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HomeMy WebLinkAbout1993-06-08 Decision DEF SUB P ' a FORM C t n011i�:�. l.,l,''!t; APPLICATION FOR APPROVAL OF DEFINITIVE F INITIVE PLAN February 16 l9 93 To the Planning Board of the Town of North Andover: The undersignedf being the applicant as defined under Chapter 41., Section 81—Lf for approval of a proposed subdivision shown on a plan entitled Definitive Subdi ision P1 n F by Christiansen & Sergi , Inc . dated Jan 1 , 1993 bein land bounded as follows: northerly by Wesley St . ; easterlyb ro erty o£ Schatzberg and Saville S . ; soot er y by Wallace St . ; westerly by Booth . St . hereby submits sa37 plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to ,the Board for approval of said plan. Title Reference: North Essex Deeds, Book , Page ; or Certif i.cate of Title No.1 14 41 f Registration Book. S_f page 16 9; or Other: Said plan has(X) has not( } evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) { ) disapproved (X ) on October 6 : 19 22 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's :Rules and Regulations. The undersigned hereby further covenants and agrees with the 'Sown of Forth Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance u-Ith the rules and regulations of the Planning Board, the Public Works Departmont, the Highway Surveyor, the Board of Health, and all general as well as zoning; by--laws of said Town, as are applicable to the installation of utilities within the Limits of ways and streets; 2. To complete and construct the streets or Kays and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a park, of this application. This application. and the covenants and agree- ments herein shall.,be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received b Town Clerk: Y J ' ( mature of Applicant Dat®: S&� Builders , Inc . Time: h �.,. r-e.. Signature: Methuen , MA 01844 Addre s s Notice to APPLIUAW/w * CLERK and Certification of Ac an of Planning Board on Definitive SubdiviL-on Plan entitled: Definitive �-u b d i v i s i o n_ o f I,b t 292 Shown on Land Court Plan 3263F � Bar: Christiansen dated Jan 1 , 19 9 3 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- divisi.on, all 'as provided by G.L. c. 41., S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That,, -as required by the North Andover Board of Health in its report to this Hoard, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4- 'Other .conditions: In the event that no appeal shall have been taken from said approval within 'E twenty days from this date, the North Andover Planning Hoard will forthwith ! thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANDOVER PLANNING BOARD Date: By: • FORM D DESIGNER ' S CERTIFICATE February 16 , 1993 TO THE '-XANNING BOARD OF THE TOWN OF NORTH ANDOVER: Definitive Subdivision of Lot 292 shown on In preparing the plan entitled Land_ Court3263 _-- I hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the cur •ent Rules and Regulations Governing the Subdivision of Land in North Andover , Massachusetts , and my source of information about the location -f ',oundaries shown on said plan. were one or more of the following ; 1 . Deed from S&S Builders t-o. _McDonald - dated Aug 1992 and recorded in the Registry in Book 85 Page 169 2 , Other plans , as follows L . C. 3263E 3 . Oral information furnished by 4 . Actual measurement on the around from a stating point established by L. C. 3263F 5 . Other Sources f S ' ned n (Seal o � � �+" or ( Registered Profes io 1 Engineer or Surve ICHAE Registered Land S r eyor) J. Christiansen & Sergi , Inc , SERGI i�i 160 Summer Street STER�� �,�`��q. Haverhill , MA 01830 �h�A( ' w LA4511� Address r r �S i` 1 l ti� � �` l I I J FORM CERTIFIED LIST OF ABUTTERS February 19 93 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER ; The undersigned , being an applicant for approval of- a Definitive Definitive Subdivision of Lot 292 Plan of•a proposed subdi vi si d'n entitled Shown on Land Court Plan 3263F submits the following sketch of the land in the subdivision listing the names of the adjoining owners in their relative positions - and indicating the address, of eac-0 abutter on the sketch or in a separate list , - in - cluding owners of land separated from the subd `�vision only by asJtreet . jjqture o Applicant Silders , Inc .6ick Circle Address Methuen ; MA 01844 February 1993 TO 'THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER : This is- to certify that at the time" of the last ass essme.nt for taxation made by the Town of North Andover , the names and addresses of the parties assessed as adjoining owners to the parcel' of land shown above were as above written , except as followsc ' Assessor LIST OF PARTIES OF INTEREST �-JAP # PARCEL # NAME ADDRESS 124 Blueberry Mill , North Andover 98C 30 William S and P 98C 31 0tis Street omin John H. Cartoll , 1501 Alain St . , Tewksbury MA 01876 98C 36 Alon Schatzberg and Leah Ziyh--Schatzherg 34 Wesle. St . , No . AndQyer 98'C 41 Herbert 'O. Pickard and Sue Bottiggi 2 Adrian St . NoAndQver 98C 42 , 43 , 44 , 4 Gaspar J. and Raffaela G. Balsamo 8 Adraan St , No . Andover 14 Stephen M and Cheryl A. Juba 55 Salem 5t IF OT15 STREET IV/F BLICCO. NOMINEE TRUST SA VIL L E C 40' WIDE PRAIATE ) STREE REYRICTIVE EA SEMENr ``_L 201W/DE SEWE EASEMENT SCHATZBERG 2s wioE L VIA, 1 KRICA � . 1 EasEtirEwT _ JL/B,q REA LAY LOT 293 zs'wIDE ; LOT 2 94 LOT Z95l TRS-r UTILITY E _.l 1 f45EMENT �� ROw 4r� E45EMT. Q tom-- BOOTH (40'WIDE PR111,4TE ) rn �. STiQ�cLcj- - <1 N/F VIF PI RD BALSAMO HIF BALSAMO W BOTTIGGI r- Q � V b rn i § m ADRIAN ST�EEr �o - r�, I I FORM L REFERRAL .FORM _Preliminary Plan Definitive Subdivision Special Permit Site Plan Review North Andover, Massachusetts 19M Director, Public Works Director of Engineering & Administration -Suparv4goz of-T.- Fire Chief Conservation Commission Inspector of Buildings Board of Health Police Chief Planning 'Board A Public Hearing has been scheduled for p.m. on to discuss these plans. (Preliminary plans do not need public hearing.) May we have your comments and recommendations concerning these plans no later than Y'fY►YC� �`�[ . �Gt�� Thank you, k Clerk, Planning Office Notice to APPLICANT/TC' CLERK and Certification of Ac' )n of Ylannimg Board' on Definitive Subdivis.Lon Plan entitled: ➢e i i n i t i v e a b d i v i s i no f 292 Shown on Land Court Plan 3263P By: Ch dated .Jan 1 , 19 93 The North Andover Planning Board has voted to APPROVE said plant subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the Land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. 41.t S. 81--U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. Th , as re���assho-wn dNorth Andover Ba eof Hea��ace�du,, repo to d o boilctures be built on ots this Bo , n No. on said Pl without e prior co sent of said Boartf of Health. 4. other .conditions: See Attached .. o i- .GX) said al within In the event that no appeal shall have Andover taken ann�x�g Boardapwpilrl�forthwih twenty days from this date, the North thereafter endorse its formal approval upon said plan. 0110 s . NORTH PLANNIIG�C�dQ Q Date: .Tune 8, 1993 By: Richard Nardella, C air Booth Street Definitive Subdivision Conditional Approval The Planning Board herein approves the Definitive Subdivision requested by S & S Builder, Inc. , dated March 10, 1993 , consisting of 2 lots on approximately 50, 000 square feet of land on Booth Street. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated January 1, 1993 , include all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. Prior to endorsement of the plans by )the Planning Board the applicant shall adhere to the following: a. The applicant must meet with the Town Planner in order to ensure that the plans to be endorsed conform with the Board' s decision. b. A detailed construction schedule must be submitted as part of the plans. C. A covenant (Form I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition #3 (c) . d. Right of way dedication easements for the proposed roadway shall be prepared at the applicant' s expense and provided to the Planning Office. e. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it i must be filed with the Registry of Deeds. f. All drainage, water (if applicable) and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation must be included in the design and shown on the construction schedule required in condition 1 c. g. The catch basin as shown on the reference plans, must be relocated out of the right-of-way. The applicant is directed to work with the Department of Public Works in the relocation and design of this catch basin. The relocated catch basin must be shown on the plans endorsed by the Board. h. The cul-de-sac must be relocated and reconfigured to fit inside the exiting right-of-way where Booth Street and Wallace Street intersect. Whatever required pavement does not fit within the existing right--of-way will be placed on a portion of Lot 295 . The applicant is to work with the Department of Public Works in the reconfiguration and relocation of the cul-de-sac. The relocated cul-de-sac must be shown on the plans prior to endorsement by the Planning Board. i. All conditions listed herein, which shall require action by the applicant after endorsement, shall be placed on the final sheet of the Record Plans which will be presented for endorsement by the Planning Board. j . All application fees must be paid in full and verified by the Town Planner. All documents must be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. 2. Prior to the start of construction: a. The record Plans must be endorsed by the Planning Board and recorded by the Applicant with the North Essex Registry of Deeds. 3. Prior to any lots being released from the statutory covenants: a. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff will judge whether the applicant has satisfied the requirements of this provision prior to each lot release. 2 b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. Items covered by this security may include, but will not be limited to: i. as--built drawings ii. sewers and utilities iii. roadway construction and maintenance iv. lot and site erosion control V. site screening and street trees vi . drainage facilities vii, site restoration viii. final site cleanup d. All proper documents and easements required through Condition 1 must be in place. 4 . Prior to a FORM U verification (Building Permit Issuance) for an individual lot, the following information is required by the Planning Department: a. The applicant must submit to the Town Planner proof that the FORM M referred to in Condition 1 (f) above, was filed with the Registry of Deeds office. b. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds stamps must be submitted to the Town Planner as proof of filing. C. A plot plan for the lot in question must be submitted, which shows all of the following: i. location of the structure, ii . location of the driveways, iii. location of the septic systems (if applicable) iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a North Andover Conservation Commission (NACC) order, of condition, vi. any grading called for on the lot, and vii. all required zoning setbacks d. All appropriate erosion control measures for the lot must be in place. Final determination of appropriate 3 measures shall be made by the Planning Board or Staff. e. All catch basins must be protected and maintained with hay bales to prevent siltation into the drain lanes during construction. f. The lot in question shall be staked in the field. Any major departures from the record plans must be pointed out to the Town Planner. The Town Planner will verify that the changes will not require a modification to the decision. g. Lot numbers, visible from the street, must be posted on all lots. 5. Prior to a certificate of occupancy being issued for an individual lot, the following shall be required: a. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant must ensure that all required inspection and testing of water , sewer , and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the approved plans and profile sheet. b. All necessary permits and approvals for the lot in question must be secured from the North Andover Board of Health, and Conservation commission. C. Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question must be properly stabilized, as judged by the Planning Staff. e. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer ' s responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. 6 . Prior to the final release of security retained for the site by the Town, the following must be completed by the applicant: 4 a. An as-built plan and profile of the site must be submitted for review and approval. b. The applicant shall petition Town Meeting for public acceptance of the streets. Prior to submitting a warrant for such petition the applicant must review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board must hold a portion of the subdivision security for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer' s responsibility to insure that all proper easements have been recorded with the Registry of Deeds. C. The Town Planner will ensure that all planning, conservation commission, and department of public works issues and conditions are satisfied and that construction was in strict compliance with all approved plans and conditions. 7 . Two to two and one half inch caliper (2-2 . 511) street trees are to be placed every fifty (501 ) feet along both sides of all new roadways. A variety of species, recommended by the Tree Warden, must be planted. 8 . The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed only within the Town Bylaws and State Statute and only with the review and approval of the Fire Department and conservation commission. C. Pressurized fire sprinkler systems must be designed and installed under the direction of the fire department. This condition may be deleted without modification procedures in the discretion of the Planning Staff in the event an agreement can be reached pursuant to Condition 11 below. 9 . Tree cutting shall be kept to a minimum throughout the site in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Tree Warden when tree cutting is to occur. The Tree Warden may pre-approve any major tree cutting. 10. The applicant must not retain exclusive right to the sewer 5 D and roadway. An easement will be granted to the town which will include the general public to access the roadway and utilities proposed. This condition may be amended without modification procedures in the discretion of the - Planning Staff in the event an agreement can be reached pursuant to Condition 11 below. 11. The Department of Public Works and the Fire Department have expressed concern over the lack of water in this area of town. The Subdivision Rules and Regulations for the Town of North Andover require that water mains be constructed and installed to provide adequate water supply for domestic and fire protection use. As such, the Planning Board would encourage the applicant to install a water main as part of this subdivision. Thus the Planning Board will require the applicant to actively pursue the construction of the water main within the next 30 days. The applicant is directed to work with the town staff in an effort to obtain an agreement as to the construction of the water main. In the event such agreement can be reached, paragraphs 8c, 10, and 20 may be amended by the Planning Staff to the reflect the terms of such agreement. 12 . Any action by a Town Board, commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, shall require a modification of this decision by the Planning Board. 13 . There shall be no burying or dumping of construction material on site. 14 . Any signs utilized for this project must obtain a sign permit as required by Section 6 of the Bylaw and will be reviewed by the Town Planner. The Planning Board will review any entrance sign structures. 15. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 16. Gas, Telephone, Cable, and Electric utilities shall _ be installed as specified by the respective utility companies. 17 . All construction shall commence by June 9, 1995 (two (2) years from the date of this approval) and shall be completed by June 9, 1998 (five (5) years from the date of this approval) . 18 . The provisions of this conditional approval shall apply to 6 and be binding upon the applicant, its employees, contractors and subcontractors, and all successors in interest or control. 19 . The following waivers have been granted by the Planning Board: a. Section 7 (A) (2) Width: Booth Street was laid out in a subdivision plan recorded in 1913 . At that time forty (40) foot right-of-ways were required. Therefore the Board will waive the current fifty (50) foot right-of- way requirement. b. Section 7 (A) (4) Dead-End Streets: The Planning Board waives the street length maximum of 500 feet. Booth Street was created as part of as old subdivision, therefore it the potential exists for further expansion. No wetland will be impacted. 20. The Planning Board has determine that due to the fact that Booth Street was created as part of an old subdivision and due to its location in an isolated section of North Andover, sidewalks do not need to be constructed. However, in , lieu of the construction of the sidewalks, the applicant will be expected to contribute to the town' s sidewalk fund. The amount of contribution will be determined by the Deparment of Public Works in conjunction with the Planning Staff. 21. This Definitive Subdivision approval is based upon the following plans: a. Plans Entitled: Definitive Subdivision Plan Being a subdivision of Lot 292 shown on Land Court Plan 3263F Located in North Andover, MA Dated: Jan 1, 1993 , with further revisions Applicant: S & S Builders 6 Fenwick Circle, Methuen, MA Owners: Charles W. McDonald & Lorna U. McDonald, Booth Street, North Andover, MA Prepared By: Christiansen & Sergi, Professional Engineers and Land Surveyors, 160 Summer Street Haverhill, MA 01830 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief 7 Fire Chief Assessor Applicant Engineer File Booth. subd 8 i' I� F J KAREN HY, NELSON Town 120 Main Street, 01845 of Diredw- (508) 682-6483 NORTH ANDOVER BUILDING "SsCONSERVATION DIVISION OF EA HLF11 PLANNING PLANNING & COMMUNITY DEVELOPMENT The Applicant and the Town agree to take the following steps towards extending the watermain to Booth Street. 1. Town to contact landowners about granting an easement to the Town for the watermain. Applicant agrees to pay up to $4, 000 for easement acquisition. 2 . Applicant to provide plan of the easement and the easement document for review. 3 . If landowners grant easement for $4 , 000 or less, applicant agrees to construct watermain from Blueberry Hill to the end of Booth Street at approximately Station 5. 0. 3 . If landowners are not receptive to grant of easement for $4, 000 or less, the Town with aid from the applicant, will start the eminent domain taking process. 4 . Title reference, description of property, and warrant article will be provided by the applicant. 5. Appraisal of property will be provided by the applicant. 6. Town Meeting will be held in Spring of 1994 to authorize taking. 7 . If authorization not granted, landowner can proceed to build subdivision with wells and sprinklers systems as approved. 8 . If authorization granted, title examination done by applicant. 9 . Order of Taking drawn up by applicant. 10. Order of Taking signed by Selectmen. 11. Order of Taking recorded by applicant within 30 days. 12 . Notice of Taking drafted by applicant. 13 . Notice of Taking signed. 14 . Applicant files Notice of Taking filed with Registry within 30 days of signing by Board of Selectmen. 15. Applicant serves Notice of Taking on landowner and on any r mortgagee, by personal service or service at residence and files copy with tax collector. 16. Applicant sends original Order of Taking to Engineer when received from the Registry of Deeds. 17 . Within 60 days of taking, offer made in writing to all persons entitled to damages. 18. Once eminent domain process is completed the Applicant agrees to extend the watermain from Blueberry Hill to Booth Street to Station 5. 0 . 19. Pursuant to Paragraph 11 of the Planning Board decision dated June 9, 1993 , Paragraph 8c of the decision is stricken and no sprinkler system will be required. Paragraph 10 and 20 of the Board' s decision remain in effect. 20. In the event that the Town is able to voluntarily obtain an easement from one but not both landowners as required for the watermain extension, the Town and applicant agree to proceed with the eminent domain process as outlined above to obtain the second easement. In such event, the acquisition costs to the applicant shall not exceed $4 , 000. 21. The landowners referenced herein are as follows: Gerald M. and Margaret Ann Camuso, owners of Lots 264 to 274 Plan # 3263B of the Mass. Land Court and Cheer S . and Jia In A. Chiranakhon, owners of Lot 39 on Plan # 27868B. & S Buil de s Inc. Dated by A red S raceno, President Wr r Tc6in of North And ver Dated by Planning Board Chairman i The Planning Board reserve the right to impose as a condition of approval the obligation to extend the public water main as it presently exists from the end of Blueberry Hill lane through the property of Cheer S . and Jia In A. Chiranaknon and Gerard and Mary Camuso so as to serve the lot shown in the subdivision submitted by the applicant . This reservation is contingent upon the applicant ' s ability to secure the easements necessary at reasonable costs . The applicant acknowledges that the costs of engineering, legal. , materials , road repair , machinery and equipment , labor and all other expenses have been researched and are deemed reasonable . In the event that the easements can be secured then the applicant or his assigns are relieved of any other conditions of this approval requiring a grant to the general public of rights to access the ways and utilities as installed in the subdivision. In lieu thereof the applicant or his assigns shall grant a limited easement to the Town of North Andover granting the right to access the sewer and/or water utilities in consideration of $12 , 000 . 00 for each of the next three lots as may tie into either utility. Irrespective the applicant shall grant to the Town of North Andover and the general public the right to utilitze the way as shown on the approved plan in order to pass and repass upon the way. I 1 ! NORTIA ANDOVER FIRE DEPARTMENT CENTRALFIFE HEADQUARTERS G 124 Main Street 4 North Andover, Mass. 01845 WI .IJAM V. DOI_AI , ! i i Chief of Deparfinen£ ;�� 1� `fTftf ( 08) 8 -3 12 To: Chris Huntress, Town. Planner From: Fire Chief Dolan ' RE: Booth St. subdivision Date: August 27 , 1992 The fire department is opposed to the proposed subdivision as presented. This subdivision does not comply with the Subdivision and Control regulations in the areas which are designated for review by the Fire Department. Specifically, there are no provisions for fire protection, and the roadway grade as submitted creates an access problem. The access issue is covered in section 4 B 2 of the regulations. The department would prefer to work with the Department of Public Works in reaching a resolution to the steep grade of the roadway. Section 7 L Water Facilities (1) requires the installation of water supply, for domestic and for fire protection for all lots. Item 8 of that section states "Whenever public water service is not to be installed, reservoirs for fire protection may be required, as recommended by the Fire Chief. " If there is no public water supply, I am recommending the placement of these reservoirs within each proposed dwelling unit as part of a self-contained residential sprinkler system. Those systems to be installed in compliance with NFPA 131), 527 CMR Mass. Fire Prevention Regulations, MGL Chapter 148 and North Andover Fire Department requirements. With the installation of such systems and a resolution to the grade, the fire department would withdraw objections. William V. Dolan Fire Chief cc. Lt. Ken Long "SMOKE DETECTORS SAME LIVES`° I N 0 R 0 V E R I