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HomeMy WebLinkAboutCOATES, ALBERT NoRry �o • �Q� SEHb/o F �r � C o SEP T • tsss p M 1973`a --�-"a. BOARD OF APPEALSNo - ,..�+}T��`� C� TOWN OF NORTH ANDOVER �n 4 Moved not i0i •rardablQ L • . • MASSACHUSETTS Addrvs��e an�CnOWi7 John J. Rdnayne 132 Stevens Street North Andover, Ma. 01845 ----------------------------- ----------------------------------- J/LiC-•.G..6" L.fl.{:,.C�.. i; ' 13 - _ 1 �'����� � s• . �� >�""`"`�''"`"�-uL.4_._ j ��'Cn ���t d� •'�`-1 ,� �t.f�J "�/2 rc4,GGQ./ E -hL/ 73 �V G L�%, � c.ZDo �/� 6 oA �o-�-e-/z ate✓ • \ trw ' '-/ -ems mak, 44;4 f,�Y- A-k,� OttFo- /01 6?0 " , r i�-�-� ,Cep,,� � _ ,�..-• I^�v K ZX � i ��J�-yam.. �_tr,.�:��-wu�-�.•�a it J �y/3 i► 4 1 COMMONWEALTH OF IUSMHUSETTS ESSEX, SS. HEARING before the Board of Appeals of the Town of North Andover, Massachusetts, held at the Town Hall, North Andover, Massachusetts, on Wednesday, August 22, 1973, commencing at 7:35 P,m• in the matter of Albert Coates and Others versus Charles H. Foster, Building Inspector for the Town of North Andover, and the North Andover Board of Appeals. PRESENT: Frank Serio, Chairman (presiding) ; Messrs. DiFruscio, Noble, Belliveau and Salemme, Board Members; Charles W. Trombly, Esquire Harold Morley, Jr., Esquire For the Developers. LANGE and TOROSIAN a 0 CERTIFIED SHORTHAND REPORTERS' 335 COMMON STREET LAWRENCE, MASS. 01840 ao pt 688-5013 o■ru At the North Andover Town Hall, North Andover, Massachusetts, on Wednesday, August 22, 1973, commencing at 7:35 P.m. THE CHAIRMAN: The meeting will please come to order. The purpose of this meeting tonight is to come to a decision on the appeal of Albert Coates and Others versus Charles H. Foster, Building Inspector. All the testimony, all the public testimony was heard and received before this Board on July 30th. Other correspondence has -been received and reviewed by all the Members of this Board. So I will ask the Members of the Board at this time if there are any other questions they would like to discuss. DR. BELLIYEAU: Could we open up that plan? ti. THE CHAIRMAN: Sure, DR. BELLIYEAU Is this a public street here? What is this? THE CHAIRMAN: This is just a boundary line with a buffer in here. DR, BELLIYEAU: Okay. So none of this could be used to take off frontage, right? THE CHAIRMAN: All of it has to come from here. i `r DR. BELLI78AU: What about some of these areas where they have no frontage on these town houses? THE CHAIRMAN: You mean directly like this here? DR. BELLIUW No, I mean places where there was no frontage taken off, like in this corner right here, see? THE CHAIRMAN: I see what you mean. DR. BELLIYEAU And this corner. Like the frontage on Osgood Street comes across and over here to these units right here. I was wondering if it would have been possible fo7r them to just come straight out. THE CHAIRMAN: You do have this bank here. And, of course, this is no street so you couldn't come off that way. THE CHAIRMAN Any other continents on it? Any other comments from any of you members? Gene, do you have anything else? DR. BELLIYEAU: No, MR. DIFRUSCIO: : No, MR. TROMBLY: Mr. Chairman, before you vote do I understand that you requested an opinion of Town Counsel? I THE CHAIRMAN: Yes, we did. MR. TROMBLY: Can I ask you to read into the If record your letter of request and his opinion to the Board? THE CHAIRMAN: I don't know if it's required that I do this. As you know, all the questions from the floor are closed for this evening so I will not take any questions from anybody from the floor. This is strictly between the Board. As I mentioned at the start of this meeting, all correspondence has been m received and has been read by all the Members. MR. TROMBLY: Do I understand that your answer to my request to the Board is no, that you will not read the letter of Town Counsel into the record? MR. DIFRUSCIO: If it's all right with the other Members, I can see no harm in it. THE CHAIRMAN: Do you have any objection? DR. BELLIY&AU: No. I think in the event you do read the letter from Town Counsel that you should read all the correspondence. THE CHAIRMAN:- All right. MR. BLACLSTOCr: Is there a vote made on i that? Should there be a vote by the Board on that? There was a recommendation by a Member and I was wondering if the Board should vote on it. i r DR. BELLITM: I think the Chairman can rule on that. MR. BLACKSTOCI: I thought he had ruled before i when the meeting started that he had received and read all the correspondence received. THE CHAIRMAN; Does anybody object to my reading this correspondence? Do any of you Members object to this? 4 MR. SALENKE: Yes, I do. THE CHAIRMAN: You object to my reading this? MR. SALF.1M: Yes, I do. MR. DIFRUSCIO: May I put it in the form of a motion? THE CHAIRMAN: Yes. MR. DIFRUSCIO: I make a motion to the Chairman that you read Town Counsells letters. THE CHAIRMAN And any other letters? MR. DIFRUSCIO: And any other letters, if so desired. THE CHAIRMAN: Do I have a second to that motion? MR. NOBLE: I second it. THE CHAIRMAN: All in favor. - [Four Members voted in favor of the motion.] THE CHAIRKANt All opposed. [One Member voted against the motion.] THE CHAIRKAN: Do you have any other letters there? I thought I had them in horse Here they aroo We have received two letters, one from Town Counsel and one from the Chairman of the Planning Board, and_I shall read both of theme This is from Arnold He Salisbury, Town Counsel, dated August 20th, 1973• "Dear Frank: I have your letter to me dated August 13, 1973, inquiring as to whether or not the proposed town house development on the former Stevens Kill site constitutes a subdivision under the subdivision control law. The governing statute is, of course, Oeneral Law Chapter 41, Paragraph $1 L, which officially defines a subdivision. That statute specifically provides that 'the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision if at the time when it is made every lot within the tract has frontage on a way which the Clerk of the Town • r certifies is maintained and used as a public way. ' I enclose herewith a photocopy of such a certificate from the Town Clerk of North Andover with u reference to Harkaway roads ' .i!' t a 5 q The answer to your specific question is, therefore, in the negative. Very truly yours, Arnold H. Salisbury, Torsi Counsel." " And the attachment is "To Whom It May Concern: 1, John J. Lyons, Town Clerk of North Andover, Massachusetts, hereby certify that Harkaway Road, this `Down, is maintained and used as a public way. Very truly yours, John J. Lyons." DR, BELLIIIEAU Excuse me. Who else received that? THE CHAIRMAN: This was sent to the North Andover Planning Board, the lbrth Andover Building Inspector and Attorney Harold Morley, MR. DIFRUSCIO: Mr. Chairman, THE CHAIRMAN: Yes. MR. DIFRUSCIO: If I may, in that letter he states that that is his opinion; am I correct or not correct? THE CHAIRMAN: That's right. MR, DIFRUSCIO: In his opinion? THE CHAIRMAN: Yes, MR. DIFRUSCIO: Fine, THE CHAIRMAN: He doesn't use the word opinion as such. He says,, "The answer to your specific question a " is, therefore, in the negative." We have another letter here dated August 21st again from Arnold H. Salisbury, Town Counsel, to the Board of Appeals. This is in reference to "Town houses permit, Former Stevens Mill Site, Gentlemen: I assume that you have received a communication from Attorney Herbert Phillips concern- ing the above matters He raises the question that at, the time of the issuance of the building permit in question, on June 4, 1973, there was in existence a deed from Mr. Landers to Charles W. Trombly dated May 290 1973. This is indeed the fact but the deed in question did not take effect until its delivery to Mr. Trombly on June 5, 1973, subsequent to the issuance of the permit in question. So that at the time of the issuance of the permit the legal title to the former Stevens Mill property Was indeed in Vincent Lander' s name. Accordingly, I think you will need not attach any particular importance to Mr. Phillips$ communication w to you dated August 17, 1973. Very truly yours, Arnold H. Salisbury, Town Counsel." j a . And the letter here from the Planning Board dated August 22nd, 1973, to the Hoard of Appeals. "Gentlemen: In response to your letter of August 13, 1973, requesting the Planning Board's opinion as to whether or not the Stevens Mill plan for town houses constitutes a subdivision, I wish to inform you that the Planning Board has not had an opportunity to meet on the subject. As an alternative, a poll was conducted amongst four Board Members (the fifth was unavailable because of an extended vacation outside of this area) resulting in a two-two split on the question. However, all were in agreement that there should be Planning Board subdivision control of the proposed development. Although the lot lines as shown on the plan may agree with the words of the zoning regulation, there is considerable doubt that the proposed develop- ment complies with the intent and purpose of the zoning bylaws. Of prime importance presented to the Town is lack of control over (1) area drainage and drainage system; (2) verified construction of roadways (whether they be called driveways, streets or access roads) ; (3) necessary application to State for permit to tie into sewer system; (4) proper surety of performance; t C. ,r h r 'P and (5) any other conditions that may be required of individual developments. It is of technical and legal interest to note that the developers recorded a five-lot plan of the site area as 'not requiring approval under the subdivision control law' but the town house lots shorn on the plan for which building permits were issued are not contained within the lots as recorded; i.e., the 11 individual town house lots crisscross the recorded lots, thereby nullifying the intent and protection of the five lots as recorded. In addition, the triangular lot on Stevens Street contiguous to Stevens Pond cannot support the number of town houses shown an the submitted plan. In summary., it appears that there is sufficient and reasonable doubt that the plan being appealed is not a subdivision or conforms to zoning regulations. Sincerely yours, Planning Board, William Chepulis, Chairman." Now, that is all the correspondence which we received in regard to this appeal after the public a hearing of June 30th. If there be no other discussion among the Board Members, I will entertain a motion. Is there Oki any other discussion on this? MR D FRUS I C I0. No MR. NOBLE: No, MR. FOSTER: Frank, I did send a letter to you as well. MR. BLACKSTOCK: Mr, Chairman, THE CHAIRMAN: This one on August 13th, MR, BLACKSTOCK: Mr. Chairman. THE CHAIRMAN: Yes. What is it? MR. BLACKSTOCK: We are here without legal advice tonight, the Petitioners or whoever we are. And can we rebut any of these statements? THE CHAIRMAN: No, you cannot, sir. I'm sorry, you cannot. MR. BLACKSTOCK: Well, it seems that everybody else has had their chance to speak. z THE CHAIRMAN: These are all public letters. That's why I am reading them. I will accept no other debate or comments from the floor. This is dated August 13th to the Board of Appeals. "Reference: Appeal of Issuance of Town House Building Permit. Gentlemen: One very important point which was not discussed at your last meeting has to do with Table 2 of our Zoning Bylaw. pX You will see that Subparagraph 7 has to do i with the paved driveways and roads providing access to town houses or lots intended for town houses. I drawing up the Zoning Bylaw the planner, Mr. Brown,' and the Planning Board saw fit to apply said Sub- paragraph 7 only to the R-5 District. If you will notice, Subparagraphs 5, 6 and 8 apply to the R-4 District and Subparagraphs 5, 6 and 7 to the R-5 orl u apartment district. Therefore, in applying our Zoning Bylaw to applications for town house building permits, Sub- paragraph 7 would apply only to developments in an i R-5 District. I bring this to your attention because it' may help you in reaching your decision. Very truly', yours, Charles H. Poster, Building Inspector." And that concludes all the correspondence that has been received since the public July 30 meeting. I will now entertain any motion from the Members. MR SALEMME: May I make a motion that the Building Permit 1737 issued June 4th, 1973, be revoked, THE CHAIRMAN; Is there a second to this motion? "tow .. MR. DIFRUSCIO: I would like to second it, Mr. Chairman, THE CHAIRMAN. .Any discussion? Any reasons for this? MR. SALEWW: I would like to state a few reasons, yes. One, the building permit was issued based on a previous approved subdivision that obtained the }: required frontage through extreme irregular paths. Two, the required frontage of many of the units in this project are conveniently attached to purposely avoid the Town of North Andover Subdivision Control Laws, and that frontage obtained in this manner does not meet the intent and purpose of the Zoning Bylaws. Three, the sheer size of this project of this magnitude warrants the control that the Subdivision Control Law will provide to protect the health and welfare of the project dwellers, as well as the best interest of the citizens of North Andover. Four, the continuous driveways of this project to gain access to the existing public ways constitute streets. d n 4 t Therefore, it is the decision of this Board that this does constitute a subdivision and should properly be before the Planning Board of Horth Andover, THE CHAIRMAN: Okay. All those in favor of this motion. DR. BELLIUAU: Wait a minute. What are we voting on? What is the motion? MR„ SALEMM : To revoke it. THE CHAIRMAN: All those in favor of the motion. [All Members voted in favor of the motion. ] THE CHAIRMAN: Unanimous. I will entertain a motion to adjourn. MR. DIFRUSCIO: I would like to make that motion, Mr. Chairman, to adjourn the meeting. THE CHAIRMAN: Second? MR. SAID: Second, THE CHAIRMAN: All those in favor. [All Members voted in favor of the motion. ] THE CHAIRMAN: The meeting is adjourned. [Whereupon, the meeting was adjourned at 7 7 .m. 52 p ] 'M k i dY•+ n CERTIFICATE I, Marilyn A. Torosian, a Certified Shorthand Reporter, do hereby certify that the foregoing record is at e he true and accurate transcription. of my stenographic notes taken before the Board of Appeals of the Town of Nortt� Andover, Massachusetts, on Wednesday, August 22, 19733 to the best of my skill and ability, Maril A, Torosian t 4 I 9 � COM!lORi�9�'0! w►s�cwssrrs smut is. M&MI G before the Dowd of Appeals of the Town of North Andaws, Massaahusetts, held at the Twsn Mall, Xwtk Andover, Massachusetts, on Monday, July 30t 1973, commencing at 7s45 p.a. J^ the matter of Albert Coates and Others :vwsas O9tarles E. Foster. isildiag Inspector Sw the 20w of North Andover# and the North Aoidwow Dowd of Appoals. 1�ItE88MR t Frank swrta, Jr., chaisean (presiding) I Messrs. Vie. fable, Beliveau and Saleam board Memberst Harbert F VUllips, esquire Icor the teti,tieaerst r Charles M. fly, Sr., esquire Harold Mornay, Js., esquire Julian J. D'Agostine, Require For the ""elopers, i s„oNTH LANGE and TOROSIAN = 0 CERTIFIED SHORTHAND REPORTERS 7 F 4335 COMMON STREET to LAWRENCE, MASS. 01840 ;•�aoclMls 688-5013. V4 Herbert P. Phillips, Esquire 4 Charles $. Foster 16 }' Charles W. Trombly, Sr. , Req"re 27 William Chepulis 48 Harold Morley, Jr. , Sequire 66 Julian J. D'Agostiae, Zmptre 71 Harold 6oyette 79 S I� t 1 i ' to Vii: AW t. At the Aorth Andover ib+a► wit North Andpser. Massachusetts, on Monday, July 30, 1973, commencing at 7:J5 p.e. a� INS CBAIRMIWs Tsaight we have a homing before the Board of Appeals of Albert Castes and Others versus Charles =. Poster, Building Iaopector, in the issuance of building permit Mo. 1737 to Vincent B. Landers for =r 152 town hoase units. Would you read tate notice,' please? DOCTOR Bsf.IVSAOs- "totice is hereby given that the Board of Appeals will -give a public hearing at the Town Building, Xwth Andover, Monday the 30th day of July, 1973, at 7s30 .to all parties interested in the appeal of Albert. Osa%is and Others versus Charles S. Foster, Building Inspector. under Gwmeral Laws Chapter 40A, Section 13, appealing the issuance of building permit ■o. 1737 to Vincent S. Lander* for 152 town house units located on Osgood, Pleasant, Stevens Streets and Dark Nay. Recorded by order of the Board of-Appeals, !rank Serio. ChaLzman. TNS CNAInWs --Wo will first hear from Mr. Albert Coates or these representing his. I queen Mr. Phillips is representing him. i _ f MR. PRILLIPS: Tee, Mr. Chairman. Mr. Chairman,. ma? I stnkA or be seated? Which would you prefer? IUs CKA1XMAN: Whichever you prefer: MR,M1LLI?9: I am just getting the naves for the record here. Mr. ChaixMm. alar I assume that these are the present Members of the Board? TRE CRAI11MANA there is one alternate sitting. MR. h1ILLIl.S: IMho is that? TRE CRAIAMBM: Mr, Roble. MR, !'UXUatS: !hank you. Mr. Chairman and Members of the Board of Appeals, for the record air came is Norbert Phillips and I an presently an attorney at 546 Main Street, Raverhill, Mass. representing, Albert Coates, Fredric E. Blackstock, Gilds Blackstock, Raymond Canty, Beatrice Canty, Colin Elliot, Dorothy Elliot, Geraldine Elliot, William McKinnon, Florence I imhos, John Donovan and Annette McHale. This is with respect to building permit No. 1737 which was issued by the Building Inspector, i Mr., Foster, on June 4, 1973, to one Vincent B. Landers w at 30 School Street, North Andover, Mass, The appeal S hick w you gsntlemen. I believe, all have received a copy of. gave you all received a copy of that? TEN CRAIlglAfft Yes. Mit, PRILLIPis Slay the record show, Mr. Chairman, eachandeveryme of the Members of the Board of Appeals, so -there won't be any problems at any later date, have all received due notice of the appealed filed. Is that a fair statement, Mr. Chaim"? 2= CKAISIMAitt Is that true? You all received notices? MR, MILLIPSt ,-Sft. Diftuscio, did you receive one? MR. D1YMWZCI Yes. MR, PRILLiPst AM is it a fair statement that this meeting is called pursuant to that appeal, Mr. Chairman? TXZ CRAAIRUMs That is correct. MR, PKILLIP % ?bank you, I will proceed. With respect to this petition under the General Laws any time a building passit is issued it is incumbent upon an aggxI~ party to state his grounds • as to why the building permit should not remain in effect in issuance, And the parties here have set forth eight reasons as to why this building permit should be .u. � .. "116`_• , iY. ii revoked. And not withatamiiag a41tbing that is said here this evening by way of arquamt, it is not to be' interpreted that any one of the arguments are being waived or relinquished. I wast to make that clews because there is one important point that I will spend some time on that we an resting a great majority of our case on. That is not to may that the other seven or six points art of little importance because we bave`"' insisted on those at all material times. Gentlemen, I think that the basic issue bore is whether or not this wan and this permit, I should say, that has been issued with all the plans and the maps and the attachments thereto that were submitted to the building Zuspector, wbother or not they constitute a subdivision ander the Subdivision Control Law which is in effect is the lime of North Andover. And that would be--I don't know what chapter number the Town has but they have rules and regulations governing subdivision of North Andover that have been adopted under Subdivision Control Laws Section SIX to 810G, Chapter 41. I don't know Mien that was adopted. I imagine that it was adopted saw time back. IIS in any event, it is in effect on and after January 1, 1973, and, of coarse, this building permit 1 AM having been issued on June 4, 1973, this would be the document that would be in effect and the Town. pros"abiy, has adopted to go under subdivision Control Law some time prior to the issuance of this permit. And so, the issue sesiina as to this permit and these plans to build approximately 153 town houses, whether or not they constitute a subdivision, And we maintain that this does. We maintain that it does in all respects. I had some of the plans open up here before but, I imagine., that eat and every one of you has had an adequate opportunity to -examine these plans and has had an opportunity to exandAe the tract of land or if You have not had this opportunity to examine it, that You will investigate and .examiae it before you make your decision because a lot, 4f course, in at stake. We are talking about a project that encompasses close to three and a half million dollars in construction costs. And I dont want to leave the impression at all that these people that I represent are against progress and are against development of the area. I think they are well aware of what should or could be done in that .area and it is just a matter now of control and that is the slain purpose of the t 9 Subdivision Control law. I think that if you go to the preamble in Chapter 41L, i believe it is ftapter 410 Section S1M, "The Powers of a Planning Board and of a Board of Appeal under the Subdivision Control Law shall be exercised with due regard for the provision of adequate access to all of the lots in .a subdivision by that will be safe and convenient for travels for lessening congestion in such ways and in the adjacent public ways= for reducing danger to life and limb in the operation of motor vehiclosl for securing safety in the case of fire, flood,• panic and other swergenciest for insuring compliance with the applicable _soning ordinances or bylawsr for securing adequate provision for water, sewerage, drainage and other requireosnts where necessary in a subdivisions and for co-ordinating the ways in a subdivision with each other and with the public ways in the city or town in which it is located and with the ways in neighboring subdivisions." Now, this is not a Planning Board that is sitting here tonight and t an well aware of that. But what we are trying to impress upon this Board is that this, gentlemen, is in substance this permit, this development, thisplan is in substance, not in form necessarily but in substaft"t a subdivision and should be controlled by the Plassiag Board. Subdivision Control Law would be applicable. The Planning Board and the people, so-called people who are conducting the business of this the people that Mork right ]ore in the sown offices, whether it be the Depart asat of Public storks or the Mater Department or the Building Inspector or even the Board of Appeals, lbatevv departments are involved, the Fire Department, the Police ogWtment, they would all have cents,ol over this project and not as if you were putting the cart before the horse* which is what we think has really happoned barge The more fact .that .these might be other previous developments that have gone an in this Tom without it coming under a Subdivision Control Law does not mean that this one automatically should fellow. If a mistake has been nide previously by the Town" in allowing a quasi subdivision to exist Mid out Subdivision control Law being appliedandwithout the Planning Board sanction and compliances thereon* that does not mean that this one has to automatically follow, we tool that is every form as a matter of law, maybe not so_ much would moot it initially as a matter of law, the entire substance, the entire crux of this plan here is and constitutes a -subdivisions therefore, should go to the Planning Board. And it would be this Board of Appeals dhich would have to have the courage, and I wean, to overrule the Building Inspector and bring this to the place where it belongs. It eight wind up back in your laps. I can assure you that this isnot the type of case that we had before .you last October and November and, obviously, you psrepAe at the Hoard of Appeals are perhaps in a way fed up with us that we are taking too much of your time. But I as sure you all recognize our rights and we have them. And I an certain that that's why you are giving us as fair a hearing as possible and we appreciate that. But we feel it would take a very courageous Board of Appeals to look right through and to stop and not at the fine is and the dotted is but to look at really what exists here. And if you look at this plan and the complexity of it, you would see that it does constitute a subdivision. The argument even becomes better for the petitioners here when one asks, "Mat would really. be required of the Respondents? What would have to be done by thew in, order to bring this petition properly before U i the Planning board? ldat would they be giving apt'' And h we maintain that they would be giving up very little. If they are complying with everything that is fee the betterment and the welfare and morals of the people of !North Andover--and who also is this for, believe me, if this isn't for the people of North !Andover. And I don't mean it is something fon' them in an uncharitable manner-- if this is for the good of the people, then you can't allow this to go on just because someone is attempting to capitalize on it. It is going to affect each and every one of you in your schools, your fire protection and police protection sued "tbings of that nature, So we submit it is not going to take that much for them to go under the Planning Board and to go under their rules and be governed by them, post the bands that have to be posted. And these people who live in the area will not have to worry about if something happens to the developear along the way or if their financing fell through or if somebody gave a commitment elsewhere. People that way have been developing night be the finest people in the world. I know their attorneys. They are high in integrity, You have board that speech a thousand times, ler. Chairman, but they are, They have been very polite to us. They have approached our people and I have welcomed it. But I think what it really comes darn to is to ask these developers to go to the proper Board, to the judicial body of this 'h,wn that can protect the people because there is so way to protect them.ones the building permit is issued and once our appeal period goes by, they can build just as they feel. But we feel that eiktra bit of cooplianeewould satisfy us. And I might mention for the record if they would do this, each and everyone of the signatories of this appeal would not appeal in opposition and would not register any opposition' dirootly or indirectly. And I say that as a.matter of public record,- that we would not register any opposing views to stand in the way of any subdivision that the. developer' might have before a planning board. Now, l am only speakinq, naturally, for the people in this petition here but I think that we could make a very sincere and earnest effort to even file a petition for something that would satisfy, the developer as to other� peopll that they have not seen fit to come with this petition to this Board. Therefore, other apgpments that are to be made, and I will speed'just zwrbe one or two mom ants on • i . theta, basically, argument No. 2 In my appeal is a summary of everything also that rias been and will be s aid. And No. 3 is in the sant category. Why they 4i were numbered and not saMettered is perhaps a matter of expediency when I dwiw it. On goo. 4 your somiag ordinance leaves much to be desired. " This does not mean that your '8awn, is to be critized, believe me. in our city of saverhill we have probably a worse ordinance. In fact, we had such a tough time with it that we had to spend thousands of dollars and redrew our ordinance. But your definition distinguishing between town houses, multi-family dwellings and apartments leaves much to be desired, And if they are treated as one and. the same, again- the substantial gains form arguments to control, then they are not aliowed' and, of course, you could not build these town houses in that district. Another argument is that--that's No. 8--that the "town houses have been stricken from the zoning ordinance and there is,. I suppose, some controversy as to the legal effects of that. But we ore taking the position for purposes of this hearing this evening that the !I passage of December 20th, ,1172, Which was approved on �i Y. ' ld i April 4th, 1973s not withstanding the potential filing Of any plan at the R41Vi4tHY of needs that the developer might have weld, obviously, wake defective the provision of taws► boamms tbat' they are now claiaing. In other words, the tam bouses are raw outlawed in the Town of North Andover and in our R-4 District. As far as the we regulations and dimensional requirements, I would call upon the developer to prove '. every one of these. I do* of believe that they meet all of the requirem to that are set forth as far as single lots would e3dat,, if you were talking about a single lot in a subdivision. I think if you made each one of these town houses stand on its own merits as a lot of land, Z d© not believe that you would be able to be within the jurisdiction of the dimensional and the use regulations. Por esonple, this sidelines. Obviously, there are no sidelines on town houses and that is illegal to start with. That is just a simple illustration. Everybody has to have sidelines if you are having a house. This is not like San lreawisgo, if you have ever been out there--and I had the opportunity of just being there--they are just like row bouses, left and ` right. And if you want to see something that is really 'Y • 1S F• horrendous, even though it night be a commPo litan beautiful city. I think we are talking about a different ballgaas. !o that is just an example of that. I would ask you tip r the plans that have been submitted. And so, gentlersa, that is all I have to say. I don't knot whether may of my group wants to speak this evening, i think that we have cleared it mostly in this appeal to -yew Board. And, agWai, I would ask you to allow ne to robot if that is permissible at this heairin after my Brother or Brothers— I ase there is. a whole array of attorneys have this evening. After they have had their opportunity, I would like to speak again, lhaak you very ate. MR CB7►1RMMS Do any other aasbers of Mr. Phillips' group bore wa& to speak? MR. CAl1'"!s 2 would like to have the opportunity to rebut after I Dear their story. MR. PSILUM Could I have them stand for the record to see just who is here? Just raise your hands, Let's see who is here. There are 14 people bore that I count. V TM CRAIRMAYs I would next like to hear from Mr. Poster, the Building Ynspector. . .•mitt .t, ,w•`.' .tn,ori`:, r � � .... ..,. MR.PDPTSR: I think this evening is rather unique. This is the first time I believe in the history of the Town that we have had a-situation like this where anyone has had a lililAiaK Inspector speak. Not that it won't happen again. Rett, naturally, having investigated this application and issued the persiit, I feel I must defend it, Of Owes. And to begin with, as Mr. Phillips pointed out, our coning bylaw dew leave same questions to be answered, certainly, and the tam houses are perkaps the area of the zoning bylaw that is least saplicit and most subject to intsrpretation. After the soning bylaw was passed, naturally many portions of it had to be interpreted and many discussions were hold regarding this town house section with Town Counsel, Numbers of the Planning board. Members of the P.A.C.--that's the Planning Advisory Committee who assisted in drawing up a new zoning bylaw dimensions--the Planning board and myself. And one of the probleas we had was density, We finally interpreted the soning bylaw to swan that density was to be seven per acre taken on the parcel as i a whole. we then got into just what town house lots consisted of. And many of these discussions were brought + y , r } `+ about by the ea'i*inal ow bNild" malt for town hoosese vk ak is ftww am dw M"had Development up an !tea ., Md .dais Sam; in to the pluvialseas4 to a mftKvieion became Nr. ■ughes Planned to pt ma -----------A—tely 31 tom home units but only had voW Utda lmoatage on ireseett Street* h Saw Us lar oft" 20Rtage fear bis too house lets be nee" to let a starest iu. Me l`M be winpulp is was disawased at considerable league at planaia g ftwM aeari,agee I weu•t to into that bot ovewtoollr Mr. s�aghes was approved as a sdWvLsiaa.' #ad UW lots are wry similar to the lots flat you %tU see an the town house dowlepeat of fast 1 akew 'watt in Maida a permit was _also Losmd, a bw4dbw perait, sad an havens load plot VIM des 11dLOb a pewit was issued. now, our awbM by"M on table 2'sleaiiiea that town bsese let wast bare at least 3#000 square feet of are and Is 9"t !#anus and Where the town hone malts we built toletber .in ewe building no sidelim4a regsised. May way have paxtiti w but there Mast be a 28 lest seftesk on the sideline between the ed" of the building and the lot line. This meant that tkere 'wet be at least then a aisiona rw MW of SO feet between, *M units. is = an Jwt 9000 kwo this ss t kat you am , see how the intt MOOM e" suis. First, 1ho#1les TCAM counsel, Flamm" a to weafe thea wham Mr. Hughes acne Las we Ud two up to the psoaUM and make these desiadme tint establish defiance Policy, And Z wetiond that Me. Mllips said, "Magaoleiias of what has vow sa an voo►iras ease this dse►saf t dean that this sae is a� MIS is tyre but a iia! has to be eftabllsl * We W d to have the era austwss for wesyoaa Coming to M *A* evex7me Mould be treated is the ear aMNner. Or wow laveckaowt lass that was &!.sassed quite tborvapltlp waft the Lnq Heard we abut will r the ad"M Iagm ttw bio on appioatims for tem houses t and That ULU dw O&SMALAW bard take erase on 11w, nattirallye evsaYt that w a roadway to be pat in to reask the reguired grant"* requimamt for town bousee usuld regairo a subdivision . I� and, therefmre, to to to llsa &sq bard. Mut ubwe s piece of law bad .eat ls+entage for the tenth house units that could be dewtleMd there with the 3,000 square foot XQW4X6WMt, it was decided that tbere was no need to go to sow"* $two 04" Mould be no sdaivisiea, *W* w.w be Or stv"t put in. Tte lots had tb my Smembaps ea a street. 'c sxrereAing d1t'Iwo bode after Uwe development dais the tm of Xast water street. «tieb encompassed Natter itrwtr GkIdmsMins goad and Malas Road. And on that iwa at t issud the pex+mit. These Mile no , ear• diipst ecNpect ripe am I applied dw saes stlao ani r latieas and tko ser e Policy to ldre buiul" psmmit application foe itws" fond. Mw, beside aut,whem application-vem for_ the building peanit on ttevems, head, it was necessary to see it tbp w aro f0browly saw ds fh tmodifformat VIMm WWO r 0"tted to the RiwAM Mras+a to lock the somi g lots so we esii it* soft we prslirinauy plans fee a cad a run not se4airiag tbs Flaming MOUN1 slls+eV" ander the Subdivision Low MUS bNOMPt Late the :damning seaNe And the VIM, *o picav was given tentative approval. I nems look vp tin date, if it is aesemoary. I believe it va w ee 4th o r immembeR fOtb. omm NMWM WI "am you xv reat that tut ;�, part? 477 Mae _ 'wee plow Weak. t in to the Planni" .Board. sho N plan that w" brought in did not Am a rl*iaa. Ikey oeuM not signit under the hitt►! 0/M►tsel Lwe flus aaeeber Plan Was brought is ALAI 1 00 VUMMUg Dowd did give tentative approval M a Vp aiift"y sandivisien flan. I believe it was some t1w is 01- &*!w. Movembw loth let's say for now until it am be verified. Yes, hese is *0 ftft thy► approved. 0sgeod street, Pleasant st;woet aM lhillip court. 2Le Planning Board gave tentative e0roval on Nevembox, 20th. 19730 I Also$ there was a PUA *is lard bsotp!►t in and it Mas stamped and signed br do ! OMI," Board an met requiring thein appw*V" NOM, the VUW ,art xe"Ltiaq their apWwa1 locks the saaiaq in 9w !lw I yews. 17u prsliainasy plans, provided a dolt "to plea is defy submitted within seven nonthee looks teasasi�q La# the present in for sewn years. as stentbou& at a Wow Mooting, a spacial Tom * the Vewm bad voted out town MNtl� houses# the wmess of this land had frosen the mag in either lbs; a period of ,years or I period of seven years# wbichoves option they preferred to emwaise. OIL 77. so at the time ed applieatiela their ssUisq } was protected for torn bowme =do . therefore, Mora hewer legally alloved in that an** N even thigugh I &=It x like town houses. I hold tr WdW the decision that a building persit east be L"N" since it Was legal* The petitioners fid the building pommit brought in a plan, ba<eMSO t is tentative honso plass. Their plot plans were tdM/od. I believe# four tares before I approved a p34t .plan shoring all the building lots for the town hsss"M Several changes vete seder one was that the sewing howo uw line follows the central line of the provioes eleatric rails"d right of way. she Other side-mit•s A-Z en the side of Steven Mill. It is A-4 'so they eouH OMy utilize the land an R-4 usiaq their derroityo ft they lost sere units here because they osul "t stili:e the entire right of way for their land. Mother change that was made. I felt that it would be better for the pile living in on hhillips Court if the traffic free this deveUgnent did not funnel through lhiliipe Comte so I suggested to the • Petitioner that he d asge lis plan cad bring his j driveway out an to Osgood street rather then going through Phillips court aced he agreed to this and so r.' Y changed his ..pid"6 And then there Miro few building cenolexes ia=odiately to the rear of the people living an Phillips court and I suggested that is fir. to save the trees there and to move the M•ssmewhat away from these people living these that he save than dawn nearer the brook and he agreed to tUs, so there have been some concessions made on the part of the petitioner to t", and conform to the wits of the Building Inspector. Then with all those changes made the petitioner still had to provide ettra access for public safety vehicles to two ba0ding a+ssplaxes* In other words, if you look at the plan. all but two are served with driveways and parkin arms ss tfiat the tiro engines and police cars coned got right up to these buildings, if necessary. And they have agreed to pat in any additional drives that are necessary to those two buildings, it is noted oo' the plan* ftw, of coarse, then I had to decide wbether or not legally the 1oilding Inspector could handle this plan, was it a subdivision or was it not? And in my oMn mind I ' felt that it was not a subdivision, Every lot that is on the plan has frontage on a public way or on 4s a private May open to the public, which in our zoning bylaws is acceptable as a street, and a&& lot moot haw frontage on a street and ewmey let .does have frontage on a street. Driveways are extensive, it is agreed, but that is not within my jurisdiction. And even if it were to go to the Planning Meards I doubt if they would put it under their jurisdiction. In the Sughes plias for instance, the only street that was required to be pat ; in by the applicant was a abort segment of street with a turn-around at the end. 'That's all that Mas necessary to get the frontage for his lots but the drives to service the buildings :and •the different dwelling units and the paddng lots did not coria under subdivision. And I'd like to bring AWth ■oghes plan. I would like to bring Rvom plan to. your Board right now and show you just what I new by that, the point I mr trying to-- lot. !l IUUNSm Mr. Cbsisaan, I Mould object to bringing in scnsthing that I as completely unfamiliar with and something that is not material to this hearing. =a CKURMAI Well— MR, MILLM s. I have no way of rebutting that be is talking about. I Mould think that this would be < • completely redundant to 8w. TWE CUU MMs Weil. I fta•t think our Board has seen it either. ` MR. PRILLItit Gko I tit you had seen it. T!<6 Cv1I�s 1o. MR. FD 1 is Ikis is to sew+ you Mhat our policy has been, to dmw that this permit has been no different than any otbsr parmits that have been issued. And this is me plan that came in as a subdivision, and I Umtid to show the shape of the lots for a town house unit are basically the same as those in the Stevens "Mill p=jeate TM CXA RM t his is %bat you are using at present now? MR. !mss - It was a subdivision, MR* FOOTER: les. If you will notice, the houses are bade here, right? Well, this pian dww lots for the town house units that are similar to the next two that came along, the me on East Water Street and Stevens. They have lots that run all over the place, so to speak. Just as long as they reach a street to et their 18 f e 1 1 e 4 fact fro�ntaq . this is legally al th Planning Board, you see, or myself can require under the present zoning bylaws. '.d • Naar, if you will tnsa to the next page, you will see that this is-- NR. CANTYs One qpestion. Did you have to put a street in? MR POSTSRs Test bat he has extensive driveways beside cowing under the Subdivision Control Laws. Here is this turn-around here. They hetes 4- a private drive Which- does not come under the subdivision Control Law because this ie' the plan that was signed by the Planning Hoard. All the Planning Hoard approved was the street with this tura--around and the lots, the layout. Novi, if we go over here to the next ones, we see private drives running out here to the parking area for these buildings. And we see a private drive going all around the perimeter of the land to this corner to serve underneath the houses and the other parking areas. Now, i would like to show you: the next one. TU.CiAZRMU& Were permits issued for all these MA. f08TERi Ho, oisly for these four. DOCTOR BSLIVZWs These private drives, do Ila they run to these lots? MR. Corms Ten, it•s all on this one hare. That's the layout of the lots. sinks is the total sharing the driveways and the lot tines aren't ddown on this. They are shown on that. Okay* this is iie naxt town house developwsnt that came in. AM this dwws the private drives• Water Streets, Chickering Road. Rswever, this is not a private road over Isere. MR. PRILTA"I, tllsose is this? Mit. FOOMs by the O.A.R. Corporatione so here, againo the sates basic rules wore applied. This wasn't s subdivision. These are private drives. MR. IREUJMi s I tho"ht you said this was before the Planning Board* she other was put to the Planning Board but this Me was not? lilt. MOTORS It was not. MR. PRI7,LIlis You said, 'the sane"' MR. Foams Bdaaase I so just saying that the same basic rules were applied as to the shape of the lots, the frontage uequiremients, sideline . requirements, the density. These are all applied in the same manner to all of them. As :1 say, the basic difference was that it was a subdivision lot. � ,mak...... on thi N I sas OS < = e �I fated previously, in E.Mind it isn't a pubdivistme As it is, one of the lots# as you will notice,one of the lots has frontage on the streote so the only rales that can be applied in this cow we the ones Mw a plan that doesn't have to go to the lltnaing Ward. I applied tkowe and after oxwaination of the plans* the sWxWUm ira of *e fee. the SOUL" W" locked in and I issued the paaamit. I guess that's it. W CXAZY Ws Obeys thank you. Mos, do you wisk' too seat anything? MR* ?MILLIlss I will wit until the and. if I can see the plans that be was talking about, I haven't seen them. =i Cwt Mat would you like to see? NRR IXILLTtis 'Ase pleas an this project. WE ORINNUt night here. MR. PXIW/Itst Is this the one? Mt. FOEMMs Tes. MR, Tammbts are Chairman and Members Of this Board, my name is Charles We Sr+omhly, Sr, I practice Im at 301 Room street, Lawrence, Mass. `r I have idth me Attorney tarold Morley, Jr., x >i associated in this otttrt, ata! iol Gey jv"sa t: D'Agostine of ]Acton, asNoiat" o0ra "l in this matter. I will furnish the sew*taa'y with their addresses. I represent the developers in this case and I would like the o now+& to dww that in the preparation of the VLx s, as well. as consulting with the Architect, we have sued the services of Alam ' Chapman Associates, Ims, in association with lareld L. Aoyette, 15 Ryles itamdiab Road. Wooton, Massachusettst the Wart'hwa Admociat.es, Inc 98 Prospect street, Latacenee•' Nassaehnsetts as Civil snginoerst Robert Wei" associates. 29 Co■■�woolth Avenue# Boston, Masssdhusettts, Public Relatioasi Robert N. Billivan, two# 30 UaAwry Street, Kosten, Massachusetts, Utility smgineerst Moriece p Gary, Imc., 14 Arrow Street, Cavb"fte. Massachusetts, Lased Use Planners and Landncge Architects. Aad I would like -to give to the Members of this Board or I wouM lid-to give first to the Chairman one copy of the baaelfagzaand of each of t kose, Mr. Chapman and Mr. Goyette and Mr, Gary. You can pass this around to the other Mad3ecs later and I will f give a copy to my Brother. T ` I mould like iia give t 9 Y'oa, Mr. Chairman, and I have here one copy for ow& Member and a cM for my brother, which is as affidavit of each of the persons I actioned that in planning this development they certified that it complies with the zoning bylaw of the Town of Worth Anftver in every respect as to area, density, distance and what have you. These requirements were met as a fact in consultation with the Building Inspector and in research and study by each of those involved, Kr. Marold Morley in working with the surveyor-- and the certificate to in this file that i offered to you, Mr. Chairman, and I offer those in evidence in the record. I shall furnish a copy to her--that the area comprised of this area a eurvey made by Mr. Giles on the land that the area is here which satisfies the density. And Mr. Scott Giles with a planometer has measured each and every lot to satisfy the requirements that they are at least 3,000 feet in area and at least 18 feet on the frontage of each street. We submit, Mr. Chaiswan, that clearly the • Town of Worth Andover does not require this to go to the Planning Board. This was properly before the Building s Inspector, Wbo was the snforessrent officer. The Buildixog Inspector rendered a 404WAa ad it is proper bare for your hoard upon appeal !e readW a decision as to whether Mr. foster onmeo d Us nst% xity not Am4her it should go back to tea Plamal" board. That isn't the problem because uMire the liar the Planning Board . has no jurisdiction. 3 It* law of the commonwealth is clear that � only have jurisdiction of the Pleaning Board in s subdivision. if YM sr* patting a street in, it's a subdivision. No•-sm►e met prating a street in the entire subdivision. we are Using Stevens itrest, Park Nay Road and Osgood fitrest. 206 lot faces an one of those streets,, ehid4 moots SW criteria, we are not puttisq any streets in Whatem weior and 1 think that Xr. Poster .has covered it very well what %k # e that on eMe aughes plan Mr. dughes put a street in fir me purpose. By putties the street in and getting it approved, he increased the : frontage of a street that be osald put tarn house .lots on. we have hone of that. We have 4309 feet of street. . The streets in the sea are approved by the Planning Board or have been in one and meet the requirements of our zoning act and we don't intend tot an streets � x J in for subdivision purposes. Y WPM f Plow, I have also flees* gentlemen here is this hall. I have both the arakiteet and I have the planner and I have Mr. Scott 4iles is the event you care to ask then any gaestions. But the vary point of this development is that this is a community in itself. go streets will be put into this developinest because we do not want the Town to take than, We shall plow all of our driveways, we shall pick up all of aur rithbish, We shall take thew to the front of the streets, if that be the pian, but no Town service will enure in here at any expense to the Town, We have berm to the lire_Department, our engineers have. and we will amply with whatever he wants for fire hydrants. We have discussed that with him as to wbere the liras will be put in. This plan here, as far as sewerage is concerned, they have wade the surveys, Public sewers are in this area sad it was certified that public sewers will take care of the 114 apartments previously granted by this Depsrtnsnt, and these in control felt it would be best if we planned it on a towu house basis. AM I can represent to you, gentlemen, that Mr. :roster, and he and I have agreed over the years, .o Mr. Foster is a hundred per cent right, we case to his $ y.i n and we submitted everything he l noted. We recognise the neighbors here beeause the pso*lm wbo are developing this want good neighbota. And we felt that Mr, Poster urged, and we agsesd, that "Don't take anything to Phillips Wit, se traffic there." We left the trees there. We Mt vith him last Thursday night. We said, "Whatever suggestions they have we will mnlply with them." They keep saying. "to the Planning Board because that's the Board that has jurisdiction." And Y say, gentlemen, that the Planning Board does not have jurisdiction. The P1awMag Board has one question, "Did the Building Inspector owearstep his authority and did he err?" And I suggest. Nr. Chairrsn, he did not. If you would like. to ark through as or directly , to ay experts Myo are here any questions as to the development of this land, we will be glad to permit them. And as a natter of fact, last Thursday we submitted them to the neighbors through the kindness of ,Mr. Phillips, Re and I get along scary fine on this, se is a capable counsel and doing a fine job. And my clients think I sm capable counsel. We just have a diverging point. We do not believe it is subdivision nor do we pp �: wi:L1 .4i ,a A c Swant it subdivision because we are not going to subdivide this. We are not going to put streets in that the Town can accept. , we 8o not want streets the Town can accept. It's as simple as that. we want to keep this private. TU CHAIRNMs Before we continue the ![sabers of the Board agree to a tan-minute recess. we will reconvene at ten minutes of nine, gentlemen. (A recess was taken.) =2 CNAIRNArs would anybody also like to speak now before we get into the rebuttal either for or against this? If not, then, Mr. Phillips, if you would like to rebut? MB. !<ILLIPSs =urea Thank you, Mr. Chairman. I will be brief because I am sure you don't rant to heat the same egna sats all over again. I will just try to address myself to this particular site plan and, also, a couple of Mr. Poster's comments, I an sure you have all had an opportunity to look at this site plan. And I was just taking perhaps a very close peat a few moments ago as to, for example, the frontage of Lot 533 and I was trying to visualize in my mind. It is vary difficult to ase Lot 533 on that plan as it is on this plan. Y � S qt, MCmm$ it is a rats *iaw. IIR. MILUMs Zt is We sone plan but as3or makes a big difference. Mw see# 531, if you look at it, on one hand it 3sl1y s tbot. 533 frsats as Stevens Street dhicfi, if we b one-inch to forty fat, I believe we have here. T t7A2>f I Ons to fusty? =a MILL]"" One to forty* so we have 40, 80, 130, 160, about 00 test for a front yard. Zt reminds me of these bewtiful araeions that you see when you go throngh Marblell*arty Old laAeado and they are sitting up oa the cliff tbote and they are far away and you can't even got to tins. And you may to yourself, "Ose, I hope sowday I am lure in this plea*. It is so excluded and everything fees everybody else.' Md, I am not being facetious but I as saying it would appear that is the type of plaawing they have envisioned fear this area that those lots 51 tbrono 60 series would be that kind of frontaq*. Another extrwe tno of--and by the way, the frontage having a Dig pond is their front yard. I just can't picture that this was the intention %0hen North Andover adopted a seeing lame I an trying to see the spirit and awning of the fathers who adopted seneimq. l i and subdivision control is NWth Andover, I am trying to see what was behind tbeir minds,. .and I can't really picture any of the founding fathers in this Sown, the Selectmen and the people ubo have adopted zoning and subdivision to think that is ubat Mvnld not be a subdivision and would not have to came in, that type of deal. Those are the actual trouts, 51 through 60. stow, 41 through 50 is fine. There's no problem. I have no' quarrels with that one. I have very little quarrel with 35 through 40, although Lot 35 is a little extreme but it is not too bad. here, 61 through 70 are fine looking subdivisions, known subdivisions because thsy' are fronting on a public way. lbw, we come to• a real stretch of the imagination. I don't mw this mord in derogation of or to demean the planner or the developer. I knave the are fine e people. Spey have excellent credentials and I donRt want this to be interpreted in any negative manner but they are stretching this so far that the elastic has busted inside ma. It really has and for these people, too. Now, let's look at this elapse for Lot 71. a It crosses over a driveway twice, three times. vnbelieveable. Can y" fallow that all riyhte Kr, *able, Mr, Ditrwu mio? I a doing it over here but can you follow it drew there? MK TQ MCMI ' Mule someone point that out as you go along to IM audience? MR. MIZ&V#s This is very difficult to do unless you OCRs up here and leek over my shouldere MR.TFMMWI 1e is doing it. MRMIIA"Ss okay* -Let's look at 78, for exmaplea Lets do 78 for When. The frontage of 78 all the way down throagh those big forest of trees. That•s the frontage of 78: s'lat's just hard to believe. Yon. let's do the series of 79 through 85e Same length, exact sage problem, fow, going bad to the so-called southwesterly portion of the. plan that we are discussing, now look, at the driveways they have, Now, the drivexays, you can't see the driveways too, well in the color plan because the driveways are the Mite behind the block of houses, I don't have a pointer here but just point to the southwesterly portion. (Mr. Phillips was handed pointer.) MR, PSMUPst Thank you very much, Just so _ the people can see it, The driveways are this white f right here. This would .be like a driveway or a parking area behind the blocks of buildings. The driveway right here for these lots here mould be right behind here. And I as sure that the people who are living right in this area, this is their so-called driveway or right of way or easement, whatever you want to call 'it. That•s where they are going to go into their house. There, not from over here. . I mean, you normally have to have a little artistry in it and it seems to be a lack of the real meaning of subdivision when you get into that area. Now, over here is Lots 86 through 94 this is really wild. Let's take No. 86. The frontage of No. 86 is over here. Can everybody see that over here? ko: 86 comes out like this, goes down to the right, goes up to the left, goes over to the right and back up again to Harkaway Road and that's the frontage of Rarkaway Road, and that' s shat we call real good planning. Now, I scan, you just have to have a little spirit of rationale here to grasp what has happened here and see what these people are asking. My people know something is going to come here and I think you people know it, too. They just want something A little reasonable. Now, I see 66 through 94, stretching the 30 i imagination. for esaaple 8i, 9 and 8 Dake that long jog down about. I don't know, 60p feet, whatever it is, Now* let's look at 89 tbmu& 94. they Done in and they go down, straight deem tt Maut's this street up here? Osgood street, straight IMn c88chi.chewick Brook and the frontage cross right error the brook. This is the frontage of one particular block.. MR. CAMrs MO is going to serM that lawn? MR. MILLITte monose ne. MR. TXOM3LTt I thought you were. MR. MI1.1-19ii Let's look at 92. Zmetly the same thing. Stream s aro frontages leaking these long loops, also. It is just like a spider or an octopus sticking out. The cluster of 108 through 118 is digestible because it doern•t stretch, The cluster of 103 through 107 does not circumvent. The cluster of 114 through 122 is beautiful, perfect. The cluster of 124 through 132 is beautiful. This is all asnnting that ■arkaway Road is what they may it is and I an not sure that it is. I • think we would have to get further certification from the Town Clark as to whether Markaway Road has been an acceptable way per se. 3! ' NaM, let's take the clusters in here of 133 to 142. Again, you haw the same problem. Over here on the Rtarkaway Road say 1 through 15. Assume that Sarkaway Road is a Iablia ray or within the private way definition of 9WALvision, it would �aaae into the exception so theta would be no problem in there. I think that we can't overlook this particnlst phase of it as to whether cc not this was really meant to be the exception to the rale. In- other words* normally when a person submits a plan and in his plan he fronts on a public wayor a private mW that the public has access. generally speaking the general rule is that you don't have to go tMemo the red tape of the Planning )bard, But ]are we fad that they have gone just a little too far and walking in an roads.on ponds rather. and walking over brooks and walking through trees. To as that is just trying to just go a little too far and they are asking for too much. And this is not to say that the Planning Hoard would not allow than to do this. but I think that they should come in and show to us that these driveways really are streets because the public is going to have access to them. You are not going to have i gaft • N t0 have any special ! to 411100 into those atroets• You are not going is me" a t" or •a liesn". . ftsre is not going to be a mom at tie gate to say only a certain resident vitt a %" on some into this -area. Everybody can oome int tp frsdsio.truckp the ailk track, the cleaning track• Wo poftsss. This is a public way and it it going to be a. public. WW and I think we all know that is ematking that should lot be overlooked. I say to you hart those are streets that are going in there. fhame drivousys are really straots. You can call them d3dVOWSo You can call them allw1ways. You can call thsm eare■smts, Yo can call tbem rights of egress and ingress but is M they are streets and all of the ririeft and constructions that go along with them and the filing of bands and performances and things like that for this tyre of development should adhere to tbose subdivision control requiremeeto. I teas very Plemon :4st .tbe cancer of lir. tastes %bo said that the Roghes floor► Some Cmplex did go under the subdivision Control Law. That had escaped my mind and I would think this is really not Shat great a difference. And there have be some preacdent. I M1 41 . 1 didn't think there was any precedent in the TOMS but there has been: I appreciate his pointing that auto Why they didn't have that same precedent as subsequent to October 3d, 1972, I cannot answer that on G.1l.R., the one for Chickering bad, salt Mater Street and Walker Road. There has,.- been an establishment, a precedent in this Towns, Soo gentlemen, I Mould may to you this definitely is a subdivision and that's %here it belm9s, to the Planning moard. TER MAIR U S Charlie. MR. lOST=s Mr. 'Chairman, in examing the plan I realize along with everybody else that the lots are extreme lots but we faced this problem early in the Hughes plan and then with the other two %Am they came along. And evaa though I agree with Mr, Phillips that they are rather extreme lots, he did not point out where they were not legal ander our zoning bylaw. They are legal. There is nothing in our zoning bylaw that requires these lots to be of any certain ehape. The only requirements are that they have 18 foot frontage and 3,000 square feet and every lot meets that requirement. So I ask him if he wishes to speak again where in our zoning bylaw this type of 42 lot is illegal? I would also like to Point out that there is nothing in our zoning byUw *at limits the amount of water that can cospose- a 3+ot._ Ibis has long been a sore point with oe and l bW that the zoning bylaw ' will soon be awaaded so that we will not have this situation. But at preset theme is nothing said at all about what amount of water way comprise a lot in our zoning bylaw. So that, bees aigain# while this way not sees too practical or too reasonable, I still hold that it•s a legal lot whether it rows acxms water or whether it runs GOO feet in: one direction and 400 feet in mother, As long as it wets the reVairwants of our Boning bylaw. I see no reason why a building permit should not be issued, even though I don't like the shape of the lots any more than be does. In .conclusion, I would just like to state that we have heard a lot of talk about subdivision and Kr. Phillips has said that this dwald be a subdivision. . But he has riot quoted the definition of a subdivision or quoted what section of it would require that it be brought before the Planning board. So I still maintain that I issued the permit correctly. And that's all I ZZ, r `3 { have to say. Thank you. TSE CSAIRKMs Would you. like to rebut? MR, P>TILLI as Yes, just very briefly. You know, Mr. roster asks me to find in the section of subdivision, of course, you know, Chapter 41, section 81L is the Magic section in the great supreme Judicial Court, And they have not had occasion to interpret that definition too many times as such but, f I think, that it says %fat wry clearlyl, that it's "The division of a tract of land into two or more lots." I think you can just sort of stop right there, Then they go into the business of what it is not. In other words, than they define what it is not. "providede however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision with the meaning of the Subdivision Control Law if"-and that's where you talk about frontage an a public way. MR* BOSTMU RL9%t, MR. PUILLIPSs 'ft on a way shown on a plan theretofore approved and endorsed, " whiff is not this case here, "or a way in existence when the Subdivision Control Law became applicable. So was are talking about strictly fronting on Y. a public way. And I am asyimq to do that nodi half of these lots, maybe 40 per cent of these lets fsont on a street or a way that Wasn't there at all and is being created these now,. and these are the so-called driveways. They are being pat in there. Gentlemen, you can't tell me that the people who are going ,to occupy Nbs. 51 through 60, and I don't want to repeat the whole bit all over again, the ones with the frontage on the so-called -pond, now you can't tell me that the front of their house is that pond, They are coming in on the baak end. And we all know where they are coming in and they are going to use that as the front entrance, We have to have a little, you know, you just have to not stretcb-.the mind in a warped fashion because they are coming in that back and and that is what they are going to use as their egress and ingress. We all know what a front door and a side door is. Just because they can draw a line, anybody can draw fancy lines if You have to to most the zoning lair bvt that is not the intention of a zoning law. lbrget Meat it says in here • to .every single word. You have to use some reasoning in here. And I may to you that those lots that I am referring to, those lots that have the wild frontages, A . +S I mean the shapes,, those are really !r onti n9oa those driveways and to ms that stakes it a subdivision. I am .not saying that the Planning board wouldn't M allow them to do this. I would concede that they will. That's What we sant. These people do not want to impress this board hate that they are trying to carte blanche stop it. I think that we made that clear to Mr. Trombly, and this is not withstanding my other arguments that I have made to this board. But costing right down to this, we made it very clear to Mr, Trommbly at the meeting last Tharsday night over at the Stevens mill, we mmade' an attempt to discuss this openly. We know that there is something that is going to come in here. It is a subdivision. Who is kidding Who in this matter? Tbey feel they don't have to go ' to the Planning Board. We say, "Yon go there.' The Planning Board are the elected officials of this Town. And, again, Mr. Foster will be called upon to rule on certain things and we are going to trust his judgment. And they will consider the Board of Realth, the )tire Department, st cetera. !hat's what they brant. They are willing to sign right off at chis point ana that's why it is so important for this board to have the courage to make thi • s go to the llawainq board, TSE CRKIRk"I %bank you. Mr. Tromblys do you swish to rebut? MR. TROMMI I hags nothing to say in rebuttal except that we have srdeitted a pian. I think the planners have a good platin and we ask you gentle■en to take it under advisement, we urge you to act fast because this is a vest' eXpefisLin project. Theme`bouser; are going to sell area the middle 40 to middle 50 thousand dollars. :There is some money tied up here and that's the reason we ask you to act fast. Forty-six hundred feet of frontage. If my Brother had his way* he would take IS feet on each street and have a rear of what is soy-called shop houses. When the town houses were first put out,, that's what I pictured Mien I first read it in the zoning act. I would suggest that this way you get away from the town house project. MR. SAI. t Did you may 4,600 feet frontage? MR. TFAMBUYs Forty-six hundred and eight feet of street. MR. SAL s Well it says 4,700 on here. MR. TRONWYs Forty-six hundred of street frontages. If you take 16 feet and 122 town houses, all 4417 • you need is 20738 feet if we could litre them Upall along the street. but I would like to make a paint to the board. The land developers se located these houses even by the gyration of lots to place thea the bait plane on that lot. AM in spite of What,my Brother Attorney says, he is an attorney and I m attorney, We are not land developers. I Mould think that there mould be nothing nicer than having these town houses facing on that water, X. personally, have a house facing on the water. It is not taws house but I enjoy looking out over that water. MR. S1►L s Em tem b acreage do you have for Units 143 to 152? TM CKhZRM a 21.72. . What was your question, Bill? MR. SAUi s Now much acreage do we have on that right-hand side, Units 143 to 1527 MR. TRDNWYs That's about two acres. There is- 1.1 acres in the triangle and there is 1.6 acres under water from the betook to the back. There is almost three acres there. MR. MORLWS They didn't show the land- under 17 the pond. ,AIC dA I MR, TROMBLYs These people awn wader the pond, MR. SALEM: No, I'm not following you.. MR. TRaMSLYs ZA the area shown here is something over an acre showing, The tread of that brook goes.back here and our architect has certified, our plan surveyor, there is lli acres, Mr. Giles? MR. GILWs That's right, MR, TROMMM There is 1.16 acres here, so that you have 2.26 acres, approximately. TAE CXAIRKMt Mr. Chepulis, would you like to say a few words? MR. CABPVLISs Yea, all right. I an Sill Chepulis, Chairman of the North Andover Planning Board. The Planning Hoard has been mentioned here many times this evening and what we did and we didn't do. And I an more surprised at what the Petitioner and the Appellant,, Appellant--what is the proper pronunciation? I MR. PKILLIPS: Whatever is your pleasure. MR. CREPULIS: Ao, what is the proper pronunciation? MR. PAILLIPSs We are an Appellant. MR. CNEPULIS: Neither the Appellant nor the Petitioners have brought forth .one very important thing as far as North Andover is concerned. I haven't heard that very popular tern► tantioned at all this evening, drainage. Did we forget about drainage? Everyt.ime there is a permit issued, everytims there is a subdivision or anytime anyone plans to build, what is going to happen to the drainage? Now, granted in i4l. this particular location the drainage is essentially self-contained within that plot. And I think the effects on anybody boring land would be minimal. However, back down in the southwestern corner this plan, neither the plot-size plan nor this pictorial schematic by an architect, shows contours. I don't believe there are any contours shown there. And yet, if you travel along Pleasant Street before you get down to the row of houses, you have a very steep bank. In the lower left-hand corner if you look at a topographical map, you find there is a Swale. There may not be a continuously running stream or brook year • round but when it runs, that Swale is going to collect water and it has to go through some of those houses right there as shown on the plan. Now, there is a E ,t predominate brook--check the wss'd brook--that Elms right from Stevens Pond under-Osgood-Street and across - Chickering Road and so on and so forth until it finds its way to wherever its goLng. Now, I m going to present a very dark picture to the Petitioners at this moment. L think either accidentally or intentionally they forget about the Conservation ComNmissioa, And I must tall you this-40- No his.No one can convince me that anyone can build there without disturbing, altering the banks of that brook without doing some filling. Therefore,, whatever this Board of Appeals decides the outcome should be atter this evening's hearing, you must file a notice of intent and you cannot start construction for 60 days. so with all due respect to your plea for urgency because it is costing you money, you still cannot do it for 60 days. because you must have a public hearing before the Conservation Ccrosmission. One other important item. We have 152 homes here. I am sure that the Petitioners have taken at least the initial preliminary` steps to apply to the State for tying into the sewer system.. /4e won't go any further into that but that's a must. It has not MENKLIZIi sl t. . been enforced but it is becemov enforced now, Mow, it's true that we have had a lot of talk about the peculiarly ,shaped lot lines. Legally on a piece of two dismsional paper it's beautiful; we meet the intent of the law or we greet the law. I'm sorry, I didn'tieean the intent of the law but we meet the law or that piece of paper Heats the law. Now, both in Governmental Boards, Courts, Supreme Courts, if you will, they guide their decisions on what is the intent of the law; not necessarily just . what every wet'sdways by Nebster'.s Dictionary but what is the intent, what is the weaning behind the law? The Hughes tam houses were brought up several times this evening. Let ■e say this about that. When the first set of plans care in, there was a street. However, the statement was made, "Me have a street on paper to cover the law but we are not going, to build that way. Where you see the street on our plan is going to be a golf course. " The planning Board said, "No way. If your plan calls for street, there will be a street. " so without going through all the intermediate steps, yes, it did come in as a subdivision and the lots, even though they are oddly shaped, do come upon a street . w which eventually will revert to the Town. And there are, k i f some arrangements made with the neighbors about drainage and so forth. But drainage over bore, who is going to control the drainage is this particular piece of land? Not only the people that live in that immediate area but how about the prospective buyers that will eventually buy it in very good faith and then, perhaps have drainage problems? 'What happens then? The other thing which perhaps is not germane to the exact subject this evening is these are going to be town houses. If they are going to be town houses, I think it would be interesting to note will they be rental property or.will they be sold? If they are rental, that's one area, if they are sold, then there must be some other agreement nada-by the present land owners as to how to take care of the services, how to provide then with the necessary garbage removal. They won't walk through their lots to put .their rubbish on the accepted streets. Sommme has to take care of that. Today that might be the intent but I think the Town has to look at a development like this, one of this particularly large size. what will happen tomorrow? I agree that the plans are to do this and do that but fortunes change from day-to-day, week-to-week. SI rv S Who knows what will happen and Low will the Town be affected by it? TM CIKAX AMM Let we ask you a question. * When this Rughes plan first came before you and you saw these paths that were made to the street, how did you discuss the intent of this? Now did your Board feel about this being the intent of the zoning bylaw? MR. CREPULISr Or the intent of the zoning bylaw. TWE CKRERNAXI You brought out intent. This is a question in my aind, also. NR. CtEPULX$t It"is sort of a two-fold proposition here. This was a street on the plan which would not be and we wasted to be ho party to anything like that. This isn't the first time that sma: plans have come in to no and "gee, here is the .plan that meets the law legally but we are not going to do it that way or build that way." Let's say philosophically I agree that from an esthetic point of. view it would be beautiful but from a legal point of view and ultimate probleas connected with it we said, `Sorry, no." TRE CNAIRMAas No, but' I mean after they put the street in and they are going to leave the street P�rW there, right? MR. CE PVLZds a1, yes. TIM CAAIM MI YOU still have these eraSy lots that go all arowsd opYssers. MR, CltZP=g: Nelle the thing is how far do you go? T=6 CRAIMUS sons did you discuss this on your Board and decide this was all right? ' MR, CKMPU ZSs Strictly on a legal basis and the street was in there. The street will be built. It will be built to roMa specifications. we have control over it. By that I mean the Town has control over it. And so you sort of have to bargin or compromise a bit so if this is an odd dmq" lot cowing in, fine. But you will find is that particular instance you don't meander all over the place. True that they will angle two or three times to gat to a street but the area is such less than this so there is a jog or two in there. 2RZ CRAIRMMs Row, again, do these people take care of their trash rewoval and other things when you have this? MR. CRXPULISs Kell, itis so close now because y the street is right in between thew. `w . TU CMIIIM, 10bo all right. MR, CKZPMI$s - And, actually, in a case like that I guess they can soma of have a mutual rubbish '# pickup point if they se Irish. 1► lot depends on how well the neighbors got tloo#o It was all pointed out there were driveways in back, 'That's something else. There were driveways v And the individual home owners, how they are going to keep it clean and so forth. but the Town will not be responsible for that. And looking at this, if you can got in from Pleasant Street, take� a .drivsway and drive all the way out to Osgood street, wells darn it, you can call it a driveway but it does became a street. It does and it will be used as a street. And some of the frontages go up a steep bank. Now, I don't know the answer to this but if you had a cliff,` a 50 foot cliff and you ,had property up there, could you consider that as having frontage on a street? You know, it does and it doesn't. Can you use that frontage? No, Same as across the water. Sven if you had water skis, you would come up against the Town fence. That will be prevent you from getting on to the Town street. Yet, you own up to there. You should have access frim the street to your land. Can YOU claim the fence and tram? You don't kno�►, I don t knar. I am not here to give you answers to everything. I am here to present sore of the problems that# unfortunately, your Board has to consider very seriously. Oh, incidentallyo it was also mentioned that sets of plans were brought in before this particular plot was brought to the knildinq Inspector. - fhat is } true. On Nooveisber 3d. 1973, two sets of plans were brought in to the Planning hoard for plans not requiring approval under the subdivision Control'" Law, anis was just essentially a perimeter type of plan which just showed an overall area like so# fine. fhat was one going across the street. KR. PZILLIPS* May I see that? MR, CI WCUS: Sure, MR. PKILLIPS# 2bmk you. MR. CKRIC ISs The second set of plans, I think these have been duly recorded, I have no record whether they have or have not but now, here we got Lot 5, Lot 6. Lot 3 with the acreage and ;vm have Lot 4, that triangle that Baseonis mentioned before. And I heard wIiat was said about the area of that lot. I don't care whether it's under water or not, This, if it has been recorded and I assume it Nit S7 Shas, says, "One acre plus or minus." ]row, plus or minus doesn't mean two or three times the number that is there. It mean a f agaare fest. So now, one acre. That's a separate,,lot. It's listed on here recorded as such, as at s#parate lot. I can't understand how ten town houses can go on one acre when only seven are allowed. 1, personally, do not consider this continuous to that beomge it is separated by a public ` street. The acreage over here adds up to 21.6 acres. The application for Che building permit adds up to 21.72. That gives one more torn house. If you use these figures, you can only get 151. Disregarding that you can't get 10 on one acre, and on the permit you can get 152.02, I think. MR. p'HILLIPSi . May 1 see that? MR. CB=POLISt Yes. Don't lose them. I want them back. MR. PSILLIPSt Mo, I'll give then right back. MR. CKWULIS: I have lost things like that before. But I think the important thing is the acreage, the sewerage. Mow, this is my oMn personal opinion. This is not a Planning Board opinion. We ididn' t consider it. We book no vote, it is ■y open personal opinion that in-essenos this is a subdivision. THE CKAiRMANI One of the !webers has a question for you. MR. DiPRURGIOo- As the Chairman .of the Planning Board, now, I was down thwe on a particular case that concerned some property that is close to my father's home. I am talking about the Melvin property. And there are three different options that they can do with the plan. All the Planning Board has approved this. This is what I assum, that all the Planning Board approves is the road. it has nothing whatsoever to say about the lots. Now, wait a minute. They still have options there. They can build either town houses, duplexes or single families. Now, it's approved by the Planning Board but the only thing that the Planning Board approved was the road going in, right? MR. CREPMISs Ro, we approved the plan as presented. MR. DilRUSCIOs Now, does that include the lots or is that just the road? • MR. C nPM1Ss It includes the lots. And, incidentally, while we are on the subject, here is the IX { . 4' l at preliminary approval or preliminary plan rather that was submitted. Let as hold this right so we are always in the same orientation. I forgot the number of lots. Seventeen lots I think. Mow, this is not that. MR. PHILLIPS* What is that? MR. DiFRUSCIas No. I am under the impression right now, please, is that all the Board approves is the roadway going in. They say nothing about the lota � As far as I know now, that man still has an option. He can do anthing he wants with those lots. MR. CKWUL123 Not exactly. Within the lots he has to stay within the coning bylaw. s MR. DiaRUSCIOs Within the law. MR. CHaPULISs We did not approve just a piece of paper with just. roads without the lots. The lots have to be shown. MR. DiFRUSCZOs Me can do nothing also but what is on that piece of paper? MR. CMMULISs Not ixactly, not exactly. He has to have the frontage and be has to have the area. } Now, he can readjust the lot lines without violating the zonipg bylaws. i MR. DiFRUSCIQs Well, he can put three lots together and put town houses in there. y a 5 MR. CIMPMSs Well, it depends on What date the plans were approved. It depends an what date. MR. DIFTWSCIDs %ten the plan case in here-- and I have seen the original plan. I have lived next door to the people all sky life. I think they can put nine single family house in there, 'all right? MR. CMW=S i ]tight. MR. DiFR1SCIOt ■Olt, w1hen. they caws back to the Planning Loarde that-particular thing is the way it was and I asked a'question t4 whoever it was. I imagine to yourself. I said. *All you people are approving in -essence is only the street that goes in there because they can do anything?" And it was sort of an affirmative answer. MR, Ga3PULISt Not in a general sense. And I think the plan we have approved showed definite lata there. MR. Dir1WSCIOs So if he changes the lots. that's what I am using as an example. MR. CROP'ULISt Is that R-4 out there? MR. DiFRUSCIOt It is coned R-4. So if he combines two of those Lots. he has to came to the Planning Board again for rsapproval? MR. CEMPULIS t Formally we request that. tl MR. lC8I1tSTiLD: !a doesn't have to, hill., MR. aMPULIS: Ee dorsn't have to. We request it. He doesn't have to. TKI CRAIhUMt Any ether questions? MR. PKILLIPS: Is this LA? What is this? MR. CIMPULIS1 We gave tentative- approval on . November 20th. That's • prelisioary plan which doesn't require a public hearing or anything of that nature, okay? MR. PRILLIYSs Thank you. MR. CZWMSI Nall, you are familiar with preliminary plans. MR. TALLs Is that a subdivision. Mr. Chepulis? MR, CU PpLIs1 Yeso yes, because it has a street going in. MR, TALL: Yes• I new that. MR.CIINPULIs: If you divide it into two more lots and you .provide a street to gain access to the lots, it is a subdivision. MR. SA=M=j Would you identify yourself. please? • MR. TALLY Laurence Tall and I am with Robert Weiss Associates. 1Q ti • MRS, H?.ACKSSOCIK t i didn't hear you say why it was a subdivision, MR. Clt PM18s The lased is divided into two or more lots and in order to palm access to those lots, it requires a street. That rakes it a subdivision, You disagree? NRS. hLi1C1cS2==t No. I didn't bear you, sir. I didn't know what you said. MR, NOHi.Ss The current sap the Fawn seers to be operating under shows a way, a-road coming from Osgood Street and ending as a turn-around and then, there was the Stevens hill property beyond it. Would the extension of this road be sufficient to constitute a subdivision because their plan shows Markaway Road cowing all the way threw wbile our present nap shows a dead end there. Would this have to coma before your Hoard in this case? MR, CRSSf1LISs Well, that was a private road, as I understand it. MR.KEIRSTWW& Could I comment on that? MR. CHIlPMISs Yes, MR. KiIRSTSADs Just for the record, I think, it should be noted that this is not an official map and the word "official." There is a-procedure that the T. 62 • Town of North Andover could follow to make this an official map but it would mean surveying every inch of every road, if you can imagine the cost of that. Then ' anything sham on there would be roads and anything not on there would not be a road. But the fact that it is not there wouldn't make it either a road or not a road. And under the Subdivision Control Law this determination is to be nada by the Town Clerk, MR. MOBLE: I think this is something we would have to check on. MR. CJ[ WM1Ss One last comment since I am out on a limb already. These driveways, there is no control as to what the foundation is going to be, how much hot top, if any, and so on. There is no control whatsoever. And I can foresee, not being prophetic, but ten years perhaps people who buy there, if they are going to be sold, will may, ."My gosh, I pay taxes in ,the Toe►' and so on and so forth. "When are they going to plow and fix up my street?" They won't call it a driveway then. They are going to call it %W street," TIS CIAIRMAKs -T'hank you, Bill. MR. CANTY%' With 152 units there that's 300 votes and they can go to the Town Meeting and pass just , _ .. im Y 3 M about anything they want in there. Do you know what I mean? There is a lot of things yop can go to Town Meeting and get passed by less than 300 votes. I :mean, L like he is saying about the driveway needs fixing and, you know, "They are not picking up my garbage. " The poor guy in the middle. *Whore do t put my garbage?" You have Pleasant Street or StevensStreet. He has quite a hike out there. You know, these are future problems that are going to be happening here, utereas with the subdivision there would be no problem. That's my opinion. TEE L'EAIRMA11s Any other comments from anyone? MR. TRQMBLYs I would like to rebut. TEE CRAIRNAN& Yes, MR. TRONDLYs I appreciate Mr. Chepulis making his remarks and I respect Mr. Chepulis very .much.' I would justlikethis Board to know these gentlemen who we have had design this plan intend to follow the laws of this Conmonwealth in every particular as to drainage, conservation. Those steps will be • taken but they need not be taken to the Planning Board. „! Thome are laws we intend to comply with. The question has arisen as to Harkaway Road and I would like to call your official attention to the North AndoverZoning Bylaw 2.65 which defines street as "a public way or a private way open to travel by the general public or a rrq► shown on a plan of a subdivision theretofore daly approved by the Planning Board." And I would like to state and file with this Board a statentent by Charles Poster. Building Inspsctor that Barkaway Road renaing between Osgood Street and Stevens Street is a private way open to travel by the general public and meets the requirements of street definition. Section 2.64 of the Worth Andover Bylaws. I would like the record to show that I have lived in this Town all my life and sarkaway Road has been open to the public and plowed and used by the public all of my life. and I think I can remember-- MR. DONOVANs itawas hill used to plow Harkaway Road. MR, TROMSLYs Not all the way down. MR. DOHOVANs They most certainly did, Charlie. MR. TROMLYs It certainly has been used by traffic# by me and you. MR. DONOVANs from where that circle is to t� J • Stevens Street the Tom newer put hot top or anything, Stevens Mill put the hot top. MR, TROMBLYs R*11, we put it on, too. MR. PRILLIPSs Would you get your acme on the record, please? MR. DONOVAN3 John Donovan. MR. TROMBLYs Mr, Chairman, I would like y Attorney Morley to answer the question Mr. Chepulis raised about the area. Me has credentials as a title examiner and he has been with the Land Court for how many years? MR. MDRLEYs Bore'over 20 years, enough to get address possession. MR. TROMBLYs I m sure my Brother Counsel will agree to his credeetials. MR. PRILLIPas I will agree. MR. MORLEYs Thin became a title problem long before it became a town house problem as far as I was concerned. and we are very concerned about the location of the outer limits of the 'Petitioners' land. The deed interposes Stevens, which is the starting point, t . and has been used over since And the chain ha n in title describes the southerly boundary line as by Cochichewick Brook. i 4 Y' x . . _'.1A ■ow, M►at we *A- to &tembw Meese tMe k was to go back in to the I Mpt'eg A d ver, Iehick vas this particular section me pace of Andover prier to 1848, and we got an old 3M plan that showed Cochichsvick Brook and fdw aftfiaesrs were able to redraw the approxiar<ta Use of aschiahevisk Brook and calculate from that the uMmmt of property under nater. And the deed actually dMe read to the cuter of the Brook,, so that's where it gees and not to the aboorelineo err. we have preeedsnt of this right here in Town just on the other side of the lake. I have had occasion to register a parpel of land for ■elen Collins. T/B C/11IdNwt Is that Attorney Collins? -MR* PKZZ&ltae Two Aba is an attorney. NR. NOMMe I Uwe a copy of the decree and the parcel of hand is g1estiaM. I will give you thaw if you will give dhsa ba& to ons later. Lot No, 2 Bad the hmd Court of Registration, you will note, inial s vaite a hit of land tkat is anderly ,;�<�pshicheyick. TM CnhXMsfe All this here (indicating)? MR. MORMt les. NR. COBlDLIae Bmmm *s. What street is that on? i` 4 MR. MONMe tlenant Street. MR. CAMI Do dw pay time on that? MR. MORLRYs arse do. ' MR. IMIRSTUD& Ceald I. comwnt an that point at this time, Mr. cu"Xnm? TUB CMAIRKWO so ahead. MR. KSIRSTSMa I don't think Mr. Chepulis was commenting on the ownership of that land. I think.'" in order for this land to` be used for town houses it has to show on a plan filed before the zoning lav was changed. And in no plan which I saw was the land under Stevens Pond included in any of those plans. So I think the point we are making here is if that land is in cwkership of these people;# it is not germane to this argwmt because it was not included in a plan that we recorded as not requiring Planning Board approval .nmder the Subdivision Control Laws and therefore, the new zoning law applies to that parcel of land, not the old zoning law. So regardless of who arms it. I don't believe it can be included in the new qualifiaatiem,mf town houses. That's our point, not who ovis it. IM, MORLBYs Just the description by the brook. ta, MR. KEIRilWbs . it didn't show on the plan, Harolds MR, MORISrt It is not a question. MR. KSIRSTiA fte IM says it has to be. MR. MORLM fto low says *by the brook. It means to the Middle of the betook, TAbich would have to include the upper land and the middle of the brooks MR.''T==Xs It was *Anm on the plans MR. CSS: Isn't that in conflict with the plan that has beep recorded where it says only one acre? MR. TWNMs You cart certainly clear up the area. That's Mhat we are doing. MR. C I81 We will clear up the areas then I think the Dimming !sued ought to have a proper plan before it. MR. TROMBIM No shall furnish one for yon. Not for subdivisiont subdivision is not required. MR. DiPRROW10t Where the artefact is can they lock that in or _do they just approve a, road? MR. CUPM18s 10, they don't just approve a road. MR. SAIMMs I have heard two or three figures on street frontages one figure 4s700 feet and I i have heard 46 mentioned. I as taltieg' about street frontage. MR. C=P=S I I t7rl& they are talking about street linear length, ars thyr nb t? MR. Gnms aft,a 4`08 is the figure. MR. CltE MLZBt LlserrK length. MR. TROMP: 2%at affidavit is in the e3ftibits I gave you. K. TU CM71IRI W* I would like to ask you a couple of questions, if I could, Mr, Trek&3.y. who will control this dmn or t kis pond? two has 'rights to the water that goes through this brook? MR. TEAM WI Rose aha buy the town houses will become ambers of the sa-oohed owners$ association and there will be 152 ownars wbe will adopted the bylaws and b& run as a , opqperation for the benefit of all of the owners. . TMa CNAIJ MNi They will control it? MR TWOLTs Trop will control it. TU CBA7AMAMe Men the lake is so high, do they have to let so such water casts through there? MR. TAOMUXx It is a matter of law. TRE II CRAIMas Is the pgoing to a y there at it shows there? MR. TRO/I MS fte is going to stay there as we show it there becalum that's .part of Stevens fond. That,s why. TSR CRAINU is 2kis aorporatl.on. Z aosada, then will own all of tMe 1=4 that is not assigned to any particular lot? MR. TROMYs they will own a camwon land for all the tenants. TR CRUISSMs Will they pay a certain fee, may so much a xanth so it is all cared and raintained, this type of thing in the plans? It is like a co-operative thing? MR. TUMMs Yes. Let Nr. D'Agostine answer that. Be is the a 't ;40 that. xR. D•Aaarr his. A typical example of this is probably Waterville Retat" in S Rarpafh re, this i Waterville Rotates bef re tM,-dowslopmrnt for the ski area and Waterviil Aatamoy ssmd all tate lots up there in Now Hmpshire lots, it is rather odd. =adh building has the laved underneath it vbw* no frontage in the Town of Carden, Saw moireo and all the other and is common. They have an intensity of one unit per acre, so we have units clustered. But the ground is a little block of am& building .that is under the unit, The remaining land is in cosmlone And you call up what is known as the home owners' association and they have a manager. very similar its you see in your co-operative housing projects or coadlsiinimas. You pay a monthly charge to this association and the association is controlled by a Board of Mangers that are in turn elected by the home owners and they in turn can hire someone to manage the association, depending on the size. As to what is done to the grounds, let's say they want to add more shrubs, they want to add more recreation buildings. - This has to be a vote of the association. It is a wry common practice and the workings are very similar % tether you have a .condominiur in which each owner owns ust the cube or the town house where he owns the entire building within the limits of his unit or in the co-operative. The co-operative corporation owns the entire parcel and each owner has a lease of his unit for 99 or more years. That's the distinction between a, co-operative a condominium and a town houae. But in all three instances there is a board of favernore or Board of Managers or a Board of Trustees, depending on the legal entity not up that does the management of the project, which ma g at is rleoto& annually by the unit owners. MR. TFAWBL?: Doss that answer your' 1nestiou? TER CNAsaMWs these we going to be sold as separate units? MR. D'AQOWZ=s As tam houses Md eaeh member automatically Mhan he becomes a unit owner, becomes a Mrd of the 71suaQiation. Perhaps the most cannon concept with common practice is Louis Burke Square in Boston. Evex'y'body awns their awn unit on beacon Hill. They ow the grewO beneath. But Louie Burke is privately alaintained, privately plowed# privately policed and privately maintained by the association of Louie Busisa's association, and that has been existence probably 150 years. TBi s Za other words, it is your intention to set dais ,up legally? MR, D'AQKWIUs In facte We have already drawn this up, depending an to what extent we Will put things in common and not. TED CNAIBMAHs Me in TaRt will have the • authority to asks sure these things will be done? MR. D A9Op'!=Zs 49as rights have to .be protected in the Town if Stevens Mill awns the property i_ �+ ��.,., 6 .:.'fin.i _ • or whether Mr. Trembly owas is Os I own it or the association has it. Tkere are certain %min's rigbts which have to be protected no mattes who owns it. As to who you would go to or who you would address your notice to, Im woold go to the Board of Managers of the Assoatilirin Mould be the legal entity. The Town' s, rights wouldn't vary . hether We a partnership, a corporation, a trustee or individual owner or what. The 'is rights would not vary, MR. PHILLIPis Would the association have one vote or 300 votes? MR, D'AGOMI M: Where, sir? MR. PHILLIPS: At Zbwn Meeting. MR. D'AQOSTUas fte sasociation, sir, would have no votes but the individuals would have a vote, MR. TROMDLYs Mr. Win, what does that have to do with this issue? MR. PRILLIPSs the issue would be if the Town wanted something to happen and wanted to go to a public hearing. THS CRAIRM#Ms No, If he is a registered voter, he doesn't vote as an association. MR. PRILLIPis I vasld say it could sake a difference, 4: sr. 2r T� C'SU�s Mld this gip or' corporation be willing to t0 dw rights of this pond over to the TOM ad t" 4"111 MR, TFAMWm That "amDly__ TRZ /e 2a or mind that's Nhnre it should rightfully be, MR* 109111 l►at fcebably sonde day smy be done but at this point I sm not in a position to commit the Town or I d1a't think you are is position to ask foie it. M AWiMMI *robabiy not. 1R.. TMIMMI !here it name expense to maintaining those anas and i think Mmen we go to the officials, Vhidh we haw to some day* we intend to probably disonss that. ■wevere it is not germane at y this point.. my other grstions! MR. NO=$ Yes. Z mmld like to ask a question which has been bothwinq me. When sonAw mien buys a unit, they own their entire parcels, anything we pick out an these like S4 one 104, something libe that. # couple of things t look at, if someone is in say No. 53, obviously, his address is going to • have to be some number over here an Stevens Street as s s far as bis legal address, This person cooing along buys ` , a hundred square feet, Ibetsmeg the dimansiow is« and be has no way to get to leis ftwt Acer staying era Lis Owen property. MR. D A80a'!IM MW L answer that? What happens is eta wit, again if you want to go into a planned =it a ompLeu. a planned development, shopping canters by Way of emompie, you have to design a means of egress and ingress, a means of supplying ' services, a means of poeft" comma ground. and the law has a wonderful way vhJA t has been around since common low days called as easement. In other wards, a unit owner just as u6m you buy beach lots on ocean ` fronts and if you bar ei;.Uhme, many times you come in in order to get a cottage an a lake and I know all through Now =aepabise. &U the lakes you inadvertently have a rod easement, And in good planning many times we do this. Oherwise# you have to hot top drives for every unit to get out to the street and this does not make good plawkLage Looking at the Metal concept say from the air, putting the baihdl" in such a position that we . maintain the balance of greenest' as the separation between units. '� MR. NOWAe ft at I ma really trying to question hers is that tko ! 1 doss not have s physically accessible voy fam tris .front door, ~kick is his legal address, to dw strost that be fronts one MR. DIAGO92 M 2bis is- immaterial. 11R. T1�o1MD.Yi lkis is legal. We mxz& his We say it is not legal. Tea know, you have diffmiat Is"I opinions._. MR. Sit WAI "a take "sporty all alauq the North shore and most of mesa hones are ocem frmts but their front address isn't on the ocean. MR. D'WORYMM It is really immaterial. They cavi take post spa box",-in North Andover for postal reasons. est %be lsgal entrance to this . building, the real Iowa lite" says it in not accessible thsOugb this. MR. NaKas k t. bow do they deter me for register voter parpsoss wut he ossse d►ess -be puts his nailbooh, Mkid► is a separate problem from zoning. q MR. D'hSMUMS But in this pass his only place to have one is on Stewas Street. Mat. TlIOlf ATA Mat do you mean "a aailbos'T MR. NOWAs Us legal address, Be can't have .4 it out hers. t MR. no=$ Op �leasiat •treett MR. TF"M=g '!!tet oto be worked outwith the postal departmat. MR. NOW&s I sayiaq his legal address. MR. TMIM I M talking about the mailing address. MR. 1t =j I .ma talkiag about the legal address. MR. TRoN=e shat would be his number on Stevens street. MR. ==I Re lura w%w to get to `it. This constitutes having a ftentage all the way to the street when you aaesot actually make an address. MR. T'sO11RLls !'es. I think the thing you are looping at, Mr. Moble, is I think the architect, if he will take a minute to expLain that. Mr. Guyette, Salo would you just for a msment touch an the point of the lines to the streets and Mutyo a told us the other night? I think you can do it much better than I as to their only lines on the plan and what� the concept is. a I think that you probably need this, Nr. Noble. • MR. IIOWAs Yes, that's the question on ■y mind. A J MR. GOYs*!s e I teas very pleased to bmw p as a matter of fact, the Cludrmsn of the ,Planning Hoard agree with your aiTairg Inspector that the fact for legal purposes the fact that these lot lines, although somewhat curry--the word "crazy" was also used--vas for legal purposes correct. For zoning legal Purposes they were accurate and acceptable. And so, I would like to speak to the intent which, I believe, is your basic concerti amd - the concern maybe of the Chairman of the Planning board, too, intent. Our concern b we in designing a community was in fact to design a aainunity that one, in all respects abided by all ibw and Htate ordinances, That you have to do and so we dial that. The second gum" principle and great concern Of that was its fact to Melly design a casmunity and in fact create a' osrmunity. And since I live in Marblehead, I was very pleased to hear that this plan in fact did remind someone of the luxuriousness of some of the houses--not mine, unfortunately--in Marblehead with 1 !v arae aottsas a fronterns or large Se ponds in front yards. And I think this-fwas the intent. I can't say the intent of the Planning Hoard for Borth Andover because I do not sit to their Town but, I believe, that the intent of sAwt bylaws written in most Towns in this State we br"oadsr because I have helped write sone of theta Ew other aYwsaas Town house development potential is to in fact create a better way Of .living, and that is the fact that the lines that we see on the black and write Print showing lot lureso et eetexa. that Mrs Millips suggested were very aiffiault to see on tho oolored Print is precisely qts %We intent, and that is to put the lines on the paper only to suet the legal requirements but thea to design in fact a concr,t of a beautiful way to dive. I do not suggest, as I said to the neighbors the other evening, that evesyom wants to live this sway. There are many people.4m rant to live in a hone on a defined;piece of gx0med with lemaes, hedgeso trees and what have you clearly detimW their land and their land only and totally within their control, share are other people at the other .extrese Who like to live in apartment houses, high rises in cities and towns. That is another extrema, We ars not talking about either of those but we are in 'fadt talking about what I believe to be the beat of all possible ways of single family livings that is, you have your awn dwelling but you Y ,tt share your grounds with PrMo swwmity aaiobdr/ and they in like share their with yobs And so, the foot tort fte, M! VM*t read on that plans I believes is wM rapresent:atfan of the intention to create as ■Ooh Open green area that is available to all the osr/awity as possible, rather than subdividing it into litUA blocks and pieces, some well-waintained, says peorly-maintained. Jkt throm^ the association, and GAMPOW's Landing* in Marblehead, f %WLAk, is a bad eprrpls an one hand becaase it is asap dseser� than this sad sudh too dense for this sits but it is a good exaMle as we continue to be retsiasd Ag .6 advisors to the association there. I WLU t@U VOU that the assoaiatioa now is much more strut abort the aaintenaaae and woke" of that facility than it wo" ever be under a rental basis because they are bmw avows,. They do litre there and it is theirs. !fie awrowLtr .grouds the private ground, it is all theirs and tier are proud of it and they want to maintain it: vith aaadb ware rigidity of g Y high quality than it woeld be ***miss maintained, I believe. • 8o %hat we have, really done is ignored these *Phonetic spelling. crazy lines once the legal aspeaftbas been solved and tried to create large pools of green areas by having some of the crazy lots and to lift the .building to reserve some of the p magsifieistt trees that ars .there, preserve the pond, preserve the brook. Of co"800. by the white lines, again, Mr. Phillips suggested the driveloys are a little tough to see with all that color. This is our intent, in fact,:`A� to diminish the impact of the paved areas that are required to get-cans to and fraw the garage area, And that is one of the basic reasons why we, as designees, are not interested in going to the Subdivision Control Laws. By law one has to generally have Subdivision Control Laws which are Assigned to have large streets paved. And greater avovat of paving and less flexibility to create aceta grewery is what we are trying to do. Mow, each person there will have sone private indoor space. They will have some private outdoor space, balconies, that sort of thing. And further, they will have somie private space adjacent to his town house. But then the -remainder of his ,i lot will be maintained by ther association, which he will pay a regular fee. And our attorney has suggested ;,, •.�...+..}�,.e.r.., ,fin. those reguirestents eaa 110 I& endo, as I understand �3 it, are being drawn up vAw to pretact not oaly the purchasers of these dwelling ratite bat, in fact, Will . d' protect the Titin because ter will sake a co■wnitnest, an obligation to eadt tow house antler. As he purchases the town house he will be obligated to participate in the association, and w0A4 t the association then will is fact maintain the property. { 90 if the mast has 3400 spare feet Of lot, 2,000 of it or so, be will not have to personally maintair. but it will"bi Maintained at an equal standard. she entire emnwalty will have a good standard of maintemmaes, as opposed to aU different standard's. I night be 4 Utt.le 'lasy in My dwelling units someone also a little awe energetic. .Zn our experience is Marblehead the bows owners feel that their investment and their property ii protected best by lbs uslatinamae of a high level of standard of all of the properties adjaceat and abutting to them as a part of that asa■waity and, further, they don't want a lot of as fthtaotaral changes and sort -Of destruction from the eKtesiac of their buildings because they like the. design—that's wky they bought there--and �s they want to preserve it. They do have flexibility within i their own dwelling. of **W"* to do the normal modifications and changes inside but there is a very high level of ntinthnawn of the exterior of s4 the buildings and grounds, roadways, et ceterav because they are all in it together and they each want to protect their am invistmnt in this cxspmunity. As far as the lots are concerned, I don't see any serious problem but we will, of course# bave to work with postal authorities for legal addresses will have to be establisibed, et cetera. MR. MOWAs Tbose points I was really getting at where the legal address -vas to the front door, was this one of the first things you would actually do? Mae GOWWMS It takes*-- MR, CIMPVLIit Just a brief remark. I appreciate what the last gentleman said but I would like to any the Planning soard in north Andover isn't rigidized, isn't that seahanised because we don't want aide streets as every street in Mown. As a scatter of fact, in a recent ovbdi.vision we waived our regulations and put in a narrower street. ■ow # we are not as rigid, I think, as these planners and developers are. There is one stack cold fact that is staring 'r at mo. You gave a very devniptive picture of that plan in words. But the sae COW f8pt that sttrp" at me is that the Potitioness we dw CLOWsed ones. Th s ave They squeezed ry single possible unit they could out of the land. AM I an sure if you diminish this by ten units, fifteen emits, you could even iMtlfM the dreams that you spoke about much more effectively than by trying to squesse every little square feet of house on to that Visas of laud. MR, aAt s Mat was his name? MR. QOTWM• Masold 4"ette. MR, sAii t - Ybu mentioned design intent and intent of the lawn And the len, it's right it's just the street law but on wV faftrite right-land corner these I still leaf as tbougfh itis overcrowded and you talk about desion intent, how am you Justify that? Yon are o►es+atroMdL it, what's there, is that the intent of what you are ming? MR. QOY='1"!>Zs Hell. I quos I would feel since there is an em os" of ftentage ever that, Nhidn was required to be used since we followed the-Town ordinance as far as density is aoneerned, , in factwedesigned considerably more demo assmMnities elsewhere, which I s modestly may have wom design awards and have been •8 L • accepted by our pews. s MR. SALAMBt sisaMere is not my- amcesn. MR. GtOYWMt No, I understand but I m saying that I believe that the density--I read the zoning ordinance and I believe that the zoning ordinance in fact wade adequate protection Mor the Tina of North Andover. And ahaat I ata saying is that 110 concurring with the Manuring Board zoning ordinance densities, which are *hilt we .had to follow. As a footmte or a further answer to that, you Be*, in gay judywsat that open space, light and air, at cetera, is achieved by waterway as web as it is by ground. So that in fact tke- openness that the pond will in perpetuity areata it light and air openness for those duelling quits,. And iso, whether it is green grass for another hundred or two hundred feet or whether We opsu water, if I had my choice, I would choose open water. MR. SALB Ma But is that the intent of the law? I wean, becomes you have acreage in water you have to overcrowd a land ares? MR. GSOYBTTXt I don't believe it to be u overcrowded. MR. SALUMi It is already. By that it's a T 3 r one acre plot. MR. GILM tot it is 1.1 acres. shat plan there did not include half of the right of Mays whisk reverted to the heirs of the Stevens M111, MR. SAL�s Were is that one acre? Is it in the Nater? Do we' see one acre there? MR. GILASi One acre is the land and .3 is half of the railroad right �` way which reverted to b Stevens heirs. They own it. Moir, that is a total. of 1.3 acres, 1.16 acres in addition into the water. MR. SATA�t Does your overall acreage include what is undst�vater? MR. OZZM a Ms4 it do not. MR. k. I ase just trying to distinguish between the lot and the Intent and what is right and what is wrong. . MR. 401N a #=a. MR. 2Lh*M Ml Mre Chairman, T� C811IR�M: Yes. MR, WACMSTOCKs Be said: he used .3 of the railroad easement. I thought the Ouilding Inspector just stated previously that wasn't allowed to be used for easement. �s TM CHAI11MM s What is the answer to that. Charlie? MR. BOSTSRs That is the area that ran behind--well. the R-4 zoning* MR. TROMSLYs 1t-4 zoning range to the center line. MR. GOYlti"PTltt lnite properly corrected an initial plan which used the entire right ofeasement in ignorance the entire easommat was used. The Building Inspector pointed .that out as being done, so than only half of it Mas used. MR. BLACRSTOCKs Who asns the easement? MR. TRONSM The petitioners. MR. For Ms That reverted back to the owners. MR. GIL=s The reason that other plan shared one acre is because it didn't shop+ half of the right of way. THE CHAIRMAffs Dose that satisfy you, sill? MR. sALslMis It doesn't clear the intent or the law or anything. MR. GILRSs It clears the Intent, density. TdB CHAIRNA/s Test W am. • MRS. No99130i Jackie ltcQuire, Phillips Court. a You plan on selling these. If they are built b " and they are not all se1+d, tham %&at happens tO them* Are they rented? MR. TWHOM I seppoee I would have to answer it I think my clients would be very uaham if they didn't sell these. If they didn't sell theme Y suppose they would rest thea. MRs. Kc1iV=# I as just referring to the apartments. They wade those into town houseas, condominiums, IIow, they We back to resting thea. I wonder if the samse this Mould 'happen 'here. MR. lOBMs Rose couldn't be sold' as condominiums. They Mould have to be rented as town houses or sold. MR. D'ASOSTIM-s ■a.*fferent than a developer Mh+sn he goes is and builds in a hundred lot subdivision. You usually bba&U a Model. 6. 70 8, to 10 units ahead. You then build based on sales because usually the bankixg institatioss coming in come in on a lot in size. You never throw in all hundred houses. They will give you maybe 20 :aonstruction lots and give you 20 more when you have 20 sales. So this will be based on sales, depending on the market demand. Mo. MC WIRsr Okay, one more question. If i wanted to buy one of these but I didn't want to belong ` to these associations, Y wanted to take care of my o m grounds, could I do that! MR. D'AGOMU: pro, you could not. This is the only way you could maintain control because, again, in order to assure anybody buying in there that all the grounds will be taken awe. oft that everything will be maintained, you must assure thew what is going to happen to their neighbors' grounds and you must agree to the conditions. Now, I don't know what you do here in many subdivisions but we have subdivisions in Concord, in Lincoln, down through parts of the Cape where you have to have your plans approved when you build. You have to know the color of your paint, the shingles on your roof, we are selling these for 20, 30,000 dollars apiece, very very expensive_lots, we put these controls in because other people cowing in when they have a total investment of say a hundred thousand dollars, they worry more about their neighbors than themselves, so we have associations. If you don't now the • grass, we know it grows in subdivisions, so it is a very common thing and especially here. It is an absolute necessity. If he didn't want to join, he could really make a mess of his project and destroy the total look. DOCTOR 3ELIVZWt Could you guarantee- membership and prspetual •smberabip in the home owners' association? MR. D'AGOOTIMfs In the deed when you take title, into the deed it is written intothe restrictions. Just like if you bay a house, this lot is conveyed subject to the ftlUming conditions. Ibis==7 runs in perpetuity with the land. In other wards, if you want to build, you can use it for residential purposes. DOCTOR bELIVZWs But mat is the legal method of enforcing continuing membership? Because I have seen this happen is areas vlsere there is cocoon ownership of a beau, few eaawple. A certain percentage of people may be disgruntled and decide to drop out of the association, therefore, creatinga greater burden on those who remain in. In theme particular places, apparently, there was no legal method of assuring a hundred per cent participation in the association. Now, how do you do this? MR. DIAGOSTM& Well, if I may, the • deficiency was in the legaldraftsman setting up that w association because what you do when you put those Ammow; ., restrictions on, you put on th* x"trictions and they are enforceable by the asseciation .trustees, secondly, that Suromy casts let's say you dont pay, the legal will beowms a lien �Jeines Your property and can be collected as a levy against your property. Anybody that violates the restrictions alto is found to be in violation isust on top of their fee must pay the counsel few of the association providing `` the prices are reasonable. In other words, port really get together on any of these things. Aad if you look at any topnotch development, I m talking now of 30.000 up, we have done them places as high as $760000g, they have restrictions where you caa't. even use asphalt, also, on the roof. They have to be woo an shingles. And they go on record. ?bey are enforceable. You can do anything you want by legal lastrument and in these documents they are a necessity to have good strong documents. DocTOR SI IvsAUt .1 have another question, In a project of this sixes Mich may take several years to complete, how can you guarantee to the Town that it will be °cowpleted as planned? In other words. in the usual subdivision method there is a bond posted. Now* 13 y will there be a band. Oat" in this type? XR. D'Aa05TIMs •o, become let as describe the usual subdivision method. Vader the Subdivision Control Law in the restrictive covenant enter into at the time the plan is appsowd you agree not to build on any lots until either you have completed the ways in accordance with the plan oar you have posted a bond to cover their costs. Saw, in most subdivision control rules and regulations by planning bs&&* you could have a hundred lot subdivision and you could take out say a bonder the first 500 feet of road to get these lots released so that you could build. So there is nothing to say , you have to take out a bond is build the remainder of the road. So the Town is redly not as protected as z it thinks in most instances. ]tar, in this particular case there is no vehicle for a bond to do all these things. Generally, you do then in stages. =n other words, you do so-called a market testing. You put your model on the market. You then get an idea of the market. You would build one here, build one haver build one here. You would set up a logical stage of so-called construction stages dependent on the desand and you would have to build i-ill � voil each stage so, it will. be self-inclusive. By way of example,- if you wanted to build by the pond on the la+er ,loft part Of the plan, you would have to build that. road complex. MR. CREPMIS: The driveway complex. MR. FOSTER: I would just like to say the zoning is only locked iv/4 throe lsii MR. D'AGOSTINEs Which by a certain time yea; they have to be built. But the question is if' we didn't do it, what can the Town do? The onus is 'on' the owner to do it or lose his protection. MR. FOSTERS Right. There is only a three-year dock in on the zoning frau the day it was signed by the Planning Board, MR, D'AGOSTMI Which would -be a greater incentive than any bond: Otherwise, they mould have to build single houses. DOCTOR BZLIVEJW: I have a question to a Member of the Planning Board. There is a great concern here about time because it an expensive project. How much time would be lost by this being put through the Planning Board? , Now such time would be taken up? MR. CHEPULISs I don't think the question of .f r w:. Ak time is relevant at all to this particular situation but I will answer your grestien. After they file their definitive plan, then we must come up with the recommendation within 60 days unless the Petitioner grants as voluntarily an extension of that time. Does that answer your question? DOCTOR B=VMs ?es. . MR. CKWOUSs In other words, if they had definitive plans and they-cams in tomorrow--tomorrow being July 31--we would have to cane up with an answer by September 31 unless they for some reason or other felt that perhaps we would 'not make a decision within that time and say "Okay, we will give you another , month. " But 60 days is. the limit which the Planning Board must come up with the recommendation. If not, then the plan is automatically approved by certification of the Town Clerk that the planning board took no action, therefore, it was an automatic approval. TBE CHAIRKANs When does the three years start? In a case like this would the time limit be extended by the amount of time it takes? MIR. roSTERs Ib, it is only in Court it would extend the time limit. i Y MR. D'AaOffMi 'Asst's right. There is no extent on that. TEN CNAIRMNs The problem we have, number e ones it is not a subdivision. The Board would have no jurisdiction but if we did submit it in accordance with the plan as you see here, in order for these to become ways within the s'ulos and regulations of this Planning Board. they Mould have to have a minimum, of 40 feet unless they mated to waive their rules and regulations. I can sae here all kinds of rule waivers. MR. DIAGO TIMSa Vram mV experience of 20 years in the field of subdivision I can see no when you are going in for waivers that I have ever got one through a Planning Board in six months because as the Chairman correctly stated* to have this act within 60 days you are goift to say 'Well, it you want us to give you approvale you 'have to give an extra time. we are going to disapprove you if you don't." Do you understand? =2 C,JU►IA11RiNs bills would you do that? M. CiWULlss That's his experience with • other towns. You have never tried us, you? -_ MR. DIMOSTIMS That is correct#, sir. is 1r c { # 44 MR. CANrrs 1 have am question bete. TRE CNIIWW& Mrs CMty, yes. MR. C711P19[s MOC :;O average oast? I mean, you say you aft is tg►e field for 20 years. What is the average cost per Mit hese for Ma"twoanctem and what does the iaclude, just mowing the lawn? MR* D'AGOSTMs Me* the average cost. I would say, of a projeet of this type would range samobbWO froa $60 a 'month to as hio as $200 a month depending on what it includes, Let's assure You pitta swimming pool type thing. Let's assume Wn put a gear-found swimming pool and, also, you- insure the meit as part of the town bows ' cost, You can have a s06aal project rate, Ibea you would maks this part Of yow aomton cost on each unit but the actual maintenance of the grounds of Something with this type of an inteasitg, that type of cost that goes to ground maintenance and road maintenance, i dare say, would be 'better than 20, 30 dollars a =nth* I would say within that range. • MR. CAUM Plus their mortgage! MR. D'A arims ob, yes,. int I think at Glover's Landing it's 4135 a month. I think, they had ::: . charges in Glover Is Landing to pay for extras. MR. CAMMt 11 MIA it take care of the snow plowing and the garbage? MR. D'AaOSTMWa Nverything, everything. MR. CAMs XOW. you set: this up, right? MR. D'AGOSTIM1it Yea. `MR. CA>1 I YOM sell every unit. every unit is sold and occupied, right? Vow where are you? You'" out, right? The assoaiatiom takes over, right? MR. WAGOSMSe _ Not necessarily. It depends on the project, especially- something ofthis size. Usuallyyou would set .up a mooning company and our practice is to not it up as a one-year contract for the reason the so-called` srrsetheart :contracts. You see a lot in Florida• ubese you buy a condominium in there and you see a 20 year managewent. We find a one-year is better. Once the units are ,sold, the spokesmen for the association sit down with you, whether you are going to keep the management of it or not. MR. CRWYt So you are out then? • MIR. TRONDM !Assume we are out. MR. CAMR'Ys Sb Mese .people no longer want n the association. MWVj MR. TRCKUXt ar►. ae. MR. D'1y MINNt Md• thW stray not Want tits to run the association. MR. CAWri Sad they want the Town to pian up the rubbish. They want the Tow to pick up the rubbish and they can go .to 'tm Meeting. This is furtb4W trouble. MR. CMOL=St Maybe we can approach this another way. What is the lift of this Management association Board of Governors? MR. TVxAL 8 perpetual. MR. JEWi 's it is in the deed,. It is perpetual. MR. CffZPMISt Most canterminate it? MR. D1AW9TIai Nothing can terminate it. The only way you can toxminate an association, of costa*, i the only thing we have 'is a lou on condominiums and these 3 you can do everything to a condominium association but you can't change a unit timer's interest except by his consent. MS. PRXLLIHr sut you can change your restrictions and covenants.. MR. TRON=s If they all agree. F I Los i MR, PHILLIPS: That•$ right. If they all agrees, they can come to the %Wm and ask the Town to do certain things if they all agree. MR, TROMWZs They esiuld. MR. PHI=PSi You know that. MR. TRONSLYs The 011ier tlatley Apartments came to the Tom and had you build thea all a swimming pool. MR. cAms This is what we have been ' againsts t THE CNAIFMANI I Do any of you gentlemen from the Hoard have anymore questions here? Anymore comments from the group? MR. Tis I have a suggestion that you take it under advisement. (Whereupa►s, it was unanimously voted to take the matter under advisement.) TIM CSAIFMMs The hearing is now adjourned. (Whereupon, the hearing was adjourned at lOs15 p.m.) $: a.rr« TOWN OF NORTH ANDOVER MASSAGHUSETT3 BOARD OF APPEALS JQT Ll, 1973 . Utiee is :1fibV A* tW tM NW4 of Appfs Ii11 Sign e Pblic harIV4 at the Um Ott ambit lsdwor,-as Wedq mmi" the 30th dq of Jey 19731 " 7:30 P•S.t to all parUm intergted in tba appeal. of MMV OIAM AM OMM r. CMM a* Fovm, :wnim T iimRt-midi• amosai I"st Cbapter'40A, Sedties 131 Um i�o of baUA"g persit No, 1737 to wiw�* 8. Laftrr for 132 towh=" milts lvoated an 0ePodt P19"M t SM"M Stsftta Sl Nw m W Road. a Pw %Aw of the Heard of 1ppoals loath "riot Jr.t maim= Publisb 36-?a July 14 A 219 `1973 Send bill to: Harbert P. PhiMpat zmL• 546 Mafia` 8t. mav'os'1d.11. xim Send 30 proofa to: Amw Dmabnet Um Sld&t S.t. h ' !F: APRIt7M i• • 1855 •'•....••4� • �ACHug� BOARD OF APPEALS SSU.S.Postage TOWN OF NORTH ANDOVER ❑ Ibi`. }. ;7ti'C MASSACHUSETTS fvc ��. .,' a;dable ed,Pp� � A � ..._`...../;/ Archie & ftiir2A- Beaudoin 26 � Road North , Mao a^5 {� ip T M\ k � iia{s ARNOLD H. SALISBIJI'[ , , tfM�"IrT» TOWN OF NORTH ANOOVH* MA"At;," RNTOAL wftelHa - ' !� ',5 f, LAWQENCE. MASSACHUSETTS ' 04UOpP 4 35731 r x s #±w 'I g1 G Y 4..� 4 ,y`yf. K � lni NZ t>*A 'June s 151?3` Ba a a r Frank-seri* Jr.� Chairman North Andover ,Board of ,.Appeals t 250 Hiilside'Road a " North Andover, Massachusetts O1845 .�; Re: Albert' Coates and othersyw Charles H. Foster, Sul Idin$ inspector Dear Frank: I think you have already received a dopy of the "Notice of Appeal" in the above matter, in which your Board is improperly named as parties res- pondent. I have been in touch with Attorney Phi*llips, and as a result of our conversation I understand that he wilt prepare a"revised "Notice of Appeal not naming your Board jointly with Mr. Foster. The governing statutes are as folform: General Laws, c.40A, §13 provides that:, ."an appeal to the board of appeals. .. . .may be taken.....by any person aggrieved by any order or decision of the inspector of buildings...,. in violation of any"provision *f this Chapter, or any.. ...by-law adopted thereunder" General Laws, c.40A, - §16 provides that: "any appeal .:nder z�rrctier thirteen shall be taken within thirty days from the date of the ,order or de- cision which is being appealed, by filing a notice of appeal,.. ,,witr th€.. . . town clerk, who shall forthwith transmit copies thereof to such officer.. .. . whose order or decision is being appealed, and to the members of the board of appeals. Such officer lin this matter, the Building inspector) shall forth- with transmit to the Board of Appeals all documents and papers constitutinc tie record of the case in which the appeal is taken". General Laws, c.40A, X17 provides that: "the board of appeals shall fix a reasonable time for the hearing of,any appeal .,,, ,to ' it.,. ..and shall cause the notice of the gime and place of such hearing.....to be published in a newspaper. . . . .once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing... ..and also send notice by mail postage prepaid to the petitioner and to the owners of all pro- perty deemed by the board to be affected thereby including the abutiers and the ,, rl v MY�, Fl. S XY,• esu- 'S Frank Serio Jr., Chairman Page 2 K June 28, 1973 owners of land next adjoining the 'land of the abutters.....as they appear .n the most recent tax Ilsts, . and to the planning ;board of the.....town.. .. .The §' publication required by this section shelf contalri the following printed in told face type: (a) the name of the petitioner, lb) the location of the area ; or premises which are the subject of the petlt 'on; and 1c) the date and plate of the public hearing. At the hearing any party whetherentitledto notice thereof or not may appear In person or, by agent or by attorney. " If you have any further questions iconcerning this matter please let , me know. Very truly yours A n L a t AHS/cc cc: Charles H. Foster,Jr., Building Inspector' Board of Selectmen The Town Clerk i Allan Chapman and Associates Architects and Planners 15 Myles. Standish Road Weston,; Mass. 02193 617-891-5061 1 'June 1973 STEVENS MILL TOWN HOUSES ` Specif ication General To construct -town house units together with related garage build- ings, drives, walks, and landscaping; all in compliance with the State of Massachusetts Board of Standards Building Code, the Build ink Officials -Conference of America (SOCA) Code, the North Andover Building Code and all other applicable regulations. 2A. Earthwork and Site. Preparation 1. Removal of trees and plantings in area of new construction. 2. Excavation for new foundations and footings. Excavated material to be stored for regrading after completion of construction. 3. New grades, planting and paving as directed. 2B. Demolition (will be part of a separate contract) 3A. Concrete 1. Concrete foundation walls, and footings as indicated on the drawings. 2. Concrete apron and floor slab at garages. 3. Concrete slab floor in basement. 4. Concrete sonotube foundations for decks and fences. 5D. Miscellaneous Metals 1 . Necessary steel connections for wood framing. 2. Stair and 'balcony railing, exterior step railings. 6A. Carpentry and Millwork 1. All framing lumber shall be 1200 PSI Douglas Fir for joists and rafters; and 1500 PSI for beams and girders. 2. 5/8" waterproof plywood sheathing at roof. 3. 1/2" �.Plyscore sheathing at walls.(6m 4. 1 x 6 vertical cedar boards on exterior. 5. Cedar trim at doors and windows. 6. 5/8" Plywood subfloor. , �T PW) STEVENS MILL TOWN HOUSES: Specification 6A. Carpentry and Millwork (continued) 7 . 3/4'► oak flooring. 8. 3/4" oak risers and 'treads on stair from first to second - floor. 9. 3/4" pine treads and risers on stair from first floor to basement. 10. 1-5/8" diameter birch railing on stair from first to sec- ond floor, painted pine railing to basement. 11. Necessary blocking, bolts, hangers, etc. 12. Cabinetwork in kitchen. 13 . Other cabinetwork as indicated. 14. Plasterboard finish as required in all finished areas. 15. Double 1/2" waterproof plasterboard on all walls of bath- rooms, 6B. Insulation 1. Four-inch Fiberglas batts in all exterior wails and roofs . 7A. Waterproofing, 'Damproofing,_ and Caulking 1. Damproofing treatment at exterior of basement walls. 2. ` Sealant at sliding door 'units. 7B. Roofing and Flashing 1. Asphalt shingles shall be Mark 25, 290 pound per square weight, as manufactured by Bird and Son or equal approved by the Architect. 2. (Alternate) wood shingles in lieu of asphalt. 3 . Flashing as required where adjacent to lower roofs. 1 4. Flashing around vents and exhaust ducts. 5. Water deflectors and gutters as required. 8A. Metal Doors 1. Sliding glass doors shall be Arcadia Model 652 sliding aluminum doors and screens with black anodized finish. 2. Exterior flush doors shall be "Pease" prehung metal door and frame. 8B. Wood Doors- 1. Hollow core flush wood doors at all closet and interior doors. 2. Garage door shall be Overhead Door Co. Model 151 - 9'0" x 710", Four Section, Three Panel. STEVENS MILL•TOWN HOUSES: Specification 8E. Glass and Glazing 1. Windows shall be Caradco casement units as shown. Un- primed Anderson windows shall be an 'acceptable alternate. 2. 5/8" double glazed glass in fixed units. 8G. Hardware 1. Hardware shall be supplied by the Owner. 9A. Resilient Flooring 1. Vinyl the to be selected by Owner and installed where indicated on drawings. 9F. Painting 1. Two coats of Cabot' s Stain on exterior boards and trim. 2 . Two coats of semi-gloss interior paint, on plasterboard, wood trim, and interior doors. 3. Two coats of exterior paint on exterior wood doors. 4. Three coats of polyurethane varnish on new cabinetwork and stair railing. Pre-finished cabinetwork shall be an acceptable alternate. 5. Two coats of polyurethane varnish on oak floor and stairs. 15A. Plumbing 1. All plumbing as required for each house including two hose bibs for each unit; all in compliance with applicable Town and State regulations. 16A. Electrical 1. All electrical work as required for each Townhouse includ- ing installations and connections of, electrical heating units, convectors, baseboard, and ceiling radiation panels; all in compliance with applicable Town and State regula- tions. ARNOLD H. SALISBURY, TOWN COUNSEL TOWN OF NORTH ANDOVER, MASSACHUSETTS CENTRAL BUILDING LAWRENCE. MASSACHUSETTS MURDOCK 3-2731 June 28, 1973 Frank Serio Jr., Chairman North Andover Board of Appeals 250 Hillside Road North Andover, Massachusetts 01845 Re: Albert Coates and others v. Charles H. Foster, Building Inspector Dear Frank: I think you have already received a dopy of the "Notice of Appeal " in the above matter, in which your Board is improperly named as parties res- pondent. I have been in touch with Attorney Phillips, and as a result of our conversation I understand that he will prepare a revised "Notice of Appeal" not naming your Board jointly with Mr. Foster. The governing statutes are as follows: General Laws, c.40A, §13 provides that: "an appeal to the board of appeals.....may be taken.... .by any person aggrieved by any order or decision of the inspector of buildings..... in violation of any provision of this Chapter, or any. ....by-law adopted thereunder" General Laws, c.40A, §16 provides that: "any appeal under section thirteen shall be taken within thirty days from the date of the order or de- cision which is being appealed, by filing a notice of appeal.....with the. ... . town clerk, who shall forthwith transmit copies thereof to such officer... .. whose order or decision is being appealed, and to the members of the board of appeals. Such officer lin this matter, the Building Inspector) snail forth- with transmit to the Board of Appeals all documents and papers constituting the record of the case in which the appeal is taken". General Laws, c.40A, §17 provides that: "the board of appeals shall fix a reasonable time for the hearing of any appeal .....to it.....and shall cause the notice of the time and place of such hearing.....to be published in a newspaper.....once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing.....and also send notice by mail postage prepaid to the petitioner and to the owners of all pro- perty deemed by the board to be affected thereby including the abutters and the r , r Frank Serio Jr., Chairman Page 2 June 28, 1973 owners of land next adjoining the land of the abutters.....as they appear on the most recent tax lists, . and to the planning board of the... ..town, .. . .The publication required by this section shall contain the following printed in bold face type: (a) the name of the petitioner; (b) the location of the area or premises which are the subject of the petition; and (c) the date and place of the public hearing. At the hearing any party whether entitled to notice thereof or not may appear in person or by agent or by attorney." If you have any further questions concerning this matter please let me know. Very truly yours A nol a AWS/cc cc: Charles H. Foster,Jr., Building Inspector Board of Selectmen The Town Clerk d. 4 r J d �) Town Clerk, Town of North Andover, North Andover, Massachusetts � s, ie f i' yII� COMMONWEALTH OF MASSACHUSETTS i� ,{ ESSEX, ss. j i ALBERT COATES , FREDERIC E. BLACKSTOCK, GILDA BLACKSTOCK, RAYMOND CANTY, BEATRICE CANTY, COLIN ELLIOT, DOROTHY ELLIOT, GERALDINE ELLIOT, WILLIAM MCKINNON, FLORENCE MCKINNON, Ij JOHN DONOVAN AND. ANNETTE McHALE .4 vs. CHARLES H. FOSTER, BUILDING INSPECTOR FOR THE I TOWN OF NORTH ANDOVER, AND THE NORTH ANDOVER BOARD OF APPEALS NOTICE OF APPEAL Re: Building Per;nit No. - 1737 issued by the Building I 1� Inspector of the Town of North Andover on June 4, 1973, to Vincen� I B. Landers, 30 School Street, North Andover, Massachusetts. Please be advised that the undersigned Petitioners are j residents, landowners and/or abuttors in the Town of North' Andover� J j situated on or about Osgood,Street, Pleasant Street, Stevens Street, Harkaway Road-and Phillips Court, and are as follows: j Albert Coates, 56 Phillips Court; Frederic E. Blackstock and Gild Blackstock, 38 Phillips Court; Raymond Canty and Beatrice Canty, i �I 46 Phillips Court; Colin Elliot. and Dorothy Elliot, 42 Phillips I Court; Geraldine Elliot, 107 Cotuit Street; William McKinnon and I,^ Florence McKinnon, 44 Phillips ..Court, John Donovan.. 23 Phillipa` i f Court and Annette McHale, 251 Pleasant '5treet.'" Appeal is hereby made in accordance with Chapter 40A of the General Laws of Massachusetts and Zoning Ordinances for the Town of North Andover, from a decision made by the Building Inspector in issuing building, � permit No. 1737, said permit having been issued by Charles H. I Foster, Building Inspector, on June 4, 1973 to Vincent B. Landers, 30 School Street, North Andover, as owner, to construct 152 residential units as set forth in said application for building permit, copy of which is attached hereto land, on d described at i a North Essex District Registry of Deeds, Book 1190, Page 503. f f KAZAROSIAN ALLISON PHILLIPS TTORNEYS AT LAW '91 MERRIMACK STREET�I HAVERHILL. MASS. i 1042 6 �. s COMMONWEALTH OF MASSACHUSETTS ESSEX, ss.ss. June , 1973 Personally appeared the above-named Herbert P. Phillips and made oath that the above statements, by him subscribed are true, to the best of his knowledge and belief, before me, tart' Public My c ission expires: Copies to: I Vincent B. Landers, 30 School St. , No. Andover, Mass . Charles H. Foster, Building Inspector, No. Andover, Mass. Clerk, Board of Appeals, Town of No. Andover Arnold Salisbury, Esq. , Town Counsel, Town of No. Andover Planning Board, Town of No. Andover Y i KAZAROSIAN ALLISON -4- PHILLIPS ATTORNEYS AT LAW 01 MERRIMACK STREET - HAVERHILL, MASS. Wo KAZAROSIAN, ALLISON and PHILLIPS SERvi 91 MERRIMACK STREET 11 ` HAVERHILL, MASSACHUSETTS 01830 197 Address Correction Requested lj 035EJ5 , EERTIFIEI] ED RETURN_ OCEWT 1ZE VEST ` Clerk Board of Appeals Town Hall No. Andover, Massechusetts 01845 GE IRT IF I ED o, 27995 -�j ARNOLD H. SALISBURY, TOWN COUNSEL TOWN OF NORTH ANDOVER, MASSACHUSETTS CENTRAL. BUILDING LAWRENCE. MASSACHUSETTS MURDOCK 3-2731 - August 200 1973 Frank Serie, Jr.,Cheirman North Andover Board of Appeals Town Office Building North Andover, Massachusetts 01845 Dior Frank: 1 have your letter to we dat*d August 13, 1973, inquiring as to whether or not the proposed townhouse dsvelopmnnt on the former Stevens Mill site constitutes a sub-division ander the s*.division control law. The governing statute is, of course, C.L. c.41, §81 L, which officially defines a sub-division. That statute specifically provides that the "division of a tract of land into two or alar* lots shall not be domed to constitute a sub-division.....if, of the time when it is nada, every lot within the tract.....has frontage on.....a way which the clerk of the....* tam certifies is maintained and used as a public way.....". I enclose herewith a phot"y of such a certificato from the Town Clerk of North Andover with reference to Norkswoy Read. The answer to your specific question is, therefore, In the negative. Wry truly yours, Counsel ANS/cc Enclosure cc: North Andover Planning Board North Andover Bai'iding Inspector Attorney Harold Aoriey I ARNOLD H. SALISBURY, TOWN COUNSEL TOWN OF NORTH ANDOVER, MASSACHUSETTS CENTRAL BUILDING LAWRENCE. MASSACHUSErr5 MURDOCK 32931 August 21, 1973 Board of Appeals Town Office Building North Andover, Massachusetts 01845 Re: Townhouses Permlt, former Stvv!M Mi 11 SIto Gentlemen: I assume that you have receiver a communication from Attorney Herbert Phillips concerning the above matter. He raises the question that at the time of the issuance of the building permit in question, on June 4, 1973, there was in existence a reed from Mr. Landers to Charles W. Trembly dated May 29, 1973. This is indeed the foct,4the doed' in question did not take effect until its delivery to Mr. Trembly on June 5, 1973, subsequent to the issu- once of the permit in question, to that at the time of the issuance of the permit the legal title to the former Stevens Mill property was indeed in Vincent Lender's name. Accordingly, I think you will need net attach any particular Im- portance to Mr. Phillips' communication to you dated August 17, 1973. Very truly yews, A am Counsel AHS/cc cc: The Building inspector Attorney Phillips P6�BSIB� BBB�fl � TOWN OF NORTH ANDOVER MASSACHUSETTS ` f• Laub August 22, 1973 Board of Appeals Town Office Building North Andover, Mass. Attention: Frank Serio, Jr.. Chairman Gentlemen: In response to your letter of August 139 19739 requesting the Planning Board's opinion as to whether or not the "Stevens Mill" plan for townhouses constitutes a subdivisions I wish to inform you that the Planning Board hasnothad an opportunity to meet on the subject. As an alternative, a poll was conducted amongst four Board members (the fifth was unavailable because of an extended'vacation outside of this axes) resulting in,a 2-2 split on the question. Howevert all were in agreement that there should be Planning Board subdivision control of the proposed development. Although the lot lines as shore on the plan may agree with the words of the zoning regulations there is considerable doubt that the pro- posed development complies with the intent and purpose of the zoning by- laws. Of prime importance presented to the Town is lack of control over (1) area drainage and drainage system; (2) verified construction of road- ways (whether they be called drivewayst streetat or access roads); (3) necessary application to State for permit to tie into a~ system; (k) proper surety of performance; and (5) any other conditions than may be required of individual developments. It is of technical and legal interest to note that the developers recorded a five-lot plan of the site area as "not requiring approval under the subdivision control law" but the townhouse lots shown on the plan for which building permits were issued are not contained within the lots as recorded, i.e., the individual townhouse lots cries-erose the recorded lots thereby nullifying the intent and protection of the five lots as recorded. In addition, the triangular lot on Stevens Street contiguous to Stevens Pond cannot support the number of townhouses shown on the submitted plan. In summary, it appears that there is sufficiant and reasonable doubt that the plan being appealed is not a subdivision or conforms to zoning regulations. Sincerely yours, LA 1D BOARD WG-ad Gilliam Chepulist Chairman k IAS00 M, ' KAZAROSIAN, ALL minNAM Moo Cods 417 MTM PAUL KAZAROSIAN $44 MAIN STREET THOMAS S. ALLISON, JR HAY8W1Ll. MASSACHUEEI"TS 11810 HERBERT P. PHILLIPS June 27, 1973 John J. Lyons, Town Clerk Town Hall North Andover, Massachusetts 01845 Re; Coates, et alevs. ; Polster Dear Mr. Lyons : In accordance with G. L. Chapter 40A. Secs. 16 and 13, 1 have written you already of the fact that we are appealing the decision of Mr. Foster, the Building Inspector in the issuance of building permit No. 1737. I filed with your office on Monday., June 25th our "Appeal" and just to sake the record absolutely Clear, this appeal had on its caption the fact that the co- defendants were the North Andover Board of Appeals. Technically, the appeal is only against the Building Inspector. The North Andover Board of Appeals does not bye an actual party respondent until such time as they in turn would give us an adverse decision. Secondly, I am enclosing herewith nine (9) copies of the Appeal, which in turn you will please forward to the five regular members and the three associate members as follows: Arthur R. Drummond, Frank Serio, Dr. Eugene Belliveau, Louis DiFruscio, William Salemslsaa44, Alfred Fr}Zell, Esq., James McInnis and James D. Noble, Jr. Also, there is a copy enclosed for Mr. Foster, the Building Inspector. I have discussed the matter with Town counsel, and even though I know that the procedure was done correctly, last Monday, June 25th, I am doing it again at this time, so that no super- fluous or redundant arguments could be raised. Please take care of this at once and acknowledge that you have done' so, by mailing back to me in the enclosed envelope, the enclosed statement providing your answer. Sincerely, KAZAROSIAN & PHIMIPS i By f HPP;md eibert P. 'Bhillip +off TOWN OF NORTH ANDOVER A.: ,vMLvM y.• lass JOHN J. LYONS, Town Clerk C103F zcTlON DEPARTMENT TO" $p]j'. ING j JUSTICE OF THE PEACE - Non=ANDQraB. K&sx. 01845 August 16 1973 To Whom It May Concern ; RE ; HARKAWAY ROAD. NORTH ANDOVER; MASS . The records of this office show that Harkaway Road is a private way . To the best of my knowledge it seems to be used as a public way and appears to be maintained. s Very truly yours , JOHN J. LYONS. s � r s TOWN OF NORTH ANDOVER ` t• Arnu7n :m -s ;gJ.tbbs: JOHN J. LroNs, Town Clerk ,{R ••' ELEGTIoNDEPARTMENT - cNu TOWN HIIII.D111T{} JUSTICE OF THE PEACE NormE AMDovm X&w. 01845 August 16 , 1973 To Whom It May Concern : I hereby certify that HARKAWAY ROAD this Town is maintained and used as a Public Way. FVer YLYON .t ours , OHN i i i I i 1 i i >�•A-44 TOWN OF NORTH ANDOVER .��oErty <F: Avan91'+ 1855 "' y , , JOHN J. LYONS, Town Clerk gssRCli�g ELECTION DBPARTersNT TOWN BUIMING �f JUSTICE OF THE PEACE NOR=ANDOVER, MASS. 01845 August 14, 1973 To Whom It May Concern: REz HARKAWAY ROAD. NORTH ANDOVERO MASS. The records 91 this office show that HARKAWAY ROAD is a Private Road and runs from Osgood Street to Stevens Street. During my past twenty-six (36) years as Town Clerk this said road has been open to pedestrian and to motor traffic. V rul you JOHN YO S. I ,.}&* ' TOWN OF NORTH ANDOVER rrr N0 ti • ,R a �l +3,`�cAar0tilr S e F: AFea7m :ar I:r 1885 �•, JOHN J. LToxs, Town Clerk A y Cfil1� ELEe coN DsrnxrmENT TOWN MIMING V 1 JUSTICE OF THE PEACE NORTH ANDOYBR, MAss. 01845 August 13, 1973 NORTH ANDOVER ZONING BOARD OF APPEALS: Kindly be informed that according to the Records in the Town Clark' s Office 4ti the Town of North Andover, regarding the status of the following street; Phillips Court and Harkaway Road., are as such. PHILLIPS COURT Public Way Osgood Street to Pleasant Street, HARKAWAY ROAD Private Road Osgood Street to Stevens Street. SIGNED AI �, OWN CLERK A TRUE RECORD-ATTEST. 4 P6Ah�InG BOAflO TOWN OF NORTH ANDOVER MASSACHUSETTS 0 s°.: IV�a7n :pe y:, leas 9`�aciiu August 220 1973 Board of Appeals Town Office Building Borth Andover, Mass. Attention: Frank Serio, dr.,t, Chairman Gentlemen: In response to your letter of August 13t 1973, requesting the Planning Board's opinion as to whether or not the "Stevens Mill" plan for townhouses constitutes a subdivisions I wish to inform you that the Planning Board has not had an opportunity to meet on the subject. As an alternative, a poll was conducted amongst four Board members (the fifth was unavailable because of an extended vacation outside of this area) resulting in a 2-2 split on the question. Howevert all were in agreement that there should be Planning Board subdivision control of the proposed development. Although the lot lines as shown on the plan may agree with the words of the zoning regulations there is considerable doubt that the pro- posed development complies with the intent and purpose of the zoning by- laws. Of prime importance presented to the Town is lack of control over (1) area drainage and drainage system; (2) verified construction of road- ways oadways (whether they be called driveways, streets, or access roads); (3) necessary application to State for permit to tie into sewer system; (4) proper surety of performance; and (5) any other conditions that may be required of individual developments. It is of technical and legal interest to note that the developers recorded a five-lot plan of the site area as "not requiring approval under the subdivision control law" but the townhouse lots shown on the plan for which building permits were issued are not contained within the lots as recorded, i.e., the individual townhouse lots cries-cross the recorded lots thereby nullifying the intent and protection of the five lots as recorded. In addition, the triangular lot on Stevens Street contiguous to Stevens Pond cannot support the number of townhouses shown on the submitted plan. In summary, it appears that there is sufficient and reasonable doubt that the plan being appealed is not a subdivision or conforms to zoning regulations. Sincerely yours, PLAAM BOARD ' a++�. WC:ad William Chepuli.st Chairman ARNOLD H. SALISBURY, TOWN COUNSEL TOWN OF NORTH ANDOVER, MASSACHUSETTS CENTRAL BUILDING LAWRENCE, MASSACHUSETTS MURDOCK 3-2731 August 21, 1473 Board of Appeals Town Office Building North Andover, Asssachusetts 018 Re: Townhouses Perini t. Former Stevons XI it $i to Gentlemen: I assube that you have received a communication from Attorney Herbert Phillips concerning the above matter. He;raises the question that at the time of the issuance of the building permit in gwstlon, on Juno 4, 1973, there was in existence a dead from illy. Landers to Charles W. Trembly dated May 29, 1973. This is indeed the fact 41ble deed In question did not take affect JVA until its delivery to Mr. Trembly on June 50 1473, sabsequoot 'to the issu- ance Of the permit in question, so that at the time of the issuance of the permit the legal title to the former Stevens INili property was indeed In Vincent Lander's game. Ac ^dingly, i think you will need not attach any particular Im- portance to Nlr. Phillips' communication to you dated August 17, 1473. Very truly .yours, A o awe Counsel ANS/cc cc: The Building Inspector Attorney Phillips ARNOLD H. SALISBURY, TOWN COUNSEL TOWN OF NORTH ANDOVER, MASSACHUSETTS CENTRAL BUILDING - LAWRENCE. MASSACHUSETTS MURDOCK 3-2731 August 'Q, 1973 Frank Serie, Jr.,Chairmaa North Andever-Beard of Appeals Town Office Building North Andover, 1111assachusetts 01845 Dear Frank: I have year letter to so dated August 130, 1973, inquiring as to whether or not theippoposed townhouse development on the former Steve= 1AIII site constitutes a sub-division under the sub-division control law. The governing statute is, of course, GL, c.41, ,J81 L, which officially deflase a so"Ivisloa, That statute specifically provides that the "division of a tract of land into two or sero lots shall met be dealasd to constitute a ss"Ivision.....If, at the time when 1t is madam, every tot within the tract,,.,,hes frontage<oA,,.,.a way which the clerk of tho,...o town certifies Is maintained and used as a public way,,,,.", 1 enclose herewith a photocopy of such a certificate from the Town Clerk of north Anger with reference to Norkaway Read. The answer to your specific question is, therefore, in the negative. Very truly yours, ►d.iEly Counsel AHS/cc Enclosure ccs North Andover Planning Board North Andover Building inspector Attorney Nereid Aioriey } xK TOWN OF NORTH ANDOVER d Al AMILM ` 4,..1855 JOHN J. LYONS, Town Clerk 1 Ti�.. TOWN BUIMING 8 .rai.aCTION DEPA.BTM$NT S ' . .tCtia ANDD Mess. 0184 S ►► JUSTICE OF THE PEACE NORTH VHR. August 17 , 1973 To Whom It May Concern : y I , John J. LYONS, Town Clerk of North Andover , Massachusetts hereby certify that :6 HARKAWAY ROAD, this Town , is maintained and used as a public Way. a*. V ru Y rs , JOHN; J . > Y NS . <. a ,1 F l w ry F �a, 4 i TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BUILDING INSPECTOR �'NoRry • �t ,l7. t Fi AppIL7A :P5 0- '�4. 1855 ;•�, 9`psRCHU Y Amt 139 1973 Board of Appeals Town Office Building North Andover, Mass, Re: Appeal of Issuance of Townhouse Building Permit Gentlemen One very important point which was not discussed at your last meeting has to to with Table 2 of our Zoning Byl-Law. You will see that Sub-paragraph 7 has to do with the paved driveways and reads providing access to townhouse or lots intended for townhouses. In drawing up the Zoning By-Law: the planner, Mr. Brown, and the Planning Board saw fit to apply said sub-para. 7 only to the R-5 District. If you will notice, sub- paragraphs 5, 6 & 8 apply to the R-4 District and sub-paragraphs 59 6 & 7 to the R-5 or apartment district. Therefore, in applying our Zoning By-Law to applications for townhouse building permits, sub-para. 7 would apply only to developments in an R-5 District. I bring this to your attention because it may help you in reaching your decision. Very tray yours, CHARLRS H. FOSTW BUILDING INSPE= CHF-.ad r August 139 1973 I Arnold He Salisbury's E Town Counsel Central B Lawrencei ldassiahusetts 0140 Dear-Arnolde The Board of App.aUhas . vt Albert Coates and otters v, f les 116--T, uspectort upon which a decisionews . Fraa ale tt of as ied iso the statute$ does the plan for th- the BmUdift soar# for which a building t was i constitute a subdivision? befoM August 2De 1973e Very' truly yoke BOARD (W AAPPRAi.S Franc Se rioe Jr.e Chairm AD August 13r 1973 Plardug Board Togas Office ftUdlft North An:bvwt Mass* Attentions Willi" Obspulist t3haisr Gentlenent The Board of Appeals has of Albert Coates and<others v. 4lAagr. 'e upon which 4 decision we would to Ig OPIUJM as to or not the plats for. with the BWldl"-SmepsatOr for which a building t e eanstitufm a subdivisimu befora 1973 awuZd be appreciated* S= OF APP$Ax.9 Franc SWLOf dr:t Chainum AD �� J •. z a r s+ TOWN OF NORTH ANDOVER c SEP S 1973 v MASSACHUSETTS o JOHN K LYONS 6 +� TOWN DfERK �n NORTH AND ER BOARD OF APPEALS ° `ao ca bz £Z y September 5v 1973 John 4. Lyons, Town Clerk Town Office Building North Andover, Mass. Dear Sir: A public hearing was held by the Board of Appeals on July 309 1973 upon the appeal of ALBERT COATES AND OTHERS v. CHARLES H. FOST889 BUILDING INSPECTOR, under General Laws, Chapter 40A, Section 13, appealing the issuance of building permit #1737 to Vincent B. Landers for 152 Townhouse units located on Osgood, Pleasantt Stevens Streets and Rarkaway Road. The following members were present and voting: ; Frank Serio, Jr., Chairman; Dr. Eugene A. Beliveaup Clerk; William N. 5alemme, Louis Di.Fruscio and Associate Member James D. Noble# Jr. who sat in place of regular member Arthur R. Drummond. The hearing was advertised in the Lawrence Eagle-Tribune on July 14 & 21t 1973 and all abutters were duly notified by regular mail. Atty. Herbert, Phillips represented the petitioners and gave a number of reasons as to why the building permit should be revoked, mainly because they Seel it is a subdivision and as such should come under the controls of the Subdivision Control Law and Subdivision Rules and Regulations of the Town of North Andover. Atty. Charles W. Trombly represented Vincent B. Landers and pointed out several reasons why the development was not a subdivision. Building Inspector Charles H. Foster also pointed out that Mr. Landers met all of the legal requirements of the Town of North Andover and that the development was not a subdivision because all of the lots had the required frontage and area on public ways or private Kays maintained and Wised by the public. All proceedings and correspondence are a matter of record in the Board of Appeals minutes and files for further reference as to specifics. A special meeting was held on Wednesday evening, August 229 1973 at which all of the same members were present. At that meeting, correspondence was received from Town Counsel stating that the proposed townhouse development does not constitute a subdivision as defined in G.L. c. 41, S. 81-L. In a letter from the Planning 9oard,' a poll was taken of the members and two felt it was a subdivision; two felt it was not a subdivision and the fifth member was unavailable. A letter was also received from the Building Inspector pointing out the applicable sections of the Zoning By-Law, and the fact that the subdivision requirements under sub-paragraph #7 applied only to R-5 districts and not to this development which is in an R-4 district. ,; �, Albert Coates and Others -2= September 5, 1973 f Member William N. Salemme made a motion that Bsildling Permit #1737, issued Juste 49 19739 be REVOKFD� Member Louis DiFruscio seconded the me►tion.and the vote was Tmzerzizno�zs. 1. n ;+I din , PP+-mit 1717 was issued based on a previously approved subdivision that obtained the minimum rrrndred frontage through similar extreme and irregular paths, 2. The follnwina t,hraA yrn,ipings of townhouse units as shown on the submitted site plan of thA +--rs Will .rr-p4-rty dated June 4, 1973s, are the most flagrant abuses of the wor�linv ^f the 7nnina regulations. The repaired frontage of these units is convPnipn+ly ^r.« irpi +� -irposely avoid the 'Town of North Andover's Subdivision ^.on+..n, ' awe -,r i thn+ 'rortago on a public way obtained in this manner does not r^APt thA in+en+ qr,l ,),1rnoQP of the Zoning By-'Law. �. ;r,i s 51-a through � A seek frontage on Stevens Street by going out from " �A frnnt if Psch lint approximately 25 to 40 feet, then taking an 10 de-". ee angle, then following a path of at least 280 feet h. T'nirs ?a_n thr-wh 10?rA obtain frontage on Osgood Street by going from t�-A unit approximately 30 to 80 feet, then taking a 45 degree ?^•v'pthor r•znn'inr from approximately 240 to 680 feet. across and in some . ;.rmt. an existing brook. *"-R and 88-B follow a path that has no leas than five different ^�'oe to resch frontage on Harkaway Road whish is a minimum distance of ^VPr (tnn fAet. ew8v. ?r4.-PwAV9 ^f this project to gain access from the individual units L, - -ibti.c wn•r do, in our opinion, constitute streets and +m.zst he mor►- in a or-zarcP to town specifications to assure the free access of emergency T' ~^ ^° 41 ; lov-'npmrn+- *nd the obvious effect tha+ it will have on + •pi ,� ^n,3 +nwr vyarrartc the controls that the Subdivision Control Law z. ^ntoc+ +"P hAalth and welfare of the development inhabitants, as of +be citizens of North Andover. 5. Therefore, '+ , s +ham nnnnimnwq decision of this Board that this does constitute nrnrPrly be before the Planning Board of North Andover. Very truly yours, 4 �1r Frank Serio, Jr,,Y . Chairman O f T TOWN of k4 JOHN J. LYoNs, Town Cleric • • ELECTION<. DSPARTKgNT p0Town 371X+0IIt9 JUMCE of THE PEAcs o®k hamo/�Ir.Yia�..9l rQ -August 17 , 1973 To Whom It May Concern: I , John 'J. LYONS, Town Clerk of North Andover, MassachUnotts hereby certify. that HARKAWAY ROAD, this Town, i8 maintained and used as a public Way. V ru y r : OR J. ` Y NS . T i A ill yA , . ►•• TOWN OF NORTH ANDOVER �QRTf/ I 1855 JoRx J. LIONS, Town Clerk TOWN BUIMING j►SSACHus� "� �:�-ecriox PePA[rrbiExx ►► 7V JUSTICE OF THE PEACE # Noma ANDOvm. MAss. 01845 f .ctober 30 , 1973 To Whom It May Concern : The records of this office show that OSGOOD STREET this Town is a State Highway from Haverhill Line to Bay State Road , and , from Bay State Road to Andover Street is a Public Way. STEVENS STREET from Osgood Street to Salem Street is a Public Way . HABKAWAY ROAD is recorded as a Private Way but is used 2`. and maintained as a Public Way. °d Ver .truly you ORN J 1 �I I i i I I. i it i ,I i r y,. R NORT r t r•� Aap�4Tn ► A ;�9�1855�,�q•�, 1 rf'TTYvfi TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . : : . . . . . . t. AM. . . . .. . Petition No.. . . . . . . . . . . . . . . Date of Hearing. . . . :, . Petition ofAlbWt '... . . . . . . . . ..... . . . . . . . $ + 1 . . . . . . . Premises affected . I*U V . n. Pesti + • i Referring to the above petitionA equirements of the . . . . . . . . . . . . . . . . far.42 TOW004M. '1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . . . .. . . . . the Signed i$UJ40 s Loot* awts"" Board of Appeals vv -' t'� Y13�.4..a•Yaa YL'.... j < ,.. ,� TAIL z ••• ACH TOWN OF NORTH ANDOVER MASSACHUSETTS � h�N ptyDO�R yo � BOARD OF APPEALS NOTICE OF DECISION f Date September 5r. 1473 . . . . . . . Petition No.. .19"f73 Date of Hearing. . July .30, .1473. . k Petition of Albert Coates & Others v. Charles H. Foaterl. .Building Inzpector Premises affected Former Stevens Mill property -.Osgood* .Pleasant, .Stevens Streets and Harkaxa�y Road. Referring to the above petition m<6opl haoirrequirements of the . . . . . . General Laws, Chapter 40A, Section 13 WXV.0qUq§WAppealing the issuance of building permit.No. 1737 .to.Yincent $.. . . Funders for 152 Townhouse units After a public hearing given on the above date, the Board of Appeals voted to REgOI the Building Permit #1737 1 4 Signed Frank Serio, Jr., Chairman Dr. Eugene A. Beliveau,, Clerk William N. Salemme I Louis DiFruscio James D. Noble, Jr., Associate Member Board o/ Appeals A r 7A P&I an-t er� r t 30 7c( LA r • { is AJ � .-rij 2 f P ` r , a v 13 } � ! f M1 ' Y Aa t`. 42 � 1 g , .r!-iiiri_.L-:1.. a KGs i-iV�-r_L—• , Gt ✓J g tit may) is u� A �L 1w r 4 i A. 4 vl' _ GAL NOTICE � ��ven��' i reww a fae1R9N rwv� Ism "t wo me ft BOABB wy n,wn aor N t fed b w 5ec� Mt► R1RS pp �1sp Y1rt weeder ' 116 k aa1S'17+fin_ y- IiC!of GIsvven et APS ' y No",DoWd a?App s vtetwlhatptt�Mtr x BeerdofAppeofe tic kwi fm+Tamsulfdlnp, ► �hM►3.r a lillSeriw jre ,Nerft� AA ,OP ISL I 17ie�/OA1a14��teo elf wrfl�efsAt CORM e11�NvofjltlA�L7raM'undar 1 �;INLp&"est�gtM QA, Sac- liwenca of I)W Shp peen 17ia, t737 to vin- linear+far r113a2�townhouse Imood on is �I Nrftawy *ray of Mo Board of AopaaU __ ,. rank Serio,Jr�trmin r LEG'�L N-16TICE` t�T- BOARD oe APMU Monet ray n,ftss �: Ins . Ian the Board ce AppMIs wilt give ofppuub tic Mart of tM Town Butidlnp, tNorth An ver, on �11 a 40 soth 7+SDeJN.,toaflpaµkJslMer ad in the appeal W AND OINSRS v. CHARM n. FO5- 1H, BUHADW fNSetCTOR, under General Laws, Chapter 40A, Sec- tion 13,appealing the Issuance of - twilding permit No. 1737 to Vin• cent B.Landers for 152 townhouse units located on Osgood,►Mmanr Stovers StroW and Natkewey i e Order of the Board of Appeals. b Frank Serio,Jr. r Cfiairman FJT— my 14,21,1973 W r � r i 12* LAWRENCE EAGLE-TRIBURE,Lawrence,Mass:-Tuesday,July31,1973 NORTH AN tC V1 w3k' „£fir - i�tzn � o �1zw 1 • r • should be oas 4" isiow By Leggy Stone eight reaso whX the " ea0el, involves a lot of ivc v> ` » the'.c n o ,,,-Y ,a -8, D' )Agostine responded,to w' Eagle-Tribune Staff Writer petitioners ishe�l #he., to . unita'Mwill • ".` .u..iOettn Vdte .builds t ok ties . questions 6n` the .legal NORTH ANDOVER ng Pe tY _tiff to lt, , Rs ects of, townhouse; - ills were AW�+t ,, p r .. ', "These drivewa s are y-- Y b Buildin l h�s' „fltytN "pled ;4wnershIp.;Ile descritind a' , „ �.t�r t.. .,. ` roily.streets, said Atty. 1' � _ ''flet,;1 ,� . i�a�ttiett ,. „inanagsment >. Herbert P. Phillips as he Charles Fos Aad then ty ;;, ddt> to - �: association"which for$60 asked the board of appeals a vY of•.. is f0e4 h= a Fr I, per,m r4 d .., ' to M0 oath paid.by to order developers of the The d s r h o er a ?x ? tensive, "but of r iliLg ^;' , wn , woubk in- s _ Stevens Mill site to apply ,` s at .: . tali grounds;• ¢ o' ;! that s not'ltti z for subdivision approval. tion:" a , . % a lid ` care Ear' ot�e r ., Last night,after a lengthy , r,, � r nitles of the corw y„ public hearing, the board every lot had redx fp. ' ` ? 1 ': such as awitntil ag took Phillips request under 18 foot frgnta ria4an'ex- : „ a 77 * ;k'RA . Ins�irisee, ll: . !sting site .8ndi the >. fi „ adv ement. ,, A .? cd sieil in tins. he;said. ' Phillips represents 12 necessary square 's$ hd: l,sq- �''A g�,' t "Plus. die J, North Andover residents foot area- . y re" (F; The to use nowt F asked Canty. * eliminate for H' ai t+ods c At t. who petitioned the board F"and Iras, lwa9 „> of appeals to order the � ld, a rill, b,'Aex aatutl - "j; ..:. Residential#' as such 1a M!ttd7F vliiil ' Mar ;the, building inspector to s rocked etiti ' . . e {� ,: d±'pend` >,uPd?i. building as this one, t _' mea## lug q{ }' td; fitlg, tenliles but avetl . revoke the bulbi rmtt in before 'e'in. 's... ° he issued on June 4 for 152 ? Aid of lS► �t e f the >.a f� 110 Al wip,, , townhouse units at the site town taw: ber, h�' G}0yq� 'ot+a } __ fir, �enibershlp, in the .. ,. F said Foster. . vee thqugh x l.. the of the 100 yearold mill at ;rr-. s,0.-'y t1 , r ag ihtion wpuld`t0:i rvtees ' tate se r600u re ' sicca' i Stevens and Pleasant had to >!ke:" s'� $` ' of'every, developers sag they"t)ort't W Streets. . �-a ' : r a .. Ag ••! g� that 4iuP.. dcisi-on _.. t ti .int, ,> Ph' lis told board of ,I. "Ttie entire Cruz of this This plan constitutes a subdivision, Atty..-Herbert, - tt p,, n t''t.a<ass q40, p Y, _ , S e the �+ of `'„ t ni ht s llo h nn rd members Louis l Yi Prussic pian constitutes'a su6Sttvt d"a g B d to the a street 1, , e'9lately �; left and James D.Noble Jr. (right)stud narrow,unusual of lots. sion,and shout go 1iePei ' ` r�atr;ett�trs' std ( g Y Pe places a d into s;, kti planning board for subdivi * , 1 rehai�ts; xatd Pht#lis >ll 'ad k the: anbdi rdq a.:., _ �., , mounted $' as;`its ; sion approval," Insisted Iitnn t9se ae 'he pointed ottt that . Phillips. "The town should F e: er:#hishave control, ov ' cmlaassififcVaitcei# t '.a y ? tti'. . . could orx,500,000Projeat. town to eppro de to ask the ir- vide some ofAtty. Cr T T The Haverhill lawyer �^ Sr. answer fof.land `�.,i; 661' " was representing the i g aneighbors of the 100-year_ owner Vincen .iapders, f- l l old mill for the"second $0 School,5� Joh:J. s ; tea,, ,. Gaffney,Jr,,, tkVin e, time beforeth town and other ed of 3 objected to Meyprawplile members 9f a conversion of the will iat9 meth�Q�r:„ �Y •'.of - - - - ` apartments. 'tie case is We said d in lastAM 10 t"s hearing, you to talo �� ment an, rt ty ' Phillips presented a list of Con.servationisl must review P la NORTH ANDOVER—Pians required' "This snot been for a speedy start to construe- enforced is th&�st,,but it is now," he said turb or alter the -banks of :,ems y .• brooks to he hull mho Eihouses� of intent and cannot start any construction for 60 clays.>,. - �. Chepulis also mentiot ed that a 832 requests .. � . ;e , ,3LAWRENCE EAGLE-TRIBUNE,Lawrence,Mass,-Saturday,July 14;1973 , - - I - yds m for service � _ WINDHAM, N.H. �r� from , police DERRY, N.H. — During the month of June, the Fence variance asked police department received 832 requests for service, [e ued 45 traffic citations and completed 54 accident WINDHAMorts , N.H.—Five re man the required setback from the required setback 50' being i quests for variances will come the side lot line on 169A First required and a 6,' fence (3' be- In his mogthly report to the selectmen, Chief before the board of adjustment Street in the Residence A.dis- ing maximum allowed) at Edward B. Garotte released the fallowing figures: at iWilearing Monday at 8 p.m. met 'Hayes Fier t R da d i n a June May Year to date at the town hall. Residence ,dia44 taict Caleb Buzz6ll seeks; a-'-".Doris Costoll,dy leek's'a Raymond Captell seeks a variance :to hold_.an antique vargince to,a ct a 5x14 A !stock to erect,a 60 foot- show and flea market within a balcow h+ t�t"al slidi ' Offense rstocicOde fence on Range Road building an Ronte 2$ in a glass, dopr,'ce � 'in me Residence A district. b sin i lion Aggravated assaults #' 0 ' 1: 1 7 . 6 Lloyd D. Bauchman, Jr. a ess�ommeroial zone. farlhavingna tali-there Burgry 29 7 11` 4 95 27 Y, Thomas V."Ginise seeks. a quired selliack ht l45C Rock Larceny N 1 15 3 107 22 eeks,a variance to erect an ad- variance to install an in grbund Ridge Road in'a Y Auto theft............ $ 3 4 0 20 7 on,to a bathroom with less Residesice A' swimming pool with less than district. -Other>assaults.. ..... 3 3 1 1 22 19 Arson".-;,...: ..:.... 0 0 "0 0 4 f Forgery andcounterfeit.. 0 0. 0 -0 5 _ In North Andover 5 Fraud.; 0 0 1 1 9 7 Staten'Property...... 0 'o 0' 0 2 2' Yaridalism .......... 18 1 13 2 85 11 scio o'l board selects Weapons 0 0, 1 1 2 2 • Sek fteises o _ 0 0 .0. 1 22 `for various posts Narcotic Drug laws.. 0. 0 4 4 11. 11 Dtunkeness ....; 5 5 0' A' 13 13 NORTH ANDOVER—Eleven North ,positions in the North Andouer sclroDl` Disorderly conduct ... 7 7 2 2 16 i6 Andover residents are,among 22 ap- system are: Norman R. Seifel Driving under the inti. 3 3 4 4 32 32 pointed by the School Committee to dover, Franklin School assistaat:prin Liquor laws U 1 i 6 6 positions in the.North Andover school cipal; Kevin J. Lynch -of,.,North All others 8 4 8' :6 49 26 system. Tewksburyand,M>s The;iland theirposts are:Mrs.Erik of Nor Cter' tlJ119. nor e"�StAI' Wl r MEDAL WIN —Proudly dis.-, ;dover are (left to right) Michael Fl4d �r apd 14ira. Ciaue,O'sultivan ZdancFwDeZ f ` n: . � , 1 . .. tU '11 playing' the;.1>ar2dad from an. "and Sharon Farley, Pelrine eltary?;ch00 libra aides; Mts economiesa tiY ,. , o !Yolynil"ic field„ aY held recentl at Elaine <LaBd and W1111am Davis. � Y Gunner; part time secretary Derry, Nacte>~ia t�' it tr�han 1 ome” p Y � at the l�ranklin School; Mrs. Dorothy Also.. Inted f the Franklin School in Nortli An- apo+' $t Viiirs o- SALEM, N.H. —Rev. Peter throughout the United States. O Coailtar, Atkjnsm,'School assistant board meeting we, 1� Moonie,a native of Australia He visited centers of ell` Miss ''iFargaret Macklin;r, Scannell of Beverlyr9 '« 1. :. art¢ former pastor. of. the spiritual renewal and inter- SALEM NOW a tory s #} l>.'gfj ='r, eilpe Momoria3 U 7a,tgaders in ,the pew n »,: � ;:, . . ..,. w�.:..ya,. =r..ro, yr3 . . Z rR �.4 a y. ., «t, a>V Kc�,'4 •,9 'M'b "`.w f ,� r. $+fa. f ggp�y��r , a• r t v .... ... :. ..: .: .. ..lits -.r..::. : u:. deli'`a sclehc �` at Sande ,: owacdro2ier .; d ' Y € _ wee at irs Bap . n _ . Other,:- r+�i'den .,:... ...... ., ��.. ,. ., -SA — �,,.. �' : ,. :. 'appointed toy • . .head A 1?ev<,'Ma ,,pie w _ t*tiled m I,EM,.,N:H• rt J. , .` PEKE ,. 1 N>D> 116 after a summons for a s sI � tap � .VITO FALLISI,2 Brian Ave., x v in, .14lethodists Chu�glt'of DeCoste, 1 Central 5't ,leui, Marblehead 'Rt:z, forth An- violation, dismissed. Salem, N.H:, found guilty of. t r , e :vm N.H. was found': b . dover, Mass., found iltq of KATHERINE.TOM, Hayes stop`si violation- � Y ., gu Y . fined$15. n . NX S rai Justice Jam3a er pcad fined$S0,' Hart Road, Wuidham' N.H. ^' #egS!li�ks vinityt" .P 1' RONALD MESSINA, 127 S. ' ' :fAt f9eaomttte. Jniversit.y of mSalem District Cotecent :`PATRICK J.FINN EGAN,17 found guilty of speeding Broadway, Salem N.H. found .,f� tln r r, a Metbo clic: He was pastor of 1y of driving while inlocated. Henry St.; Salem, NH,found $�l• It of " fined cl es i ..- :. He was: fined a ' urn d< in €lned JOHN L.CYR 86 8m Y pig $�• e v. „ e-two ercli@S 'in Australia $100 lid his .guilt speed g, $25. Beacon St., STEVEN W. NICIKSON, 1 PHNOM PENH Cambodia : ' d license.revoked r 60 da NANCI; A. FAHEY .27 Lawrence Mass, found insurgents from 'defecting `to ing .to Brig .,l ei Ith i5uong ,Orin,resome-paaUzi`ai#�rN,,,before conuireacrng his doe- . fo ys. guilty Tiffany Road, Salem, N.H., ( ,) Fighting. ra ed coli government. v Other area cases beard in h Rockingham Road Salem of crossing to left of g Y the g veru ent. ;, commander of tfte troagiBantJie sibilrtiea in i tfhrtpd:*tdgal studies'atBoston Uni er the g ng an un found guilty of speednig, fuied at isolated s is on 4 Bit local court: N.H., found ill of s sign broken painted line; fined p4 all Both Khirier,and 4merican Bat Deng are$wb4 irst.toi(1 df sDethoOistQinii, Y• guilty stop 8+i Pa $ ►• $25• s of Phnom Penh between warplanes have been bomb- thQ attempted; f qn e �0 -While studying in Boston violation; fined$20. DAVID F. CARTER, JEAN C. OUELLET, 12 and 15 miles from tie city arding thg No tli.Yietnainese Th high eoi -ng d � ," SUSAN J. B R, 7¢:North TIMOTHY S• .HOLLAND, 3 Chester, N.H., found guilty of Do le St., Lawrence; Mass. gailned..a: dpi ,. . served."as pastor.ot the Tenney Y ts; the.milita 1u Memorial Methodist Church in St•,Andover,M [dund gel Scolia found guilty of speeding, fined Positions around the encircled y degr Prom Bo�n;UnNersity Y Circle, "Salem, N.H., speeding, fined$25. r9 �m ed ludo thh a ` = Salem:-and.rA er's Yiilage ty of speeding, f ed>Ntll; found guilty of speeding,fined WARREN C.: DATLEY, reported• battalion of, would-be.`;le sc : ciltBsWver � den t ' . a 3chopl of Theology.this year:.-: Y $25 K Methodist Church Haverhill ALLAN G. 13 ,ON"•JR:., 34 $15. Atkinson, N.H,,found guilty of LAURENCE J. TRUE," ere were no new, reports �tors,'wh©se food:and ammuni ,:bd Id rqc, ptalls Ip 1> POatloi►of]f}s doctoral Y UE, 55 g ..,. Y Maple St., De N. ' Found BRIAN MASSI 79 N. Main speeding,fined$20. torn the BAT De area 14 tion were rano low. Negotratioaaand.ar a dissertaation on the sigiiificance. from 1968 through 1971. . Congress8t.;Lawrence,Mass., Ag- 1°g I int peed . $ rtiile orthwestof here,where Another 1' Khmer Roue ttteats for the<;defQet16,n6s d of the Penbe0stalism for Since leaving he has Y of s i fined 15. St., Salem, N.H., found guilty WILLIAM J. DUMA, 23 found guilty of speeding; fiend g WILLIAM H. DOLE, 15 Oak of s $25; found guilty of entering a abduN;700 'North Vietnamese uisurgents considering defect=-..been..conducfed sec etil b. the renewat4ail ualfk of the be, pastor of the United speeding,fined$15. Summer St., Methuen, Mass., g _ ..Y, Y initn,i;Q". hi. Muth.urict f"hl,rnh_,Aoawam. Hill Drive, Methuea,.. Mass.; PATRI'MA R6RTUT ARYL f,Ninfr guilty of nnnoof:..n ,___._.__.___.z__:. _:.;.,•_:.. . :rOp571 'c:rn...,rla.rl......e...s:..i.F _. a.. .a>.>. Arson. ........... d Forgery and counterfeit.. 0 0 0 ' 0 5 Fraud 0 0 1 1 9 T School board selects Stolen Property .. 0 0 0 0 2 2 A Vandalism.., ... 18 1 13 2 es 11 22 for various posts Weapons...:. .......: 0 0 1 1 2 2 Sex Offenses .• .••• 0 0 0 0 1 1 NORTH ANDOVER—Eleven North positions in the North Andover school Narcotic Drug 4 4 11 ii, Andover residents are among 22 ap- system are Norman R Sell el of An laws 6 5 0 6 13 18 dover, Franklin School assistant prin Drunkeness;' pointed by the School Committee to ci al; Kevin J. Lynch of North Disorderly conduct 7 -7 2 2 16 16 _ = positions in the North Andover school PMary Driving under the inti. 3 3 4 4 32 32 systema Tewksbury and Mrs.music 0.`Eleanor 0 1 1 6 6 The 11 and their posts are:Mrs.Erik of North Reading,music Mrs.Eleanor Liquor laws. 8 4 8 ' '6 49 26 Zdano.wicz of 'M"ethuen, home Li others...law:.,.... ••- - ; Fladager and Mrs. Claire O'Sullivan, MED�U.WINNERS _prohd}y Bis- Borer are (left to right) Michael economics; and ,Owen ,Mortis of Elise Pelrine elementary school library aides; Mrs. Derry, N.H : teriasupera�iSiu, P. �} g medals from atm, 'arid Sharon Farley, flag Dorothy Currier, }tart-time secretary Also appointed at Thars raster s+� urn : 19 at the Franklin School=; Mrs.-Dorothy o}ympic Field,day,held recently at Elaine Lana a11d William board meeting were home ~' the Franklin School to North An- O'Connor, Atkinson.School assistant Scannell of Bev I' l arms to �uStra pari h Principal; Miss Margaret Macklin, . throughout the United States. elementary s�IM01 'g uida n e`" disabilities l*a[1 r POd I e" • 4. w ren T.Sherlock, SALEM; N.H. — Rev. Peter ed centers ofALEf�` N.H. dale b[Siness educatioli .., Australia counselor; Miss Kathl" native of us He visit (,«.- g,�a de« 2'; fss..Gathriaa Maxie- pow" [# [i#[�'�; Moonie, a renewal and inter _. _ guidarfve`crilinselor;0.illta ".:.� �< and former pastor of the spiritual w t,. ;= _; =. �, s Steven ,iugil school'home epgnoriuc*, 0,; dens uu,the_ge V e;a., , of emistt a� °PgN , Tonne Meariorial United viewed 7, , :, Y LL ." ! MtS.iaigdente Gerrsughty and Mrs. Jerome iegi8ni of Gardner;earth ist: d rr . Virginia Ptf[tlds,school nurses;Dennis ` Science;'aaild Robert BeltaeLt Qf hie ' i. Timony, a 6; and Howard Crozier, aciea t F ` .: ... r' 6hdV"Wt; t Hampstea¢,N.H,1! ce in B[rst, ap servo d Sof his resealb to „° track coach the fin in19 1� '' _ 1e Q1, rt Other oleo residents appointed to head ' W.. Church. the •eongregatiou at Sunday ,' s It will be theaast opporWnity �s service at First Bap aTear Rev:::Mr Moordespieak a ening to, IO 116 after a summons for a stop sign VITO FALLISI,2 Brian Ave-, PETER J. D ANION he and his family'retu t>sf i ed in SAU M, N H ",` . : 'rt J violation,dismissed: Salem, N.H., found guilty of t ell Rev.Mol was;orda n North An- • • ` tater this:sutnm DeCaste' 1 CentrahSt.,, "fedi, Marblehead St., �y tnAllslraba a KATHERINE TOAD, Hayes stop sign violation,fined$15. • the Salem thg Methodist Church' of un' : b , hover, Mass., found guilty of l,a f htl.n ra Lt A[4ec a,b[ief;visrt[n ter, receiving N.H. 'was fo d gupS y r .Y . Hart Road, Windham, N.H., RONALD MESSINA, 127 S. C a mb of g g a the Moonle, family will Austr 7ia., of S liust[ceJame§ dais speeding, fined y30• found ill of speeding fined .Broadway,Salem,N.H., found area United States: bachelor,and divim y degrees ,P PATRICK J FINNEGAN,17 guilty vel. cros"the.Un mSalemDistrict-Cont guilty ofspeedingfined$30. trn._. a Untversit of NH; found $�• - in to `.Sri fth for from ;the . Y intoxicated. Henry St., 1 PHNOM PENH, Cambodia insurgents ants from defecting to g g" W;California o California. r r of: I of orivmg'while itrfnxi P g .. He.was` asto Y .� fined JOHN L.CYR,86 Beacon 5t., , .,STEVEN W. NICKSON, commander of die t[Ywpsi>rthit irmistive Melbourne. • P ed 100 640-ibis .guilty of speeding, # o guilty Tiffany Road, 8alem,_N.H., (RP) — Fighting raged early the government. their departure to the,, n<Australia He was fin $ 7 Lawrence, Mass., found gu y T y . fe ; wo' cburches .[ NANCY A. FAHEY, 2 Bat Deng area eel tifirst told¢f w ere Rev. `Moon He irevoked;for Bo days: crossing to left of an un- found guilty of speeding, fined may at isolated spots on all Both Khmer ,and At bomb- the Attempted,ilgfec gn. ooutttcy . .h-, n_ .before ..commencing his Bac , rdin Rockingham Road, Salem, of g s' esofPhnomPenhbetween warplanes have been bom wily,. resume.pastoral respo ;,. . sten Univ Other cases the i broken painted 1[neJined$20• X25- The high comfnand o f I7 [ted%~feral studies at So N.H:, found guilty of stop gn ER JEAN C. OUELLET, 12 y ailtilities':tn 'the., n local court: DAVID F. CA 7tY sand 15 miles from the cit aiding the North yietnamese situ. . 4iolation, fined$W. ed"to.,day Chu r N.H. found guilty of Doyle St.; Lawrence, Mass., limits, the military high coin-; positions around the encircled • th$at " nay"' Methodist i te.stud ing in Boston.he ;N OTHY S: HOLLAND, 3 Chaste , : Wm y , SUSAN J. BA ti 76 ,orth TIM d' ftt of seeding, fined. re rted. battalion of would-be defer= ,guerriilaswere tryjn Lade# t The.former:local clergyman. of the Tenney N.H., speeding fined$25. foun gu y P sand po - sei as A�over, found,gtuf- Scoliay Circle, Salem, butwould ive y det$ilS r a;_do Ar .o#,theology n St.' . . WARREN C. D,ATLEY, -$25. There re new r rts tors, whose food andammum- , g ea nod..., it eW tiers 14Ie4Aoriat;Metbodist Chnrch t of speed f ed$30.: found guilty of speeding. fined it 'of AURENCE J: TRUE, 55 NegoGmtaons,-`and ange :degree from Boston Uui• Y ors Village y Atkinson,N.H.,found guilty ty L from the BAT . Deng area, 14 tion were ruiining low. ear.. `_Salem�;and ,Ay .ALLAN G. B N JR., 34 $15. _ � .men or_ def�tw�"`had School-.of TheotogY this y Haverhill . speeding,fined$20. Congress St.,Lawrence,Mass., milesportbwest of here,where Another 1,200 Khmer Rouge rel 'h4ethodist Church,. le St. De - , N.H. :foundBRIAN MASSI, 79 N. Main P Inpreparationof his;docto , . ._: Maple WILLIAM J. DUMA, 23 found guilty of speeding,fiend about 700 North Vietnamese-insurgents considering defect been:reondueted� secret}yr;bY "� tion on We sig uficanee .from,1968 through,1971. guilty of speeds, , fined$15. St., Salem, N.H.,'found guilty disieka v[ Salem he has 15 Summer St., Methuen, Mass., $25; found guilty of entering a tegulars reportedly were light- Si to the government were Gen. Soong,unlu►wan either to ew;Aent�ecostalism for Since ice. : WILLIAMH. QOLE, 15 Oak of fined guilty of operating highway i hwa without.yielding,fined of the n been , a pastor of the United tiro- Mass. PATRICIAROBILLARD, found g Y P g Y ing fol•the fourth day to keep a awaiting the battle's outcome the high:command or the;U.S. the renewal'and unitg of the be • rch A wain, ill Drive, M without a fuel license., fined $20. Embassy u%ntil k`nd8y Church in the United States,he <Methodfsf, Chu ga charges of speeding and pass Regis Drive, Pelham, N.H., battalion of 600•Khmer Rouge before making�a moue,accord- Nine mile's-south ofi the Chu traveled extensively Mass•. . - Ing on the right,nolprossed. charge of failing to appear ` Phnom Pehn, hundreds o€ I33C won't air farmers streamed out the • • area near Anlong Chen Island an`tt�RaadYub ieu.,tiiday.fol- �use hits environment, says o€ ieq.�al Energy :_ . . t . _ _ _promote solid qa to p lowing the Fust major fighting est fluters were more energy than the earlier ¢ . a lie e a s s a re there in three fight,moutin ' conservation held by two House disruption and aesthetic Next big polluters , —yelingwith.tax incentives it Duringthe'night, i[nsurgelits By PEGGY SIMPSON committees-During the week, degradation," Trainsaid•` powerplants and residential models.' these ways necessary. It takes 70 per cent attacked government outposts Associated Press Welter n %con ressional Theenvironm�tisdamaged andcommercialheatingunits. Train Sugg less energy to produce pulp LONDON.(AP) - ABritish,Portuguese Prime Minister a.,kali-doze g on the island,and fighting was some car air nlitiot;.thermal Train said consumers don't to conserve energy: con from, fiber than from riest says he has documents, Marcello Gaetano. reported six[nilesdownstream WASHINGTON{AP)—Pew c om antees were probing.. by eludIn a"film,.showing the W is. discharges tp; Ia es and .seem inclined to consume legs. —Convince business to •n wood pulp, Train said, , g °g at the district:town of,Saang, the°enormous aspect' theeneCBycris., $ , •r ebnditioners, dish- structcommercialOfficeiwild- tier ��ofAfricialbyfortu- Portugal steadfastly has.de th siteofthefirsimajor-battle ` people realize orlon of Ai t of 0 He.l d4hat.tlte aseaf Viper steams and the u, r and clothes ings which are less wasteful of and 74 per c�ti fess to prod � �� but the British o enviromnIttal o steel from-sq'ap rather than mrd the charges and on Friday, f the Caihbodian war. hree ' eler use ;of gy lshot u `alaraiPiiglY millions of a land by �aers-x111 items in the energy,at tittle or no inose dcastiug Corporation has natiOu s Seel dry luxury vii Iriki!n Train said. the government privately in years ago. energy, the chairman o the i6ldonce' a1ad,In the.last muting- � lined to air the movie. ra 'twice Energy s e the 1950s—are commonplace in initial tion Persuade more People to vitro any`foreign correspond' There werenq details on the on EnvironmeStal, ,f t he said. "Twelve, —Find out the consun►P ants aecredited.in P al to. Councilbii„growtii: largest soure . .of he 264 today. sof the nation's largest take'tnasa.tronssit rather than ,ti film is several years combat,but military observers Quality'told Congress tines le are million tons of lutants cubic-foot refrigerators are ,pattern t to.vvork and l� go to Mozambique and check here speculated that the iosur- Although ma[1v pe[sp cars d and therefore has no con- the reports. week. "1 dant- emitted into'the air '1920,” now being,replaci l9-coi direct user of energy,industry, one�g Or. fps. If half Il Train warned that to- `atgare dF euvironni�ta. mporary .news value," the gents.may try to.advanee norW Russe five r{teplar energy, Train said. foot units and by larger,frost- a[uf ,hope policies to be sure oil tong along the river far an assault iron free refrfgeratoi Freezers'that they cronal along with the the intercity air traffic and }tate owned BBC said Friday. The Portuguese commander- on •Takhmau; an agricultural change the trend from an ever- ages lin. of the inter-city car splurge to energy coil aCttvities;' Train' said, "few Cars and other fa of; may consume over 2.5 times rest of the;country. onequarter !The BBC,has seen this'film, in-chief in Mozambique, Gen. suburb three miles -South of se% B vast r Iize'the degree to which sportation caused er,half. Y traffic were shifted passenger nd it is being handed back to servation would requirestems affect the trains and if railroads.operated Kaltiza de `Arruga, date- Phnom Penh.' .alterations in the ittestyIe of total energy systems abler Hastings." orieail denied his soldiers the militarycam- - most enviroament• s: ,N O at a.70 per cent capacity instead massa ed an and said, In Saigon, tht Com is of?lie use of "Converting fossil and nude p "' 0:1 h n o r o f the present 2 5 P e, ,'Father Adrian Has who Yh�Y mond reportedt4day t4 al analys leads to air�e s t I S e h O wouid be an aminal Obviously we must kill terror- monist-led troops fired more energy and the related environ- ar fuels into fe cent,there [s c to s ed the alleged lets who want to kill us,but at than liras given pollution, water pollution, VER — T fourth 1 Gappp° �geydb84 sauings of 11 billion gallons of s�in�in a newspaper anti than 1W rounds of rockets and mental pun • creation of solid wastes,.Iwo ANDD n oaeraua G■B'ti�Nam : t cent of all aloe• ' rocities such as the Tines of• mor?tar# at government troops to a -joint hearing=on energy term honor roll at Junior xeViu nines fuel---eight P a earlier fl»s week, said on 81arti ae N ed' - gy..need for transportation, ,ridgy that is obtained the,Loiulon:alleges is exactly oppo- during a general escalation of High.School is as f ws: W,�[ Logue one�m[ar Train said, site to my policy, the fighting. " N1NTn GRADE—RI 'HONORS Susan KrAree nasus Pena non and other documentation . . Cwo �t5 :, rrnueew tiiaiso[a GauKim.ne esee°p� _p��dethepublictosbifL roe two Spanish missionaries �•7 raarfe Bateson y ScWeege�l� 7�am Ryden ` l9 seen � to smaller, lighter cars, "If o had served in Mozambi- ling enrmyn Collins Laara Ski earntrn g ar. US m[Ilwn _ s �o�tig�l's overseas" �u��-_ ..�O�lC�s`l'y sm[[i, just:half toe.. . PatriciaCeuB> :.Diane_`'iAer..uaw ......,...a.,w .... ilia relaid'tiv C conservation held b two House p lowing a firstmaJo�fighting- B committees. During degradation," biggest polluters were more energy than the earlier —Promote solid ti to alleged massacre there in three months- By PEGGY SIIMPSON a; half-dozen congressional ,d The�vironment isedamaged and commercial l heating ani fol models." recycling with tax incentive it, Associated Press Waster g the Week. d adation"Train said. powerplants and resident During the'night, insurgents is r n Train suggested these ways necessary. It takes 70 per cent attacked:government outposts WASHINGTON (AP)—Few committees were probmgsome by car air pollution, thermal Train said consumers don't to conserve energy: less energy to produce pulp r'LONDON-(AP) — A British";Portuguese' Prime Minister people realize the enormous aspect of the energy discharges' to lakes and seem inclined to consume less. --Convince business to con- from recycled fiber than from Priest says he has documents, Marcello Caetano. on the island, and fighting was environmental impact of the He noted that the use of ener- streams and the destruction of "Air conditioners, dish- struet commercial office build- virgin wood g a film, showing the reported six miles downstream nations acceleratinguse of has shot u alarmingly-30- !n pulp, Train said, mass c at the district town of Saan gY pmillions of acres of land by washers and clothes Ings which are less wasteful of and 74 per cent less to produce massacre of Africans by Portu Portugal steadfastly has de-* le energy, the chairman of:the fold since 1850 and, in the last mining. dryers—all luxury items in the energy, at little or no increase steel from sera rather than troops, but the British the site of he first major battle ase troo s g Y: of the Cambodian war three • �' �' p Hied the charges and on Friday Council on Environmental two decades, at a rate twice "Energy systems were the 1950s—are commonplace in initial cost. virgin iron ore, Train said. Oroadeasting Corporation has the government privately in Quality told Congress this that of the population growth: largest' source of the 264 today, he said. "Twelve- —Find out,the consumption —Persuade more people to declined to air the movie. vited an foreign correspond- yam's ago. week. "Although man le are p t r Y- 1iO There were no details on the $ Y 1>roP million tans of pollutants cubic-foot refrigerators are patterns of the nation's largest take mass transit rather than casts accredited in Portugal to. combat,but military observers Russell Train warned that to aware of environmental - emitted into the air=in 1990," now being replaced'by 14-cubic- direct user of ener " Indus The film is several years ry change the trend from an ener- ages from particular energy, Train said._ gy, try, one-occupant cars to work and go to Mozambique and check- here speculated that the msur- s g - gy - " foot units— by larger.-f and shape Tohcies to lie-sure on long or short trips. If half old and therefore has no con the re P gy splurge to energy con- activities," Train said few Cars and other forms of_tran- free refrigerator freezers that they conserve along with the the intercity air traffic and temporary news value;" the pow' gem may try to-advance north servation would'require. vast realize the degree to which spot tation caused over half., may consume over 2.5 times rest:llf.the country. state-owned"BBC said Friday. The Portuguese commander- along the river for an assault alterations in the lifestyle of total energy systems affect the tf y- one quarter of the inter city car "The BBC..has seen this film, on Takhmau, an agricultural most Americans:. environment. traffic were shifted passenger in-chief in Mozambique, Gen. suburb three miles -south of trains and if railroads operated and it is tieing handed back to Kaluza de 'Arriaga, sate Train's analysis,of the use of , "Converting fossil and nucle- ; " Father Hastings." Phnom.Penh. energyand the related:environ- or fuels into energy leads to air ♦� est School honor ro 11 ata 70 per cent capacity instead goncally denied his soldiers gy In Saigon, the military coin- mental punishment was given pollution,,water o f the present 2 5 per g massacr ,an bod and said, mand reported today thatCom- to anybody a joint hearingon energy' creation of solid wastes land ANDOVER — The fourthMargaret coronas cent, there would be an annual Obviously we must kill terror- maria HendersonlGaoMary M°y°iba" d 1 s c 1 o s e d the a 11 a g e d mumst led troops fired more term honor roll at West Junior Bevia inane Gaa NMX=r savings of It billion gallons of cfiassacres in a newspaper anti- ists who want to kill us,but at- than 100 rounds of sockets and Hi Barbara Need` fuel--eight r cent of all ener- rocities such as the Tines of. �`y.�f, ,, gh•School is as follows: Bruce Leoes Charlene Naaiak isle earlier this week,:said on mortarf at government troops Denim L1 WV r f(ia� NINTH cRfgps—iHGn RoxoRs Sinus`Mc rLee Leslie Oeon�O ler gy- used for transportation, friday that he obtained the London alleges is exactly oppo during a general escalation of ° Moubew Mirlsoia Galls"p ncople Train said. film and other documentation site to my policy, the fighting- Q y� 'L 1 y� Laurie s°cei°° ; sc°n puri` xim'Roy. —Persuade the public to shift Y rom two Spanish missionaries "�y`t"�(r Ear fi I(f' Carolyn�°➢ias Lynn Se�loegel Thomas Ryden 99 ratdcla coaghlia Laura Skeltehok ca t skunder to smaller, ( ht cars,, 'If who had served in Mozambi- .: Liar k ' .AN'+ Jerfeer mfr g Treat half the.113•mil{iQn c qng,open#j?ortngal's overseasLilL.:an ii +dam Monday<- S Sp�Ctee Brian expected,on the road by 19W territories. < Glenn Levine HONORS Charrek goiter were as economical of fuel HARTFORD .Conn. (AP) Aly88a L` imaa Kathleen sunivaa SALEM, N.H. — Selectmen, at their first public procedure began about a year sbaron Macpouala Eric Sullivan the small car (22 miles pe During an airport news:con- meeting in three weeks, have a full agenda for their The head of the federal Food agq when the government digDebra E; `f8°O Degree Surat gallon versus 14 miles Terence Friday after returning Lindsay Swan -g- Pe Monday night.session. and Drug Administration in covered that 95 per cent of im- John Perrella Margaret Bernhard Diene sane gallon average' now). the . S Beginning a New England says American Dennisu aIo Brom in, the Roman Catho- ng y tree swordfish exceeded safe Rebecca Taienfein Mary Rroaao g: g t 7 Howard the board has scheduled ap fishermen might be � Rebecca Taylor - Robe°ca®ell average fuel savings would'be tic priest declined to disclose pointments with Howard White regarding a violation; Dawn vallble - his evidence. But he said he ,.personal - gh an►uggl levels of the highly toxic mer- s rein' �can $= son about 17 billion gallons,"Train Ben Ellis, personal matter; John MacIver, fotreignswordfish into the oonn cery, Har°M R' J nnydonor it said. -would be making a'full`and matter; Carnick Kachadorian, regarding water try to avoid inspection for ex- Gershman said ac Heusi Cro RS _ detailed statement uitesoon." Cess mercury, the Hartford cumulates in the body and can Bo uneaa lish��ca esrnaby anderaea� with the home appliances q mOther agenda items: request to repurchase tax held Courant reported today. cause paralysis or death.Some inose Allen Becky Dotat �Fns�W ratric�a Barney the amount of energy It i The massacre charges were land, request to purchase tax held land; petition for Louis Gershmap,FDA-actin App Marr A Garshemas Derek sates will require,an action now be particularly sensitive to Prime special town meeting relative to Franz Acres roads; FDA-acting imported swordfish,especially Margae� Douglas regional director,was reported that from`Japan, contain five Faster Lanoiaa Coleco Grriggs s sah� drmosiau ung implemented by they Minister Edward Heath's gov- and a review of the policy on casual sales in certain em as saying he's been unformed or six times the permissible Nj°„`aLsssw° x� Deborah atm Mtw seraardm Commerce Department con-;ernment because of an official zoning districts- ole or two American boats are amount of the heavy metal,he Haar g t Melrose Hostetter' Ll erg junction with Train's agency. {visit beginning this Monday by meeting Canadian vessels be said. Joann ?cress ismszai Geoffrey 6ragaon Robin Brandt a .Michael Issenberg- acre°Bre n yOnd the 12-mile limit, taking FDA inspectors don't look at Geon a , hael Kojad" aboard foreign-caught swordf- swordfish caught by Maureen a Lnty'Lee Sung Br It ish and,taking it to either Bos- Americans within the 12 mile cal Daothgylu�Mauacr��oya r ton or, Gloucester, Mass. :. limit, he said. CDone oombs a Karyl Marvin`�80a Eric Carlisle. Why ? More ej Gershman said his office -checking fish within the 12- Tlmowy Cr. Murtha Mayoflum Lea Conwmto hasn't confirmed,the is wsaem LpmrAwt Sharron Murphy cokes csnloa . repot mile is a state responsibility, Dime Farrell chria Nemvea; - - w but ho has notified t anadian au- be said. "The state controlling Macre Fortune ao Frank aPlermPlourde s ePi D�i os � SALEM P�4.�'► Maureen Gaon pta� _ on: Su-n�da thorities. the water where the fish was Manteca caam Robert Reddish Gama°Fawn All foreign swordfish must be caught has the responsibility Andrew Gsodmaa Dana Rosenberg Eileen sn e isenberg Inspected for mercury n forGrace Emmett MueMuiug for mercury eau- Maary, Grande.r Linda3chm Gan flak famination by �l PDA. fent." Mary Kewtak' start Joyce Goldberg i Gershman woff dn'.t JamL�a■ Asa vim. raaelaGregars COUNT L + fL �wTO IGE <,,y Janice Taft..� to on; rife amount at sanat� u ' elft DEPT. STORE 0,"PE rowel os Kovac ' ordfish that might be•cqw- Joan M risim Bis ro e. i ashore tHegaliy.Resold the ; u�wonde Etmpyy Reams HILLDALE .AVE. HA�lERHII.L �n captain any has to Dania , ' viclrt e.vleetaaa D «� he cau�t the lsaide naYw Jody walamn Daan_Lampra._ thei2 mile ilntit , escape Adie a v000g Linda i ovaati (OFF LAFAYEiT� SQ.;-AT OT 97) lmiad►coon; We paperjem�+neRoger 94LBLW Tao u=m Maureen tinea AnVeY Douglas oder states have the time or Sol, SPAWN!OWE—HIGH,ROMEO t.0a;oMMA to check fishingan�r aStarr jDimeedue to Mtoo OPEN SUNDAY ►4Wks is !boa coming into port, he :�&.go r pK mem A tea asunder Gregory NNicast e Board d w a Es�btmc`r Cynlida Aademe Gdrry N Non" naso Ana °•T tea m catdek am prm R ould be difficult to pre- 1 5 POMIS htiehael siyidcc -Edward[bmeaa 'N we v smuggling of the fish m- MMiisdmel turo�e iia i' keRRed�k toah rt forest the Coast-Guard was ale' (�apaKam uteaa►as xoberes t dice Allowed B . o�n>iss h Joyce irolfe AAe�aoo�.r DBP. Only Merchan y r, irstl r to tell the boats in the act of F 6 ou Paul � Karen Roblason tr ,%rtep wusi�cantransferme of , he said EiGtrracsaDE—Itl¢iu'Hoxons ir Li Robintoo LARGEST DISCOUNT REP.t. STORE IN Salem Town Ordinance ttulylx permit No t737 to vin n said rising prices Jamie Abels Diva lordai peer 3cteemleie CO`*rera Ieanaers rot i52 t+ a decline oft 1 '. J ega Imports wa ie Jeffrey s Sheehy MASS. OPEN'ON, SUNDAY WaTH the inspection were he nettyf�oa -Dean MargareeK8go SI�LEIIA RLA�A ONLY ,ar.�. ... Timothy Tiernan oroerof+nsswraaApasats have created a profitable' camdni`neLacoacse MichaNTyaes EVERY DAY LOW PRICES • Robert wares FrenkSeriO.J14.:..__ market for the swgrdfiah boot- B__..°a,�'_°` K�-Lr9_.a Roth welaratk (f i ACFn Cd tf iRf1AVC1 ti�a.. 'fQ C.J. Y u $ LAWRENCE EAGLE-TRIBUNE,Lawrence,Mass.—Saturday,July 14,1973 METHUEN , Pu ,detectives a step ahead l Course p Alt"';il, I By MIKE SfIEA he continued. Eagle-Tribune Staff WriterDuring the two weeks of instruction, the two Methuen police officers learn- METHUEN —Two Afethuen.police ed to lean heavily on their detective I kits,which contain items ms necessary to officers recently compld. a lwo- ' d v o evidence. e el week course at the state ;.,lice ' o d The 'kits contain fingerprint ' academy i e,a. very which t,tabl materials plastic'"easting materials make crime,a very nnprofitabte for footwear impressions, rubberized profession in Methuen. casting materials for tool impressions, Sargent Donald DeSantis and Deter- photographic equipment, ultraviolet , t tive Shae Baddout•of the force's deter equipment(used to detect evidence in tivedivision participated in a federally q P rape cases),tools necessary to develop landed Crime Scene Search Program, , -c blood stains on clothing or t Fw taught by C D.ana-Kuhn formerly of the Boston police crime lab. automobiles, and equipment to detect Upon completion of the course, gun powder residue on clothing and which deals primarily with the gather- skin. ins of physical evidence to be used for While DeSantis and Batldour are the WE'RE court presentation, the Awo officers only ones trained in the use of the kits, YY Qu'���' received kits which will ald them. they will prove a valuable tool to all G OUR ENTIRE From June 18 through June 29 police officers. DeSantis and Baddour attended classes eight hours a day,five days a DeSantis says that other officers cTO ' z week. They're room and board was may be trained in the use of the kits in 1237 ��r000-00 V C K: EVERYTHING V r eY the future. ERYTH�NG paid by the town. "The emphasis of tL course was And how are,the kits working out so MUST GO! HURRY' ' mainly on physical evidence," DeSan- far?"Shae used one of them the other • ` tis explained,"becauseapolice officer night at a B. and E. (breaking and • " has to rely heavily on this kind of entering),''DeSantis said of his fellow evidence as a result of reme Court officer and classmatein the course. decisions regaining ions." "As a result of the evidence he t "The idea; is that he physical gathered with the help of the kit we're I�ets!�'t�IvB $�[iNtiottf' ch�;Ck$ oise Of the Cl'Ili1e evidence 1¢ft at the of a crime is going to get a warrant and make an the foremost way to 'the crime," arrest. ' yltletlEe til;. t ' r A s � f • �. f r ix A 1� ]•k k C ' ow F ,. tu+ ent situ a average , tit R Ps iCueer elementary gclioots; Of}he 4p dWdren who ail once text" A t Sanborn, reading ,,. r s c4I!t below' average on a failing into the top averages at 4.1, with 35 eiemdhia X01 Shim in all casesex one,4art si�u 4ctsttlgtial ;inilividual schools average Z.paragtulydt ,Meaning t, wa[id"be bored, 'with students reading above level,atwa,ot grade points or more Ctwo R>sgan csid !'S9 are he said, while those 14 at level and 28 below leve].the NtaitAo 'fijint months or more) 'above the linguistics program, so; at tho' ttom "would find the At South, reading level Toots,admhiustetedtis' third grade national norma. achievement scores are lesson running sway from averaged 4.2. Thirty-one xJ The goct{oii of the,ac leve Of course you have to standable." them" students read above class e ment'Wis,adinlistered'in May realise that the national norms This and other data the . In Grade 3,for instance, the level, seven at level and 50 tS,to stgdents in Grades 1.-9 date from 1964," Regan said. tests,.;are being arse led following numbers of students below level. Of this 50, only Yn(Grade 8 students took the test "The porins wilt be changed "hopefully in time f the fell into the 7.4 to 7.7 (mid nine read below third grade hist Fall attd Wore tint counted this Fall when new tests come August meeting" Regan td, seventh grade) reading levels: level. in' the following statistics) out" which takes place Aug. Bancroft—3; Doherty'—2; At Shawsheen, average found students. in all grades "Meanwhile," he "We're trying to get er Sanborn — l; South - 2; reading level fell at 4.3. covering a wide range of grade- emphasized; "near learning data from 171,"12, and; so shawshepu=1;and West—3. Twenty-three students read UP TO • • • ANDMORE e equivalency scores. materials have comout, see how the children a At Bancroft, the average above level,two at level and 26 "Thin is further evidence of learning methods have going," Regan said, a g. reading level was 4.7, with 39 below class level. Of this 26, iadfvfdyal differences in changed. What we're doing on "We're not discouraged( With students fol[ above that lever, only one reads below third leering,"explained Asst. Supt. this test is comparing the the test results).As'm magter4f ll.falling at level,and36 falling grade level. - . . .. _,.,..___ s t..a..., ...ith the -sews mora rati7er➢leased.. t%Anw xrhmi level.Rut only 19 a" tAU 4 U V. L61,4•aaru ,, e" y an Upon completion of the course, tomobiles, and equipment to detect the Boston police crime b. gun powder residue on clothing and which deals primarily with the gather- skin. ing of physical evidence to be used for While DeSantis and Baddour are the WE'RE court presentation; the two officers only onesthey will p ■'trained in the use of the kits,' RE ��� ����� � received kits which will aid them. rove a valuable tool to all UR ENTIRE < From June 19 through June 29 DeSantis and 8addour attended police officers. classes eight hours a day, five days a DeSantis says that other officers r O e kits in q0-00 J STCK!week. They're room and board was may be trained inthe use of th2371EVERYTHING { paid by the town; the future. ti�RYTH�NG "The emphasis of the course was Andhow are the kits working out so i} (QST G 01 ��RRY1 mainly on physical evidence;" DeSan- far? ",Shae used one of them the other • tis explained,"becalm a police officer night at a B. and.E. (breaking and has to rely heavily on this kind of entering),"DeSantis said of his fellow evidence AS a result of Supreme Court• officer and classmate in the course.. decisions regarding.confessions." "As a result of the evidence he "The idea is that the physical gathered with the help of the kit we're + Detective,Baddour cheeks o11e of the Cri111e' evidence left at the scene of a crime is going to get a warrant and make an ` a, evidence kit& the foremost way to solt+e the crime," arrest." f AN a n �¢ bestudents at above average. ANDOVER — A&dover elementary •schools. Of the 40 children who ed .them all one text" At Sanborn, reading 1 i • • f ► ' 1 .elementary school''students In all cases:except one, the below_average on he .. Children falling into the top averages at 4.1, with 35 Y scored above or at the natiobal individual'schools average .2 paragraph meaning st, ranges would"be bored,"with students reading above level, f e averagg in`at,least,one,area of grader points 'or more (,two Regan said, 39 are • the learning, he said, while time 14 at level and 28 below level. ' • ' ' • / f ' ' r l r r 'the :SiaufoM Achievement months or more) above the linguistics program, so. ow at the bottom "would find the At South, reading level 1 Tests administered tis spring: third grade national norms. achievement scores are u er lesson running may from averaged 4.2. Thirty-one A The section of the achieve "Of course'you ,bave to standable." them. students read above class d ment tests admiistered in May realize that the:national norms This and other data the In Grade 3,for instance, the level, seven,at]even'and 50 1 s 1 1 �'to students in Grades 1-9 date from 1984," Regan said. testa, are being asse led following numbers of students below level. Of this 50, only s ' a <(Grade 8 student&took the test ,The norms will be changed "hopefully in time for the fell into the 7.4 to 7.7 (mid nine read below third grade " last Fall and were not counted this Fail when new tests come August meeting" Regan id, seventh-grade) reading levels: level: In the following statistics) out.,, which takes place Aug. 2 Bancroft—3; Doherty —2; At Shawsheen, average found students in all grades "Meanwhile," he `.'We're trying to get er Sanborn; - 1; South - 2; reading level- fell at 4.3. . covering a wide range of grade- emphasized, "new learning' data from '71, '72, and so Shawsheen—1;and West—3. Twenty-three students read T O • • • A ■w�O R equivalency scores. materials have come out, see how the children '. a At Bancroft, the average above level two at level and 26 "This is further evidence of learning methods have going," Regan said,'a ng- reading level was 4.7, with 39 below class level. Of this 26, Individual differences in changed. What we're doing on "We're not discouriged'(wlch students fall above that level, only one .reads below third learing,"explained Asst.Supt. this', test is comparing the the test results).As a matter of it failing at level,and 36 falling grade level.. Edward A. Regan. children of today with the fact, we're rather Pl below school level.But,only 19 Two second graders read at The paragraph meaning sub- children of nine yours ago." He pointed outthatone coni- students fell below the national seventh grade level and 30 . • test was used by Regan to The one school that fell into parison, in math, will be made level (3.9)• fourth graders read at ninth demonstrate to the school eom- the national norm for Grade 3, . between 1972 when the In At West the average reading grade level. /� 1�� MORE A' mittee how the test re3ults West Elementary School, did dividualiied Mathematics level matched the national AND iYIORE ON compared to national norms. . so for a specific reason that ad- Study (IMS) progr -n'had not ':norm at 3.9.Forty students fell Statistics also show, , . . . de all a(6 And r been instituted and 1 11 when it ' graders however-__that bice. fifth . tl+atievg i2 at level aha , - rttudebta: sc1�p k` „sdtfCitit h {O' below leve:`Ctr _mat 59, graders read at to a first-early MANY, A Y a¢•, - second grade level and four MAN ■ ITEMS grade paints (the equivalent of Regan said. �l was pre-IMS,"he said, however,only 26 were reading ninth graders read at fourth O two motithsI above the national "West utilizes the linguistics "and we had problems theb, below third grade level. 1 norm.. ` approach 'to -readng," said too." At,Doherty, the average grade level. Extracted from the test Regan, "in'which the child The wide range of scor' at reading level was 4.3, four "There isn't a great range of ti SUNDAYS scores was a eompartsdu of the .learns.to read,at his own pace, each grade level demonst s, points above the national norm. .meaning• in school-to-school 0 third grades to Aridovo's' six but rather slowly at first." Regan said "that we ha to Thirty-two students fell above comparisons," Regan noted; have individualized` tea 'g level, 14 at level and 50 below "Wit the range of differences • 1 • programs. It is iinposslb :to level. Only 30 of these 50 were do point up the need for in- No 1> s talk n g educate the children if we a below the national norm. dividualized programs." am. �+ 1 • ` On : tru ter tial NORTH ANDOVER N ANDOVER > l•Itzgerald laiiQ at..his expense. Here A A Few Examples. . . 110 for eaistruction of a 3,0QQ sq. The 00,000 appropriated by i it. truck termina'I ,and this year's annual town • • warehouse in Lowellnnn meeting for.water and sewer F1reWOS flrYn 'tills W are' {THOUSANDS MORE;ToOI, remain bogged dowp in i dries 'extensions to the area would of"no comments"this week. come up to Fitzgerald's • • # RodSmith,.Vke-presidentof propertylfle. oshelf: chief an.ae ,/" t Cressey Dockham 3c Co., Inc.,. In lieu of betterments, ex- f rem lnlng owners of the RIGA (Inde pen- plained Austin, "there would and dent Grocers Association) be .payments of 100 per cent NORTH ANDOVER— u- at the field earlier this week by parently overlooked,he said. zr chain of grocery stores refused reimbursement on the water ty Fire Chief Stewart P.Wi n ,Edward C.Garvey of 51 Parker Wilson added that he is Champion comment other .than' to say lines and!2/3 on the sewer." said yesterday he is satis ed St. satisfied LaFreniere was un- "we're proceeding with all.the Both lines would serve not the New Hampshire firew The black, cylindrical ex aware more than one shell had Skirt and confidence in the world." only Cressey, Dockham's 40-' exhibitor who presented N plosive was apparently left misfired. The fireworks ex- Dress Cressey, Dockham & Co. acre site, but several hundred Andover's Fourth of J ly over from the show presented hibitor said Tuesday the second .Spark PIUQc 4cl2p%CQ . . below—leve. MANY MANY ITEMS red second ode level and four O MANY, grade points(the equivalent of Regan;said. `-'—"x••'71 w"pre-IMS,"he said, ever, only 26 were reading ninth graders read at fourth i i two months)above the national "West utilizes the linguistics "and we had problems then, below third grade level. grade level. norm. approach to reading," said too•" At Doherty, the average Extracted from the test Regan, "in which the child The wide range of scoringat reading level was 4.3, four "There isn't a great range of OPEN t , , scores was a comparison of the learns to read at his own pace, each grade level demons tr s, points above the national norm. meaning in school-to-school O third grades in Andover's six but rather slowly at first." Regan said "that we ha to Thirty-two students fell above comparisons," Regan noted, YS • have individualized 1 g level, 14 at level and 50 below "but the range of differences 1) programs. It is impossibi to level. Only 30 of these 50 were do g N y� r� j Y point up the need for in- : a -5 � No one S talking educate the children if we ve below the national norm. dividualized programs. on truck terminal NORTH ANDOVER ANDOVER — Negotiations Fitzgerald land at his expense. ; nof aes+ by Here A As Few Examples . . . ft. truck terminal and this year's annual town • warehouse to Lowell Junction meetingfor water and sewer c yy� unaware, ' £F= (THOUSANDS MORE,T00.) remain bogged down in a series extensins to the area would F 1 re w o. k S f i r l<>j 4i n-a w a r e - t of "no comments" this week. come up to Fitzgerald's • • • .,. .•� Rod Smith, vice-president of property line. • � � $ P P Pe Y of rem ening shell, chi f Creasey Dockham &Co., Inc., "Ialieu of betterments,"ex- owners of the IGA (Indepen- plained Austin, "there would r � � ! dent Grocers Association) ' be .payments of 100 per cent NORTH ANDOVER— at the field earlier this week by parently overlooked, he said ' and i chain of grocery stores refused reimbursement on the water ty Fire Chief Stewart P.Wi on _Edward C.Garvey of 51 Parker Wilson added that he is C < comment offer than, to say lines and 2/S on'the sewer." said yesterday he is sate ed St, satisfied LaFreniere was un- Cha/1' pto 'we're proceeding witb all the Both lines-Would serve.tot the New Hampshire fir ew ks The black, cylindrical ex aware more than one shell had50 Skirt and confidence in the world." only Creasey, Dockham's 90 exhibitor who presented N plosive was apparently left misfired. The fireworks ex- a Cressey, Dockham & Co. acre site, but several hundred Andover's Fourth of J ly' over from the show presented hibitor said Tuesday the,second a C Dress z' recently Purchased 40 acres,of more acres proposed for Spark � � Your Choice ' P P pyrotechnics was unaware a by Francis L. :LaFrenerc, shell was probably fired:during � Llan Hangers � - choice land in the LowellJune development by Willand had left behind an One xpl' president of Monadnock the grand finale when 40 H 9 flan Industrial area from Associates. , aerial shell on the high sch [ Display`Fireworks; Inc. of reports made it difficult' to r S Willand Associates,developers" A spokesman for IGA who field. Jaffrey, N.H. determine whether any one Ladles Bra, , of several'hundred acres in the preferred to remain uniden- But Wilson said he,will a LaFreniere's claim that he shell had failed to explode. Boys Slacks t vicinity, for an undisclosed titled told the Eagle Tribune selectmen to require gros had searched by flashlight for The incident should prompt ep, . r L sum. that the water and,sewer exten- sponsoring future displays o misfires following the show closer inspection of the site of GII'IS Sf101'tS 10 Meanwhile, Nicholas H. sion "problems" are "one of police the area thoroughly time was confirmed by one witness, fireworks displays rather than �• Fitzgerald; a principal to file the reasons we're holding off" day after the show. according to Wilson. a complete ban - o n Girls' POO Shirts Willand development firm and on any announcement of A 3yz inch high, 2% inih One unexploded shell was pyrotechnics, Wilson con- owner r of much of the land sur- definite plans. diameter shell was discove found, but another was a eluded. rounding the proposed IGA The same spokesman also red T� Girls Summer site, also refused to 'say said that IGA plans "100 per " Hanson anything other than"Yes the cent ex why - Pajamas „M yth'ng y expansion"which is" Pa merit withheld from 2 firm's Bath Y . srain�egs steer (Creasey,Dockham)have title we nought 40 acres." ,7 to the land" Once developed, the IGA- The town has been Cressey, Dockham site will NORTHANDOVER-"The new high school. Co.,holds acontractfortables. C�+ p Rlfnmed negotiating with Fitzgerald provide the town with some Only thing these people under- ' Garofoli said that Sturdy Garofoli said he hasn't seen Scales Ladies x since the March town meeting $200,000 in annual tax stand I'm afraid is money`;": Steel Products Corp. and the either contractor at the con- $at11111 StJltS Enamel to install water and sewer lines payments,according to figures remarked School Supt, Peter Wolkins Co. "have not come in, struction site for several g servicing the site. from Austin's office. In ad- V. Garofoli as' he asked to Complete the job as out- weeks, and suggested the O I tionally'Advertised ' 'N_ '.'We advised Nicholas, dition,the 75 or so trucks to run North Andover School S lined.' withholding of payments in the PO< Cookware Fitzgerald and Cressey, from the proposed terminal at Committee` to vrithho d Sturay Steel was awarded a hopes of luring them back to PPY Dockham of the selectmen's Lowe[l Junction wlll provide payments for two companies contract to furbish lockers for complete their jobs in time for Dun@'Deck 1 qt. Open Saute Pan decision," Town Manager 4. the town with additional holding contracts on the towifs' the new school. The Wolkins the opening of school in � Surf Togs 2'Ye qt. Covered Sauce Pan Maynard Austin sa-id; "and revenue in the form of excise ! September. we've heard nothing from taxes. • Yatue5 r0$36.00 Reg. $6.95 eitherOne iOf wriimf meet Chance of Mideast talks , s After a series of meetings .7 t $, w Fitzgerald, 'seltuCle►i S with ge selectmen • • 4 decided to r"*st Willand named to seen as slim b diploma 91 Associates to extend water and 1 sewer lines through the g COtl2riLLtt6B UNITED NATIONS,, N.• longstanding invitation to, 1 (AP} DI Y Jarring tried to LEGAL NI l'C — P ad tiers walalieim';aunng the sean�t NORTH ANDOVER - The Y negotiations get' School Committee has named givingU.N. See retary il's debate test month on going with a oI memorandum of Feb.8,1971.It Kurt.WaWbeim a slim Cha Middla*ast and that,Israel All five .North An'daYer Rigi asked Egypt and Israel for pl �. students to the Sttident AT of Initiating Egyptian Tar Attd Jordan had agreed he simultaneous commitments, 0 • • visory Committee for the 1973- negottations:during a p should visit them.too. Egypt to enter into a peace ht Fixtures 74 school ear, trip to Egypt, Israet and - B1` mviriving himself in the Your ���e y agreement with Israel and the The five are. Miss Mary � search for Arab-Israeli peace, Israel to withdraw from all oc- r r A In : . ton Eiptaw Trombly,daughter of Atty.and One diplomat called it an 19aidheim was invading the cupied Egyptian territory. Girls Ore. — Mens Shirts M. „iNio urns Mrs. Charles 'Trombly, 32L pussibledream.Another sa 3t .territory of his special Egypt agreed, but Israel "si ,ate''was ��p�, OsgoodSt.;51nl s; aFond,.son was an open question if ate representative to the. Middle gYP g Ladles' Cotton lght Gowns aid C of Mr. and 'Mrs. Richard could make any progress. A East Swedish diplomat Gun_ turned nim down and since has A t�anefe4 of tji• om declined to.nolo any talks un- June , p I of Mefsachusefis on I,aFpnd, 321..Osgood St.; Miss third said there was some hoe "nar i Jarring. d dies" Ba DOl . 1 ht'Gowns 50% OFF' nth Fir Pre- Mary Beth Mayes, daughter of "but I'm not an optimist" N Openly Objected to der Jarring's auspices until he B Dr. A U.N. spokesman Wakihelm's action, although A diplomat remarked that, BO,YSr S tris our original low s op Y disavows the memorandum. th•T�n Court St.; Miss Joanne locate, ed Fridaythat Waldhdl some speculated it could lead r I Ftn}l,; outh max+ because Waldheim was not en- t118COVnt 1'IC@ ZN . •�t�n b� daughter of Mr. and Mrs. intends to make the iriP`� to Jarring to .resign. But some cumbered with such problems, Ladles Uses _ P � > r Fir•- Robert Licare, 912 assess lite Middle.East situs- diplomats said Waldheim has ,It would be less embarrassing Ladlesr 1CIrt5 ' a eemt° bwn erTc's�0 h6ssachuseits Ave.; and Miss tion and talk to government ,•a lot more hope„than Jarring �t RT R. Barbara Plante, daughter of leaders. for the Israelis to climb down a� T of getting Egypt and Israel into before him than it would be be- Rom E" Mr:and Mrs:James Plante,50. e T July t aA( isss, lenctest Drive. Diplomatic sources explain negotiations. ,- fore Jarring." n. 1;, — , . ed tot Egypt had renewed a. Amon his i6nous 'efforts. ' a, LAWRENCE EAG LE-TR I BUN E,Lawrence,Mass.—Saturday,July 21,1973 7 Register . Bible stud - for picnic : "MfDDLETON —Allpersons - � plaquing to attend the annual ' •-� �� ' - is • !/. l� fun Mansfield Fund Piente must register with Miss Jean McGEORGETOWN—That Bible study can be a lot of Sheely to Memorial Hall, neat week, or the week after, `� fun has been demonstrated during the past two weeks sires ve daily except Wednesday from 9 E � � e 250 children. ranging from 3Y2 to 15 a m. until 4. ,; " flocked to Vacation Bible School weekday mornings The picnic has new been ' _ at the First Baptist Church here. definitely scheduled for Mon-. Parents and friends of the 350 students and staff who t p day,Aug. 6, at V4haLom'Park, took art have been a'ked to a closing program at w Lunenberg, Recreation _ a: x r' p.m. Frida 6:30 . �a. The Reverends Bernard L. Hughes and Russell E. Chairman JolietDeasy has an nounced. It,.is open to all Lethbridge Jr„ pastors of the church, have in- residents at°ho`cost foreither ;� terwoven this year's theme,"One Wap With Jesus," transportation or rides. into each day's,p m. Tlie Recreation Committee,- �� � - n a typical morning,children could be seenjoinin which had to cancel its meeting i "� ' in spirited group singing,working with arts and crafts due to lade of quorum Mommy" projects suited to their ages;listening to missionary sight,will probably meet early and Bible stories and taking time for prayer and next week to finalize picnic ���' - J refreshments., �z - , 1 � Charm Class—Mrs.Gail Latusky helps while (from left) Cheryl Aluquist, plans, Deasy said: : kir ries ; Anew program for the youth department,grades 7-- plans, Cynthia Falso[n and Jennifer Gailmain practice manicur>ng Skills. p 9,attracted unusually high interest for this age group ` ' �3i i ,�,,, by offering each student his choice bf a Christian, , ♦ ? " `„tq � charm course, a simple auto mechanic course or . Official s crafts. "A'ccepting Chris s Challenge”spas the youth j,� ]_ cr t 1J114e trip ' R thIn the charm course, girls learned how to make themselves attractive outwardly, according to • ; lgl,. , ;j Int; teacher Mrs. Gail Latusky,but equal stress was hid Yr filrxi3hed ail �, on 'the / `spiritual growth„ necessary to inward tti 1„ 1. �4 r: ,r 1� S,feJ , GwLOUCESTER, Mass fAP)' ���,' [,aiVYtw }4�.` beauty. Washington. tate Atty Cen � Also new this year was a special class for trainable Slate Gorton and his family at- + retarded children taught by a qualified teacher, Charles Eksoozian, with the help of teenagers Faith rived Friday at his family Dodge and Betty Woodman.Three boys who attended home after a 49-day cross-coon- the class at the American Legion}tome were given try trip— on Gorton had bre ccles. plana- Play.prayer,songs and crafts suited to their abilities. "Following My Guide," the theme for the junior ed to finish at his alma mater, „ y Dartmouth College in Hanover, the hilt with grades faun five and six,was carried to re the hilt with a real mountain climb. Students were N.H., but decided to ptlsh on teaming:how an,inexperienced climber needs an ex the rest of the,way to Glouces- perienced guide_ Younger groups were just as involved at their own t A'family spokesman said the' levels. The primary students grades one through. . 3 ansa. and three,studied"Growing and;Doing for Jesus."Study group arrived'at turned to early 3 . a good^ theme for the kindergarten departments,children 0z + O The. night's steep. Lord and younger studied"through kindergarten was d ,g;t6PleaslWonderful The trip,bejlan June i9 tot- n So of God." ympia, Wash., fox Gorton, his. wife Saliy,'aud chlldt�elt Todd, : Story and'photos by Ruth 14; Sarah, 13, lull�Becky, It. Billy i3nrke, 4, likes Cutouts: Plaque pain tirrp Becky Hilghes (left)'and Diane Guilmain. Kern The only.-dii time was,^ when he was III by a car-in Erie, Pill and had to bane 40 stitches ih alegcut Ile tented ' :? p �+ BOXFORD a car for"a t[me to rid¢fishuid' Cluster zoning g t a 1 s thg rest of the fidnily.stilt on O a rd t 0 O p V n bikes. - - Gasticltermed the trip "a , ids ' Selectmen to award fantastic!earning experience." insurance b top meetir�.g agenda , GEORGETOWN ment commission and the coun- o T,�G L NUTICES - ca on aging. fire truck contract Selectmen are expected to NORTH READING—A the zoning back re work on reports on the Thursday the parks and ruusoueo n town insurance to con- full round of municipal, quirements for' 'de yards. Master Pian, and land use TawN of OMM ntroovse off' recreation commission will P, petitive bidding Monday on meet at either the town office meetings are scheduled Both heart will be a9 welt as subdivision BOXFORD — selectmen, anticipated is correspondence. benefit two Oaklahoma Indian receipt of specifications due for next,week beginning held in the bas t hear- work. following consultation with = With the exception of boys. for Insurance Broker of Record or the civil defense shelter at Monday when a' public m room at thail. i selectmen`anJ.assessors who The Little League All Stars American Legion park Y P g Fire Chief David McGarr,.salt H. Nelson Pingree. � hearing will be held.by the On Thursday Selectmen be awarding a eontncct fora meet Tuesday,7-10 p.m.,there- begin play Monday.in a league - s The conservation commis- appeals board on the first Both. the Immunity will hold their first new four-wheel drive pumper are no,other municipal composed of teams from Top. ' u+rr« ..The -schedule. for. the sionhascanceleditsThursday Pl,rator davnlnnmant Planning meeting on goals. The �... -sus::• Crlrcrmen's meetine at 7 o.m. _... ;,...,,., .ha,.,,.� tu,.nd,.o v,an meettlll;s-next week.The town sfteld', West Newbury, of rum lYivu.,o, due to lack mho Charm Giass—mrs.`X"s"•.» - practice manicu sit?; night,will probably meet early by offering each stx3 , is finalize picnic Cynthia Falsom and Jennifer Guilmam p charm eon ,,may a the You next week to "'` dans, Deasy said: � s � ' `�= crafts•."A�ePtmg rix ' Challenge"rfvas t s - ` �y �e „ ,,^�s theme. - how to make _ In the charm course, girls -learn ',s �- ,�,. themselves attractive outwardly)strew (1f 0* 1. �i ''y E. t,� teacher Mrs. Gail Latusky,but ettua ass ivas laid growth!' necessary to inward on the "spiritual gr bikep �4 beauty. new his Year was a special class for trainable tri , ht by a qualified teacher, I� h'''' retarded children tang cis Faith iriitShec . t �i��i Charles Eksoozhan, with the h6lp of teenagers � a a an.Three boys GLOUCESTER Masa (AP) Dodge and Betty Woodman. Y the class at the American Legion home were given QVashington State Atty-Gen- prayer,songs and crafts suited to thew abilities: the State Gorton and his family aP= Play,P Y.- the theme forjunior "Fotlowuhg My Guide, rived Friday at his family department grades four,five and six was carried to �F r + cross coon Stud ne sa were the hilt with a,reiT m elin►b home after a 49-day E nenced climber needs an ex- try trip — on bicycles. learning how an inexlie Tann ?_ � � �� perieneed guide Gorton had originally p Younger groups were lust as involved at their own " cedes one through ed to finish at his alma mater, ��� threes The studied"Grow►students D gr primary for Jesus."Study Dartmouth College in Hanover, •ng and Doing N.H., but decided to push on nts,children 4'h he rest t the way to Giouces- theme for thekindergarten dtipaen in to Please The through kindergarten, was "Wanting Wonderful er tots studied "Jesus, t41' Lord," and younger A'fam'.1 spokesman S id thea Son of Gvd." group arrived.at 3 p 'photos by,Ruth turned in Ba ty,fqF a good story ;ind' Kern night's ilei p n ,tune in.01 Hughes (left) and Diane Guilmain. The tihp,>> ainting Becky ympia, Wash., for Gorton, plaque'p wife Sant`e^and children Todd, likes Cutouts. vrA 14; Sarah,13,and)3ecky, lir Billy Burke, 4, BOXFQR� The only difficult time was when be was lift by a' car in t a l S Erie, Pa. and. had to have 40 • ter zooming seethes in adeg cut.He rented ,, _ L+ award, too e11 Clu Selectmen to a car fora time to ride behind Board - the rest of the fahiily-still on y� d a b Gorton termed the trip :.ay ee bids to meeting g e truth. contract fantastic learning experience' 7 nsur'a,11 on the fire 1 mint commission and the coon- the zoning set back re work oa reports benefit two Oaklahoma Indian "n NORTH READING—A Master Plan,and rand use _ Selectmen, anticipated e, correspondence• -- = GEORGETOWNcd on agi $ and municipal quirements for side yards. a9 .well as subdivision gp%FORD With the''exception of boys, Little 'All Stars AL NOTICES Selectmen are expected to Thursday- the parks full round of m p l Both hearings will be work. following consultation with selectmen and assessors, who Monday in a league I,E(i there begin plop open town insurance to com- recreation commission will meetings are schedule held in the ba int hear- _ - Fire Chief David McGarr;will meet Tuesday 7-10 P.m., sed of teams`from Top - commission 've bidding Monday on meet at either the town office for neat:week beginning :hall. a contract for a TO �NprTN/,NitpVEa petltl due shelter at public ing room at to hall- On Thursday Selectmen be:awarding are. no athe'r municipal Campo ,rest "Newhury; ruissAtHusSrs receipt of specifications or the civil defense Monday when a p new four-wheel drive pumper meetings Hilt eek lite town sfieid, Insurance an rk will be will hold their first Iaverhli, Geor•geto,wt�', " for In American Legl Qa hearing Both the bmmunety Dale. The meet Monday 7:30 GrovelaiidaAmesbnry,l - PiWee- The conservation commis a eats board on the first piamm�g fission clic meeting on g receiving when they, still a H. Nelsoningr le for the cited its PP iter development s been rete g p.m. : . .. iers nontt teibiit dm n tax rate• - • The schedule shun has can cluster the Finance Committee board has neat` hats, °it' Most other town board's are 'foul wits het er Morse awssr� meetin at 7 P.M. :and .well. not meet on Wednes- - departitie Bids'. from toter"'sup.P tion,and. 40Y at 6 at the Gardner - i ,• Selectmen's g meeting proposal far North are set tom goals, major tissues and were opened last Monday now on summer vada cies of, office also includes,;,. until Aug.'9, ' g; ll fieM and will be the gu at the"town again day evening. problems over the Past night. The new•.engine wf the School' Committee has Georgetown Fi�day night• ° a conflict of.interest ruling on The Georgetown and Ipswich The 4.p-m.-hearing expected replace a 1946 engine now. tete it mitten p cancelled its Thursday Georgetown softball team will July ta,197S lalling quare member"John C VFW posts"wdl-ba been requested byKehneth Finance two weeks,and is meeting•It will hot meet age May at lice pof- iven that the P i� Qin panto* Lang of Decca set t8:30p.m. to use this input in es Located m the West Boxford in also play Notice is here` decision rots a softball gamete,l2 wool re and Laing members, it a expected to use goals of their station. until August 9. pianni noire o r�o�9 ver .ltajer`s* r�uest for pe tomorrow at the B for a proposal said to in- in town ha view of The town app P 1 If hot weather continues,the ford Pond field and again ro Hated E2 ,' g will-b'91pA a. Goo take down a^hill m his' .atMetic field, t4 benefit the elude some 70 housing un- to continue own for the town-as well as against nit F � t`L using federal surplus liveliest place in town Bnex Geer DMorse 6 p r. at 'p;il1:at'the !p d :�to on Main Street 'has been P°• Opo for the new fire engine in m �lum back ardor ,.1Wbert Hardy Fund bonorin its on 100, acres of land town bcaBce ring this aitesat meetingawili t>ecleetd March, leg week willundoubtsdly The 'American Legion liAtdete a0) 'AiOAaa"de�rttesinie ba Y Ute late,Rowley`po south of Marblehead St: their p N 101 tib of n •ape unanaouneed ;police lice deice$. m, in the revenue funds:The new engine m.Poad.BAA spansared d: �cep ! sa4- nal attiactons:ate Prunus The hearing is expected IS month fisc y a t 0 P• men not rte delivered Pa Iessaies willRed baseball team winds up its "l %-, business- " -competition between will selectmen's office, will.probably Cress swimming season this week with a game i1►ANttiN oval At 7:30 R•n►., -tom board wilC edof r the to draw much interest, Fin Comm hall: until the spring of next yeas' from noon reyuestmq WOV truck and or over. continue ntwrnings Tuesday at Masconomet vision pursub . open bids Dna dump member#'So m• senior P a r t i c ti l a rl y from - also discuss amended The selectrien have loo ad^ unt17 p.m-The Gari?►e L.Brad .against Lynn; add a me as 4 G L.c•at.sect.. rt ow attnchnnent to be ports- Ttiesd'ay at t0 a, the five l this "yrevi ._ re is a pl rd`the bas at residents In cherry sheet is TgeBoardofHetilthwilt vance agenda for the test n ford Guild will be gelling Thursday 9 public hearing Monday Cbah:aw lunaiies of hotdogs 'and soft th y at North An ver, '" can yob av �It ed for thpjdad dePartMen - citizens twirl °$ l fora Marblehead areas week listn s meeting. P.M.SNites' fequiats•�r e1' ard PPea� the mon pa Parking said attics and Thustiay to both at 6 'Pttarnti JULThe ' entranee .to the-Proposed 1eceived from " estate for also hold a pu, Before Carlyle W•'l'il�ina3 . &inks Tuesday ppB, ision-oi the will hold two pu, at trip development will come on Thursdag° ' a n r r' blit roEf e down the a will visit reimbursements. the board well be a time the only outer business k rt.There they from that street. PiePo royal ci gtte and 4►i+rhe Paper House, s� Under the new zoning The new she8t:will give sal for sitE apP Tr�tsCF,E v 7.30 P.M.P. .Tuesda3' Roc Po F V!< .7 A, i of to lf. dice on petitions from Russell C• lunch. The for : ars an additional and sM tillr't"�� IY . and-have bylaws both a hearing taxpayers of an incinerator at tie fro tae•ex u1• Rutherford and John F. return about 4 .p.m. Reser special permit for cluster- $164,000 lie the: areas of Riverdale Animal ariIM, WaveflRoad Rohner. . aid and- $ospit it 238 Park"St- A - - ctierCenieiery Rutherford wants a variance vationsmay be made by call ng development and the ac- regional school of the i in North Andover boundedand de- - regular meeting scr. esfollows, rations of an arts cad... Mrs. -.Dorothy Jackson, tual'site plan are heard at school transpoi aeon and _ ���. init et the Northaaaeriy for Opera at the ahaimian of the council on the same time, unlike is expected to result rn a tj2 board well be held follow 1 a n • nt�orr of fhe.premil4s of the 15nd crafts school and shop ..:.aging, 88 Central St. -prior procedures which. . to this o f due f r p l 11 ' - H614n f.Roach and the sideline a Hall on Pleasant Street cut in the tax°ra h the hearing- D Q 9f �r to�i ISE;,inen 5 tr i a the central residential dis- All auxiliary members p year. arty s2s-. .d;tat a".be 0.95 Wood' are inuitW to a Christmas Fair . saw file board reviewing ter side tennis � from 7:30 stone 1wu9 southerly snob .trio' r a m.Wednesday site Plans for the Co The finance committee On the ligli TOPSF IELD — The only in Church in Topsfield Wednesday "tared;" thence..ao a stone butene;. Romer._has applied for workshop P St:area andapartinentsat stimated that - lessens will continue this tg8;L5.p.m.Theaduitnhusieband meets at e w; 0 a xtt o & s,r-3s-ooa, mit, under a new at lite home of the president, had a eats sub- week_ at the junior high board to meet fads week is the Long Rare Mascoieomet the sums evening, at 730 thensa s a stone bound; thence :special permit, voted last n Tuney,513 North St. separate site Plan original cherry sh a I courts daily;as will di Committee. bead of the 105.22 n ming provision Mrs.Joa y hearings. mitted in May,meant - schoo School Planning and Buil m, Wayne Killian, set $ue-"F_,3+6.31i+Tby a to build a multi- a Little I eague All Stars, ori cluster hearing will m playground activities at Mascexioiiiet nu c dePar int, di It is expected Lha& arcbitect Carl P• directs thence n tit:to. month, loss of some X3301100 playgrounds, and rt ami progress made 1A stone wan s Ce We 582-21- biritding shopping center on the who captured their league be preceded by a 7:30 p.m• state money thlt year. localNickerson will repo a point> u1e this week, win take p swimming lessons at Mar- ble windows'as well as fli mer program of the.Topsfield Etc- tit. w a Pst64ftetoe Bulini` Furniture Co. lot hearing for William Planning Cq)iimission :obtai4ing accep with a story .,�.�tvsa*J osaow e: _ . st�;o street: trnrnament with other North `..,carr. 46 Abbott Rd. re __ ti o,rti will' continue ' tin's Pond beach. quoting the cosi ofathe wardrobe ce town library begins Tuesday w ,n t� to-a5 a.m. Weather __- a. _.____._. r..... ...:....us ups . m� crca,u _ --- req -:..ave a softball goals; ma Bids from four suppliers trounce o. avern}t[; e o - SA&a"asp.at the North Ana a tO°[en's dest frn permis- game, 2 p,m, beeniequestedbyKenneth jot issues and PP n a tax rate. Groveland Middle school Auditorium told Sion to take down a-hill in his tomorrow' at the high ,school Lang of Descare-and Lan Finance committee problems over -the past Were opened- last -Monday - Most other town and Amesbury,Box- li[ h School),will all parries inter, back yard on west Main.Street athletic field, to benefit the for proposal p, .two weeks,and is expected. `night: The new engine will now od summer - boards are ford'Will host Amesbury.Mon-:. qsedtn thea ucation of ROMAN p poral aid t0 to members,set for 8:30 m. re lace a .1946 engine now the Scho r vacation, and day at 6 at the Gardner Morse CAtfNftiC JUICPPNttaNpp pF and unannounced police Robert. Hardy Fund honorin- elude-some 70 housing an- in town hall,are expected to use this input in es- P B of Committee has field and a will be th Tait PLANNING OFFICE FGR.Ut- business. - -the late Howley to continue their review of tablishing goals of :their located in the West Boxford cancelled its Thursday Georgetown the guests of AFFAIRS,requesting approval .S ectal a y police etuetg its. on 100 acres of land: town budgets as has been own for the town as well as- station. meetin . It will n y getown Friday night; as a subdivision pursuant to the At 9:30 p.m:, the board will p attractions are promis- south of Marblehead St. g of meet again The girls softball team will - ro under s of G:t,,c.41,section et- open bids on a dump truck and ed for the Competition between The hearingis ex them practice during this a ss rt on. board policies.. 004 a town.appropriated $21,- until August 9. also la Provisions under the reqvire encs of the plow attachment to be members 30 or over. to draw mch interest, month fiscal year.." t meeting will be held for the new fire engine in If hot weather continuesP y Monday at the Spof- thelubdivi caniroi taw and the porches- , the ford Pond .Field and a rules and regulations governing ed for the.road department. Tuesday at 10 a.m. senior particularly from Fin Com members at 8 p.m. in the March, using federal surplus liveliest place in town hex a gain boa din tjtes[on of fethe North Ando- Ttie caning board of appeals citizens will Hoard the bus at residents in the '. also disco will selectmen's office, .town . . revenue funds. The new engine �Teek will undoub t against Danvers Friday at. ver, the following described'par- will hold two public hearings at the municipal parking lot fora Marblehead area since the cher ss the amended hall. will probably not be delivered pate Pond.BAA:telly be Bald- Gardner Morse,6 p.m. celAoflrce bounded landasfonows: 7:30 p.m.Tues trip down the coast ,to entrance tb the proposed cherry sheet received this _ -until the spring of next ear: . Cross swimming ponsored Red The American Legion Parcel of land-co of a on - y,town office, Hock o p posed . week listing monies to be _ The selectmen have n C mming lessons will baseball team winds u .i lar er and smaller agm eni alis patikioas from"'13ussea C. Rockport There they will visit development will The Board of Health will o ad. continue mornings from noon season upis cengt to the extstin Naiy sepal_ Rutherford and John F. the Pa House, come received from thestate for also bold a Public heart Vance agenda for the test of until The this week with a game IflrNO Cher eBmetery and averly Road ton( shops. from-that street. reimbursements. lig Monde Carrie L•Brad- Tuesday at Masconomet ' scribed-asn llowsbetnded ariil da- Rohner. _. olid-have luneh: -The him will_.. Under the new zoning.. . on,Thursday-fright Before Monday's meeting. l:hairmm ford Guild-will.-b - - .�. _ ; scribed at the - Rutherford wants a variance return about. 4 p.m'. Reser- bylaws The new Ghee ;w' the' board will. Carlyle W..Thomas said:at this: lunches- of ling against Lynn; add a game coBiof�tf9eat the Nortlreastarly for o vations:ma hearing for a sheet:will glue be .a time the only other h°td°Bs Wand. soft Thursday at North An ` premises at the land operations of an arts and Y be made by calling s ectal tax a ers an ardditional Proposal for site a Y business drinks Tuesda and Thu lover, of Helen:C.Roachand me sideline crafts school and shop at the.. Mrs. Dorothy Jackson, development and acre- p y approval - - Y slay to both at 6p.m. -. - - Of New Woodlane;.thence South- $164,000 in the areas of of an incinerator at file stone bound at larta, 200.55.ft. toa Grange Hall onPleasantStreet chairman of the council ole . �tualsiteplanareheardat- regional school:..aid and - Riverdale Animal stone bound ata bend in wood- in the central residential dis- aging, 88 Central St: the same time, unlike school transportation and Hospital, 238 Park St: A T 4�wland thence southerly 's11-eo_ trice' A!1 VFW auxilia OPSRELD , r1o,a ft. to a stone bound; auxiliary members prior procedures which Is expected to result in a$2 regular in of the r ence southerly S17-38-oaE, Rohner has applied for a are invited to`a Christmas Fair saw the board reviewing cut in the tax'rate this board will be held follow- 105.22 ft:to a stone bound; thence special permit under a new workshop at 8 p.m. Wednesday site plans for the Concord, year. ing the hearing. Southerly s46-so-a6E,306.ai ft.to a zoning at the home of the Point; thence Westerly and.by a g provision voted last presidenk, ' St:area and apartments at p stoneWaus7oga-d0w,.264.7'ift. to month, to build a multi- Mrs.4 tTuney,513NorthSt: separate Site, The finance committee � Report a int;. thence Wester[y see-21- buildin The Lite; h P te, plan had estimated that the fighter side termis RL oft �,u4b & planners 00w°'30.41 ft.to a"at; thence buildingshopping center on the `League All Stars earin lessons will continue this 1.d�1I1 e'r Wester)y sea-os•00w,202.64 fr.to a Rohner Furniture Co. lot oo who captured their loague title The cluster hearing will original cherry sheets sub week at the junior Point; .hence0 westerly sathts= West Main Street. this week, will fake part !n a - be preceded b a Ting tted in May,meant-a 1 high TOPSFIRLD The Onlymunicipal Pow, 23b.a9:tt. to a point; thence y 7.30 p,m. loss of some $rY30 000' in school courts daily,as will board to meet this week,is Pal Church !n Topsfield WcialRaa#eii Westerly 589-31-1OW,25a.7d tt.toa Wednesday, meetings are �qurnament with other North- .herring for William ,ts the Long C -- Yfrom 7;30 int; t(lance Westerly she a7- scheduled at 7:30 Shore All Star teams be inni state mone PhtYground activities at School Planning and Build 8:15 P.m.The adult music band Jpa°w, 209.14 ft. ro a oink thence P•m. townof- y this:year• local nd meets at wester)y sag-30 p fices next week. g Tfyder> Abbott Rd. fe Planning Commission: Building Cotninittee.` Masconomet the same evening, at i S.a 196.67ff.toe - >bythelnHustrla�develOp- playgrounds, and .It is expected that architect Carl p:m: Wayne 7'30. otnt; .thence Westerly t d1- questing a variance from member§ will:continue swimmingaessons at Mar Nickerson will report Progress made in Y Killian, head of the # C, 158.12 tt, ro a point;thence tin's Pond beach. obtaining acceptable windows as well as Masconomet music department, directs We;t; v Ace -I1 W, 15.91 tt:toe "the r m point; th8nce Norther) curving quoting the cert of the wardrobe g hP whoserl adlu the arc o a curve MIDDtE'rO . . r which-!s to be provided., `Sjtace The Summer ro m of the..Topsfield i whose length Is'2866,77 ft And town library p gram whose tengih Is (6287 ft. ro a Theineetingisscheduledfor8p.m.Tues ary begins Tuesday with a story Point; thence Northerly Not-ao- day in the town:hall. 451n1, 104.72 ft.to Program from 10 to 10:45 a.m. Weather 6 point; r ence - Permitting,.it will be held on the lawn out -Easterly 584-49-1aE,4e1.a1 t�'to a Swimming lessons at Hvod's Pond con- side the ppooint; thence Easterly Neb-49. ' - tinuo-as welt as workshops offered by the children enteringehall• This Program is for 02Er 262.94 ft. to p�point; thence M a Point.oce Easter[ [ an ft.a ate' on to W it �,Y�e e t.l .Tri-Town CouncilonYouth and Family Ser- A grades' ldren e3. a po1M; ce Easterly and ft.by a x.11 . -t p , �TQ ygy� vices. The counclWatiffice at ttie Maryknolt Puppet workshop for_rhildren entering prone wall Sab-04 32E, 114.53 g.to �p l� ♦• li 1 11 e n,t facility on Route 1 can be contacted for' _ grades 4,5 and s is sponsored.by the fibra a int; t�1,eeace Basten�yN89-4a m sial tett 46 251 29s.92at, ro a pry alM• thence M11tDLETON. — The:ques- in the open-meeting law. ,annual. all-town icnic 'm formation. g.Wednesday from-l0-to.11;30 a.m. Easters hence EEa,�s,'te ly, ft.to tion of whether The Tuesday the selectmen .,re pp aY Chief:item on the en B°y.Scout Troop ppint; yr en will sister ,with Miss can _ g da will final game of the sea The and A i11 meets Tuesday at . :a9E, 179.97 ft. toepo/nye• thence should-have a representative meet, 7:30day t e s l ctmenowi l register ><... be#ie nm of- ,mesterlyDN,97.d8.5pnE�'1p1231 ft- to town meeting,or continue with ll.: v m the-selectmen s to m �- g for video-- the Topsfleld and- Middleton is holding a ho P.m.at a.m. 30 p:m. at the Rolsma residence at I �; nbaeoe P g equipment, teams have a record of at the Topsfield fairgrounds to Washington St. confatning3.1.954aacresmoreor its taping form, Will'be The meeting will, mark office any Tomorrow at2:'. 4-1... which AMas�co teas. debated, ag the"dt ad¢ e;ori,reee24tt lrf feaicepf- VWednesdagl frau, at Top Tuesda: night children under.:12 are admitted nomet guidance counselor will cog ' attfto•-N.ortiiwesteriy:., C .this 'ouy,.:.. theG`laartdr p: iron¢°For.thepostivti'of attrl.unttt4p._m.. .... .. �t `Enersor. d, Y g t the Chess Club tied free. be W school Thur 11 the Lit- will meet in the Town Libra. Come As You Are family church ser- Rea slay from 9 a.m.to 1 p.m; �a rvt of . Qin., ar ie The`ids ire Chief Yesterda Tbe Sch tle League Ali S will coin- :an tY vice !s-offered idents are asked to sre h sessions at 8 m, in the home selec Y ook Committee d Wednesday at a.m. the at the C9ngregationai ihtnie is make Prior ap- 's"ltleunE lane and the linen were still In receipt meet Thursday at 7:30 _Willll, Pete for the a in. the- ,library will hostanoth -' � q . land of hfeien c. Roach said int o€ Lionel Barrows, 4 Gre P Masconomet r" her m the Lodge beino1 Nali35oE, u•51 N, rr°oin .St. g°13 of but one application from the Howe-Manning School. Mas no nd-robin series of children's story hours. 'Lod e f the Hortheasteriy•.eorner of me Deputy Chief George Nash. Year. tering the We at 7:30 the third g b�Cl� terser segment of me Mises; The Commiss has been on . Uteric!-ESSteriy Ma at,16>, a two-Week " In-.other`'husiness selectmen ,' - rogramintlie "As you Likeemarlc'll :. i. tt. to a nh rlie�southeply ation'" during will hold a pole hearing involy- at-� f at�ult serieWhy 592-dt-sa °li 15.3 ft. to a int. Which m rs have been a i 1 k t�h a at the library' BOSTON'{AP) try- ing utilities on River Street and e Pay Mone -thence Northe((IY. N2&l aw, ing t igest information will deal with ".Yankee United Nations — ��or ' 170.67ft.rotnePiiintat,beginning, open..bids on pipe to.. - • '., Painters.". Art!bassador Said Parcel contalrling 6,761 hq. rec ed in 70 inierviews`with serve the new Autoroll plant. a Henry Caboi Lodge fayors a leer more or less. officials this s �+0 D 0 ri a S' rl ei Thursday night the second Scholarship on, /^� Per Order of me Panni eons spring, and The recreation.committee is �S production m. the.Performing h<P-Program as a me-.. �K�1 ' Sunday"'? Wguam8epu Is, iso the reams of written expected to meet either Mon- FAERHAVEN,Mass.(AP) crew of l0 men' Arts Workshop mortal to James;Mi e E T—Juy21,n,1973chairma material provided by John daq or. Tuesday night, A speciallgbuiltdi ' ,i a fish ksh°p-series will be chael Cllr- - Dalton ving tanks g trawler for, to of the sed at 7.30 in the Howe- a s' me �orful I)etnociat he hfassachusetts Depart- depending on the availability of the key that a team Callfor- sinking 45 miles" Nan a nn i°g efeated for the Senate in 1936. rovmo[14om meet of Community Affairs ad- its members.Whichever night ;ma divers believe will enable Island,. auditorium• ? visor to charter "lZuinplestiltskin'' and an Lodge testified PO wtMtoorAnFMus gwice weekly gTmtPs• the meetingw!Hbeat7p.m.is them to reach the reputed $4 The 697-foot liner in ° 1�1 pujoei show. will be :a dial commission-eonsid DISCOUNT ' b.lyn.tsra sessions wilt the.old fawn hall, and the tniilion in cash"and vahlalliles feet a-, wa Presented both Thursday and eC1i1g,a suitable now �e cut back to one, agenda WH3 deal ma[n(y with on the ter J Y memorial to DEPT:-STORE �l�t6ou'ly Monday nights. fina� p[hno`- foe the Monday,, a sunken Knee Anthea affercollidingw' gtv�y aF in Fnday at 2 p,m," the.late former governor,c� seting will be August 6 Mansfield Fund ic- Dorsa. the lla&4" wsws home, it Will be A Don Rodocker and ship Stockholm. � Pe�[Is t Die. Chris Ito- lost their Bees. gressman and mayor. Hlllt)ALE AVE HAWERHII L ( 9i►.rt� ' open to the public as jirovided Those Planning to attend the luccl both of San Dego,were Rodocker and �... leve t°aay Sawn support cchi plat. • I.AFJ�IYETTE SQ. AT T q7 a PP° to ower eir 1 t di ' We re W S RT. tank into the ocean, nd live R 1 board tsFr t,y Ivan Mar rn. Street wee %xis .under- it for 10 days while cab rd of Appeals n glue a�pt P way forays rote the Why y not;take your fa ily OPEN SUN tlearirngy at�Hie Teem tltilding - arfh pifdot1 on �t�a�, aw D ' tM a6Nt tat,at Jay.t¢fM at TOPSFIELD -Half of the step. Rodocker, an clot.in - Out to eat? JIn thear, foals parNes'nterested' excess sand which has been sw p operation: roads ar'e of a in, so the ground has been ovas g 'said the pTNRRi�pi �AOS- spread over Topsfield's roads retie vena to d hof sand�vvlilch verb des" Ga „ divin tank will be ected to We f@BtUCB 1laiit , wfLtNws' Gamble added q y de foods. under will. he sept Up''bY today= should sit a week or so to'there's been a lot of construe- 11the trawler on t surface' .0 1 �"a" rya �' d see highway surveyor William harden " Gamble e8plain tion with heavy equipment IniritP alt water � tluildin �4 .1 Gamble said, and the sweeper ' Which Will permit o. 1 ro vin eepe lifter this has happened, the Ming From the Pm t to it. t ©l(//2e exltSj6c feIs darn. t52rownhouse will work ee the remaining gravel. pits cAh LARGEST units)acarado,r Vleaeeat g surplus can be removed. . ane DISCOUNT DEPT. STORE IN tiiayw,e srr to one y sand next week. going along Perkins Row Their target is an`axtbnated ShpWSheen PIaZp �,eed, Oilingand " and,Asbury Street out toward $l million cash anot�r$l mil Andover i>erorderofinesoaraafAppeals- me every roads .It's been a bad year," he Haamilton." lion in negotiable T MASS. OPEN°ON .SUNDAY WITH FratNcSerio,Jr. - Mould be done every two to commented. This road repair is done with jewelry. , and Sen.-Thurs.7 a.m;6 p.m. eftatrman three a " . ' --- E-T-July 14,211,114i r>.....>_ years,. .according to This Winter WP. had lit♦to .tom+.. __. - . aft trPA9uwhPv .. - q 8 LAWRENCE EAGLE-TRI BUNE,Lawrence,Mass.—Saturday,July 21,1973 Arlington Trust gets OICliiiiiiis r to. form holding company The Arlington Trust Company has receiv- — set up an industrial bank; ed federal permission to reorganize its cor " porate structure into the form of a bank operate loan and leasing companies; , holding company a move which allows it to t get into other bank related businesses. set up trusts without regular banking The new holding company, to be called business; Arltru Bancorporation, will "provide, greater flexibility in offering new or im- —conduct a limited insurance business, proved services which should serve to an option Murphy described as "not very a benefit the public," according to the ruling attractive," of the board of governors of the Federal Reserve Systema — and, get into the areas of data Arltru Bancoroporation, under the processing; ventue capital, and invest- federal order, will acquire 80 per cent or ment advising. ' w4 more of the wating shares of the Arlington "Our plans are not very clear yet," Trust Company.. The process u actually a legal and Murphy said. "After all we're Just getting in g technical paper shuffle in which a new started. But most banks have done things parent corporation (Arltru) issues stock closely related totheir regular banking .,.. and trades the new certificates for shares business: of the bank (Arlington Trust). In this way The federal Reserve governors ruled that the parent owns the bank and the the change to a holding company would stockholders direct the.parent. have no "adverse effect on existing or �• Daniel J: Murphy III, vice president of potential competiton" since the bink"has Artogton Trust, said the transaction is no present operations or subsidiaries." "the same as if a normal business broaden- Further, the order states, Arlington ed its corporate structure. The only Trust "has indicated an inter mwaf- difference is that banks must answer to fiiiating',with , other bamkSrnce �k%€ state and federal regulatory agencies." Massachusetts law restricts branch bank- Under the new corporate arrangement in to the home offtee county, the expan- ' the Arlington Trust may now: cion over;=a broader geographic are would• buy other banks; have pro-competitive effects:"' .i a s TRAFIE'S Self-Service NOME and FAMILY Discount . t Dept. Store, 436 Broadway, Rte. 28, Methuen R Ic cirl 8• d X y n : AP WireOwte ,' RED FAMILIAR FACE — Senator Howard H-.-Bakers' Jr., R-Tenn., co-chairman of the Senate; Watergate Committee, relaxes in front of a n television camera before the 'hearings began Friday. The televised hearings has brought the ALl SALES face of Baker and others before the American ARE public daily. ARE FINAL! ti Community �kNllIAY-fl- ' p M Y W is Y 7 �� �� Y *A'" i '{' t C8=@nddl' Over 400 attended the dance for the Mary Jane Beni Fund. WAYS AND NO � : � � UP Tn of the bank (Arlington-Trust). In this way _ Lneteaerarneservegovernors rweu Way x the parent owns the bank and the the change to a holding company would stockholders direct the parent. have no "adverse effect on existing or potential competiton" since the bank "has Daniel J. Murphy III, vice president of Arlington Trust, said the transaction is no present operations.or subsidiaries." "the same as if a normal business broaden- Further, the -order states, Arlington edits corporate structure. The only Trust "has an interest inaf difference is that banks must answer to filiating with other ba'nkA, Since . ,AF state and federal regulatory agencies." Massachusetts law restricts branch bank- Under the new corporate arrangement ing to the home office county, the expan- the Arlington Trust may now sion over,a broader geographic are would: — buy other banks; have pro-competitive effects." 41 TRAFIE'S Self-Service HOME and FAMILY Discount Dept. Store, 436 Broadway, Rte. 28, Methuen ST R A I C n9 t4 EW D corlot4s EDU - - :AP Wirephoto p.. FAMILIAR FACE — Senator Howard H.Baker, . " " ra Jr.,, R-Tenn., co-chairman of the Senate __ _ th Watergate Committee, relaxes in front of a television camerabefore the `hearings began p Friday. The televised hearings has brought the face of Baker and others before the American ALL SALES daily. ARE FINAL! x Community ANO LAY-A- Over Over 400 attended'the dance for the Ma Jane Beiub Fund. M� x Calendar: '� WAYS AND NO e S14 VE UP SPECIAL ORDERS! .,0 TODAY Berube fund gains 0850 o Fele fuse, ,Essex Tony Bott, Turning Paint from dance, softball aine ENTIRE Coffeehouse, 13-Ess o St., Andover; a., p.m. STOCK MUST BE � .Risen Son.Singers of Blue Ridge,Ga.,Community Center, North Andover, free, 7 p.m. 4 1 SACRIFICED The Sacred Heart CYO raised over $850 South Lawrence, CED according to tuctiard C SUNDAY for the Mary Jane Berube fund at a softball Sicotte head ofthe parish CYO. REGARDLESS . Concert.by Blake Concert Band, Bingham Way, game and dance held last night. Sicotte said the officers of the CYO were North Andover, 2 p:m. Mary Jane, 13, is in University Hospital, responsible for arranging•the benefit, and OF ORIGINAL Risen Son Siatgers of Blue Ridge,Ga.First-Calvary Boston undergoing treatment for partial "did all the work" to make it successful. Baptist.Church, 20Yembertpn St., 10 a.m. paralysis she suffered in swimming pool IJCOSTS! accident in May.. The. officers are Nancy Ameen, TUESDAY. The softball game was an exhibition president, Jane Cox, seetetary, Susan - Band Concert, Recreation and Community Schools match between two teams from Honeywell. Proulx, treasurer, Gary Wizeli, athletic *GUARANTEED Department,featuring Bill Russeil Concert Band,Cen- Between 400 and 500 people attended the chairman, Jeanne ArthiCt and Bobby tral Park,Andover,7 p.m. dance in the Sacred Heart School yard in. Demers, delegates. LOWESTPRICES -- - ANYWHERE! .. . Two held for . rand jury for robbery *YOUR CHOICE J g J Ave., Allston, when he St., Haverhill,attempt Cocom- threatening James McDer- OF THE HOUSE! SJ Two Lawrence men were Broadway at Chase Street were )I held for the grand jury yester-; each fined$35'. defaulted on charges of posses- mit larceny, two counts-of mott, 407 Massachusetts Ave. day in Lawrence District Court Fined were: Bernard E. sion of Phenobarbital and larceny by false pretense, and Louis Napoli,52 Inglewood *COME EARLY _ P in connection with two armed MacMillan, 23, 125 East Fifth drunkenness June 24 in three counts of receivingstoien St.,bothofNorthAndoverJuly p robberies on Prespect.Hill in Ave.,Steven E. Knight, 19, 148 Lawrence. property, continued to Aug. 7; '19 on Main Street, North An- FOR THE CHOICE June. Tisdale St. and Michael D. Cases continued not guilty plea. dover. OF THE BUYS. T 'Michael L. Borrelli, 264 Sullivan, 44 Ellen St., all of The following were arraign- Miss to pass a stolen $167ged .47 JamesP.' Lethuen, , 8 Jackson St.', and Steven Leominster and James F. ed and had their cases con- trying to pass a stolen Merrimack ing under the i,Methuen,dri20 v- Vandercasteele, 65 Berkeley Pare, 24, 102 Auburn St. and tined: check July 19 at the Merrimack ing under the influence July St.. were held after a probable John P. L. Mannion, 21, 9 Robert Zukowski, 28, no Valley National Via " on Osgood Street, oMethuen, iy ' n Folk Music Concert, Tony Boll, Turning Point from dance, softball game *Y °�K C i"�"'�` Coffeehouse, 13 Essex St., Andover; a., p.m. S 1 OCN MUST BE Risen Sow Singers of Blue Ridge, Ga., Community j Center,North Andover, free, 7 p.m. SACRIFICED The Sacred Heart CYO raised over$850 South Lawrence, according to Richard SUNDAY for the Mary Jane Berube fund ata softball Sicotte, head of the parish CYO. REGARDLESS . ere Concert by Blake Concert Band, Bingham Way, gaMary Jane,me and nl3,ce hs in University eld last night.ty Hospital, respansible orharranging t e benicers of the efit, OF ORIGINAL North Andover, 2 p.m. Boston undergoing treatment for partial "did all the work" to make it successful. Risen Son Singers of Blue Ridge,Ga.First-Calvary g g P COSTS!Baptist.Church, 20 Pemberton St., 10 a.m. paralysis she suffered in a swimming pool The officers are Nancy Ameen, li S J accident in May. TUESDAY The softball game was an exhibition president, Jane Cox, secretary, Susan match between two teams from Honeywell. Proulx, treasurer, Gary Frizell; athletic *GUARANTEED Band Concert, Recreation and Community Schools y chairman, Jeanne Arthur and Bobby p Between he and 500 people attended the Y Department,featuringBill Russell Concert Band,Cen- the LOWEST PRICES tral Park,Andover,7 p.m. dance in tSacred Heart School yard in Demers, delegates. ANYWHERE! for . randjuryfor robberyTwo held g .*YOUR CHOICE Two Lawrence men were Broadway at Chase Street were Ave., Allston, when he St., Haverhill, attempt tocom- -threatening James McDer- ' Of THE HOUSE!. held for the grand jury y werester- each finedayat 5. defaulted on charges of posses- mit larceny, two counts of mott, 407 Massachusetts Ave. y _ day in Lawrence District Court Fined were: Bernard 'E. sion of Phenobarbital and larceny by false pretense, and Louis Napoli,52 Inglewood *COME EARLY _ in connection with two armed MacMillan, 23, 125 East Fifth drunkenness June 24 in three counts of receiving stolen St.,both of North Andover July FOR THE CHOICE Lawrence. " property, continued to Aug. 7; 19 on Main Street, North An- robberies_on Prospect_Hill in Ave.,Steven E. Knight, 19, 148 not guilty plea. dover. p June. Tisdale St. and Michael D. Cases continued Miss Leonard is charged with James P. Leverone, 8 OF THE BUYS! 'Michael L. Borrelli, 264 Sullivan, 44 Ellen St., all of The following were arraign- t in to ass a stolen $167.47 Washington St.,Methuen,driv- Jackson. St., and Steven Leominster and James F. ed and had their cases con- rY g p Vandercasteele, 65 Berkeley Pare, 24, 102 Auburn. St. and timed: check July 19 at the Merrimack ing under the influence July 20 Robert: Zukowski, 28, no Valley National Bank in ' on Osgood"Street, Methuen, St., were held after a probable John P. L. Mannion, 21, 9 address, Lawrence Perry, 30, Methuen and trying o pay a continued to Aug. 1; not guilty cause hearing. Camden St. Both were charged with con- James Doyle,Beacon House, 12 Leonard`Ave.; John J. err7 check July 19 at the plea. � 27, 55 Hancock St., Merrimack Valley National Arthur A. Guarino, 22 Hull spiracy to commit armed was given a 10-day jail Lopez, Bank on Common Street. St., Boston, driving under the robbery in connection with the sentence suspended until Nov. Brian Hartwick, 21; 18 Mason June 19 robbery at llevine's 20 for disturbing the peace July St., and Roland Berthel, 18, 13 The check was reported influence July 19-on North Main sUNDAYS , 1 Doyle St., all charged with stolen from Charles Santos and Street, Antigver, continued to i Pharmacy,292 Prospect St., in 17 in Lawrence. Y g Sons of Lowell on July 3. Aug. n not`osse, plea. which$38 was taken by a knife- John A.Hannagan,53 Dracut loitering in`Mullaney Park Thursday night,_continued to James F. Morkeski; 394 Jean P. Bosse, -194 Tenney _ wielding and silk stocking- St., was fined $100 for driving Y g Sutton St., North Andover,two St., Methuen, driving un- masked bandit. , under the influence July 19 on Aug.9; not guilty pleas. counts of assault with a registered, uninsured and un- Wesley E. Stanhope, 71 g Vandecasteele 'also was South Street. y dangerous weapon and disturb- der the influence and failing to Ox- charged with two' counts of A larceny complaint against`Winona Ave., Haverhill, drivWIN robbery while armed and Sherman. Ordway, was con- ing uninsured and un- ing the peace; continued o displayasLickerJuly20onOx , ; 1 , registered, refusing o stopAug. 2; not guilty plea. ford Street, continued to Aug. FAMOUS masked in connection with the timed without a finding until g g Morkeski is charged"with 7; not guiltyplea. E drug store robbery and a June 21. Oct. 25 while Ordway makes when signalled by a police of- robbery,at 'Cosmopolitan'restitutiott: ficer>May 30 on Broadway, a � Re Package .Sore, 441 Prospect He was accused of taking Methuen,continued to Aug. 3; St., Methuen,in which$55 was $213.93 on June 15 from Cyr Oil not guilty plea. .;.- Katherine A.Leonard,5 Vine Come See taken. Co. OiJ$e•< ee Roland Brouillard, 21 Doyle Case dismissed �'��OW St.,was sentenced o 30 days in A charge -of driving unin- TWO die x , S`AC�� ■� CASE jail for the July 20 larceny of a sured against James R.Hayes, Ross 10-speed bicycle from Jr. 39 Knox St.,was dismissed . S STANDARD Scott Brown, 15 Holly St. pr the request s the 1I1, CY`e`iSh SALEM PLA FAMOUS NAME $ 91 Gerald P.Glew,Rockingham prosecution. He was stopped AND Park,Salem,N H,was given a May 3 on Broadway. MANCHESTER, N.H. '(AP) KING SIZE c Robert It. killedear- •�ASHER'� FAMOUS NAMES six-month jail sentence —Twoperso were �4 suspended for a year fqs St., North Andover, was fined lg today when a car in which SIZE 29 to 42 ea. of LSD with intent $110 for driving uninsured and possessionfailing to stop fol a to sign they were driving collided with OPEN *to distribute or dispense May g p p' another ear on a rain-slick 29 in Methuen. June q ohChickering Road, downtown bridge,.police said. NAnd°hr Fur ` MISSES` & LADIES Fighters fined. Further chaarges of driving Police identified the dead r n ' . Three Leominster youths and unregistered,driving without a persons as Richard Chrzaszcz, FIELDCREST 99 two Lawrence youths arrestedlicense were filed. 27, of Manchester; the driver, SLACKS , ' oo � L Thursday for fightingin Kelly's A ,capi#s iaas issued for and Gail Richards, 23,of Man- BLANK Hamburgers, parking lot on William Alther, 52 Gleasville Chester. AND SUND.., FUII AND TWIN SIZE Reg. 14.98 nistan�Clla.n es uietlJEANS VALUES TO $8.27 ..fgha g q NEW DELHI(AP)—Afghanistan's only An Indian news agency said there was no ® pe� mo TRinternational airport remained closed' to= truth to reports that supporters of the mon- ASH CAN FAMOUS "MARTEX day but the capital city of Kabul was archy had been killed.But reports in some 4 NAND LINERS reported calm and quiet as the new Pakistani newspapers said as many as 35 Only Merchandise-Allowed By republican government consolidated its antiDaud military officers had been ex- t power. ecuted. Salem Town Ordinance OLs Kabul airport opened-for about an hour News reports from Tehran today said the A �� Friday, but then closed again without ex- government of Iran had recognized the new 1 pKG: r .� REG, $]'.29 planation. The airport was first shut downAfghanistan "regime. Radio Moscow said SALEM PLAZA ONL • L _ • i Town Clerk, Town of North Andover, North Andover, Massachusetts `j i COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. ALBERT COATES , FREDERIC E. BLACKSTOCK, GILDA BLACKSTOCK, RAYMOND CANTY, BEATRICE CANTY, COLIN ELLIOT, DOROTHY ELLIOT, GERALDINE ELLIOT, WILLIAM McKINNON, FLORENCE McKINNON, JOHN DONOVAN AND ANNETTE MCHALE w _ ( v I w VS. CHARLES H. FOSTER, BUILDING INSPECTOR FOR' THE TOWN OF NORTH ANDOVER, AND THE NORTH ANDOVER BOARD OF APPEALS �I NOTICE OF APPEAL Re: Building Perrjpit No.- 1737 issued by the Building Inspector of the Town of North Andover on June 4, 1973, to Vincen ' B. Landers, 30 School Street, North Andover, Massachusetts. Please be advised that the undersigned Petitioners are j �I+ residents, landowners and/or,abuttors in the Town of North Andoverl I , situated on or about Osgood4Street, Pleasant Street, Stevens IIIi Street, Harkaway Road and Phillips. Court, and are as follows : iI ' Albert Coates, 56 Phillips Court; Frederic E. Blackstock and Gilda Blackstock, 38 Phillips Court; Raymond Canty and Beatrice Canty, 46 Phillips Court; Colin Elliot and Dorothy Elliot, 42 Phillips +� Court; Geraldine Elliot, 107 Cotuit Street; William McKinnon and IFlorence McKinnon, 44 Phillips Court; John Donovan, 23 Phillipa' '' Court and Annette McHale, 251 Pleasant ,Street.1 Appeal is hereby made in accordance with Chapter 40A of the General Laws of 1 fi Massachusetts and Zoning Ordinances for the Town of North Andover,) IF from a decision made by the Building Inspector in issuing building permit No. 1737, said permit having been issued by Charles H. { Foster, Building Inspector, ,on June 4, 1973 to Vincent B. Landers,i 30 School Street, North Andover, as owner, to construct 152 residential units as set forth insaidapplication for building permit, copy of which is attached hereto, on land described at North Essex District Registry of Deeds, Book 1190, Page 503. KAZAROSIAN ALLISON PHILLIPS TTORNEYS AT LAW 91 MERRIMACK STREET _ HAVERHILL. MASS. i � It is the position of the Petitioners herein that the I issuance of this building permit adversely affects each and every one of them, and they are therefore, by this document, appealing from the decision' of the Building Inspector in issuing said i permit, and their reasons are as follows ; l 1. The issuance of said building permit violates the Ispirit and meaning of the entire North Andover Zoning By I' :J Further, it violates the Town of North Andover Subdivision Controls Il Law similarly in effect. 2 . The issuance of said building permit violates E+1 General Laws Chapter 40A and General Laws Chapter 41, SojtSIK. �! 3. The issuance of said buildingpermit p constitutes an I illegal subdivision and violates all laws of the Town of North i iAndover and the General Laws of the Commanwealth of Massachusetts. 11 J Final plans and definitive approval should have been effectuated J1by the Planning Board of the Town of North Andover, prior to the �; issuance of any building permit. i 1, 4. The issuance of said building permitwhich contem- plates 152 "units, " doescnot specify whether they are townhouses, ( multi-family dwellings or apartments; the zoning ordinances pre- elude in an R-4 district in which the property is located, i; apartments and multi-family dwellings. + 5. No apartments are allowed in an R-4 district, I • 6. . Assuming that these are townhouses, all other require( ments in the ordinance are not complied with. t ` 7. The use regulations set forth in Table # 1 and the dimentional requirements set forth in Table ##2, are being violated ) by this building permit in all respects, including the density ;; and acreage with respect to non-contiguous land frontage, side lalines, rear lines wetlands and setbacks, among others. 8. Townhouses have now been stricken from the Zoning {' Law by virtue of the passage of Article II i n a Special al Town Imeeting held December 20, 1972, in that Par. 15 of Section 4.122 ! of the Zoning by-law have been stricken therefrom i rom and official ( approval having been received- by the Department of the Attorney jGeneral on April 4, 1973 . KAZAROSIAfV - ALLI�SON 2- 4 PHILLIPS �. . pRMEYS AT LAW i MERRIMAGK STREET AVERHILL, MASS. . l t, �5 n I . The Petitioners, hereby request the Town Clerk to h` transmit copies of this Notice of Appeal to each member of the Board of Appeals, so that a special hearing may be held before the Board of Appeals in accordance with General Laws, Chapter 40A. Request is further made that the Buildin Ins g pector revoke j the building permit issued on June 4, 1973 and if he refuses to It do so, that the Board of Appeals, after conducting a hearing on this case, order the Building Inspector to revoke his permit. Your Petitioners are hereby aggrieved by the decision !i of the Building Inspector of June 41 1973 in issuing a building i1 permit to said Vincent B. Landers, for the reasons set forth above and for the fact that there has been a Violation of the Town of North Andover Zoning and other ordinances, as well as MGL Chapter 4OA and Chapter 41, Sec. 81K. i +� A copy of this notice of appeal is being simultaneously sent to all parties in interest or deemed to be of interest, as �! indicated below. Albert Coates Frederic E. Blackstock o ^ Gilda Blackstock Raymond Canty Beatrice Canty Colin Elliot Doro y Elliot Geraldine Elliot j. j+ William McKinnonF rte McKinnon ` u i _ a Annette McHale 9 John Donovan KAZAROSIAN � � , ALLISON I \ ±bert P. Phillips �/PHILLIPS Cael for Petition s ORNEYS AT LAW I� MERRIMACK STREET ! 'Ap r - VrRHiL.I.. MASS. 3 I �.. Oversized Maps on file with the Town