PRESERVATION RESTRICTION - THE BRIDGE AT 211 - 211 BRIDGE STREET PRESERVATION RESTRICTION AGREEMENT
between
211 BRIDGE STREET CORPORATION II i II IIii �I{{� ff i iI
DB/A THE BRIDGE AT 211
and the SG.ESSEX #32 Bk:37503 Pg:257
05; ;:201 O6 3� R'STR "3 1?28
/CIS OF SALEM,MASSACHUSETTS
BY AND THROUGH THE SALEM HISTORICAL COMMISSION
THIS PRESERVATION RESTRICTION AGREEMENT is made this 215t day of March,2019 by and
between 211 BRIDGE STREET CORPORATION,DB/A THE BRIDGE AT 211, located at 211 Bridge
Street, Salem,Massachusetts("Grantor")and the CITY OF SALEM("Grantee"),a municipality duly
organized under the laws of the Commonwealth of Massachusetts and located in Essex County,
Massachusetts,to be administered,managed and enforced by it agent,the SALEM HISTORICAL
COMMISSION,located at 98 Washington Street, Salem,Massachusetts,01970("Commission"),
WHEREAS,the Grantor is the owner of certain real property(hereinafter referred to as"the Property")
with improvements thereon known as both the The Bridge at 211 and the former First Universalist
Church(hereinafter referred to as"the Building"),located at 211 Bridge Street, Salem,Massachusetts,
more particularly described in a deed dated July 17,2015 from The First Universalist Society of Salem,
f/k/a New Universalist Society in Salem to the 211 Bridge Street Corporation and recorded in Essex
South Registry of Deeds in Book 35535,Page 304.A copy of the description of the Property is attached
hereto and incorporated herein by this reference as Exhibit A.
WHEREAS,the Building is described as follows, and also depicted in a set of fifteen(15)photographic
images taken in December,2018,referenced by number in the following text,with copies of said images
attached hereto and incorporated herein by reference as Exhibit C:
The First Universalist Church is one of two Federal period churches remaining in Salem.
According to architectural historian Bryant F.Tolles, it is one of the"most outstanding Federal-
era ecclesiastical structures surviving in Essex County". When it was originally constructed in
1808-09,the church was built on a steep slope on the bank of the North River,which once flowed
directly behind the church.
The church building has been remodeled several times over its history.In 1826 and 1839,the
basement was enlarged and finished.In 1842,the gallery was remodeled and in 1855,the old
square pews were replaced.In 1877-78, Salem architect William Devereaux Dennis(1847-1913)
oversaw the remodeling of the interior sanctuary and the"Victorianization"of the building's
exterior with a new patterned pyramidal tower roof,triple-arched tower windows,trapezoidal
window and door lintels,and expanded pavilion wings.In 1889,Dennis designed a new brick
chapel that was constructed at the southeast corner of the main church building.In 1924,the
Boston office of architect R. Clipston Sturgis restored the building to its Federal era style.This
project included sandblasting the exterior brick,removal of the Victorian details including the
tower cap,installation of Federal style windows and doors,and remodeling of the interior.
The two-story church was built on a typical Federal meetinghouse plan.The building is
constructed of red brick laid in a Flemish bond pattern with a granite foundation and slate
shingled gable roofs.Today,the Church is located in a densely settled much-altered block on the
northern edge of downtown Salem. The church building is sited at the northwest corner of its lot
with its primary fagade facing south onto a brick pedestrian plaza.The rear elevation(north)
abuts Bridge Street,while the west elevation sits directly on the sidewalk of what was once Rust
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Street.Windows are true-divided single-glazed wood sash in configurations of 8/12, 8/16 and
12/12.
Facade/South elevation
The Church building's projecting five-bay fagade supports a square tower at its center,which
intersects the ridge of the gabled roof behind.A brownstone sill course marks the second story of
the fagade and a molded brick course encircles the tower,but neither appear on the main mass of
the building,which is plain except for ornamentation at the cornice.The sill course on the second
story runs directly beneath second story windows(Photo 1). At the building's base,broad granite
steps lead to three doorways symmetrically placed on the fagade.The center entry is recessed in a
round arch with molded brick and keystone;the secondary side entries,also recessed,are
segmentally arched.The ends bays are marked with rectangular windows with 12/12 sash.The
main entrance door has a semicircular fanlight.The side entrance doors are topped with single lite
transom windows.The second story features a Palladian window set in blind arch with keystone,
which is centered in the tower above the entry.Rectangular windows are symmetrically spaced in
the outside bays and feature arched openings with molded brick and 12/12 sash.Above is a
denticulated cornice that follows the gabled roofline(Photos 2).The upper story of the tower
features a centered rectangular panel with an in;,ised date of"1808"on the fagade(Photo 3).
Large arched openings with keystones are centered on each elevation of the tower with louvers
filling each opej;ing.The tower is capped by a denticulated cornice(Photo 4).A brick chimney is
set off-center in the tower.
West elevation
The west elevation is six bays deep with symmetrically spaced windows aligned on the first and
second stories(Photo 5).Basement windows are positioned slightly off center from windows
above and may be later additions as window sills are located at or slightly above grade level.
Moving south to north,a shallow granite foundation extends across the first bay and terminates at
the southern edge of the basement window in the second bay.The basement window in the first
bay interrupts the foundation and its bottom trim is partially covered by the concrete sidewalk.
Basement windows feature 12-lite fixed sash.First story windows feature painted sills with no
lintels. Sash are 8/12. Second story windows have splayed brownstone lintels and painted sills
that appear to be brownstone.Window sash on this story are 8/16.Cornice has molded brick with
dentil trim.A copper gutter extends the full elevation and is serviced by four copper downspouts
—one at each comer with others flanking middle three bays.
North elevation
Bricks on the north elevation wall are laid in an American bond pattern with seven courses of
stretchers between each course of headers.This elevation is the most altered,with evidence of
infilled windows still apparent through changes in brick and mortar coloration.This elevation
presents no discernable bay configuration and follows the slope of Bridge Street which descends
west to east.The basement story features a simple entry with paneled doors located at grade.The
entry is accessed by a short path protected by a low concrete retaining topped by a horizontal pipe
railing.East of the entrance is a 4/12 window,while a double window with 4/4 sashes is located
to the west(Photo 6).The first story of this elevation has a single window located near the west
corner of the elevation.This window is 8/12 with painted wood sill. On the second story,one
window is located near west corner positioned above first story window.This window has a
splayed brownstone lintel and painted sill. Sash is 8/16.A similar window is located on this story
near the east corner of the elevation. Slightly off-center is an infilled large arched opening with a
row of brick soldier course above arch.The brick infill is slightly inset from the wall plane.
East elevation
Bricks on this elevation are also laid in an American bond pattern with seven courses of stretchers
between each course of headers.On the first story is a recessed entry with a metal staircase that
accesses the adjacent paved parking area.This entry may be a later addition as shadows in the
brick on either side indicate that there may have been a series of window openings on this story.
On the basement level,changes in bricks patterns provide clear visual evidence of original
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window openings below the entry and at the northeast corner of the elevation.The second story
of this elevation features four symmetrically spaced windows with 8/16 sash. These windows
have brick sills and no lintels.A brick denticulated cornice and copper gutter complete the
elevation. Two copper downspouts are located at the northeast comer and at the northern edge of
the third bay(Photo 7).
Chapel Addition(1889)
The Chapel addition is a hipped-roof red-brick structure with a square footprint that is connected
to the southwest corner of the main church building by a flat-roofed one-bay deep,two-story ell.
Brick on the Chapel are laid in a variation of the Common bond with seven courses of stretchers
between a course of alternating headers and stretchers.The Panel Brick style of the Chapel
together with its late 19'century red brick and tinted mortar visually differentiates the addition
from the main church building.The Chapel's location at the corner also limits its visual impacts
on the fagade of the main church(Photo 1).The Chapel features a granite foundation and slate
shingled roof.Fenestration on the Chapel features elongated windows on the second story with
2/2 sash and semi-circular stained glass transoms. The Chapel's two-story ell,which features the
main entrance,sits at a right angle to the main building creating an L-shape.The Church's granite
entry stairs extend to the Al where they tum at a right angle and are finished with a dressed
granite block.The Church's granite watertable continues around the ell and the second story
brownstone string course continues onto the fagade of the ell. (Photo 8)The denticulated com;ce
of the main church is also replicated on the ell.A granite cornerstone is inscribed with the
Chapel's"1889"construction date(Photo 9).
Facade/west
The ell's two-bay fagade is oriented west.The first story features a large entry with double
paneled doors capped by an arched brick molding above a single-lite semi-circular transom.An
arched window with 2/2 sash is capped by a round arched brick molding with a brick sill.
Segmental arched windows on the second story features 2/2 sash and are capped by segmental
arched brick hood molding(Photo 8).The southern elevation of this section features a 2/2
rectangular window flush with the watertable and a two-story segmental arched stained glass
window that bisects the first and second stories(Photo 10).Both windows are capped by brick
hood moldings.The main Chapel rises an additional half story above the ell. The Chapel's west
wall,which is visible above the ell,is clad in slate shingles with a modified simple cornice(Photo
10).
South elevation
The three-bay south elevation,which is partially obscured by the house at 1 Ash Street,features a
deep Panel Brick corbelled cornice.Fenestration on this elevation features a pair of rectangular
4/4 windows on the first story and symmetrically-spaced single 2/2 windows with semi-circular
transoms on the second story. Brick hood moldings and rusticated brownstone sills complete the
windows. Three granite steps are located next to the foundation on this elevation(Photo 11).
East elevation
The Chapel's east elevation is four bays wide with a single entry located at the southeast corner
of the wall(Photo 12).The entry features paired paneled doors set below a segmental arched
transom.First story windows include single 2/2 rectangular windows on the outside bays and
paired 2/2 windows in the two center bays.Windows are capped by flat brick hood moldings with
rusticated brownstone sills. Second story windows replicate the first story pattern of single and
paired windows but feature half-round transoms above. Half-round brick hood moldings and
rusticated brownstone trim complete the windows.A second-story decorative brick string course
sits directly below second story windows(Photo 13).
North elevation
The four-bay north elevation features segmental arched basement openings with 6-light
rectangular windows. (Photo 14)An additional opening for an access door to the basement is
located at the northeast corner.First story fenestration includes single windows in three bays with
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paired windows in the fourth(NW)bay.Basement windows in the fourth bay replicates this
pattern. Second story windows are single in each bay and continue the pattern of elongated 2/2
rectangular sash with semi-circular stained glass transoms.Brick hood molding and rusticated
brownstone trim complete each window.A simple brick chimney(which may be a later addition)
rises slightly off-center on this elevation. The north elevation of the two-story ell features single
openings on each story. The upper portion of the first story opening has been partially infilled
with plywood with a smaller 2/2 window filling the remainder.The second story opening features
a segmental-arched opening with rectangular 2/2 sash.
WHEREAS,due to its historical and architectural significance,the Building and the Property were
accepted for inclusion in the National and State Registers of Historic Places on October 18, 1983.
WHEREAS,Grantor and Grantee recognize the architectural,historic,and cultural values(hereinafter
"preservation values")and significance of the Building and have the common purpose of preserving the
aforesaid preservation values and significance of the exterior of the Building and the Property; and
WHEREAS,the preservation values of the Building is documented in a series of photographs and
documents(hereinafter,Baseline Documentation")incorporated herein and attached hereto as by
reference as.Exhibit A,B and C,which Baseline Documentation the parties agree provides an accurate
representation of the Building as of the date of this grant;and
WHEREAS,the Baseline Documentation(Exhibits A,B and C)shall consist of the following:
Exhibit A.Legal Property Description
Exhibit B.Assessors' Parcel Map
Exhibit C. Fifteen(15)Baseline Photographs Dated December 2018; and
WHEREAS,the Building is in need of preservation and restoration;and
WHEREAS,upon the recommendation of the Community Preservation Committee and approved as
Project by the City Council,the sum of Sixty-Seven Thousand, Six Hundred and Forty-Seven Dollars and
Ninety-Seven Cents($67,647.97)from the Community Preservation Fund("Funds")was appropriated for
the purpose of funding a grant for the restoration of the windows of the Building;and
WHEREAS,the Grantor and the Grantee have reached an Agreement whereby the Grantee shall provide
the Funds so appropriated to the Grantor to be expended for the preservation and renovation of the
aforementioned Building,under the terms and conditions set forth herein and in such other documents as
the parties may execute,and the Grantor agrees to accept such Funds to be used exclusively for such
purposes and under such terms and conditions("Restriction"or"Preservation Restriction");
WHEREAS,the Grantor in further consideration of the receipt of such Funds and to ensure the
preservation of the aforementioned Building agrees and desires,to impose certain restrictions,obligations
and duties upon itself,its successors and assigns, so as to maintain,protect and preserve the architectural
and historical integrity of the Building;
WHEREAS,the preservation of the Building is important to the public for the enjoyment and
appreciation of its architectural and historical heritage and serves the public interest in a manner
consistent with the purposes of Massachusetts General Laws,Chapter 184, Sections 31, 32 and 33
("Act");and
WHEREAS,the Commission is authorized to accept preservation restrictions in the name of the City of
Salem and the Commission is a governmental body duly organized under the laws of the Commonwealth
of Massachusetts,including the General Laws,Chapter 40C,authorized and directed by the Grantee to
manage the Property and Buildings burdened by such restrictions,consistent with the provisions of the
Act and to administer and enforce this preservation restriction;
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NOW THEREFORE,for good and valuable consideration,the receipt of which is hereby acknowledged,
the Grantor does hereby irrevocably grant and convey to the Grantee in gross in perpetuity this Restriction
over the Property and exterior of the Building to be administered,managed and enforced by the
Commission.
1.PgMose: It is the Purpose of this Restriction to assure that,the architectural,historic,and cultural
features of the exterior of the Building will be retained and maintained forever substantially in its current
condition or in a restored condition approved by the Commission for preservation purposes and to prevent
any use or change of the Property or the exterior of the Building that will significantly impair or interfere
with the Building's preservation values or alter views of the exterior of the Building.
2.Preservation Restriction:The Grantor grants the Grantee the right to forbid or limit:
a. any alteration to the appearance,materials,workmanship,condition or structural stability of the
Building unless(i)clearly of a minor nature and not affecting the characteristics which contribute
to the architectural or historical integrity of the Building and the Property, or(ii)the Grantee has
previously determined that it will not impair such characteristics after reviewing plans and
specifications submitted by Grantor in accordance with the requirements of paragraph 7,which
determination shall not be unreasonably withheld,or(iii)required by casualty or other emergency
promptly reported to Grantee in accordance with tb; .requirements of paragraph 9.For the
purposes of this Agreement,interpretation of what constitutes alterations of a minor nature and
ordinary maintenance and repair is governed by the Restriction Guidelines,which are attached
hereto as Exhibit D and hereby incorporated by reference.
b. any other act or use that may be harmful to the historic preservation of the Building or the
Property.
3. Restriction as to Expenditure of Funds: Subject to Paragraph 2 and the terms and conditions of this
Restriction and such other terms and conditions as the Commission may reasonably impose to accomplish
the purposes of this Restriction,the Grantor shall expend such Community Preservation Funds to
rehabilitate and restore the Building.
4.1. Grantor's Covenants: Covenant to Maintain. Subject to Paragraph 2 and the terms and conditions of
this Restriction and such other terms and conditions as the Commission may reasonably impose to
accomplish the purposes of this Restriction,the Grantor covenants and agrees at all times to maintain the
Building in the same structural condition and state of repair to that existing following the substantial
completion of restoration work to be completed as a result of the expenditure of Community Preservation
Funds. Grantor's obligation to maintain shall require replacement,repair,and reconstruction by Grantor
whenever necessary to preserve the exterior of the Building. Subject to the casualty provisions of
paragraphs 9 and 10,this obligation to maintain shall require replacement,rebuilding,repair,and
reconstruction of the Building whenever necessary in accordance with the policies and procedures of the
Commission and in accordance with The Secretary of the Interior's Standards for the Treatment of
Historic Properties with Guidelines for Preserving,Rehabilitating,Restoring,and Reconstructing Historic
Buildings(36 CFR 67 and 68),as these may be amended from time to time(hereinafter the"Secretary's
Standards").
4.2.Grantor's Covenants: Prohibited Activities.The following acts or uses are expressly forbidden except
as otherwise conditioned in this paragraph:
a. the Building shall not be demolished,removed,or razed except as provided in Paragraphs 9
and 10;
b. the dumping of ashes,trash,rubbish, or any other unsightly or offensive materials is
prohibited on the Property near the Building;
C. no above-ground utility transmission lines,except those reasonably necessary for the existing
Building,may be created on the Property, subject to utility easements already recorded;
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d. no additions and/or outbuildings may be attached to the Building without prior approval of
the Grantor;and
e. moving the Building to another location shall be forbidden without prior approval of the
Commission.
5.Conditional Rialits Requiring Grantee Approval: Subject to Paragraph 4 and the terms and conditions
of this Restriction and such other terms and conditions as the Commission may reasonably impose to
accomplish the purposes of this Restriction,the Grantor shall not alter the Building without prior express
written approval of the Commission.Without said approval Grantor shall not make any changes to the
Building,including the alteration,partial removal,construction,remodeling,or other physical or
structural change,including permanent signs,and any change in material or color or any change to the
footprint, size,mass, ridge-line,and rooflines of the Building.Grantor shall similarly not make any
alterations to the surrounding Property that would obscure the current view of the Building,such as the
installation of permanent signage or trees or very large shrubs without approval of the Commission.
Activities by Grantor to maintain the Building and the Property which are intended to be performed in
accordance with the provisions of paragraph 4.1,and which are of a minor nature,shall not require the
prior approval of the Commission.Fo:-the purposes of this section, interpretation of what constitutes
ordinary maintenance of a minor nature is governed by the Restriction Guidelines(Exhibit D),which are
attached to this Agreement and hereby incorporated by references
6. Grantor's Reserved Rights Not Requiring Further Approval by the Grantee: Subject to the provisions of
paragraphs 2 and 4.2,the following rights,uses,and activities of or by Grantor on,over,or under the
Property are permitted by this Restriction and by the Commission without further approval by the
Commission:
a. the right to engage in all those acts and uses that:
(i) are permitted by governmental statute or regulation;
(ii) do not substantially impair the preservation values of the Building and Property; and
(iii) are not inconsistent with the Purpose of this Restriction;
b. pursuant to the provisions of Paragraph 4.1,the right to maintain and repair the Building
strictly according to the Secretary's Standards.As used in this sub-paragraph,the right to
maintain and repair shall mean the use by the Grantor of in-kind materials and colors,applied
with workmanship comparable to that which was used in the construction or application of
those materials being repaired or maintained,for the purpose of retaining in good condition
the appearance and construction of the exterior of the Building.The right to maintain and
repair as used in this sub-paragraph shall not include the right to make changes in appearance,
materials,workmanship from that existing prior to the maintenance and repair without the
prior approval of the Commission in accordance with the provisions of Paragraph 5;
7. Review of Grantor's Requests for Approval: Grantor shall submit to the Commission for the
Commission's approval of those conditional rights set out at Paragraphs 2 and 5 and two copies of
information(including plans, specifications,and designs where appropriate) identifying the proposed
activity with reasonable specificity. In connection therewith,Grantor shall also submit to the Commission
a timetable for the proposed activity sufficient to permit the Commission to monitor such activity.Within
sixty(60)days of the Commission's receipt of any plan or written request for approval hereunder,the
Commission shall certify in writing that(a)it approves the plan or request,or(b)it disapproves the plan
or request as submitted,in which case the Commission shall provide Grantor with written suggestions for
modification or a written explanation for the Commission's disapproval. Any failure by the Commission
to act within sixty(60)days of receipt of Grantor's submission or resubmission of plans or requests shall
be deemed to constitute approval by the Commission of the plan or request as submitted and to permit
Grantor to undertake the proposed activity in accordance with the plan or request submitted,so long as
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the request sets forth the provisions of this section relating to deemed approval after the passage of time
provided that nothing'herein shall be construed to permit Grantor from undertaking any of the activities
prohibited hereunder.
8. Standards for Review: In exercising any authority created by this Restriction to inspect the Building;to
review any construction,alteration,repair,or maintenance;or to review casualty damage or to reconstruct
or approve reconstruction of the Building following casualty damage,the Commission shall apply the
Secretary's Standards.
9.Casualty Damage or Destruction: In the event that Building or Property shall be damaged or destroyed
by fire,flood,windstorm,hurricane,earth movement or other casualty, Grantor shall notify the
Commission in writing within fourteen(14)days of the damage or destruction, such notification including
what, if any, emergency work has already been completed.No repairs or reconstruction of any type,other
than temporary emergency work to prevent further damage to the Building and Property and to protect
public safety,shall be undertaken by Grantor without the Commission's prior written approval of the
work. Within sixty(60)days of the date of damage or destruction,if required by the Commission,
Grantor at its expense shall submit to the Commission a written report prepared by a qualified restoration
architect and an engineer who are acceptable to the Grantor and the Commission,which report shall
include the following:
a. an assessment of the nature and extent of the damage;
a
b. a determination of the feasibility of the restoration of the Building and/or reconstruction
of damaged or destroyed portions of the Building; and
C. a report of such restoration/reconstruction work necessary to return the Building to the
condition existing at the date hereof or the condition subsequently approved by the
Commission.
10.Review After Casualty Damage or Destruction: If,after reviewing the report provided in Paragraph 9
and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims
under paragraph 11,Grantor and the Commission agree that the Purpose of the Restriction will be served
by such restoration/reconstruction,Grantor and the Commission shall establish a schedule under which
Grantor shall complete the restoration/reconstruction of the Building in accordance with plans and
specifications consented to by the parties up to at least the total of the casualty insurance proceeds
available to Grantor.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any
mortgagee's/lender's claims under paragraph 11,Grantor and the Commission agree that
restoration/reconstruction of the Building is impractical or impossible,or agree that the Purpose of the
Restriction would not be served by such restoration/reconstruction and Grantor may,with prior written
consent of the Commission,alter,demolish,remove or raze the Building,and/or construct new
improvements on the Property,Grantor and Grantee may agree to seek to extinguish this Restriction in
accordance with the laws of the Commonwealth of Massachusetts and paragraph 23 hereof.
If,after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any
mortgagee's/lender's claims under paragraph 11,Grantor and the Commission are unable to agree that the
Purpose of the Restriction will or will not be served by such restoration/reconstruction,the matter may be
referred by either party to binding arbitration and settled in accordance with the Commonwealth of
Massachusetts arbitration statute then in effect,and all other applicable laws,rules,regulations,and
ordinances.Arbiter shall have experience in historic preservation matters.
11. Insurance: Grantor shall keep the Building insured by an insurance company rated"A"or better by
Best's or equivalent rating agency for the full replacement value against loss from the perils commonly
insured under standard fire and extended coverage policies and comprehensive general liability insurance
against claims for personal injury,death and property damage.Property damage insurance shall include
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change in condition and building ordinance coverage,in form and amount sufficient to replace fully the
damaged Building wiihout cost or expense to Grantor or contribution or coinsurance from Grantor.
Grantor shall deliver to the Commission,within ten(10)business days of the Commission's written
request thereof,certificates of such insurance coverage.Provided,however,that whenever the Property is
encumbered with a mortgage or deed of trust nothing contained in this paragraph shall jeopardize the
prior claim,if any,of the mortgagee/lender to the insurance proceeds.
12.Indemnification: Grantor hereby agrees to pay,protect, indemnify,hold harmless and defend,at its
own cost and expense,Grantee,its boards,commissions,appointees,agents,directors,employees,or
independent contractors from and against any and all claims,liabilities,expenses,costs,damages,losses
and expenditures(including attorneys'fees and disbursements hereafter incurred)arising out of or in
connection with injury to or death of any person as a result of the existence of this Restriction;physical
damage to the Building; the presence or release in,on,or about the Property,at any time,of any
substance now or hereafter defined,listed,or otherwise classified pursuant to any law,ordinance or
regulation as a hazardous,toxic,polluting or contaminating substance; or other injury or other damage
occurring on or about the Building;unless such injury,death, or damage is caused by Grantee or its
boards,commissions,appointees,agents,directors,employees,or independent contractors.In the event
that Grantor is required to indemnify Grantee pursuant to the terms of this paragraph,the amount of such
indemnity,until discharged, shall constitute a lien on the Property with the same effect and priority as a
mechanic's lien.
13.Written Notice:Any notice which either Grantor or Grantee may desire or be required to give to the
other party shall be in writing;
Grantor: 211 Bridge Street Corporation
d/b/a The Bridge at 211
211 Bridge Street
Salem,MA 01970
Grantee: Salem Historical Commission
c/o City of Salem
Department of Planning&Community Development
98 Washington Street
Salem,MA 01970
Each party may change its address set forth herein by a notice to such effect to the other party.
14.Evidence of Compliance:Upon request by Grantor,Grantee shall promptly furnish Grantor with
certification that,to the best of Grantee's knowledge,Grantor is in compliance with the obligations of
Grantor contained herein,or that otherwise evidence the status of this Restriction to the extent of
Grantee's knowledge thereof.
15.Inspection:With the consent of Grantor,Grantee or its representatives shall be permitted at reasonable
times to inspect the Building and the Property on an annual basis. Grantor covenants not to withhold
unreasonably its consent in determining dates and times for such inspections.
16.Grantee's Remedies: The Grantor, for itself,its assigns and successors,expressly acknowledges that a
violation of this Preservation Restriction Agreement,including a failure to expend such Funds for their
intended purposes,may result in the Commission exercising its right to enforce the terms and conditions
of the Restriction by seeking appropriate legal and equitable relief,including,but not limited to,
restoration of the Building,repayment of the Funds,and such other legal and equitable remedies as may
be available to the Commission to effectuate the purposes of this Restriction and to enforce the Grantor's
obligations hereunder.
In the event Grantor is found to have violated any of its obligations,Grantor shall reimburse Grantee for
any costs or expenses incurred in connection with Grantee's enforcement of the terms of this Restriction,
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including all court costs,and attorneys',architectural,engineering,and expert-witness fees.Grantor shall,
at its own expense and with approval of Commission,reverse any actions or activities which violated this
restriction and altered the Building.
Nothing in this Restriction shall impose upon the Commission any duty to maintain or require that the
Building be maintained in any particular state or condition,notwithstanding the Commission's acceptance
hereof. Enforcement of the terms of this Preservation Restriction shall be at the discretion of the
Commission.Any election by the Commission as to the manner and timing of the exercising of its right to
enforce this Preservation Restriction or otherwise exercise its rights hereunder shall not be deemed or
construed to be a waiver of such rights.By its acceptance of this Preservation Restriction,the
Commission does not assume any liability or obligation relating to the condition of the Building or the
Property,including compliance with hazardous materials or other environmental laws and regulations.
17.Notice from Government Authorities: Grantor shall deliver to Grantee copies of any notice of
violation or lien relating to the Building or Property received by Grantor from any government authority
within five(5)days of receipt by Grantor.Upon request by Grantee,Grantor shall promptly furnish
Grantee with evidence of Grantor's compliance with such notice or lien where compliance is required by
law.
18.Notice of Proposed Sale: Grantor shall promptly notify Grantee in w:iting of any proposed sale of the
Property and provide the opportunity for Grantee to explain the terms of the Restriction to potential new
Grantors prior to sale closing.
19.Runs with the Land: Except as provided in Paragraphs 9 and 10,the restrictions,obligations and
duties set forth in this Restriction shall run with the Property and shall inure to the benefit of the
Commission and all parties claiming by,through or under the Commission and shall bind the Grantor and
all parties claiming by,through or under the Grantor.The rights hereby granted to the Commission
constitute the perpetual right of the Commission to enforce this Preservation Restriction Agreement.The
Grantor hereby covenants for itself to stand seized and hold title to the Property subject to the terms of
this Restriction.This Restriction shall extend to and be binding upon Grantor and Grantee,their
respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee,
and the words "Grantor","Grantee"when used herein shall include all such persons.Any right,title,or
interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee
and each such following successor and assign thereof,and the word"Grantee" shall include all such
successors and assigns.
Anything contained herein to the contrary notwithstanding,Grantor of the Property shall have no
obligation pursuant to this instrument where such Grantor shall cease to have any Grantorship interest in
the Property by reason of a bona fide transfer.The restrictions, stipulations and covenants contained in
this Restriction shall be inserted by Grantor,verbatim or by express reference,in any subsequent deed or
other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in
the Property or any part thereof, including by way of example and not limitation,a lease of all or a portion
of the Property.
20.Assi went: Grantee may convey,assign, or transfer this Restriction to a unit of federal,state,or local
government or to a similar local,state,or national charitable corporation or trust that qualifies under the
Act,and whose purposes,inter alia,are to promote preservation of historical,cultural,or architectural
resources,provided that any such conveyance,assignment or transfer requires that the Purpose for which
the Restriction was granted will continue to be carried out. Grantor shall give prior written approval of
such conveyance, assignment,or transfer by Grantee, such approval not to be unreasonably withheld.
21.Alternate Designee: Grantee may,at its discretion,remove and replace the Commission as its
designee to administer,manage,and enforce this Restriction,provided that any new designee is qualified
as such under the Act and other applicable law.
9
22.RecordinQ and Effective Date: Grantee shall do and perform at its own cost all acts necessary to the
prompt recording of this Restriction which shall become effective upon its being duly executed by the
Grantor,the City of Salem, and the Salem Historical Commission,its being approved by the
Massachusetts Historical Commission, and its being recorded with the Southern Essex District Registry
of Deeds.
23.Extinguishment: Grantor and Grantee hereby recognize that an unexpected change in the conditions
surrounding the Property may make impossible the continued Grantorship or use of the Property for the
Purpose of this Restriction and necessitate extinguishment of the Restriction. Such a change in conditions
may include,but is not limited to,partial or total destruction of the Building resulting from casualty. Such
an extinguishment must meet all the requirements of the Act for extinguishment,including approvals
following public hearings by the City of Salem and the Massachusetts Historical Commission to
determine that such extinguishment is in the public interest.In the event of a sale of the Property,net
proceeds of sale shall be paid to Grantor.
24.Condemnation:If all or any part of the Property is taken under the power of eminent domain by
public,corporate,or other authority,or otherwise acquired by such authority through a purchase in lieu of
a taking,Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover
the full value of those interests in the Property that are subject to the taking and all.incidental and direct
damages resulting from the taking.All expenses reasonably incurred by Grantor and Grantee in
connection with such taking shall be paid out of the recovered proceeds. Such recovered proceeds shall be
paid to Grantor.
25.Interpretation:The following provisions shall govern the effectiveness, interpretation,and duration of
the Restriction:
a. Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of
the Property shall not apply in the construction or interpretation of this Restriction and this
instrument shall be interpreted broadly to affect its Purpose and the transfer of rights and the
restrictions on use contained herein.
b. This instrument may be executed in two counterparts,one of which is to be retained by Grantor
and the other,after recording,to be retained by Grantee.In the event of any disparity between the
counterparts produced,the recorded counterpart shall in all cases govern.Except as provided in
the preceding sentence,each counterpart shall constitute the entire Restriction of the parties.
c. This instrument is made pursuant to the Act,but the invalidity of such Act or any part thereof
shall not affect the validity and enforceability of this Restriction according to its terms,it being
the intent of the parties to agree and to bind themselves,their successors and their assigns in
perpetuity to each term of this instrument whether this instrument be enforceable by reason of any
statute,common law or private Restriction either in existence now or at any time subsequent
hereto.
d. Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any
ordinance or regulation relating to building materials,construction methods or use.In the event of
any conflict between any such ordinance or regulation and the terms hereof Grantor promptly
shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable
governmental entity to accommodate the purposes of both this Restriction and such ordinance or
regulation.
If any court or other tribunal determines that any provision of this instrument is invalid or unenforceable,
such provision shall be deemed to have been incorporated herein automatically to conform to the
requirements for validity and enforceability as determined by such court or tribunal. In the event any
provision invalidated is of such a nature that it cannot be modified,the provision shall be deemed deleted
from this Preservation Restriction as though it had never been included herein.In either case,the
remaining provisions of this instrument shall remain in full force and effect.
10
26.Amendment:If circumstances arise under which an amendment to or modification of this Restriction
would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this
Restriction,provided that no amendment shall be made that will adversely affect the qualification of this
Restriction or the status of Grantee under any applicable law. Any such amendment shall be consistent
with the protection of the preservation values of the Property and the Purpose of this Restriction; shall not
affect its perpetual duration; shall not permit any private inurement to any person or entity; and shall not
adversely impact the overall architectural and historic values protected by this Restriction.Any such
amendment shall be effective when the requirements of the Act with respect to amendments have been
met and the amendment is recorded in the Southern Essex District Registry of Deeds.Nothing in this
paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding
any amendment.
27.Release:This Preservation Restriction is intended to be a restriction in gross in perpetuity and may
only be released,in whole or in part,by the Grantee pursuant to the procedures for release established by
the Act and otherwise by law,including approvals following public hearings by the City of Salem and the
Massachusetts Historical Commission to determine that such a release is in the public interest.
28.Archaeological Activities: The conduct of archaeological activities on the Property, including without
limitation survey,excavatimi,and artifact retrieval,may occur only following the submission pf an
archaeological field investigation plan prepared by the Grantor and approved in writing by the Grantee
and the State Archaeologist of the Massachusetts Historical Commission(M.G.L.C. 9, Sec.27C,950
C.M.R.70.00).
11
IN WITNESS WHEREOF,the Grantor sets its hand and seal this day of_/LA ,2019.
By:
GRANTOR:
211 Bridge Street Corporation
Lce- �:— dcc�
Mark Stevens Dale E. Yale
President Secretary
and Co-chair,Board of Directors and Co-chair, Board of(irec)rs
REC E V\.-. )
�Steph n Benevento
Treasurer MAR 2 6 2019
COMMONWEALTH OF MASSACHUSETTS DEFT. of PLANNItac
PCOMMUNITY DEVELOPb. T
Essex,ss.
On this 9,1 day of A4 4C44 ,2019, before me,the undersigned notary public, personally appeared Dale
E.Yale,proved to me through satisf c ev' n,which was(a current driver's license)(a
current U.S.passport) personal knowledge of the ldenti ncipal),to be the person whose name is
signed on the preceding or attar i n,an ac,nowledged to me that s/he signed it voluntarily for its
stated purp s
s� AN i HONY G. KECK
Nni::. Public
Notary Public Cor01:,. t �a: OF MASSACHUSETS
M Commission X ires: N:Y C to s!ss on Expires
y p October 29, 2021
Essex,ss.
On this 21 day of jNPrQCt( ,2019,before me,the undersigned notary public,personally appeared.Mark
Stevens,proved to me through satisfa of identification,which was(a current driver's license)(a
current U.S.passport)(t ersonal knowledge of the identity oT*elrincipal),to be the person whose name is
signed on the preceding or attache ocumen ,an a e that s/he signed it voluntarily for its
stated purposes.
Fo—tfy-October
ANY G. KECK
Nota Publ �'<r..ry Public
;J>.`,'EALTH OF MASSACHUSETS
My Commisst Expite commission Expires
29, 2021
Essex,ss.
On this V day of_MAAC N ,2019, before me,the undersigned notary public, personally appeared
Stephen Benevento,proved to me through.satisfactory evidence of identification,which was(a current driver's
license)(a current U.S.passpo ersona knowledge of the identity of the pri al),to be the person whose
name is signed on the preceding or attache ocu . d ed to meth atAie signed it voluntarily for
its stated purposes.
� ANT;: G. KECK
* Notary Public
Notary Publi �COPANO':,9EAI_TH OF MASSACHUSETS
My Commissi Expires: t.y Commission Expires
^.ctcaer 29, 2021
12
ACCEPTANCE BY THE SALEM HISTORICAL COMMISSION
". e
liorized
Chair, Salem Historical Commission
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this day of 1461 rA ,2019 before me,the undersigned notary public,personally appeared
Jessica B.Herbert, proved to me through satisfactory evidence of identification,whit urrent
driver's license)(a current U.S.passport) n ,personal knowled e of the identitv of the rind , o be
the person whose name is signed on the prece ing or attached document,and acknowledged to me that
s/he signed it voluntarily for its stated purposes as duly authorized Chair of the Salem Historical
Commission.
l
Notary Public
My Commission Expires:
THELMA NAOMI FRANCISCO
Notary Public
OOMAIONMIEALTN OF MANAClAIS M
W Commission Expires
June.18, 2021
13
ACCEPTANCE AND APPROVAL BY THE CITY OF SALEM
I,the undersigned City Clerk of the City of Salem,Massachusetts,hereby certify that at a meeting duly
held on April 25, " . ,2019,the City Council voted to approve and accept the foregoing
Preservation Restriction Agreement for the preservation of the historic resources of said City and being in
the public interest pursuant to Massachusetts General Laws Chapter 184,Section 32.
By its Clerk
ene Simons
City Clerk
The undersigned hereby certifies that the foregoing preservation restrictions have been approved and
accepted by the City of Salem
berley Driscoll
Mayor
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this i S� day of ,2019,before me,the undersigned nota
ry ary public,personally
appeared Ilene Simons,prov to me through satisfactory evidence_of identification,which was(a current
driver's license)(a current U.S.passport)(my personal knowledge of the identity o�f th�e principal),to be
the person whose name is signed on the preceding or attached document,and ackn�ea to me that
s/he signed it voluntarily for its stated purposes as Clerk of the ity of Salem.
Notary Public THELMA NAOMI.FRANCISCO
My Commission Expir Notary public.
COMµIONWEALTH OF MMSSACHUK7TS
COMMONWEALTH OF MASSACHUSETTS ju a 18, 202i�feS
Essex,ss.
On this I* day of 64 ,2019,before me,the undersigned notary public,personally
appeared,Kimberley DnSC ,proved to me through satisfactory evidence of identification,which was(a
current driver's license)(a current U.S.passport) my p I:!1`1,1:1nal knowledgiv o e i entity o e pruiclpa),
to be the person whose name is signed on the preceding or attached document,and acknowledged to me
that she signed it voluntarily for its stated purposes as Mayor f the City of Salem.
Notary Public
My Commission Expires: .. _
THELMA NAOMI FRANCISCO
Notary Public
COMMONMiFAM Of M ASSACHUK"S
M1fy Comtnissiory fvlG8s,
June.`18; 2021'.
1q ,.
APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
COMMONWEALTH OF MASSACHUSETTS
The undersigned Executive Director and Clerk of the Massachusetts Historical Commission hereby
certifies that foregoing preservation restriction has been approved pursuant to Massachusetts General
Law,chapter 184, section 32.
MASSACHUSETTS HISTORICAL COMMISSION
^�'y.a.. �vv►ny�
Brona Simon
Executive Director and Clerk
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this day of 2019,before me,the undersigned notary public,personally
appeared Brona Simon prove o me through satisfactory evidence of identification,which was(mot
ae)( )(my personal knowledge of the identity of the principal),to be
the person whose name is signed on the preceding or attached document,and acknowledged to me that
she signed it voluntarily for its stated purposes.
Notary Publi
My Commission Expires:
NANCY MAIVA
Notwy Public
COMNWEAl,N111 OF MIIi5A0ilU8ETT8
M
15
EXHIBIT A
Legal Property Description
The land with the buildings thereon, situated at 211 Bridge Street, Salem, Essex County,
Massachusetts, and being described as follows:
Beginning at the northwest comer of said land at Rust Street, now known as North
Walkway, and the southern side of Bridge Street running in an easterly direction along
Bridge Street One Hundred eighteen and 84/100 (118.84) feet, thence,
Running southerly in two courses along Ash Street Eighty-four and 24/100 (84.24) feet
and Sixty-five and 26/100 (65.26 feet,thence
Running westerly Sixty-two and 501100(62.50)feet to a point, thence
Running southerly Eight and 25/100(8.25)feet to a point,thence
Running westerly Sixty-five and 58/100 (65.58) feet to said Rust Street, now knows as
North Walkway, thence
Running northerly One Hundred Twenty-five and 53/100 (125.53) feet to the point of
beginning at Bridge Street.
Being approximately 16,252 feet,more or less.
Subject to and with the benefit of all easements of record insofar as now in force and
applicable to the within described premises.
For title reference see deeds recorded with the Essex South Registry of Deeds in Book 234,
Page 180, Book 277, Page 231, Book 1288, Page 161, Book 1742, Page 379, Book 4360,
Page 348, and Book 4425,Page 473.
Source: Southern Essex District Registry of Deeds in Book 35535, Page 304.
16
EXHIBIT B
Salem Assessors' Parcel Map 35-0194
i 1
3526
35 0L94
4Z / i 4 N
rr ,
' ..IRON"` �-
•V
35 0�4
o 7
%4 '
35i��1y
ti
35 3%W l
Federal St
Al
17
EXHIBIT C
Baseline Photographs
';v tip.�', `�}�,1�F�1•,R �+ �.P��j� � 16�� _ �� �• � "'��e,/w �t+� - :�+
Photo 1—Church fagade(south)with Chapel addition
18
v �I
5 -
• /1, �s `� j�, - �
- i
. . Fagade details
s, 77
C
Photo Date plaque
r
• • of west • of tower
20
111
n _
Photo • North Elevation
Photo on of Church and North elevation .
i
of Chapel ell(west)
ram.
1 • -�.• M IRS" 7
S.
^Ij Ar
WONx
AMIR
Ar-
+' ,►� r#'
855 f
Al
( y f
.
II M `t
NI-. a i
Photo 11-South elevation of Chapel and ell
24
I
J t
_ I. 1y tea
1 }
Photo 12—East elevation of Chapel
Photo 13—Detail of second story East elevation of Chapel
25
Photo 14—North elevation .
EXHIBIT D
RESTRICTION GUIDELINES
The purpose of the Restriction Guidelines is to clarify paragraph three of the terms of the preservation
restriction, which deals with alterations to the Property. Under this section permission from the SALEM
HISTORICAL COMMISSION(COMMISSION)is required for any major alteration.Alterations of a minor
nature,which are part of ordinary maintenance and repair,do not require COMMISSION review.
In an effort to explain what constitutes a minor alteration and what constitutes a major change,which must be
reviewed by the COMMISSION, the following list has been developed. By no means is this list
comprehensive: it is only a sampling of some of the more common alterations,which may be contemplated
by the property owner.
PAINT
Minor-Exterior hand scraping and repainting of non-decorative and non-significant surfaces as part
of periodic maintenance. F.
f' Major - Painting or fully stripping decorative surfaces or distinctive stylistic features including"
murals, stenciling,ornamental woodwork,stone,masonry,decorative or significant original stucco
or plaster.
WINDOWS AND DOORS
Minor - Regular maintenance including caulking, painting and necessary reglazing. Repair or
in-kind replacement of existing individual decayed window parts.
Major-Wholesale replacement of units;change in fenestration or materials;alteration of profile or
setback of windows. The addition of storm windows is also considered a major change; however,
with notification it is commonly acceptable.
EXTERIOR
Minor -Spot repair of existing cladding and roofing including in-kind replacement of clapboards,
shingles,slates,etc. ,
Major-Large-scale repair or replacement of cladding or roofing. Change involving inappropriate
removal or addition of materials or building elements(i.e.removal of chimneys or cornice detailing;
installation of architectural detail which does not have a historical basis); altering or demolishing
building additions; spot repointing of masonry. Structural stabilization of the property is also
considered a major alteration.
LANDSCAPE/OUTBUILDINGS
Minor - Routine maintenance of outbuildings and landscape including lawn mowing, pruning,
planting,painting,and repair.
Major - Moving or subdividing buildings or property; altering of property; altering or removing
significant landscape features such as gardens, vistas, walks, plantings, walls, fences; ground
disturbance affecting archaeological resources.
HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS
Minor-Repair of existing systems.
Major-Installing or upgrading systems which will result in major exterior appearance changes(i.e.
exterior ducts, piping, ventilators, HVAC units); the removal of substantial quantities of original
materials in the course of construction.
27
4
Changes classified as major alterations are not necessarily unacceptable. Under the preservation restriction
such changes must be reviewed by the COMMISSION and their impact on the historic integrity of the property
assessed.
It is the responsibility of the property owner to notify the COMMISSION in writing when any major
alterations are contemplated. Substantial alterations may necessitate review of plans and specifications.
The intent of the preservation restriction is to enable the COMMISSION to review proposed alterations and
assess their impact on the integrity of the building,not to preclude future change.COMMISSION will attempt
to work with property owner to develop mutually satisfactory solutions,which are in the best interests of the
Property.
S f JE
d
28