull council,which can Long said students come to him School in 1983. doughnut," jokes Gonzales's "modest,middle-class housing." area's "historical significance and make changes in the city s four his- about isabout a range of issues. He holds a bachelor's degree in friend Carlene Polynice, with a However, the consultant, Anne architectural character." toric districts. Some talk about their families, criminal justice and teaches a laugh. "I've never even seen him teachers and classes. Others have women's self-defense class. with coffee in his hand." Homeless: Beverly shelter needed % Continued from page Al the shelter seven days a week for with the people who have been rNi their cots for the night- the past three weeks. staying at the shelter regularly to �S As the occupants settle in,they "I am homeless because I had find more permanent housing by chat amicably with the two secu- problems with alcohol,"he said. "I that date. Fine Foods Since 1941 rity guards hired to oversee the. had a room over in Lynn,but they The city also appears hesitant to operation. won't take me back because I had take on the homeless situation ` { "The guards have really gone problems with drinking." over the long haul. O!(I7yme Butcher Shop I i TOCCTlCS above and beyond what they are Before the Beverly shelter "We are still looking at it,but - required to do,"DeFranza said. opened,Kevin had been bouncing we do intend to close(the shelter) Grade A Boneless & Skinless One day recent) the Bumble Bee - 6 oz. y guards from shelter shelter,from con• at the end a March,"Mayor fresh Chicken Breasts $10"r*- Solid White Tuna In Water 994 brought in four pizzas for the munity to community. William Scanlon said."I don't shelter guests. He said he accepts responsi- think that the McDonald's loca- conlimSOON• . . . . A television and VCR—along bility for his alcoholism,and he's tion is a candidate beyond this Kleenex - 450 ct. with a stack of movies including doing his best to stop.The Bev- winter." du Breton 100% Natural Pork from Canada "Home Alone," "Mrs.Doubtfire" erly shelter is"dry,"meaning The cityis looking at options nutains no antibiotics, no artificial ingredients, g p no added hormones and is minimallyWhite Facial Tissues and"Ace Ventura:Pet Detective" anyone who is drinking cannot for its waterfront properties that were loaned to the shelter. stay there. might include knocking down the processed to add to our line of Tropicana Pure Premium - /• Gal. However,the VCR has since van• I'm not drinking today,"he former fast-food restaurant. Bell& Evans poultry products ished,leaving shelter oiccupants to said recently. "But tomorrow's dtf• The mayor said he continues to and Meyers Angus Beef. Orange Juice &I 5 rely on the TV's fuzzy reception. ferent.I've got to stop drinking or examine the numbers in an effort A small farm in Wyoming producing "Jeopardy"is a favorite.Occa- I'm going to be dead." to determine how serious the Natural Angus that never uses hormones, Hood I% - /-. Gal, sionally,someone will even bring He's still working to try and get homeless problem is in Beverly. that means a does not retain eater, in a board game like Scrabble to housing,but there's a long list "The question is:If these people. it cooks faster and is very tender and tasty. Low fa t Milk $1 .29 add a little variety.For those who with many people ahead of him, weren't at the shelter,where prefer to read,there's also a stack and he's burned a lot of bridges. would they be?"he said."When TIGf dem DeIlLate,4sPit Hood - Pint (Reg. or Lite) y of old paperbacks. "It's awfully hard for me to get a we wrap this up for the season,we Sour Cream 994 No place to go place to live,"he said. will take a long hard look at it.We Now SEn live,: If it weren't for the shelter,Jack Kevin is extremely concerned may need to establish a group to 34 IMrenat Cold Cut Selsod an,Magid to Onaex would likely be sleeping on the about where he'll stay once the look at what we need to do for •T .r s"C'4sae%r.t Ginger Ale, Club Soda, Tonic ))later- 1 liter 7pn tawlwra�4a.hagwld�ade�s _1 ^ 2/$1/ t streets.Bundled in his blue jacket, shelter closes down as scheduled next winter." ,c varieties lir list�ph*Kwd nsim.solisno r., Canada Dry 2 � 1 the tall,thin man with a deep tan at the end of March. Those who have been staying at fhaider Cappec.aa and huprw tar ea hmeiae Plus Dep spoke recently about what the "Where the heck am I supposed the shelter night after night say shelter and other support services to go?"he asked. "I'm on the all the mayor really has to do is Boar's Head have meant to him. streets again.Other shelters are look at the attendance figures to "I would be out in an alley all filled up.I've got no place to realize the seriousness of the B-6-0 Chicken Breast $5.99 , somewhere under a couple of go." homeless problem. " blankets,"he said. "Some nights Next stop uncertain "I definite) think that the Before our products are gh P y Y hiu¢y Shredded Parmesan and Reggiano Fresh Grated read for our approval, that might not seem soi bad,but There are no easy answers to should have a Shelter perms- Perorino Romano and Parmigiana Reggiano Celataria Cheese y y PP other nights it's so cold you can't those questions,DeFranza ex- nently,"said Roger,who has been they have to have mine" even sleep." plained. sleeping at the shelter."Nobody Hearty C.Swagwa, He's started saving money since "A lot of people have been plans for disasters.But disasters staying at the shelter,with the asking,`What next?What next?';' do happen." FaTHI Frah e With a continued dedication goal of getting a place of his own. The community is going to have And though he knows many 7 to With service and cleanliness, A shipwright by trade,Jack has to decide if they are going to sup- people don't want to see a home- Harr You Turd Our Own Fresh Aroled.Salad Dressings, quality, been working various odd jobs port something like this." less shelter in Beverly,he said Kral star Cheese,Kaatred(iarhe Caesar, we're the perfect since returning to the area a One key question is if Home- one is needed. Fresh Kaupbrrry Nectar Daarigrefte, choice for your shopping needs. couple of months ago.He had ward Bound,a group of volun- "These are human beings," Balsome Vinaigrepe,Law Fad Greek,Vulaila omni and with my name on been living in Florida, and re- teers,is ready to take over the re- Roger said."If you were displaced and falapeno Sanch presented in every turned to Massachusetts with sponsibilities from Bootstraps. and needed my help,wouldn't you old-fashioned milk books m 3:7,99'each product that we make you have about$200 to his name. Right now,it seems unlikely the like to have someone to help Gorden Fresh my personal guarantee that "I'm bad at budgeting money," group will raise enough money to you?" } the he said."And I always find ways support that effort. Bill,another regular shelter oc- "Triple Washed" Spinach 994 1 o oz. y are the best available. of being broke." Beverly Bootstraps is not inter- cupant,offered similar senti- He made$30 one day last week ested in being involved in oper- ments. Loon FoR OuR NEw LINE OF SNACKS: AIS fiFIV FA ripping up floor tiles for a local ating a homeless shelter beyond "'Homeless'doesn't imply TRAIL Mix, CANDIES AND NUTS OUR HELPERS contractor. this winter,DeFranza said. 'worthless,"'he said."Some of the AT HENRY'S HAVE TRIED THEM. THEY THINK "I've also been doing some snow "We don't have the staffing to people who stay here work.They THGY'RF,GREAT. HOPE Yoa Dn, Tiro! We make 237 gallons of shoveling,fixing screem doors,dif- run a shelter,"he said. "I just just can't afford a place to live.I soup each week. ferent odd jobs,"he said. don't think in the future we'd be don't think anybody wants to be We 2b11 He showers whenever he can at interested in that" here,but what are you going to � flas.of the home of a friend he met while What that means is the city's do?" �Ot/le Sty(z B "CA fys^'rtecbme*Peread emb N f walking one day at Dame Street homeless will be back where they And for those who still don't What is more important to a child and durbig Clisirlishiseas orrk we Beach. started come spring. think a homeless shelter is some- (other than lots of presents)? tripled P1 1 S1-710 His, "Everybody's got people to sus "Beverly does have a homeless thing the city needs? A personalized birthday cake from Henry's. We sell an average of tain them,but even your best population that's growing and I'd tell them,why don't you try Talk with,leffrev Rollins,our 100 gallons of fresh squeezed orange juice friends can only let you hang out needs something long-tern,"Boot- locking your door so you can't go longtime Cake Decorator titr 24 years! each week and 400 gallons of Tropicana. so much,"Jack said."That's why straps Director Tom Gifford said. in and carrying everything you The best on the North Shore. a shelter is needed." "The key is going to be what hap- need for the next six weeks on We predarr ISAM bowronrde r+sslds Kevin,another frequent shelter pens when the temporary shelter your back,"Jack said."Try that h Flowers guest,is running out of people to closes on April 1." for a few weeks and see if you un- Fresfrrua arm un i depend on.He has been staying at For now,DeFranza is working derstand." We sell 1,540 gallons of milk each week Our Flowers arrive daily from (to go with those great cookies). The Boston Flower Exchange. pew Bre wrialler ooraft or gradate Crash: Victim's family sued MILES RIVER SAND The best quality and price around! 3AM��sdir�pis Continued from page Al scribe specifically what the & GRAVEL Potted 4" We sell over 2,400 bagels each week! ried by this new turn of events. younger Maguire did that was al- Primrose $3.99 to am balm" we base 5Issltrnc "It wasn't my son's fault," said le Now Quoting Ofl � up niW�drttraod� gedly negligent,only how his car g Spring Colors " Maguire. "I just don't understand crashed into Almeida's. owt it He didn't do anything wrong." Eldon Goodhue, the Topsfield Septic Systems �1 His son was taking a left onto lawyer handling the suit,declined Western Avenue from Stanwood comment on the case. Water Services Street when his car was struck. But Terrence Maguire is r�Sealer Services Monday - SNOH URS: a According to police and prosecu- stunned. �day 7:00 el m. - 6:00 pAt tors,the impact from Rodriguez's "I thought he(Almeida) was a car sent Maguire's car spinning pretty nice guy,"said Maguire. "1 978 - 356 - 2290 Thurs. til 7:00 • Sunday 11 a.m. - 4 p.m. into Almeida's. don't know if he's looking for 978 - 283 - 4166 ATM 588 Cabot Street • North Bever) • 922-3885 The suit, filed Thursday in money,if this is our society today. ! Salem Superior Court,does not de- It's pretty sad." e The Evening News, Salem,Mass.,Monday, February 21. 2000 Ail Ipswich IPSWICH NEWS IN BRIEF Program in Whipple annex Library Friends to Rabies clinic Monday, March 27, through • • host speakers IPSWICH A rabies clinic for Friday, March 31. For Winthrop is no longer an alternative cats and dogs will be held on Sat- students, the dates are Monday, IPSWICH — On. Wednesday, urday, Feb. 26 from 1 to 3 p.m. at April 3, through Friday, April 7. March 8 the Friends)of the Ipswich Highway Garage on County Road. A kindergarten information Public Library will host a talk by Cats must be in a carrying case evening for all incoming kinder- By JESON INGRAHAM not secured a lease agreement space available for the program in Webster and Katie. Bull of Com- and dogs on a leash. Pet owners garten families will be held in the News correspondent with a collaborative and cannot the new school The district might monwealth Editions:.The talk will are required to bring a current ra- Doyon School library on Monday, support the program by itself. also consider purchasing another take place at 8 pm. in the Collins bies certificate,not a tag,for their March 20,at 7 p.m. IPSWICH — Facing soaring North Shore Collaborative had building in the area. Room at the library.The event is pet to receive the three year shot. For more information and to costs to renovate the Whipple been interested in the annex "I don't want to send our kids 50 part of a series of lectures spon- The cost will be$10 for dogs and register a student, call Doyon Middle School annex building,the building, but recently bought a miles north,20 miles south,"said sored by the Friends of the Ipswich cats. All cats must be vaccinated School at (978) 356-5506 or school district is scrapping a plan storefront in Salisbury. Korb. Public Library. The public is in- and there is a$50 fine for all that Winthrop School at(978)356-2976. to use it for alternative education. The annex is now being used by There is now a classroom at the vited and admission is free. do not comply. Superintendent Richard Korb the middle school,but will be va- high school dedicated to alterna- The deadline to get a license for MDA program for St. said it could cost$500,000 to$1 mil- cated when the new high school- tive education, where a teacher Vacation programs a dog is Friday, March 31. Dr. Patrick's Day lion to renovate the building due middle school opens in April. and assistant are working with six atlibrary Helen Noble from SRH Veterinary to accessibility codes.The district Korb told the School Committee to eight students.Korb,however, y Services on High Street and An- IPSWICH—Ipswich firefighters originally estimated the project last week the annex is no longer said the program needs to be ex- imal Control officers Harry Leno are participating in Muscular Dys- would cost$50,000 to$100,000. an option for alternative program- panded. IPSWICH—The Harry Potter and Ellen White will be conducting trophy's program, "Shamrocks Under federal law,the district ming.The district,however,is still "We have some kids that are game will be played at the Ipswich the clinic.The snow date for this Against Dystrophy" through would have to bring the building moving ahead with plans to de- falling through the cracks," he Public Library on Tuesday,Feb.22 event is Sunday,Feb.27 from 1 to 3 Friday,March 17.The firefighters into compliance with accessibility velop an alternative education pro- said. • from 10 a.m. to 2 p..m. in the chil- p.m. will recruit new establishments regulations if it spent more than gram. The School Committee will de- dren's room. Members of the book throughout town in hope of raising $50,000 on renovations. A new Thi program is a definite cide at a future meeting what to do club who developer)the game will Kindergarten roundup additional funds for MDA. The boiler would cost at least that need," Korb said. "Our goal is to with the annex building. It could be on hand to encourage partici- program, which has existed for much,according to Korb. work with kids before we lose be handed over to the town as sur- pants as they test their knowledge IPSWICH —The Doyon and decades,continues to be a fan,fes- Korb also said the district has them."He suggests there could be plus. of the characters and events in the Winthrop schools are looking for tive way for restaurants, schools, fust three books of Ithe series. children eligible for entrance to pubs and others to get into the A "Bellophorl show will be kindergarten in September. A spirit of St.Patrick's Day and help held at 2 p.m. in the Collins child must be 5 years old on or MDA. meeting room for children ages 8 before August 31 to be enrolled. Funds will help support re- The following municipal meetings are planned in Wednesday,Feb.23 through adult. Leonard Solomon Parents who do not plan to send search,clinics,support groups and town this week: Conservation Commission, 7:30 p.m., courtroom, will host the everat that will in- their child to one of the two Ip- a special summer camp program. Town Hall. elude music and science. swich schools are requested to Free shamrock kits or additional Tuesday,Feb.22 Thursday,Feb.24 Both programs are sponsciAd by notify either school of their deci- information are available by School Committee, executive session, 5:30 p.m., Eight Towns and the Bay,7 p.m., courtroom,Town The Friends of the Ipswich Library. sion. calling the Fire Department at Payne School. Hall. Registration for the game and show A kindergarten roundup for (978)356-6630 or MDA at(978)777- canbe made bycalling(978)3566698. Doyon students will be held 0333. Manchester-by-the-Sea IPSWICH CALENDAR Tuesday, Feb. 22 date.A public information meeting will also Monday, March 20 Despite controversy, selectmen approve Bellophone Show with Leonard Solomon, be planned for the near future. Kindergarten Information evening 2 p.m,Collins Meeting Room,Ipswich Public for all incoming families,7 p.m.,Doyon renovating tennis courts into skate park Library.The show,for children ages 8 Saturday, March a School library.For more information and through adults,demonstrates workings of Book sale,sponsored by the Friends of to register a student,call Doyon School organ pipes and whistles and them embell- the Ipswich Library,10 am.to 3 p.m, at(978)356-5506 or Winthrop School By ELIZABETH CREHAN Southgate said: "The place where isn't the site," she said. "We're ishes it all with a juggling routine.(978) Collins Meeting Room at the library,25 at(978)356-2976. Essex County Newspapers we need a tennis court really is at talking about a considerable in- 356-6648• North Main St.Wide assortment of hard the school." vestment" Karry Potter game, 10 am to 2 pm, and paper back books,including children's Saturday, March 25 MANCHESTER-BY-THE-SEA— Schuyler Glidden,who was rep- She said the park would be a gift Children's Room Ipswich Public Library. books,cookbooks and biographies,as A local our of the go-ahead resenting the tennis players, said to the to Participants test knowledge of characters well as assorted fiction and nonfiction Cat's Meow Village signing with group g g g p y town,so the Selectmen could P g founder and owner,Faline Jones,11 a.m. from selectmen last night to build the group was not trying to under- veto it at their discretion if it didn't and events in first three books.Register by books. a skate park where there are now mine the skate park group's efforts work out. calling(978)356-6648. to 1 p.m.,Great House Castle Hill. tennis courts on Sumer Street. and would respect the selectmen's "I think that's probably right; Wednesday, March 8 Jones joined by Massachusetts artist Summer new Ca The proposed area was highly suggestion to put the money to- and if that's so, then I could live Saturday, Feb. 216 Talk by Webster and Katie gull of Don whose artwork is the basis contested by people who live near ward a new tennis court at the without the year,"Said Southgate. Rabies clinic,1 to 3 rpm,Highway Commonwealth Editions,sponsored by fora nnew Cat's Meow series"windows the courts, and the matter went school. He also said that he was com- Garage,County Road.Cats must be in car- the Friends of the Ipswich Public Library, on the Seasons,"available to the public through rounds of research and Filias made a motion to have a forted that the safety plans for the rying cases and dogs on leashes.owners 8 pm.Collins Room at the library.Free for the first time at this event. discussion before settling back skate park on Summer Street for a park at the Summer Street loca- must bring a current rabies certificate,not and open to the public. where it started. year's trial. tion were submitted by the skate a tag,for a pet to receiwe three-year shot. "I don't think ft's going to hurt However, Regina Villa, a resi- park committee, which included $10, Thursday, March 9 CLASSIFIED anybody or the town if we put it dent who helped lead the fund- safety officer MacDougall. senior citizen trip to Portland down on the tennis courts," said raising, said that the group needs The only selectman who opposed Tuesday, Feb. 29 Flower Show, 9 a.m.to 4 p.m.Tickets Marketplace Selectman Charles Filias. about$40,000 and doesn't want to granting permission for the gkatepark coalition meeting,7 pm., available at Senior Center;$10 each for A group had asked selectmen if invest it into the park if the town Summer Street site was Chairman _ et the middle school.Site decisions, admission fee arra bus donation. It could renovate the tennis courts might say it can no longer be there John Gilmore, who said the — town design plans,fund-raising projects,pub ici- Restricted to Ipswich seniors until into a skate park several months after a year. should look further into the To advertise:(978) 922-2121 ago,promising to raise the money "I think it's either the site, or it Pleasant Street site. ty and project management efforts to March 2. for the project. The park was mainly intended to provide a place for Manchester young people to gather and have something todo,he Cabot T instead of hanging around att the train station,for instance. s I Tennis court neighbors, how- Workingever, putts gt era) concerns near) 20years about puffin the park there. Ir,rr-stn °lit _lclriscrsVNoise, light and property valuesJ were some of their worries,as well RETIREMENT & thethe safety of the children using -� at thebank has made the skate park on a busy street. SOCIAL SECURITY The selectmen formed a skate park committee comprising propo- • nent Logue, neighsy bor; Davidnent BENEFITS Joanne a littleprotective, Logue,a neighbor;and David Mac- Dougall, a Manchester safety yo- lice officer. After further research, the com- In order to receive Social Security benefits,you must register at the local mittee still recommended the Social Security office three months prior to turning age 65. If you choose to tennis courts as the best site, retire before age 65,you may elect reduced Social Security benefits.People FChecking with Free Overdraft Protection. though Logue had an opposing who retire at the earliest allowable age,62,will see a reduction of about 20% Free ecn. g vote. The committee submitted a Those who decide to delay retirement beyond age 65 will see their potential plan that included safety measures Social Security benefit increase for each year they delay retirement. The and landscaping for the benefit of increase is 4.5%annually for those born in 1929 or 1930,5%for those bon !;! the neighbors, as well as an alter- in 1931 or 1932,5.5%for those born in 1933 or 1934,6%for those bom in native park site on Public Works 1935 or 1936,and 6.5%for those born in 1937 or 1938. Free Automatic Transfers from Department land on Pleasant Ste' HOW Cabot can help. Savings. No Minimum Balance. Throwing a wrench in the works Interest Bearing. was a group of tennis players who agreed to pledge$35,000 to improve Does your career command most of your time and energy?Do you find the courts, yourself confused by conflicting financial advice and recommendations? ,; Joanne Marks has been watching over However, Filias said that it was Whether you want to retire in your 60's or earlier,strategic planning is critical. the skate park group, which in- CABOT MONEY MANAGEMENT, INC.,can design an aggressive, our customers'checking accounts for two volves many town youths, that conservative,or income-oriented account for you.We manage stock,mutual decades now.That's why she makes sure worked hard toward getting per- fund,and bond investments for individuals and corporations.Call us at(978) her customers have built-in protection. mission to have the park on 745-9233 to learn more about our services or to aminge a consultation.The Summer Street, office is conveniently located at 216 Essex St.in downtown Salem. This is a free service that covers your over- He said that using the Pleasant _ drafts by transferring money directly from Street site would take more time, HNT: You may receive any amount of income from sources other than Your savings. Unlike some banks that charge while a skate park could be in work(i.e., investments)without affecting the amount of Social Security up to$5.(10 per transfer,we'll never charge you place sooner at the tennis courts. retirement benefits -y for transferring your own money!You'll have con- If we look for alternative sites, Joanne Marks. L it puts us all back on the drawing NOW Department - ventent, free checking with a built-in safety net. board," said proponent Susan _________ NowreMaange Manage, Stop by today to open your new account. Durkin. �`` error t Vas'menlr You'll be impressed with the way we Supporters said they just wanted Free Investor's Booklet s"ce'slunv the selectmen to make a decision .'c protect youcinterests. so they could move forward. For investors who don't have the time "Whatever site it is,I just don't (or inclination) to stay on top of their own r �• e want it to be delayed any longer portfolios,this booklet gives you the advice you ^, than it has been,"said Brown. need. it's yours FREE without obligation.Just Selectman Richard "Archie" return this coupon to the address listed below or i call us toll-free 1-800-888.6468. : Name Science performance �E address At• l>' _ Cape Ann=x Savings Bank MANCHESTER — The Man- city Stare—ZIP_ chester Public Library will host an � ffal 1 A, interactive theatrical performance Telephone( ) n Gloucester: by professional educator and enter- tainer Sarah Salerno-Thomas on What is the our otic? 109 Main Street(978)283-0246 Saturday,March 11,at 1030 a.m. aPP roximate size ofy � `J'r� Manchester. The program,called"Zap!"will ❑less than$40,000 ❑$40,0(10 to$100,000 ❑ More than$1IN0,0011 �. i ✓ s _ Beach Street(978) 52G-7122 cover electricity, science, super- How satisfied are you with your current investment relationship? A charge will be imcurred for each order of checks. N —- heroes,the wonder of animals and ❑Very satisfied ❑Somewhat satisfied ❑Not satisfied This program is for personal accounts only. sum Member FDIGDIF Q more.Children will participate,learn Equal Housing lsnder and be entertained The program is ❑No current advisor sponsored by the library and Massa- 216 Ev Svea"PO Box 150-Salem.AIA 01970•8008886468 chusetts Cultural Council. 1