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Home My WebLink AboutWREATH SCHOOL INC 3 EXHIBIT L 380..N4ass. S5S 380:1lass. 869 869 �,alth v. Hod¢e I\'o. -'I. Fachbur¢Housing Authority c. Board of Zonin:Appeals of Fitchburg. -.led to § 33E review, we would .is estraordinan• power to reduce :�ase.- nded to support the defendant's FITCHBURG HOUSING AUTHORITY & another' vs. BOARD of >ccurred in self-defense, or in heat ZONING APPEALS of FITCHBURG & another.' alice, came entirely from the de- ie evidence from which the jury Worcester. April 9. 1950. —June 12. 19RO. sample, the defendant stated to Present: HE NESsEY,C.J..Qunuco,BmuCNPA.WILUNS.4 Asn"lis.JJ. not need to worry about Eugin had a gun. Moreover, the de- Zoning, Educational use. Education. Words, "Education." 1f while waiting for Eugin on a tight Of the Killing he had removed Use of premises as a residential facilih•for the education and rehabilita- tion of formerly institutionalized adults with histories of mental illness Aster before going to meet Eugin. was a use for a public educational purpose exempt from a local zoning experienced former police officer, ordinance under G. L. c. 40A, § 2, as amended through 5t. 1959, nity to call for police assistance c. 607, § 1. [872-875] was coming to his house. Instead ;with a revolver and face Eugin CIVIL. AcnON commenced in the Superior Court Depart- e, and more, militated against a ment on August 17, 1978. verdict of not guilty. The case was heard by Beaudreau, J. nencement of this opinion, this is After review was sought in the Appeals Court, the Su- rest of justice requires an order preme Judicial Court, on its own initiative, ordered direct j jury from murder in the second appellate review. 'he evidence was highly conflict- William Link, III(Charles E. Cashman with him) for the accept the defendant's claim of plaintiffs. monwealth v. Jones, 366 Mass. Timothy S. Hillman for the defendants. weight of the evidence does not Francis X. Bellotti, Attorney General, Carl Valuo, Assist- killing was carried out without ant Attorney General, &Ann Futter, Legal Assistant to the ommonwealth v. Greene, 372 Attorney General, for the Department of Mental Health, amicus curiae, submitted a brief. WILMNS, J. The dispositive issue in this case is whether a Judgment affirmed. facility, proposed to be operated by the Forth Central Mas- sachusetts dental Health Association, Inc. (Association), on premises owned by the Fitchburg Housing Authority(Hous- ing Authority), is a public educational use which the Fitch- burg zoning ordinance may not forbid. The Association proposes to operate a residential facility in which former§ ut a case has§ 33E statutory,eligibility, t 'North Central Massachusetts mental Health Association, Inc. ar standard of review as in part 3 above. 2 Building Inspector of Fitchburg. 870 380 Mass. 869 380 Mass. 869 871 —__ Fitchburg Iloosing Anthorily o. Board of Zoning Apiwals of Fitchburg. Fitchburg Iloosing Authority o. Board of Zoning Appeals of FRAIVIrg institutionalized but educable adults, with histories of men- I August 2, 1978 (eighty-four days after the appeal was filed). ild difficulties; will live while being trained in skills for in The board concluded that the proposed use was not a school dependent living, such as self-care, cooking, job seeking, i but did not explicitly pass on the question whether the statu- budgeting, and snaking use of community resources. The tory protection provided by §2 was applicable to the Assdx;i- Association relies on that provision in G. L. c. 40A, § 2, as ation's proposed use. The Association and the housing Au- amended through St. 1959, c. 607, § 1, that provides that no thority appealed to the Superior Court, combining reliance zoning ordinance "which prohibits or limits the use of land on § 2 with a claim that, because the board of zoning ap- . . for any educational purpose which is . . . public shall peals did not act on the application within seventy-five days be valid."3 See Attorney Gert. v, Dover, 327 Mass. 601, 603 of the filing of the appeal, the application must be deemed (1951). We conclude that the use that the Association in- to have been granted pursuant to § 15 of The Zoning Act.' tends to make of the premises is a use for a public education- The issues for decision in the Superior Court were quer- al purpose that cannot be prohibited or limited by the provi- tions of law on the facts found by the judge. No deference sions of the Fitchburg zoning ordinance. to the judgment or discretion of the local zoning lward was On May 8, 1978, the housing Authority applied for a per- required. Opinions relied on by the zoning board, defining Writ to convert a residential building on Prospect Street for the role of a Superior Court judge on an appeal from the use as a community residence. The superintendent of I granting of a variance or a special permit, are inapplicable. buildings ruled that a community residence was not permit- We summarize the basic facts found by the judge. The ted in the Residence li zoning district in which the premises proposed facility would be located to a single-family house, lay. On May 10, 1978, the Association and the Housing Au- formerly occupied by a physician, and would be operated to thority appealed to the city's board of zoning appeals seek- l work with chronically disturbed people who have been in ing "authorization to operate a residential educational and j mental institutions. These people would require medical rehabilitation facility for adults with histories of psychiatric j treatments and would participate in a "training program difficulties." The appeal was not founded on a claim that a variance should be granted from the provisions of the zoning i 'General Laws c. 40A, § 15, as appearing in St. 1975,c. 808, g 3,pro- ordinance but rather on the theory that the proposed use was vides in part that"It]he decision of the board shall tit,made within seven- permitted as a matter of law. The appeal relied on (1) the ty-five days after the date of the. . . application . . . [with an exception not relevant here]. Failure by the board to act within said seventy-five I-Inguage of the zoning ordinance that permitted "Private days shall be deemed to be the grant of the . . . application . . . sought" and Public Schools" in a Residence 13 zoning district and (2) subject to judicial appeal. This automatic approval provision changed tit+ provisions of § 2 of The Zoning Enabling Act. , prior taw. See Camsonla v. Zoning 6d. of Approb of Afilfnrd,377 Muss. i 67, 89-73 (1979); Cullen v. Building lnspector of N. Allleborough, 353 The board of zoning appeals heard the matter on June 5, Mass.671 (1968). The new statutory provision became effective in Fitch- 1978, and rendered a decision denying the application on burg on July 1, 1978. Because of the conclusion we reach on the exemp. tion afforded by § 2 of The Zoning Enabling Act, we rived not decide "This language appears in'1'lyc Zoning Enabling Act which has lxvil sit- I whether the"automatic"approval provision of the new act applied to an 1x•rst-ded by The Zoning Act, it revi,,xA waning regulatory statute adopted i appeal submitted to and heard by the board of zoning appeals prior to fn I1175. St. 1975, c. 808, § 3. All parties have treated the issue in the July 1, 1978• Our opinion In the Casasmtta case does not answer this court below and here as govcrned by the quoted language of § 2 of The question. We note that the board's decision was rendered within seventy- Zoning Enabling Act and not by similar language now appearing in§ 3 of five clays of July 1, 1978. The Zoning Act. it appears that, at the(lane of the filing of the applica- "The only evidence of a need for medical treatment was testimony that tion for auiirorily to use the premises, 12 of The Zoning Enabling Act was 95% of the residents would be taking prescription medicine largely under the controllingsinhte. their oun control, although the staff might control and distribute the 1 872 380 Mass. 869 380 Mass. 869 Fitchburg Ilnusing Authority u. Board of Zoning Appeals of Fitchburg. 873 Fitchburg Housing Authadly c. Board of 7.nniog Aplamis of Fitchburg. --�- airned at developing or learning social and interpersonal skills _ — ----such as learningto keep themselves physically clean, learning The crucial question is whether the proposed use is a use for to shop and how to use money, [and] learning to cook." The an educational purpose," as that tern is used in G. L, of c. 40A, § 2.' If the judge's characterization of the proposed basic purpose would be "to train people to rid themselves facility as a "medic"! Facility"is a conclusion that, as a mal- badhabits and teach them habits so that they would be goal- I" ified to live independently by themselves in a community.- I ter of law, the proposed use would not be "educational," it There would be full-time house managers, whose qualifies_ must be reversed as an error of law. See New England Can_ teen Sero., Inc, V. Aslrley, 372 Mass. 671, 674 (1977), To file tions would include a bachelor's degree in human services. None of the teachers would be certified under G. L. c. 71, extent that it is a finding of fact, it must be set aside as"clear- § 38C. In selecting personnel, the emphasis would not be on ly erroneous." Mass. R. Civ. P. 52 (a), 365 Mass.816(1974). teaching experience or qualifications, but more on social and See Building Inspector of Lancaster v. Sanderson, 372 Mass. psychological training and abilities. 157' 161 (1977)• The fact that many of the residents of the The judge concluded that the proposed facility would not facility will have been residents of mental institutions and be a school"but a medical facility."" lIe acknowledged the will be taking prescription drugs does not negate its educa- claim that the use was an exempt educational use but did Honal purpose or make its dominant purpose medical. not discuss the question in determining that the facility There will be no nurses or doctors regularly in attendance at would not be a school. Judgment was entered that no mod- due facility. There Is no indication that the residents will be ification of the decision of the board of zoning appeals was a threat to themselves or to the public," required. We transferred here on our own motion the ap- The fact that the residents will be adults does not deprive peal of the Association and the Housing Authority. the use of its educational character. See Crrmrnifigirnl The central issue in this case is one of law, not of fact. School of the Arts, Inc, v. Assessors of Ctcnentfnglon, 373 Mass. 597, 604 (1977) (tax case) (school of the arts largely The judge's findings are based on the Association's represen- for adults); Assessors of Lancaster v. Perkins School,largely tations at trial concerning its planned use of the premises. Mass. 418, 422 (1948) (tax case) (some adults received the benefits of the school). Nor is it controlling that the nature medication for some residents. There would be neither medically trained of what Is taught is not within traditional areas of academic personnel nor medical facilities on the premises. The judge found that a instruction or that the instructors will riot be certified by the staff psychologist would visit periodically and a psychiatrist would he Commonwealth. See Curn"t.ingtorr School of the Arts. Inc. available. Some residents of the facility would be under conservatorship or guardianship. There was evidence that the ten people served by the fa- ° v, Assessors of Ctrmmingfon, supra at 603, and cases cited. cility would he in residence for varying periods of umc, as long as two See also Harbor Schools, Inc.. v. Board of Appeals of(laver- years, if necessary. The Association disclaims any intention to accept in the facility individuals whose primary diagnosis is alcoholism, criminali- 'There is no claim that,if the use is an educational use,it Is not a pn6frc ly,drug abuse,organic brain disorder,violent behavior,antisocial sexual lichavior, or mental retardation. educational use. The facility will be available to all pmpie in north cen- tral (Massachusetts, and, therefore, its character as a public use cannot p "The question whether the proposed ase would be a school and hence a t reasonably he,and is not, questioned. See MVorcestcr Y. Nrw F,n ermissible use under the Fitchburg Toning ordinance was not raised in Inst. &New England School of AcrnrmNng. inc.,33.5 Mass,488,42 r4rt10 the complaint Filed in the Superior Court and, by language in the cum- (1957); Assessors of Lancaster v. (taint, was inferentially abandoned as a ground for the appeal, The (1948). Perkins Schonf, 323 Mass. 418, 42! Judge discussed the point. Tec appellants argue it here. In any event, need on r 'On the contrary, the Association will not accept is residents persons filedecide the print because proposed taco is an educational use.it is made irrelevant by our decision ; whose primary diagnoses suggest the potential for dangerous or antisocial leaf thbehavior. See note 5,supra. • r tPY r 874 380 Mass. 869 380 Mass. 869 875 - -_-'Fitchburg 11owhig Authority v. Board of Zoning Appents of Fitchburg. Fitchburg Housing Authority v. Board of 7.oninp Appcnls of Filchburg.--- - !till, 5 Mass. App. Ct. 600, 603 (1977), discussed infra. The Mass. 139, 146 (1887). In the Afount pennon case, we. ac- fact that the facility will provide residential aecommoda- cepted as a definition of education"tie process of developing lions does not interfere with its educational use. President and training the powers and capabilities of human beings," fv Fellows of Harvard College v. Assessors of Cambridge, and embraced the idea that education is the process of pre- 175 Mass. 145, 146-147 (1900). Trustees of Phillips Acade- 1 paring persons"for activity and usefulness in life."Id. at 146. nu/ v. Andover, 175 Mass. 118, 125 (1900). The question The proposed facility would fulfil a significant educa- remains whether the dominant activity will be educational. tional goal in preparing its residents to live by themselves There is respectable authority that a residential facility outside the institutional setting. Instruction in the activities for the education of emotionally disturbed children is an of daily living is neither trivial nor unnecessary to these per- educational use. Our Appeals Court so held in Harbor sons. On the contrary, for the prospective residents of the Schools, Mc. v. Board of Appeals of Haverhill, supra, deal- I proposed facility to learn or relearn such skills is an impor- ing with § 2 0[The Zoning Enabling Act. In that case, the tant step toward developing their powers and capabilities as human beings. Inculcating a basic understanding of how to educational program offered by the facility involved indoc- w urination in traditional academic subjects and fulfilled the cope with everyday problems and to maintain oneself s he public policy expressed in c. 766 of the Acts of 1972 concern- dominant is incontestably he educational process. That is the Jug the education of children with special needs. Id. at 606. dominant purpose of the proposed facility. i Similar reasoning guided the court in School lane !tills, Stale certification of its teachers apparently was not required. � Inc. v. East Hempfield Township Zoning hearing Bd., 18 Id. at 603. A residential Facility approved by a State Depart- Pa. Commw. Ct. 519, 525 (1975), where a center for the ment of Education for the education of children with mild training of retarded youth to assume a positive role in socie.- emotional disturbances, offering a curriculum comparable ty by providing them with industrial skills was held to be to that afforded in the public schools, has been held to be a "educational in nature" under a local zoning ordinance. "school" within the meaning of the word in the local zoning The court said that"[wjhile such skills [nay appear simplistic regulations. Arrmtrong v. Zoning 13d. of Appeals of Wash to a 'normal' person, their assimilation nonetheless repre- ington, 1.58 Conn. 158 (1969). The circumstances were sents a great improvement in the normal human condition substantially similar and the result was the same in Wiltwyck of the trainees. The nature of the Child Development school for Boys, inc. v. hill, l I N.Y.2d 182 (1962). In } Center is no less educational than that of the most demand- Arebo School Corp. V. Manor of Randolph, 1.51 N.J. Super. � ing university." Id, at 524. Past and continuing emotional 336, 341 (1977), the court rejected as clearly erroneous n or psychiatric problems may determine the.character of the finding that a residential school for emotionally disturbed training furnished to residents of the proposed facility, but children, designed to nivel the educational obligations of � they da not mark the facility as "medical" or render it any local school boards, was It therapeutic commuuily with less educational. mereiv an ancillary educational component. The judgment is reversed. Judgment shall be entered The present case concerns the issue of what is an educa- declaring that the proposed use is a public educational use tiunal use in circumstances not as closely related to the ful- that may not be barred under the Fitchburg zoning ordi- filment of traditional educational goals as were the circum_ nance and that a permit to use the pre[nises may not he denied stances in the Harbor Schools case. This court, however, to the Association and the Housing Authority on the ground has long recognized -education" as "it broad and compre_ that the proposed use is not permitted as a matter of law. pensive terfn." Alonnl Herron Boys' School V. Gill, 145 So orderer!. EXHIBIT M OFFICES OF: f Town Of 120 Main street APPEALS .wr NORTH ANDOVER North Andover, BUILDING Massachusetts O 1845 CONSERVATION DIVISION DIVISION OF (617)685.4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR January 17, 1989 Mr. Shaun F. Donahue Wreath School, Inc. 85 East Sreet Middleton, MA 01949 Re: Building Alterations Lot #3 - Sullivan Street North Andover, MA Dear Mr. Donahue: The Building Department denies the issuance of a Building Permit for the above location because, in our opinion, it does not meet all the requirements of Section 4, para. 4.121 (3) and (16) of the North Andover Zoning By-Law. Also, at this time, the present topography of the site will require extensive work to be performed prior to occupancy of the building for any type of public or private non-profit educational facility, if allowed by a decision of the Board of Appeals . V'eery( truly Cyours , D. Robert Nicetta, Building Inspector 7 DRN:gb A cc: Dir. , DPCD Board of Appeals RECEIVED OT9A�AtE .LON G °4 na + ANDOVER appeal shall be filed ° within (20) dn, s aE';e; the x`o 1123015 ' /� /� Y CIf.r-` ( •.}� Ct tIijJ NclV ice aJq �A1no PPt� aL., Ui Il u..O 7SACH55E in the office of, the Town Clerk, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Shaun F. Donahue The Wreath School, Inc. 85 East Street Middleton,, MA 01949 RE: Petition #34-89 Dear Mr. Donahue: The Board of Appeals held a public hearing on Tuesday evening, January 10, 1989 upon your application as a Party Aggreived requesting reversal of Building Inspector decision to allow use as a not-for-profit residential/educational facility on the premises located at Lot 3, Sullivan Street. The following mem- bers were present and voting: Alfred Frizelle, Vice-chairman, Augustine Nicker- son, Walter Soule, Raymond Vivenzio and 'Anna O'Connor. The hearing was advertised in the North Andover Citizen on December 22, 1988 and December 29, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously, to ALLOW YOU TO WITHDRAW WITHOUT PREJUDICE, as requested at the above-mentioned meeting. Dated this 11th day of January, 1989. BOARD OF APPEALS \T Alfted rize a c� Vice-chairman /awt F JOHN F, X. f)4N'OHEN EXHIBIT G Seers" of (/W taorntnonsp" iwx U063L XOMP MAN, ARTICLES OF ORGANIZ ITON 1 ado► G. L, r4ayter 100 Wei Fredc.•rir. Work , Fraddeot . Ar}hur F. Itickney . +0tpsesirr, Donald KtU-Man{ t�erk�of� tWix being a au jor3ty.co the #hectors (or oSoers bavip$ the prom of diraetata� of THE WRVATH SCHOOL, INC,, elected at ite first pieettng, in a mpl4mv with dm tequiromenta of Gage al L"m w7w 110, Seaton 3, hereby certify that the Wowing is it true my of ON $0rump! Pl ileod+►t{am 04 said empa: dc% with the names of the subcdbors therato; We, whose names are berow subaaibed► 4 by thii ap"ment► Vwdaw mwWw with the intention of forming it cotportttlop under the provWom of Gimes! >:awl► 0*ptW Ift The an m4 by which th4 Corporation shalt bo lm m Al Till: WHRATil SCHOOL ,iNe. The kmdon of 64 prindpa! 901as of the corpmtioa in M!kS."uaetg Is fp be 64 Town or X)WW Marbluhuad Stseat T'be purposes foT.. cb the corporation is formed are m Mows: To provide a research facility fur the study of human development To provide educatlonal prouraitza for, childron requiring spepial learning experiences " To provide a training facility for iuciivid4als intereafed in problems relitod . to human develooment, and To do ahv'and all thiclbs;ttnd to carry un Any aq4 all 114Mties ner-MiL 'y or incident to these.lsurpcisus, including but not Imitag to the•pohooling of children and adults, the providing of cunsultution 4ivf viceq to childrian lLnO i`dults, All without ragar•d to the indiviQuals' race, r.ulvr, crop# or national prigm the publishing of studies, rvpurts and hooka rclvvant'to the purpot3es herein specified, h W" Jded awl kal on dwuld W M!! A v+a"biont!w bteh ti» v to ad9e. / l� � �ftrR sb.11 be air a I V papa and must hsv, a 0 lmd mmlin t" wMe for bbadta4• use aah• i skis of OWL 4 Ult I61110N•$tg Waiver. • -_. we bmby eve nU reQ 'Mmeat: of the Geaeraj Laws of M"Whuseft or corks arst meeting for argftnizatioa, cad appoint the 21st day of September it 93 .t 2;00 o'clock P. M., M the offices of Attopney'Donald Koleman, 928 rep" street, Salem, Massachuyetis , the time and place for holding such Rent inoetlag. . f77oo A sfu.lr Poo the •goo i44 addrm of nal} ,aRMPONOW Ara bolow.) RESIDENCR Give Number trod 6treet, pity of Tom Frederic Cork 01d County Road, 4incoln,. Mass. Donald Koleman . 328 Df sox Stv, , Sale.nq, Llass. Arthur F. Stickney iz�x17 ' 45 l,vcinurd St. , Gloucester; Mass, • t w r� ,Aad hutbei state Hutt the first pteeting of the msbscribers t Mid 40"41400t was eo the 21st day of SePtp in the year 19 Tii. CU1fl Orr, ADDAes# - A.tWf Plan nr dnnu,e mwt b. pva 'Roux Olt Isusna,0 F-roderic Work l.iiicolil, Mona► Old County Road fre.+urer Arthur F. Sticknuy (,luureHtct , Mins, 4$ Leonard-Street Ce3' 96nald ljol�Inan $All In, .LI4a r, Sap Essex St, Directors (or officers having tho pow•rr of 4irretnr$) Ronald J, Michaud Saluut, Maim# Frederik Work . Ltnoull . 31 AriBgp Street . n, :11as. pld County Rand tiIarjorie U, I�ittredgu Aoxfurt), }Ias�l, Windrus>3rFarm :�rthur E. StickneY Gluucustvr, A149g, Donald Iti"olzman 45 !Aonard St. Solatn , yIagK. 328 Essex St. o Gustave A. krant7, Jr,, Hamilton Hadden ' :1ltlrlFhv:$tcr, ljaea. 6Q4 St{mmer St. Larry Sal,-ersen ' - New YPrk BrookliNew doss Brookline', � 133 Salisbury 8t, Was being a majority othe diraetoq of THE WRFATU SCHOOL ,INC, � ►7�aa. « c„r�w.eo.l do hereky c+er* thatt ptavufu►ls of ►eciions eight ;md Rine of Cpha ter 1.56 rela111-e to calling and holding of th first 1110"ting of tho ro�totatiutt, agri tI►el plopttop of a temporary oltut. the sdopdoq of by-law$ as the electioll 4f oracon Bayo beell omplied with. ;N w'ITiVlR33 LYH£REpV All LIMIER T11r. i'i:NApTiEs or (gpjUt�,.Wo keretc 6igr► our p+r"w tkle 21iit day of Suptember , 1973 '3 IF+s„d.At, FteNwgr Gall e7 Srfl,•l.t.. .n,t u,lha,l! M 17es•Y•u u7 .� Mwi,t tlllq M lean !Wlvw.l 1 Ta f � O ihoatd � t+t aa4 aR epbel iiva +� RECEIVED ANTICUS or 0"ANI AtioN OCT B 91973 GENERAL. LAWSI CHAPTER 160 �rpR.r;oml PIV�ilo7y . SECRETARY'S OFFICE > w •1 h"Aw VGA* that, upon on #twdnamm of the wt"-Wd" mud" of prgaotaatlwt duly ! a' waged to met It appam» 64 the Prov sk" - 01 djo Csoasri Lam ielmdvO to the or`wWtton 1 of cow adom have bean comp1w vdtN W t busby approve add modes ma4 ewue•them to . ' be recorded =4 4W +rhea rmlldatad. - i Seen"" Of 04 Qonmmew"4 a CsAxrn To 54 BENT To +�4 w•IMpNNN•OgnbNNpNpppgN NNH••ngn.eMryunlr.q/It i 1 ,. p••NPNUp Nf//ft7N•gftHq•NtlPNNOtfNINPygt..t•t/Iiq N/r A �f/•NtlNvo/t(tnq N1{N/••{of•'t"go nr••f tg1pit I- N/1 CRABTM MAU#= NRTIP{c4T;om 06I+JT I* ..•tw•Htt..{•.••i•..t.•ftt.tNr•••.•Ttt•t itTtt...•r•fI•/.••t.•trrttt/i1/ yNq•r•/ttp•ft•.•q r.t.•wn••grgn•qN••.p•want•fpo � -. q•HfNTH{pq.nq.•tNnttq.u.ua N•{f q•1{O/IMAIO Aad further State that the f rpt menti the 219t daY of Sept. is 0 . s A �: "-►A�-! *i'E'4 1�'°, .'.f j't 'r ,..w..a+a-s p•b.+ sR..a�y r ..,-. `..'�.i 3-bA�i+eTT4 •i.O��Lx� ri� ,r•'v'�i�. .wY'y��:�iv. +t airy . •w Mw� EXHIBIT H. Tj a ' Y l '^Vh.i'f-$ .+f. (o. x.'.-^J., w..•. .'Y+1 :J4r ..1 .. . , .4 {Fj { _ st a Wnt mn That Whereq .iY":- -. :" • _E -.' f1,r•,,. R�,Ry.."y;is+F iei.4 TM..y'sne F',Ni'��.E..w'i:f:;Lt,�rY :-'.�,ysi..'F ;.' s.��'.fM�Y*fpf• ;.!•,��N. �'�.�.�•i.0 n .r r r • r r have associated themseltrjes with the intrntion of forming a for poration under Ibe'name of The '..:•cath ...:hoot, lr,a. and have complied uith the provision .o f the Shdutes (if the Commonwealth in such case t made and provided, as appears from the .irtitlet of Organization of said corporation, duly approved by the State Secretory and ,rc'urded in this ofce: XUM..t4rrtfurr, I, J41ItN F. \. I tN I114.N, Secretary of Thr CommonuealtG of ''Alassachruetts, £fin i�rrebg (Erritftl that r,ua► rreder;ck :;crr:, rt^thur L. ::t:cFmol, and Lkmald Kolemmn , their associates and su ssors are legaIl} viganked and eilablished as, and are hereby made an existing corporation as t)( ,... ..i�o•:e ..5er..5, .PU......... ........ under The name of 4. a ...................................................... the ;rc.tth : ct;oolr..ISic•....... } usth the.powers, rights: ujtd ;privilegri, tool .ujbit-4•1 to The lintiladiortt. 4imes and - �'•' r restrictions, which, by lain appertain thc•re•tn, 3Piilirltll nt) n fCial sigplatur,• heretlnto subscribed, and ' 47. *, the C;re•,rt Seal q 1'1►e Cantmonk•ealtl.,Q Alassacbusett; -Vhrrrrerrtu a f.yed, tfii) ..tWCi3x:�-.404UAs}. ... ,,..daj of - s .. . .. . .... .. in the )ear of our .ord one thousand nine h„nelrcd and. ii4Ur4t .rfour, ao•.. #�•. _ Brrrrtarg of tht 15awMasimrs1t4 Fo,m C.L.4Q7.5]LS.6+.;i M,2n t� wsenfu Y�•w rre;n iu - __ _ _— q r , - i- Upon ninti6in 00y njado and st:cor}dcd, it was unanimously VPTFD; to adopt the following Hy-I.,aws as the By-Laws of TPE JVRFATI SCHOOL, ' t BY-LAWS of THE WHEiAT#i SC[IOQL i'.�Rt''�r+�fr�"`iY�.E=�.yYl.�i iYt+M l �.!`-��'.1.4�'kH►'.y�,}}�: .�•!�•..• .,y�, ;W?!•.5!•.:rr+117r{.w�J" };!F`.�PK..t�r �y: -•.b :}�?.•,.N, "FE��'e'•'�'4�i�i''1•"I,1 ' 1 JI AG1t1. FITE'N"I' CSI' ASSoCIATI.gN, Soction 1, Namo and Purposes Thi, name, locatiptl of the principal office and ourposee of the cbrporatjnn shall bo a,,i set €c?rth ip the Agreement of .association; and these By-1-Rws, the 11(Merrt of thc cl),Mgr�594•and'of its T1jV5TFrSj and all matters concerning the poildi;ct alid t•ei;ulatipn of the �4-9tnr.9s of the ; corporation shall be eupject to such prnvi5ion9 in regard thereto,- if r.ny, .as Etre set forth in the Agreeti►ent of Asgaciation; and the Agreemept 'ot Association is ` hereby made a part of these By-Laws. Section 2 Agreement of' Associtition, The re epenpe int ,ese By Laws 0the Agreement of Associatimn shall •gc�nstr.ue4 to meali the A=ment of Association of the corpo.atpq 4a kpm time .to time AftTIC'Lh' Il, OF.FICC AND Sk'ATI Section 1. Office, The aarpgrt�tion ehall hhve ita rinpipll office In the ' Commomvealth of 1'iassacht;settj At Marblehead,! •Massao'husettfj and may have branch offices at such other,place a witj in or witjjqut 1jgssaphu,Setts as, the Trusteei may from time to time appoint, , Section 2, Seal, The corporate .ycnt r'ha11 og11air,;'of a ctrcu'la.r die, bearing the nvpt•c1 and Y,i&} 'ea TTIF WIiEr1TH SCIIROL,, 19.73, T� e form of th+e seal anti the ingrrtptWn theret}pop 1paybo oI}atlAer �x the 'fr"teea aq'any timq. 1 t , t is ~ 3, Ali TiCiY III. • r FISCAL Y1 A)j Section 1. FiscalYear. Fxcept from time to tirne otherwise provided by ` t o �;;,LVA s t11e fiscal a r of 3 a uar is '� t t#j t:pr�I pn shall be t*#uAh,Rea {S1Eie :i.l?t Wt,tkle sµ��t� tpp,.,�«. ,; , . 1•Mff' 1 ! i ' Fill l j1.+.X IV. • CFjFTPFjj,, AND 11111'Iii I!4FCTION Sectit�1, t?fficer, Tho officers of the agrpprat}qn ehpll be a ' President, a Treasurer, a Clerk 'or' Sceretary and a k3pard of not Iless that three nor. more than fifteen Trustees. There may be one or Tore dice-F; :eaidants Assistant Trea$ lrers, Assistant Clerks •or' Secretafiies and olthe'r Officers end Agents, with su.91 duties and powers as the Truste' eq,iri their. diearetinq 1pay. choose and appoint, auGh pfficers and Agents it) each irlst ttce to held office at the piA3sctre of the Trustees , Section 2. Election acid allaibility of officers `t' A T�'u6tees shad be elected annuall b b4 o at the annual mcg t n or. at P} epeoisl meeting Y . :. t held in Mace thereof, or by,the incorporatora int tie Fist Mbeting of the i Incorporators, The Preaidont, Vice-Pres#c�vpf,; Treasurer attd Cleric, for Secretary), shill be elected annually by the.Trustees arid fi orn the Trustees, and on the incorporation of the an,poration, at it$ n•#pettng lmmcdiatsly after' ' it :�eleetion at the First mlBetin pf alae Incorppra ore Tire Clerk (or Secretar.. shall be a reside } , ' r y1 qt of NIPBsachu:�ett9, i do 'i rue ees 'at;d other officers shall hold c`ffice for'bne year atyd 4ultil their s}:ccesSprp are p} psen and qualified, f�:;c.ppt as otherwise prPyided by law, the graemept bf Assoriatiop or these By-Laws So far a is qi atter a p m ib'y . tu A levy i►#1� Q or {nor_ offices may he held by the eaille persntt and any ufffcc:fi i Net © Trustee, Spetion 3 Vacancies, office of nn r gtea'pr" outer ffice. e T .. . Trusteest car atly A ... h • Qmea Y,acat}# by a^easnn of.death•. res t do disqualificatiotj+ 'fie o al j ► i .ta "e, .pj xetircjnQ1. i rl}, Y. fro pffier, or othorWispf 'the jr pi Trusteee+ 1 although less than a 94u.vm; .kilay by m?.4tiriiyaµceessor or successors, who shall: p#ft for tho ync:�l 4`0d tev Itl zee peet of which sGicla vaoatley occu,prea Rt'' Rtt}tl hta e�uceeHyrilt lte �e�p�t'•p �i�d ,,,yyu�lified; Sectin � i • } ,.�• n 4; . Re Hatton: {egf rn�tttrriaq o ,T pstee nr 4 ffiasrs ahalkbe in writing, i{esigna#igtta pf `t'rugtCos H1ial1 to P.effect a� �hg time specified I. and unless otheriyise secfl�f#�. Pceci3#hnco of '#'esint3tih{t`shRll not he necessary to make it Pffsotive; TI)e.resign*q .iope pr;wt'laers phnll talo effec! upon acceptan'es by tate Trustees or h3' t1►e C?s'ficer 4ppGlnting the person restntn . • ARTf CLF yr POWFES OF TRUSTLES _. Cie t s Is • M' b 40 sip. �.q�• � 146 amss' R wsrs 'pf the corpora.tian. Tlip Trustees etre 1 ktavq ths 'gntire managecr4ent and cprtti of pf thq property, business andffiirs of the eornors�to�, itself, 'so far a9 this delec atipn of authority i•y. not inconsistent with the iaw, Without limiting the foregoing, it is ;,rovidua that, subject to the Agreement of AssociaticnAnd By_LaWac the TrustuLls skull have jhe power to fire and alter the powers and duties and cori�pensation of thQ ,several Officers sr}d a.gep 4r the corporation, shall nave !h� porn{er tO crc'nte ,such additionzt offices as they giay deem necessary or proper•and define thU duties xilprepit shall have tha Power to require 'the giving of bond or bonds to tW cotporalti'Rn in an amount or amounts and, with surety or surotie's 5atisfactnry tq the-,Trustees fax the faithful performance of hie or their duties by any s:ich &dditianal affie0r or officeri of" ' the corporation or by any pne,or morn of ita Errtplo�eps, and shall have thy• { power t in behalf of the por•ppration, to acqutrie pr«pperty (real, personal anq mixes), dispose of property And enter into cn tr is arld tg #i the terms o#'aRy such ac isitio r4: Pp . c}�4 n or disposition of prO��urty 9itd of any such epntragts to bgrr.pw :iioney. .ar othervyise. igcr4r indebtvdnvs.s and issue negotiable ar .other obllgatipras of the gorporatioc� thsxQPgr and secure the same by rnprtpgp? pledge, or other lien 'or otherwise upon any part of the thbn attdlgr! futpr.e'property and/or asset# of the corporation The Trustees shall nat receive any compensation t e r Trustees except that t A j' h. i senv}eea is rpgy bo paid at ql usUnatalp feegr expenses foz� attendance at such 4tree010, 1lut4in9 tturein 5h,a}i preeluc}e any Trustee from serving thq cgrP.PrgtiQn in grly ogler capa.aity, rtsrd fiGer, agent, or otheriyis8; SnGtian 2fI dem t of Trustees and offi_ r,•_ern The corporatxort g}} }' ; irtdamnify any aqd 1 q� i s 'Triisieca ,or Otiit'PPpr f Op';n Pr TrusEnes q officers or any persgp fw ng}o. : gr Aa. rl�o t•:t lie n ir! WhiR b �t-'owns pi}R�r'have syd PfieyulTeiyer, uaosnfta'"e' tnirf'ctpr 'Or Offip h ca s1 stock or iah� i in a prcttursRa lls exienspsnctga necessarily incurred by t4011 in ennpocttnti "'iJj the•dppraae ' Pf any ` i. action't suit on prooeeuir}g in; wh 'chthny ; p nry ith parties' ar a partyr by y F94 � trtfri T # 4SUIrnctna oil officerq suylt {�tl}er! anrrinratton► e':cci�t ip xeiritieq tq rt}Ptter9'riM ts� which atii•y ilkcfj Trgstde�- }director or « J, Officer or•former Offictr or person shall he adjudged in .such action, suit or prpceoding to be liable far ni igligencc or misconduct in t}� R performance of duty. Such indemnification shall not be •desrned exclusivp of an' 'othe'r rights to which those, indemnifit-d may �r entitled, under goy 8y-I taws, agreement, or otherwise. t Section 3, Contracting by Trustee9 and Officers, Ip tbe- absence of fraud, no cent qt or gt�l�r tl^ansac, betwe� t this tapir oration .aild a� � ��"'�tf�te�'�f'.;r.�,�,�;� �,`. invalidated by thQ Soot tat aqy Trustep or Officer of t4ip eor.poration is pecuniarily or otherwise lnter.psted in o 'r is a Trus tee of T?ireotor or Officer or metrber of such othbr corpcwtition ox, firnp, nssoci.ajion, or . partnership any Trustee may be counted in deterMining the 'existencp qf. a quorum zit ai y meeting•of the Trustees of this corporation fox the purpose of aut;;,ori¢i•ng any such contract or tratleapttpn with ltke force and effect as i.' he were not sq interested, or were not a Trustee, Director, met•aber or oCf cer of such other' corpprati()n, firm; Assoc#a#ion or partnership, ARTICLE VI, PAWERS"ANA DUTIES QF Cllt+ ' C Section 1. Powers of Officers, Each offtcep shall bavoo in idditit}tl to the duties andpower4 pro" a try these fly-L,a�vs; such dut#es and powers as are comrhonly 'tnc'idettt to his uffice dpd sdch dut#ae arid powgr4 as the Trustees shall fpo6 tinle to tithe datiil;n te, Sec`ioti 2, President afidViae-Preside , The preo$dent shall be the principal exect}tjve,'gfficer Af the c.orpQrgfinp - -•4nd PllbJect tq�the Control of the Txusteeeshall rave general charge anq rriaf�ag�rnent n# the businose affairs and property at to trprpnratinh,. FIv :'brill preside at alt �neetings of the Trustees at WhiF� 40 is {trpgpnt, The Vtce-president, 1f` 4ny, mtiy perforrp the dj ttes s94 At}all have the powers of the preside t during the tthyenep or disngillty of the Preside n$; t;nless the autttovily bf the vitt=-pre•sidellt a p'.J he exprosaJy ippreasesl or Iitnited by the Trusteesr . Section 3' Treasurer and AssiRtctttt Treasterers, 'i'O:7 ransurer ,rltall, subject to such regulations ay tlw Tx!ustvtta'ntay-�'ror4 Eire to foie adopt, lave = . supervision offer.tt�a ;inanci l epitcet�n9 of t.Ilf3 pgrpo{raijonl ppkk,er,' fpr asl to the K t bo t ptY fi t»ti tim.• tp ttK3'!. •' Gucl} Amounts of � t n�tttle of the cnrjlo>�;atiq►l,. R .: f" , e e+ looney as mpy Ids %14MO npGF'"9al�y fttr the purrc.}rtt nepds �?f thg Gnrporntiorl ill the transaction of its bustnv�K" alld tit love as Oidellee ti){'reof a note oe notes 4 ti a:3 = ` �1 =C �i "1Tizi ti'a� v. .9 �iFfl �:it An I,, tI";�':�] tYl�+�^}'�, X52�)f?:S, X'•".0^+�,.y3+ dib�i^�t^nems, 9eAurities and volt?able psl$er or documents rf tli^ oorpar3tionf >wxccpt his �)wn bond, 1f any, ane excoPt 0 liereiq otherwise prpvidl.a. He shall, or ouch person or persons as tie, in••wr#ting may from time'to time designate, have pgvwep to •epdorse for deposit or collection all notes, ch4cka, " drafts, etc„ payable to the Corporation in and tivith such deposifaries•as the ~,Trustees shall from time to fir determine, And to aepept drafts on behalf of the catperat ori,'.. #e shall 4vop or cause to be kept accurate'booke of aecoult Velatoj tq the mopeyy@ g"4 I1napoial ,affairs 64 th,e earpp�, tfan witc h sh l alar ! e ppen to inspection Af ttje 'fru Mees during ttsul btlpin@aa hpufii ,, apd render an account of the tinanclal ponditiun of the pprpprA4pn 40 pt.all ' his transactions as Tr•easur`er to thepreriideiit'or•to the T' k6 whenever required and shall make and submit a li4e report for the laat f#sel year at the 'Annual Meeting of the Trustees, The Treasi re,r c>Tay be required to give boO for the faithfµi herfprtngncp of hiti c HULI°s in gus=h p.yrp an4 wit k} @ych securitiss as the Trustees may prescribe; F Ir L f : ` 1 1 7, TO , rsistant Treasurpr, if any, may perfnrm the duties and shall haye the e the Trea - during tile bsuiice (.);, (lis lit of toe Z ed9vrer p4tiv rs of �y�er.du i..f, t 1 ut abi y #� r , unless the'authority 'af such as4istant Ti oasurLl shall be exp{ eesly i�creassd or Itmited by the ; Ik Trysteee Section 4. ' Q%rh and Aasistagt Clarks. The' Clerk s}ta}Z attend 4ftd 1€eep t 'records of the mautln s Vii' thF'Y'ruaicita. irl bagkti keit ;h 1hp 'pr1rLp. pitl office of the corporation, which books shall be ppell to the 11tape #t nn pf`arty Trustee at any reasonable time nr times, Ife shall be a resident of the" Corrimpnwaalth of Massachus,tts, lie shall call mvotin�s (,t' tilo 'l'rustees at tl}e tines =ind in the manner hereinafter provided, The (:l�i-k 9}iall'be. Nworn each year to the faithful 14i3charge of his duties anti aj recoj•d of thr )at,h with the evidence tllerenf 0411. be made by him unon the records of the corporatip.p. In his absence and In the . �. Pbsence of the Assi.tant Clerk, if there is one, frorri any meetfng, .'a Temporary Cleric shall be appointed at the njuating to record the proceedings thereof, and said Tnmporsxy Clerk sh411 ire sworn to the faithfu} perform.4j1pe of his duties, The assistant Clerk+ if qn�►, lYa y Perf�F ril the t1�lties anq }.ave the polvers of the Clerk during the absence Ar .gfsability' of tile Ciprl:, un}es$ thQ ' uthprity of the Assistant Clerk shah be expressly limited by thq J'r'uateest 'and shall have the sante power as the Clark to give notices of mpetins pf Txustees r ` �ATICIZT vtI, EXECUTION OF INST1iUMPNTq Section 1. Sealed Ir}struments, Sealed instpuigenta, }npluclipg su;ah as are recited to be sealed ar"givat► uncle r seal, or iptended t4 take efi'pet ar, a sealed fnstrument, sita1l be exectµted by nititer 'ih F'resitlent or the Trnaglzrer, gectlnn 2 instruments not tlpder_Sc!al, Deeds, leasr:st fz}ortga es, contracts, assigntnent9 b i' - allc other instr a is wfjen t1Rt under seal; and checl',s, drafts, apceptAnce.s, 11rc,mfssni,v gntpa, "kiills'af er4hange, crde.t^a for.the paymunt .nf, mangy Ant} gthur n€'94tialile instl p,jop}.4 f�hatl be executed either by'tlt'ev Presidep or`'t}in I e*isurcr; ' 5 Section 3 ot�ier o the nerd of • .rt;ateiis In Pdgat' n Executio of . _ cases _ au t 1 Instr st c�r� 4n rr� .v ..t � t't .1 r 7 y • umenta The Haar p . ru t- g .} . � authorize or require any in trt4int-Pt OF. itt tctarl}t�ntw3 'a he P:K"HtPd 1n some r7?Rilner other than that'presGl'ibed per $stat}i�{ls.l ;anc� ; ur tliP. >1't9e VIII and to such cafe► such instrument at* ipst{�4 ante shalt lig eIm,0, tctcl il] apogrdanFe �,yith the action of the Board of Trustaemt i R W :kCIEst. 1973OL EXHIBIT I BOARD OF DIRECTORS Name/Address Areas of Expertise President/ Education Frederick Work 131 Atlantic Avenue Cohasset, MA 02025 Treasurer/ Business Arthur Stickney 1 Thomson Square Boston, MA 02129 Secretary/ Law Donald Koleman, Esq. 328 Essex Street Salem, MA 01970 Marjorie Kittredge Education Windrush Farm Brookview Road Boxford, MA 01921 Wayne M. Demers Education/Executive Director 85 East Street Middleton, MA 01949 George Muller 38 Monza Road Nashua, N,H. 03060 Education y:. 85 East Street, Post Office Sox T, Middleton, Massachusetts 01949 Administration(508)774-6116 • School(508)774-6111 Residence(508)7743294 r_RTRRYE..,ArFLF.T USE EXHIBIT J The philosophy at the Wreath House addresses the three basic components of a youngsters life. . ."Social and Emotional development, Family Life, and Education. This philosophy has evolved in accordance with our experience with, and understanding of, the types of clients in our care. The Wreath House believes very strongly in the sanctity of the family unit as a whole, and treats its' clients accordingly. There are no less than eight(8) hours per week devoted to interpersonal skill building through the use of therapeutic support groups. Such groups deal with the issues of, assertiveness training, safe con- frontation, leadership (as taught in the community meeting) , and appropriate familial interactions (as taught in the family process group) . Each client at ,the Wreath House is also assigned a case-worker who meets individually with his/her client on a weekly basis so as to give more in-depth instruction in these areas. The Wreath House staff also provides training/education for a nuber of different social issues. Some of these issues include but are not limited to values clarification with a focus on the values of honesty, integrity, responsibility, and a keener aware- ness of self. Other social issues which are adressed are substance use/abuse, human sexuality, and relationship building. The Wreath House also teaches through group process and appro- priate role-modeling, the skills necessary to daily living. These skills include thing such as; meal planning and preparation, food shopping, house cleaning, personal hygiene, health, clothes shopping, money management, job search skills, and job behaviors. As mentioned above, the Wreath House firmly believes in the --- - family unit as a whole, and all of the skills and techniques- used at the Wreath house are geared towards facilitating the reintergration of the client to the home. 89 East Street, Middleton, Massachusetts 01949 • Telephone: (617) 774-3294 �1 EXHIBIT K COi•li•OW—JL•ALTII OF 11-MSACHUSETTS 'ESSEK) ss. SUPE1IOR COURT No. 990 NORTH SHORT: ASSOCIATION FOR R TArIDED CHILMN, INC. VS. JOSEPH F. DOYLE, et al. FINDINGS OF FACT, RULII.GS OF LAW AND ORDER FOP. JUDGME14T - On the basis of a statement of facts agreed upon by the paries in the above entitled action the_court makes the following findings of fact: 1. The plaintiff, North Shore Association for. Retarded Children, Inc, is a non-profit, charitable Co_poration, duly established and subsisting by virtue of the laces of the Cow. .on-uealth of Massachusetts, with its principle place of business at 252 Jefferson Avenue, in the City of Salem, Massachusetps, having been incorporated under the provisions of General Laws, Chapter 150, as amended. 2. The defendants , Joseph F. Doyle, William F. Abbott, John AI. 1 Gray, Sr. , Arthur I.abrecque, 'Emery P. Tanche, Jr. , and Donald Koleman, are the duly appointed rInbcrs of the Board of Appeals 1 foB. r the City of Saler., Massachusetts , and the dctendznt ,. Joan j rowers, is tlic duly appointed Building Inspector for the City of r' Salem, Nassachusetts . . 3. The defendants , Lorraine ISI. Gorski, Donald J . Martin, Marmueritc martin, 'Normand 0. liorneau, Rita 'rSorncau, George Il. Wallace, Marguerite D. Wallace, Clara Levine, Marie Voisine, Armand R. Blais , Gerard J. Verrette, Lucille Verrette, Henry L. Ouellette, Vivian Ouellette, Paul J. D'Amour, Phyllis E. D'Amour, Arthur J. Lajoie, Theresa Lajoie, Abraham S. .Jacobs , and Hilda E. Jacobs, are abutters to the plaintiff's real estate, located at - 28 Linden Street, Salem, Massachusetts , who are affected by the determination of these proceedings. 4. The plaintiff's Executive Director is Mr. Paul G. Mansur, of wanham, Massachusetts. 5. The plaintiff, on August 28, 1974, purchased a single-family dwelling house, located at 28 Linden Street, Salem, Massachusetts, and a copy of the Deed of purchase, setting forth' a description ,.of the real estate by metes and bounds, is retarded with the Essex South District Registry of Deeds at Book 6094, Page 383, showing the ournership in the plaintiff f 6. The plaintiff acnuirev the subject real estate at 28 Linden Street for the purpose of establishing a "Group Residence" to accomodate and provide living facilities for no more than eight M , mentally retarded persons and at least three (3) resid=nt managers and suparvi.sors , the said real estate to be hereafter referred to as the "Croup Residence." _2- 7. The funding fog' i:i1e operation and main-L. of the Group Residence in gjicstlon shall be obtained from the Coi^,:iloa^wcaalth of: Massachuzetts, through its Department of ;•ient:al Health, b zr�ny of a cantractual grant. 8 . The real• estste, and thIc buildings thereon intended for use as a Group Residence, located at 28 Linden Street, Salem, . Massachusetts , are, according to t11c Zoning Map of the City of Salem, Massachusetts , located in •a R-2 (Residence 2) , Zone on said Zoning Hap. 9. The Zoning By-Lata of the City of Salem , 14assachusetts, Uhich is in question in this complaint, became effective August 27, 1965, as ariended. 10. The plaintiff, through its Executive Director, Mr. Paul- G. Mansur, applied to the Salem Inspector of Buildings, Mr. Jo'_in B. Powers, for a perait to use the single family residence, located at 28 Linden Street, Salem, Massachusetts , to house no more than eight (a) retarded children and at least thr (3) resident managers and supervisors and the permit was denied and refused on the basis that such a use was not permitted in a residential district. � 11. On July 10, 1974, the plaintiff, through its said Executive Director, filed an appeal of the decision of the Inspector of Buildings to the Board of Appeals . 12. On July 29, 1974, after dile notice and publication having been made , a hearing was bad before the Board of Appeals- of the City of Saler; and, on October 24, 1974, the decision of the Board -3- .a,a, C Y ,2 C Y OF L L .0111.1. G Cl.IlCn O this Lwn� h�ing ILL-RdIC'd to 01c' l•�._M.nlaliIt. ; 13. 17h-a said Board of Appeals, in c? , yi.ng ti:c Special Pc=it requested by the plaintiff, sct forth as iLs reason that it I-,as WiLhout authority to o aat Liza 'Special Penalt requested by the plainLff.. 14. TI-ercafte., plaintiff brxar,it this action in Superior Co'W t to Chal?eagA the decisicn of the Board of Appcals imder G.L. c. 40.1, §21. Plaiaztif-Ps com-pli int was subsequanu ly a„manded to nclude a prayer for a declaratory ]L'dC' -ant under G.L. c. 231?.,§1, that Salem's zoning ordinance was inapplicable to the Group R-�sidenca. 15. The child-:en living at the Group Residence would be enrolled in the local public schools under Chapter 766, known as the Massachusetts Comprehensive Special Education Act. On the basis of -the parties' stipulation regarding evidence —thatwoulZ_Ia a been_admitted_.a r-rial_of the instant action, the court makes' the following additional findings of fact: 16. The 14assachusetts Department of :Mental Health through a concept known as "normalization", has undertaken to return to community living certain qualified retarded persons, residing in the state school facilities of the Commonwealth, through a proaram of establishing many small Community Residences, and the Group Residence in question is such a Community Residence. - 17. The concept' of 14ormalization is the contemporary approach to the delivery of services for certain. retarded Persons, deemed to be required by the studied needs of mentally retarded persons, it having been professionally deter-mined that such Community Residence Programs would provide a better quality and improved life style for such persons. -4- 01`,:1.A C. (;;1;? (1-1 Oi :i( rti_re:: tllt'OI'-,^J CO 'r• 1^-1 1. Y Re 'di' nce ProZ;1^aTas iS accomp is',t•tT by a Contract, act, bL':`.1':CC?: `v l•. I,25:ic::'.^.l:aCLt:i Iien?rtm,:zit of [.:.Intal Health and the ap 31'Ov :l spo^.zorin- entities of -.uc:1 nror,:'= E'unerVIzIon and ct)n„rc: of such pl,o,�r ms is retaincd by the Na_sachusetts D=- :..._n o_ 1f:�1 aa_ It:, in accrr•. a?lce +::1 its ref;ulatlons _nd s t_n.4a* ds of care . The LeDaT•tT',zn t al:o establishes special formai Y%c-uir.e e'n`.s for each T`enident of a CoTxnunity Residence ProZ;ram. i9 . The establis'ned official policy of the Massachusetts c:+usetts Department of Nental health prescribes establishment of the Cor1T_-runity Residence Prol ra 1 in general , and requires the return to the community of all those rer_tally retarded persons capable of such afi u-nderta' ins. wether, established policy requires such a Coln— mun ty ?yes=!ince Prograi: to pr�v:ide continued education of retarded pa2':,O?:S Ylti'.0 ^?Side irl 5T1eh 3 Cort:nlrity Residence ir_'1he ever,4► clay —� self-halo skills of dressing, personal hygiene, cooking, house cleaning duties a,d all aspects of living; in a family grouping. -Said policy ' furthe'i recuires that residents of such a Community Residence be educated in liv nt; ;n society with each other, as mer.bers of a family In P. ho-me type enviro'nrAent, and requires the. education of residents in silch a Cu_,,ur:it:y Residence irogrol to 1^arn generally to go to and from, end attend local schools, to learn to rraake purchases from S atoms, to lcarn to travel in the cor1;•luni ty f_^oTil peace to plane, to t learn to pla, amoria themselves and t•Iith other children in the com:.U.—ityf, to _earn to sect, and obtain gainful er^ployment and to learn to travel from their residence to their place of study or 20 It is the established official policy of the ;tassachusetts D partment of Mental Health, as part of the Community Residence Program, to make available education for reCzrdcd persons , in every a::pcct of .community living in a residential family setting, as part of the process of individual dove Iop-men t and as a form of continued habitation and to remove such qualified mentally retarded persons from the burdens of a primarily abnormal custodial environment and to provide generally, for as many mentally retarded persons as possible, the least restricted type of life style, which life style has been deemed to be the most productive form of learning experience. 21. The concept of Normalization, under the Community Residence Program of the Massachusetts Department of Rental Health, encompasses ./ �a "complete educational process, rather than a custodial residential i� program. 22. In addition to funding by Department of Mental Health contractual grant, Community Residence Programs are further funded by charges for room and board to the residents, those residents being from State Schools for the retarded and receiving assistance through Foster-Care Placement Grants from the State School Community Placement Program: 23. The in-residence progrhm for children in any particular Community I:esidence includes general training and development for ,each resident, according to his particular need and according to , -6- :j.s particuj jr )cr%,-'.cam h17n, gnCCl.11 Lru7.111i1F+, 3�y "ProF.es:i:.finals for ezc10 resident . in speee.L r;j, occupzCional ttlerrlpy, .1udiuJL:;L'at ther�IJ ' , I y, gSYClt()lOrn1Ca1 counseling and psychiatric _ counseling, recreation programs and work assignr,iants in the honCi. 24. _ The State Schools for the Pccarded determine the �eliry i l.bil_t�• J standards for placement in Cor1lunity Residences and screen candidates for placement through thcir professional staff_ 25 A resident eligible forlacen�ent in , a Communit P . y ResiOence rrogram. does not require any special medical care or. treatment 1 more than xv.ould be normal and usual for any child residing in .an ordinary family and the children selected for placement are ;5 generally .pliysi:ca.11y sound, ambulatory and without any special Physical handicap, - K wj i -7- r� • �r� Hi�!IMS 01F LAN f On the basis: of the foregoing; facts ,- the court- cakes the follocain, rulings of lmr: 1. G. L. c. 40A, §2, provides that "no ordinance or by-31aw waich prohibits or limits the use of land for any educational purpose' hick is public shall be valid." Trus , a zoning ordinance irhich totally prohibits use of land for sectarian educational purposes is invalid. Attorney General v. Town of Dover, 327 Plass. 601 (1951) . Likewise, dimensional requirements set forth. in local by-laws which virtually nullify use of land for educational purposes cannot withstand a challenge under G. L. c. 40A, 52. Sisters of the holy Cross of Massachusetts v. Town of brool:line, 347 Pass. 486 <1964) . ~ 2. The case of Radcliffe Collegev. Cambridge, 350. Mass. 613 (1956) ; is distinguishable from the instant situation because in that case "the Cambridge ordinance . [did] not impede the reasonable use of the college's land for its educational purposes ." 350 I•iass. at 618 The ordinance in Radcliffe Collene reasonably regulated a secondary function of. the educational institution without unduly inhibiting use of the land for its ilztended educational purpose. Here, danial of tie requested special permit, or grant ' of a special permit within the limitations of Salcn's zoiiinrr I� _S- ui Iai,cc ,\l :olllc: c:fi ccCSvCIy r:i.i.iZi1l:1tc yiztiilL i.l i ' s ill i:e.lclecl ':1w C: U{: the land by makillg it ccol,Aiiically unfeasible ._ r - 3. "ihc terra "educational purpose" should be i.nLcr,lreted according to the common and approved usages of tae language vithout enlLrcrement or restriction and without recrard to the court ' s ov,rn conceptions of e;;pediency, Cf. I:urz v. Board of Anpeals of North Deciding, 341 I•Iass. 110, 112 (19606) . " [l]lt a broad sense, anything to"l,t might- be considered, to a greater or less degree, educational." Id. at 113. . And, admittedly, the concept of "public educational purpose" is a "broad" one. City or Uor.cester v- New >;n and Institute, 335 ;`lass . 436, 491 (1957) . In one instance, the Supreme Judicial Court declined to decide whether the teaching of ceramic classes by a private enterprise was an "educational purpose." City of Chicopee v. Jal:ubowski, 348 Mass . 230 (1964) _ However, in a different context, the court held that "the teaching of the various types of dancing advertised by the plaintiff, with the possible exception of the classical ballet," .ass not an "educational use" within the meaning of local by-laws. Kurz v. Board of Appeals of North RReading, 341 Mass. 110, 113 (1966) 4. Mount Herman Boys ' School v. Town of Gill, 145 Mass. 139, 146 (1387) defines "education" as follows : Salem Zoning Ordinance, Section V, Par. B-3, relating to special permit uses for R-2 Districts , all.ovs special permits for "rooming and boarding; of three (3) or more persons , not to exceed a total of six (6) pel:son.s . " The permit requested t u by lainti.ff would gral1L c:,nissi.on to have eleven or more ulrclaLed resideracs in Lhc 1/ P:ducaL•ion is a broad Y and co-prebensive term. _ It has bean defined as "the process of developing, and training the ho:rar; ane'. canabilitic- of Littman beings. " do educate, according to one of Web.^.ter' s dcfirit:ion, , is "to prepare and fit for any calling or business , or for. activity tend usciul.nesa ed life. " Education may be particularly directed to either the mental, i:ioral, or physical powers and facilities , but in its broadest and best sense it relates to them all- See also, Filack' s Late Dictionary (rev. 4th ed. , 1968).. bore recent definitions might describe education as the act or process of imparting knowledge or skill through systematic instruction. The � • aRe . American I?eritagre Dictionar o�t the English Language (1 73) . 5. The selection process for the Group Residence, the avowed I purposes of the Community Residence Progratr of which the Group, ---T.es -donee--is-axt-r-and-theme-'tom=e .of instruction conducted in <. the Group Residence coalesce to make irresistible the conclusion that the Group Residence serves a dominantly "educational purpose" vi.thin 'the meaning of G. L. c. 40A, t§2. The fact that members of the Group Residence may receive supplemental training in local public schools pursuant to St. 1972, e. 766, does not detract from this conclusion. 6. Plaintiff is a nor.-profit charitable corporation seeking to fulfil! a contract with the j:;assachusetts Department o£ Meatal Idca;.th rehich Cfl11s for the "normalization" of certain retarded persons . Since, in addition, the principal funding Of the Community Residence Project is Afro . —at public sources and the selection of persons for gid^ issi oar to the program is done by a public authority, -10- _ J - ; 1 ed'icatio:+1-1 purposc which the proposed Group Pe.sidence will serve is unc:oucLcdly "public" within Lhc mcaning of G. L. c. 40A, 92. Co^Dilre C].i:Lo[ Worce..scery. I!ow Enfil ,"Id 1115t:it'ute, 3353 Mass . 486) (1957) (pro:noLioll of voCatiCMLIL cducation by a privato non-profit institution a "public" purpose) with City of Chicopee V. .Ian ubm•Tski, 348 I•lass. 230 (1964) (cerainic classes given by private p.ofi'_-ru:king enterprise not a "puolic" purpose) . 7. The Board of Appeals did not exceed its authority by refusing to grant plaintiff a special permit for the requested use. In fact, given the zoning by-labs cited in note 1, the board had no authority to grant such a permit. Therefore, the decision of the board shall not be. modified. See, Sisters of the Holy Cross of Massachusetts v. Town of Brookline, 347 Bass. 486, 499 (1964). i . 8. However, this court has authority to grant declaratory relief pursuant to G. L. c. 231.k. §1, becAuse an actual controversy exists concerning the use to which plaintiff' s property may be put. VTood v. City of Newton, 349 Mass. 373, 208 P.E. 2d 511 (1965) ; De Hatteo Const. Co. v. Hoard of Appeal of Bingham, 1975 App. Ct. Adv. Sh. 1055, 1067 , n. 9, 334 N.E. 2d 51, 56, n. 9. 9. Judgment shall therefore be entered declaring that the Salcm Zoning Ordinance is inapplicable to the proposed-Group Residmice insofar as it prohibits occupancy by More than two persons xiho : are not within some degree of kinship.because tae proposed use of the Group Residcnce is for -Lt "ect:cztional purpose zahich:.is., .Public7' within F tl2ry P aa^L of C.L. C. 401, V... :12sj): ;march 2r, 1976. John Paid Siilli•:arz .ec7f ti i'57ti1.Siill:w<<:� Ju-Lice of the `=c:perior Court I t H AOOL ' Est. 1973 INDEX OF EXHIBITS A. Names and addresses of owners. B. Copy of G.L. c. 40A §3 C. Copy of State Building Code Commission Section 424.0 pursuant to the definition of a Group Residence. D. Internal Revenue Service Notification of Tax Exempt Status. E. Commonwealth of Massachusetts Certificate of Exemption. F. Copy of the Commonwealth of Massachusetts Department of Revenue; Determination Beureau; Non-profit Corporation Unit. G. Wreath School, Inc. Articles of Organization. H. Wreath School, Inc. By laws. I. Copy of the members of the Board of Directors of the Wreath School, Inc. J. Statement of Wreath House Philosophy. K. North Shore Association For Retarded Children, Inc. vs. Joseph F. Doyle, et al. L. Case: Fitchburg Housing Authority and Another vs. Board of Zoning Appeals of Fitchburg and Another. M. Copy of letter from D. Robert Nicetta, Building Inspector, to Mr. Shaun F. Donahue dated January 17, 1989 I 85 East Street, Post Office Box T, Middleton, Massachusetts 01949 Administration(508)774-6116 9 School(508)774-6111 • Residence(508)774-3294 SCHOOL Est. 1973 VVRFATH EXHIBIT A. List of property owners Gregory & Elizabeth Cofcia 21 Littlefield Court Haverhill, Ma. Micheal & Mora Shunney 2814 4 Pines Drive Kingwood, Texas K. Douglas Wright 196 North Street Salem, Ms. Walter & Korine Johnson 64 Linebrook Road Ipswich, Ma. B t 85 East Street, Post Office Box T. Middleton, Massachusetts 01949 Administration(508)774-6116 • School(508)774-6111 • Residence(508)774-3294 SCHOOL Est. 2973 EXHIBIT B F Massachusetts General Law (G.L. c . 40A §3. } states : No zoning ordinance or by-lay; shall regulate or restrict the use of land or stuetures . . . for educational purposes on land owned or leased . . . by a non-profit educational corporation. The Articles of Orginization of the petitioner dated September 21 , 1973 list as its corporate purpose , among other things , the provision of " educational programs for children requiring special learning experiences . " The school operated by the petitioner is approved by the Massachusetts Department of Education as a 1. Private Special Education School to serve publicly funded students "pursuant to 603 CMR 18.02, and is a member of the Massachusetts Association of Approved Private Schools. The petitioner is therefore a Non-profit Educational Corporation " within the meaning of G.L. c. 40A §3. 85 East Street, Post Office Box T, Middleton, Massachusetts 01949 Administration(508)774-6116 . School(508)774-6111 • Residence(508)774-3294 rM NO r 4OA § 3 CITIES, TOWNS AND DISTRICTS nor shall theyrohibit or unreasonably regulate the expansion or re- t p y I iht.197i, c. Cf, construction of existing structures thereon for the primary purpose of t added the fourii agriculture, horticulture or floriculture, except that all such activities prior or Laws: may be limited to parcels of more than five acres in areas not zoned F st.19201 C.f,01 for agriculture, horticulture or floriculture. For such purposes land _ SLIM,c.]1e divided by a public or private way or a tvaterway shall be construed t G.L.1032 (Tc: as one parcel. No zoning ordinance or by-law shall exempt land or T st.1933,c.261 structures from flood plain or wetlands regulations established Pur- st.1941,C.32.' St.]930,c.32: scant to general law. St.1952,c.4W No zoning ordinance or by-law shall regulate or restrict the in- G.L. st.1 CoA. : 195a,c. terior area of a single family residential building no shall any sueh drdinance or be-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposps on land i improvement owned or leased by the commonwealth or any of its agencies, subdivi- notice require sions or bodies politic or by a religious sect or denomination, or by I State bnildinF State sanitary a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concern- ing the bulk and height of structures and determining yard sizes, lot Additions u area, setbacks, open space, parking and building coverage require- forming uses. ments. Lands or structures used, or to be used by a public service Annual sura corporation may be exempted in particular respects from the opera- College,P.I= tion of a zoning ordinance or by-law if, upon petition of the corpora- Aamini13ar (]909)S2 Aar tion, the department of public utilities shall, after notice given purse- ant to section eleven and public hearing in the town or city, determine - regulstio p g in- regulatio the exemptions required and find that the present or proposed use of Gadsby, 2 Al. the land or structure is reasonably necessary for the convenience or i Boston Colier welfare of the public; provided however, that if lands or structures Aesthetic used or to be used by a public service corporation are located in more lice poxer• than one municipalitysuch lands or structures may be exempted in els. particular respects from the operation of any zoning ordinance or by- Aesthetic 79 gatvard law if, upon petition of the corporation, the department of public utili- ties shall after notice to all affected communities and public hearing Aesthetics Slassachure: in one of said municipalities, determine the exemptions required and 43 afass.L Q. find that the present or proposed use of the land or structure is rea- Amendato sonably necessary for the convenience or welfare of the public. districting: zoning polis No prolision of a zoning ordinance or by-law shall be valid which 1467. sets apart districts by any boundary line which may be changed with- Amendm£ out adoption of an amendment to the zoning ordinance or by-law. and G.Huh Lax,Bosto: No zoning ordinance or by-law shall prohibit the owner and occu- w,BMW pier of a residence which has been destroyed by fire or other natural lug: Prese* holocaust from placing a mobile home on the site of such residence aesthetic and residing in such home for a period not to exceed twelve months wmmodatc while the residence is being rebuilt. Any such mobile home shall be 8 Suffolk t subject to the provisions of the state sanitary code. uses. Fr, Added by St.19;5.c.508, §S. Amended by St.1977,c.860. `< 16 . r F EXHIBIT C 780 CMR STATE BUILDING CODE COMMISSION 422.2 Air support structures 422.2.1 General: Air-supported structures shall be constructed as required by this code and in conformance with accepted engineering practice and the Standard for Tents, Grandstands and Air-Supported Structures used for Places or Assembly (NFiPA 102) listed in Appendix B. 422.2.2 Conditions of permit: A temporary permit or a permanent per- mit, with the following provisions, shall be obtained from the building official for installation of a period of time as determined by the building official. A permanent permit shall be issued for a period not longer than two (2) years, with the added provision that the owner of an air struc- ture shall submit a certified inspection record to the building official upon .renewal of said permit. This certification shall verify that the structure has been inspected and serviced by a qualified service organization. 422.2.3 Location: Air-supported structures may not be erected within the fire district for a period of more than twenty-four (24) hours unless such use is reviewed and approved by the fire official, and they shall be subject to any condition of use and protection as may be determined by the building official. 422.2.4 Approved type: Air-supported structures shall be of an ap- proved type and shall have evidence submitted that the structure satisfies all structural and fire safety requirements as indicated in NFiPA 102 listed in Appendix B. SECTION 423.0 PARKING LOTS 423.1 Parking lot offices: The construction of parking lot offices shall comply with the fire limit restrictions of Section 302.0 and Section 56, Chapter 148 of the General Laws. 423.2 Protection of adjoining property: A substantial bumper of mason- j ry, steel or heavy timber shall be placed near all interior lot lines to protect structures and property abutting the parking lot. I SECTION 424.0 GROUP RESIDENCE 424`.1 Definition: A group residence is a premise licensed by or oper- ated by an agency of the Commonwealth of Massachusetts or subdivision thereof, as a special residence for those who are capable of self-preser- vation in the following categories: 1. not more than twelve (12) unrelated persons between the ages of seven (7) and fifteen (15) years of age inclusive; or 2. not more than twenty-five (25) unrelated persons, sixteen (16) years of age or over; or 9/1/80 167 780 CMR STATE BUILDING CODE COMMISSION 3. a combination of Category 1 and 2 above consisting of not more than eighteen (18) unrelated persons over seven (7) years of age calculated at the rate of two (2) such persons, or portion thereof, from Category 2 being equal to one (1) such person in Category 1 all in accordance with Table 424. Note: In determining the classification for proposed use, group resi- dence shall not be construed as being similar in any way to a multi- family dwelling, two-family dwelling, boarding house, lodging house, dormitory, hotel, school or institution of any kind. For building code purposes, it shall be treated 'as a single-family residential building. Table 424 F 12 q14 8 7 6 5 4 3 2 1 0 0 8 10 1� 13 141 . 1 15 16 , 17 25 kiax mLun Resider Total 12 16 17 18 18 18 18 18 i 18 25Residents 424.1.1 Special definitions: For the purpose of Section 424.0, the fol- lowing terms shall be defined exclusively for use with group residences: Self preservation: Having the capability, both mentally and physically, to take action to preserve one's own life. Specifically, to egress the building within two and one-half (2 1/2) minutes. (Reference inspec- tion procedures in Sections 424.7 and 424.8.) w Egress: A continuous unobstructed path of travel from any space in a building to the open air outside at grade. Principal means of egress: The primary choice of two (2) routes normally used by occupants to enter or leave a building. Escape route: To reduce the possibility of entrapment in the event that the principal means of egress is blocked by'fire or smoke, an escape route shall be available which performs in accordance with Section 424.8. In an existing building where a second means of egress is physically impractical from above grade floors, any proven, usable path to the open air outside at grade shall be deemed acceptable, including but not limited to connecting doors, porches, windows within six (6) feet of grade, ramps, fire escapes, balcony evacuation systems, etc. Authorized inspectors: The state or local building official having juris- diction and a representative of the licensing or operating agency having jurisdiction. 9/1/80 168 780 CMR STATE BUILDING CODE COMMISSION Room: See definition of "Habitable space" and "Occupiable room" in Section 201.0. 424.2 Existing buildings: These regulations shall apply to existing dwelling units which are to be converted to a group residence, notwith- standing Section 106.0 424.2.1 Height limitations: Existing buildings, of Type 4B construction, greater than two and one-half (2 1/2) stories, or thirty-five (35) feet in height may be allowed to be used (as an exception to Table 305) as a group residence. 424.3 Plans and specifications: Plans shall be filed with the building official having jurisdiction in accordance with Section 113.0 for any build- ing to be constructed as, or altered for use as, a group residence under Section 424.0. The floor plans shall show all rooms, spaces, closets, } doors, corridors, windows, stairs and stairways, hazardous vertical openings and the location of all required fire warning equipment and proposed fire suppression equipment. 424.4 Hazardous contents: Any contents which represent a fire hazard greater than that which could be expected of ordinary household furnish- ings, shall not be allowed. Storage shall not be allowed above the second floor. 424.4.1 Interior finish: Only Class I and Class II interior finish materi- als shall be allowed in the principal means of egress. In refinishing any other area, material having a Class III flame spread rating shall be al- .lowed provided it does not decrease the existing rating. The smoke contribution rating of any material shall not exceed 450 (see Section 904.0). 424.4.2 Exception: In existing buildings, the required flame spread or smoke development classification of interior surfaces may be obtained by applying approved fire retardant paints or solutions to existing interior surfaces having a higher flame spread rating than permitted. 424.5 Egress: In existing buildings there shall be one (1) means of egress and one (1) escape route serving each floor, remote as possible from each other and leading to grade. The stairway between the first and second floors, if unenclosed, may remain unenclosed to preserve functional and aesthetic requirements. In new construction, two (2) means of egress are required in accordance with the One- and Two-Family Dwelling Code, and stairways above the grade floor shall be enclosed with one (1) hour fireresistive construction. 424.6 Fire protection systems 424.6.1 Hazardous vertical openings: Openings to such spaces as laun- dry chutes, dumbwaiters, heating plenums or combustible concealed spa- 9/1/80 169 780 CMR STATE BUILDING CODE COMMISSION Note: The occupant or the building may be at fault; therefore, the system has failed to perform adequately to provide life safety and is, consequently, unacceptable for that occupant. 424.8.3 Other tests: Other tests are not necessary and shall not be required by the building official. It shall be the responsibility of the residence manager of the group residence to provide immediate suitable accommodations elsewhere for any occupant deemed unacceptable by the building official. Each occupant must be certified at regular intervals but not less than every quarter at the group residence by the licensing or operating agency. The building official may require an inspection at his discretion when he feels that either the building or the occupant may not conform. 424.9 Certificate of occupancy: Any certificate of occupancy issued for a building intended to be used as a group residence, as defined in Sec- tion 424.1, shall become invalid if the premises have not been licensed or authorized by an agency of the Commonwealth of Massachusetts within ninety (90) days of the date of issuance of the certificate of occupancy. SECTION 425.0 MOTELS 425.1 General: All buildings and accessory structures used as motels shall comply with the requirements and limitations of this code for the occupancy and use for which they are designed and as herein specifically required. 425.2 Garages: Garages when attached to motel residential buildings shall have the interior faces of all walls, when not of approved masonry construction, and the ceilings protected to afford one (1) hour firerests- tance rating and all connecting openings shall be protected with approved three-quarter (3/4) hour fire doors or their equivalent complying with Article 9, or with one and three-quarter (1 3/4) inch solid core wood doors. Roofed-over passageways may be used to connect garages to dwellings if protected with one (1) hour fireresistance rated construction. 425.3 Required exitways: All exitways in buildings more than one (1) story in height shall be constructed of one (1) hour fireresistance rating and all stories above the first shall have at least two (2) means of egress complying with Article 6. All exitways from residential quarters shall lead to open spaces not less than twenty (20) feet in width which provide direct access to public streets or highways. 425.4 Driveways and parking spaces: The arrangement of driveways and lanes shall provide adequate access for emergency vehicles. SECTION 426.0 RADIO AND TELEVISION TOWERS 426.1 General: Subject to the structural provisions of Section 715.0 for wind loads and the requirements of Section 925.0 governing the fireresis- 9/1/80 171 i 780 CMR STATE BUILDING CODE COMMISSION tante ratings of buildings for the s and t support television P rt of roof ision towers shall be des igned and constructedo aseherein radio vided. Pro- 426.2 Location and access: The towers shall be so located and equipped with step bolts and ladders to be readily accessible,for inspection pur- posestreet ors. Guy wires or other accessories shall not crass or encroach upon encroach h Upon any otherotheri�c space, or over any electric power lines, or sent of the owner. Privately owned not without written con- 426.3 Construction: All towers shall be constructed of approved corm sion-resistive, noncombustible materials. Within the limitations of Section sizes for fire limits, isolated radio towers may be constructed of lumber sizes qualifying for mill type construction when not more than one hun- dred (100) feet in height. 426.4 Loads: The structure shall be securely braced and anchored to resist a wind of not less than thirty (30) pounds per square foot (psf) on the net area of both sides of latticed construction and on the projected area of the antennae plus the wind on ice-covered sections in localities where subject to freezing temperatures. Where subject to winds of un- usual velocity, the loads shall be increased accordingly. shall be made for effect of shape of individual elements and contour of the tower as provided in Section 715.0 in g y' Due allowance computing wind Loads. 426.4.1 Dead load: Antennae and towers shall be designed for the dead load plus ice load in regions where ice formation is likely to occur. 426.4.2 Uplift: Adequate foundations and anchorage shall be provided to resist two (2) times the calculated wind uplift. ed6 5 Grounding; All towers shall be permanently and effectively ground- SECTION 427.0 RADIO AND TELEVISION ANTENNAE 427.1 Permits not required: Antennae structures for private radio or television reception not more than twelve (12) feet in height may be erected and maintained on the roof of any building without a building Permit. Such a structure, however, shall not be erected so as to injure the roof covering and when removed from the roof, the roof covering shall be repaired to maintain weather and water tightness. The installa- tion shall not be erected nearer to the lot lit the antennae structure, nor shall such structhan the total height of ure ne tbe installed near electric Power lines or encroach upon any street or other public space. 427.2 Permits required: The approval of the building official shall be secured for all antennae structures more than twelve (12) feet in height. The application shall be accompanied by detailed drawings of the strut- 9/1/80 172 Aei WNW mply Iar Boss.—Ea-75^.392 v. WUMa 00 as (617)223-44a DG�4PdcaQ ©BPC+3�{�OP Internal R*rsnun Sanricg I APR 1975 '"••p,M..W. 1 EP-E70:A.Jaoobs o The Wreath School, Inc. 84 East Street EXHIBIT D. Middleton, Mase. 01949 Gentlemen: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code We have further determined you are not a private foundation within the mean- ing of se t' tof�l11(CpQG1 )because you are an organization described in section 20 a 1 - 0 A You are not liable for social security (FICA) taxes unless you file a waiver of exemption certificate as provided in the Federal Insurance Contributions Act. You are not liable for the taxes imposed under the Federal Unemployment Tax Act (FUTA) . Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. Donors may deduct contributions to you as provided A section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes under sections 2055, 2106, 1 : and 2522 of the Code. If your purposes, character, or method of operation is changed, you must let us know so we can consider the effect of the change on your exempt status. Also, You must inform us of all changes in your name or address. ( p If your gross receipts each year are normally more than $5,000, you are re- y quired to file Form 990, Return of Organization Exempt From Income Tax, by the 15th day of the fifth month after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a maximum of $5,000, for failure to file a return on time. You dre not required to file Federal income tax returns unless you are sub- ject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T. In this letter we are n y of determining whether any of .your present or proposed activi- ties are unrelated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number 3 will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Please keep this determination letter in your permanent records. Sincerely yourctor , •' J�I�i 3. fiJR:IST.1L:, EXHIBIT E il4�t CERTIFICATE OF EXEMPTION Certification is hereby made that the organization herein named is an exempt Purchaser under General Laws,Chapter 64M•Sections 0(d) and(e).All purchases of tangible personai property by this organization arc exempt from taxation under said chapter to the extent that such property is used in the conduct of the business of the purchaser.Any abuse or misuse of this certificate byany tax-exempt organization or any unauthorized use of this certificate by any individual constitutes a serious violation and will lead to revocation. Willful misuse of this Certificate of Exemption Is subject to criminal sanction M up to 1 year in prison and S/0,001)(3150.000 for corporations)M lines.(See reverse side). EXEMPTION NUMBER E 042546457 WREATH SCHCCL INC ISSUE DATE 01/02/ !5 35 EAST ST MIDDLETON YA 01949 CERTIFICATE EXPIRES ON 12/31/89 NOT ASSIGNABLE OR TRANSFERABLE COMMISSIONER OF REVENUE i k 9- F-- � r,►cm6nu�rrf�rr : G' czu,SeftL . ��•rirs�l .� zl��r.:jt./s •��tt��ir6 3'c?�-=N W. KIOCEA /�� r'amartr e f�irts� :+7a: 0220 CCS+ WIONEl1 J AUGUSTINE v RANCATORE c.SieF of SUREAu EXHIBIT F The Wreath School, Inc. DATE: 'Nov 30, 1988 84 East Street Mild le tcn, ua 019.19 ?ID: 043745457 ORGANIZATION DATE: Nov 5, 1973 RE: APPROVAL Dear Taxpayer: Our records indicate that the above-named corporation was organised pursuant to Massachusetts General Laws, Chapter 180 as a not-profit, domestic corporation. The above-named corporation has been approved to be exempt from Massachusetts corporate excise tax under the provisions of Massachusetts General Laws, Chapter 63, Section 30, subsection 1, and is therefore s not required to file Form 355A, Domestic Business or Manufacturing Corporation Excise Return. Very Y yours. trul Determination Bureau Non-Profit CorporationUnit (617)727-2501 s•. Form NP-4 "IldiVed by Town Clerk: AWL LNG NSR W yp , TOWN OF NORTH ANDOVER, MASSACHUSETTS 11 27 AN IQ� BOARD OF APPEALS i APPLICATION FOR RELIEF FROM THCIREMEN U RE 4 TS OF THE ZONING ORDINANCE Applicant Wreath School „ Inc . ___ --Address- 8.5 East 5tr e,t- M d_ dlelon. MA 1. Application is hereby made: a ) For a variance from the requirements `of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section Paragraph of the Zoning By Laws . -- c ) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a ) Premises affected are land X -and building(s ) X numbered Lot #3 _Sullivan —`. _ Street . -- , b) Premises affected are property with frontage on the North (X ) South ( ) East ( ) west ( ) side of Sullivan Street , and known as No. Lot #3 �� —�Street . c) Pxemises affected are in Zoning District B2 , and the premises 11ee affected have an area of 44. 1 _square ft_and frontage of 113.32 feet . 3. Ownership a) Name and address of owner ( if joint ownership, give all names ) : Walter and Korine Johnsop., 4 Linebrook_Rd. , Ipswich. MA (see exhibit "A) Date of Purchase @ 7/86 Previous Owner b) ' If applicant is not owner , check his/her interest in the premises: X–Prospective Purchaser Lesee other (explain) 4.� Size of proposed building:' front; feet deep; It Height stories; feet . a) Approximate date of erection: b) Occupancy or use of each floor : c.) Type of construction: 5. Size of existing building: 72 'icer front; 36 feet deep; Height 2 --stories;_28 –feet . a ) Approximate date of erection: @_7/86__ present b) occupancy or use of each floor : single family/group residence c ) Type of construction: 21E4 6. Has there been a previous appeal , under zoning , on these premises? yes If so, when? LLIQL withdrawn, without prejudice. ` Description of relief sought on 'this petition ! _ *See bel6w :•.:r. 'Deed recorded in the Registry of Deeds in Book !2236 Page 19 . Land. Court Certificate No, Book Page he principal points upon which I base ,my application are as follows: must be stated in detail ) See attached exhibits. " agree to elyxhe fili fe advertising in newspaper , and incidental xpenses* : ! _ Relrese tine Wieath School Inc. _ Signature of-Petit-io'er (a ;,• very application for• action by the Board shall be made on a form approved : y• the Hoard . These forms shall be furnished by the Clerk upon request . ` ny communication purporting to be an application shall be treated as mere " otice of intention to seek relief until such time -as it 'is . made on' the . • fficiai application form. All information *called for by the form shall e furnished by the applicant in the manner ' liereine;prescribed . very-application shall be submitted with a list of '•"Parties In Interest" • hick list shall • include •the petitioner, • abutters , owners of land directly pposite on any public or private streeE or way, and abutters to -the butters ;within ' three hundred feet ( 300:) of the property line of the stiti'oner• as they appear . on the most recent applicable tax list, - .:)twithstanding that the land of any such owner is located in another city ..,..",. r town, the Planning Board of the city or town, , and the Planning Board of•`• ; ' very. abutting city or town. every application shall be submitted with• an application charge cost in , • ne amount- of 12.5. 00. In addition, the petitioner shall be responsible .:)r any and all costs involved in bringing the. petition before the Board . -:•�.: ich. costs shall include mailing and publication, but are not necessarily;.'''':,,r tmited to these. .eery ' application shall be submi.tted with a plan of land approved by the • ')ard.• No petition will be brought before the Board unless said plan has den submitted . Copies of the Board ' s requirements regarding plans are :tached • hereto or are available from the Board of Appeals upon request.• . LIST OF PARTIES IN INTEREST ' Name Address ' See "List of Parties of llnterest" attached hereto *A. Relief from the refusal of the building inspector citing j Section 4 , para. 4 .121 (3) and (16) of the North Andover Zoning By-Law (see letter from D. Robert Nicetta, Building Inspector, attached hereto, marked Exhibit M, and incorporated herein by reference) to grant a building permit and occupancy -f permit for the conversion and use of the within-described f .. premises as a group home for a non-profit, educational t. facility as described in M.G.L. Ch. 40A, Sec. 3. { I B. A direct appeal to the Board of Appeals requesting approval of the use of the within-described premises as a group home for a non-profit, educational facility as described in M.G.L. Ch. 43A, Sec. 3. F' LISP OF PARTIES OF INTEREST MAP # PARCEL # NAME ADDRESS 1107 BI 12 Walter P. & Lillian Hoyt , 109 SUlliva-nt No An over Ma 01845 107 B 10 Beverly Shea • 105 Sullivan St . , No. Andover Ma. 01845 107 B 11 Joyce C. Quinn ; 1555 Turnpike St. No. Andover MA. 01845 107 B 15 Angus Realty ; 1077 Osgood St. , No. Andover Ma. 01845 107 B 9 Earnest J. &Nancy J. J.T. ; 1537 Turnpike St. , No. Andover Ma. 01845 107 B 8 Donald F. & Nancy A. Johnston T.B.E. ; 114 Boston St . , No. Andover Ma. 01845 B 8 P uline A. acalone • 125 Sullivan St. , No. Andover Na. 01845 107 B .-Commonwea lth of Massachusetts, DeRartment of Environmental Management . tate Hue Massachusetts S(t NORTH yi[T0g*' �L Ly'0%G p Of =�¢o _'Qq. 4 btf RK Otat lij 33 `~ A �.�y ` - \""n; a1 she � >,• . ,•. y9SsacHusE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Wreath School, Inc. * petition: 37-89 85 East St. Middleton, MA * DECISION The Board of Appeals held a public hearing on Tuesday evening February 14, continued to March 14, 1989 upon the application of Wreath School, Inc. as a Party Aggreived, requesting relief from the refusal of the Building Inspector citing Section 4, Para. 4.121(3) and (16) of the North Andover Zoning ByLaw to grant a building permit and occupancy permit for the conversion and use of the premises located on Lot 3, Sullivan Street as a group home for a non-profit educational facility as described in M.G.L. Ch. 40A, Sec. 3. Also requesting approval of the use within described premises as a group home for a non-profit educational facility as described in M.G.L. Ch.43A, Sec.39 on the premises located at Lot 3, Sullivan Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, William Sullivan and Walter Soule. The hearing was advertised in the North Andover Citizen on January 26, 1989 and February 2, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle, seconded by Mr. Sullivan, the Board VOTED to find that the Party Aggrieved, Wreath School, Inc. , is, based upon the evidence submitted, a non-profit educational corporation within the meaning of Massachusetts General Laws, Chapter 40A, Sec. 3, and, that the use of the premises for residential purposes is part of the educational program of the school and is therefore not subject to the use regulations of the North Andover Zoning By-Law. Therefore, the Board reverses the decision of the Building Inspector dated January 17, 1989, wherein he denied an application by the Wreath School, Inc. and instructs the Building Inspector to issue a Building Permit and other necessary permits subject to the following conditions: 1. The Plans submitted by the Wreath School, Inc. shall be drafted in accordance with the Mass. Building Code and applicable North Andover Codes and Regulations. 2. The Wreath School, Inc. shall produce evidence that the well on the premises is adequate to supply water for at least seventeen persons. 3. Evidence shall be submitted from a certified engineer that the soil on the premises is satisfactory to maintain a septic system with a capacity for at least seventeen persons, and the septic system shall, if necessary, be upgraded to a capacity for at least seventeen persons. 1Wreath School, Inc. - con'd Page 2 DECISION: 37-89 4. That no more than twelve students and two overnight counselors shall be housed at the residential faciility on a daily basis. Vote: In favor: Mr. Frizelle, Mr. Serio, Mr. Sullivan and Mr. Soule Against Mr. Nickerson Dated this 20th day of March, 1989. BOARD OF APPEALS IZ Frank Serio, J Chairman /awt RECEIVEn . DANIEL LONG TOWN CLERK .: .•. NORTH AN©OYER ny an��. ,t s"Pas a�ttir tie +ceiu� ft ZO 10 33 AM r8 A ` witi�in l�Ol at t;;is No""e 'TOWN OF NORTH ANDOVER date of pt the Cows MASSACHi78ETT8 in the Offic r.., Cierk' - 40AW OF APPEALS NOTICE OF DECISION Wreath School, Inc. 85 East St. Date . March. 20.,. .1989. . . . . . .. . Middleton, MA Petition NO.. . ,37-89. . . . . . . . . . . . . . Date of Hearing March 14, 1989 Petition of . . .Wreath.Schoal, .Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . .. . . . . . . Premises affected . . .Lot. 3,. .Sullivan, .St. . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . Releaing to the above petition I. so •a-Party. . . . . Aggreived requesting relief from the refusal of the Building Inspector citing Section 4, Paragraph •4.-121(3)• -and• (16)• •o€•the. North-Andover- Zoning •ByLaw -to•grant •a-building-permit and occupancy permit for the conversion and use of the premises located on Lot 3, Sullivan S t-J@LV19hKRN1ffl# as a group• home•for• •a -non-profits educational. •faeilit-y -as •desevibed in M.G.L. Ch. 40A, Sec. 3.. Also request approval of the use within described premises as a group home fora. non-profit -educational-facility-as. -described• •in•M:G•.•L•. -Ch. • 43*,y•Sec. 3. After`a public hearing given on the above date,the Board of Appeals voted to .GST. . the Party.Ag$reived. . . . . . . and hereby authorize the Building Inspector to issue a permit to ,Wreath .School, Inc. . _ , . . , • , . for the construction of the above work, based upon the following conditions: 1. The Plans submitted by the Wreath School, Inc. shall be drafted in accordance with the Mass. Building Code and applicable North Andover Codes and Regulations. 2. The Wreath School, Inc. shall produce evidence that the well on the premises is adequate to supply water for at least seventeen (17) persons. 3. Evidence shall be submitted from a certified engineer that the soil on the premises Is satisfactory to maintain a septic system with a capacity for at least seventeen (17) persons, and the septic system shall, ,=jX& if necessarty, be upgraded to a capacity for at least seventeen persons. 4. That no more than twelve students and two .overnight •c uns.elor shall .be•housed at the residential facility on a daily basis. •Jr. , •C irAn'. . . . . . . . . . Alfred Frizelle, Vice-chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . William Sullivan Walter 'Soule Augustine Niekereon; -Clerk- .(Agains•t) Boarsd.of Appeak