HomeMy WebLinkAbout1984-10-02 Abutter Comment DEF SUB TO: PLANNING BOARD, NORTH ANDOVER
FROM: JOHN P. CRONIN
RE: FORBES REALTY TRUST DEVELOPMENT ON MILL ROAD --
DETAILED STATEMENT OF DEVELOPER' S FAILURE TO COMPLY
WITH REGULATIONS
Gentlemen:
You have asked me to provide to you in writing a list
of the many violations of your Regulations by the Developers
regarding this proposed subdivision. The information which
follows is a summary of what I stated to you verbally at the
hearing held on August 6 , 1984 :
1. PRELIMINARY MATTERS AND SUBMISSION OF EXHIBITS: At
the public hearing, I submitted to the Board the following
exhibits which will again be referred to by me throughout
this memo:
A) Photocopy of Deed recorded with the Registry
of Deeds at Book 1769 , Page 28 , establishing the area which
" . . . shall be permanently restricted as a greenbelt area. "
No cutting of trees is to occur within that greenbelt area
and " . . ,no structures shall be erected in this area. " The
developer' s proposed road shown on the definitive plan goes
through a portion of this permanent greenbelt area and the
construction of the road and subdivision will require the
complete destruction of that greenbelt area including all
trees located within it. (Photocopy attached hereto as Exhibit
nA ) .
B) Photocopy of a Mortgage recorded with the Registry
of Deeds at Book 1769 , Page 36 , which contains the same language
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and confirms the existence of the permanent greenbelt area
restrictions. (Photocopy attached hereto as Exhibit "B" ) .
C) Photocopy of a Purchase and Sale Agreement dated
September 20 , 1983 which is recorded with the Registry of
Deeds at Book 1769 , Pages 29-33 . Paragraph 4 (e ) on the first
page of the Agreement provides that all rights, benefits,
limitations, restrictions , " . . .and rights of others resulting
from. . . " the greenbelt restriction will survive the transfer
of title. Paragraph (f ) of the "Additional Provisions" on
the fifth page of the Agreement states that " . . .the lot lines
affecting the lots herein shall not be materially altered. "
Said lot lines, however, would have to be radically altered
in order to locate the proposed road where the developer shows
it on the plan. Said Paragraph (f ) also requires 150 feet
of additional road frontage to be provided to Stephen Leone
" . . .by either: (1 ) transferring additional land on Mill Street
[or] . . . ( 2 ) building an approved road along the easterly boundary
of [Stephen Leone ' s land] . " The developer ' s proposed plan
igores both requirements of this recorded Agreement. It com-
pletely ignores the developer' s availabe and safe access on
the easterly boundary, and it attempts instead to establish
the disputed new road as an easier, cheaper, more dangerous,
and more destructive alternative to provide another builder/
developer with the additional road frontage . (Photocopy attached
hereto as Exhibit "C" ) .
D) At the hearing, I submitted a photocopy of a
page from the forthcoming book written by historian/author
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Steve Roper. Mr . Roper has conducted a historical survey
and inventory for the North Andover Historical Society. He
personally visited the site which is described in the book
and which is a significant portion of the land shown on the
proposed subdivision plan . As Z said to the Board at the
hearing, the new road as proposed by the builder, takes a
course which is probably the most destructive to the historical
assets and character of this valuable community asset. What
makes this particular destruction go beyond insensitivity
to utter senselessness is the fact that these rare and important
elements of the Town ' s character, attractiveness and history
once destroyed, can never be replaced. (Photocopy attached
hereto as Exhibit "D" ) .
E) T submitted to the Board at the hearing five
or six large black and white photographs which can be reviewed
to see not only some of the existing site features, but also
the direct and overwhelmingly impact the new road would have
on our home and family. You may recall that one of the photo-
graphs was taken across the street from our home at a point
which would be 20-40 feet into the new road. Yet, it gives
you some sense of the disastrous consequences to our home
that would result from this road and all of it' s traffic being
placed dead-center on our front doorstep. The actual impact
would, of course, be worse than is indicated by the photograph.
2 . STOPPING SIGHT DISTANCE: T have been told by an
engineer that the future road, as shown on this first plan,
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does not comply with the applicable regulations requiring
minimium line-of--sight or stopping sight distances. It is
my understanding that if this subdivision plan were to be
approved by the Board, it would permit the new road to be
installed at a location which does not comply with the safety
requirements establishing the stopping sight distance . Conse-
quently, the Board should vote to disapprove this plan as
submitted which proposes the road in an unsafe location in
violation of the applicable requirements. Rather than simply
move the proposed road to any one of approximately eight other
locations along their 450 feet of frontage on the existing
and established road, the subdividers instead have suggested
that, or at least are willing to go along with, a proposal
to radically alter and destroy the character of Mill Road
which has existed nearly unchanged for more than 250 yeas.
The Engineering Plan Number II 4 which is located in a manila
envelope in the back of the green brochure which accompanies
the definitive plan, shows that the line of sight to the east
of the new road can be accomplished only by destroying large
healthy trees, many of which may be public shade trees, which
require a public hearing prior to their elimination and, in
any event, all of which are located within that area of the
plan euphemistically identified as a "visual easement. " This
is the plan and the area of the plan to which I referred on
a number of occasions during the public hearing. This is
also the plan and the area of the plan which I asked the developer ' s
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engineer to exhibit to the Board and the audience . As you
may recall, this plan was never exhibited. [I did not have
this plan with me at the time of the hearing. Thus, I could
not exhibit it myself . I relied on my repeated requests to
the engineer, who chose not to make the plan available. ]
It is my further understanding that if the Board were to grant
it' s approval to this subdivision plan, that the location
of the proposed road would then be used as a basis for request-
ing even further lowering, widening, straightening and, ulti-
mately, destruction of Mill Road, particularly at certain
off-site, but adjacent, property of Stephen Leone.
3 . REGULATION III .B.1 . (f ) requires that the land developer
" . . . shall file with the Board—Evidence of transfer of owner-
ship, language of any easements, covenants, or deed restrictions
applying or proposed to apply. . .to the subdivision. "
The developers did not inform the Board that the
proposed road goes through an area which is described in docu-
ments at the Registry of Deeds as being "permanently restricted
as a greenbelt area. " Nor did the developers inform the Board
that the road and Lots 1 and 2 shown on the plan are laid
out on land which is not owned by the developers . That land
is owned by Stephen Leone and is a very large portion of one
of the lots which is encumbered by the agreement recorded
in the Registry of Deeds which states that the lot lines affecting
it "shall not be materially altered . "
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No documentation was provided by the developers
to the Board or the public which contained the language of
any easements as required by the Regulation. The failure
to provide such documentation is particularly crucial with
regard to the form and contents of the so-called "visual ease-
ment. " Neither the Board nor the public have any idea as
to the breadth or limitations contained in this document which
would be crucial in determining the potential destructiveness
and off-site impact of this proposed subdivision and development
project .
4 . REGULATION III.B.1 . (h) requires the submission of
a construction schedule with specific details as to phases
of construction and completion dates.
No such construction schedule has been submitted
by the developers for review by the Board, the abutters or
the public. Information as to the phasing and scheduling
of construction is very important for the Board and the public
to be able to Snake informed decisions about a development
project. Adequate prior information can form the basis for
discussion and sometimes the rescheduling of certain matters
in order to comply with the public ' s interest. It is possible,
for example, that such advance information coupled with further
input by the Planning Board may have been able to avoid the
erosion and serious dust problems which occurred during the
early phases of construction at a subdivision in our neighboring
town of Andover.
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5 . REGULATION III .B. 3 . (n) requires that the plan "shall
contain" information regarding "Existing major site features,
such as existing stone walls , . . .buildings, large trees , . . . " .
The plans submitted by the developers do not show
on the drawings, nor do they contain in the written information
which accompanies them, any references to the existing large
barn or cider mill, both of which are listed on the Town ' s
Register of Important Historic Places . This information was
made known to the developer prior to the public hearing.
The plans as submitted simply ignore and do not contain any
information regarding the large healthy maple trees which
form an integral part of this scenic and historic setting
and which the subdividers have voluntarily chosen to destroy
in order to locate their proposed road as shown on the subdivi-
sion plan. Neither the plans nor the written materials submit-
ted by the developers contain any reference to the large,
unusual and particularly valuable specimen-cut-leaf Japanese
Maple which is located within the: area that is supposedly
protected by the permanent greenbelt restriction. Neither
the Board nor the public was provided with any information
regarding the existence or location of these major site features,
including stone walls, buildings, and large trees, in violation
of the Board ' s requirements. Since the developers have not
addressed these issues, it is difficult to respond to them
specifically. But, it appears from the plans that several
hundred feet of stone walls which may date from the Colonial
period will also be destroyed if this plan is approved. [The
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aforesaid trees were discussed by me at the hearing and are
more particularly shown in the photographs which I submitted.
They are also more particularly described in the five-page
I
written report which I submitted to the Board from the Registered
Architect who spoke briefly at the August 6 hearing. ] (Photocopy
of Architect Report attached hereto as Exhibit "E" . Photocopy
of his Resume is attached as Exhibit "F" ) .
6 . REGULATION III .B. 5 (a) ( 2 ) requires information regarding
" . . .all major tree groupings , plus other outstanding trees
or other botanical features. . . " .
No such information has been provided by the developers
to the Board or the public. Such information is important
for the Board to make an informed judgment regarding this
development project. By not complying with this Regulation,
the developers kept from the Board information such as I des-
cribed under Regulation III .B. 3 . (n ) , above , including informa-
tion as to the existence, location and disposition of the
grouping of the 75 year old healthy maple trees which have
approximately 50 years of life expectancy remaining according
to the testimony of the Registered Landscape Architect ; and
similar information regarding the unusual and outstanding
Japanese split-leaf maple; as well as information regarding
the existence and location of the permanent greenbelt restric-
tions which the developers apparently are trying either to
eradicate or ignore, neither of which furthers the Town' s
best *.nterest nor enhances the public welfare.
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7 . REGULATION III .B. 5 . (b) (1 )
8 . REGULATION III .B. 5 . (b) ( 2 )
9 . REGULATION III .B. 5 . (b) ( 3 )
These Regulations require a description of the scenic
and historical features of the site; a description of how
this development project will affect those scenic and historic
features ; and a complete physical description of the project,
and its relationship to the surrounding area .
The developer' s extremely brief response to the
requirements of III .B. 5 . (b) (1 ) contains no reference whatsoever
to any scenic or historic conditions or value of this site .
That is particularly distressing when one considers the back-
ground of this matter, the amount of newspaper coverage given
to its many facets and the overall amount of discussion and
involvement in this matter by members of the community.
The developer ' s written submission failed to provide
the Board or the public with information needed to make an
informed decision regarding these sensitive, environmental,
scenic and historic issues such as : the facts that the proposed
development project would result in irreversible damage to
the site and the total destruction of all of the historic
and scenic features and setting, including the cider mill ,
barn, outstanding and rare trees , topography, and colonial-era
stone walls. All of which are described in the architect' s
written submission to the Board as "A Superb Example" of an
early--American farm with adjoining orchard and cider mill .
To destroy this setting will be self-defeating to the very
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amenity which is North Andover. The forthcoming book written
by historian Steve Roper, describes the site as follows :
"The buildings, the trees, the stone walls, present an image
of a farmer ' s homelot which is perhaps as close to the late
Eighteenth-Century reality as modern eyes are liable to see. "
(Emphasis mine) No such information nor analysis was provided
to the Board with the definitive plan as required by the Regula-
tions .
The Regulations further require the developer to
provide a complete description of the project and its relation-
.ship to the surrounding area. It is obvious that this develop-
ment project will be extremely disruptive, detrimental and
destructive to the surrounding area . Yet, the developers
basically ignored this requirement, and failed to provide
to the Board much needed information and analysis which would
be required in order to make an informed decision. The developers
Environmental Impact Statement says " . . .the project will not
have any visual impact on the surrounding neighborhood. "
It states only that the intersection of the new road with
Mill Road "will be visible" , but apparently, is not deemed
by the developers to be of any environmental or other signifi-
cance!
Failure to comply with this Regulation by the developers,
however, means that they failed to provide the Board with
any data or analysis which was needed by the Board to make
an informed decision in the public interest with regard to
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the serious, substantial and irreversible environmental degrad-
ation that will result to the surrounding area and residences
as a result of this total development project which includes
not only the approval, of a definitive subdivision plan for
the new road, but also the major reconstruction (and I submit,
destruction ) of Mill Road and our neighborhood as is required
by the Planning Board in it ' s decision dated June 21 , 1984
on the Preliminary Plan relating to this matter.
If the developers had complied with this Regulation
and provided the Board with information, data and analysis
regarding the relationship of this development project with
the surrounding area, then they would have had to inform you
of at least the following: obtaining approval of this subdivsion
plan so as to go forward with this development project and
location of the new road will cause the destruction of a 250
year old country road and several mature public shade trees
along its established boundaries ; it will also result in the
destruction of the historically signficant barn and cider
mill by the developers/builders ; it will eliminate a quiet
country road which is self-regulating and with natural restric-
tions, which cause people to slow down and be more careful,
and it will replace it with a wider, lower, straighter, faster
road which will increase both the volume and speed of traffic;
the new intersection which is to be created will be located
dead-center on our front doorstep which is the only existing
home on the entire length of Mill Road opposite this proposed
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development . We will constantly be bothered in nearly every
room of our home by headlights shining directly on us throughout
the evening and night-time hours . We will hear the noise
of automobiles throughout the day and night, including their
acceleration and deceleration at and through the new intersec-
tion, the sounding of horns at the intersection, etc. The
architect' s written submission which was left with the Board
at the public hearing also refers to the sun angle and reflective
surface problems which do not exist now but will be created
if this plan is approved and the new .intersection is created.
The architect ' s report also refers to the serious negative
effect on our home and property that would result from lowering
the grade of Mall Road. He stated that a three foot verticle
lowering of the grade would leave us with a 16-18 percent
grade after the reconstruction of the road. I sincerely believe
that would be an unconscionable result and burden for the
Town and/or the developers to place upon us as existing home
owners and residents in our community.
None of these matters were addressed in the developers
Environmental Impact Statement. Yet, all of these matters
adversely impact our property and our home by changing it ' s
character unnecessarily when there are several feasible alternatives
available to the developers .
10. REGULATION III .B. 5. (c) (1 ) requires a description
of existing surface drainage characteristics within and adjacent
to the project. As I mentioned to the Board at the hearing,
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the an plans do not contain reference to nor information
p Y
about, the stream of running water that comes down from Claypit
Hill, crosses Mill Road and runs onto the developers land.
That stream does not run throughout the year. But it does
provide significant runoff during certain periods of the year,
and during this past Spring it was particularly active.
Since this information has not been provided to
the Board by the developers , I assume that information regard-
ing this significant runoff was not included by the developers
in their Wetlands Calculation and Analysis, particularly as
they affect Lots A, 1 and 2 , as shown on the definitive plan.
11 . REGULATION III .B. 5 . (f ) requires that the developers
provide a summary of the environmental impact on the entire
Town with supporting data.
The developers statement makes no mention whatsoever
of the substantial and irreversible damage (Reps . III .H. 7 )
to the site, to Mill Road, to our neighborhood, to our home,
and to the Town in general. No mention whatsoever is made
of the destruction of several major site features (Begs . III .B. 3 .N. )
most of which are significant community assets . For example:
approval of the plan will result in the substantial and irre-
versible damage or destruction of : (a ) what is supposed to
be a permanent greenbelt restriction; (b) a large barn, which
is listed on the Town ' s Register of Historic Places ; (c) one
of the few remaining old cider mills in the Town. I have
been told that the cider mill is also listed in the Town ' s
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Register of Historic Places; (d ) several hundred feet of 200
year old stone walls will be destroyed; (e ) a grouping of
75-100 year old maple trees will be destroyed; (f ) a unique
Japanese red leaf maple tree will be destroyed; (g) a quiet
country road will be lost and destroyed forever; (h) several
public shade trees will be cut down.
The net result will be a very significant, substantial
and irreversible destruction of scenic and historic features
and open spaces which will result in the loss and destruction
of the Town ' s valuable community assets, including it ' s history
and character.
12. REGULATION III .H. 5 requires that when the Board
is reviewing the definitive plans to determine if there has
been compliance with various design standards , including the
protection of nature features (Regs . IV. (I ) ) , the Board members
are required to consider such matters as they satisfy "the
most exacting requirement" of the highest use allowed in this
residential district . The Regulations require that due regard
must be shown " . . . for all natural features, such as large
trees , . . . scenic points, historic spots, and similar community
assets, which, if preserved, will add attractiveness and value
to the subdivision, or to the Town. " (Emphasis mine) .
13 . REGULATION III .H. 7 requires that after the Board ' s
careful scrutiny of the subdivision plan, each member must
be satisfied that and make a determination that the subdivision,
as designed and submitted, " . . .will not cause substantial
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and irreversible damage to the environment, " which could be
avoided through use of an alternative plan. As I stated at
the hearing, I contend that no such finding could be made
in good faith with regard to the proposed plan which is before
the Board. I contend that the only finding that could properly
be made is that no regard whatsoever has been shown for the
protection or preservation of such community assets.
Furthermore, as I indicated to the Board at the
public hearing, the Board should be particularly strict and
rigorous in following-through on the mandates of Reg. III .H. 5
and III .H. 7 , particularly since "damage to the environment"
is very broadly defined under state statutes to mean actual,
or probable, impairment or damage to the environment, and
it includes destruction of open spaces or historic sites .
CONCLUSION
For all of the above reasons, including the Plan ' s failure
to comply with the minimum stopping sight distances and the
developer ' s several violations of the Board ' s requirements
as itemized in Paragraphs numbered 3 through 1.1 of this Memo,
it is respectfully requested that the Board vote to deny approval
of this Plan.
Respe y s ted,
ohn P. Cronin
140 Mill Road
North Andover, MA
'� g1769 �
oration
28 Yankee Technology Core
i starPoration duly,establMed under the iaws of Massachusetts r
Lowell... :
and having its ascul plsce of business d taet* in consideratkn et
�. Caanty.b4asaach E Y<
Of Middlesex 000.00) Dollars � .
One Hundred Forty
Thousand i3140,
grantato Stephen M. Leone, Trustee of Greenhill Realty Trust*aBexw worth'
era
lion of Trust dated January 28 198Q422eep.ged267th the Bssesrtlarth
District of Registry of Deeds in �aok
Massachusetts with 4tmutm 00tuo s
:i of 93 Saunders Street,^Lawrence, s
the�,d in >Vorth Andover, Essex County, Massachusetts.
of land entitled "Plan ofs 8de•in1N°F40', t
Parcel Unns A certain parcel of land le said 'North Andover being
s own 8s of 3 on a plan Gar oration, •
Andover, Mess. for YankRevLsednSeptembetp20, 1g83" and recorded
ust 13, 1983:
dated Aug
9274.
t with .Essex North Registry o£ Deeds.as Plan NA• to said plan. ;'
16 acres of land according i
3 cont:ains 2.
Said Lot ,•. articular description. :E
` Referenc'-e*i, made to said plan for a more p ;
A certain parcel of land in said Northlandof being
Parcel Twol. n of land entitled "Plan oScLaed in
s own as ots 6 and 7 on a P Corporation, „
j Mass. for Yankee Technology P rt,L
North Andover, 1983'+. and recorded with Essex North 5 F
' In .40' , dated August 13, 4273. `
1 !1
Registry -of Deeds as Plan No.
contains 48 77t square feet of land according to said e
` said Lotl6 627 square feet of land.
plan. Lot 7 contains 5, q to the
Being a portion of the same premises conveyed and recorded
. u deed of Rachel Thornton dated Septembere Z0, .•.?;
> with said Deeds at restricted Page
shalt be permantly restricted as
descri d area of Lot of live '
a R r 'The below � to this area there shall be no cutting l
a greessoglt area• rtilning or other regular maintenRnce and no hall It �
these restrictions shall n t .
xa o trees other than [+ h the greenbelt area. 1 .s,
�0 shall be erected in this area. However,
`prohibit the cbnstruotion of a driveway throng .
a< r. a The said g 3 commencing at easterlytaloroi e '
reenbelt area shall consist of a triangular area of ten
n
° 3 and .Mill Road then running t an f,a
•;P the northwesterly corner 3 said La ,
^ �z at the corner of Lots 2, 1 fe on the lot line
then
ua+.+ Milt Road 29.84 feet, 24.56 feet and ten (10.0p1 feet to a point,
o °"' !.running .southwesterly
in .e straight line to a p ,�
y direction 160 feet to ? .
between. Lotion nsaidllotf line Lin atnoxtherlhe said dritthole"; i'
N1 proceeding g in �.
a 3n gP# rrP>t t ie i(pn.?Nkee Technology Corporation
' `\ ys to be Iced. X0k-.wkdpd and
Baldwin, its President and Treasurer
u '. bas eauaed its corporate seal to be hereto axed and theca man ninth ..
Ok delivered in its name and behalf by Robe'duly suthorued,this twenty- threehemto
1kQi In the year one thousand nine hundred and ei9 Zt ITION °
.°s . day of November ..._. .:.. - YANKEE .TECHNOLOGY_CORRPD RRAA l ;
r ed d sealed In Presence of \
a Sian an '%�: x� l win, President and
obert
° _..u- . by Treasurer
14
.eNovember 29
Essex dw President and
r s<. Robert H• Ba1 in, _..
{;
a tho*boa
s an Pueonatir aneee°anology Corporation. .,
= ' reasure - — Yankee Technology
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.........&ate of Massachusetts. ..r. > t s
Parcel One.' A certain parcel of land in said North Andover beings
. sown as of 3 on :Yplan rf land entitled "Plan of Land in North ':'-+i:)Andover, HassE. forankee Technology Corporation, Scales 1Fr .40'dated August 13, 183, Revised September 20, 1983tt and recorded
with Essex North'Registry of D
5y�,
eeds as Plan No. 9274.
Said Lot, 3 contains 2.16 acres of land according to said plan:r• . f .;; •
r : 1'.1
F f Reference is made to said plan for a more particular description.';
Parcel Two.: A certain parcel of land in said North Andover bein
s own as ots 6 and 7 on a plan of land entitled ''Plan of L nd n
North Andover, Mass. for Yankee Technology Corporation, Scale:•a i
1lr =40r, dated August 13, 198311 and recorded with Essex North :'
Registry of Deeds as Plan No: 9273: .. s-
Said Lot 6 contains 48 771 square feet of land according to said 4, '•'•
Plan. Lot 7 contains 45,627 square feet of land.
Being a portion of the same premises conveyed t6 the Grantor by F
deed of Rachel Thornton dated September 20, 1983 and recorded .
with said Deeds at Book.11724 Page 206.
Tt ejbelow'ri described- area of Lot'3` shall be permantly_restricted as t a greerloeit area. In this area there shall be no,cutting of live �-
trees other than pruning or other regular maintenance and no structures
shall be erected in this area. However, these "restrictions shall not-
prohibit the contruction of a_driveway through the greenbelt area. , r :
The said greenbelt areo-sh-a-11 consist of a triangular area of land in t the northwesterly corner of said Lot 3, commencing at the "drill hole!}�~
at the corner. of. Lots 2, 3 and Hill Road them running easterly along Mill Road 29.84 feet, 29.56 feet and ten (10.00) feet to a point, thew-11
running southwesterly in a straight line to a point on the Lot line
between Lots 2 and 1 160 feet from the aforesaid "drill hole"; then i
t proceeding along said lot line in a northerly direction 160 feet to
r whkh has the Lots 3,6 and 7 Hill Street North Andover,
address of............... , MA. O.845
......:.....................(herein"Pro rt .. r1� #
Pe yAddreas"j;
Touainta with al! Iha impros'cmcnts now or Iwnuflvr en-OW an the property, and ap ��s�m�n�s, rights, f
appurtenances,reins,myuftks,mi,wrai,oil and g:tr rigil[a aFld grub'.;water, wat�'r rights,arld water stock, and alt
fl>Ztuns now or Iw'rc titer utruclrcd to tllc property;ufl of which,ittciuLlill8 of tlt mpla�tnlenli aFld addl[iuns thereto shall fro
. 5 decrrxd to bt and remain a part c properly plvt:rsd by this Alortgabw;and all of the forvi nine.tugctllet wh said
r. property(Or Ilk Iwuhotd estate it this 1<Inrlgagc is on a ieuwhold)are hem-In referredreferred to as the"Prope it
rty". `
Horrocver rnvenan's Ihat Borr.wtr Is lawfully sclxd of tl
l;rant and convey hc.PrnpSny, thF+t !Iw • 5 stale her,by conveyed and has the right to mutt
1 Property is unow'unitxrvd, utld Out ..krrroxwr will warrant and d�r
V nerally the"lie to'be Prnps:rty against all claim%and demands,%uhkct to•ray d0darati43ns,cnstmaus or reslricr.orts ' '
' � ss ii%ted in a sclteJuk of e><ccptiu,a to covet"rge in any[i[le in%ura,tc% lie- Pu y insuring I endtr's interest in the Property:
' YASSACHUSMS-1 V t Fart€11-111"NAIIbt11C aNIFCtW fMSTAaw[trt
—�.
BH1769
Prone tfia office of:
t STANDARD FORM Joseph A. Miragliot:ta, sag.
tti•:,. + PURCHASE AND SALE AGREEMENT 170 Common Street ?`
J '
41 fir _ Lawrence, MA. 01840 /
.. _ ._! ..•1, i ti„- ti, Y. t. l Ilt,-
This 20th day of Septa ber
�, PARTIEi YANKEE TECHNOLOGY CORP., of Lowell,
(fill AN Massachusetts
hemeinatter called the SELLER,agrento SELL and STEPHEN M. LEONC, Trustee of
Greenhill Realty Trust, 93 Saunders Street, Lawrence,
Massachusetts
;,r::la -htrelnafttr called the BUYER or PURCHASER,agrlrM to BUY the tenrx hereinafter met forth,the
followingdeaibecipmmim: pour buildable lots' of approximately one (1) ar
•,�1 t.-f sx acre each located on 'Mill Street,' North Andover,' Massachusetts
2, DESCRIPTION = Fall as shown on 'the attached plan, (not form a plan) as Lots
fill An andlnc&4* 3,' 3A 6 and 7. , 'feller agrees to stake out the above lots at ,
Ntlr»lerwsnl € time of passing t
r =
3 BUILDINGS, Included in the sale as part of said premises are the Ouild4,structures,and Improvements now tlsereort
STRUCTURES,'`•`' 'and the fixtures belonging to the SELLER and used in connection therewi incttxlirg,!}any,all wnetisn,
IMPROVEMENTS, blinds, window shades, screens, screen-dooii, storm windowr and door awnings, shutters, furnaces,
FIXTURES #neaten,heating tquipmeni,stoves,ranges,oil and gas burners and fixtures tppurlenant thereto,hot vat"fteaten,Plumbing and bathroom ilxtu es,electric and other Ilghling fixtures,mantels,outside television
t471 M or dWere) antennas;fences,gates,treet,shrubs,pisnts,and,If built in,air conditioning equltinwt,ventilators,gwbaee
disposk dishwaomrs.washing machines and driers:and '
—bvtvxduding
.:a
i. 'TITLE 0E£O ' ' Said premises are lobe conveyed by a good and sus}Ieirnt -.jZui tclaim deed runnirp to
(fill!nl the BUYER,or to the nominee designated by the BUYER by written notice to the SELLER at least seven :
'Include here by specilk days betas the deed is to be delivered as herein provided,and said deed shall
reference any mirk• o"ery a good and clear record and marketable title thereto,free from oncambf&nets,except 17-
60M.rase+ntnts,mist, ;a► Provis!"of existing bu0cling and zoning f.wt; £'
and obllgation7inparty Ib) Existingg ors' p y ! agraerrserst; s'
rights and obli sti m mat watts wnict are not the subject of written
sells not includes in W, Iel Such Was for the than current year as are not due and payssle on the date of the delivery or suds f
leases,munkipal and " -` died;
other liens,obirof o om- fdt Any liens}or municipal betterments assessed after the date of this agreement;
bramer,and mskaPro- ' '(e1 Any .and all benofits, rights, limitationsp restrictions, ;
vision to protect '" '" and rights of others resulting from Greenbelt easements-
SFLL$Fagsirat r y.
BUYEfiSbreachof Applicable to the subject property and shown on 'the }?.;
SELLERScomwer "' +"""' attached'plan.' Said plan to contain a common' driveway fo j;
kelaases,IMen :r. Lot 3. '""Said driveway to be proportionately paid by the �.
necessary. .said owners thereof: -
5, 'PLANS "'"I+ '''* It wid deed refers to a plan necessary tG be recorded therewith the SELLER shall deliver such plan with the
deed in form adequate for recording or registration.
Q. REGISTERED In addition to the for -
,going,if the title to said premises is registered,said deed shall be in form sufficient f0
TITLE entitle the BUYER to a Certificate or Title of said premises,and the SELLER shall deliver with said dead
all instruments,if arty,necessary tG enable the BUYER to obtain such Certificate of Title,
?. PURCHASE PRICE The agreed purthme price for aid premise is One Hundred Forty Thousand and 00/100
(fill in1:spscrh --------------- -------------------«_ ----..-----__
nowed to write
,. doriars.or whirls
s
out the amounts' _ �1<, oo.00 `l r have been paid as a deposit this day and Yyr
Ndesifrd
fProv;delorpsy f109,200 00- . ..are to be paid at the tim ery e of deliv of the data In eash.or by certflieck
meet by cwtil;sd ° ``"_y,. :.- cashier's,ueasurer'y of bank check. ,
T aBank.4anck ' 1- = -6,800.00 payable in accordance with Paragraph 29(a)'hereof.
SanceAtable to Air ; 0, 0 .Or :hrV TOTAL t, :skim':rY.:::`.=,rs� s. , . ; .•t '
/\ 1.
repDkrdl COVVRIOHT O 107e An dents r..rrv.fr.'rbh limm'nay not bt"*W fir rwedwM as ��T
•NeAYatl 004TOM REAL UTATTS 00^%D hM1f1M ON in PMI In M1Y rn,nn.r rrhOW&M eAlneur Ins Piton a,l• ■—' _
On"autteiol cM+MM or IM OfMIM afnlsrl ase.l arse"enrwe. OLM
k
r yf
xf)t G o O'etoek J►. M.on dK 14 th day al'
Y ' TIME FOR Such deed k to be deltwred Joel ,at the North Essex
PERFORMANCE. OCtobetC. I ! Of this ;
DELIVERY Of unlea otherwfse agreed ugwt in Wrltl+q E tt aQr+ad that time is of to a►he
Registry of Deeds, 1 Y
DEED 1RllIn), ...• egreement The aforesaid date eha 1 be extended, at the option of the 1bUyera .
Etgtaa date eginofdent with the Seller's purchase of land frao the TuckeY ,
rFull po eelsion of Nod premises tree of all tenants and occupants,except as Mrem provided, k to IM
i O, POSSE5510N and said premises lobe then(al in the same condition " ?-
CONDITION of delivered at the lir+x of the dwalfy of the deed. ! The,
+` PREMISES, now are,reasonable use ertd weer thereof excepted,and Ins not to vreferred of said building and
i with the provrsitx,t of easy Instrument referred to in clause hereo
laturh a list of laws, snd iel in oornf+l aeonprior t
axC,Ptlom 1(pf y} SUPER shall be entitlad to an impaction of uesrwi h the seeress of this htiause cry,of the deed in order tot
rk, determine whether ttl", ndilion thereof compl
k.ak ♦ '. ,! �•. 'r'"...a .r sr _,,t.[' f.+_g 1 i ! �.
�� 9� I!�''� �t�,7 ., ' "ib7 �.y�t. rfr ; i` ,r'i�f'•`. ^- :' �� j.
r < or to deliver possestion of tf+e tantmi�•'
EXTENSION TQ it the SELLER shall be unable to give title of to nuke convayante,
Y:s reoment shall be refunded end all ottlsf obligstiorri
PERFECT TITLE; allovsisior»lh+�aoPl ttlsrn any paymentD tiff"O under'�nry of the deed the Pramises do not conform wrth LM
y'' t OR MAKE �: 1x
t• of vis parties hereto shall cease and this agreement shall be void and without recourse to the!sorbet hereto:,
4.• r`.:"PREMISES tie,ini
CONFORM ` ' unless the SELLER elects to use reasonable eflarlt to remove any delealt in line,or to deliver posaessron as,
r (Chan9+Pe'rl�°l' t provided herein,o+ to make the laid promises conlnrm to the provisions hereof,at the rase may
(change
ge ty'od ` which event the SELLER shall give written notice thereof to the BUYER at or before the time for
perfofma+sce hereunder,and thereupon the time for Parturmar,ce t,vreof shall be extended for a pelted of
thirty ' I` r'
flat the■xpiraUon of the extended lime the SELLER shall have failed so he remove easy r if at in Mile,' ,
FAILURE
r ' PERFECT TITLE deliver t possession,or make the premises conform,n the cave cosy be,slf as herein agreed.or salid premises
If at antf time
-x PE MAKE � . during the Period of this agreement of any extension��Fe f usiet holder ch putapomsesiet en,age at atthe BUYER'S
PREMISES shall refute to permit the insurance pfotccds,' y,
CONFORM,-PREMISES
eta tion,any Payments made under this agreement shall be forthwith ratunded and all other obligatiom of F nr
It gardei hereto shall c4aw and this agfea mant Shill be void 1Milhout recoulo to the Partin herein, l yy
1� t;tJYER S The BUYER shall have the election,at either the original or any extasded time for perfamana,to accept .
ELECTION TD such title as the SELLER can deliver to the said plate SE L thole than c condition and to pay tt,hat in the
ELECTACCEPT TITLE purchase pfite without deduction, in which case llle SELLER shall convey such title,rKeepl that inbeg
the
event of such conveyer+ce iu accord with tM Provisions u1 this clause,it the said the pirimiSELLER
shall hew Anil
r damaged by fire of casusity insured against, then the SELLEit shslt,►rn{ess tl,r SELLER has Previw+sl '1 f
} restored the premises to their former candilion,either
r t I,; (al pay over se assign oth to the 9UYER,on delivery of the deed,ail amounts recovered w recaverab(etral
•" acto+.nl of such inwrante,less any+mounts reasonsbiy expended by the SELLER lot any Pu 1 i
f
resloralloo,of -i
r '{b) if a holder of a mortgage on said prernisa shall not germ's!she inwrence proceedr or+tort thett'aaadf y
S+ f to be used to reslofe the said premisas to their former condition or to be so paid over or attig
eve to the BUYER a Credit against the purchase price,on delivery of the dead, gaud to said .
1_ give
so recovered or recoverable and retained by the hot�tIX01 th said mortgage less any
arrwunts reasa+sbty exPende4 by the SELLER for any P+r `
3, zf .•. i
t3 ACCEPTANCE cement and obligation herein contained of exPtessed,except such a
T1MJitLlplMce of a deed by the BUYER or his r*OMkM as the eata may be,shall be deemed to be a Ir+ll'.
OF GEED pertarmance and discharge of eve rmed attar the delivery of said deed.
t r ti, are,by the terms heteol,to be Pe _ t r
at the time of drlwery
1R. t15E OF To eneblr the SELLER to make iW or once as!ton therreeoflto dt it the title of snV w all rncumbranues of ;:�
PURCHASE of the deed,ore the Purchase mot Fill
any portion are recorded simultaneously with the delivery of said
MONEY TO interesls,'provlded that all Imtrumonu so pr +
CLEAR TITLE deed,
N
INSURANCE Until the del`vsry of the deed.the SELLER shall mamtalfr insurarlieo on611 mt of Cawrape�
almartsmount 1 rVP*of I_nsurinct",it.Zj lit`<rt'ti--.a's''. 5 .t• -''.
irsal
Fire •s , t r, y
ITist sdd typn intiowrirro� J'Ui
and imourrlsas tb) Extended
wWfeg+ Y _ _,. •- ,'e _ ,<.s
days before V 1
Unfeu otherwise notified In writing by the BUYER at best Gwen the raw of the Insurer"Dom-
IS, ASSIGNMENT OF and unless prevented from doing to by deliver binders Mlerefor in
INSURANCE time for
delivery of tM i 1}s+SELLER shall auign such Msuranae atsd
ldelete entire Claude panyisl involved to issue the sam .
lfinwrarxe!a not .prop+r form to the BUYER at the tlme for pe"Offnenca of this agre thereof ement.In the wade of ref t W 4t t o
„�iyj l give notice j
Insurance eompsnV(tl to issue the sire tlrrle IoLP+r�ormdinaa of slits agreement o the BUYER at irsst two _
o be business days bl _ ^ 1
es •. , t rF' s R SfKh� [i': S a.,W r2
eIL,,
• d - ��i1 M WA
- r c.tt,..1,r n gu yr.<ti�r f-• 3{,, r r, -� '
r--,- - t'
AD_fUSTMENTS Collected rents,mottgage interest,prepaid premiums on Insurance if assigned as herein provided,water and ,
(Hsi gnrnfiny ex• sewer use charges,opetalmg expenm i;if any)according to the sdhesfuk attached hereto or set larch below, +
panu;,i1 any,or end lax" for the Siren current Year,$hall be apportioned and full value shall be adjusted,as of rise day of .`
amrh aN,adula) performance of this agreement and the net amount thereof shall be added to or {
deducted from,at the case may be,the purchase price payable by the BUYER at the tune of delivery of the
deed.Uncollected rents for the current rental period shall be apportioned it artd when Collected by aiUer
-party. .. .. f,
k ti. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed,they shall be apportioned
I OF UNASSESSED on the basis of the taxes assessed for the preceding year,with a reapportionment as soon as the new tax rate �.
AND and valuation can be ascertained;and,if the taxes which are to be apportioned shall thereifter be reduced
ABATED TAXES -by abatement,the now-,nt of such abatement, less slat reasonable cost of obtaining the same,shall be
apportioned between the Win,provided that neither party,hall be obligated to institute or prosecute s,
proceeding[for an abatement unless herein otherwise agreed,
19. BROKER'S FEE A broker's fee for prolessional servlcas of
(11if in(ee wtlth is due from the SELLER to Landvest, Inc.t in accordance with a I letter or v"
dollarsmountee agreemont between said 8andvest, Inc, and the Seller dated January 13f
parcantagr,'oleo ,
"PM oferohar(t)l
l the Brokerfs) herein, 6u1 if the SELLER purmsnt to the terms of clause 22 hereof retains the deposits
r made hereunder by the BUYER,said Broker(s)shelf be entitled to receive from the SELLER an amount '4
equal to one-hatf the amount to retained or an amount equal to the brc,er's IN for professional Servint
according to this contract,whichever is the lesser, .i`
1 >r
i 20. BROKERS) The Broktr(s)named herein
WARRANTY warrentlt)that he$they)is(ors)duly licensed as such by the Commonwealth of Massachusetts, ,
(fill in name)
21. DEPOSIT All deposits math hereunder shall be Mid by 1 *�Atty. 11eginald Harden of
pl)in,urd�(ad as Andover; Massachusetts
agent for the SELLER,subject to the trims of this agreement end shot€be duly accounted for at the Urns
mlerence to for perform lnp of this agreement,•
brokerls)i1
SELLERhdds
22, BUYERS ''if the BUYER shall fail to fulliil'tht BUYERS agreements Mrein,all deposits made hereunder fry the €
DEFAULT; J .t•' -BUYER shall be retained by the SELLER as liquidated dam
DAMAGES rlormanee of this ages unless within thirty days after lips lime for
Pe agreement a any retention hereof,,the SELLER otherwise notifies the BUYER in
whiting.
23. SALE OF The BUYER yrees to buy from lheSELLE'A the articles of personal property enumerated on the sitadted '
PERSONAL . -... list for the IxiC! of = and the SELLER agrees to oelivar to the BUYER upon
PROPERTY deliveryof the deed neteunder,a warranty bill of sale therefor pis
paYmant of said prior,The provisions of ,
(fill in and attach this clause shall constitute an agreement separate and apart from the provisions herein contained with k: i
fist or delete respect to the real estate,and any breach of the terms and conditions of thh clause shalt have no effect on
entinr clause) the provisions of this agreement with tespett to the real estate.
24, RELEASE BY Via SE LLER'S spouse hereby agrees to join in sold deed end to Fastest end convey all statutory srd other
HUSBAND OR rights and interests in said premises.
WIFE
-.__ .-. -. I .• it .6t,,,rt.- . r... a-,+• ,e ) �'`•
25. BROKER AS --The brokerts! named herein, .)oin(s) In this agreement and becornelt) a party hereto,ins io far as
arty 7 ;
PARTY provisions of this agreement expressly sppiy to him(them),and to any amendments of modifiestioni,
such provisions to which he ltheyl egret($)in writing
26, LIABILITY OF If the SELLER or BUYER executes this agrsemtrit ins representative or fiduciary capacity,only tlsa
TRUSTEE, principal or the estate repr rented shall be hound,snd nelther the SELLER or BUYER to exttutirg,nor
SHAREHOLDER, any shareholder or benefidary of any trust,shall bs personally liable for any obligation,express or implied,
BENEFICIARY,etc, hereunder. ,* l•:
27. WARRANTIES The BUYER acknowiadilo stet the BUYER has not beets'infitxmced toenw into this transaction nor has
AND REPRE- he'relied upon any warrsmies or mpresentatiwu not got forth or incorporated In this agreement or Pw
SENTATfONS _aiointy made in'writing,•1xapt fa the following additional wNrrantist end npra$snlatiarts it any.made by €
If norw, tinter the SELLER or Use Broktr(s)1
state iroexr"•i/ -
anyllttad ktdkala
1. by whom oath
sroas$sae made ^� ;� �. •� �� ,t'
is -
i
BHI76 �
CONSTRUCTIom TW kotrvmmvt,uxom•d In trlpllimtae It to be contact,Is
OF AGREEMENT, 10 hlu rfhot so a NO Imtrumwt,left forth the Ranee oorlVaN betrwen the perdu.Is binding upon artd
'drftttt"irlplkim' wwrea to the bw*ftt of ft pattlos hereto and their mgwtive ftelrs,derieeee,oueutors,administrators,
artd"bed'tetM uteaw«a and ate,and may be cwv*kd,modified or~Wsd only by a seitten insU meat executed
qusdrtipikaarr' by both the SELLER end the BUYER.If two or more persona an named hmin le BUYER their obtigi► !
!f mWinit. .. 1 Horn h&rwuWw"I be Mnt and sawrai.The c"ions and mwgnd notes we freed only as a matter
r.., oorwenlence and we not to be oontrderad a part of this wftmmt or to be used in determining tM intent of
` } the parties to it y .
2R AOotTIDN1IL The InitFand ridws,It any,attedW hertfo,ore kxwporated t►wok by n1ftrenca. �
i. PROVISIONS r
.... .. .;1 ". .•�3 � i56' .',..ra .s. ..et 1. ,5 :;-- ..} tr ,�vl�,.t.`..r p i` \ '
,• y , ,> See attached for Additional Frovisioaa.
+
V !7:.f!T[.S']'.Cd: ii . =aI tf�,�.fr t,fl;S ,ti rr7 ,- rr .a , • { t,
S ✓
• ..i.-.:. F1:wh�.r>,•:'v:•.:.pr,'-:'�:,J n } 1uR3,0 ti;t1:c4%j::'r4fRts:rr-v,'a ;},..!` ,. Es .• . . -\ � J`` 'L .
4.
SELLER forWousel _ LL l'
BUYER RUYFR GREENftLL REALTX TjftT sit
EXTENSION.
unva,hor 1 a r 19 B
Ttr ttme for the perfonnana of the fontgol agretnttnt k te+tded ixrtil, 3,00 �'dnta r- -tor.on
the d„y of hove a r tg�33 time atilt Wng of the sawrea of this Wetment a oxten&d.tit.
AN other rxpft-M this agreement is hereby ratified and confirrwd,
This wonsion,extorted krXrlyti� Is Intended to take W40 r so"irntrwmn6 �
duplica .•
SELLER for4mmml �r SFLLFH
Trustee
BUYER r ! BUYS I7 ILL REALTY TMI
' -jw 4>,�•5 .e,,: -:/1 L':y? ,r.. ..rf , .:i. ;,Y-i• 1 i.� :.. .. .. ..' ,.
i
f
}
t 4'_
f
$ H 1716
-•,c`..�s�. y :.,.�,.. ,..c. .,-ram.v=xyrssrl{ -{-
33
t ADBIYIONALI (a)" Buyer' witt`lr�'pArtlal payment for. the property hereunder
PROVISIONS give to the Seller at closing a note in the amount of $16'800.00
such notaltb• be Interest free for the first year thereof
with interest at the' rate of 10t per annum payable quarterly
in arrears thereafater with principal to be paid in the basis
f of $4 000.00 payable at- the time each of the other lots are
ransferred by the Buyer or the balance on December'31, 19$4,
wh16hever comes first.. Said: note will be secured by a mortgage
.14
on the subject premises subordinate to and only to a mortgage
granted to the Buyer by a financial institution for bona fide. .
improvements to the property: }
' (b) Buyer's obligations hereunder shall at his option
terminated with respect to any tot which is not an acceptable
'buildable lot on which a home containing 2,500 square feet or,
livable area, (not including garage), may be built:' f
(o) Seller's obligation to deliver. title hereunder, shall be
subject to. Its receipt of clear title on a timely basis,
" l within 30 days from date of this, agreement. ?
: = 1 (d) .Seller will provide Buyer with a topo plan of area in or
around locus where percolation te8t•wa3 made and. area of \ ',
a building site. +' `
f ,3s (e) Seller to provide a' Certifleate, of Compliance of any or
all covenants of the North Andover Planning Board and Wetland
]"�. ,, ;r„•;; as{t: Commission.: r'
r. (f) Seller warrants that Lot; Whereunder will; within one
.,
year of the date of sale .to Buyer, be -an- approved buildable
. : ..separate one aore lot with satisfactory test holes and per-
sew + ya oolation tests, and with 150, feet of approved road frontage.
Seller may\ satisfy road. frontage requirements by either: (1)
' transferring additional land on dill Street at no additional cost
to the Buyer. •(2) building an approved road along the
easterly boundary of said lot 3A, as Seller shall elect.
Buyer shall be responsible for obtaining the necessary town,
r> 'Irvariance to permit subdivision of iota 3 and 3A at the line`
shown on the attached plan,- or for moving, reducing, or elimi-
nating the mill structure on �ot 3 so that s variance 13 not
required.
It. is understood and agreed that the"lot lines affeatirlg-_the _.
lots herein shall, not be materially altered.
COh4fONtdALTH OF MA3SAC}1USEITS
P,
ESSEX,. es. �� January 18, 1984,
Personally a-peered the above nerved Stephen M. Leone and
#' acknowledged the within a&roemen to be his free act and
„ deed, before me �?
€ N ARY PUBLIC ef
` 5� Recorded Jan.19,19A4 at 2:?9P11 #994 JOSEPH A, MIRAGLIOTTA
=1
�r
mom
NORTH ANDOVER HISTORICAL SOCIETY .
GALLEY 18
One first Period house in North Andover which may have
originally been built on a one-room with integral-leanto plan
is the ca. 1709 Ebenezer Frie House, now the eastern end
of 140 Mill Road (Fig. 11).19 Unfortunately, the Frie House
was damaged by fire at an early date and its original form re-
mains somewhat conjectural. It is quite clear, though, that
the western half of 140 Mill Road is actually an addition to
-� Ebenezer Frie's original dwelling. Ironically, this western
"addition" is part of another First Period house. Reputedly
built forJohn Carlton on Claypit Hill in the 1690s, it was cut
down in size and moved up against the Frie House in the
1760s. If the traditional dates are correct, the "addition" is
some ten, to twenty years older than the house to which it
was added.
As is so often the case, the complicated evolution of the
house at 140 Mill Road is visible only from the inside; from
the road the building presents an aspect of serene complete-
ness which belies its true history. The siting of the house, and
the collection of venerable outbuildings gathered about it,
help further the illusion. Set on the shoulder of a small rise,
the Frie-Carlton House faces obdurately southward, despite
the fact that this puts it at a peculiar angle to the road which
winds past it. To its east, a small barn and smaller shop (the
last thought to have been built in the eighteenth century as a
shoe shop) shelter against its flank. Across the road, a long-
derelict cider mill marks the edge of what was once one of
the finest orchards in town, a relic of the days when cider
was a New Englander's favorite drink. The buildings, the
trees, the stone walls, present an image of a farmer's homelot
which is perhaps as close to the late eighteenth-century real-
ity as modern eyes are liable to see (Fig. 12).
Most of the larger First Period houses were built, not on a
one-room with leanto plan, but on a two-room, central-
chimney plan. Dwellings of this type might be described as a
pair of one-room houses butted together to share a common
entry and chimney stack. Most often, the rooms on one side
of the house would actually be slightly longer than those on
the other, throwing the chimney stack and doorway some-
what off-center, an imbalance which distinguishes these First
Period houses from their normally symmetrical Georgian
descendants.
The two-room plan house allowed- the better-off family to
separate some of the diverse functions which had had to be
indiscriminantly packed into the hall, chamber, and garret
of the smaller dwellings. The major change occurred down-
stairs, where the parents' bed was moved out of the hall and
into the second downstairs room, the parlor. In this room
would also be kept the family's best furniture, and here com-
pany would be entertained, while the hall maintained its
function as the common cooking, eating, and working room
for day-to-day living. Upstairs, the new chamber and enlarged
garret simply doubled the space available for the working,
sleeping, and storage functions already taking place there.