The URL can be used to link to this page

CROMBIE STREET NR DISTRICT F-- ------ r - , Crombie Street District — —j FORM A - AREA SURVEY Form number: this ar a Area no. ntkSSACHUSETTS HISTORICAL COMMISSION HP-29 to HP-36 B Office of the Recretarv. State House. Boston 1 y@ ®� tJ Salem ly' of area (if any) Crombie Street district i -" '` ral date or period early 19th century ea uniform (explain): fle compatible mix edition? generally rood ie of ownership? Private orirarily residential a prieral map of the area involved. Indicate any historic r��3�� ,•' ( � � ,J : � I ^ "-;•• r, using corres- - `"� _� =and indicate north. �—�,- -� , IJ J, •• Int I 11_? 490 I � �. 7- NP-34 I a I J 35 1 4 ij(( '1 DU NUI wniin '' USGS Quadrant Crump Organization Salem Redevelopment Authority MHC Photo no. Date November 1979 (over) UTM Reference: 19/344110/4709120 r>>. 7. Historical data. Explain the historical/architectural importance of this area. The Crombie Street District is composed of the eight remaining buildings of this downtown residential enclave. The district includes a cross-section of residential buildings from various periods of development, along with a church building originally built as a theater. The boundaries include the six buildings that face Crombie Street and the two buildings at the west end of Barton Square, adjacent to Crombie Street on the west. Crombie Street was laid out in 1805 by Benjamin Crombie, proprietor of a tavern called the Sign of the Ship, that stood on Essex Street east of his new street. Between 1805 and 1815, Crombie sold four house lots behind his tavern, as well as narrow strips of frontage on the street to three other landholders to the west. Only two of the houses standing today were built before Crombie sold the remaining property in 1819, but the district is shown intact on the 1851 map of the city. As the only surviving downtown residential group from the early 19th century, the houses on Crombie Street provide important information about the character of the ry city at that time. All the buildings directly abut the sidewalk, suggesting high density, but placement on the lots is irregular, creating a rural atmosphere. Wood is the dominant material, although the church (HP-34) and the Bowker House (HP-33) are brick, as .is the Prince House (HP-36) , which predates Crombie's activity. While architectural quality within the district is variable, three buildings clustered at its north end are all individually noteworthy. The Crombie Street Church (HP-34) , built as a theater in 1828, is the architectural highlight of the district. The �) monumental relieving arches of the facade define its composition and suggest the Federal style, but the panelled detailing of the broad piers separating these arches, along with. the pair of quadrant windows in the gable and wide corner pilasters, introduce a newer Greek Revival influence. Neighboring the church stands the substantial Bowker House (HP-33) , built in the Federal style around 1810, and modernized by overlaid brownstone trimmings in 1860. The hybrid design is very successful, reinforcing the central importance of this house to the district. The Pierson House (HP-35) , facing Barton Square, is an unusually graceful vernacular Italianate residence, typical of the houses that lined Barton Square in the mid-19th century. HP-29: 18 Crombie Street (c. 1770; moved to site 1830) The origins of this two-story, gambrel-roofed Georgian house are unknown, but it was moved onto this site in 1830 by James Bott. The end wall faces the 8. Bibliography and/or references such as local histories, deeds, assessor's records, early maps, etc. City of Salem tax records Essex County Registry of Deeds McIntyre, H. : Map of the City of Salem, 1851. Pickman, Benjamin: "Account of Houses and Other Buildings in Salem in 1793", Essex Institute Historical Collections, vol. VI, p. 93. Salem Historic District Study Committee: Reyort, 1968. -.m l.0 10-300a UNITED STATES DEPARTWE.N , OF THE INTERIOR FOR Ni _'SE ONLY NATIONAL PARK SERVICE RECEIVED NATIONAL REGISTER OF HISTORIC PLACES INVENTORY -- NOMINATION FORM iDATE ENTERED I - I CONTINUATION SHEET Crombie Street ITEM NUMBER B PAGE 16 street, and contains three six-over-six windows, vertically aligned and centered on the wood-shingled wall. A narrow, simple framed doorway which crowds the right corner was probably added when the house was moved. A massive central chimney is readily visible from the street. A small ell with a shallow pitched '- roof extends to the left, set back fifteen feet from the front wall. HP-30: 16 Crombie Street (1831) This two-story, wood-frame vernacular Federal house is oriented to the left side of its lot, with its gable end on the street. The street elevation is very simple, with two windows on each floor level and a single gable window. The moderately projecting cornice returns above plain corner boards. The side elevation is symmetrically composed, with the classically framed entrance in the center of its five bays. Two gabled dormers face this side. Its modest architectural character is appropriate to the social and economic standing of the original owner, a painter and glazier named Samuel Ferguson. HP-31: 15 Crombie Street (c. 1810) This pleasant wood-frame Federal house was built by Joshua Loring, a chaise- maker. Two-and-one-half stories high, with a shallow hip roof, it faces end on the street, with its five-bay symmetrical facade on the south side of the lot. The delicate, classically detailed doorway at the center of the facade is the building's major decorative element; the overall composition demonstrates the restraint typical of the style. A rear ell, originally set back from the major wall plane of the facade, is now concealed by an open staircase and porch structure added when the building was converted to multifamily use. HP-32: 13 Crombie Street (c. 1830) The modest classical detailing around the doorways is the strongest stylistic element on this two-story, wood-frame house. The gable end faces the street, with two entrances located on the north side. The end wall is, framed by a sheer cornice and simple corner boards, with two windows on each floor and a single window in the gable. The side elevation creates the illusion of bilateral symmetry, although the elements are not as precisely aligned. The two doorways, one flush and the other contained in a small gabled projection, are balanced by pairs of vertically aligned windows. The building crowds its southern lot line, creating a generous side yard toward the north. HP-33: 9 Crombie Street (c. 1810, c. 1860) This two-and-one-half-story, red brick house was built before 1811 in the Federal style, and updated about 1860 with Italianate details. The sheer mass of the building, its shallow hipped roof and shortened attic windows are readily recognizable as characteristic of Federal architecture. The buildin„ sits with its end wall facing the street, and the entrance at the center of ITEDSTATES DtP -\R-1 W-N Jh 1 HE INTERIOR FOR NP^;SE ONLY NATIONAL PARK SERVICE RECEIVED NATIONAL REGISTER OF HISTORIC PLACES INVENTORY -- NOMINATION FORM LD ATE ENTERED CONTINUATION SHEET Crombie Street ITEM NUMBER B PAGE 17 the five-bay side elevation. Brownstone lintels, a bracketed cornice, and a heavy entry hood are the Italianate elements added in mid-century. Built by Benjamin Crombie, the developer of the street, the building was soon tenanted and later purchased by Joel Bowker, one of Salem's leading merchants and entrepreneurs. Among his many accomplishments is the credit for intro- ducing anthracite coal to Salem. HP-34: Crombie Street Church (1828) This handsome red brick building was built as a theater in 1828 by J.W. Barton, proprietor of the adjacent tavern. When the theater failed after a promising beginning, it was converted to a church in 1832. Its monumental facade is divided into three bays by relieving arches with broad piers articulated as panelled pilasters. The gable contains two demi-lunettes flanking a date stone. The arches contain arched windows at the second floor level, and a doorway in each end bay framed by a heavy wood entablature and pilasters. The transition from the Federal style to the Greek Revival is evident in the ,combination of strength and refinement exhibited in the design. The breadth sof the monumental arcade and the doorways tempers the fundamental elegance of the .facade. HP-35: 13 Barton Square (1846) This elegant Italianate house is representative of the original residential - character .of Barton Square, which has now been eroded except along its western edge. Built in 1846 by Dr. E.B. Peirson, the house exhibits the full expression of this vernacular style. A full bracketed cornice separates the gable from the two main stories. Twin arched gable windows, beneath a small continuous label molding, face Barton Square, while three bays of windows punctuate the flush board siding. An open porch supported by pierced posts extends along the south side at the first floor level. A two-story, cross- gabled ell on the north side is set well back from the front wall, and contains the entrance, sheltered by a second porch. UNITED STATES DEP ART,NIEN , Or THE INTER IORf0R Nr. JSE ONLY NATIONAL PARK SERVICE RECEIVED NATIONAL REGISTER OF HISTORIC PLACES I INVENTORY - NOMINATION FORM {DATE ENTERED CONTINUATION SHEET Crombie Street ITEM NUMBER B PAGE 18 Crombie Street National Register District Ownership Data & Importance Rating Property Address (SAM#) Importance Rating* Ownership 7 Crombie Street (26-448) 1 Crombie Street Congregational Church 7 Crombie Street Salem, Mass. 01970 9- Crombie Street (26-448) 1 Crombie St. Congregational Church see above 13 Crombie Street (26-139) 1 Crombie St. Congregational Church see above 15 Cromb e Street (26-449) 1 Crombie Street Realty Trust Norma A. Smigowski et ali, Trs. 15 Crombie Street Salem, Mass. 01970 16 Crombie Street (26-453) 1 Joanna M. & Mary W. Cass 16 Crombie Street Salem, Mass. 01970 18 Crombie Street (26-452) 1 Frances H. Wendt 18 Crombie Street Salem, Mass. 01970 13 Barton Square (35-6) 1 Doering Trust 2 Oliver Street Salem, Mass. .01970 *Key: 1. Central importance to district 2. Contributing to character of district 3. Intrusion on character of district �Q1 1 { �I 0.A• � 1 ! f 1 _ � I�1 w�. i1 � �� . ij- MR � � P dM1 •I �i�.�K? ( )i��1.1 � 7 Y.-1 1 1 Yi1 ..�. I _ a 4 91�f. Aft M! i u l UPUUUI klA i ' E 'f'yN9l? �. Ipui r Immm nn A( �t" ITT ... r l r � W? Ir� 1 i r II r��,•o�l.lr f.pik5 r¢ 1. • tj A. 4'fir%i� I VA FA eT � f r p r +. 'v 7 4f Y` •rt r♦ tlw 4� fix'{ AV " r I 'J E S SDE X C p C 2D1 27D•2D1 6).2)3 263265 • 301-30) 29P 20fL9) 65 29 65-S 60-S 62 60 55 458 0 447 �. m m N W O, A o — Z c N459 456 G) N a — — —— J s —s 455 60 q H.P'. o 34 D I H.P. � 35 m 3 _ I 1 461 �� X - J 454 " x J l m �-x 11 �—I. H.P.3� " 1 mH.P.31 J 1 � 4621 _ _ — H. - 1 29 W 463 464 u w 450 I y � 4' 45176 1 155-5 2) 3B 1 1 NORMAN 26-32 100_5 S T. " 20-24 SALEM, MASSACHUSETTS: CROMBIE STREET/HIS/TIO\RICC DISTRICT 1"=100' HP 29 18 Crombie Street HP 30 16 Crombie Street HP 31 15 Crombie Street HP 32 13 Crombie Street HP 33 9 Crombie Street HP 34 7 Crombie Street HP 35 13 Barton Square s, �Historc SARMP incorporated 7 CAMBRIDGE STREET SALEM, MASSACHUSETTS 01970 / PHONE (508) 745-0799 16 Crombie Street Built in 1834 for Samuel Ferguson , Painter Research by Donna Vinson February , 1992 sa62641ow y;Tm sasegDjnd y;oq 6UTMUEUT} ' 1eaA 6utmoiio} ay; uT 4aa14s atgwols uo A41adold leuot;tppe paseyolnd 3308 ' (4701-EOT saneaT ' TBT J008 (l'H*3"3) LOBI UT 64aa1;s xass3 6uole ;sam 1ay4an4 „41noo s, ;4o8„ _4.o ajesaweu pue 1ajewasTeyo wales pawe} ay4 .4.0 uos pue lalppes ' 1r ' ;408 sawer o; A;1adold paltnbne-Atmau sTy }o ;led plos 1a)Jeg • (EZZ-TZZ saneaT '6LT 4009 'a-H'3•3) A;1adold 4aa14s atgwols mau ay; j0 laseyolnd ;sa6lel ay; uaaq aney o; sleadde ' ;ueyolaw wales g1a>jeg ydasor • (ZZZ 4eaT '6LT Moog 'spaa0 jo A149T6aa A;uno3 xass3) „umol pies }o s;aal;s ay; asn wales pies -4.0 s;ue;tgeyut ay; se lauuew e atdwe pue lln� se uT 4asTmlay;o pue is;1eo gaT;;eo 1tay; 10� dsa6et11en utpue ;ooj. Uo s;Uenlas 1Tay; pue 'sU6tsse pue 5- Tay 1Ta4; 'sanlasway; 10} Aem pies }o ssa16a1 pue s5al6a aa1j }o abaltnTld pue 4y6T1 e y;tm 1ay4abo;„ &saa4uel6 wales snoTleA o; A41adold sty �o sl-ted �,�o plos atgwols plemggnos passa16o1d Allenpel6 y;ed ay; sy • pa;aldwoD sem „;aa1;s„ ATleut} pue ' „41noo„ ,,auel ,, ay; ' 1a4el s1eaA A;uam; AT1eaN go8T 1a4j-e ,,dTys ay; jo ubts„ ay; 'ulane; 4aa1;s xass3 sty buTuTofpe puel ay; uo 4aa14s uewloN o; auel a ;no 6utAel ue6aq aTgwols wTwefuag 114un puelaln;sed padolanapun pautewal „platy s ,uamin3„ • saTlTwe} 1aleg pue 'atgwol3 44oge3 ay; jo slagwaw 6uTpnTout 'slaumo pa;elalun jo uoTssa»ns a o; passed pey ; t y6not4; uana ,plaTI s ,uamans„ palleo 1114s sem „;anoo„ 10 ,auel ,, s,aigwols ;no-plel-Almau ay; pue cuewloN dlawwns ' xass3 uaam;aq pa;enol aln;sed ay; ;ey; s;lodal Aal;uag pualanaa dsaTln;uao y;uaa;autu Alava pue y4uaa446Ta a;el ay; ul 18tL1 uT y;eap s,abpnc ay; 1a;}e „suamxn3„ pue ,sutmin3„ se sanlasway; o; pallajal ATTwe} ay; }o suot;elaua6 1a;el ' ;uawaAlonuT sTy wo1j- saATasway; aoue;sTp 03 1ap10 ut 1a4el s1eaA uanas sleT11 yo;TM wales ay; ui sabpnc ay; �o auo se panlas oym 'uey;euor uos sTy o; aln;sed ay; �o 41ed Eley v pue asnoy sTy pay;eanbaq uTm1o3 uTe;des " (q •d `0161 'wales uT pa;uLad Ala;enTld ' „uTm1oo a6loag ute;dez) ;o asnoH pue dogs ay; �o s;ua;u03 ay; ;o /.lo3uanuI ud„ Amo(I sTouela a6loag) pa4uxode lay; aoeld tleTlnq a 6uTlapTsuoo 'Z/T pue sa1oe E ;noge • ;b 1104sed ay;„ sem spunod A;auiu ;e panleA • 1a4jeajag4 AT41oys suoissassod pue A41adold sty patlo;uanUT s104nMaxa sty pue 9891 Al1ea ui paip duTm1o3 abloag uie4de3 cAlTwe} ay; }o yoletl;ed ayl „asnoH yo;tM„ Aep-;uasald ay; ds;aal;s 4410N pue xass3 40 1auloo ay; uo pa;eool ( si pue ) sem asnoy 1tay1 •sai-tn4uan y;uaa4y6Ta AT1ea pue y;uaa;uanas ay; ut Altwei. utmloo ay; 10} aln;sed a se panlas yoTym ;ol 1a61el yonw a _�o 41ed sT spue;s mou 4aa14s atgwojo 91 goTym uo 401 ayl :A41adold ay; }o A1o4stH 1a4uted 'uosn6lad lanwes 10; 47EBT ut ;ltn8 asnoH smolTaa-uosn6laa ayl 4aa14s aigwol3 9T `Y- granted by the sellers, Baker and Thorndike Deland (E.C.R.D. Book 182, leaves 285-2B7) . Bott ' s mortgages apparently became so burdensome that he was compelled to sell his Crombie Street properties at a loss to his more established father in 1811 (E.C.R.D. Book 192, leaves 259-260) . James Bott Sr . held the estate, one of many in Salem he possessed , until his death in 1829 at the venerable age of eighty-four . The elder Bott possessed not only many properties in Salem but also many heirs, and so the settlement of his estate took several years . In 1833, one of Bott 's grandchildren, Samuel Ferguson, bought the shares of his siblings in the Crombie Street property and erected a house on the consolidated estate in the following year (E.C.R.D. Book 274, leaves 51-52) . Either he did not intend, or could not afford , to live in the new house as he sold it to Oliver Fellows, shipwright and "caulker " , only a year later (E.C.R.D. Book 284, leaves 1(31-1B2) . The Fellows family remained in residence at 16 Crombie Street for over forty years . Mrs. Fellows lived there alone after her husband ' s death in the 1860s, and her heirs sold the property to Lydia Woodbury, widow of Stephen Woodbury of Salem, after their mother 's death (E.C.R.D. Book 972, leaves 175-176) . From time to time Mrs . Woodbury took in tenants and residents to live with her , and in her later years a niece , Miss H.P . English , was in residence. After Lydia Woodbury ' s death in 1900 her heirs sold the property to Mr . and Mrs . George A. Stevens of Salem (E.C.R.D. Book 1620, pages 57-58) . George Stevens was a guard at the nearby Mercantile National Bank on Essex Street (Salem Directory, 1901 ) . Della Stevens Bogart and her husband Harry , a clerk , came into possession of the house after her mother ' s death in 1921 (E.C.R.D. Book 2501 , pages 435-437) . The Bogarts also took in occasional boarders (Salem Directories, 1921-1931 ) . After ten years in residence, the Bogarts sold 16 Crombie Street to Franklin and Margaret O'Brien of Salem, who occupied the house until 1946 (E.C.R.D. Book 2870, page 333; E.C.R.D. Book 3132, page 487) . That year , 16 Crombie Street and other properties in the immediate vicinity , including the Empire Theater on the corner of Essex and Crombie Streets, were conveyed to Naumkeag Insurance Company, Inc . of Salem and its real estate associate, Salem Realty Company , by various grantors , including the O'Briens (E.C.R.D. Book 3477, page 108; E.C.R.D. Book 3518, pages 349-353. See inserted "Plot Plan of Property on Summer St. , Salem, Mass. for Salem Realty Co. , 285 1/2 Essex Street, Salem, Mass. ) . In 1958 Salem Realty Company sold 16 Crombie Street to Mary W. Cass and Joanna M. Cass, mother and daughter (E.C.R.D. Book 4523, page 52) . Joanna Cass Bennett and her husband James Bennett are the present owners of the property. Documentation: Essex County Registry of Deeds, Book 1B1 , leaves 103-104 Grantor : Joseph Baker oSalem, Merchant Grantee: James Bott Jr . of Salem, Saddler f Consideration: $1100 ' 6utut } �1 oCpe pue aapun puel ay; y;tM 'sbutPltng aay;o pue 'asnoH 6utllaMQ a o fiut;stsuo0 'a6enssaw uteao o a�ueAanuo3 e00E2$ :uot3elaptsuo3 4y6tjMdtgs 'wales So sMollad lantiO :aa;uejg aa;uted 'wales So uosn6jad lanwes :lo;ue-1g 28T-IBI saneaj 148a 4009 'Q-a'3'3 E68i 22 jago400 :Paplooau a;ea y;�i� lay;o ay; 6utwtelo 'aastnap se ' lanwes pies ay; pue„ ' ;aaa;S aigw0_13 uo puel s , ;;og So sy;jtj.-ano} :jo aoueAanuo3 saastnap pies So yoea 0; 06$ :uot4ejaptsuo3 . ilTM pies ut paweu aastnap a osle pue Bawer pies �o plty:) -pue-Lb lay;oue„ ' sa;uted 'wales So uosn6lad lanwes :aa;uejg „ • ;uawe;sa; pue lliM ;sel sty ut paweu saastnap pue paseaoap 4408 sawer S.0 uaaplty3Pueu6 6utaq AlloQ pue ' ;ale6aeW 'sawer ' •g sewoyl pies ayl„ -wales 10 Ile 4 ;y611 aay ut aStM sty ALlOQ pue ` y;iws�joelg ' la;;od latueQ ` 4y6ta jay ui ajtM sty 4aje61eW pue ' uauuel 'saapunes aazauag3 ' aa;uted 'uosn6aad sawer ' aauteMploo 4uosn6lad •g sewoyl :slo;ueJg a6-T6 saneaj '47L2 4008 'Q•8•3.3 llal Sl Aaenagad :Papuooal a;ea „ •00.685$ 0; ;saaa;ut pue aldtnutld ut 6ut4unowe a6e64aow a o3 ;OaSgns 6utaq 1pue3 6utpue4s uoajay; dogs>lloM a y;tM„ aa;;el ay; ' puetaa amtpuloyl pue 1ajeg ydasor 40 paseyolnd Alsnotnald sat;aadold ;aaj;S atgwouo :�o a3ueAanu03 oo,2471$ PUe L8'aghl$ :uot4eAaptsuo3 ;uey:)aaW Mou ' _IalppeS a;el 'wales So is ;;og sawer :aa;uelg jalPPeS 'wales So - jr ' ;;OB sawer :lo;uelg 092-692 saneaj '261 A008 'Q'a•3"3 8081 E2 lijdv :PaplonaA a;eQ wales pies ut pa;en; ts puel So laoled e. . . . .. :So aoueAanu03 006$ :uot4euaptsuo3 lalppeS 'wales }o • lr 3308 sawer :aa;ue_jg ;uey»aW wales -19' So puelaQ a)itpuaoyl : uo;ue L82-9B2 saneat 'aw Noo8 Q•a•3.3 L08i ` b iL1dd :PapjoDaj ales „ •uMol ay; So s;aaa;s ay; asn wales pies So s;ue;tgeyul ay; se aauuew a aldwe pue lln} se ut 'asTMaag4o pue s41eo 'al;;en jtay; ao} pue sa6etjle3 ut pue 1300} u0 sanlasway; JOS s;ueAJas atay; pue ' subtsse pue sitay sty lotunr ;;og pies ay; ao. 'ssajbaj pue 'ssal6a 'ssal6ut aal} y;iM 'AeM pies So a6altntld pue ;ybt -t e y; iM aay4a6o4 • • • •asnoH s,atgwol3 So pue ula;saM ay; 6uole ;aaa;S xass3 wOJI Alaay;nos sung gDlgm AeM a;entad a uo• • • •wales :�o a�ueAanuo3 pies ut a;en; ts puel So la»ed ute;jam e• situated in Crombie Street in said Salem. . . . " Date recorded: August 317 1855 E.C.R.D. Book 972, leaves 175-176 Grantors: John F . Fellows , of Chelsea, and John L. Marks and Mary A. Marks, his wife in her own right , of Topeka, Kansas Grantee: Lydia 0. Woodbury, of Salem, Widow Consideration: $3200 Conveyance of: property on Crombie Street , "descended at the death of Oliver Fellows to his children John F . Fellows and Mary A. Marks, the grantors aforesaid , who now hold the same as tenants in common. " Date recorded: March 16, 1877 E.C.R.D. Hook 1620, pages 57-58 Grantors: Hannah P. English and Philip English of Hyde Park , Elizabeth Strickland of Waltham, Widow, Rebecca B. Woodbury of Concord , N.H. , Widow, and William English of Los Angeles, California Grantees: George A. Stevens and Margaret H. Stevens, of Salem Consideration: $1 and other valuable considerations Conveyance of: 16 Crombie Street , the former estate of Lydia 0. Woodbury Date recorded: September 14, 1900 E.C.R.D. Book 2501 , pages 435-437 Grantor: David Frye of Salem (agent of transfer ) Grantees: Harry Bogart of Salem, Executor of the Will of Margaret H. Stevens, late of said Salem, and Della W. Bogart Consideration: $3500 Conveyance of: 16 Crombie Street Date recorded: November 29, 1921 E.C.R.D. Book 2870, page 333 Grantors: Harry H. and Della W. Bogart , of Salem Grantee: Margaret G. O'Brien, of Salem Consideration: paid Conveyance of: 16 Crombie Street . "This conveyance is made subject to a mortgage in the sum of $2700 held by the Salem Five Cents Savings Bank which the grantee assumes and agrees to pay . " Date recorded: January 3, 1931 E.C.R.D. Book 3477, page 108 Grantor: Franklin O'Brien of Salem Grantee: Naumkeag Insurance Agency , Inc . , of Salem Consideration: paid Conveyance of: 16 Crombie Street Date recorded: September 3, 1946 E.C.R.D. Book 3518, pages 351-352 Grantor: Naumkeag Insurance Agency , Inc . , of Salem Grantee: Salem Realty Company of Salem Consideration: paid Conveyance of: 16 Crombie Street and other adjoining properties Date recorded: December 9, 1946 E.C.R.D. Book 4523, page 52 Grantor: Salem Realty Company Grantees: Mary W. Cass and Joanna M. Cass Consideration: paid Conveyance of: 16 Crombie Street , "being a portion of the premises conveyed to the grantor by deed from the Naumkeag Insurance Agency, Inc . . . . " Date recorded: December 12, 1958 MAW � L � 1 VlAW STS.EEJ'. M A .�Q 'm'• m m m MBtetoa. O a 0 I W co �° n y 9 John _ I 2 % _ Hathorne h O £slate Of F Joaath" C. Georgy a I F. TK Estate o!George 00 s Elizabeth Tawie. 5....:•.nen-:eon. � � �f�l LANE. PART OF SALEM IN 000. NO. 2. L r I T S T R H u R c H 01 1�cm lu_� T, b. &AV N.tl � A, VVv rps L j T -A C L U`", 10",V'V Itr11 f 44 E T tt I .f �1CJM. A C'NRI Ell TIT r .110 1 71 ,'r L v, -2 Oil r t 1, j T-A Aa, BROAD STREI ET CEMETERY "_'. " "p rf 0 ' yI C,l. -4 Al rf P I A BODY .1d ;?m�—VE n 0 H S T 9 E E T � L N ,,. , m :11, , s A K 0 "Pvl Li 11.11, 4 mc n D 1 1C 0 TY. Ir u H A 0J) R �.A JI R p '411a __j A" ll PI kESCOT T fiaL t It A j R Uvw 5 T R E E T t it A, 0 T I 'm X ST ............ Po d . uO T cj It _9VKRETT STR C E D ITA //`i I � RR ` %aa "1/r 11 '\.. Cpl ._y PH -7sno I 8 w f 0 !� 0 �j.l N/IJII I 1 t / I 1 Iz '{ -a-t I I, '.�/ ''`_�,yi a t(^e� I/ •/ � %4 / f/I � �'i•7 iQ ��\\�c � �\�;. N b b r n Y / ly'//// t ///,# /. • '/1 4> // .., > ; It- I `C rr :I�ti-1 -� // / // V .v�, I :/= '�J 'uu�•/ / "b, /r r \ �, / n o ✓i' 1 �IaO� � 'e-ail / �_' � •f( / \t ///�/. \ \\ ,.• ` '.% o,// r�/ y i' (/�t'17(i lalit/1+1/r�' // / /:a: �-r"-c//� / / t �\� - ; � J•�.!"�' . �4- � •'(JCl/ , t, \�\ �/ /i co /•�I\ � ........... "l � 't '� / r/( J >. \ _;.,. \ ,t ), a r / .a\ ~ ✓ I '.,_ Y Ud Y OU \ 7JVSS G•� a AAA � V�� VAA \ �� .x vx . I w L i ; u I I !I �< 11 �.�2 ,j 7 0 SLI r O W A. 1 °' W elg S n u measurements more or lem The within granted promises are shown. on '?,lot xi �IIjil COMMONWEALTH OF MASSACHUSETTS ESSEX, ss January 9, 1990 I hereby certify that the attached 14 pages are accurate and true copies of paper on file with the City of Salem Planning Department showing that the #9 and #13 Crombie Street property are in the National Historic District known as the Crombie Street District. e Guy, Clerk1 n torical Com s:o Notary Public My Commission Expires: 5/31/97 CD b k CITY OF SALEM - MASSACHUSETTS ROBERTA.LEDOUX Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 314 Essex Street SalemMassachusetts 01970 15 Church Street , u 508-741-2111 508-744-85Do August 4, 1997 The Honorable Neil J. Harrington Salem City Hall 93 Washington Street Salem, Massachusetts 01970 RE: Demolition of 18 Crombie Street Dear Mayor Harrington: Please find attached decision I recently received from the Court on the above captioned matter. Essentially, we won on all counts on both complaints filed by Holyoke. The Court upheld both the SRA's decision and the Building Inspector's decision. I think you will find it an interesting and worthwhile read. Especially interesting is Judge vanGestel's comments in Footnote 4 at the end of the decision. I am not sure what Holyoke will do from here, but I do not think this issue is resolved yet. I have forwarded a copy to Craig Wheeler to provide to the SRA members as it is a useful legal summary on the review of their decision making. I have already received a message from Attorney William Lundregan who represents Holyoke. We have not yet had the chance to speak directly about this decision. I will keep you posted. Thank you for your attention to this matter. Ver b regards, n 1�. ee �. Enc. CIT Y CF t MaYok•S -01-97 11 . 30 FROM= ID; - FACE 2 COMMONWEALTH OE MASSACHUSMS •ESSEX, ss. SUPERIOR COURT CIVIL ACTEONS NO. 91-2352-A and NO. 92-0688-A HOLYOKE SQUARE;WC. V. SALEM REDEVELOPMENT AUTHORITY and HOLYOKE SQUARE,INC. V. STATE BUILDING CODE APPEALS BOARD, et al. . .ti..,, r .,. u me . ,t ORDER FOR IIIDCMENI' These two cases, tried together before the Court without a jury, involve the future of a simple, old house at 18 Crombie Street in the Heart of the historic City of Salem, Massachusetts. The plaintiff, the house's present owner, believing it to be hazardous and beyond repair, wants to proceed with its demolition. The City of Salem, acting through its Redevelopment Authority, with encouragement from its Historicai PAGE 3 IO: C-01-97 11 : 30 FROM! 2 Commission, wants the house preserved as a part of a Crombie Street historical district. The City's Building Inspector refuses to issue an order that the house be demolished; and the State Building Code Appeals Board supports that decision. The action against the Redevelopment Authority (the "SRA") is, for the most part, in the nature of certiorari. The plaintiff ("Holyoke Square") charges that the SRA's decision was in excess of its authority, unsupported by substantial evidence, arbitrary and capricious, and otherwise contrary to law. The claim involving the State Building Code Appeals Board (the "Appeals Board") and the Salem Building Inspector (the "Inspector") is an appeal pursuant to G.I.. c. 30A, sec. 14 from the decision of the Appeals Board supporting the Inspector, although it also raises certiorari issues and requests declaratory judgment relating to the supremacy of the determination of the Inspector over that of the SRA. linvnwGs of E9.�T Holyoke Square, Inc. is a Massachusetts corporatiuu dying business at Holyoke Square in Salem, Massachusetts. Holyoke Square is controlled by the Holyoke Mutual Insurance Company, a long-time, respected corporate citizen of Salem. The house at 18 Crombie Street is located at and on the northeast corner of a parking lot across Norman Street from Holyoke Mutual's principal place of business. Both the house and the parking lot are owned by Holyoke Square. -01 -97 11 : 30 FROM: ID: PAGE 4 3 The Salem Redevelopment Authority is a public authority corporate and politic, organized under the General Laws of Massachusetts. Crombie Street is located within the Heritage Plaza west Urban Renewal Plan promulgated by the SRA and, thus, both the street and the house at number 18 are, for certain purposes, within the regulatory jurisdiction of the SRA. The State Building Code Appeals Board is an administrative agency within the Massachusetts Executive Office of Public Safety, The Appeals Board is empowered by law to make regulations and to conduct adjudicatory proceedings relative to the interpretation of the State Building Code and related laws. The house at 18 Crombie Street is not located in any official historic district of the City of Salem such as those provided for in G.L. c. 40C; nor is the house a designated National Historic Register property under 16 U.S.C. sec. 470, et seq. Crombie Street itself, however, is part of a National Register designated federal historic district, and 18 Crombie Street is considered part of the Crombie Street Historic District (the "District"). The National Register designation came about as a result of a 1979 request by the SRA to the Massachusetts Historical Commission. The request was granted on September 16, 1983, five years before Holyoke Square purchased the property at 18 Crombie Street. The Crombie Street Historic District is composed of the eight remaining buildings of this downtown residential enclave. The District includes a cross-section of residential buildings from various periods of JC-01=97 11 . 31 FROM: ID. FACE 5 4 development, along with a church originally built as a theater. The boundaries of the District include the six buildings that face Crombie Street -- including number 18 -- and two buildings at the west end of Barton Square, adjacent to Crombie Street on the west. Crombie Street was laid out in 1805 by Benjamin Crombie, proprietor of the "Sign of the Ship," a tavern that stood on Essex Street, east of his new street. Between 1805 and 1815, Crombie sold four house lots behind his tavern, as well as narrow strips of frontage on the street to other landholders to the west. Only two of the houses standing today were built before Crombie sold the remaining property in 1819. The District, however, was still shown intact on the 1851 map of Salem. As the only surviving downtown residential group from the early 19th century, the houses on Crombie Street are said by die t information Massachusetts Historical Commission to provide important about the character of the City of Salem at that time. All the buildings directly abut the sidewalk, suggesting high density, but placement on the lots is irregular, creating a rural atmosphere. Wood is the dominant building material, although the church and one house -- called the Bowker House -- are brick, as is the prince Huuse that predates Crombic's activity. While the architectural quality within the District is said to be variable, three buildings clustered at its north end are all considered individually noteworthy. The Crombie Street Church, built as a theater in 1828, is the architectural highlight of the District. It is described as having monumental relieving arches on its facade that define its PACE 6 -01-97 11 . 31 FROM, ID. rJ composition and suggest the Federal style, but the panelled detailing of _ the broad piers separating these arches, along with a pair of quadrant windpws in the gable and wide corner pilasters, are suggested to introduce a newer Greek Revival influence. Neighboring the church stands the substantial Bowker House, built in the Federal style around 1810. It was "modernized" in 1860 by overlaid brimstone trimmings. The hybrid design of Bowker House is considered very successful, reinforcing tike central importance of this house to the District. The Pierson House, facing Barton Square, is called an unusually graceful vernacular Italianate residence, typical of the residences that lined Barton Square in the mid-19th century. The house at 18 Crombie Street is a bit of an onion in a petunia patch. It is a quite small, two-story, gambrel-roofed, Georgian house, the origins of which are unknown. The house is believed to have been moved to the site in 1830 by James Bott. The end wall faces Crombie Street and contains three six-over-six windows, vertically aligned and centered on the wood-shingled wall. A narrow, simple framed doorway that crowds the right corner is believed to have been added when the house was moved to the site. A massive central chimney is readily visible from the street. A small ell with a shallow pitched roof extends to the left, set back fifteen feet from the front wall. The house at 18 Crombie Street is perhaps most historically useful as an example of how simple working people lived at the time. ID. ^-01 X97 11 . 32 FROM. -. PACE 7 6 There is little evidence that persons of note ever resided there.) That latter point, to this Court, however, is of no moment. History benefits from an understanding of how everyone existed, not just the rich or famous. No persons "of note" are identified as having greeted the Mayflower when she landed at Provincetown, or later at Plymouth, but1. history certainly has been well served by knowing how and where those truly native Americans lived. Holyoke Square purchased 18 Crombie Street from the Naumkeg Trust Company, the latter acting as Trustee of the Frances H. Wendt Realty Trust, on February 16, 1989. The purchase price was $169,000. At the titre of Holyoke Square's pgrchase, immediately adjacent to 18 Crombie Street on the south was, and still is, a parking lot, bounded by Crombie Street on the west and Norman Street on the south, owned by Holyoke Square. In the midst of the parking lot, on the east side, is a facility described as all auto laundry. Across Crombie Street from the parking lot is a small strip mall including a White Hen Pantry convenience store. Very little is left in the area making up the Crombie Street District in light of the many past changes approved by the SRA in and around the neighborhood. Those changes have included: demolition of a building at the corner of F,ssex and Washington Streets, leaving a vacant lot known as Lappin Park; demolition of a cafe and a diner on Norman Street, next to a Dunkin' Donuts, and construction of multi-level I The SRA offered some evidence that William B. Pike reaided at 18 Crombie Street from 1¢51 through his death in April, 1876. Mr. Pike was Collector of Porta for Salem and Beverly throughout President Buchaoan,s administration and is said to have been close ldent Pierce. friends of Nathaniel Hawthorne and Pre" ,be title history from 18o6, after the date le Crochaise purchase, describes auhaeyuenl uwnera as: a merchant, a trader, dddlaer�elephonee aluwerring service a operanter, a ttor. and gouger, a physician. a carpenter. a ID. PAGE 8 G-01-97 11 . 32 FROM: 7 residential housing in their place; demolition of a gasoline service station at the corner of Crombie and Norman Streets, and subsequent construction of a small strip mall and parking lot; renovation of the old Salem Theater, on Essex Street, and demolition of the buildings next door; and demolition of the buildings on the corner of Essex and Crombie Streets, and subsequent use of the land as a parking lot. After purchasing 18 Crombie Street, Holyoke Square explored possible uses by . it for the building. Included in its ideas were use as a conference center or as office space, however, consultation with experts in the building construction business quickly led Holyoke Square to the conclusion that the repairs that would be necessary to make the building useable were economically unfeasible. One source suggested that the building had a fair market value of $154,600 but would require the expenditure of an additional $113,100 to make the necessary repairs before the building would be habitable. Other cost estimates were even higher. In September, 1990, Holyoke Square received a report from DeMarco/Jarek Partnership, architects and engineers in Salem with particular expertise in renovating and evaluating old and historic buildings. The DeMarco/Jarek report catalogued numerous deficiencies found at 18 Crombie Street. Included were: serious problems with the roof; marginal condition, at best, of the principal chimney; peeling paint and rotting conditions on the exterior walls; electrical entrance cables in poor condition and rotting service cables; collapsing brick and block foundations on the front and left sides; wooden gutters rotting, and copper gutters improperly spaced too close to all fascias; downspouts in G-01-97 11 . 33 FROM= 1D, FACE 9 8 marginal condition; improperly sloped grading around the foundation; rear stairs rotting; thresholds rotting; all windows in poor condition; entry, doors not square; flashing around doors and windows in poor condition; foundation walls collapsing; evidence of insect damage; unlevel floors; loosened plaster throughout; electrical outlets in poor condition and limited in number; chimney flues in need of lining; sagging floors and ceilings; all plumbing in need of replacement; insulation in poor condition; and heating, plumbing, water and eletrical systems inoperative. Holyoke Square also presented evidence by Nucci Vine Associates, structural engineers, to the effect that the building is tilting over at the rate of 1/4" to 1/2" per year. Nucci ,Vine Associates opined that conditions of the foundation require reconstruction and repair to insure a safe and stable foundation structure prior to any occupancy of the house. R. Eric Rutnpf, of Rumpf & Associates, who originally advised the Inspector, testified that the structure falls substantially short of satisfying the generally safe and acceptable requirements of the Massachusetts State Building Code. The Court, with counsel and their experts, took a view of the premises at the time of the trial in April, 1997. In the course of the visit, concern was expressed that the upstairs flooring might not be able to support the weight of the visitors. The observations by die Court's untrained eye confirmed, in essentially all respects, the findings in the reports and testimony of Holyoke Square's experts. AUG-01-97 11 . 33 FROM, ID. PACE 10 9 After concluding that demolition was its preferred alternative to attempting the extensive repairs neccessary at 18 Crombie Street, Holyoke Square, on May 28, 1991, appeared before the SRA, and a hearing was held on its application for permission to remove the building. Holyoke Square argued that it was too costly to renovate the property quar and that its plan was to create additional parking spaces for employees and ultimately landbank for future development. The SRA voted 4 to I to deny the application. Earlier, on April 12, 1991, the Salem Historical Commission voted against the demolition of 18 Crombie Street because of the Commission's belief that the property was an historically significant building within the District. The SRA's vote was premised on its consideration of the historical significance of the property, its view of the structural soundness of the building, and its general opposition to landbanking with no immediate plans for redevelopment. By letter dated August 5, 1991, Holyoke Square's architects formally notified the Inspector that "the building located at 18 Crombie Street is in a state of disrepair and if not corrected will pose a hazard to the well-being of pedestrians in the area." The architects' letter concluded with a recommendation "that your department conduct an immediate inspection of its own, and then issue an order to the Owner to remove the structure or make it safe, pursuant to M.G.L. Ch. 143, Sec. 6." On August 18, 1991, the Inspector and Holyoke Square's architect made, an inspection of 18 Crombic Street. Shortly thereafter, on August 29, 1991, the Inspector declined to issue an order to Holyoke Square to remove the structure or make it safe. The Inspector concluded PACE I1 ' IDS -01-97 1134 FROM lu that, "although this single family house has a number of problems, it has _ not deteriorated to the point of being a hazard to the public safety and welfare, and to order its demolition at this time would be premature." Holyoke Square appealed the Inspector's decision to the Appeals Board, and an adjudicatory hearing was held on February 11, 1992• At the hearing Holyoke Square presented the reports of its experts concerning the condition of the house. On June 3, 1992, the Appeals Board issued a decision denying Holyoke Square's appeal and affirming the decision of the Inspector, Since the decisions noted above, nothing has been done to the property at 18 Crombie Street by Holyoke. Square other than boarding up the windows and blocking its entrance. Thus, the deterioration that comes with time moves inexorably, albeit slowly, forward. at n tN(�4 OF LAYIC The Court, in making its rulings of law, will treat the two cases in the chronological order of their filing, which mirrors their evolution in the process. T1 a ,. Udeveloom nl AULh� ,This case involves issues surrounding the propriety of the action by the SRA, in May of 1991, when it vuted to deny Holyoke Square's -01-97 11 + 34 FROM- ID+ PAGE 12 I1 application for permission to demolish the building at 18 Crombie Street. The SRA is a public authority organized pursuant to G.L. c. 121B, secs. 4, 9 and I1. As such, it developed the Heritage Plaza West Urban Renewal Plan in the City of Salem for the purpose of establishing standards and controls for the redevelopment and renewal of properties within its boundaries. The house at 18 Crombie Street is wholly within the boundaries of Heritage Plaza West. The legislative purpose of G.L. c. 121B is to promote sound community growth. Bo stgn Redevelopment Authority v. Charles River Park "C" Company, 21 Mass. App. Ct. 777,. 783 (1986). Included among the powers of the SRA within the Heritage Plaza West area is the oversight of demolition and removal of buildings and improvements. See G.L. c. 12113, sec. 46(b). This case principally is an action in the nature of certiorari under G.L. c. 249, sec. 4. It lies only where the petitioner, here Holyoke Square, has exhausted all administrative remedies. Carnpy v. 8 5.prinefield, 403 Mass. 604, 605 (1988). In a certiorari Case a Court will correct only a substantial crror of law, evidenced by the recurd, which adversely affects the material rights of the plaintiff. )a. In doing so, the Court may only rectify those errors of law "which have resulted in manifest injustice to the plaintiff or which have adversely affected the real interests of the general public." Id. UG-01-97 11 : 35 FROM: ID, - PAGE 13 12 Holyoke Square argues, and the Court agrees, that the scope of judicial review in an action in the nature of certiorari is whether there was substantial evidence to support the SRA's decision, citing Boston bison Co. v. Bton Redevelgytn0 Authty ori , 374 Mass. 37, 47 54 Dm= (1977). See also t)oherty v• Retirement Board of Medford, 425 Mass. 130, 135 (1997), penrvolent and protective Order of Elks v. Plannin¢ Board of Lawrence, 403 Mass. 531, 539-543 (1988). "Substantial evidence" is such evidence "as a reasonable mind might accept as adequate to support a conclusion." Jordan Marsh .o. v. tabor Relations .om ission, 316 Mass. 748, 756 (1944). Under the substantial evidence test, however, a reviewing court is not empowered to make a " novo determination of the facts, to make credibility choices, or to draw different inferences from the facts found by the agency. Dohe V. R tdMM nt Board -of Medford, suora, 425 Mass. at 135. "When the contention is made that an agency has acted arbitrarily or capriciously, or that the agency had abused its discretion, . . . , the aggrieved party making the contention is fundamentally charging that the agency's decision for one reason or another is unreasonable." Cella, Adini_nislrative L'w and Practice, 40 M.P.S. sec. 1574. Although it is a close issue, this Court cannot, and does not, find that as a matter of law there was insufficient evidence in May of 1991 to support the SRA's decision or that it was abitrary or capricious in its conclusion to 7-01-'97 11 . 35 FROM foe PAGE 14 .. l3 deny the application to demolish the property at 18 Crombie Street.2 Although not part of a c. 40C historic district, it cannot be said that there wasn't ample evidence of historical interest in the property. Further, the Inspector had not then, nor has he now, found the property to be so dangerous as to order it demolished or repaired. Additionally, Holyoke Square's lack of a plan for the site, other than expanding a parking lot and landbanking, cannot be overlooked. Holyoke Square also poses the possibility that the SRA's action has the effect of an administrative taking of the 18 Crombie Street property because it prevents the preferred use thereof by its owner. The Supreme Judicial Court spoke on this subject just days ago. Its decision in Daddario v. Cape Cgd Commission, 425 Mass. 411 (1997) provides the answer to why there is no administrative taking here. It said that (tJhis court has repeatedly recognized that government regulations "may deprive an owner of a beneficial property use -- even the most beneficial such use -- without rendering the regulation an unconstitutional taking." . . . "Land use planning is not an all-or-nothing proposition. A government entity is not required to permit a landowner to develop property to [the] full extent he might desire or be charged with an unconstitutional taking of the property." . . . That all alternative, permissable use might be less profitable is not determinative. Id. at 416-417 2 Holyoke Square contends, among other things, and the then Chair of the SRA seems to have conceded, that in voting to deny the application, the SRA applied a different standard of russunsbleness to Holyoke Square's request because it was it corporation rather than an individual. The Chair admitted that the SRA felt that it would have a right to expect Holyoke Square to expend more money on restoration of the house than it would expect of an individual owner. This attitude by the SRA is to he condemned. All citizen, rich and p,xx, corporate or individupl, come before the government with aqual standing and are entitled by our Constitutions, State and Federal, to equal treatment. This Court will tolerate nothing less. Having stated its position, however, the Court still finds sufficient evidence to xupport the SRA'a decision and concludes that its determination was not unduly affected by its improper assumption that it could expect more from it corporation than an individual. G-01-97 11 . 36 FROM: ID= PAGE 16 - 14 The Case againct the Building InaDOClor and the State Bolding Code Appeals Board The challenge to the decision of the State Building Code Appeals Board is governed by G.L. c. 30A, sec. 14. The Court is required to give due weight to the expertise, technical competence and specialized knowledge of the agency, as well as the discretionary authority conferred upon it. C.L. c. 30A, sec. 14(7). Similar to the law applicable to the certiorari claim, the Court may not make a & novo determination of the facts or draw different inferences than the agency. VaUMM kan. v. Alcoholic Beveraees Contnll Commission, 401 Mass. 347, 351 (1987) Nor may it substitute its judgment for that of the board. Southr,rn Worcester Rawnal Srhnnl District v. Labor Relations Commission, 386 Mass. 414. 420-421 (1982). "in the absence of clear error, the interpretation an administrative body gives to its own rule is entitled to deference." Purity Syvreme Inc. v. Attorney General, 380 Mass. 762, 782 - (1980). In challenging the Appeals Board's decision, Holyoke Square has the burden of demonstrating the invalidity of the Appeals Board's ruling, Paithss mbIy of God v. State Building Code Commission, 11 Mass. App. Ct. 333, 335 (1981), and the Court must apply all rational presumptions in favor of the validity of the administrative action. Lona v. Commissioner of Public safety, 26 Mass. App. Ct. 61, 65 (1988). The Appeals Board's decision is subject to reversal only if it is based -on an error of law, is unsupported by substantial evidence, or is abitrary or capricious, an abuse of discretion, or otherwise not in ID. PAGE IB :-01.-97 11 . 37 FROM, _ 15 Cella, Pr i _ r ante with law. e Administrative Law and aCt CC, 40 M.P.S. accordance r d sec. 1567. Holyoke Square contends that the Appeals Board, and the Inspector, both committed legal error when they concluded that the building at 18 Crombie Street had to be in imminent danger of collapse, and it was not, although all parties had acknowledged the building's deteriorating condition. Holyoke Square points out, correctly, that the statute, G.L. c. 143, sec. 6, does not require that a building be in an "imminent" danger of collapse before the local Building Inspector should issue a demolition or repair order.3 See, g,1:., $ibeiro v. Town of Granby_, 395 Mass. 608, 612 (1985). The pertinent language of G.L. c. 143, sec. 6 reads: The local inspector, immediately upon being informed by report or otherwise that a building . . . in that city or town is dangerous to life or limb or that any building in that city or town is unused, uninhabited or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner, . . . , to remove it or make it safe if it aooears to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned or open to the weather. . . . (Emphasis added). This case is unusual in that the owner, Holyoke Square, is seeking to Have the Inspector directed to order it to demolish its own building. The more usual course is for an owner to resist and appeal from such an order. No cases suggesting when the Inspector must order a building to be demolished have been brought to the attention of the Court, or found 3 The fact that IS Crombie Street was not in imminent danger of cullapse in August of 1991 is borne out by the fact that it is still standing as of the date of these findings and rulings in July of 1997. despite no preservative action by its owner in the meantime. 3-01197 11 : 37 FROM: [D: FACE 17 ., 16 by it. Nor do there seem to be any appellate decisions on the meaning of when a building is "dangerous" as that word is used in G.L. c. 143, sec. 6. Webster's Thial Dictionary defines "dangerous" as "exposing to danger: involving risk: demanding caution or care as extremely unsafe: HAZARDOUS, PERILOUS." The Oxford-En" Dictionary posits: "fraught with danger or risk; causing or occasioning danger; perilous, hazardous, risky, unsafe." A vessel is considered dangerous or unseaworthy when it is unfit for its intended purpose. ELtttffl v• AA & V. Fishing, Inc., 887 F. Supp. 26 (D. Mass. 1995). On the other hand, a fire-eating act in a hotel was found not "abnormally dangerous," Th4mal= v. h"arriott Coro., 880 F. Supp. 74 (D. Mass. 1995), while a shopping cart with a broken wheel in a supermarket was. Cronin v. I.G.A. _,00AJi=, 55 Mass. App. Dec. 158 (1974). The point is that what is "dangerous" has varied meanings in different contexts. Certainly, 18 Crombie Street today, at least in its interior, is unfit for its intended purpose, and it undoubtedly was in August of 1991. its exterior also is desperately in need of corrective work. The Court cannot, however, say that it is now, or was then, "dangerous" to die public in general, as opposed to occupants of the building. This is not because the Court has no view on the subject, but rather because it is the determination by the Inspector, not the Court, that is under review. The Court, on the evidence presented, including its own view of the property in 1997, cannot rule that the Inspector abused his important discretion in concluding, with his special expertise, that 18 Crombie FACE 10 ID. -01-97 11 . 39 FROM' 17 Street was not dangerous "to the well-being of pedestrians in the area," to use the words chosen by Holyoke Square's architects, in 1991. See, 3 3UM. The matter before the Inspector was not, after all, whether to issue a certificate of occupancy. Nor can the Court conclude that the Appeals Board was wrong in affirming the Inspector's conclusion. There was "substantial evidence," as that phrase is employed in the appellate decisions, to support the declination to issue a demolish or repair order. ks relief under the certiorari Insofar as Holyoke Square see statute, its claim fails because certorari is only available to correct errors of law that are not otherwise reviewable. See Cairnev v. aWin&Ldd, =a, 403 Mass. at 605, Holyoke Square's c. 30A appeal was the appropriate course to follow. See, e.g., She Pmt rodcee Inc, V. .. .•__ r ,tp e.,., plc Board, 20 Mass. App. Ct, 271, 272 (1985). Certiorari does not lie here. Holyoke Square also seeks a declaratory judgment to the effect that a demolish or repair order by the Inspector cannot be overruled or countermanded by the SRA. This may well be the law in the context of an order under G.L. C. 143, sec. 6. The Court's previous statement notwithstanding however, the issue on which the declaration is sought has not been shown to be Ute subject of a dispute between the SRA and Ute Inspector. Certainly, no such controversy is presently before a vehicle Court. See G.L. c. 231A, sec. I. "Dectaratory judgment, . . . , o for resolving actual, not hypothetical, controversies.'" Boa1o� n Herald, IM, v. Su D oartment of the Trih_._CsUrs, 421 Mass. 502, 504 (1995). Thus, the hands of the next judge to hear U1is issue, when and if :-01=97 11 . 39 FROM, ID, PAGE 19 18 it ever arises, or the hands of this Court if it is that next judge, should not be tied by this non-disposition of the issue today. No declaratory judgment shall be rendered. ORDER EOR JI WijV EM V In case number 91-2352-A judgment shall be entered for the defendant dismissing all counts of the complaint. In case number 92-0688-A judgment shall be entered for the defendants dismissing all counts of the complaint.4 Allan van Gestel Justice of the Superior Court DATED: July 30, 1997 4 The Court is well aware, and regrets, that the foregoing disposition of these two cases dues little to resolve the underlying issue of the fate of the building at 18 Crombie Street in Salem. The City seeks to preserve the building for historical purposes, but has declined to take it by eminent domain or even establish the area as an historic district under G.L. c. 40C. 'lite City seems to hope that it can -- unfairly in the Court's view -- force Holyoke Square to do the public's work, at Holyoke Square's private expense, and repair and restore the building. Hoiyoke Square, which presumably bought the building with its eyes wide open, cannot be forced to make repairs and can, if it chooses. continue to allow the building to deteriorete until such time as the Building Inspector must do more than look the other way and issue a demolish or repair order under G.L. c. 143, sec. 6. Neither Holyoke Square nor the citizens of Salem have gained much frim this seemingly endless legal odyssey. But the Court can do no more -- and should du no mom -- than decide the issues brought before it as the law dictates. ql -2 �5� HOLYOKE SQUARE, INC. „ Plaintiffs) .................................................................. ................ V. SALEM REDEVELOPMENT AUTHORITY Defendent6) ........................................................... JUDGMENT ON ALL COUNTS This action came on for (trial) van Gestel,o before the court, J' presiding, and the issues having been duly (tried) (board) and findings having been duly rendered, It is Onnsnm and ADJvDaro. #"V4hwV"Ktiffxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxn mwporxebtthe Y"Ntw p,nxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxakemm wi*xxxxxxxxxxxxxxxxxxxx WMXN r4wdw wtmaxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxrtnAtxautxekfxxxxxxxxxxxxxxx x�t�tpt6�4dc>g�gxit►�ui>otitdthkx:roc�rcakmrottett.) (that the plaintiff Holyoke Square, Inc. take nothing, that the action be dismissed on the merits, and that the defendant Salem Redevelopment Authorityreeover of the plaintiff Holyoke Square, Inc, its AAs costs of action.) Dated at Peabody Massachusetts, this 30th day of July 1997.. nt Clerk C MRCP Form 32 7-743000 D -01-97 11 . 39 FROM, ID, FACE 21 114, COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION No. 92-688B HOLYOKE SQUARE, INC Plaintiffs) ..................................................... v. STATE BUILDING CODE APPEALS BOARD., 1._..ET,AL..........I....... Defendant(s) JUD(;MENT N ALL COUNTS This action came on for (trial) )p64f Fj*) before the court, van Gestel , J. presiding, and the issues having been duly (tried)xpbt)sfsd) and findings having been duly rendered, It i• C)anpwa ...,I An..mr-,+- (411w** "Kxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx4*UP wtx*d* d(g Rxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx=YX%kgxlttwag*xxxxxxxxxxxxxxxxxxx, ..�..,,.� xxx,... .,. _ --ti..,.,.-------- (that the plaintiff Holyoke Square. inc. take net}deg, tL-t tb- .- — be dlumioed on the merits, and that the defendants State bldg. code Appeala 8d. . recover of the et al plaintiff Holyoke Square, Inc. their Alls costs of action.) Dated at Peabody , Massachusetts, this 30th day of July 18 97 . 4.l .......... ... t. �. ............ As ant Clerk MIIC►Fars,1r 7-74-5000 0 AGREEMENT THIS AGREEMENT, made this day of October, 1985 by and between Robert B. Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem, Massachusetts, (hereinafter referred to as OWNER), the CITY OF SALEM, a municipal corporation (hereinafter referred to as "CITY"), and the SALEM REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to the provisions of the Housing be Urban Renewal Law of the Commonwealth of Massachusetts and having its usual place of business in Salem, (hereinafter referred to as "AUTHORITY"). WHEREAS, the OWNERS are the record title Owner of fee simple title to real property situated at 13 Crombie Street, Salem , (see South Essex District Registry of • Deeds, Book 7872, Page 018 attached as Exhibit "A"), on which there is situated a structure of architectural significance; and WHEREAS, said real property is located in the Urban Renewal Project Area known as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem; .and , WHEREAS, the CITY and the AUTHORITY have executed a Cooperation Agreement, dated March 7, 1979, in which the CITY delegates to the AUTHORITY, and the AUTHORITY agrees to undertake responsibilities with regard to the implementation of Heritage Plaza West Urban Renewal Project, and WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the said Urban Renewal Project Area which contains standards for exterior appearance to be imposed on all structures designated for historic and/or architectural preservation requiring, among other things, the acquisition and/or retention of facade easements over individual properties by the AUTHORITY as a stimulus to preservation activities. NOW, THEREFORE, in recognition of the foregoing and in consideration of the premises, mutual promises, obligations, covenants and restrictions hereinafter defined, the parties hereto agree as follows: ARTICLE I: Design Review and Rehabilitation Program The OWNER shall furnish, perform, and complete all work in accordance with the SCOPE OF WORK for 13 Crombie Street attached as Exhibit "B" which has been approved by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished or installed upon or in connection with the exterior of the structure shall be performed in a good workmanlike manner. ARTICLE II: DEED OF EASEMENT Upon completion of the work by the OWNER, the OWNER agrees to execute a Deed of Easement substantially in the form attached hereto as Exhibit "C", which instrument is • to be recorded with said Registry of Deeds. In consideration of the grant of the Deed of Easement, the CITY agrees to pay to the OWNER a sum 50% of the construction costs of the Scope of Work (Exhibit "B") but not to exceed twelve thousand, four hundred dollars ($12,400.00). Said sum shall be paid only upon completion of the work to the satisfaction and approval of the Authority. ARTICLE III: Timetable for Construction Rehabilitation work shall commence on or before June 1, 1985 and shall be completed no later than six (6) months from the date of commencement of work unless prevented by strike, accident, weather or other reasonable cause in which case the parties shall negotiate a time extension. ARTICLE IV: Changes in Work Any changes in the scope of work described in Article I above shall be submitted by the OWNER to the AUTHORITY prior to the change being made by the OWNER . The AUTHORITY shall give written notice approving said changes and stating reciprocal changes in other aspects of this Agreement, including the amount of the grant or shall reject such changes and shall state the reasons for such rejection. • ARTICLE V: Final Approval of Construction The AUTHORITY reserves the right to make inspection of the completed construction and to require remedial action by the OWNER when construction is not in compliance with the work.described and referenced to in Article I of this Agreement. The AUTHORITY, as agent of the City, shall also have the right to require of the OWNER any records or documents as may be necessary to verify the final construction cost. ARTICLE VI: Noncompliance by the Owner In the event the OWNER does not faithfully meet his obligations under this Agreement, the AUTHORITY and the CITY shall have the right to reduce or abolish the CITY's contribution under Article II of this Agreement. a ARTICLE VII: Time and Manner of Payment The OWNER shall submit written notice of completion to the AUTHORITY. The . AUTHORITY shall within fourteen (14) days from the date of receipt of said Notice make its determination under Article V herein. The CITY upon the issuance of final approval by the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this Agreement within sixty (60) days of the receipt of said final approval. .ARTICLE VIII: Indemnification The OWNER shall assume all risk of and shall save harmless, defend and indemnify:. the AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages which may in any manner be imposed on or incurred by the AUTHORITY or the CITY as a consequence of or arising out of the CITY's contribution to the cost of the work caused to be done by the OWNER to achieve the rehabilitation of the exterior of said structure. ARTICLE IX: Assignability The OWNER shall not transfer any interest in this Agreement without prior written consent of the AUTHORITY and the CITY. • ARTICLE X: Nondiscrimination The OWNER shall not discriminate against any tenant or employee or applicant for tenancy or employment because of race, color, religion, sex, age, or national origin. • ARTICLE XI: Amendment Purposes This instrument contains the entire and exclusive agreement between the parties and supersedes and terminates all prior or contemperaneous arrangements, understandings, and agreements, either oral or written. This AGREEMENT may not be amended or modified, except by a writing executed in the same manner as herein by all parties. IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER have caused this Agreement to be executed in three original copies on the day and year first above written. CITY OF SALEM: SALEM REDEVELOPMENT AUTHORITY: Gerard Kavanaugh City Planner Joan M. Boudreau, Chairman OWNER: Robert B. Wall, Owner Ruth G. Wall, Owner Funds have been appropriated for this purpose under Community Development Richard Hingston, City Auditor Approved as to legal form and character: Michael E. O'Brien City Solicitor EXHIBIT "A" 40151;75"2 N(( 01.b 11 O-U-I-T-C=6-A-I__H D-E-E-D The CROMBIE STREET CONGREGATIONAL CHURCH OF SALEM, a Massachu- setts religious corporation, for consideration paid of SEVENTY THCUSAND DOLLARS (=70,000.00), grant to ROBERT B. WALL and RUTH S. WALL, husband and wife, as tenants by the entirety, , ;:t with QUITCLAIM CONVENANTS, , the land known as and at 13 CrOmble Street in Salem, Essex County, Massa_ chuzetts, with the buildings and improvements thereon, bounded and de_ scribed as C011owsl NORTHERLY by land now or formerly of the grantor, and formerly of Joel Bowker, seventy-four feet, nine inches (741 9"), more or less; SOUTHERLY by land now or late of Pomeroy and Page, seventy-four feet, six Inches (74, 6"), more or less; a EASTSRLY by land now orformerl of the Bowker, twent y grantor, and formerly Of yeight feet, three Inches (28' 3"), more or less; and WESTERLY three Iche (29' 3" ). moreeor less;et yorihowevertotherwisenbounded, Containing 2105 square feet of lar:•=, more or less. mt • CromDSeStreet Congr gational Church ofFor Grantor-3 title Salem, datedeed of April 4, 194 n and9 - recorded with Essex South District Registry Of Deeds, Book 3290, page 77, 1985. Executed as an Instrument under seal this 75th day of August e r—n—i, CROMBIE STREE7 CONGREGATIONAL tiSI9.1 -_•:, CNWR:B_ or.SALEM a -i( - '. 7I( �T.5).��$R�„�.�.� Chairman of Board usteea CA By Treasurer Commonwealth of r: ss• use tis Essex,as August 15th, 1985 Then personally appeared the above-named Crombie Street Congre- gational Church of Salem, by and through R. Jean Redwine, ami Chairman of its Board of Trustees, and James A. Stone, Its Treasurer, Doth hereunto duly authorized, both known to me, and ack foregoing instrument to be edged the `4 free act and deed of said'� eckporatfon, before me. William H. K. Donaldson Notary Public < My commission expires April 17, 1992 Documentary Stamps 3 159.60 s EXHIBIT "B" FACADE AGREEEMENT DATE: July 10, 1985 SCOPE OF THE WORK NAME: Robert B. Wall and Ruth G. Wall ADDRESS: 13 Crombie St., Salem, Mass. 01970 JOB DESCRIPTION NOTE: The Contractor shall: 1) Jack house where required. Remove up to 50% of the existing house sills where rotted. Replace with pressure treated or preserved timbers, or PT laminated stock. 2) Point bricks where necessary, upper section of foundation. Rebuild left front corner i6foundation. Poured concrete where required at upper section of foundation. 3) Rip off all clapboard and corner trim up to frieze board, including water tables, not including window or door trim and molding. Dispose of old wood. 4) Remove and replace any rotted sheathing with ledger board sheathing, up to 30% of total sq. footage of house. 5) Repair left rear corner post by means of lap joint about 4' from ground. Note: Subject to Building Dept. approval. 6) Replace one window sill in middle room downstairs. 7) Replace kitchen door threshold with a hard pine threshold. 8) Install owners' red cedar clapboards over existing clapboard areas. Prep over TYVEK barrier. Note: 90% of clapboard coverage to be purchased with Yax6x10' lengths or longer. Max. exposure of clapboard to be 4Yz". Install drip edge over doors and windows where new. siding is applied. 9) Replace facia on south side of house. 10) Stain entire house 2 coats of Ben Moore or equivalent oil base. Paint windows one coat Ben Moore oil base paint after glazing. Paint doors, thresholds, window sills. I IoRepair 2 entrance doors. 12) Blow in celulouse insulation along entire outer wall perimeter of house. 13) Take care not to damage existing windows, doors, plaster walls, and ceilings as work progresses. 14) .Install one No. HRW 2-6, Mfg. Brosco, Yz round window over one 6-pane wooden casement in attic wall facing back yard. 15) Install one No. SV 13, Mfg. Roto RO2247, roof window on line side of house roof. TOTAL $25,430.00 NOTE: Prior to start of construction, contractor will be unable to determine the condition of the corner posts except for the one at the left rear corner. If repair or replacement is o necessary, there will be a cost of $20.00 per man hour plus materials and 10%. • EXHIBIT "C" THIS DEED OF EASEMENT, made this day of 1985, between Robert B. Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem, Massachusetts, and described and recorded in the South Essex District Registry of Deeds, Book 7872, Page 018, hereinafter called the "Grantor" and the SALEM I ' REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to the provisions of the Housing and Urban Renewal Law of the Commonwealth of Massachusetts, appearing in Massachusetts General Laws, Ter. Ed., Chapter 121B; and having its usual place of business in Salem, hereinafter called the "Authority", its successors and assigns; WHEREAS, the Grantors have entered into an Agreement dated October , 1985 with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of the easement herein set forth; and WHEREAS, the Authority has undertaken the Heritage Plaza-West Urban Renewal Project in the City of Salem, which provides for among other things, the preservation and •restoration of historic and architectural values associated with structures and areas within the Project Area; and WHEREAS, the said Urban Renewal Project imposes standards for exterior appearance to be imposed on all structures designated for historic and/or architectural preservation requiring, among other things, the acquisition and/or retention of facade easements over individual properties by the Authority as a stimulus to preservation activities; and WHEREAS, the Grantor is the owner and holder of record of fee simple title to . certain real property located in the Urban Renewal Project Area and situated at 13 Crombie Street in said Salem, on which there is situated a structure of architectural significance and value, said premises being bounded and described as as set forth in a deed recorded in the South Essex District Registry of Deeds Book 7872, Page 018, bounded and described as follows: NORTHERLY by land now or formerly of the grantor, and formerly of•Joel Bowker, seventy-four feet, nine inches (741-99, more or less; SOUTHERLY by land now or late of Pomeroy and Page, seventy-four feet, six inches (74'-611), EASTERLY by land now or formerly of the grantor, and formerly of Bowker, twenty-eight feet, three inches (28'-311), more or less; and 4 WESTERLY by Crombie Street twenty-eight feet, three inches (281-31% more or less; or however otherwise bounded. Said premises contain 2,105 square feet of land more or less. NOW THEREFORE, in recognition of the foregoing and in consideration of the Premises, mutual promises, obligations, covenants and restrictions hereinafter defined, the parties hereto agree as follows: 1. The Grantors do hereby grant and convey to the Authority an easement in gross. (known as a facade easement) over the exterior appearance of the structure situated on the hereinbefore described premises. The Grantors will furnish and install pursuant to said Agreement dated October , 1985, upon or in connection with the exterior of the structure all additions, improvements, alterations, repairs, and services in accordance with the construction plan for the rehabilitation, restoration and preservation of the exterior appearance of said structure, which plan is on file in the office of the Building Inspector of the City of Salem and the office of the Authority. The Grantor covenants and agrees that the exterior appearance of said structure shall be maintained and preserved in its completed state. The facade easement herein granted shall further permit the • Authority and its representatives, agents and/or employees to enter the property but not the building situated thereon, thereafter whenever and to the extent reasonably . necessary for the purpose only of inspection and enforcement of the covenants and the terms of the easement granted herein which the Authority is hereby entitled to enforce in any court of competent jurisdiction. In the event of any default or failure, thereafter, on the part of the Grantors to so maintain and preserve the exterior appearance of such structure, whether in whole or in part, whether by omission or departure from the standard and specifications hereinbefore designated, the Authority shall have the right, ' power and authority at its election, after refusal or neglect by the Grantors to correct such default or failure following a ninety (90) day notice to do so by the Authority, to exercise the Grantors unfulfilled obligations hereunder including the right to remedy any and all defective performance on the Grantors part and to charge the cost thereof to the Grantors. 2. The structural changes, alterations, additions, or improvements over the . exterior appearance of the structure as would not in the opinion of the Authority fundamentally alter its character or its setting may be made thereto by the Grantors providing that the prior written approval of the Authority to such change, alteration or improvements shall have been obtained, which approval shall not be unreasonably •withheld. The Authority shall act upon a written request by the Grantors for such approval within thirty (30) days of its receipt and shall give notice of any disapproval to the Grantors in writing with reasons. If a request for approval is not disapproved by the Authority within thirty (30) days, it shall be deemed approved. In case of disapproval the Grantors may within thirty (30) days after notice of disapproval request a review of the disapproval by a person of competence and experience in such matters, designated by the Salem Historical Commission or its chairman or acting chairman. The finding of this review shall be binding on the Grantors and the Authority. The cost, if any, of such review shall be shared equally by the Grantors and the Authority. • 3. In case of damage by fire or other casualty so serious as to cause reconstruction to be reasonably adjudged to be impractical, this easement, together with all covenants, obligations, and.restrictions herein recited shall terminate and otherwise shall remain in effect without limit to time. 4. The Authority in its discretion may erect a single marker or sign not exceeding one (1) foot by one (1) foot, which states the name of the Authority and advises that the Authority owns the easement granted herein. 5. The covenants agreed to and the restrictions imposed, as aforesaid, shall not only be binding upon the Grantors but also other successors to them in interest and shall continue as a servitude running with the land in perpetuity with the above-described premises and shall survive any termination of the Authority's existence. All rights 4 reserved herein to the Authority may be exercised, modified, or released by its successors or assigns or by its designee duly authorized in a deed or appointment executed by its Chairman. WITNESS our hands and seal this day of _, 1985. WITNESS: Robert B. Wall, Owner Ruth G. Wall, Owner ACCEPTED: SALEM REDEVELOPMENT AUTHORITY BY Gerard Kavanaugh COMMONWEALTH OF MASSACHUSETTS Essex, ss. 21985 Then personally appeared the above-named Robert B. Wall and Ruth G. Wall, Owners of 13 Crombie Street and acknowledged the foregoing instrument to be their free act and deed, before me, Notary Public My Commission Expires: I , 4 `.1 4 Salem in 1700 Starting from the Essex street end, the corner lot was b,gs No,2 owned by Colonel John Hathorne and by him conveyed to Henja-1 xu Y Crombie Street, min Marston in 1699. Possibly part of the Crombie street lkr `' east side Church is on the southern edge of Marston' s land, is Nos.9-17 certainly on the western side of the Jonathan Corwinoproper- r, see also 26 Mill t whose y grandson George owned'd thb eastern side on the pres- s; & 31 Charter Sts .ent Washington street. There was a house on the southern cor- ner of the George Corwin land and his tomb was in the south eastern corner of Jonathan's land. George was the Sheriff in 4 the witchcraft trial and they did not dare to put his body in e the tomb until the furor had abated. Jonathan had no house Yf, on his land but Benjamin Marston probably built one about 1708, Benjamin, born in 1651 was the son of John and Mary (Chisholm) Marston and he married Abigail, baptized in 1655, daughter of Hilliard Veren who died after 1692. He married `•. ' � again Patience, , and he died in Ireland in 1726. In 1837 and certainly earlier Joel Bowker jr, born in 1806, son of 0 cna �`' Joel born in 1775 died in 1830, married in 1802, Eunice �Y 4 Pearson, born in 1780, died in 1808, was living here, His ( ' P � .. father had married in 1808 Margaret Rogers of Ipswich, born „P. in 1780: died in 1$18 and he died in 1830. Joel jr married in 1828 Leafy Cur tris of Scituate, daughter of Joseph and Polly R ! 4 Bowker. Joel jr was there until 1859 or 1860 when he died f. g , and thew idow and his sons George and Charles the former z,. born in 1824, the latterSs birth not recorded, lived here with t4 heir mother who seems to have died before 1863 and Charles at that time had removed to -" 4 Essex street. George, who does not appear to have married, probably died about 1903A and Charles in 1913, unmarried, The family is numerous in Scituate. The map of 1874 shows George as the owner of No. 9 with a large plot of land to the east and south of the house, still standing. I10.13 & 15 In the south west corner on Crombie street are two narrow lots, the northerncone owned by the heirs of Joel Bowker, the southern one by Pemberton) Hale of Newburyport, who 11-id ht _i1 Cambridge street. He was born in 1805, married in 1830 a. Martha Ford, parents unknown. She died in 1842 ae 31 and he Viz. married in 1845 Lydia Toppand Hale, born in 1811, daughter ri of Moses and Susanna (Toppan)'Hale:of-Nebburyport : ",In 1881 A Samuel Pearce Richardson born in 1827, son of Rev. Phineas fi and Sarah (Pratt ) Richardson of Methuen (and as a Baptist 'k minister, of many other places) married in 1858 Susan Rogers, x, daughter of John and Leafy (Curtis) Bowker, was living with Mrs George Bowker. Richardson died in 1906 and the family still live there(1939) ATo.17 On the 1874 map No,17 is said to be owned by the heirs of T(imothy) Bryant. Be, however, lived in his house at 31 Char- ter street until his death about 1869 (q.v. ) , and the house here was occupied by brief tenants. i` a+ . [' - *s fix_ Neg. Sike, escription 77� Size Positive w A 1 r der XOroj 6 92 Ll ;ski r y. �• — �� '� � .� ' it� �.s�� e'!. I� ��44 1. �{, I !� 3 � byiR x .r� •`�'rR ge • � � _-.k i,,,..r. W'II�,Y+j&m'Je.. f-- .y4 ��1l i F 1`.. (� � Mi✓F yp{..Y,�?c v" fi Ir ghT/ ";V� ..� ' .�Ny 'Ti54`!°nvw 4�f•.i•. rt�jSO ; ,Fr ,'.sh z .. e .o-,;t ....S.ryy��,i�`<.r ."sw .x,3, w,!:h;w,..xd„T'3'yzti . 4N',-3e+"Okks, .vw� ic<<pb.nSe3,..i.. .:.vr. . .. r...J.' s� RQ.a 4�I M r' B � �� +. N �' Q� t V � CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT GERARD KAVANAUGH ONE SALEM GREEN CITY PLANNER � 1` - 01970 i ,yam r (617) 744.4580 May 13, 1985 Ms. Ruth Wall 13 Crombie St. Salem, MA 01970 Dear Ruth: I enjoyed seeing your house on Friday; you' ll have something wonderful when it's all done. I've looked at both semi-circular fanlights and round-headed windows for your attic: . I think the semi-circular window works best from a • design standpoint. The round-headed windows look a little awkward. Also, the semi-circular fanlight may be cheaper because there is a stock item made by Brosco (see attached page from the Brosco catalogue) . The Brosco window, however, may be too small and you may have to have something custom built. I' ve enclosed some pictures of houses in Salem so you can get an idea of how these windows would actually look. 2 Cedar St. is the closest example to your house. The round-headed windows on the Chestnut St. house sit in a low-pitched roof and that may be why they look more comfortable. Manchester Lite is a local company that makes custom windows. You can probably find somebody cheaper if you look around more. Good luck with your house. Please call if I can be of further assistance. I'ld love to see the finished product. I: Sincerely, a I ago Debbie Hilbert Preservation Planner • Encs. Lxwr�•" -4 >`.� p3'i?a 's -a GSd : - s } ,saz "'y, `.-c' r''c �("' ,�, � i{'-'�y x r�..,z,. / e da t'z•1 <-� ,.�-�w •iL-4"t- '�R^ 'FSK.�Ya.'' �. }g.+r x ..s^ "."C �--'f-r 1 "F ,. -{' '+w�tk� "a'm c�-y4'� �vn ec.'>�-'�.,.::"a..d.'y*'�,� r's �?,:'�f .-u`{o:.0 ��:`�SR•g`i� Ms 3x� +Nv,.rr '7,'�`" +qb 5.mg-�.�'�x y' -'ov�^'a-i - ;•n "s6 �f: s ?s-e� Co . C'i- fry rry I {S ruSCo p�dcf✓LYJ � DECORATIVE WINDOW UNITS �•I- I L ! '. ,_I � DECORATIVE WIN BEVELED INSULATING GLASS WITH THE LOOK OF LEADED GLASS Shown Positioned RW 1-6-9 (REFI �� -� — \, Circle Frame and Sash Circ Horizontally (Replaces M 261) I;; Glazed 1 Light 1 ' Single Thick Glass Sash / - I with Removable Wood Grille i l r OVB-5 HRB-3D Ova! Frame and Sash Shown Half Circ If Sash Oval on both the outside and inside Positioned. Half Round on bothT7W Owl Vertically the outside and inside ' rum —__ Showing Unit Design Number Rough Opening Unit Dimensions Jamb Witlth r SASH CLOSED RV 1.11 Il Ventilite Circle Frar. OVB-5(Horizontal) 2'91/a"x 1'-91/." 2'10%"x 1'-30'/." 33f:' (Replaces N: Ob55(Vertical) 1'91/a"x2'-91/," 1'-30'/."x2'101'" 3Mi' �- Single Thick Glass C fiRB-30 3'-21/2"x 1'-91/a" 31- 4" x Y. 9'/." 2%" 111 - IJJ The top outside sash is fixed. The inner sash is z and glass in lower'hal',. Sash rotates on sealed-i; All Decorative Window Units are completely set-up with brickmould outside casing primed on l • exterior, natural on interior and tartan packed. Ji INTERIOR TRIM Option includes Extension Jambs for 5" Wall � 0E4 Trim Design No. Profile For Unit Number J \�z / OV Colonial _ f Shown Positioned Shown Positioned OV Modern --- _ OVB 5 Ir l for Rectangular Lights for Diamond Lights HRB-1 Colonial HRB-30 1 OWI 18 HRB 1 Modern — _ - 111 Octagonal Frame Glazed 1 Light Insulating Glass with Removable Wood Grille Units #OWI 1-8 and *OW 1-30 are Octagonal Ei Nr PKK-30 \ Cr. SRW 7_` Unit Design Number Rough Opening �. HRW 2-6 WOV4 yC , RV 1-11 2'- 2" I RW 2.0 2,. 2„ Half Circ and Sash o.k 4➢' /,.. t (Replaces M-256) RW 1-6.9 1'- 83/a" r S Single Thick Glass T— �IdOWI 1.8 1'-10"x1' 10' Glazed in Bars -� LLL OW 1.10 1'.113/e"x "-112/1"Half Round Outside, Square Inside n(A��A(A(A� 5{Vel Gy' Il Ij_. All Gable Window Units are completely set-up wi �_d exterior, natural on intens y t41r. Unit Design Number Rough Opening Unit Dimensions Jamb Width Trim Design Nc HRW 2-6 2''8 1/a"x 1'-81/c" 2'-10"x 1'.o3/e•' 21/e" Cf- NR 3� ,C, INTERIOR TRIM Options 111 Colonize inCIUtlM Extension Jambs 111 Modern �( P(AJrlS r71/, for 5"Wali 1-6 Colonial .n vt,r 1.6 Motlern SEE NOTICE ON THIRD PAGE ! I I p��•VII:.3O SEE NOTICE ON VIJ.(A 7 I� +1. �-' ✓� � .- :s-. to`•t ct .n`�n�--K�t �=s.°a� ,..'�-''s` 7s-+r �y}j�J �'-' s g fey _ fort .� `. ti x� k 4j K b tti 'xAM1� A K 'Zgl '• Prime (Replacement) Windows Wood Epoxies 1 The =1 rule when ordering prime or A. Epoxies, considered,superior to other • replacement windows is to measure care- fir 7' fillers can be used to stabilize and con fully. Dorsi assume that the topand bot• ., aotrdate decayed wood. (See,;page 86.). tom widths are equal. Custom windows i � CANNOT be returned. If you order in- h'lanufacturer of a e selechon•of� ` correctly, you'li have to adjust the win- - i dow opening, orsettlefora window that y epoxies such as Woodepox-1, $18Jg1 -(approx-mixed cost-epoxy is a two-part stands apart from surrounding windows. ,,product).",Mr. Capaioso will help-you Unfortunately, one-size-fits-all win- _ _._._ - dows, being easy to find,often result in •`choose the correct product; send a de--,,- 'tailed description of your requirements inappropriate replacements. Listed here .- �,All products sold direct. Abatron,Inc,,..: 4 are leading companies that will manufac- ture custom-size windows for you. For a A 60136-(312)r. Dept 36 in. x 62 in., double-hung window,ex- , u - -pect to pay $35$70 for custom sash; Marine supply, stores are a handy - window units (sash & frame) begin of + about$120. source for.wood epoxies Grt=Rot, a �. `� two art consohdatin -e o - i P g P XS' is SS-$7 .. Clear white pine stock parts are used F -'for4oz.Soklthrough:distributors nataon If , (for quick delivery) to make windows to ,1 wide:Free information.BoatLIFE,Inc your specifications. Custom sashes & 1 205 Sweet Hollow Rd-,Dept-OHJ Old '. special architectural shapes. Catalog,$2. 1 Bethpage,NY 11804::(516)454-0055 Drums Sash & Door Co., Inc., PO Box 207, Dept. OHJ, Drums, PA 18222. For landdodked "customers; here's a (717) 788-1145. =`mail-order.`source for BoatLIFE pro Prime & "self-storing" (upper sash , ,ducts. Catalog, $125. Defender Indus stoPrim shim windows made of Pon Maruin's own photo of their fanlight tries, 255 Main St. Dept. OHJ New derosa pine. Custom & stock sizes. topped production window. (Nice hat.) Rochelle,NY 10801.(914) 632.3001.' Double-hung or tilt-takeout balances ,s•ith 1 over 1,true-divided lights,or grill. =- DuMajor manufacturer concerned with Distributors throughout New England. Awnings • Free brochure. Wes-Pine Millworks, Inc., (re)fitting your windows with appro - Mng St., Dept. OHJ, West Hanover,MA priate or customized prime or storm 09339. (617) 878-2102. windows (even special architectural Traditional window awningsin canvas ,' shapes).Pine frames in a variety of styles and a variety of canvas-like materials. Primarily Colonial reproductions, in including double-hung,casement,&true- About$100:(installed)per window Free - J clear white pineal-in. sash only. No lit- divided lights. Free catalog. Distributors .information; they'll,guide you to thein, erature. Write or call. Smith, R.W., 67 throughout the U.S. & Canada. Marvin ;distributors nationwide. Astrup Co.,`> Main St., Dept. OHJ, North Orange,MA Windows, 8030 Cedar Ave., Dept OHJ 2937 W _25th St., Dept OHJ, Cleve- 01364. (617) 249.4988. Minneapolis,MN 55420.(800)346-5128. .Iand,OH 44113.(216)6962800 These companies custom-make win- Historical reproductions and custom Straight transom,fanlight,&:Pallatian dows in special architectural shapes, designs beginning at about $1,000. Bro- windows in single, double,or triple glaz- j such as sidelights and fanlights. ebure, $2. John Lavoie, PO Box 15, ing. A6out$850 fora 5-to6•ft.fanlight. Screens, storms, & prime windows in Dept. OHJ, Springfield, VT 05156. Brochure, $1. Woodatone Co., PO Box (802) 886-8253. 223,Patch Rd.,Dept. OHJ,Westminster many custom Anne, custom shapes, including Queen . � I fanlights, and VT 05158. (802) 722-4784 ;5 wov ch Gothic arches. Pine he AV frames sold in kit form with "everything" ex- cept the glass. Also a J good selection of old- fashioned, often hard- a to-find window hard- ware sash hinges c- 1 adjusters, channel fric- tion controls—even Manchester Lite—custom fanlight brass sash numbers 1- priced at $224 8• up 100. Catalog, $1.50. Custom window sashes & frames. ` Crawford's Old-House Stained or antique glass is available. Store, 301 McCall, CIRCLE KEAo Average price, $350. Free flyer. Man- Dept. OHJ, Waukesha, WI 53186. (414) chester Lite, PO Box 143, Dept. OHJ, 542.0134. Cameo window by John Lavoie Manchester,MA 01944.(617)526.4706. Il ii fN �:r✓ IhiS lot+I wmrgnY The Old-House Journal of rvur4-kci, `i� 94 M�Y b-e °` -caret April 1982 viftauw !. +vii he(p , t .'x g 'x•31 'ti'�'.S e:-�. �: L� 9 �Kf S f dWI Aa, yt i kr2.v NOW ., 4�YYaX� ��•p _ .��'8 f"fC r E i s ` 'v3 MM f SW r i