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186 LAFAYETTE STREET - BUILDING INSPECTION p186 LAFAYETTE STREET .. , r� CITY OF SALEM BUILDING DEPARTMENTZ City Hall Annex r ^' pLf^ °'!� - -��, `�' ((♦♦--: o k s 19 t One Salem Green - �W r - t n . .Y M ss 1L I 0C.T19'B8 1%°j;I i' a ,ALEM, MASSACHUSETTS 01970 M 'ssacLuset ° c7ai Check ti No. f '�A�bFJ..� _ •_�w 1 ®0;9 i UNCLAWRY �o`aid pe VasUethlea •; 415c venue 1 Y' MarMA 01945 YST,Not' e t � 4 2� No e W R } f D D. mtl " I I oc'a° 'p7 166. '684 III,..„IiiLLl,L,61 I,,,LII„ i:Ifil1I„I,L,II •SENDER:Completes tems 1 and 2 when additional services are desired,and complete items 3 and 4. ' Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the event rson delivered to and the date of deliver .For additions es the following services are available.Consult postmaster for fees an check box as)for additional semicelsl requested. 1. ❑Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Article Number Vasile Steven P 607 166 684 415 Atlantic Ave. Type of Service: Marblehead,MA. 01945 j + J�f� a { • , CertifeddInsurcoo.� LJJ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED 5.Signature—Addressee 8.Addressee's Address(ONLY if X requested and fee pard) 6.Signature—Age X 7.Date of Deli, PS Form 3811;Feb.198 r C RECEIPT DOMESTIC RETURN R ' rl � Cf tp of batem, 0455acbUgettg a� Public Propertp Mepartment �3uitbing Mcpartment One 6alem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 19, 1988 Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: 186 Lafayette St . , Salem,MA. Dear Mr. Steven, This office is in receipt of a written complaint regarding the above referenced property. Our property card carries this property as a single family, although it appears to be more than a single family, as evidenced from a site visit by this department . It also appears that an exterior stair has been constructed without the benefit of a building permit . If there is more than a single family at this address it appears to be in violation of Zoning Ordinance of Salem. Please contact this office within seven days from receipt of this letter. ./�Sincerely, Maurice M. Martineau Assistant Building Inspector MMM/eaf c.c. Mayor Salvo City Solicitor Ward Councillor City Clerk (fitt7 of �ttlrm, �4Htt9saC4U9rff5 _ krrumti DECISION_ON_THE_PETI_TION OF VASILE STEVEN FOR A VARIANCE CM; ATI, LAFAYETTE ST. (_R 3) A hearing on this petition was held April 19, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner, owner of the property, is requesting a Variance to allow third floor to be used as a third apartment in this R-3 district. The variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise of the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans that were submitted, makes the following findings of fact: 1 . The plans presented to the Board were not adequate and were not done to any scale. 2. Petitioners proposal, as presented, would result in the construction of a second outside stairway. 3. Two family use was granted to the petitioner in 1984 by the former Inspector of Buildings. 4. Petitioner purchased the property as a single family house about five years ago. 5. Petitioner failed to meet the burden of proof relative to legal hardship. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property but not the district generally; DECISION ON THE PETITION OF VASILE STEVEN FOR A VARIANCE AT 186 LAFAYETTE STREET, SALEM page two 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of the requested variance. Having failed to obtained the required four favorable votes necessary to grant, the Variance is denied. VARIANCE DENIED. / John R. Nutting, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS, GENERAL LAWS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSA.NT TO MASS. CENERAL LAWS. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PER".'IT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION. BEARING THE CERT FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED. OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS!LISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNEP OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL � 73`y- ya�3 ral Business District ral Business District Map Change TE INCLUSION OF "6@1TER" IN NITION OF LAND. �ONa1T Citp of 6atem, Aam5arbuzettg J)ublic Propertp Department �r✓MINB Auilbing Department Out *alem green 745-9595 (text. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 16, 1988 Mr. Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: SF ,6 Lafayette St . , -Sa-1.em,MA. Dear Mr. Steven, In regards to my letter to you dated October 19, 1988, I would like to inform you that a letter from Mr. Richard McIntosh, the previous zoning enforcement officer, is on file at this office. The letter state that the above referenced property is a two family. We still cannot find a building permit for the exterior stairs which pre- sumably are used as a means of egress from the second unit . Sincerely, �{ibu+4cL '� uetic� Maurice M. Martineau Assistant Building Inspector Citp of *akm, Angubugettg Public Propertp Mepartment Nuilbing Mepartment One Oalem Oreen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 19, 1988 Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: 186 Lafayette St . , Salem,MA. Dear Mr. Steven, This office is in receipt of a written complaint regarding the above referenced property. Our property card carries this property as a single family, although it appears to be more than a single family, as evidenced from a site visit by this department . It also appears that an exterior stair has been constructed without the benefit of a building permit . If there is more than a single family at this address it appears to be in violation of Zoning Ordinance of Salem. Please contact this office within seven days from receipt of this letter. Sincerely, ��✓uei�i +ccsc� Maurice M. Martineau Assistant Building Inspector MMM/eaf C.C. Mayor Salvo City Solicitor Ward Councillor City Clerk Cite of balem, Alaggarbugettg Public Propertp Department `WMINB JOuilbing Department One balem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 30, 1988 Ms. Lori Bertone 186 Lafayette St . , Apt . #2 Salem,MA 01970 RE: Response to questions requested in letter of Nov. 28, 1988 Dear Ms. Bertone, The following are in response to the questions asked in your letter dated November 28, 1988. I . Residential three (3) family. Reference, City of Salem Zoning Map. 2. There was no request, zoning was approved by Planning Board and City Council in 1965. 3. This department has no records of when the building was originally constructed nor number of units when built , nor is there any records to indicate that number of families were increased or decreased. 4. There are no records that indicate request for change to three (3) dwelling units. Property is zoned for three (3) units. 5. There are no records of occupancy permits being issued. Sincerely, William H. Munroe. Inspector of Buildings WHM/eaf P-607 166 684 RECEIPT FOR CERTIFIED MAIL NOINSURANL OVERAGE PROVIDED NOT FOR INTrgNATIONAL MAIL (See Reverse) r V1% Steven e Street and No. '415 Atlantic Ave. O e rSle�ea�Z�lAcode01945 Postage S Certified Fee 2.00 r Special Delivery Fee Restricted Delivery Fee Return Receipt showing iN to whom and Date Delivered m Return Receipt showing to whom, ^ Date.and Address of Delivery d j TOTAL Postage and Fees s2.00 8 Postmark or Dale E `o 111111111121 iiiii yLL 6 ' STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand It to your rural carrier. (no extra charge) i 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mall the article. 3. If you want a return receipt,write the certified mall number and your name and address on a return receipt card,Form 3311,and attach it to the front of the article by means of the gummed ends if space per- mils.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. i ' 4. If you want delivery restricted to the addressee,or to an authorized agent o1 the addressee,endorse RESTRICTED DELIVERY on the front of the article. i 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.if return i receipt is requested,check the applicable blacks In item I.of Form 3811. i 6. Save this receipt and present it if you make Inquiry. , n Citp of *aiem, Alazoarbuatto +; n J3utttic Propertp Department Nuitbing Mepartment One balem Oreen 745-9595 (fxt. 3S0 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 19, 1988 Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: 18b=Lafayette St . , Salem;MA. - m Dear Mr. Steven, This office is in receipt of a written complaint regarding the above referenced property. Our property card carries this property as a single family, although it appears to be more than a single family, as evidenced from a site visit by this department . • It also appears that an exterior stair has been constructed without the benefit of a building permit . If there is more than a single family at this address it appears to be in violation of Zoning Ordinance of Salem. Please contact this office within seven days from receipt of this letter. /XSincerely, + -�rfsu�klfi/aG ��La.� Maurice M. Martineau d Assistant Building Inspector MMM/eaf C.C. Mayor Salvo City Solicitor Ward Councillor / C City Clerk Citp of harem, ;fflaoubuoettg Public Propertp Department �3uilbing Department One 6alem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 16, 1988 Mr. Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: 186 Lafayette St. , Salem,MA. Dear Mr. Steven, In regards to my letter to you dated October 19, 1988, I would like to inform you that a letter from Mr. Richard McIntosh, the previous zoning enforcement officer, is on file at this office. The letter state that the above referenced property is a two family. We still cannot find a building permit for the exterior stairs which pre- sumably are used as a means of egress from the second unit. Sincerely, 7l/ou,crcl� 'm zceac� Maurice M. Martineau Assistant Building Inspector October 13, 1988 (j' gk - ;f City Of Salem Building Department One Salem Green Salem, MA 01970 1 To Whom it May Concern : The purpose of this letter is to air my concerns, or file a formal complaint regarding the actions of my landlord, Mr . Vasile Stevens . Mr . Stevens owns a residence at 186 Lafayette Street, Salem, MA. My husband and I have occupied the second floor of this address, apartment #2, since October 8, 1987 . Throughout the course of the entire year, Mr . Stevens has been constructing a third apartment in the attic above us . We have been quite distressed over the construction for numerous reasons . The noise due to constant drilling and sawing has been unbearable from early morning till late in the evening. We already have terrible problems with the plumbing such as total loss of any water at all if someone in the downstairs apartment turns their water on . Also water in the kitchen sink drains into the bathroom tub and sink and vice versa . We can only imagine the worsening of this problem with occupany of a third apartment . In any case, this and other health code violations are now on record with the board of health. Our main concern has been problems with our electricity. We experience frequent surges, and constant problems with our lights flickering since the construction began and they have been getting increasingly worse . Another problem concerns the ceilings literally coming down on us due to the construction . We actually can hear the ceilings cracking on a regular basis, and the plaster comes falling down on top of us as well as our furnishings . We certainly do not feel that this residence can support another apartment inside the residence ( or outside for that matter due to lack of parking ) . Therefore we called your office this past week to find out that not only is Mr . Stevens not zoned for a three family, but that he is not even zoned for a two family residence . You asked us to file a formal complaint in order to have this looked into. I hope this will take care of it . Thank you for your concern . Sincerely, oma. Lori Bertone 10/8/45 I 423 I Arthur J. Livingston I 186 Lafayette Street R-3 STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES WARD COST DWELLING WOOD 3 1 I 5 BUILDER " 12/ 1/87 COPIED ALL INFO FROM ORIGINAL CARD" 10/8/45 11423 Erect storage shed 5'X12' $ 150. 12/ 1/87 111271 construct a dormer on right side of house to add two windows est. cost $8,000. fee $53.00 (Owner - Vasile Steven) - 3/ 16/88 11104-88 Install 13' Dormer ,est . cost $4,200. fee $30.00(Contractor -Anthony Ramsey) ° � 5 DATE OF PERMIj PERMIT NO. OWNER _./ LOC /,I DWELLING MATERIAL DIMENSIONS NO.OFSTORIES NO.OFFAMILIES WAR I BUILDER - COST / rO= FOLDER CK�OTHER SLOGS. MATERIAL DIMENSIONS NO.OF STORIES BUILDERLAN NO.SHEET E November 28, 1988 '� Il Ms. Lori Bertone 186 LafayetteStreet 1+� t I 44 iln ' Apt. #2 EMU Salem, MA 01970 Mr. William Munroe City of Salem Building Department One Salem Green Salem MA 01970 RE: Property at 186 Lafayette Street Owned by Mr. Vasile Steven Dear Mr. Munroe: Regarding the above property, I have been to the following offices/departments in the City of Salem: City Clerks Office Assessors Office Board of Appeals Registry of Deeds Electrical Department Plumbing Department (Via Building Department) Fire Marshall None of the above departments show any of the necessary records regarding a zoning change for the above mentioned property. All show records of the property as a single family dwelling through 1984 or beyond. Those departments, such as the City Clerk and City Assessors Office, that show the dwelling as two family( based only on visits to the property) , show two families dwelling at the property only after 1984 and not before. All of these departments agree that the dwelling could not likely have been purchased in 1984 by Mr. Steven as a single family, if the construction, electrical work and plumbing work that have been done at the property had existed at that time. They concur as do I, that alterations to the building as they exist now were in all probability done after 1984 and all records show that only one family occuppied the Single Family dwelling prior to 1985. Page - 1 Therefore I have the following questions regarding this property at which I reside and to which I am requesting a written response by your department: - How many families is the above mentioned dwelling zoned for and where is this information stated or documented? - If the property is zoned for more than a single family, what records does the building department have concerning such request as well as when and how the zoning change became effective' - Does the building department have on file the necessary applications for, or any actual permits granted for construction work to alter the residence from a single family dwelling to a two family dwelling? - Does the building department have any record of request for zoning change to a three family dwelling and/or any permits for construction of a proposed third dwelling at this time' - Does the building department have any records of occupancy perm.it (s) being signed for occupancy of any of the units at this property? It is critical that I recieve your response by close of day 11/:30/88. I understand that this only gives you a little over two clays time, but due to the fact that you and I, as well as Mr. Martineau and myself, have discussed this information and you have both previously answered verbally all of the above questions, I feel certain that you will be able to comply with my request. If you would please call me at 745-0400, I am employed at One Salem Green, I will step in and pick it up. Thank you very much for your cooperation. Sincerely, Lori Bertone Page - � J .I ULAVl iy t�U11LL4L LV, Jil.�, U/ JUII¢IICL OU. 1G1w1Cl1l.C, 1'Yf VlOYV FORM 494 - SUMMONS WITH OFFICERS RETURN HOBBS 9 WARREN, INC PUBLISHERS OUCES TECUM REVISED DEC. 1971 BOSTON. MASS. L4r faoutwwralt4 of :fflaimar4uiiri#,s Essex .................se.................................ss. William Munroe ..... ..-.... - - -- - .................... Salem Building Inspector, 1 Salem Green, Salem, MA ----------------- ................. .. . - - - .._..._ ...... ---------------------------------------------------- --------------------------------------- - ---------------------------- ---- - - --------- - - --------------- ------------------------------- ----` ------------------- --------------------- ......... _._.._.-.greeting. gun are herehg rvmmHnbgb, in the name of The Commonwealth of Massachusetts, to appear before the,...Distriet - -- - - Court....- ---------------------------- ---------------------------- hidden at Salem within and for the county of----Essex --------------------------..........- - .---------- on the lst....... ------------------ -- ... December, 19RR day of------------- ----------------- ----------- --- - at _.- ......10:_0.OAM....._- o'clock in the......fore croon, and frons day to day thereafter, until the action hereinafter named is beard by said Court, to give evidence of what you know relating to an action of summary process then and there to be heard and tried between ..................................------ Vasile-Stevens.- .. ..... ....... ....... .... . .. - - -.....-.........- ---- - - -.......--...... Plaintiff and Richard...B-er-tot�------------------ ------------------ ------- ----------..--------------------------------------------------Defendant and lou are further required to bring with,you---all buildi.ng..pernuts.OC.CUpaLlCy.p�.r7iit$_,- and,_. records .....of.. spec intions-at---- , Salem, MA ... . .. .................................................. ------ .. . ...... . ........... ................... . - ---..-...-..--...-........------------- -------------------------------- ----- ... - - .........................................- ........-._..--- ......---.........---..........................-- ...... ......... -.......... ............................ ......... --------------.....---..-...-.-.....--..-....... - - . ... - ..._..... .. - ..... . ....... .................... .. ------- ................................................ ............................ ... ...... ----------- --------- -- ------------------..-.._.--------------------------------....-------------------------.....--- ---- --- .....- - - ... - ..... ........_.... - .... ......._._.----- ------------------------- - --------.......--.-------------------------------- - fererif :ail nnl, as jolt will answer your default under the pains and penalties in the law in that behalf made and provided. Baled alSalem, M.A. 28th day of..November the---- ------ A. D. 19 17 Us QQ Nucarr Public— Q My commission expires 2/1/91 Speed Lettere 44 902 ����1��/�����//Wo l Speed Letterow ( mdse To Iict-S ! Cc U &,-,i From Subject —Fto - t= (4 ➢�(C <�t, y s� MESSAGE 770—)A o u lob f !ct--�s Date �'—�3—��� Signed REPLY Date f Date Signed WYLINCF.ROt1BS RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY ORAYLI INCFORMIN US 3-VAfl� _ - C1989•PRINTEOINLLSA 483 -K CHRIS DRUCAS ATTORNEY AT LAW ONE CHURCH STREET SALEM. MASSACHUSETTS 01970 IN "HOCIATION WITH: TLLCPHONL RICHARD M DALY 16171 745•DSDD GEORGE P. VALLIS DAVID J. HALLINAN July 16, 1979 Dan Mansur, Building Inspector Building Inspector ' s Office City of Salem One Salem Green Salem, MA 01970 RE: Permitted use for 186 Lafayette Street, Salem, MA Dear Mr. Mansur : Please be advised that on behalf of my client, Project COPE, inc. , I request that you review the enclosed material and seek the advice of the City Solicitor in order that my client could use the above described property as a group home for emotionally disturbed, mentally retarted persons who are presently institution- alized in the Danvers State Hospital. On behalf of Project COPE, Inc. , I, request, that after re- viewing Chapter 40 Section 3 of the Massachusetts General Laws and the enclosed materials, you will concur with me, that the proported use to which we will put the property is exempt from local zoning, and I quote from the statute, "the use of land or structures for the religious purposes or for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions, or bodies politic or by a religious sect or denomination, or by a non-profit educational corporation" . The intended use of the property which would be leased by Project COPE, Inc. is called for under a contract from the Department of Mental Health of the Commonwealth of Massachusetts which use is therefore educational in nature by a non-profit educational corporation. Under the terms of the contract no other use of the premises would be permitted and as total funding for Dan Mansur, Building Inspector July 16, 1979 Page 2 the operation of the premises would come to Project COPE only through this contract, Project COPE does not have the financial wherewithall without this contract to operate on this premises. Our lease arran- gement will run concurrently with the contract under any renewals thereof. I have enclosed for your information photocopies of the first 11 pages of the contract between Project COPE and the Depart- ment of Mental Health, an April 26, 1979 letter sent to me which outlines the use of the group home, a photocopy of the original Articles of Organization of Project COPE and the Articles of Amend- ment filed with the Secretary of State Office showing the educational purpose of the corporation and a photocopy of the Judgment ordered in North Shore Association for Retarted Children, Inc . vs. Joseph F. Doyle, et als, Essex County Probate Court, Docket No. 990 . Very truly yours, Project COPE, Inc. By its attorney, Chris Drucas CD/lac Enclosures C01,240NWEALTI-1 OF IL SSACHUSETTS ESSEX, ss . SUPERIOR COURT No . 990 NORTH SHORE ASSOCIATION FOR RETARDED CHILDRN, INC . vs . JOSEPH F . DOYLE , et al . FINDINGS OF FACT, RULINGS OF LAid AND ORDER FOR JUDGMENT On the basis of a statement of facts agreed upon by the parties in the above entitled action the court makes the following findings of fact : 1 . The plaintiff , North Shore Association for Retarded Chilure_: , Inc . is a non-profit, charitable Corporation, duly established ani subsisting by virtue of the laws of the Gommonnnalth of e[lassacih'osens , with its principle place of business at 252 Jefferson Avenue , in the City of Salem, Massachusetts , having been incorporated under the provisions of General Laws , Chapter 180 , as amended . 2 . The defendants , Joseph F . Doyle , William F . Abbott , John 7. Gray , Sr- . , Arthur Labrecque , Emery P . ianche , Jr . , and Donald Koleman, are the duly appointed members of the Board of Appeals for the City of Salem, Massachusetts , and the defendant , John B. Powers , is the duly appointed Building Inspector for the City of Salem, Massachusetts . 3 . The defendants , Lorraine M. Gorski , Donald J . Martin, Marguerite Martin, Normand 0. Morneau, Rita 'rlorneau, George H. Wallace, Marguerite D . Wallace , Clara Levine , 1arie 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 Kilda E . Jacobs , are abutters to the plaintiff ' s real estate , located a_ 23 Linden Street , Salem, Massachusetts , who are affected by the determination of these proceedings . 4 . The plaintiff ' s Executive Director is i,;r . Paul G . iiansur , of Wenham , Massachusetts . S . The plaintiff, on August 23 , 1974 , purchased a single family dwelling house , located at 23 Linden Street, Sale assachusetts , and a copy of the Deed of purchase , setting forth a descriptio-: of the real estate by metes and bounds , is recorded wi-h the Essex South District Registry of Deeds at Book 609!, , Page 333 , shc;a_-; the ownership in the plaintiff . 6 . The plaintiff acquired the subject real estate at 23 Linden Street for the purpose of establishing a "Groin as c to accomodate and provide living facilities for no none than eigh` (3) mentally retarded persons and at least three (3) resic=_nt m.arna_:e_s and supervisors , the said real estate to be hereafter referreii _o as the "Group Residence . " -2- 7 . The funding for the operation and maintenance of the Group Residence in question shall be obtained from the commonwealth of Massachusetts , through its Department of Mental Health , by way of a contractual grant . 8 . The real estate , and the buildings thereon intended for use as a Group Residence , located at 28 Linden Street , Sale::, Massachusetts , are , according to the Zoning Map of the CitY Of Salem, Massachusetts , located ina R-2 (Residence 2) , Zone on said 'Zoning flap . 9 . The Zoning By-Law of the City of Salem, Massachusetts , Whicil is in question in this complaint , became effective August 27 , 105 , as amended. 10 . The plaintiff , through its Executive Director , t . Paul Q. Mansur , applied to the Salem Inspector of Buildings , Mr . John B. Powers , for a permit to use the single family residence , located at 2.8 Linden Street , Salem, Massachusetts , to house no more than eight (o) retarded children and at least three (3) resident managers and supervisors and the permit was denied and rci used ^n t^" basis that such a use was not permitted in a residential district . 11 . On July 10 , 1974 , the plaintiff , through its said ENecutiva Director , filed an appeal of the decision of the Inspector of Buildings to the Board of Appeals . 12 . On July 29 , 1974 , after due notice and pubiicazioo having been made , a hearing was had before the Board of Appeals of the. City of Salem and , on October 24 , 1974 , the decision of the Board -3- of Appeals was filed with Augustine J. Toomey, Clerk of the City of Salem, the copy of the full decision of this Board being attached to the Complaint. 13. The said Board of Appeals, in denying the Special Permit requested by the plaintiff, set forth as its reason that it was without authority to grant the Special Permit requested by the plaintff. 14. Thereafter, plaintiff b_-(5q iL this action in Superior Court to challenge the decision of the Board of Appeals under C.L. c. 40A, §21. Plaintiff's complaint was subsequently amended to include a prayer for a declaratory judgment under G.L. c. 231A,91, that Salon's zoning ordinance was inapplicable to the Group Residence. 15 . The children living at the Group Residence would be enrolled in the local public schools under Chapter 766 , known as the °iassacbusetts Comprehensive Special Education Act . On the basis of the parties ' stipulation regarding; evidence that would have been admitted at trial of the instant action , the court makes the following additional findings of fact : 16 . The Massachusetts Department & Mental Health throw h 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 program: of establishing many small Community Residences , and the Groep }residence in question is such a Community Residence . 17 . The concept of Normalization is the contemporary approach to the delivery of services for certain retarded persons . den,^,ed to be required by the studied needs of mentally renardej parsons . It having been professionally determined that such Co'nmonit`% Residence Programs would provide a better quality anj improVed life style for such persons . -4- 18 . ;'he format of the delivery of services thr . j'n community Residence Programs is accomplished by a contract , between the Massachusetts Department of Eental Health and the approved sponsoring entities of such programs . Supervision and control of such programs is retained by the .._,szachus _t Department of dental health, in accorc once . i h it.. _ eCulat and standards of care . The Department also astabl_she.. noecial formai_ requirements for each resident of a Co=nlry _._;i ,,.enza _ 19 . The established official policy of the Aa:._.._ _tn so Department of ';dental Health Pres: ribc.3 ee tanlls ..._... _ Community Residence Program in general , and Yeavires Ac re;: .._ .: L' the community of all those mynt __ l;> re'cosec zerscno onontia of 5r._', an undertaking. I•'urther, established policy _ _:_uire3 such .. C_....- munity Residence Program to provide ,.untimed e: -ion- of !"mydec Dersons who reside in such a Community Re_iCenon the ' „ d :.c self-help skills of dressing, personal hygiene , co_','-"_n , ho:. za ;.1u,:___ duties and all aspects of living in a family grouping. further requires that residents of such a Ccmmuniz7 :.i Ade:'. i be educated in living In society each • _ , aw =>Prn 72 0 fanL4. in a home type environment , andqu res ew..2___• .. _ . _ esiva._ts in such a Community Residence Pr3gra i to I .__"]? ganarAlly to „ . c) and from and attend local schools , to learn to mahn purc>Pyin - yc:: stores , to learn to travel in the coLl:,_,.._ty • cn Nava T ' gJawn , O�; learn to play among themselves anC VheP c 1-. n . .... community , to learn to seek and obt,nin ;ainfJ . envinymoM nLA 0 learn to travel from their residence to t_.:._ -- _ < . employrant . 20 . It is the established official policy of the Massachusetts Department of Mental Health, as part of the Community Residence Program, to make available education for retarded persons , in every aspect of community living in a residential family setting, as part of the process of individual development 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 T4antal Health , encompasses a complete educational process , rather than a custodial residential 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 roster-Care Placement Grants from the State School Community Placement Program. 23. The in-residence program for children in any particular Community Residence includes general training and development for each resident , according to his particular need and accordin; to -6- his particular Service Plan , special training by professionals for each resident , in speech therapy , occupational therapy, audiovisual. therapy , psycliolohical counseling and psychiatric counseling , recreation programs and work assignments in the home . 24 . The State Schools for the Retarded determine the eligibility standards for placement in Community Residences and screen candidates for placement through their professional staff . 25 . A resident eligible for placement in a Community Residence Program does not require any special medical care or treatn.ent more than would be normal and usual for any child resUin- in an ordinary family and the children selected for placement are generally physically sound , ambulatory and without any special physical handicap . -7- RULINGS OF LAW On the basis of the foregoing facts , the court makes the following rulings of law: 1 . G. L. c . 4OA , §2 , provides that "no ordinance or by-law which prohibits or limits the use of land for any . . . educational purpose which is . . . public shall be valid. " Thus , a 7oni.ng ordinance which totally prohibits use of land for sectarian educational purposes is invalid . Attorney General v . To::�l of Dover , 327 bias . 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 , �2 . Sisters of the Holy Cross of Massachusetts v . Town o Brook-line , 347 Plass . 486 (1964) . 2 . The case of Radcliffe College v. Cambridge , 350 ;Mass . 613 (1966) , is distinguishable from the instant situation because in that case. "the Cambridge ordinance . . . [ di_dJ not i.muede the reasonable use of the college ' s land for its educational purpose., .' 350 Plass . at 618 The ordinance in Radcliffe ColleF,e reasonably,- regulated a secondary function of the educational institution. without unduly inhibiting use of the land for its intended educational. purpose . Here , denial of the requested special permit , or bran,- of rantof a special permit within the limitations of Salem' s zonir. , -8- ordinance , ' would effectively eliminate plaintiff ' s inte-Aed use of the land by making it econ,nically unfeasible . 3 . The term "educational purpose" should be interpreted according to the cot-mon and approved usages of the language without enlargement or restriction and without regard to the court ' s own conceptions of expediency . Cf . Kurz v. Board of Appeals of North Reading , 341 Mass . 110 , 112 (1966) . " [Iln a broad sense , anything taught 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 of 1lorcester v. New England Institute , 335 'Mass . 486 , 49l. (1957) . In one instance , the Supreme Judicial Court declined to decide wllether the tencY:i-nr of ceramic classes by a private enterprise was an "educational. purpose . " City of Chicopee v. Jakubowski , 348 'lass . 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 , " w,is not ail "educational use" within the meaning of local by-laws . Kurz v. Board of Appeals of North Reading , 341 'lass . 110 , 1.13 (1)66) . 4 . 'Mount Herman Bovs ' School v . Town of Gill , 145 ''Mass . 139 , 146 (1887) defines "education" as follows : -V Salem Zoning Ordinance , Section V , Par . B-3 , relating to special permit uses for R-2 Districts , allows special permits for "rooming and boarding or three (3) or more person, , not to exceed a total of six (6) persons . " The permit requested by plaintiff would grant permission to have eleven or more unrelated residents in the dwelling . -9- Education is a broad and comprehensive term. It has been defined as "the process of developing and training the powers and capabilities of human beings . To educate , according to one of Webster ' s definitions , is "to prepare and fit for any calling or business , or for activity and usefulness in life . " Education may be particularly directed to either the mental , moral , or physical powers and facilities , but in its broadest and best sense it relates to them all . See also , Black' s Law Dictionary (rev. 4th ed. , 1965) . More recent definitions might describe education as the act or process of imparting knowledge or skill through systematic instruction . The American Heritage Dictionary of the En„fish Langua__,-e (1973) . 5 . The selection process for the Group Residence , the avowecl purposes of the Community Residence Program of which the Group Residence is a part , and the nature of instruction conducted in the Group Residence coalesce to make irresistable the conclusion that the Group Residence serves a dominantly "educational purpose” within the meaning of G . L. c . 40A, §2 . The fact that members of the Group Residence may receive supplemental training in local public schools pursuant to St . 1972 , c . 766 , does not detract from this conclusion. 6 . Plaintiff is a non-profit charitable corporation seeking to fulfill a contract with the Massachusetts Depart7ment of Men_al Health which calls for the "normalization" of certain retarded persons . Since , in addition, the principal funding of the Community residence Project is from public sources and the selection of persons for admission to the program is done by a public authority , -1.0- the educational purpose which the proposed Group Residence will serve is undoubtedly "public" within the meaning of G. L. c . 40A , §2 . Compare City of Worcester v. ivew England Institute , 335 Mass . 486 (1957) (promotion of vocational education by a private non-profit institution a "public" purpose) with City of Chicopee v. Jakubowski, 348 Mass . 230 (1964) (ceramic classes given by private profit-making enterprise not a "public" 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-laws cited in note 1 , the board had no authority to grant such a permit . Therefore , tine decision of the board shall not be modified. See , Sisters of the Holy Cross of Massachusetts v. Town of Brookline , 347 Mass . 486 , 499 (1964) . S . However , this court has authority to grant declaratory relief pursuant to G . L . c . 231L1, §1 , because an actual controversy exists concerning the use to which plaintiff ' s property may be put . Wood v. City of Newton , 349 Mass . 373 , 203 N .E . 2J 511 (1965) ; De Matteo Const . Co . v. Board of Appeal of Hingham, 1975 App . Ct . Adv. Sin. 1055 , 1.067 , n . 9 , 334 N . E . 2d 51 , 56 , n . 9 . 9 . Judgment shall therefore be entered declaiin- that the Salem Zoning Ordinance is inapplicable to the proposed Group Residence insofar as it prohibits occupancy by more than two perso—.s who are not within some degree of kinship . hecaue the , roposed us:, of the Group Residence is for az "educ i Tonal p,=ose -:hick is. , .public" ;vi.thin the of >.1.. c. 4'f1, §2. d7E;Z ll: ' �h 2 '.. 1 :�'%c,, John ??ul Sullivan onn Paul Sullivan ,Justice or 1-he ":unerior ot!tn -;_1 Project - COPE GREATER IYNN DRUG. RFHABIUTATION PROGRAM !P. U. Box 29 --- 111ynn. c/Hnee. 01903 599-8020 April 157' lwill "c c0n6uctaf individual clients. 7 , Calla:-- JO. Executive Director r •, r A1fEi t,d OT, 07,E RLGIM III Ui1IlXJ!•:. IDFt�;—t D D FISCAL YEAR 77 this:Agreement made and entered into by and between the C012SOrUEALTH OF MASSACHUSETTS DEPARTMENT OF MEr7PAL HEALTH (DFI'ART:a:;:^) and (C0,4TRACTOP) with inuul ^ business at ommon nee , ynn, Nass. 01903 WHEREAS, the DEPARTMEI , rec,uires services to assist in providing mental health, mental retardation or drug rehabilitation programs to citizens of the Commonwealth; and WHEREAS, the CONTI ,CTOI: is .,n organi::ation qualified to provide such services; The parties', in considc;ration of the mutual promises made hereunder, hereby agree as follows. I. The CONTRACYOR shall (.rcvide those services set forth in SCI:EDGLE A as attachec and incorporated herein. II.. The DEPARTMENT shall, subject to appropriation of funds, provide funds not to exceed Ninety six thousand, sir hundred and sixty ($969660 ) . The source of: these funds shall he appropriation account nur:ber 5022 . Reimbursement for services rendered and costs incurred shall be in accordance with S=,,DuLE B as attached and incorporated herein. (FATES FOR SERVICES MAY BE SUBJECT TO TEL AI'FROVAL OF THE FATE SETTING COr•IP:ISSION) III. The parties shall be subject to the terms and conditions set forth in SCHEDULES B,: C and D as attached and incorporated herein. .IV. This Agreement and any subsequent amendments hereto may he subject to the approval of the Rate Setting Commission and the Comptroller's Bureau. V. This Agreement shall become ef.fcctive upon (a) the 1st dal• of March 1979 (b) the filing of this Agreement with the Comptroller's Bureau with Yrior approval Cfthe Executive Office of human Services, and shall remain in effect until the 30th day of July 197 . RE Ill: Ori . Ti' � FOR 1111 Cil' IM(71011 �lfi►'��i.. r;'� LAZA APPIIDV}0: Dfn ,tk R4TL APIWVAL: 1. 14CHSR CHAPTER VI PAC• CC! AREA DIRDCIDR SECTION 601.11. L: .TE FILING UATI; Nt)K-UN'1T SChEDULE A NGN - I'NI 'I ( 1 ) Type of Client to be s e r v : _ emotionally llistnrted%1'entallvetsrded _ ( 2 ) Number of clients to be served : JZ 117 North Common. Street, Lynn, Mass. ( 3) Program address : --_--------- -- ( 4) Service to be provided : -Residential services -For 12 Emotionally Disturbed/Nentally Retarded clients. -This Com.,,nutity Residential Service will piovi-de room and board, care, and supervision for a maximum of 12 clients. -To provide a therapeutic milieu that offers comprehensive individual treatment plans within a structured residential setting. -To integrate a variety of co:,- unity experiences for lVividual clients an; Groups of clients that will allow for the dcvelopneni; o;' skills and Normalized" social behaviors on a progressive level basis. -To develop a comprehensive system of teachinL survival skills to clienUn that Will enable them to stabilize within existinE cc;mwnit o�,-:dares in a fulfilling, independent and productive goner. -To deliver a. comnrchensive consistant systeia of adjunct services including: (a) pre- and post-individual client evaluation; (b) continuous treat:nen'; plaEning based on group dynamic social and emotional needs e= the client, group; (c) profr^slonal P_edizal and psychiatric services; (01 on Coiner start training and clinical supervision; (c) a client information system which meets all state and federal regulations and is designed as n management; tool with a client centered basis. NON—IINIT SCHFDUL.E _A NON—UN " ( 1) Type of Client to be e,crvad : Ll_oti_onallysturbed/'7entally Retarded__ (2) Number of clients to be served : ( 3) Program address : 117 Borth Common Street, L_mn, Mass. (4) Service to be provided : -Residential services -For 12 Emotionally Disturoed/ttentally Retarded clients. SCIIEDULE B-1 ['Acs 1. I:"CN-UNIT AG PJi Ef:F:NT (c) (d) (e) (f) (a) (b) DMH BUDGET CATEGORY ANNUAL COST PAID FROM SOURCE DELI ANNUAL DM11 MONTHLY COST (OGl MMONTHS) `i•' THIS PROGRAM OTHER SOURCE CODE ' PROGRAM COST COST _ . ALL SOURCES A. DIRECT SERVICE COSTS ' 1. PERSONNEL (list by title) HRS PER WEEK 134,000 $ 134,o0o s 11 ,167 s 38 4l8 TOTAL SALARIES S '$ — 2. FRINGE. BENEFITS (15% MAXIMUM OF ABOVE COSTS) FICA S $ I;-- S $ S $ $ $ STATE UNEMPLOYMENT $ 4T-0 $ S 4— qu o $ 365 $ 'fin WORKMEN' S COMPENSATION $ 1,01 S S 1 ,01 GROUP HEALTH INS $ 4 (10 $ 5 4 ;>!)o $ 350 $ 1050_ 99598 q,5�— �— $ 3320 'r')TAL FRT!J(;E BENEFITS S "9 $ S _ S — TOTAL i'EPSONNEL COSTS41 ,938 (Al PL',":: A2) s 143,508 $ $ 143,5918 $ 11 ,967 $ 3. (ONSLLTATIOU $ 42100 S $ .__ HOURLY/DAILY $ 0-_-- ( PLCSFY BELOW BY TYPE: AP::) PAT11) RATE _,'2Ljj2 hour .129 per hoar -CO 1 'oo rnn $ . ^0 ,(;0O N $ OCPJ 5. T RA"I S RO RT ATIO $ ( $ — 707 — - $ : 0nn $ 1C G. TCI,I:rIDJi1L (PROCRAII) ') 3, S __ -------- 7 . DOO rrI ornucE:-t.rnBrLrrY $_ L000 _ 5 --- —± ---- ' (a) (b` (c) (d) (e) (f) BUDGET CATEGORY ANNUAL COST PAID FROM SOURCE DMH ANlTUAL DMI MONTHLY DWI PROGRAM THIS PROGRAP`. OTHES SOURCE CODE • PROGR4N, COST COST •• COST ( 4 MO"'11IS)"* ALL SOURCES A. DIRECT SERVICE COSTS 1. PERSONNEL (list by title) HRS PER I=K Psychologist 180000 6,000 Developmental Disability Specialist 16,500 5,5aO House Director 15,000 4,375' House Director 15,000 4,375` Live-in Counselor '1 109000 2,500' "2 10,000 2,50C' 3 10,000 2,`.'00• °4 109000 2,5a„ Live-out Couns. 1 10,000 2,500' "2 10,000 Respite 5,000 1 ,("6p Data 'an. 41500� ' Oi.',L SAL.',RIES 13 ,4 000 • Oa.^.ed on 3-. '.oaths to allow for start- un la". 'rail not b directl- Proportion to annual cost. I. (a) NINUAL COS',' PAID FRI": ISMIRCE D!,117 ANNITAI DM THIS PROGRAII: OTHEP S0I:R( F c0DI:* (' )S': COST ALL SOURCES d. STIF'Em-'s (SPECIFY SCIII'Mill, FAYMI.:iT SCHEDULE) $ 9. EQUIPMENT (SPECIFY ON ATTACHED SHEET) $ pon 29 '00 .0. C0:1PUTEP 1111:.IL (SPECIFY USE USI.) $ $ 1. DUFLlci"FjC:! $ $ 2. SU7'PLIIS 3. NEDICAL FI:I)I Lit," 4. an I L i;, S1.1_,VICF COSTS (SI'LCjr I i]T 13Y TYFL P i: T— $ TOIII;I_ 1)1: 1d; P. V TI,L D11,L' 'i S'! GEPEP-AL AIIlp 1!.11.':TFATIVE COSTS (TICT TO T :(:!'I'D 10"_ OF ITI PS Al plug i A2) SFEC i I E ud 4,�C c i Ctxol:!� -,-roll 111,< .0 $ $ MAINTENANCE CO;1'S 1. RENT - OCCUPANCY 14,000 S 6,000 C ' $ P,000 ?OOO NON-UNIT AGJiEENLHT SCHLOULE B-1 PAGE 3 BUDGET CATLGORY (a)': (b) (c) - ANNUAL COST PAID FROM SOURCE . DMH. AIIIJUAL, DMH PROGW-I COST THIS PROGRAM OTHER SOURCE CODE • PROGRI04 COST ( 4 MONTHS) • ' • ALL SOURCES 2. RUNT - LQUIPMENT $_ 48o $ $ 48o $ 160 3. UTILITIES $ 9000 9 2205 C .$ x;795 - 667 _ PUIII'OSE $ . FOOD $__15330 $ 11663 C $ 3667 Residential_ $--�— Food - 5 . OTHER W�IHIENANCE (SPECIFY BELOW) ( $ 5 $ $ i $ $ $+ $ To'fi"L OTHER Wt INT. $— $ - $ $ --- TOTi1L RAIWIF1:7+1ICC COSTS $ 385,810 $ $ 1%% 47 $ 3,15,'• TrJI'AL ALL Ci,TLG')idES (A + B + C) $ 2521868 $ 19196c $ 190,000, $ o ,660 " O'TIIER SOUIT'L' CODES : C = CLIENT COITT RLBU'T I011 S = STAFF PAYMLtfFS/C0NTRI13L B - DONATIONS FROM 11011-GOVERNMENTAL, AGENCIES OR INDIVIDUALS DD = DEVELOPMENTAL UISABILIT D = DEPAIiTI•tENT OF COMMUNITY AFFAIRS 0 = OTHER: " • MIS CATEGORY (DIII1 MONTHLY COSTS) IS TO BE USED FOR PERSONNEL & FRINGE BENEFITS CATEGORIES ONLY! ) FILL 114 THE ( ) WITH THE NUMBER OF MONTHS THE PR.OGR -I IS TO RUN. USE ONLY ON PROGRAMS NOT RUNNING FULL FISCAL YEAI THESE CGSTS SHOULD BE IN DIRECT PROPORTION WITH ATINUAL COSTS. Att%i0rill :t ..• 'T Ti!1_ 2 Full Loo :,irc- „l:zrc: ' ; ;tr,r: ,.asci; '1f0C.00 each = 811 200 '. ecause the 1'ac L.iticr vivo RO t of ' i` r fwUnd, no estimates could be secured Srch rotailom, _'hc e,CLIWO wr:: based on, bids received by Project Copp :or thr Com::'.:.. .'.L. � _,vnn .. .videilce. Attachment A. 14 Other Direct Service Coats Planning & Training 1 . Staff Retreat j00).0n 2. Speakers - 10 P $100.00 1003.0: 3. Orientation I00r,.Or 4. Thresholds :Jekend 1200.0 5. Community Residence F, Police including CPR and First Aid 1500.00 TOTAL--- ------------------------------ 9700.00 Thresholds Weekend 3 day training package purch,unf,.0. fru:.! Correctional ;,ol ; .;.o^= instruction and trainin;; ::atnrials : '. :,100 per pnrnon• `;hen p_ovining CO stur'_cd, - e-.'-•' t- retard Cl: i::d:vidu�!. , .. , - - is rrioritr. It Mur, V7 0a T tion . . re-eat as difficult e , .r ; '} � -,....,•iaio:. has net, as of to work with ti:ese, .;r,v_': sorhisticnt•ad ,.� F'^ - r i^ a:; clientr wCul° cc -. ', staff _ ,-r_ , � e rroject will fail if this; i...., ., i This particular pro - - 'ton rd t e rnsidential component is expected to have_ ^j m,„_,'; OF Go contrnot being approved. irior to start-u7 m _ _ -'Q. 00sy `- not ccer becir to be addressed unt l ust1 .t l Wgin to function c Considering these f- atcr_ ; i t i 00 - cry _, . -.rriC ent of providing corTrr civ r . t o rkin- retreat. The trail r vi ,r to isd , tutored by indiv'-a'. : 7,r ,AcrklnnindivionnIs. Py living and war k . know each other. 3t 4wt Ak jr MrV +-„ offort invol-: ,r'• if be the end of tha WIN= r a trust in each other and a Solid r •:cul.d be utilized who had c'c _rt;.,, 1 ) Behavior :^oo fi.ra -714c-Unn with Wiz Purul7tion: �. -. G i'S�}'C?10- '.r n'•..,C Tt' - C-),.,.. - .. ,......_,: -- i'„F 'l i, °n- it> this a� 3) Earle andrev-.......- -r - ”, _-:e anj air,-.ul:ivc. ind'_vidu%: ; 4) Yedicntion - Air J) Medicil. Cary” - i .. .. 6) Rehabilitation - Theae are only c. few r.. w,17 further develored to :, n r, client dlaUnnntic and :elr t _ i - - .. _ l _ ntfv theraries. This includes UnY Vr7 fry_ 7ojoA !q QIV� r LP-Anars cr ro!07 aN rroc, -irs procedures as thoy r 7- t. Ow: 1. AdministmOm W 1000mnity Vana T" rari 2. Clinicil D7. Aservic- --znr vrorv-0 o& =1VAHO 7 inmnyrr-rj� vyZZ07- G. Confidezth 707 ro -C QfOr WrICVV�: Establfs:An nnO -V 'W-An" %070a i: K, 0 Tom'"00, Fhilosorhz 7& w,V yc:m' 0. Stratmiev Or rm � 4 , inn7q YA'Mn TMD '— rro-rurs 10. rental hen! t' � m' 1 0 ; -- --� 1 ' v n,., Each session will VL -7rvi. =rr 7" AmIss instrurtor's t1we AYA 7 - V717 =, use of Sma.; Thi; is a traininn -7 in -c - Lr%"An7 tr,m. .etc for the 40 hours >7 arn instrvVion and all materinIA. SLSMO'.E 2 - Part. �. Adminiscrstion: ^:e Depart:oent hereby designs,es the 2egic❑si Services Administrator iFSA) as ontract Officer authorized and empowered to represent and bind the Department with respect to all matters related to this Agreement. In the event of a change in said designation the Department shall send written notice to the Contractor. 2. Invoices: The Contractor shall submit an invoice in fon approved by the Department covering reimbursement for services rendered and costs incurred as specified in Schedule B-Part I during the Payment Period under this Agreement. The Payment Per od shay_ be defined as one month or 3. Dec•.imentation: The Cer.zractcr shat: 3:bmlt s•=h supporting documentata- tion as required by the Dep,-,cent's "Contract #snual" 1_r_.—,orated here- in by reference. The Department further reserves the right to require such other .fiscal, prograaatic and administrative data as the Department may deem n-cessary for monitoring and evaluating sertices and activities to be rendered under this Agreement end to substantiate the Department's claim for federal reimbursement. b. Consultants: Ail consultants hired by the Contractor under this .Agreement shall be paid at rates not to exceed those established by the 4xetative Office of AdO'nistrstion and Finance where established and she,!'_ meet such standards orccul.gated and distributed by the Denartment for stmt lar state poshicns. 5. ?svnents! Payne.n.ts shall be requested by the Detartment as soon' as possible after the last day of each Payment Period cn in•:eices sutmitted for costs ir.cureed and serrices rendered during that Payment period. Nothing in this paragraph shall- be construed to deprive the Department of its right to recoup or offset overpayment. 6. Disallowance of Pwlnents: :he Departcent reserves the right to dlssllow payment on any invoice or Stem set forth therein If s•.:f.f[cient documentation is not submitted to the Department. Allowable C.r_t_: ^.:e Certractcr agrees tthst no funds anier this Agrecent shat: be esrended costs incurred �r ser%,_,es rtndered -r'-cr-r'—c. to the effec- tive date of this A.+reecent. The '„••tractor ^archer agrees net to ex nd "ands under this Agreement for payment to state, fe"_ersl, kcal or .ulcipal employee .for serviza3 nnrna_!y oat^ -r by s::ch e- icyee's _. rest sr solar. or lg +�'.q,'$` '�y :tsar,• . : 044 (9r=u c=ru=d! of filussur4usPtts �J JOHN F. X. DAVOREN t Secretary of the Commonwealth ��- STATE HOUSE rr .y BOSTON, MASS. o ARTICLES. OF ORGANIZATION Y 7 Under G. L. Chapter 180 i We, THEODOR11 A. DUSHAN . Preddent ROBERT tF. DONSLAN • eY� yr ~ "^ LOLA HOGAN i. Clark or Secretary, Andy Theodore A. Durran, Robert F,. DonclanpL" Lola D. Hogan,A.Scott1 Ander. soq;KEdward A. BAttle, 'Wallace , !Blackwood, Ken14th Tho�ntoa, 6., Raymond King, JGeorge O'Shea; Elzear Asselin, Juseph Lipton, "Robert J . Weber , Glenna M. LABvlla '? being a majority of the directors (or officers having the power of directors) 'a of PROJECT COPE, INC. °? a elected at its first meeting, in compliance with the requirements of Cenral Laws, Cbapta 180, Section 3, hereby certify that the following is a true copy of the agreement of association to form . `7. said corporation, with the names of the subscribers thereto: :r4tyt We, whose names are hereto subscribed, do, by this agreomoat, associate ourselves with the 1' intention of forming a corporation under the provisions of General Laws, Chapter 180. ,� ? '4 The name by which the corporation shall be known Vim' ( T PROJECT COPE, INC. r Y The location of the principal office of the corporation in Massachusetts b to be the Town or r City of LYNN Street 250• Maple Street, . NTba purposes for which the corporation is formed are as follows: y To engage in the work of encouraging and implementing programs , concerned with Health as defined by the World Health Organization , ` . nnmelys. "A state of complete physical , mental , and social well-being) ' i t not . merel the absence of disease and infirmity. ,'� Y y. ,' and Health as a unified%.. ' concept concerned with knowledge, habits, attitudes , and behaviour , -+ iJw of.. the - total and maturing human being; to maintain offices.and facili. q; ".ties and to do whatever is necessary, incidental , and expedient to waccomplish those purposes. To purchase, lease , hire , or : otherwi ' � . acquire;. to hRldi. ; owpr improve, alter , sell , mortgage , pledge, . nr � . , otherwise encumber ,or dispose of real estate and all types of personal 't' ,property;;.and any :interest . therein which may be necessary, useful ar r, ei ebnvt3,iient 'in furtherance of the foregoing Corporate Purposet;s 1 k •, , If Tn?• )1! '1 0.1 epRM ero:111541 is sot iufiident additions should be set out ca.contiaastwo sb"ts ZviNh' w : seven 6ya r notice is waived, fill In the following waiver.) l yt t4 Wo.hereby waive an requirements of the General Laws of. Massachusetts for notice of the rt < L - . tenth day of Seitembei i 18 70 drat meeting for organization, and appoint �. c. " odock p. M., at 250 Maple: Street , Lynn, Mass.�chusetts� eta , time and place for holding such first meeting. , (Tree m P)•Wr pint the Dome and uddrm. of ..c6 luaorynnror In glue. 6.1m.•) „�,4_:t RESIDENCE NAME Give Number and Street, City or Town r � r ! �Tfieodore A. Dushan, M. D. 2 Phillips Terrace, Swampscott � . Aer`shott Anderson, M. D.JK 4 Judith Road, Newton Rev. Wallac a" alackwood 215 Maple Street, Lynn Rev. Kenneth Thornton 74 Carter Road , Lynn orl .Rev. F. Oliver Drake' 11 Gracio Road, Lynn r am Street Lynn d St Raymond Kings Jrt 12 Rockingham r �s. 10 Prospect Street, Lynn •4;.�Clarence Jones a � 0 a 1q Atil 1 " C I � d , 4 :fir �t ALS r, 1 t T' i Y S]r �ii� ) 1 1 t r K•i1�t ('1`F �yi f� ! n,� a AT., I further state -6`bat the first meeting of bn to �snld ay{eement was held the ubscribe ou 1 •.I 1.1 5 Mx i%Y...' �'' .. . ... ... : .I• • r M ) ...t.l'I] n.f/Mlle l'v.�1T I+i. t � co-1 ws. 7-215M.5,77-0405107 '; Vl�r (�nututtlttulralll� of tffasuarhmirti MICHAIL JOSEPH COHNOLLI �EDERAL ►oENT1FICATION Secretdty o/ the Commonwealth NO, 04 -2-417-820 ONE ASHBURTON PLACE,BOSTON, MASS. 02108 ARTICLES OF AMENDMENT General Laws,Chapter 180,Section 7' This Ceftificate must be submitted to the Secretary of the Commonwealth within sixty days after the date of the, vote of members Of stockholders adopting the amendment.The fee for filing this certificate is$10.00aspt"Cribed by General Laws, Chapter 180, Section 11C(b). Make check payable.to the Commonwealth df .MassaCfivaetta: . We, Paul B3ri1)eaU president/1Gtfditttt K1C,and bra Theodcre A. Dushan ,GerkJOSlittHtSgttctof 4 PROJ1 CT C01?E r IiIC, ....... Mame of Cor ' yoretwn) t , ' r ' 'located at 7 , GKt ,fi4t!??ao Lyn#!i I rsce�c C41sz1YR.,:M����chU �tfr ,tltl hereby tcrldy that the"following amehdrhent to the 3rlitles ofriirganlzatlori of the utrporetldit W!S'dUly`9do{lted bt a tnecGn heldoN , i., t ,� May 2 4th ,by vole of r 1 iw members y{p}p2}{Ig bring at Icast tivo thirds of its rt embers legally qualified to wtc 1h meetings of the torpotatlon:'. (tll,lh the lase of 2 wrboratfon having eapilal stockI by Elie holders"of at least two thlydsdf th�taj7ital lt6t4 h2ving the(* Fight to vote thereon):t; l! 'The Articles of Organization as originally formed and filed, i�iih the Secretarv�of 5tates,tOffice ;of .the' Commonwealth .of Massa Chusetts be amended by aadin.9 to: se the P.Urposes Clause t but thetein as follows , fa ,� + � 1 ,i , , � i. 14 -. '. fe � 'r �R�� 1✓(' �+ 1�Y ?�y' 'y' .- y.(+ � � - , z 'The s ecifjd ail rimar t 4.s m,d z exishce`is tb' operate forpthes dva entttlfgdtictibtt1'and z ' health„ and 'i br chary tabic`: purposes by;;the' dissemination of : infoi ' +, inatipd :for. the physical and mentdl ,well being o£ ,society in;-general f Arid partiotilatly ,for proViCling"proclrams and services tb. the public surh that the sieve! bf understarsciing rile importance: bf, : �':' fhental health"'as ,taell as hducatioti Dili ! j� physfCryl and x y`. ,� La ::, .ii e -be Lter .enhanced,. 3, 'The genezal purposes for khichLth s corpo>.atior is 'fbi:med are ' ^t td bpeYte'ekclusively fUk such char tub1G anc7 edutsdtignal{ p1lYjdgsl=s z S xt� Drill"..`crlll3 i y� it ,f as'F a t e e*lpt cozporation utsdei tkita TSnternal�st zrAefiUe CAdEpy�"' U 'thet! Un] -Eety r`S til't_es 4bf TAttierica't'ancl 'Elie" ldtas� t11y ` M* t 'p,f tis �omixiont,fea,Lth '�;a" x��.'^:, � �s Nt57t: Anrndmen{s ur:Rhi h tl) spice no.idedRebove,z oof wf(,4Fent slloutA bcrset out on tonhhuetbn sheets so bB hurswiered>� ?A Ya etc Cpna7 w�swn slK� 1s nae i1^ be-on 8/ 'w tl� a 11 +smhluMs and.muss tw,w!a!left-hand,margin t mei,vridz Iw t bnd;n3 Only onc� d shouldt>P uv d, t ) t �] 4 i 4 . - This corporation shall have and exercise all rights and powers conferred ona corporation under the laws 'of the Common- wealth of Massachusetts, provided, however that this Corporation is not empbwered to engage in any activity which in itself is not in furtherance of its purposes as set forth in its Articles of Organization in any subsequent articles of amendment thereto. 5. This corporation shall have the right to create} esta- blish; maintain} and operate various educational institutions to provide such traininq in the areas of health and education as outlined above in such places within the Commonwealth of Massa- chusetts as may from time to time be determined by the Board of Directors of this corporation. 6. The corporation, by its Board of Directors, shall pro- vide a faculty or staff in order to establish courses of .instruc tion, to adapt procedures and standards for the admission of applicants to :benefit for the services of the,:corporatioh, to proVift fbr: the-proper regulation and control°of accepted`appli- cants and their .housing and welfare while in attendance, and to do all of the things needful or appropriate in the establishment and conduct of the hereinabove described purposes. 7 To do any and all other-acts and to engage in any other business or. businesses in any- manner connected with or necessary, incidental} convenient or auxiliary ,to any of,. the purpbses or ' . powers hereinabove enumerated or:Which`may or` shallpromote the ZA interest :of .this;corporatioh, and the general public= tFi:;poaBess ' and -,Use all the,'powbrs, authotized .aHd=allowed tornon�prdfit cor 'ra ;. :.poratibhs:under . the ..laws of ,this Commonwealth; .:and td:. exercise any and all ,bth6e powers which a partner; or naturai.:.persbh could haveoY eexercisand which may now br hereafter be authorized. by C. charitab This corporation is -formed:.solely- and . exclusively for le purposes, as set forth,.above, and not for pecuniary gain or. profiti and no pecuniary:;gain .or`profit shall=,ever. inure . to anydirector .or' member of this corporation , or any other per- son orcororate p on, from the corporate property,.or. operations. w t t^ trt; PI t � 4 .a x 'IAV_�A aFP "' } r �*d !xi [ t�r t s,4 r Sid h r Amba 3� a f 4F - + n tta rt, et i}, ' ��d� � } � w� Xt �1�^ ,� t .T }.,�.�sti rT<r v7 p Y r p zy,�, e AIM _ . .i'ddt ep+Y' a sdF fd rr� u r +i i vtaf R tl �4 an {r i..(v„�"��br ix!r.a�r iL.0*� N.'s a �`I7J8r asr '�,yrt 1 nt, S9t,F }(w1( sY7 T IrC'M+ u S i "Nk9r r f r V;qi . r i y r M. J' :rt( t+ dRF � t+ rf a N4 �t +i-0 .ra L f � i t S fIr'T'S �c+iylt �Y 5�4 { slR ` : 15 r l�aTbT^r rr x r .r ay. � i.� ru,5 t Wi(l (v MI .ira +k` i �'}�SgS,�ipt tS^SYt¢ use 1 fu. ' i♦ t 1, fhe foregoing amendment Will becomel effective when these articles of amendment are filed IN accordance with Chaptef 150, Section:7 of the General Laws unless these articles specify,.In accordance withahe'vote adopting the a-allmendment, a tauter effects a date not more than thirty days aft r such filing, m K htch event the a m endment will be � t �Uft12 e1�ebtlVb fln SUC��a�Ct date' +rtT�1�p•�¢y��tiy xirl �f A'4f' 1 i ,..ti kyf ba AJ Xlv 5 y f, K`(`"i'71vg'T"2x'`.M � itwtq�rlry�'r y IN WITNESS %VHtktOk ANb iJNDER IHE PENALTIES OF PERJURY, we have heteto llgne�,otu names this fr t --jh Y'�t - �1 iE h 'Ci�1H + 'S. ^ r.r k i • I n 3� r t M r .� ':24th %A"'IR dayo flays In t e year � - Gr rRr 1A., & r % c &�` x♦ `Tl�a 'l� Iw xaiRi �'df ipys 6 r H Y+ .t'k k79 S q,t - � K 'r .:. 'Mar rc:4+uyn .Y�s+t y_t .rvx cx t� �+fr.}v�_� + ? '• Pati1 BaYiJ,eatl ' , r w�� fi t F F°y A"� l+ p(CS ChtkY76d nFSL�r}lt �-. .:d r t `3 f r• i,� C �Y r 1 � r I �u tS.Srkzrir`b5���.ty�_r > t�i t � r ... f 'F'.l�";��'� , `ff �•� -�«+s?-,7'��-�"", ��7,�` `� ' �u'�JC�kik16f>�iSaCltNc �• Theodore eS�aYt'::il1�,�bliShal7 Dl'�nY¢`I S dT t i IS�'�t + un„ r+ y: � ::4� ) £ _d ,���.. '�rkk±.M1" { k 7 n f r a r h �rj`y� r+q�-.Av',j�{„ 7y✓•+i:=St+ tt'i� i; y�..� � + i� r ,rl ➢ , L f '. Y 4 y �'F2i�:r.G i 'S�� J... : -•. a; r u y�r�:` + f r � � F� wr t t i f t<� lam+° 3e r � d� t �'�f +, K .te - ri � r rS >r��. RECEIVED THE COMMONWEALTH OF MASSACHUSETTS CORPORATION, w OFFtCE SECRETARY S ARTICLES OF AMENDMENT (General Laws,Chapter 180,Section 7) hereby approve the within articles of amendment r and, the filing fee in the amount of S /G having been paid, said articles are deemed to have been filed with day ofr r�It c� 19 V MICHAEL JOSEPH CONNOLL / Secretary of the Commonveeflh •y t f. ' State House,Gaston,Mass.' Td t,E I-II I ED tN 13� CO0 R,4T+uN tt t to PHOTO COPT' OF AINWADIWNT TO RF SEN I' — To- .. —Yf rrC ..... j.. . �n 9 E �tl sJ ,1 G CEd7�L Telephone e2 % y'S s .�? 1 . ) States at least 3 reasons for having a bank account (i.e. to save for a purchase; allow money to earn interest, credit reference, danger of too much money on hc.nd, etc. ) 5 consecutive times. 2. ) States at least 2 differences between checking and savings accounts (i.e. purchases can be made with checks, savings account money must be withdrawn at the bank, savings account earns interest ) 5 consecutive times. The following will be done independently with 1001) accuracy 10 consecutive tires in a controlled house setting. 3. )Identifiea deposit slip (by reading or color) 4. ) Identifies withdra.;al slips ( by reading or color) 5. ) States or read.r,. account number from p-ssbook. 6. ) 17ritcc account number in appropriate space on deposit slip. 7. ) Checks appropriate transaction box on deposit slip. 8. ) Titer car:•ect date in approrriate space on deposit slip. ;. ) ':rites nap it a^propriate space on deposit slip. lo. ) lirites amount in anpro.riate space on deposit slip. 11 . } :;ten 6 on withdrawal slip. 12. ) Sten 7 on withurawal slip. 13. ) Step 8 on withdrawal. slip. 14. ) Sins name in appropriate space on withdrawal sli::. � .. } Step 10 on deposit slip. 16. ) States at least 3 functions of a bank teller (i.e. accepts money for deposit, cashes checks, writes money orders. ) the .following will be done independently with 100' accuracy 10 consecutive times in a bank. 17. ; Locates teller ( as opposed to other bank personnel. ) 18. ) 'ifaits turn in line. 19. ) Gives slip ( with money if appropriate) to teller. 20. ) Counts money from teller and/or waits for receipt. 21. ) Writes ar.,ount in appropriate space in passbook. The following will be done with staff assistance at the time of the quarterly bard: statements. 22. ) Checks savings balance with bank statement. 23. ) Can give basic explanation of interest (i.e. roney earned for money saved. ) 24. ) Adds interest to passbook. The following will be done 5 consecutive times without asking for a:?ditional money until the end of each period. . } Sud:-et spendin ; money for a 2 - 3 day period ( (2) 2 day (1 ) 3 d:-.Y ^eriod per week. ) 26. ) Bud;-et -pendin: money for a 3-4 day period ( (i ) 3 day (1 } 4 day r._ricd ner walk. ) 27. ) 7udgct spending :.:cney for a one week period. The following will be done independently with 10d' accuracy 10 consecutive times in a controlled house setting. 1 . ) counts from 0 to 100 by is 2. ) counts from C to 100 by 5s 3. ) counts from 0 to 100 by 10s 4. ) counts frcm 0 to 100 by 25s 5. ) identifies coins (i.e. penny, nickel, dime, quarter, half dollar, hard dollar. ) 6. ) states coin value equivalence in cents (i.e. nickel = 50, dime 102) 7. ) states larger coin value equivalence in 2 ways or more (i.e. dime = 1 nickel, 5 pennies or 2 nickels; ouarter = 3 nickels, 1 dime or 2 dimes, 1 nickel . ) 8. ) identifies bills ( one, two, five, ten, twenty. ) 9. ) states ; 1 bill value eeuivalence in terms of coins 10. ) states bill ( 2, 59 109 20) value eeuivalence 2 ways or more (i.e. S5 = (5) 31 bills or (4) 71 bills and e, quarters. ) 11. ) makes change for :Sl or less 12. ) makes change for S2 or less 13. ) Lakes change for >5 or less 14. ) makes change for 810 or less 15. ) makes change for 320 or less The following will be done independently with 100 1, accuracy 10 consecutive times in a controlled5ZRE setting (i.e. with a staff person present. ) 16. ) reads price tags for 31 or less (both 65o and 3.65) 17. ) reads price tags for 35 or less 18. ) reads price tags for S 10 or less 19. ) reads price tags for $20 or less 20. ) locates cash resister / sales person 21. ) makes purchase for 31 or less 22. ) waits for change 23. ) counts change 24. ) obtains receipt 25. ) makes purchase for 35 or less ( repeat 22 — 23 — 24) 26. ) makes purchase for ;';10 or less ( repeat 22 — 23 —24) 27. ) makes purchase for £20 or less ( repeat 22 — 23 - 24) Travel & Safety Program - Baseline information 1 . Uses crosswalk to cross street . 2 . Responds appropriately to "walk , dont walk" signs . 3. Identifies red , yellow and green lights and their meaning . 4 . Looks both ways before stepping off curb. 5. , Walks on sidewalk . 6 . Walks facing traffic on side of road if no sidewalk . 7 . Walks independently to a specified location within 2 blocks of home . 8. Walks independently to a specified location within �2 mile of . home . 9. Identifies bus stop . 10 . Identifies bus by number or destination sign . 11 . Waits turn when boarding bus . 12 . Pays proper fare or shows bus pass . ' 13. Remains in seat while bus is moving . 14 . Obeys posted notices , i . e . no smoking , stand behind line . 15 . Interacts appropriately with other passengers . 16 . Uses cues ( landmarks , street signs ) to identify location for disembarking . 17 . Signals driver when destination is reached. 18. Checks traffic when disembarking . 19. Steps onto curb to wait for proper signals if crossing the street after disembarking . 20 . Travels independently to specified location by bus - No transfe 21 . Travels independently to specified location by bus using transf: from one bus to another. 22 . Asks for assitance when necessary. 23 . Can state name , address and home phone number if lost. .!a dail;, _"o7tin, will Cowm inte sev__. areas. Six of whit" will _ 4i_e sig: Zenaral areas include the folle-r_ : f Zjmmg'� x.1U : This area focusses on the normal C•_ily routin .'lows unon Lh nioninE and is essantial not only for good MOO but also in andcr tc ....,..-_ anrCr _atc presentation of Oiieu:.l_. instruction tion Flil'_ l_ J L:C-. ) toot}. _ _ ..s �.. _`� _.. '-us'�i:;;: riol•I �c properly a^:; co;r_'.etc?� er.< '� tooth; caro_ _. .i i:._ ..l _._.; .0 _tans; the need for -'COd dental hygiene. ��.duc_L°.C _ win _:r s ,_ l d iy periodic visits to dentist and will C. „le _is wzarinZ , .._t..., ) con'._n- hair. clients will be taught tow t: rrorcrly comb _rah.. nno ztzll their a1_ according to tha"_r individual preferences. Clierts will al=- be taught when', and how to appropriately make appoi.n tTerts anG int_rar`. with .:arbors and hail' stylists. c) deodorant usage: clients will be taught flow to choose deodorants specific to their needs and how to appropriately use them. d) wearin;; clean clothes: clients will be encouraged to wear clean c'_othez each day. The main focus of this item will be a Weekly clothing care program teaching Clients the proper use of a washer, dryer, iron etc. it will also address minor mending procedures and replacement of worn or ill fitting clothing. iedroom: This a.r-a focuses on the responsibilities of having personal ^ ss_n_-_Jas and on mainta_ninE ones own 'living area. 4s each client will have one rocmnat there will also he practical experience in the development of poor rslationzhi7z. Clients will ';c encouraged to and assisted in decorating their rooms a....__ .__ to their preferences. There will be occasional arts and crafts sessions to c_.. ._ clients how to make vario"s decorative items for this purpose. Clients will e taught how to properly awe their meds, MY and put away clean c'_ot'.__ _n.. store soiled items. _'here will ~ ina separate vocational component working _ conjunction Y!_.__ residentia' program. Work ..:_s area pertains to the routine one follows in preparing for work. It will instruct clients on the usage of bus a_.& train schedules and `_each them how to ..evelop a personal schedule allowing for sufficient time to toilet, dress, breakfast and leave for work on time. Clients will also be taught to choose appropriate Clotninj for the day. it will address cconatVic _ t_ __ and stylc 0 clo thin:: as well as work and weather_.__ =propria ee cloth ;V Will le encouragod to chock local weather reports to _ i•_ it feet___.. s E;S_-.� in _e._ perm. t c -7 %,:4 1 7 .,Ow c _OC:. r a- LO to also S- Orc C-' 7a'n -r avac 7.- c va c an,-� u 1 i n tinct.—Cte 0 ...... 0-- cleanli..,e.-77 an- hilt- en &'It- w- cat 4 7:etr a-�,-, will -.Jc a-, Z'Y'nz. 1,!i!7. W4 On ,-u tri-,L.*, --Icn's c- a--- w='_]. rov4c cl 44 1 -O%q- -!aV' -zo OW 7e0 USC a --U . . An- AW _ n ,.i., _ _ c. Emotional.� _ _ - _ - and .. ,_w us- _. _c, snocch ther,yj, _ _, , c. 'Oe in " onto trcawwt _ Qncaticn tca7 will input CoTinj frO7 ths client, family =!=, the vocationl cc7ronwt, ,.,. _ . 0-:4K. from former rlacc=tz and recommendations from -cr:Ac -ndAwl Lw' Director an& :rman Director. .,.�.rtll;r.b shall be construed as one parcel. No zoning ordinanrn�l era] structures from [7 ? CITIES, TOWN w^ deal law. cod Plein or wetlands regulations es[aolishedshall exempt land S & DISTRICTS "itIA § 5 pursuant to gen- city council, a boar; of selectmen, s board of appeals, by an individual owning land No zoning ordinance or �• to be effected by change or Pr- single femf7 r . - biding' shell regulate or restrict the Inerlor area of a .. K adoption, by request of registered voters of a town Pur- regulate or y esldontlal ryuildfnany suer[ to section ten of chapter t61 restrict the use of land for such ordinance or by-law ; planningp thirty-nine, by e oral Drohibi[, reg ° registered m voters In i ed b by a Pu see on land owned religious niciDal carter. by a lova! lannln agency or by other methods Provided DS mu- !111 islons es ed o.IensM b Purposes or for educe- The board of selectmen or cit fes I7t7c or b the commonwealth or ° of receipt of such s council shat! within fourteen daps Profit educational co lr s t or ° r review• zODiDB ordinance or by-law enominetio _ y]aw submit it to the planning board for so rorided however that sue and or structures y No 7gri7ng ordinance or b ec o reasons a regulations con eterminlne .- fi area ge cerning the h lo-and heiehr r the biennia S-law or amendment thereto shall be adopted requirements. Lands or structures ac s, open space, etruc[ s and g [ward In a city or town, and the city council or a committeeoddeesignated tion used, or to be pDarklrig and building coverage or appointed for the may be exempted In particular res by a public service rn which Interested Purpose by said scare!! has held a or by-law It, a Pests from the operation o1 a zoning ordinance hearing shall be held w![6lnOnS astxty-flue da s public nearing thenen at after notice Pon petition of the corporation, the department of f a zo unfolds shall, given an Opportunity to be heard Said public determine the!exem ursuant to section eleven by-law Is submitted to the 1 y after the Proposed zoning por tions and Public hearing In [be town there Is none, within sixty-five days of oarhe by the city C0°°m orsel amen or if land or structurere<1o7red and find that the present or pro or elty, denier or if lie, is reasonably necessary for the convevienrn or welfare of be pub- to the city council or selectmen. Notice o[the Proposed zoning ordinance is Submitted provided however, that If lands or structures used or of the sub eco time and Place of such Public bearing, lures c°rPoratIOU a to � u f matter, sufficient for identification, and of the re located In more than one munlclpall[y each 7 ndg or etruc maw thereof miry be inspected shellplace where texts and Cures may be exempted is particular res tion In the city or town once In each of Published o eUa newspaper Brice or by-jaw if, upon Pests from the o be not less ss, Per of Several ction to shall Petition of the co operation of any zoning ordin- than fourteen days before the dayofbearinthe and b Publication intlori to after notice to alt Affected dors corporation, the department of public ut111tles notice in a conspicuous la municipalities, determine the exemptions unities and fourteen days Place in the city or town Lal? for ati°g B0m public hearing in one of said y before [he day of said hearin Period of so[ lea. [Dari Posed use of the land or structure ti is required find that the sent by mail, postage prepaid to the departmentB Notice of said Learing shall also be welfare use the u Present or pro. planning agency if an boards of community ng Citie the Public. 3 icessnry for the conve°lcum or Zoning ordinances or b and LO the biennia regional Ct provision of a S•lews May B boards of all abutting cities and towns. trios b zoning ordinance or by-law shall be valid which sets a shall be Includ y provide that a separate, conspicuous y any boundary line which may Iv ed with Property tax bills sent to nonresident statement meat to the zoning ordinance y changed with adoption of part died to sa that notice of hearings under this chapter shad] be Sent by mall,postage>�rd�d Added by St.1 boundary c.508, S 8. or by an amend- _ y c Owner who files an annus] r 1975 clerk no later than January first, and pays for such notice with the city Enactment. This section was ate- ordinance orb P Ss a reasonable fee u es 1975 by such fovea, In part• from sections 2 and 10 of Law Review Commentarlea ylaw. In C.ges Inrola•In former c. Boa. Sufficiency of administrative notice scall be sent to any such nonresidentu pr or use changes within a district, See the Italicised note presenia findings, quest with the cit P OPerty owner who bas filed such a re- ceding section 1 Henry S. Healy. 16 Annual Survey of aTase. Chan i S or town clerk and whose Property lies to the district where the of this chapter and the note thereunder. "B". Boston College. change s sought. No a p. 676 (1971). valldae any � defect in the form of any notice under this chapter 4 leading S zoning by-laws or ordinances unless such defect Is found tobemis- Uniform districts �y zoning ordinance orby-law - No vote to adopt any such proposed ordinance or by-law shall be be uviform shall the district foeach class for kinddes ofeatructures or usestowns Into trt shall meeting report with r+ed°mmendatlons b a 1 taken vntll Districts shalls or city council, or twenty Planning board Las been submitted to the town Such ma 1e shown on a zoning map In a manner sufficient for Ide°ttxifiratiop• Sone days after said bearing maps shat! be ring ordinances or by-laws. Assessors' or ro submission of such report or recommendations. After suchotice, bbare eams without re- plena may be used part of ro port, or alter [went are used fors 88 the basis for zoning mhos. It more than four sheets or plat" gone days Bball have els ring and re- zoning map, an Index ma a On of such report, a cit p neer such hearing Lora[amend an- of the zoning map and of the P ehowing districts In outline shall be part such S council or town meeting may ado Added b zoning ordinance or by-law. Proposed Ordinance or ryT-law. If a city council falls to vote to adoptand �T y St.1915,a 808, ¢3. Posed ordinance within nine[ day pro- 1975 Enactment, This section was ate- vote to adopt an y days after such bee ring rived. In part, from eectlon Y of former e _ y Propos by-law within six Months after if a Iowa minims falba to n See, the hptenitalicized note preceding eunder shall far 6urh Lear) fOA. 1 of [rile chapter and the nate thereunder. - be men thereon until atter a subsequent rig, no notice and report as above Provided, bsequeat public-hearirtg is field with notice § 5. Adoption or changeNo zoning ordinance or by-law shall be adopted or changed Zoning of zoning ordinances or by-laws; procedure roe of all the members of the town council, or of the city except by cil a two-thirds Is a ordinances or by-laws may be adopted and from time to time a two b r [°n° °[ amendment, addition or re government or a Single branch, or ofyeacvbranch where tyre Is e tion or chhn a of g -laws but only In the manner herein afier Provided, ay are two branches, or by a two-thirds vote of a town m there the cit B zpn61 ordinances or by-law. may p td• AdW y or town with eetin y council or Iwatd of selectmen of a Proposed be ins 0 ed by the Submission to final Betil of.[ewer than toren[ - B 1 Provided that if i a P posed zoning ordinance orb - the clerk prior to final action b y five members there is filed avltb See text and annotatinne by-law 4y a ata[ivg the reasons dal y the council a written Protest against such mange, under Former Chapter 411 ante -— the land proposed y signed by owners of twenty per cent or more of the arra of Po to be [ricluded In Such c 114 nage, or of the area of the land Im- See text and annotatinne ander former Chapter 40A, ante 115 tt=or1. tri, uun- e%tience on tins hrotio a-d comprehensive term invoicing 4. Zoning c­647point—:he piain,,iff's testimon} that the HARBOR SCHOOLS. INC., et al, process of developing and trainin menta!, persona,-i director stated that unidentified g Evidence. in suit claiming zoning cs- moral. or physical powers and faculties, but emptier for facility devoted to education oifictal: IF: :he company" had agreed to °' n its broadest and best sense relates to In terms of employment----did not meet BOARD OF APPEALS OF HAVERHILL them all: terms "education" and '•rehabili- and improvement of emotional)}� disturbed -� :cis burden. There was uncontroverted ev- et al. _ children. supported finding that operations t (and a companion case=). ration" are not mutually exclusive and do of facility were of public nature, that rt ids-rice :pat no osier employee had the sort not denote functions so distinct that. in undertakings and objectives w ` of contract ailege,i M� the plaintiff. Appeals Court of Massachusetts. g were not com- L: mann closely analogous cases. u.e Essex. determ:mng applicability of statutory ex- mercial in character and not motivated for g empuon under Old Zoning Enabling Act, personal profit of any group. and that Faci - have hold that much morn explicit assur- Arguer{ Nov. 16, 1976. trier of fact would be required to quantify ity was entitled to zoning exemption under a revs by corpora., officers or agents do not ;hem relative to each other. >LCL.A. c. Zoning Enabling Act in effect prior to 1975. 'oin,i a eorportiiun for contracts of employ- Decided Aug 19. 1977. 40A § 2. St.1954, c. 368, § 2. M.G.L.A. c. 40A § 2. St.19.54, c. 36S. § 2. men[ of extraordinary duration, such as the See publication words and Phrases fourteen years involved here. Porshin c for other judicial constructions and cr,i,icr, 349 Mass, 653, 654-6.55. 212 N.E.2d Appeals were taken from orders of the definitions. Donald G. Tye. Boston (Edward J. Bars- , 216 (19651 (general manager. Thalin . Superior Court, Essex County. Linscott. J.. hak, Boston, with him). for Board of a ,- Friden Caicuiating Nach. Co.. supra. Simo- upholding, on reports of a master, a clam: 2. Zoning X255 peal=_ of Haverhill and another. 1 ne,''li i Boston Hous. Auth., 334 }lass. 435. for statutor} exemption from operation of Fact that facility which was devoted to James P. Cassidy, Jr., Lowell. for Harbor 137 N.E-2d 670 (1956) (personnel manager zoning ordinances by a facilit}' devoted t: education and improvement of emotionally Schools. Inc. and others. and preiect director). Braden r. Trustees the education and improvement of emotion- disturhed children provided live-in accom- o% Phillips Academy, 321 Mass. 53, ,1 all disturbed children. The Appeals Cour:. nioda-,ions and was confinees to emotionally Before KEVILLE. GOODMAN and N.E.°ts 765 1194) ('comptroller). See An- Goodman. J., held that: (1) for purposes e.` disturbed children did not render its pur- AR)ISTRONG, JJ. not.. k 4.L.R.2d 428 (1953). 2 W. Fletcher, application of the statutory exemption. th, l:,,sc les; "educational," for purposes of ap- Ccclopedia of the Lain of Corporations terms "education" and "rehabilitation' d:: ::icahilit} of provision of Zoning Enabling GOODMAN, Justice. 67. (rev. perm. ed. 19741. not denote functions so distinct that the :11t in effect prior to 1973 exempting from These are appeals from rico judgments. 4. Because of the plaintiff; failure to master could he required to quantify their n,ning ordinances facilities of educational each in an action in the Superior Court• produce evidence from which the jun- could relative to each other, (2) the fact that 0,- nature which served public purpose. M.G. both of u-hich upheld a claim made under find (or drier fad that the personnel director facilit} in question provided lice-in accnn: L.A. c. 40A § Z, SL1954. c. 365, : 2. G.L. c. 40A• § 2•3 be Harbor Schools. Inc. and the engineer had implied or apparent modations and "as confined to emotional:. See publication Words and Phrases (Harbor Schools), that it is entitled to oper- aothorm to bind the defendant to a four- disturbed children did not render its pur- for other judicial constructions and ate a facility on the premises without re- pose any less "educational;' and 131 et:.. definitions. gard to the use restrictions of the Haverhill teen-year contract. ie lie that the defend- zoning ordinance. One of the actions (see Bence supported forted findin_c that the facili:?'- ant had ratified the alleged contract. the { p g' a. Zoning X255 d,fendant's motion for a directed verdict operations were of a public nature. not cos'.' fn. L is an appeal under G.L. c. 411-x, 6 21. mercial in character and not motivated Wriether or not facility mac be found from the decision of the board of appeals of should 'nave keen granted. Therefore the serve ':,nv educational purpose which is Haverhill (board), revoking a building per- vorlict is set aside and the lodgment of the Penuna! profit of any group, an(] thom:y { � ! entitled to the ,taLuton exemption ,public.' so as to qualify for ex- mit (G.L. c. 40A, § 13) to make repairs and superior Court for the rlaintif( is reverse[{. 1n':ptfon from zoning ordinances under Zon- changes in the building on the premises in and a verdict and judgment for the defend- Affirmed. �':g Enabling Act in effect prior to 1975 is contemplation of its use h} Harbor Schools. ant are [o b, entered. -" be determined he application of u-ell-es- The onlc reason given b-, the board for its S„ oroera,i. .:,bushed principies which have been ap- decision was that "(t)he Board of Appeals 1. Zoning x235 !'lied under other statutes or legal rules to feels that this tape of facility is not exempt For purposes of application of set,o; -,r other ] whether purpose of educational from the zoning ordinance under the prov!- �' exempting from operation of zoning „n:.- ,r insntutlnns is public or private as cions of Massachusetts General Lacs. Chap- purpose facilities used for any educatea�. °"'•`n :n operation of institutions and bene- ter 40A. Section se The judgment entered purpose which is public, term "educa[i:m ; -` conferred thereby. M.G.L.A. c. 40A in that action determined that the in- I. t Li4. c. 365, § '? tiff. Harbor Schools. Inc.. conducts facilities I. Thr other Plaintiffs m his action. are Donald Haverhill and six residents. each of %lacD,nald, the o,cner of the premises a[ 675 okras property in the zoning district ui "!''"� .I , n : laws qpq. ? ac amend=d The statuton reference, ,n th!s opmwn Vain free[ h the u . of Haverhill xvc premix the premise, are located. - u 'tit !959 c. 60-. - I. roctd<d m est. and Harbor C UJls Inc;hr esecupvr dr P f '"t cep[ .,here of hero ice specdicall, mdtcatedI ,,t - -F,'tor f Harbor Citi.ol_. In . and a pa etc las 2. The companion case „as brou4ht he the `'` ht \I� ordma u, - bu,er and :;s pu t _: t, a purcgasr and sale n, the pt pIn, m ;he 75. c Era bu _ >c, as re>Wrn,� against Harbor schools. In:- DJt"' or mtts the use of 1-ted m +ffe�t poor to 4 o p ,- �OS. 6,t. a¢rrrmem ,t the pm ,e:. fhr .thee de(end- Lli cat opal nt rpo r ,c :n'h a pa-pec Fa,e ascumr.. ihi apphea btb[, cif ;nr rna v:••n th,. Fd..., .. ro zed ?f ac D,n:dd - sh,dl alu! .. we scateu. r_re;loent a rear [:. u; Har Cse or the Like Within Zoning Ordinance I "" •"' " " ` 11 • > = ur et Litt leen consistent with this fecisi e getcra! -md- rard College i. Assessors of Camhridge, 175 64 A.L.B.3d 1087 11951. [ "ne're' >}'stomatic instructions are gn-en to ing. And the appendix brings us nothing in }lass. 145, 146-147, 55 N.E. 844 1!9001. See each child in accordance with his needs as the iii of a motion to recommit or other Trustees of Phillips Academy r. .4 ndover. It is significant that the Legislature in ,cell as assistance to correct emotional dis- motion which attacks this genera! finding. Chapter 766 0( the Acs of 1972, in conn ec- required to See Bills %. \'unno. --- Nlass.A'11 175 Mass, 118 125, 55 S.E. 841119001: ter turbances If such assistance is 1 won with its policy' "to provide an adequate. "-- erson I. Trustees of Milton Academy, help the child to persue and respond to a ... ', 346 \.E.2d 718 11976t. supra : South Lancaster Academt i Lan-,� Itublich' supported education to even- child useful life.' resident therein," has recognized that "chit- Judgments affirmed. cas'er. ..42 Mass. SS3, 556. 136 X.E. 626 dren ["with special needs"] have a variety l [3] In order to qualiry for the zoning 11922.1. :tor Is its purpose an,, the less exemption under G.L. c 40A, § ?, Harbor - educational because it is confined to emo- of characteristics and needs, all of which must be considered if the educational oten- Schools must be found to serve "am' educa- tionally' disturbed children. Assessors otial of each child is to be realized."" Such a tinnal purpose which is public."e Lancaster r. Perkins Sch., 323 )lass. 418.. child is defined broad]} as a "child who, Worcester i. -\-esu England Inst. & Neu o h rersE:t'Fa� 421-122, 82 A.E.2d 883, 885 (1948) (uphold- England Sch. of Accounting. Inc. 335 Mass, ing a finding by the Aplxllate Tax Board because of temporan or more permanent o adjustment difficulties or attributes arising 486, 14f1 \.E...d 4i0 (19571. Lt-bother rt that the taxpayer, incorporated for the ben- from intellectual, sensor emotional, or serves a public purpose "is to be determined efit of "retarded ui badly adjusted children y, by application of the well established rinci- and of others requiring special educatioral physical factors, cerebral dvstunctions, per- P ceptual factors, or other specific learning P!rs which have been applied under other or medical treatment," was entitled to a tax disabilities or anv combination thereof, is statutes or legal rules to determine whether Leonard G. HEALY. Jr. exemption as an educational institution). the purpose of educational or other institu- Armstrong v. Zoning Bd. of Appeals, 158 unable to progress effectively in a regular ` school program and requires special classes, tions is public or private as shown in the Conn. "d ig edA. f 799 (1 due to nonprofit instruction periods, or other special educa- operation of the institutions and the bene- Fillmore W. McABEE. facility "designed for the education of chit- fits conferred thereby.'- Id. at 493, 140 dren with mild emotional disturbances and tion services in order to successfully develop r X.E.2d at 474. appeals Court of >.a..achusete utiliz[ing] tutoring, remedial edu- his individual educational potential." C.L. Barnstable. cational and rehabilitative techniques" [at a 71B, § 1, inserted by St.1972, c. 766, § 11. [4] The articles of incorporation of Har- 161, n. 1, 257 A2d at 8011 "conforms with While the emphasis of the statute is on ]sr Schools provide that "[t]he Corporation Argued May 20. 1977. an accepted meaning of the word 'school' integration of these children into the public is irreyocabk dedicated to and operated p Decided August 19, 1977. under 'the broad modern concept of educa- school system, it contemplates, as an alter- exc)usi%ek [fur] non-profitable and charita- tion and within the meaning of the term as native, participation in a program of "(8) ble purposes, and no part of the income or it was used in the [zoning] ordinance'' [168, teaching or treatment at a short or long assets of the Corporation shall be distribut- 257 :\.2d at 804]j. Wilt u_yck Sch. For Bons, term residential school." G.L. a 7113, § 2, m ed to or enured to the benefit of aindi- An action for declarator, judgment Inc. c. Hill. 11 \.Y.2d 182. 190. 193. 227 inserted by St.1972, c 766, § 11. and in- vjdual. except such reasonable compensa- that aasheriff's sale of real estate to defer:d- o tior, s may be allowed for services actually ant was invalid was dismissed by the S.1.S...d 655 (196_) tan institution for the deed the master found that the Haverhill care and education of emotionalk dis- site had been given a three-month interim rendered the Corporation, and assets, bene- rior Court, Barnstable towner. Zarnnc. J.. turbed, delinquent, dependent or neglected approval under c. 766- See G.L. c. 71B, fits or rights granted to the Corporation." and the plaintiff appealed. The Appeals boys aged 8 to 12 operated by a private 10, inserted by St.1972, c. 766, § 11. Such Dec'isiye on this question is the master's Court, necille, J.. held that: (1) be se!ec:ir. nonprofit corporation is a "school" as that approval seems quite consistent with the finding that. "[o]n all of the evidence, and 10 A.M. as the hour for automatic cr,tr, ,( term is defined in a zoning ordinance ,de- findings of the master detailed above and all of the reasonable inferences which I can judgments, - the legislature in:emied spite the fact that the students require spe- his final comprehensive finding that "each 'Ira"" therefrom I find that the judgments should he so entered on!. :n cicd attention"). See general],, Annot. facility conducts a school for intellectually operations of Harbor Schools. In- cases which became ripe by close .,, i ,..,- corporated are of a public nature. I find ness on the preceding dac; 1-2) where ;be r. This policy had its beginning at least ge early still continues a furnish [hem with special in that its undertakings and objectives as such petition to vacate had not gone to ; :dgme nt as nt t when the Legistat are tin language more surucuon t at great cost: and will she longer at the time of the sheriffs sale on May d. a Dlun[ than we now use) appropaated "a sum neglect the poor idiot.—the most "'retched of are not commercial in character and not not exceeding t"'entl-five hundred dollars an- all who are born to her.—those who are usually motivated for persona] profit of any group, stay of execution on pre%ious judgrn: nt w:i> nualN, for the term of three years. for the abandoned by their fello"s.—who can never. tin,! generally serge a public purpose," still in effect, and the sale u- s prema-_:7, purpose of training and teaching ten idiotic of themseh'es, step up upon the platform of P Thorc Is nothing in the master's .ewe, in- children." Res. 1848. c. 65. h was passed humamn',—will she leave them to their dread report Judgment reversed and carr ree;a n,i,.i. after a report. submitted by Samuel Gridley ful fate. to a life of brutishness, without an 1. \l-e make no determination .chether the a hibu, reg Howe. (lb48 Sen.Doc. .\'o. 51. at 52). whit Sam- P ula[r o- reztna h .r effort m then behalf" See fo Schwartz. pi¢'a bil,[c of the zoning exrmpn n to on the structures for wrote, zen, to chars admits the right of all uel Gnd!e}' Ho"'e. Social Reformer 1801-16'6. eumr ubstan... co idxo-, or. under the sac- o:' ar,d owned or leased her atizens to a share in the Blessings of edm c �. ,-The Education c( the Feeble blinded"! . .. : purpose ana, in accrr:ance tcith IG.L. c, antic::sated that admissions to the Hztern.l: amply qualified "to administer the program board (see fn. 4) has proper;.: ahantione? 40A, § 2], is exempt from the operation of fay F:;": ,till he confined to girls from ;^< of these facilities which are devoted to the the contention apparentk made :n the nr_., the zoning by-law's of tie Cite of Haverhill ages thirteen to eighteen. The maser education and improvement of emotionally ter that las stated in the m::ster< r,-., . and is entitled to a building permit at 475 furfner found that Harbor Schools had .`;.- disturbed children." "the use to which the building is :[• .Main Street, Hayerhil!.' The board and ty-one "students" referred through agenries The master found that "[t)he children merek a care facility for r:^. idn�r.. �.�c7 one of the individual residents. Dorothy Of the Commonwealth—primarily b, in, [whom) The Harbor Schools. Inc. works underlying medical facilities ar.d Tyc, who owns property at 681 Main Street Department of Public Welfare Howece with are basicaily emotionally disturbed mal educational aspects in the vicinity of the premises, appealed individual private admissions are Iwssih:<. children with educational and in most jn- board now argues that las stater. ;- (see In. 1). stances psychological problems. brief) "at the ver•: most the educati,�r. >- The master viewed :he facility in Ames- In evert case, each of these children admi:- The second judgment .vas entered in a bury. which the parties agreed "was typical plied to them is an equal companion case for declarator} and jalopy- ted needs emotional psychiatric adjustment their rehabilitation." But "edt:catioc" ; of the other units operated by The Harhor as well as daily educational indoctrination - tive relief (see fn. 2). It raised the same Schools. Inc. and would. in a great measure. "rehabilitation" do not denote functiass st issue as did the appeal from the decision of s' in the basic studies such as English, mathe- distinct that the master could be rr,:uire•i be Iced to the facility intended to be matics. science, etc. Most of these children the board under G.L. e 40A, § 21, and the operated in Haverhill." He found that to quantify them relative to earh o._<.. judgment entered was to the same effect as are so emotionally maladjusted that it is They are not mutually exclusive. Amos: "[t]he facility lacks some of the sophisticat- impossible to keep them in am' public school the judgment in that case; Dorothy Tye ed and modern equipment found in some one hundred years ago the Supreme J::dl- appealed. facility and they need special attention and ducation" tial Court characterized "e public schools, but in its simple state, it individual care. . [A]s each child is as Both cases had been referred to a master offers an atmosphere of calm, home life, admitted, each child is given carious tests broad and comprehensive terra. It has 'sten who had heard them together and had filed coupled with educational indoctrination in to determine his intellectual capacity, any. defined as 'the process of dece':ooing and Lino separate reports which were confirmed each case suitable and essential for the indi- social problems which he may hate, his training the powers and capabilities and in which the findings of substantive cidual invoked. In the educational process spirit of cooperation• and his ability to be- man beings.' Education m , facts are identical. (References hereafter the facility attempts to tune in the wave come involved and socialize with his fellow particularly directed to either to the master's report, in the singular. are length of the particular student's inteliectu- students. [A]II of the children, moral, or physical powers and iacu!ties, F�: intended to include both reports.) The only al capacity and to keep up with his learning are given periodic diagnostic reading tests in its broadest and best sense it s reaves question before us is whether the master' ability and achievements. It constand} at- which consist of word recognition, word them all." Blount Hermon Boys' St• report yields an adequate basis for the tempts to keep up with the student and analysis, carious achievement tests which Gill, 145 Mass. 139. 146. 13 X.E. 354. 3z' judgments. Whaler Votor Inn, Inc. y. Par- develops his abilities. Correction for char- involve world (word,] knowledge, reading (1881). Emerson r. Trustees o; 1L:o- sons. — Mass.App. —, —•, 339 S.E.2d acter weaknesses is also handled on an indi- comprehension, spelling, language. simple Academy', IS5 Mass. 414. 418. 70 \.E. -1 t_ 197 (1975), and cases cited;' S.C., — cidual basis." mathematical computation, [and] mathe- (1904). Assessors of Doter 1 Do.mir.;t;i7 .Mass. —, fn. 4 1, 36.3 \.E._d 493 (1977). furthermatical problems. [C]arious standard tests Fathers Province of Sr. Josep.^.. 334 )Iacs< We hold that it does. Hehoofs found. with reference to Har- which are em loved in the public school .22 bon Schools generally, that each facility had p P 530, 5.51, 137 S.E._d .a 119�i6�. The master found that Harbor Schools two teachers who "are college graduates— system are also used at this facility. Each The definition seems to us sta! service::- was a corporation organized under G.L. c. all with Bachelors degrees, some of them is given standard achievement tests which ble despite the new jargon (e. g. 're^a`."•i:`::=- 180 and that it operated three facilities, two have Masters degrees. Most of them,if no: are used and recognized for public tion." "therapeutic") which has aceomi,::- g schools."t 1 in Maine and one in Amesbury. Massachu- all, hate had specialized training in dealing nied attempts to create new di cit setts, "which are devoted to the education with children having unusual emotionar:' The master's findings find support in the The definition is echoed in \l"ehsts T. . and improvement of emotionally disturbed prohlems of psychiatric nature, requiring purposes of Harbor Schools set out in its New International Dictionary I.9.1, children'; the premises ❑ Haverhill are special knowledge and experience."' Harticies of incorporation which. as listed by r I - gifi ves as one of the denitions of proposed as the site of a fourth such facili- also found that the executive director of the the roaster, indicate an emphasis on educa- tion": —"the act or process of tion and instruction. Further, the master tc. Harbor Schools admits children from facilities was a "well educated man of vast ith knowledge, skill w . compe:en:r. : found that Harbor Schools was given a tax c.- include a. Mass.A usu[ally] desirable qualities of be".at-:,�- pp.CrAdc.Sh. (19CSi 1473, 14'9. to the board as appellant shall be deemed ��� exemption "under Chapter 32 of the Inter- q - p Ilam character or of being so provided esp[e<•i::.- include areference to the individual a pe nal Revenue Code. as anon-profit educa- 4. No question of standing or other procedural Tye as well.) I.r r. a formal course of stud). i^.s:ruca� (lona) institution permitting it to purchase matter is raised. The appellants have pts des or trainin - in the record appendix venous documents des gas and lubricating oil lax free­ (presuma- g" PP b. Masa Adv.Sh. (19`j IOFB. 1089. fn. 9 ignaeed as "exhibits." presumably received be bly under IRC. 4221[x)[5] and [?] We see noshing into^xis:v^.: tt'::'the master. They are not referred to in the chem § 42211d][51), ucttiunal purpose in [hr fay: ;. . :hv [ master's report and there :s nothing to indicate 5. "p)r, addition to the teachers . .. ,,....- are house counsellors and house matrons ,lit, ^ that [hey are otherwise par, of the record on 6. [)(her relevant findings are. a "The Harbor novels and stories Th, n• .1.1,s: a eal. w'e therefore co oversee the act:titles of the children who are .t , pp confine our considerate � _ .. c..,...,.._ _- I I 1, .,l ;rr r .•� ! i r,!5%','/li/I%,/�l//G�/�l/ljlrid,%l� ��q,/,l�'ti p. From Subject L .6t C'-'7' f e X 14- _X �J l� ._. � T� �«, ' _ s: Ir 47 —21 ! / -- 1 uate Signed WilsonJones (i •'3 J•Ti1NTEGINJaO `�S}�� - 493 p November 28, 1988 PQ I LU I H c-9&fT Ms. Leri Bertome 4 I Il �p4 186 Lafayette Street L Apt. q2 RE cldE© Salem, MA 01970 �I{y OF ALENtMA66. Mr. William Munroe City of Salem Building Department One Salem Green Salem MA 01970 RE: Property at 186 Lafayette Street Owned by Mr. Vasile Steven Dear Mr . Munroe: Reqardinq the above property, I have been to the following offices/departments in the City of Salem: City Clerks Office Assessors Office Board of Appeals Registry of Deeds Electrical Department Plumbing Department (Via Building Department) Fire Marshall None of the above departments show any of the necessary records regarding a zoning change for the above mentioned property. All show records of the property as a single family dwelling through 1984 or beyond. These departments, such as the City Clerk: and City Assessors Office, that show the dwelling as two family( based only on visits to the property) , show two families dwelling at the property only after 1984 and not before. All of these departments agree that the dwelling could not likely have been purchased in 1984 by Mr. Steven as a single family, if the construction, electrical work and plumbing word that have been dome at the property had existed at that time. They concur as do I , that alterations to the building as they exist now were in all probability done after 1984 and all records show that only one family occuppied the Single Family dwelling prier to 1985. Page - 1 4 Therefore I have the following questions regarding this property at which I reside and to which I am requesting a written response by your department: - How many families is the above mentioned dwelling zoned for and where is this information stated or documented? - If the property is zoned for more than a single family, what records does the building department have concerning such request as well as when and how the zoning change became effective'' - Does the building department have on file the necessary applications for, or any actual permits granted for construction work: to alter the residence from a single family dwelling to a two family dwelling? - Does the building department have any record of request for zoning change to a three family dwelling and/or any permits for construction of a proposed third dwelling at this time .-' - Does the building department have any records of occupancy permit (s) being signed for occupancy of any of the units at this property? It is critical that I recieve your response by close of day 11/30/88. I understand that this only gives you a little over two days time, but due to the fact that you and I , as well as Mr. Martineau and myself , have discussed this information and you have both previously answered verbally all of the above questions, I feel certain that you will be able to comply with my request. If you would please call me at 745-0400, I am employed at One Salem Green, I will stop in and pick: it up. Thank you very much for your cooperation. Sincerely, i Lori bertone Page - 2 DEPT. FILE COPY CITY OF SALEM BUILDING =° 4 s SALEM. MASSACHLJSETTS 01970 PERMIT T^ ✓ .. VALID.TION 4E"aN[ DATE Dec. 1 19 87 PERMIT NO. 1271 APPS ICAN' R.J. Doiron ADDRESS Peahndy MA 054 _ 1M0.1 S1P[E11 PEPM-T T; Erert dormer 1_31 STORY DWrTT TNS NUMBER INGFUNITS 3 111P! P PR Or[M[w11 R0. IVPOVOS[0 uSU .T (101ATIcN-I 186 1afayette Straet Ward 5 oIS7141C R-3 1.0.1 1519[(11 BETWEEN AND 11.05. 511IFF" IC.0ss ST REF 71 L0T SUBDIVISION LOT BLOCK SIZE BUILDING IS.TO BE FT, WIDE BT FT. LONG BT FT. IN HEIGHT AND SHALL CONFORM IN C0N5TRjC7IO1 TO TYPE USE GROUP BASEMENT WALLS OR FOUNCAT ION ",PEI REMARKS: Construct Dormer on right side of house to add two windows "CALL FOR PERMIT TO OCCUPY" REA OF PERI /OLUME ESTIMATED COST p a-10-0a-10-0-0-0-0—O. FEE N' T a-10-0-0-0-0—a-10-0-0-0-0— C 53.00 C':Blc'"PIPE FFET� , ]WNEF Vasile Steven 415 Atlantic Ave. . MarbleheadmA inspector of Buildings J.S. DEPT. FILE COPY q !!' CITY OF SALEM BUILDING =° 9 s SALEM, MASSACHUSETTS 01970 PERMIT TA � VALIDATION V�CUIiN DATE March 16 19 88 PERMIT NO 104-88 APPLICANT Anthony Ramsey. ADDRESS 186 Lafayette st . 1055 IPo.1 ISTREn1 Iw.1 P's .�<E Ps1�— PERMIT T,,. Erect dormer 3 DWELLING NUMBER OF ONE �_) STORY DWELLING UNIT$ 11 rPE 0' IMPPOTEMEVII P0. IPPOPOSEO USEI A, ,, ,P1,DH, 186 Lafayette STreet Ward 5 ZONIN F.-3 I,0.1 Is1REETl DISTPICT BET WEE1, ARE ICPOsa 51RE1T1 ICP055 STPEE:I LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS.TO BE FT, WIDE BT FT. LONG BT FT, IH HEIGHT AND SHALL CONFORM IN CONSTR'J:TIOI, TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION A,, REMARKS: Erect 13' wide Dormer "CALL FOP. PERMIT TO OCCUPY 745-9595" AREA OR P PERMR /GLUME E571MATEE COSTS 4 .200.00 FEE S 30,00 '[cB16 50a/.RE FEETI .]WNER Vasile Steven 'SL *W, J4rrs'wr�.R. c_E 186 Lafayette St. , Salem,MA -r inspector of Buildings S.S DATE OF PERMIT PERMIT No. OWNER LOCATION 10/8/45 423 Arthur J. Livingston I 186 Lafayette Street R-3 STRUCTURE MATERIAL DIMENSIONS No. OF STORIES No.OF FAMILIES WARD COST DWELLING WOOD 3 BUILDER " 12/ 1/87 COPIED ALL INFO FROM ORIGINAL CARD" 10/8/45 11423 Erect storage shed 5'X12' $ 150. 12/ 1/87 111271 construct a dormer on right side of house to add two windows est. cost $8,000. fee $53.00 (Owner - Vasile Steven) 3/ 16/88 11104-88 Install 13' Dormer ,est . cost $4 ,200. fee $30.00(Contractor -Anthony Ramse RECEIVED LETTER ON NOV, 8, 1988 Stating this dwelling is a two family (See letter in file by former Building Inspector Richard McIntosh) Citp of balem, ;fflaggacbugettg Jdubfic Propertp Mepartment Nuilbing Department One balem Oreen 745-9595 text. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 16, 1988 Mr. Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: 186 Lafayette St . , Salem,MA. Dear Mr. Steven, In regards to my letter to you dated October 19, 1988, I would like to inform you that a letter from Mr. Richard McIntosh, the previous zoning enforcement officer, is on file at this office . The letter state that the above referenced property is a two family. We still cannot find a building permit for the exterior stairs which pre- sumably are used as a means of egress from the second unit . Sincerely, I �' Maurice M. Martineau Assistant Building Inspector Citp of baiem, Aa5gacbu!5ettg iDublic Propertp Bepartment psi Tlduilbing Bepartment ®n :palem Orern 745-9595 Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 19, 1988 Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: 186 Lafayette St . , Salem,MA. Dear Mr . Steven, This office is in receipt of a written complaint regarding the above referenced property . Our property card carries this property as a single family, although it appears to be more than a single family, as evidenced from a site visit by this department . It also appears that an exterior stair has been constructed without the benefit of a building permit . If there is more than a single family at this address it appears to be in violation of Zoning Ordinance of Salem. Please contact this office within seven days from receipt of this letter . Sincerely, �,, � �fits�kcei�,(%fCa.�JYt.�c�,c. Maurice M. Martineau Assistant Building Inspector MMM/eaf C.C . Mayor Salvo City Solicitor Ward Councillor City Clerk of 'ffia5mr4nutts 5 3 3 Public Property Pepartlnent s X11 uilbin 1 Prpartnirnt (@nC f6air i (Fifi[n 745.11213 June 27, 1985 Mr. Vasil Steven 186 Lafayette St. Salem, MA 01970 RE: 186 Lafayette St. Dear Mr. Steven: Due to the fact that building, plumbing and electrical work have been done at your property, located at 186 Lafayette St. , without benefit of obtaining the necessary permits, this office cannot, and will not make a determination as to whether the property is presently a legal two family house and satisfies the Massachusetts State Building, Electrical and Plumbing Codes as they pertain to two family occupancy. Once the required permits are obtained and the proper inspections made I will again entertain your request for a decision in this matter. Sincerely, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms cc: City Clerk City Solicitor Electrical Dept. Plumbing Inspector Fire Prevention Speed Letter 44-902 'Gr Line / ('� Speed Letter„� To IiL( 5 ! l ' �/ QM From / 1 ¢/1- r Cil �� �h � g,� 7�-L I Subject t YO4-w� I ' MESSAGE Z LYyn v G" tp( Date p —�3-5(( Signed REPLY / I Dale Signed WilsonJones GNAYLINC wiIM 44 W2 o"'11 RECIPIENT—RETAIN 1'VIJITE COPY, RETURN PINK COPY C 19tlJ•PHUAT EG IN U S A 483 rlans-must as niea ana approves oy the inspector oetore a permit tor erection wiu oe grameo, duplicates of which when approved by the Inspector shall be kept at the building, during the progress of the work., Na /�7 City of Salem. .. , wary J� R LICENSE # �3V3q TEL.#. ' APPLICATION i • -'�'�w' FOR PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS salem,Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the efollowing /specifications: Owner's name and address f_Cftjj 4 �aeeA� �i��Jr�1 /��uf�C Alle MWWW Architect's name Mechanic's name and address AT 0 GOA PEA0 SS — ,ZOf Location of building, No.— EAC2 �_S /�/1/ What is the purpose of building? Material of building?— if uilding?if a dwelling, for how many families? Size of Addition: No. of feet front,; No. of feet rear,_; No. of feet deep, - o. � � No .o[ stories? � Nfeet from the level of the ground to the highest part of the roof? ,�02 Qr How near line of the street? 4d4,/(!--7 re9:.. . How near line of the adjoining lot?��C What will be the means of access to the roof?_ _ W/AVQd ltiS Stfloor timbers, lst3rdriYYU/y; 4th ;5th S Distance on centers? Sire of carrying timbers? Distance of supports on center�v2 What kind of support? Wilt the building be erected on solid or filled land? What is the material of foundation? 1d Will the roof be flat pitched, ansard or gambrel? Material of roof covering?itS�/l'/�iIC�C� �/ �Rb:G�bSJ �� I1 Will the building be heated by steam or hot water or hot air? No.. of brick walls? Where located? Thickness? Will the building conform to the requirements of the law? Estimated cost --ti Signature of applican / K SIGNED REMARKS PENH TY OIFOPERJURY �. See rue Depan en.L F.t m. P-[.eve uc' on 5U eau 48 La4ayette Staeet Sa,Zem, Ma 01970 (617) 745-7777 FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In ac-o3dance with the paov.t-"one o4 the Maa"achu,eett6 State BuLZd,Cng Code and the Salem F-ZAc Code, app4.icatLon .Le he%eby made 4oa appaovaZ o4 plana and the .i,"uance o4 a eeatt4.icate o4 appaovaZ boa a bu i Zd ing peAm tt by the SaZem F.�4e Depaa*ment. (Re4. Seeti.on 113. 3, Mae6. State Bldg. Code) Job Location: nn Ownea 5 /--e fu E.Zecth%tcaZ Cont=ctoa: Fd ee Suppae664on Cont-actoa: Stgnatun.e ob APpZtcarbt: �L/ Phone #: Add-ce66 04 � _ city oa Appl i cam: �� ���, /l x yl?/j)� Town: AppAovaZ date: ii - '� �) — CeA,t.Z4,i.cate o4 appaovat t-6 he,Leby gaa.nted, on appaoved pZann oa zubmtittaZ 04 paoject de-t�, by the Salem FZvLe Depaatment. AZt p.Za.n6 a--Le appaoved 6oZeCy 4oa .i,denti6tcat.i.on o4 type and Zoca -Zon o4 4ine paotection devi.ce6 and equ.Zpment. A t pt-arv, ane 6ubject to appaova,C o4 any othea authoa-ity having juai-6&i.cti,on. Upon eomp.Ze-Lon, the appti.cant oa -i"ta tea( 6) 6hatt aequeat an -&Lzpecti.on and/oa te6t o4 the 4ZvLe paotecLion dev-i,ce6 and equipment. 1 ** FOR ADDITIONAL REQUIREMENTS , SEE REVERSE SIDE ** 1 0 New co"tauc-t-ion. 0 Paope,,ty Cocat i.on h" no compP i,ance wi th the paov,",,on-6 04 Chaptea 148 , Sect.i.on 26 C/E, M. G. L. , aeZative to the .i."taZa-ion o4 app Loved 4.ine aZavun devtcea. The owne,L o4 th46 paope-,z ty Z4 aequ-v e-d to obtain compR i.ance a-6 a cond, tion ob obt L.Zn,i,ng a BuAtd mg Penm.itt. Paopeaty Zoeati.on Z4 in compZia.nce w.Zth the paov-ia-i.on� 04 Chapte-,L 148 , Section 26 C/E, M. G. L. mac-' ExpZa tion date: Scgnntune o4 FtLe 066tc-i.ae Fee due: under 7 . 500 Sq. Ft. - $ 10. 00 7 . 500 Sq. Ft. oa .Zangea - $25. 00 Form #81 (Rev. 9/87 ) 40 0119, Mo-9 d4Nd (uad o nead o L7/S 1� 7.700a/ r" �L� �'•1- �P� .DIY C/�"�f1ir� 7_ (991wirlo) 74- 3 (�q;pz7v�r s x—Z' 9X( �0a% S8J N/ Jd $ - / 17/00 S ` 0qS YrruU 0 E( rr noof Snlo vdc ds L �o— �_ r Plans must be filed and approved by the Inspector before a permit for erection will be granted, duplicates of which when approved by the Inspector shall be kept at the building, during the progress of th ork. /D y F� City of Salem No. `e Ward ae� ��GMWj o vi n A al 0o APPLICATION = o � LICENSE 0 EW?` CD FOR TEL.# 52S-025/ CAD ii�RWT TO BUILD ADDITION OR MAKE ALTERATIONS /T TO THE INSPECTOR OF BUILDINGS: Salem,Mass., /%?"/w The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address 'UA"7/(-0 5-Zy Architect's name Mechanic's name and address Arw '� FJ41(- S Location of building, No. d-AF;9,C)677-G 5T. What is the purpose of building? R5S/,067 )7-'iigl Material of building?- WOOD If a dwelling, for how many families? I A Figm, Size of Addition: No. of feet front, ; No. of feet rear ; No. of feet deep. No. of stories? No. of feet from the level of the ground to the highest part of the roof? 9rn How near line of the street? How near line of the adjoining lot? What will be the means of access to the roof? Size of floor ti 1st aROc /n ; 4nd_ a»1 ; Srd�; 4f ; 5th Span.�� —LZ Distance on centers? IC— Size CSize of carrying timbers? Distance of supports on centers? What kind of support? Will the building be erected on solid or filled land? What is the material of foundation? A Will the roof be flat, pitched, mansard or gambrel? P�7rn Material of roof covering? - �1Z5 Will the building be heated by steam or hot water or hot air? No. of brick walls? Where located? Thickness? �^ Will the building conform to the requirements of the law? yFS Estimated cost V.2 In In z�- Signature of applicant (� r� REMARKS SI 9 D UNDER, THE PEN.^LTY 01= PERJURY Salem FZLe Department F.i Paevent ion veau 48 48 La4¢ye"tte StiLeceet "� C Salem, Ma 01970 (617 ) 745-7777 t FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In accordance with the pnov.i4Zon,6 o4 the Ma"obach"ett"e State BuZZd i"ng Code and the Salem TZ. %e Code, appZicatti.on .i. heaeby made 4oa appaovae o4 peon" and the i,6,6uanee o4 a ce2LL4tcate o4 appaovak 4oa a bu,i.ed,i.ng penm.i�t by the Salem Fi.&e Department. (Re4. Section 113. 3, Ma."ea. State Swig. Code) Job Location: 57�O Owner/Occupant: EZectit,icat ConxAactoa: F.ivee Suppaeaa"i.on Cont/Lacto4: S-ignatun.e o4 APPZi.cant: J H Phone # : � �a Addae.a.a o4 C- ty on AppZ,.cant: Town: ( Appaovae date: Cea#i."cafe o4 appaovae "ira he,Leby gn.a.nted, on appaoved pZa" oa .6ubmtttae 04 paoject detaZt-,�, by the Salem FiAe Department. A t peanh aae a.ppaoved ooCe.ey 4or tdenti.4"ication o4 type and ZocatLon o4 4ZLe paotect.ion dev.i,ee'6 and equ.i,pment. Att pt-a" Luce .6ubject to appaova,e o4 any oche. L a.uthoa"i ty hav-ing juA4-6 ,icti,on. Upon comp.Cetion, the appZ,.cant or -nztat er (,6) t,ha Z neque-et an i"pec -ion a.nd/oa te-6t o4 the 4"i.r.e paotecti.on dev icea and equ"i,pment. ( '' FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE :: ) New eonntructLon. OPaoperty eoeation ha.6 no compZianee with the paov4-6-cont 04 Chapter. 148 , Sec-ti-on 26 C/E, M. G. L. , creta 4,ve to the "in.6tatati.on o4 appaoved i6 ce aeanm device". The ownea o4 th is paoperty "i,6 aequ,vAed to obtain compZi,ance a,5 a coed i t ion o4 obta.in Lng a Bu.i.E ng Permit. Paoperty tocati,on "iia "in compliance wZth the paov"i,a"i.o" o4 Chapter. 148 , Section 26 C/E, M. G. L. xp i-aa ti on dater L S igna t a� o4 Fi'vLe 044tci,ae Fee due: under 7 , 500 Sq. Ft. - 10. D 7 , 500 Sq. Ft. oa Form # 19/87 ) op 41 Ch I t� 10, 4 O � I �I �y.��-(l� • i -�� w ZY'a 9/ sb'cy DOD 4 Location, Ownership, and Detail must be Correct, Complete and Legible. s + fd4 4'°Pt Separate application required for every building. " Plans must be filed with this application Application for Permit to Build -----------CLASS B ILDING) Salem, Mass.,__-_- Y TO THE BUILDING INSPECTOR: The undersigned bereby applies f r a permit to build, according to the following specifications:— Location, No. 6 --_--___ _--__---_— mrd. ` —Name of owner is?_ ��'r" �'----- --Address /J±=i LF: °- Name of mechanic is?-- .a b > £ Name of architect is.--_ y Material of building?-1 --__ ---.---_ / —_. C Building to be occupied for? -- -'-. .�'.-. Number of stories? mVHow many families?---------- ----- ---- - -- — ---- ---- - -- -- y F How near the line of the street?.---_--- _____—_—___Width of the street?—__.----- -- c Will the building be erected on solid or filled land?--_-.— If in block, how many? o Size of lot, No. of feet front?--_ ___.______...__;feet rear? ------- feet deep? — y aSize of building, No. of feet front? ___—/_No. of feet rear?--/.-___—No. of feet deep? No. of stories in height, above basement?._.I___; No. of ft. in height from sidewalk to highest point of roof? v !"---------------Material of foundation?_—____._.--------------- -If concrete, submit specifications. t u :j Will foundation be laid on earth, rock or piles?____--.-.—._ y a QO, Length of piles?_____—_---_------Wood or concrete piles?------Cut off at what grade? d Number of rows?----------_-_--.____-_______Distance on centers?--_—Capped with stone or concrete? —_ t4 ,a4 Diameter top? _ ---___ —_ --Bottom? _--_.----_-- — __- d Size of sills? .._-._. — Posts? _ Girts? __— ---_ Plates?---- _ __---_--Buildin how framed?--__--_.-_—_--� m.o Braces how put in.?-.—..--_.--.. -.— g ►Sj 1 .0 Sizes of floor timbers (see plans)_-------_--Gra de of basement? ______-- 0 a d External walls, l r 1st,..__-_.-.-_ 2nd,------3rd---------------- 4th,__------- 5th,________. W _ Q y } thickness? j Party walls, JJJ l 1st,____.___.— 2nd,______—_3rd,—----------- 4th,___—_______ 5th,_____:______ .a y Are the walls solid or vaulted?-_-_-________.----___—_.--Material? ar What will be the materials of front?—___.._----_____------- —sides? _—___..—.—_—____— Z B Will the roof be flat, pitch, mansard or hip?__—---._.-..____Material of roofing?— ___ r� a w What will be the material of cornice?-- What will be means of egress to roof?— Q q How many means of egress are provided?-- Conductors connected to? 0Are there any hoistways or elevators?,------How protected?--- a 0 o1 How is building heated?--..—..----__—__--Basement ceiling, how protected?__—_ ----_ a 01c Means of extinguishing fire?----__— _--Will chimney have flue lining?—___ X _. Stairways enclosed in brick walls?---------Thickness of such walls?-- _ Number of brick walls?— _—_--Where placed?----- !F THE BUILDUIG IS TO BE OCCUPIED AS A TENEMENT' HOUSE, GIVE THE FOLLOWING PARTICULARS: aHeight of cellar?----------------_ of basement?—___--____—_—__----- am Height of first story------ second„---__.-_—__—__ third,.-------- fourth,__----__.____ m v Is the cellar or the basement to be occupied for habitation? -- a Distance from lots lines? Front,—__-_..._—; side----.--; side,--__._--.._.-_—; rear, — — ..pq EIf there is a building already erected on the front or rear of the lot, give height.._................—_— --_— State how many ways of egress are to be provided---_---_— =° Nature of egress? - - ---- — --——- ---- --Metal covered doors?-------------— - -- - —-- - — a Will the building comply with the requirements of statutes? ----------_ Estimated Cost, /rr1 Signature of owner or authorized — �—�-_” — representative i Address i Builders' License No..--_ P18. 2M. 9.18.28 i PLAN OF LOT CORRECTIONS Showing Location of Proposed Structure TO BE MADE WITH RED INK No-------- ------------------ BEFORE PERMIT IS GRANTED MEMORANDA I APPLICATION FOR PERMIT TO BUILD �i --- -- -------------------------- --- -- MEMORANDA - ----XI- --------CLASS BUILDING ---- ------------------------ ----- - ------ --- - --------- --------------------------------- ' LOCATION /I it�:;� � -------------- --------------------=--------------------'---- '. OJ - --- - - --- ---- --- No. -e'z-o _ - -- - ____- I -_ -_ ---- --- --------- __ ---- _� -___ _- --_ ---- s4 - ---- --- ----- ---- -- ---- ---- -- --------------------- - - --- --- -------------------------- Owner ---- ----Owner �1lf a. � L�t� F_t_ + . ! I _ __ _ -------------- ----------- ---------- —_- - -- --- Cost --------/ 2� — --- - -- --- _ it CONDITIONS --- - -- - - ---- ------ { — ---- --- -- — --- ' 1 X L ---------------------------------------—- --- - -- --- ---- - --- -------------------- __ __ --'— - - --- ,1_t 4 � ----_ ---- --------------------- <� .i ------------------------- _____ ___-__ -_ --- -__ --_ ___ - ------------------- _ ----- - - -- ---- ---- :. --- - - ---- - ------- ----- - --- Permit Granted - ---------------------------------- ------------- -- v ----- -- - - - - -- ------- -- ---- --- --- - --- ---------------------------------------- --- - i - -- - -- -- Cftp of harem, ,lammcbmgettg +, n J)ubtic Propertp Department jguitbing Mepartment One *stem green 745-9595 Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 30, 1988 Ms. Lori Bertone 186 Lafayette St . , Apt . 112 Salem,MA 01970 RE: Response to questions requested in letter of Nov. 28, 1988 Dear Ms. Bertone, The following are in response to the questions asked in your letter dated November 28, 1988. 1 . Residential three (3) family. Reference, City of Salem Zoning Map. 2. There was no request , zoning was approved by Planning Board and City Council in 1965. 3. This department has no records of when the building was originally constructed nor number of units when built , nor is there any records to indicate that number of families were increased or decreased. 4. There are no records that indicate request for change to three (3) dwelling units. Property is zoned for three (3) units. 5. There are no records of occupancy permits being issued. Sincerely, ft William H. Munroe Inspector of Buildings WHM/eaf Citp of batem, Angacbm5ettg j3ubtic Prupertp Department Nuitbing Department One *alem green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 30, 1988 Ms. Lori Bertone 186 Lafayette St . , Apt . #2 Salem,MA 01970 RE: Response to questions requested in letter of Nov. 28, 1988 Dear Ms. Bertone, The following are in response to the questions asked in your letter dated November 28, 1988. 1 . Residential three (3) family. Reference, City of Salem Zoning Map. 2. There was no request , zoning was approved by Planning Board and City Council in 1965. 3. This department has no records of when the building was originally constructed nor number of units when built , nor is there any records to indicate that number of families were increased or decreased. 4. There are no records that indicate request for change to three (3) dwelling units. Property is zoned for three (3) units. 5. There are no records of occupancy permits being issued. Sincerely, William H. Munroe Inspector of Buildings WHM/eaf DATE OF PERMIT I PERMIT No. OWNER LOCATION 10/8/45 423 Arthur J. Livingston I 186 Lafayette Street R-3 STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIESWARD COST DWELLING WOOD 3 y , I 5 BUILDER " 12/ 1/87 COPIED ALL INFO FROM ORIGINAL CARD" 10/8/45 11423 Erect storage shed 5'X12' $ 150. 12/ 1/87 111271 construct a dormer on right side of house to add two windows est . cost $8,000. fee $53.00 (Owner - Vasile Steven) 3/ 16/88 11104-88 Install 13' Dormer ,est . cost $4 ,200. fee $30.00(Contractor -Anthony Ramse: RECEIVED LETTER ON NOV, 8, 1988 Stating this dwelling is a two family (See letter in file by former Building Inspector Richard McIntosh) Citp of batem, Alaggacbmatto jDublic Propertp Department 94on�Netl �3uilbing Mepartment One *alem Oreen 745-9595 (ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 16, 1988 Mr. Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: 186 Lafayette St . , Salem,MA. Dear Mr. Steven, In regards to my letter to you dated October 19, 1988, I would like to inform you that a letter from Mr. Richard McIntosh, the previous zoning enforcement officer, is on file at this office. The letter state that the above referenced property is a two family. We still cannot find a building permit for the exterior stairs which pre- sumably are used as a means of egress from the second unit . Sincerely, Maurice M. Martineau Assistant Building .Inspector of 6aiem, ATaoacb gettg Public Propertp Mcpartment �3uilbing Bepartment One *alem Breen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 19, 1988 Vasile Steven 415 Atlantic Avenue Marblehead,MA. 01945 RE: 186 Lafayette St . , Salem,MA. Dear Mr. Steven, This office is in receipt of a written complaint regarding the above referenced property. Our property card carries this property as a single family, although it appears to be more than a single family, as evidenced from a site visit by this department . It also appears that an exterior stair has beenconstructedwithout the benefit of a building permit . If there is more than a single family at this address it appears to be in violation of Zoning Ordinance of Salem. Please contact this office within seven days from receipt of this letter . �ySincerely, Maurice M. Martineau Assistant Building Inspector MMM/eaf C.C. Mayor Salvo City Solicitor Ward Councillor City Clerk a x,cONO,rl� ('fit Sl of UL,GAI1� ,.:J.�ilU 7J (4� .Ei7J.G.L a ' Public Property Department s T'�faMMcW>` ^ 1" UIl( ng 3epartment (ane *alem Green 745-0213 June 27, 1985 Mr. Vasil Steven 186 Lafayette St. Salem, MA 01970 RE: 186 Lafayette St. Dear Mr. Steven: Due to the fact that building, plumbing and electrical work have been done at your property, located at 186 Lafayette St. , without benefit of obtaining the necessary permits, this office cannot, and will not make a determination as to whether the property is presently a legal two family house and satisfies the Massachusetts State Building, Electrical and Plumbing Codes as they pertain to two family occupancy. Once the required permits are obtained and the proper inspections made I will again entertain your request for a decision in this matter. Sincerely, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms cc: City Clerk City Solicitor Electrical Dept. Plumbing Inspector Fire Prevention DEPT. FILE COPY E CITY OF SALEM BUILDING =° SALEM, MASSACHUSETTS 01970 PERMIT A _ VALIDATION 04COSTIVE - .. . DATE Dec. 1 1987 PERMIT NO, 1271 APPLICANT R.J. Doiron ADDRESS PPahndy MQ 054 _ IN0.1 IS iR EEiI (COI.'R'S JC(NSEI PERMIT TO Erect dormer .(_A) _STORYTIGTETTTN(7 - NUMBER OF DWELLING UNITS 3 I11PE 0• IMPROVEMENT) N0. IPROPOSEO 1l SEI AT ILOCATiONI 186 lafayette Strppr Ward 5 ZONING _ IAO.) ISiRCETI DISTRICT R-3- - BETWEEN AND ICROSa STPEETI (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS.TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNOAT ION IT+PEI REMARKS: Construct Dormer on right side of house to add two windows "CALL FOR PERMIT TO OCCUPY" 4 REA OR PER IOLUME ESTIMATED COST &,000.00 FEE MIT S 53.00 -C,61C SOUARE FEET) - S OWNER Vasile Steven �'AMW, iutM►�A ^D=Ess 415 Atlantic Ave. . MarbleheadmA Imo' •Ir inspector of Buildings J.S. DEPT. FILE COPY E" CITY OF SALEM BUILDING0. � SALEM, MASSACHUSETTS 01970 PERMIT a VALIDATION 4E� DATE March 16 19 88 PERMIT NO. 144-88 APPLICANT Anthony Ramsey ADDRESS 186 Lafayette st. 1055 _ INO.I ISTREETI I1011R'S ."INS,, PERMIT ,c. Erect dormer ( 31 TORY DWELLING DWELLLPING UNITS ONE I1rRE 0' IMPROVEMENT) N0. (PROPOSED USEI AT (LOCATION, 186 Lafayette STreet Ward 5 2ON1N' R-3 INC.) (STREET) DISTRICT BETWEEN AND ICROSa STREET) (CROSS STPEETI SUBDIVISION OT LOT BLOCK SIZE BUILDING IS.TO BE FT. WIDE B♦ FT, LONG BV FT. IN HEIGHT AND SHALL CONFORM. IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TIRE) REMARKS: Erect 13' wide Dormer ' "CALL FOR PERMIT TO OCCUPY 745-9595" o AREA OR PERMIT OLUMES ESTIMATED COST S 4 200.00 FEE30.00 V C':SICSOU<RE FEET) aWNER Vasile StevenId1r DP Ess 186 Lafayette St. , Salem,MA ��"'•°w ®P Inspector of Buildings S.S r, "'Plans must be filed and approved by the Inspector before a permit for erection will be granted, duplicates of which when approved by the Inspector shall be kept at the building, during the progress of th ork. Ne./a _ e City of Salem Ward f1 4 ra Vi n N Q .p '. `_,g APPLICATION r7 >w w� LICENS:: # of .. � FOR TEL.# - co 0 I URWT TO BUILD ADDITION OR MAKE ALTERATIONS . Salem, Mass., �✓���/� �(� �.9�¢ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address VAYIL6 Architect's name Mechanic's name and address � �' osglLA)) 3e-S Location of building, No. What is the purpose of building? A6/lJTiiO Material of building? Q ocz:) If a dwelling, for how many families? ! At FAM' Size of Addition: No. of feet front, ; No. of feet rear, ; No. of feet deep, No. of stories? h+ e No9, of feet from the level of the ground to the bighest part of the roof? 9r') How near line of the street? How near line of the adjoining lot? What will be the means of access to the roof? Size of floor tipbers, 1st 2nd_ca a»1 3rd ; 4tti ; 5th Span, / '/ Distance on centers? IC— Size. CSize of carrying timbers? Distance of supports on centers? What kind of support? Will the building be erected on solid or filled land? What is the material of foundation? s i Will the roof be flat, pitched, mansard or gambrel? &TC1,A�n CN1f Material of roof covering? MLqTl!S Will the building be heated by steam or hot water or hot air? No. of brick walls? Where located? Thickness? Will the building conform to the requirements of the law? y� Estimated cost V,2 on Signature of applicant___(�_� � s� REMARKS SD UNDER THE PENALTY OF PEPJURY Salem FZ Le Departmen-t F.Zte P Levention BuAea.0 48 La4ayette Street Salem, Ma 01970 (617 ) 745-7777 FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In accordance wdth the prov.i,a•ion,a o4 the Maaaachu,aetta State Bu,i.eding Code and -the Salem- F•_.vice Code, appt cation Z4 hereby made boa approvat o4 pto-" and -the i.4Wuanee o4 a ceatL4•ieate o4 approval 4or a bu4,edi.ng pe�un4t by the Salem F•iAe- Depg5tment. (Re4. Section 113. 3, Ma,6e. State BEd.g. Code) Job Location: C Owner/Occupant: U/947 1 Etect , cat Contcaetor: F.ivice Suppre"Zon Cont�La.ctor: Stgnatun.e o4 Appl(.ca.nt: JCP Phone #: Addn.eaa o4 C.lty or Applicant: 7S C�l)`7 UnJ Fj[J, Town: APprovae date: Centi4tcate o4 approvae .ia hereby granted, on approved pean,6 or 6ubm.tttat o4 project detaiR-6, by the Salem F•vice Depahtment. A t peanz aiLe approved aoCe.ey 4o4 .i,denti.4.i.catZon o4 type and .eocati.on o4 4•iAe protection devtce6 and equipment. Ale pean,6 are 6ubject to approvae o4 any other authon,ity having gu i- diction. Upon comp.eetion, the applicant or irutaeCer(al ahatt 4eque-6t an -Z"pection and/or teat o4 the 4,LAe protection dev ieea and equtpment. ( ** FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** 1 New conatructLon. Property toeati.on h" no compliance w.i�th the provt-6torv6 o4 Chapter 148 , Section 26 C/E, M. G. L. , n.eeati.ve to the L taeation o4 approved 4• e aXaw dev.icea. The owner o4 the property t.6 requ.vbed to obtain compliance a,6 a condition o4 obtatning a Buttd ing Permtit. Property tocation .i,6 .in compliance wi th the prow ii,i on 6 o4 Chapter 148 , Section 26 C/E, M. G. L. xp/n.aai.on date St_q r' 04 F ' e O4,6tcLat .Fee due: under 7 , 500 Sq. Ft. 10. O-- 7 , 500 Sq. Ft. or 8c-rLger�525 . 00 Form # 1 9/87 ) � i L U U L �- -Plans -must be filed and approved by the Inspector before a permit for erection will be granted, T duplicates of which when approved by the Inspector shall be kept at the building, during tthe progress of the work _ ' +• / City of Salem �'V No. Ward_-� LICENSE TEL.# - m31 44 APPLICATION.. -Z, a �V FOR PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Salem.Mass ` TO-.THE_ INSPECTOR OF BUILDINGS: °` ct.` 6F ' The undersigned hereby applies for a permit to build according to the following specifications: 0,00 Owner'e name and address Ar`chitect's name R ° Mechanu's name and address D0190A) COh Locatioqn.of building, No. VMVis the purpose of building? Material of building? IA16J { If�fCdwelling, for how many families? Sue of Addition: No. of feet front, / No. of feet rear,; No. of feet deep,/z No 's } of stories? �� � �" .• `•' yyNo of feet from the level of the Aground to the highest part of the roof? 3� How.near line of the street? Wow"-near line of the adjoining lot?_-��C What; will be the means of access.to the roof? 1N1 AIOOYI,�5- Sue•of floor timbers, IstpG^ c2L 24; 3rd 4th-; 5th Span,.�(.p. Distance on centers?' Size`of'carrying timbers? V Dutence of supports on center ? What kind of support? Will-the building be erected on solid or filled land? What is the material of foundation? e! WilF"tthe roof be flat pitched, ansard or gambrel? Material of roof covering? �g l Will.,the building be heated by steam or hot water or hot air? t, No 'of brick walls? Where located? �� Thickness? yWill building conform to the requirements of the law? � x 0*,r », Estimated cost —� V i=w .. Signature of applican / ell rr.. _ REMARKS PENALTDY OFOPERJURY l 100 92 Smee Five¢ Depa a-tmenX F4a P-Y.everi;ti om 8uvea•, 48 La4ayette St/Le -t Sa.Cem, Ma 01970 (617) 745-7777 FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In acconda.nee wi th the pnovt4-ion.6 04 the Ma,"achu,6et ,6 State Buttd ing Code and .the Satem Ft-te Code, appt-i.catl.on .L6 hereby made 4on appnovat o4 pcan,6 and the t."uance o4 a ce xt4tcate o4 appnova.e 4on a bu'Ltd .ng pe%mtt by .the Satem F.lvse Department. (Re4. Se -t-Lon 113. 3, Ma,6a. State B.Pdg. Code) � i Job Location: Ownea sem: E.Ceeth,ica.0 Conticacton: Fdne Suppne6.6ton COntnac o0 L: SZgnatwte o4 I APpPiearvt: � ^v Phone APPZica.rot: L1��I /`J�l ✓�7���i /V�' /i/%J/y3��� i/%�own: APpnovaC date: Ce tt,6-Lcate o4 app-covaC t-6 heteby gn,anted, on app coved pZann oz 6ubmttta2 04 project de-taZe-6, by the Satem Ft4e Department. AZe p.ean6 ane approved 4o.eety 4or .i.d.ent-i,4.i,cat.i.on o4 .type and Zocati.on o4 4ite pn.o.tect-i,on devtcea and equipment. AZe pear 6 ane 6ubject to appnvva,e o4 any other authori-ty hautng ju L. d i,cti.un. Upon compeet-Zon, the appZi,cant or Cn,6ta,Uen(4) 4haZe 4eque-6t an -,."pecti.on and/on te-6t o4 the ¢ice paotect.Lon devtce4 and equ,i.pment. ( ** FOR ADDITIONAL REQUIREMENTS , SEE REVERSE SIDE ** ) 0 New eom6tnuction. Pnopenty tocatton ha/., no comptLance w4.th the pnov.i'4ton4 o4 Chapters 148 , See,.on 26 C/E, M. G. L. , reZatt.ve to the tn,6tatati.on o4 approved ¢ice a.eovum device-6. The owners o4 th,i 6 property Z6 nequ,viced to obtain compliance a6 a coed irti,on o4 obta Ln(.ng a Bu.i.ed i.ng Penm.i t. u Pnopenty tocati.on Z-6 in comp.eiance with the pnov4-6io" o6 Chapter 148 , Section 26 C/E, M. G. L. C Exp,i, iZon date: C ' SZgnatwce o4 Fice 044tct.at Fee due: under 7 . 500 Sq. Ft. - $ 10. 00 7 , 500 Sq. Ft. or .eaicger - $25. 00 Foam #81 (Rev. 9/871 �nt�. l2 eJa� �e_� noloiow cons`r co TyAsi,CC S %�y2n/ Y95 aQQ-TNa(Aomevj sT 86 ,5�,�.�p1JP s7- �^ !3 o div rnASS 01960 Pc cglzWegZ 19ds7- t wiNDd w At cw a� �c6" c.C•��AdzO�S Sr,oiiv� iz ei o�P+v opent Akvoe goy" a,6310 L. wer Al 1 I Speed Lette D' r ¢4 To l� u 5 r `o � �`e U � From� r � � Subject 1-416 -N,0&10 FOLD MESSAGE 1,2 —V / -FSS -A S OYl s �L-0"se yYCz _ is r4 Date Signed REPLY -No scorn F. FOLD Date Signed WilsonJones GRAYLINE FORM 06902&PART b933•PR I NTEN INU.S A. SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES WITH CARBON INTACT. �1 CHRIS DRUCA5 ATTORNEY AT LAW ONE CHURCH STREET SALEM, MASSACHUSETTS 01970 IN AEEOCIATION WITH: TELEPHONE RICHARD E. DALY (617) 745-0500 GEORGE P. VALLIS DAVID J. HALLINAN July 16, 1979 Dan Mansur, Building Inspector Building Inspector ' s Office City of Salem One Salem Green Salem, MA 01970 RE: Permitted use for 186 Lafayette Street, Salem, MA Dear Mr. Mansur: Please be advised that on behalf of my client, Project COPE, inc. , I request that you review the enclosed material and seek the advice of the City Solicitor in order that my client could use the above described property as a group home for emotionally disturbed, mentally retarted persons who are presently institution- alized in the Danvers State Hospital. On behalf of Project COPE, Inc. , I, request, that after re- viewing Chapter 40 Section 3 of the Massachusetts General Laws and the enclosed materials, you will concur with me, that the proported use to which we will put the property is exempt from local zoning, and I quote from the statute, "the use of land or structures for the religious purposes or for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions, or bodies politic or by a religious sect or denomination, or by a non-profit educational corporation".' The intended use of the property which would be leased by Project COPE, Inc. is called for under a contract from the Department of Mental Health of the Commonwealth of Massachusetts which use is therefore educational in nature by a non-profit educational corporation. Under the terms of the contract no other use of the premises would be permitted and as total funding for Dan Mansur, Building Inspector July 16, 1979 Page 2 the operation of the premises would come to Project COPE only through this contract, Project COPE does not have the financial wherewithall without this contract to operate on this premises. Our lease arran- gement will run concurrently with the contract under any renewals thereof. I have enclosed for your information photocopies of the first 11 pages of the contract between Project COPE and the Depart- ment of Mental Health, an April 26 , 1979 letter sent to me which outlines the use of the group home, a photocopy of the original Articles of Organization of Project COPE and the Articles of Amend- ment filed with the Secretary of State Office showing the educational purpose of the corporation and a photocopy of the Judgment ordered in North Shore Association for Retarted Children, Inc. vs. Joseph F. Doyle, et als, Essex County Probate Court, Docket No. 990 . Very truly yours, Project COPE, Inc. By its attorney, Chris Drucas CD/lac Enclosures COPGIONWEALTH OF NUL SSACHUSETTS ESSEX, ss . SUPERIOR COURT No . 990 NORTH SHORE ASSOCIATION FOR RETARDED CHILDRN, INC . vs . JOSEPH F . DOYLE , et al . FINDINGS OF FACT, RULINGS OF LA14 AND ORDER FOR JUDGMENT On the basis of a statement of facts agreed upon by the parties in the above entitled action the court makes the follo�ain- findings of fact : 1. The plaintiff , North Shore Association for Retarded Children , Inc . is a non-profit, charitable Corporation, duly establis'_ed and su.bs:strng by virtue of the laws of the CommonTTaalt�i'1 of 1Classac-'i,,u eats , with its principle place of business at 252 Jefferson Avenue , in . the City of Salem, Massachusetts , having been incorporated under the provisions of General Laws , Chapter 180 , as amended . 2 . The defendants , Joseph F. Doyle, William F . Abbott , John _. Gray , Sr. . , Arthur Labrecque , Emery P . Tanche , Jr . , and Donald Koleman , are the duly appointed members oy° the Board of Appeals �l for the City of Salem, Massachusetts , and the defendant , John B . Powers , is the duly appointed Building Inspector for the City of Salem, Massachusetts . 3 . The defendants , Lorraine 14. Gorski , Donald J . Martin , Marguerite Martin, Normand 0. Morneau, Rita Morneau, George H. 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 . iviansur, of Wenham, Massachusetts . 5 . The plaintiff, on August 28 , 1974 , purchased a single family dwelling house , located at 28 Linden Street , Salem, iiassachusetts , and a copy of the Deed of purchase , setting forth.. a description of the real estate by metes and bounds , is recorded wi�1: the Essex South District Registry of Deeds at Book 6091E , Page 383 , shoci�. the ownership in the plaintiff . 6 . The plaintiff acquired the subject real estate at 28 Linden Street for the purpose of establishing a "Group Rasida-ce" to accomodate and provide living facilities for no --]ore than eight (8) mentally retarded persons and at least three (3) resident mana`;ers and supervisors , the said real estate to be hereafter referi.ed to as the "Group Residence . " -2- 7 , The funding for the operation and maintenance of the Group Residence in question shall be obtained from the Commonwealth of Massachusetts , through its Department of :dental Health, by way of a contractual grant . 8 . The real estate, and the buildings thereon intended for use as a Group Residence , located at 28 Linden Street , Salem, Massachusetts , are , according to the Zoning Map of the City o Salem, Massachusetts , located in •a R-2 (Residence 2) , Zone on said zoning Map . 9 . The Zoning By-Law of the City of Salem, Massachusetts , which is in question in this complaint , became effective August 27 , 1405 , as amended. 10 . The plaintiff , through its Executive Director , Mr . Paul q. Mansur , applied to the Salem Inspector of Buildings , Mr . John B . Powers , ;or a permit to use the single family residence , located at 2.8 Linden Street , Salem, Massachusetts , to house no more than eight (8) retarded children and at least three (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 due notice and publication having been made , a hearing was had before the Board of Appeals of the City of Salem and, on October 24, 1974, the decision of the Board -3- of Appeals was filed with Augustine J. Toomey, Clerk of the City of Salem, the copy of the full decision of this Board being attached to the Complaint. 13. The said Board of Appeals, in deriving the Special Permit requested by the plaintiff, set forth as its reason that it was without authority to grant the Special PeLmLit requested by the plaintff. 14. Thereafter, plaintiff b_-ou 'it this action iri Superior Court to challenge the decision of the Board of Appeals under G.L. c. 40A, §21. Plaintiff's complaint was subsequently amended to include a prayer for a declaratory judy=ent Leder G.L. c. 231A,§i, that Salem's zoning ordinance was inapplicable to the Group Residence. 15 . The children 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 that would have been admitted at trial of the instant action , the court makes the following additional findings of fact : 16 . The Massachusetts Department of iental 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 program of establishing many small Community Residences , and tl.e Group }residence in question is such a Community Residence . 17 . The concept of Normalization 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 determined that such Conmunity Residence Programs would provide a better quality and improved life style for such persons . -4- The Format Of the delivery of services thrnu h Community Residence Programs is accomplished by a Contract , n ^,e pro - ql Health and t: beti':ee_. t�12 1° aSSaC�7USGttS D.,parti:._:�t G_ . ..... _. HC ,... c_... ..c approved sponsoring entities of such programs . Supervision and control of such programs is retained by the Vassachusetts Department of Mental health, in accordance with i _ regulations and standards of care . The Department also establishes special formal requirements for each resident Of a Community Residence _ r.'ogra . 19 . The established official policy of the Massachusetts Department of Mental Health prescribes establishment of c'n - Community Residence Program in general , and requires the res .._ .. t0 the community Of all those mentally 'eta. Qed persons Osis ?pnble of u&-, an undertaking. Further, established policy requires such .. Com- munity Residence Program to provide continued eOuc E. ._C:: of retarded ;persons who reside in such a Community Pesicence in the every duy self-help skills of dressing, personal hygiene , cooking, house alea"ni"_g duties and all aspects of living in a Iamily grouping. Said policy further requires that residents of such a Community Residence be educated in living in society with each other , as mortars of a fa'.'..__„ in a home type environment , and requires the educa`_._Cn of residents in such a Community Residence Program to _. ..a_•n gennra7ly to En to and from and attend local schools , to learn to make ourchaven from Stores , to learn to travel in the coE;i: unity from claws to place , to learn to play among themselves and other q'.n ._l community , to learn to seekand obtain�. gainful employment and learn to travel from their residence to their pl_ as of study or employ,aent . 20 It is the established official policy of the Massachusetts Department of Mental Health, as part of the Community Residence Program, to make available education for retarded persons , in every aspect of community living in a residential family setting, as part of the process of individual development 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 Mental Health, encompasses a complete educational process , rather than a custodial residential 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 roster-Care Placement Grants from the State School Community Placement Program. 23. The in-residence program for children in any particular Community Residence includes general training and development for each resident , according to his particular need and according to -6- his particular Service Plan , special training by professionals for each resident , in speech therapy, occupational therapy, audiovisual therapy, psychological counseling and psychiatric counseling , recreation programs and work assignments in the home . 24. The State Schools for the Retarded determine the eligibility standards for placement in Community Residences and screen candidates for placement through their professional staff . 25 . A resident eligible for placement in a Community Residence Program does not require any special medical care or treatment more than would be normal and usual for any child residing in an ordinary family and the children selected for placement are generally physically sound, ambulatory and without any special physical handicap . -7- RULINGS OF LAW On the basis of the foregoing facts , the court makes the following rulings of law: 1 . G. L. c . 40A, §2 , provides that "no ordinance or by-law which prohibits or limits the use of land for any . . . educational purpose which is . . . public shall be valid. " Thus , a zoning ordinance which totally prohibits use of land for sectarian educational purposes is invalid. Attorney General v. 'Po :n of Dover , 327 Mass . 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, §2 . Sisters of the Holy Cross of Massachusetts v. 'town of Brookline, 347 Mass . 486 (1964) . 2 . The case of Radcliffe College v. Cambridge , 350 Plass . 613 (1966) , 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 Mass . at 618 The ordinance in Radcliffe College reasonably regulated a secondary function of the educational institution without unduly inhibiting use of the land for its intended educational purpose . Here , denial of the requested special permit , or grant of a special permit within the limitations of Salem' s zoning -8- ordinance ,\1 would effectively eliminate plaint:Lff ' s iiiteaded use of the ] and by making it econ tinically unfeasible . 3 . The term "educational purpose" should be interpreted according to the common and approved usages of the language without enlargement or restriction and without regard to the court ' s own conceptions of expediency. Cf. Kurz. v. Board of Appeals of North Reading, 341 Mass . 110 , 112 (1966) . " [I]n a broad sense, anything taught 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 o,2 Worcester v. New England Institute , 335 Mass . 486 , 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. Jakubowski, 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 , " was not: an "educational use" within the meaning of local by-laws . Kurz v. Board of Appeals of North Reading, 341 Mass . 110, 113 (1966) . 4. Mount Herman Boys ` School v. Town of Gill , 145 Mass . 139 , 146 (1887) defines "education" as follows : V Salem Zoning Ordinance, Section V, Par . B-3 , relating to special permit uses for R-2 Districts , allows special permits for "rooming and boarding of three (3) or more persons , not to exceed a total of six (6) persons . " The permit requested by plaintiff would grant permission to have eleven or irore unrelated residents in the dwelling. -9- Education is a broad and comprehensive term. It has been defined as "the process of developing and training the powers and capabilities of human beings . " To educate , according to one of Webster ' s definitions , is "to prepare and fit for any calling or business , or for activity and usefulness in life. " Education may be particularly directed to either the mental , moral , or physical powers and facilities , but in its broadest and best sense it relates to them all . See also, Black' s Law Dictionary (rev. 4th ed. , 1968) . More recent definitions might describe education as the act or process of imparting knowledge or skill through systematic instruction. The American Heritage Dictionary of the English Language (1973) . 5 . The selection process for the Group Residence , the avowed purposes of the Community Residence Program of which the Group Residence is a part , and the nature of instruction conducted in the Group Residence coalesce, to make irresis.table the conclusion that the Group Residence serves a dominantly "educational purpose" within the meaning of G. L. c . 40A, §2 . The fact that members of the Group Residence may receive supplemental training in local public schools pursuant to St . 1972 , c. 766 , does not detract from this conclusion. 6 . Plaintiff is a non-profit charitable corporation seeking to fulfill a contract with the Massachusetts Department of Mental Health which calls for the "normalization" of certain retarded persons . Since , in addition, the principal funding of the Community Residence Project is from public sources and the selection of persons for admission to the program is done by a public authority, -10- the educational purpose which the proposed Group Residence will serve is undoubtedly "public" within the meaning of G. L. c . 40A, §2 . Compare City of Worcester v. New England Institute , 335 Mass . 486 (1957) (promotion of vocational education by a private non-profit institution a "public" purpose) with City of Chicopee v. Jakubowski, 348 Mass . 230 (1964) (ceramic classes given by private profit-making enterprise not a "public" 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-laws 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 Mass . 486 , 499 (1964) . 8 . However , this court has authority to grant declaratory relief pursuant to G. L . c . 23LA,, §1 , because an actual controversy exists concerning the use to which plaintiff ' s property may be put . Wood v. City of Newton, 349 Mass . 373 , 208 N .E . 2d 511 (1965) ; De Matteo Const . Co . v. Board of Appeal of. Hingham, 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 Salem Zoning Ordinance is inapplicable to the propo:seci Group Residence insofar as it prohibits occupancy by more than two persons who are not within some degree of kinship . because the proposed use of the Group Residence is for an "educ<7tional purpose ;which is. . .public'' within the meaning of G.L. c. 40A, §2. arch 24, 19%6. John Paul Sullivan -- -- : O`ha PPaul. Sullivan Justice of the Superior Court -11 - Troject GONE GRCAII.R IYNN DRUG WHABRITATION PROGRAM B. U. Box 29 -- 1'ynn. �_Xm. 01903 599-8020 == — a _ 1 a7ue =d. 1e _011o}ate. .,_Sc J . cat o.2'.' ,ro Erai-:S `:JCC:C'" w e C0-,-, u.0 1?1C IuC Ou ., 50=.c . �_i,_+ '� _eCl 1_., "'r0�.?'"'.. ;il. . F'711-1 _ C;C:S-„""a vlQual C141 en's ca F Executive Director JC: ^1 the daill l_,; r o .„inn will he !' o .__] down into seven areas. Six of which will A_ =ale _. _s of instruction 'V' all clients with c. _ :e specific is to e individualclient necds as determined sj the residential treatment teawits, input I= both the vocational y_ a and til client i. , . ,_sal . The six Z _eral areas include he following: This area focuses on the normal dailyrollt_'n, .___ -allows upon r 2bW L:hl n1 CE and 1S essential not only _for ?OCQ health but also in order t0 ..•Gi:e an appropriate Tresentation of oneself. instruction will include: a) toot'' brushing: How to properly an& completely brush one's teeth; __ow to care for dental needs items; the need for good dental hygiene. Education will he sly l..n2ned by periodic visits to a dentist and will >a amended for clients wearing dentures. _) combing hair: clients will be taught how to properly comb brush and style their hair according to their individual- preferences. Clients will also be taught when and how to appropriately make appointments and interact with barbers and hair stylists. c) deodorant usage: clients will be taught how to choose deodorants specific to their needs and how to appropriately use them... W/ wearing clean clothes: clients will be encouraged to wear clean clothes each day. The main focus of this item will be a weekly clothing care program teaching clients the proper use of a washer, dryer, iron etc. it will also address minor mending procedures and -replacement of worn or ill fitting clothing. Zedroom..: This area focuses on the responsibilities of having personal possessions and on maintaining Ones own living area. its each client will have one roommate there will also be practical experience in the development of peer relationships. Clients will be enco'urag'ed to and assisted in decorating their roo n acc OrdlnC to their preferences. There will be occasional arts and crafts sessions to teach clients how to ::sake va-rio"s decorative items for this purpose. Clients will be taught how to properly make their beds, fold and put away clew? clothes _._31 store soiled items. There will be o. seperate vocational component working in conjunction with the residentialc-rogra7. work: This area pertains to the routine one follows in preparing for work. it will instruct clients on the usage of bids and train schedules :and teach then how to develop a personal Schedule allowing for sufficient time to toilet, dress, breakfast and leave for work an time. Clients will also be taught how to choose appropriate clothing for the day. it will address computable pattern and style of clothing as well as wort: and weather appropriate clothing. Clients will he encouraged to check local weather reports to assist in their selection. ..,w 7 __ CL:;._ .__. cu_:C SCCA' fB`.a"...1 -. 3.:. C.JC'.. L, l t� a, , s1C :;lCA::O,.O?:._ O utu 'C 'ilC'-'l`, __a -. lac __. =:1t0s---er ste -rea- wi c_ ent ^o. _ _ -oo-=-_ 11._- - `'CI` Ori .,:,. <:C-J a- 1-c-' will oc i 1 - c1i �., r0 t'- iF-b ✓ ^ s areas are: a) ;C.- ;<L. ,. Cl.Ea-1 U^_ ..l_iC_: _.CW to -_i:'O-, r.ly ✓r=^_ am s c t E, t- le I^C-- -.iLa!3 --nd how to clean _ nd ._:= ie—rove— COG C" =al .i'�c_" ..._ _. '-j. C o 0'-;, Clients will. ..> ilstri7.cted in how to co 'food ^r.e-.,7arat'_o-- COOr_711 ; and' sGrV]S'- peal t0 t:7 C --iC'up. Particular at}e'1tiDL'_ :4i.11 JI- � V T. to 3 ...f Cty � 11..u- " Cl n,.L s 14111 also ..1V^ e ^^esus^v to -,cal nlan2in�, an_cQ rOC E_ sll0" 1 c) Dis _s: Clients will :e tau ' t now to was-- and store dishes ... th r_n all-E,--, with a dishwasher. r..) _ - _oc,_S Jill _ =_v:.__ ---st_ c _. _ :'__ aintZ a cl .a_ 'a'h--oo. -ro, , on ., e) :as- a:'.a Jacu'un: Cllerts will Oe c4,1Ven ;--e-eral instruction. in row tc do vacu ni_ng, and dustinl-. f) 7itchen: Clients will -e instructed in rlalntenailce of he kitchen area. Again the c-phasis will Ce on cleanliness and order. `•ieals: T:e evenin> Teal will ce a ti-nc- w'-:en all clients a.nd on duty star' will eat together and will be an ideal setting to heir, develon peer relatic:_--:z_ps. Discussions will be stror:oly encouraged wit', c!r_ahasis on daily ave-<ts, y nutrition and the meal itsal_`. Clients will ue given ^ersona'_i--e= _S _ .,, ,.`a in rood ta'ole ears:e_ s�eci'ic to thei_ _':ea.._. skills are ace-: aha se,.tin , will ;e swl tcl- ,3, oCCasv t puClic _. 2•�'-au.a--mss c;,'_'_ow--'_ cl'_:._ . _ lo acp - ..'alis o- u3ing a ie.u, re_ :,11 c ,e,,.= an C. arproprlatey L_teracticil wits. Ida-�_rS,'WSltras"- and cash.,CS d Cao:.__C-rs. enc- 1' • This area w=11 rovide clients with instructiola -__ shol4Eri'� ..citnlll Et -'d•shavin shills. _ 8?f�:1B client£ will tie ins Tucted - t"i= :e,'sonalµi:vgiene s'_cills eci 5-c to their menstrual cycles. Clie;;ts will be tau ._t how to use alar:;i clocks and again the_^e will be ins t_'uc"on clothes selection for the -a--::t day. LRMW Se _..ice Ilene 37cy a Teriod of c.verAl t-:_ -:f intlylaual Mints will le ='uat , tnol - S-Ccific WIT .1 �jdvcss& nrs vroaya= will �I AIVOIC-V Q hzl-- �V:t thcao noolL, A-3�- 1 9 ay= to La evaluato! a7� 02 folloiang: 11 ALT : (i, :, Ta- tion7ap 7rollo7z fn an; o - the sin Orocn:Mnn v7sae Acavenics: (j,n, y;L2jn 2i7ht moNz, CO. ' Loynnnitization-, V.S. in? safety OHIO, Ornhin.: �nijet, money rccognitio-- a.�d etc." i. SociaMsatwn: Q,z, licsurn skills, unc of un3tructn7ec tl-n, 77v- rePtionihile, MCA 71 (i,e, sell stimulation, beluchle Citing, vacin7 et W Anneris-ni Emotional Develo77cnt: (i.e. veal"..' wAV angc7 aid dc7rsssicy M747_- issues etc.', Self Ahnsive.actin, Cut Wavior: (I .e. "ittin , vteW 'I, , STVal dia-uptivensss 00. ) :Idical: [i.e. medical , dental, opthavalo,,ical, cclog-'eal 2TWcation assessments, speech therapy, PT, n W, etc.) Me in house ' arca tment and education team will be yrimarily rczyonsille for the evaluation, McUpwant anE of these rrog=3 wit . input coming from the client, hiis,�ccr family members, the v-ocational comnonent, nursinz staff, ineividual or group the7apist, D.Z.H. area office, reprewntativcs from former placements and recomnendations from generic -edica? anc, rehabilitation agencies. nonitorinS of the =SP's will to done ly the Torso Director and Tro:=ram Director. Travel & Safety Program - Baseline information 1 . Uses crosswalk to cross street . 2 . Responds appropriately to "walk , doA walk" signs . 3. Identifies red , yellow and green lights and their meaning . 4. Looks both ways before stepping off curb. 5. . Walks on sidewalk. 6 . Walks facing traffic on side of road if no sidewalk. 7 . Walks independently to a specified location within 2 blocks of home . 8. Walks independently to a specified location within k mile of home . 9. Identifies bus stop . 10. Identifies bus by number or destination sign . 11 . Waits turn when boarding bus . 12 . Pays proper fare or shows bus pass . ' 13. Remains in seat while bus is moving . 14 . Obeys posted notices , i . e . no smoking , stand behind line. 15. Interacts appropriately with other passengers . 16. Uses cues (landmarks , street signs) to identify location for disembarking . 17 . Signals driver when destination is reached. 18. Checks traffic when disembarking . 19. Steps onto curb to wait for proper signals if crossing the street after disembarking . 20 . Travels independently to specified location by bus - Nb transfe 21 . Travels independently to specified location by bus using transf from one bus to another. 22 . Asks for assitance when necessary . 23 . Can state name , address and home phone number if lost. v CitJ]i�'I7I F,. �� /`, � ^I T rr=T�7_C T ^ ^?. T` C:'LY - C. I . .C'? F ;;. II,.. F^CC>1.- The following will be done independently with 100"_' accuracy 10 consecutive times in a controlled house setting. d 1. ) counts from 0 to 100 by Is 2. ) counts from C to 100 by 5s 3. ) counts from 0 to 100 by 10s 4. ) counts from 0 to 100 by 25s 5. ) identifies coins (i.e. penny, nickel, dime, quarter, half dollar, .hard dollar. ) 6. ) states coin value equivalence in cents (i.e. nickel = 50, dime = 10x) 7. ) states larger coin value equivalence in 2 ways or more (i.e. dime = 1 nickel, 5 pennies or 2 nickels; quarter = 3 nickels, 1 dime or 2 dimes, 1 nickel . ) 8. ) identifies bills ( one, two, five, ten, twenty. ) 9. ) states �l bill value equivalence in terms of coins 10. ) states bill ( 2, 5, 109 20) value equivalence 2 ways or more (i.e. 35 (5) 31 bills or (4) 51 bills and 4 quarters. ) 11. ) makes change for 31 or less 12. ) makes change for S2 or less 13. ) hakes change for 35 or less 14. ) makes change for 8110 or less 15. ) makes change for 320 or less The following will be done independently with 100 �-, accuracy 10 consecutive times in a controlled J E setting (i.e. with a staff person present. ) 16. ) reads price tags for 51 or less (both 65o and S.65) 17. ) reads price tags for 55 or less 18. ) reads price tags for 5 10, or less 19. ) reads price tags for $20 or less 20. ) locateslcash register / sales person 21. ) makes purchase for $1 or less 22. ) waits for change 23. ) counts change 24. ) obtains receipt 25. ) makes purchase for 35 or less ( repeat 22 — 23 — 24) 26. ) makes purchase for 810 or less ( repeat 22 — 23 —24) 27. ) makes purchase for 820 or less ( repeat 22 — 23 - 24) 1 . ) States at least 3 reasons for having a bank account (i.e. to save for a purchase; allow money to earn interest, credit reference, danger of too much money on he.nd, etc. ) 5 consecutive times. 2. ) States at least 2 differences between checking and savings accounts (i.e. purchases can be made with checks, savings account money must be withdrawn at the bane, savings account earns interest ) 5 consecutive times. The following will be done independently with lOC} accuracy 10 consecutive times in a controlled house setting. 3, lldentifie� deposit slip (by reading or color) 4. ) Identifies with?ra..al slips ( by reading or color) 5. ) States or reads account number from passbook. 6. ) ',bites account number in appropriate space on deposit slip. 7. ) Checks appropriate transaction box on deposit slip. c3. ) ';rites correct date in appropriate space on deposit slip. rites name it anpronriate space on deposit slip. 10. 1 !,rites amount in appropriate srace on deposit slip. 11. ) Step 6 on withrrawal slip. 12. ) Step 7 on withdrawal slip. 13. ) Step B on withdraw�.I slip. 1.4. ) Signs name in appropriate space on withdrawal slip. : 1 . ) Otep 10 on deposit slip. 16. ) States at least 3 functions of a bank teller (i.e. accepts money for deposit, cashes checks, writes money orders. ) the .following will be done independently with 100' accuracy 10 consecutive times in a bank. 17. ) Locates teller ( as opposed to other bank personnel. ) . 18. ) baits turn in line. 19. ) Gives slip ( with money if appropriate) to teller. 20. ) Counts money from teller and/or waits for receipt. 21. ) 1?rites amount in a==opriate space in passbook. The following will be done with staff assistance at the time of the quarterly bark statements. 22. ) Checks savings balance with bank statement. 23. ) Can give basic explanation of interest (i.e. money earned for money saved. ) 24. ) adds interest to passbook. The following :.rill be done 5 consecutive times without asking for additional mol:tey until the end of each period. =5. ) 3d, uet spending :Toney for 2 — 3 day period ( (2) 2 day (1 ) 3 day eeriiiod per week. ) 26. ) Budget spending money for a 3-4 day period ( (1 ) 3 flay (1 ) 4 day Merica ^er waek. ) 27. ) Budgct spending :;.cney for a one week period. .T Yrs R DAIH X; s:. RLGICid III WIVE ID1# FISCAL YEAR 79 r MhiB Agreement made and entered into by and between the C0I :0PIWEALTH OF MASSACHUSETTS DEPARTMENT OF MENTAL HEALTH (DFIAT'.TFIENT) and (COIJTRAC50R) , with tlfE,ceTo business at ommonree , ynn, Nass. 01903 WHEMAS, the DEPARTNEI71 requires services to assist in providing mental health, mental retardation or drug rehabilitation programs to citizens of the Commonwealth; and WHEREAS, the CONTRACTOR is .:n organization qualified to provide such services; The parties, in consideration of the mutual promises made hereunder, hereby agree as follm;s: I. The CONTRACSOR shall provide those services set forth in SCIIEDGLE A as attached and incorporated herein. II.. The DEPAWMENT shall, subject to appropriation of funds, provide funds not to exceed, XinAty qix thousand, six hundred and sixty - 096,660 ) . The source of these funds shall be appropriation account number 5022 . Reimbursement for services rendered and costs incurred shall be In accordance with SCI(F.DULE B as attached and incorporated herein. (FATES FOR SERVICES MAY BE SUBJECT TO THL APFROVAL OF THE FATE SETTING COMMISSION) IIIc The parties shall be subject to the terms and conditions set forth in SCHEDULES B, C and D as attached and incorporated herein. IV., This Agreement and any subsequent amendments hereto may he subject to the approval of the Rate Setting Commission and the Comptroller's Bureau. - V. This. Agreement shall become effectiveupon (a) the 1s£ day ofMat•ch- 197 , (b), the filing of this Agreement with the Comptroller's Bureau with prior approval df :the Executive office of human Services, and shall remain, in effect until the 30th day of July 197 . Rk iz:orp ?r 10H III Ca\7fRACf Or, fI(NAL S MIMS AU.11NIS1RA OP / \ VArM LAI APPW14D: �lfZ �j. ''��. T11v - [Zn11: APPWVAL: 1. 14LHSli CHAPTER VZ PART,, GG1 AREA-DIH=R _ SECTIOI: 601.11. RATE FILING Lai'!; NON-UN.1T SChEDULE A N(.iN- :'N I '1 ( 1 ) Type of Client to be. serve t : rmotionallyl)isturI)ed;`:`,ental y Retarded _ ( 2 ) Number of clients to be served : 12_ — : 117 North Common Streetq Lynn, Mass. ( 3 ) Program address (4) Service to be provided : -Residential services -For 12 Emotionally Disturbed/Mentally Retarded clients. -This CoTiuunity Residential Service will provide room and board, care, and supervision for a maximum of '12 clients. -To provide a therapeutic milieu that offers comprehensive individual treatment plans within a structured residential settin . -To integrate a variety of co-mcunity experiences for individual. c ients and Croups of clients that will allow for the development o;' skills and °normalized" social behaviors on a progressive level basis. -To develop a comprehensive systela of teaching survival skills, to clients that will enable thein to stabilize within existing co;.izamity structures in a fulfilling, independent and productive manner. -To deliver a comprehensive consistant system of adjunct services includin-: (a) pre- and post-individual client evaluation; (b) continuous t-eatmen'.. plamling based on group dynamic social and emotional needs of the. client group; (c) professional medioal and psychiatric services; (dg) on Coin.- staff training and clinical supervision; (e) a client information system which meets all state and federal rebulations and is desi sed as a management tool with a client entered basis. NA-UNIT SCHFDUL.E A NON--UNI'1 ( 1) Type of Client to be :+ervo-d : Lr otyonally�istur�ed[t'er._tally Retarded ( 2) Number of clients to be served : 1P _— -- ( 3) Program address : 11? Forth Common Street, Lynn, Mass. -- (4) Service to be provided : -Residential services -For 12 Emotionally Di.sturoed/Mentally Retarded clients. PAGE '1. SCNEDULE B-1 NCN-UNIT AGR F•.Et1ENT (a) (b) (c) (d) (e) ANNUAL COST PAID FROM SOURCE DMH ANNUAL DMH MONTHLY DMH PROGRAM BUDGET CATEGORY ** COST ( 4 MONTHS) '** THIS PROGRAM OTHER SOURCE CODE * PROGRAM COST COST ALL SOURCES A. DIRECT SERVICE COSTS - 1. PERSONNEL (list by title) HRS PER WEEK ' TOTAL SALARIES $ 134,0 $ $ 134,o0o_ S 11,167 $ 38142 2. FRI14GE BE14EFITS .(158 MAXIMUM OF ABOVE COSTS) FICA $ $ FUTA S $ $ STATE UNEMPLOYMENT $ 4 3—* 3- $ S 4,-330 $ 365 $ �110 WORKMEWS COMPENSATION $ 1,0� $ _ S 1 ,01 _ $ �5 S 360 GROUP HEALTH INS $ 49200 $ — $4rPOO $ 350 $ 1050_ GRee� rrre-atas s $ $—ems— 3320 — TOTAL FRINGE BEN99,5 $ EFITS $ 9,G98 $ S $ TOTAL PERSONNEL COSTS967 41 ,938 143,598 (Al PLUS A2) s 143,598 $ $ $ 11, $ 3. CONSULT AT IOf] $ 42700 $ $ HOURLY/DAILY $ ---' (SPECIFY BELOW BY TYPE: AND RATE) RATE 25 Der hour ttP5 per hour i. TRAVEL $ 1,1� $ $ 1 , 00 5 —_ $�? . TRANSPORTA'I69"-X00 $ION $ _ —. 000, 6. TELEPHONE (PROGRAM) $ 3+000 $ 9 -- 7. INSURANCF;-LIABTLITY $ ?,000 $,-- -- $_±000 :'.t 1 of San (a) (b` (c) (d) (e) (f) BUDGET CATEGORY ANNUAL COST PAID FROM SOURCE DMH ANNUAL DIM M0.ITHLY DMH PROGRA11 THIS PROGW.M OTHER SOURCE CODE • PROGRAM COST COST •• COST ( 4 MONTHS'"* ALL SOURCES A. DIRECT SERVICE COSTS 1. PERSONNEL (list by title) HRS PER WEEK Psychologist 18,000 6,000 Developmental Disability Specialist 169500 5,500 House Director 15,000 4,375' G House Director 159000 - ,37.• Live-in Counselor "1 10,000 29500E ,2 10,000 2,500• 3 10,000 2,500• r"4 10,000 2,50C)* Live-out Couns. W1 10,000 2,500• #2 10,000 2,500• Respite 5,000 Data 'an. L 500 1 500 QTAL SAL;.RIES 13-4000 v' 137;(TOO - 11,16 7 3 , * ba-ed on 3.5 months to allow for start- up lag. Will not b directly proportion to annual cost. Si:1:I!WLL b-1 Ci,;.;C =7 CATEGORY (Z) (h) (c) (d) AWZUAL COST PAID FROr; SOURCE DI-VT ANNUAL DM.H PROGRAM THIS PROGRAI,I OTHER SOURCE CODE* PROGPAM COST COST ( hll�i J'1'Ii5) ALL SOURCES d. STIPENDS (SPECIFY SCHEDULE PAYMLNT SCHEDULE) $ $ $ 9. EQUIPMENT (SPECIFY ON ATTACHED SHEET) $ 2q,200 $ — $ 0. COPIPU'iER TIME (SC'ECIFY USE USE) $ _ $_ $ 1. DUPLICATIC;N. $ $ S S 2. SUPPLIES 3. MEDICAL SUPPLIES $ .4. OTHER DIRI:C': SERVICE COSTS (SPECIFY B%I,C?G 6Y TYPE TYPE & COST) TO'I.I1Lh CST %)rl_i..; J_ $�_.__. t- TAL DiELL'i S1.! '.IC.L C:US'T GENERAL AND 7 J"I"TSTFATIVE COSTS (NOT TO EXCEED 10% OF ITEMS Ai plus A2) - SPECIFY TYPE tudi.t/bookkr:epin,'/Ia,i roll$ 14,3ro $ $ 14,360 $ 4194 VrAINTENANCE COSTS 1. RENT - OCCUPANCY $ 14,000 $ 6,000 C $ 2,000 $ 2000 NON-UNIT AGJ2LEMLHT SCHEDULE U-1 PAGE 3 BUDGET CATEGORY (a)': - (b) (c) (d) (e) (f) ANNUAL COST PAID FROM SOURCE. DMII. ANNUAL DRH PROGRAM COST THIS PROGRAM OTHER SOURCE CODE * PROGRAM COST ( 4 MONTHS) " ' • ALL SOURCES 2. rtENT - EQUIPMENT $_ 480 $ $ 48o $ 160 3. UTILITIES $_ 9000 $ _2205 —c $ 6795 . PURPOSE $ 667 a . FOOD $_ 15330 $ 11663 C $ 3C-67 Residential_ $ Food 5. OTHER MAINTENANCE (SPECIFY BELOW) ( $ S $ $ $ $ $ $ TOTI,L OTHER MAIHT. S $ $ $ TOTAI. RAIIITENT:NCE COSTS $ 38,810 $ $ 18942 $ 3,15g TCTAL LL:. CikTEGO RIES (A + B + C) $ 252,868 $ 19,868 $ 190,000 $ 96,660 * OTHER SOURCE CODES: C = CLIENT CONTRIBUTION S = STAFF PAYMEITI'S/CONTRIBUI B = DONATIONS FROM LION-GOVER[IMENTAL AGENCIES OR INDIVIDUALS DD = DEVELOPMENTAL UISABILITI D = DEPARTMENT OF COMMUNITY AFFAIRS O = OTHER: THIS CATEGORY (DM11 MONTHLY COSTS) IS TO BE USED FOR PERSONNEL 6 FRINGE BENEFITS CATEGORIES ONLY!) FILL I14 THE ( ) WITH THE NUMBER OF MONTHS THE PROGRAM IS TO RUN. USE ONLY ON PROGRAMS NOT RUNNING FULL FISCAL YEAR! THESE COSTS SHOULD BE IN DIRECT PROPORTION WITH A14NUAL COSTS. Attachment KOUIPME71T 2 Full Loo :Fire Alarm ''y.,;tcs: r.;r,ror.ir..atel 5'-00.00 each = $111200 '.3ecause the ?-acilitiee Lave not yet lq, n found, no estimates could be secured Pres: retailarn. The ecti m< to w,:.:; based on bids received by Project Cope for thr Wommur St. iynn residence. Attachment A. 14 Other Direct Service Costs Planning 1: Training 1 . Staff Retreat j000.00 2. Speakers - 10 @ 8100.00 1000.00 3. Orientation 1000.00 4. Thresholds weekend 1200.00 5. Community Residence Pv Police including CPR and First Aid 1500.00 TOTAL--------------------------------------- 9700.00 Thresholds Weekend 3 day training package purchased fro; Correctional Sol. r_,ios- :nr: instruction and trainin;; :rat-rials r.t, :9100 per pn-non. Yhen providing co,on disturbed. rctaKed I:'r;-vidu , _ d _ i, rriorit ' it ;:unt natuIc. This yorulation Presents difficult , that has net, as o t,^}:, c r c^. to work with these -rr.av: Staff se ectea so nictic;a d Or o trained in 7, staff as well .33 OWN MUD be ce" i„_: • ._,.ti ,r , .sari, , the 7roject will fail if this i.,itia ': ;n. This particular ,ro in 3 pTiorit7 !n "QJon TTI ri t _e residential component is expected to have a otart-n- jqiq w0hN 1 700h nF i'H contract being approved. rior t0 start-up mrnp task: _t ':.-, t,d, Those KOF can not ever Wain to be addressed un t 1 . ilnf .: . .. .. .:,. .. C .:_�. :_.... Must " ..-^(tial^l-.r burin to function Considering these _`v:tcr_ it V colt tint i :or _sn ;?c ani efficient reens of providing comprehansiva 1ridninr wonij 0 to "C vo 'cin- retreat. The trainwnulf ,::i or. to bc trained tutored by individunlu wo kin, rl:'WV-hnr Py living and workin7 tonever ,,. q to if 0: 0, at-ff W71 COCKY cone to know each other. It is M WPnYrcr1c= but At is w7rth the effort involvnd if by tine end of the L r r Or= r rnose, a trust in each other and a sclid n r _:'.... xcu'_.d be utilized who had expertisq is 7w. Lrvan c._. 1 ) Behavior modific.. or: - with population; C) Psycho-Dyn?ric `hcor•, itslnis.ilio, with this - popuiati.on; 3) Early and e n! _vr �. _ . . _ _,,, _-.•e ane. assaultive individuals-; 4) Fedication - its : rr..a_ - 5) Medical Care - ..,.. i;_f in 6) Rohabilitation - i : n: 7= ....: ....rc r These are only a. few hpt wj - j .r. r..•n,- + _ will he .. . . pro-ram further developed to Hciqo, or: ntat`_cn, client diacmaatie and selection t r ,._ c; .l .,_.^.t=v. tharanies. This includes c r, or rolic:: arc, T-,rocedures as tho,, 1. Administrnt".'z Tn ,-,f rnI- .2 7 0. x 2,' _r it, c �114_losol"-: 7_1 rc� oc- n. Strat '-,icfO2' C^� r l`.._ nro7rn":s 10. rental ;:Pnl Each session will c 'S O: ;a '. U j; c t e s "he instrw-."or'r ti:.,e cil:r _se 01 s, This 15 a tminin,� mte for the 40 hours I and all nmtcrial.s. SC::)ULE 3 - Part I. 1. Administration: The Department cereby designates -..e Pegionai Services Administrator iPSA) as Contract Officer authorized and empowered to represent and bind the Department with respect to all matters related to this Agreement. In the event of a change in said designation the Department shall send written notice to the Contractor. 2. Invoices: The Contractor shall submit an invoice in form approved by the Department covering reimbursement for services rendered and costs incurred as specified in Schedule B-Part I during the Payment Period under this Agreement. The Payment Period shall be defined as one month or 3• Documentation: The Contractor scar_ sabmlt such supporting documentata- tion as required by the Department's "Contract Manual" incsrporsted here- in by reference. The Department further reserves the right to require such other fiscal, programmatic and administrative data as the Department may deem necessary for monitoring and evaluating services and activities to be rendered under this Agreement and to substantiate the Depertment'a claim for federal reimbursement. - 4. Consultants: Allconsultants hired by the Contractor under this Agreement shall be paid at rates not to exceed those established by the Executive Office of Adryinistrstion and Finance where established and shays meet such standards prcmu_gated and distributed by the Department for similar state posit ions. 5, Payments: Payments shall be requested by the Department as socn' ss Possible after the last day of each payment Period on invoices submitted for costs incureed and services rendered during that Payment Period. Fothing in this paragraph shall be construed to deprive the Department of its right to recoup or offset overpayment. 6. Disallowance of Payments: The Department reserves the right to disallow payment on any invoice or Stem set forth therein if sufficient documentation is not submitted to the Department. i. Allowable Costs: :he Contractor agrees that no fL•nds under this 4reeeent . shall be exceeded for costs incurred or Services rendered prier to :he effec- tive date of this Agreement. The 'ontractcr further agrees not to ezxnd funds under this Agreement for payrent to atate, federal, local or municipal employee for aer.vices nCr^._a_ly Paid fir by r.:ch e lcyee's regu!ar snls.^y or lwl .1 ` Q;4r Tvmvw=alttx >ot filassar4itffrftfi ` JOHN F. X. DAVOREN r Secretary of the Commonwealth tZ +, STATE HOUSE BOSTON, MASS. ARTICLES, OF ORGANIZATION Sa Under C. L. Chapter 180 '; ,-Wer THEODORE A. DUSHAN . president ROBERT F,. DONELAN Treaiuref, l L Y 'i LOLA HOG" Clerk or Secretary, ;and Theodore: A. Dusi-tan, Robert i a�::_ Donelan " L�la D. Hogan,A.Scott' Ander. sog4,11:dward A. BlAttle, . e _, lHlaetcwood� rtenn4th Thonton, 5.• Raymond King, Jr1 . , George U►Shea; ' „ . Elzear Asselin ' Jose h Linton "Robert .l . Weber Glenna M, LABell.a , .. r F 1 r ! �U M being a majority of the directors (or officers having the power of directors) `. .of `PROJECT COPE, INC. • M .elected at its first meeting, in compliance with the requirements of General laws,. Chapter 18q, �= Section 3, hereby certifythat the following is a true copy of the agreement of association to form said.corporation, with the names of the,subscribers thereto:. #' : 'We, whose names are hereto,subscribed, do, by this agreement, associate onrselvss wtth the x ' Intention of.forming a corporation under the provisions of General IAws, Chapter 180. ,r L•° the acme by which the corporation shall be known V PROJECT COPE, INC. o r t ry ` .Ths location of the".principal office of the corporation In Massachusetts !a m be the Town a r City of LYNN Street 250 Maple Street, �r = The purposes for which the corporation is formed are as follows: sx, ► Z° .'r To.:.engage in the work of encouraging and implementinggr Droams r :' . conoerned .with Health as defined by the World Health Organisation; ; Vit. nam "A"A state of complete physical , mental ,. and social .a+ell-being j. '� not merely the absence of disease and infirmity4” and 'Health as a unif' " co ncept' concerned with knowledge, habits,. attitudes, and. b'ehaviour . + of Ahs total ,and mflturing human being; to maintain "-offices-and facili.• , Ao do-whatever is necessary, incidental , and expedient . to «s hW n , accomplish. those purposes. To purchase, lease, hire, or -,,otherwise, acquire6 ,.to halos; own, improve,. alter , sell, mortgage, pledge, or ° � otherwisii`encumber or dispose of real estate and all _types _of persona `propertor,ar any interest therein which may be necessary; •usefulj,tQr r� .3 "T Ovdi46e v in furtherance of the foregoing Corporate Purposo ' k, pvylf " �� 4,"...i h1 lY,' "f a+l+, ( f � +r., f+., 3• . f f 6 atm �4e n0� rN r 'T s >i k, nyY i�a?'"1F� , t 9 ? ya �^ „ _, ��°Y}¢'r,• �' p � - , H ,, • `°'u�4�, .y,,. ' h 4 i ' p.5 "�:i k`?. t .. a ,ht -: ..ea 1 G'v��y.l� � H t �.� Q it ' i rl ., f7 L• j �e err - s1, .,, ", �-k .. ,,r ,: (•; , ;� , 5 ,C �,,'rp � '�. r,. . «»ice-r•' '� �� $�, _, .. Ii prmrrxtom�fee eahla',the space pro'Jided b cot iul9clont addltkw ihouW beset oat oaicontinaeUon'e6mets,w�-+Ji a.,",, 7N en aIS V'fi asovan �ays'ynotioeii waived, 8U In the following waiver.) !r ^y Wo heieby wai�re aII..requtramente'of the General Laws of. Massachusetts for notice of the illrz .. t.meeting for orBanizatlone and appoint tenth day of SeFtembeY o'clockp. M., at 250 Maple Street , Lynn, Massachusettgs f lace for holdin such first meeting- " dao 66 time. and p B r i <�,,'•:f iT70ev[•[dr pew the seine end sddrmr o[ aenh luoorpnretor M mnee beMw.1 9 RESIDENCE . NAME Give Number and Street, City or Town m iAtI.42 tTfieodore A. 2 phillips .Terrace, Swampscott " Dushan, Me D. + �L" �• K' r F p 4 Judith Road, Newton ti y8cott Anderson, M. D. + } � * eve Wallac e .Blackwood , 215 Maple Street; Lynn Kenneth ,Thornton 74 Carter Road, Lynn 1. w Rev. r t+'. bliveY Drake' 11 Gracie Road, ;Lynn { 'I 12 Rockingham Street , Lynn `. E 8i Raymond King , Jr . ^ {' 10 Prospect Street, Lynn Clasence Jones Aa eiaP is F= -n2 �} I 1 j{ A S F wI Jr nkn l ` y a ' , st . , r , 1 Yixt �Jrh �4 j" + u.{ X p 4 -T .1, f it`} Ygv(" ',r ''� S4't}5 s i.! y: , f 1 %41 'xY tyP �s t T -� ! 11} " { t " rp 1 "'a ' 1 4 . t :•IS i !' fiy2 ! _ • {'� 9 .. Ard.Curthcr state,,}�at the Hrst'meeting of the 6ubecriborp td�suld a�reanlant:was CD-IWS. I-2 15M-84I•D405101 .'i:. 1 ! k Trum ittuttottafl! of 1ud-5Liar4itaffg J _, ` ' YIa dEi J�s��� CUNNb1lV POERALWtNtIPICATION $ecretdHj of the Cointnontdeatth ; S' ld�,U4 97�820 ' bNl ASH)3U1tTON PLAT t;, BOSTON MASS 0108 lta Y`. wF 1 !i mr f F Y iN 5} 3 l f { 3 } t ( r .Y eek e�< nn w"�t ( r I.1vc daIR�ICLES n� #�IJINDMENt ,r {� A , �tt� , t ftp, f.#fc�c r4A s4 L'>a� k�i M ? f i V•+ X ? ?I' 1,11 &I {ot I.4y t � 3�2'.ei i ''L 5 z yam` �w r i ?(IK E .a �, > Gehttal Laws,tWter f 80, n Sectlbn I ; v .i+� �,W ax�0`Y •�pq lE }�* (�N -' ` AW Y( rr _: !'the . . - r ,i.: z pr .� F rd! vet#-#' x• �t b f''f`-'}nti•''tk%k''{i`ny»r � �:.`.' 4 ( , this ceflitlCate ritust be submitted to tt a SeOEeiery o1 the Cbmmonwealth within gixtq ddys Af4et the date tlf the R tibte DI membets bt stoCkhoiders adopting t6 amend hent.The fee for flhhg this certificdid fs$1o.Od ds ofd8CHbad byt` f F }h�;enbtAf Laws+ GhepfeP 180, Section 1 iC(by Make check payable to Ehe Cotnm Aimeditk dttt3tdssaCttuSattB 4 Y at { E a ik- �.�t ➢W' f 1K d`i s i5 .�.:L 35" ! y,N.. 1 e 14" � "4(��rk, 2 S S& v lP y .'8.x ,� $� r,r �,f`xRWmaRb'i *^ 'a ,We, isau� beltibt til -t t' President ra! x /tdt�st and Ok ",Theodore A bushan 1 t' ( :e r '� ! 3 f Getk�eLtfiltitds Of .'4. a .t $at+tr k Yi �d i a •! e ? k +$ z: t z A d °qkt `, ea'"'t ,^.. pe t ' eY a � a '� t 5Y �, i e x r y, ta„ xx 5 y{-./�Mr t ♦ r # 5yes 'e?`'r k'a yro' t5 i�4 i roto M1s i � A� �J•Ll... - CV..L>t '.1ljl.. ... t !u $ dt %�s�au. x+f'}# x. dIgr .rr{ A9 Y �' '$ '13 b+ �.k f c e Y & �: (NaEhe bt Ctlr reuunl #= i •sx +'.z !dg y W", ,� ?1'1 l 44,A n:£'4'% Nl,�l`inTs-k3�'rtYa`" 'Ir�«'iJ° `? o> Ery,,>�yy -,w i'' )'G #.° M , # st wN M+'S' uaV. 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'ra il. rvp �., jI � �h�F V$9 ( �A NOW tcJe�eaa]s 1purpose5�,£or'sRallicHr thisccs7�pq>. fdrl' ss $t�i: e���e° �'�^� 1 "'�7• r r Ea € Fk;7r t+ie}' .W �.�' v {aa'-rR W^#:Y 4 r at5, be t €c�i5�#ub�v £ �suCc�sa3a1a1 ` det�i�ytt �ci£t' 1ss'' x a lit YbF ����' �z � e#i �md !,' �aqs, y p �a Ye 'r.�5'td'�}es .bf rtt ].•c'�a end O On�thh tz N P7gu .a o M s`$",1I•, r ". . a �a f �} r�egLSSdC!tlut E`t<'sC,,�.li�#y� i��" 5 k jN0 ifirt� ns+� rk �r{ .sp35xo#tr�,'ecl.eM i5+ahb xysW1(jE�Fnt Id setlNdn �"ithualbn'fiAeels tq bA' u” d 'a: e ��/1k6�etClw� . a tUatlur�!sslha(4.e1 Com$ n 8 �1 )7 m }w. t+'t $ �sF}{�# Y. 4_ . 'Sit Uert an st hata e�.left•twnil a�tg n•1{`E,fd?tdidx I, w .+( y' !k 1 i ! s E blip !rt SOnI one r _. u. � r t+ .•� '8 �9"+E#tpy � � lr"�F�`'� �. °�E��"s$'`R+ �•n�y � s Ft x �. ,,, g Y rlE.shouid t?e u•rA ,•~ �6�4p` 4 • This corporation shall have and exercise all rights and powers lconferred ona corporation under the laws'{of the: Commoh- . wealth of Massachusetts, provided, however that this Corporation is not.,ernpiwered to engage in any activity which in .itself ig not in .,furtherance of its purposes as set forth in its Articles'' of Organization in any subsequent , articles of amendment . thereto, 5: This Corporation shall have the right to create+_'esta- blisho maihtaihi '•and operate various educational institUtions to provide such tfdininq in the -areas of health .and education as ,T " -butlihed abdVe in such places within the Commonwealth' of .Massa-s chusetts as-mayfromtime ,to time :be determined. by the Board .of bisectors of ,:this corporation.' (i T}te corporation, y 'its 8oard� of birectorsj "shall tiro vide a •facUlty_. br staff •ih order to establish courses of .insttiie r ti0hi tb adapt"-.procedures and standards- for. the •admissibh;,of ' , appiicantstogbehefit for .the• services,=of.; the corpoYatibh, "-tb * q� prdvida;afFlrktrie OkbpeY�keg_U1iitioh a(id"c introl 'bf':>act6tj bd"'"appli FR` cants and, their ',housing:. and' welfare'While' in attendance; ; and to=. dd all: bf the -things needful or appropriate in the 'establ shtheht ° andconduct of ''the, hereinabove described; purposes a b +do any and r'all other acts and to engage ih:atiy,Azithei` "tom `> .' �° z business ,br businesses ih any, manner connected; with ,or:;hcd6ssa") s; w dentaij cohVehieht or, auxiliary 'ltomany'lof the pur[itlsea brt a 1 sl �� :f ptlWers,{hcfeihal7Cive enumerated or�twhich"fiay,ttoi'�'shall {�i'b$lt5�te, the§� � `�o-'�''"4 "' � # i�r� ��'`interes� �5�l:this�`�cdrpoYatibh"anclf�,tht �jeneral°;�publicj �tb+�po�s2s3��, ������xf� '', , , 1 and _;use ells the* iowersy.aUthorizedandaliowedtb',hbnbfitCdiC�1 "* ;ars. poratibhslitd�f�•the�iaws bf ?this''rIcdmmonwe'dltti�,�.and§4tdfEetcse" an Al sbther }idwers which 'a� partneri 6�r �natAra�.ppets�51{ nhave'; .�9O^t pXerciscx and, ��hidh #n yf iioW a'rsr 1�erediter; be atit{Hbfizedsb + {lft"'x.�,ac>~i � d �n kFb ,, aq, Tyx.,��3�PJ-� [ t#a°h, a4F �+ AIFE FC�- lk This corpbrat`ion is,..formed�`solely andxexclus vely ,fbt"Ff R'•- able s,-purposes„ 'a5+ set�'forthx ajove, {!hot„for- eCun Cry �n gain br„profit i :;and'no :<pecurii ary,�gain br?-p'rof ittt;Tshall keverx'inure� 4; oto any directdY or;member ora th.iscorporation,'; or zany iother per # ' '•. = +�-.� s son oi•�cor oYation from the cos a� �_ ' a �;� p s �,., poste property or„operations kit t x� , F'gri P� �ft.1 .;bn '�XbNar,i.+� ;. a 3 ''' a fra � ¢r",k aw g� { �� `r' ixi� O i ii .« "k'.;Pr i' s K�ri . �'`�,�++## 'fig < 'ham, � tT y1s,• Y> §y,. d x "b;.� i 7� "Y , S�tf# ”?, �. 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Ary §y wF':Ppb md > { is/t #t%Y r n � r a¢tt t E F r C ,E.T ,`q� � '� a B { 7 ,F'y � , F.i mi, E �ti� a ���"' {, ,�s�:s _• �'iSS ''`6 u,_# �s� ;' ;���, a ,� 1 " l i'p *tx,, n e f9i 3 M. ,tr1 nr t b x, P $,�FtJy.•w. �.�a "e Jr ,.$ #Ei-'y��` gc��,x ��k�tt�*i's'� q:a,. 1 f'r ' K�'}� , , ," �,� '}�?��Yt r a f Ryas,y�t��, It+S.;�.e k�*,'�`7�d�'•� �n*'irz' 3r��i x1Y,�a atyi, ke� i,�t�s.K�.tp�'l��u r vyyrr✓Ey�*e;; }+fyla °fit�%'S� .s . R' CEWED �sAY 1919 THE COMMONWEALTH"OE MASSACHUSETTS CORPORATION DIdOFF�CE (s gECRETNRI ARTICLES OV AMENOMENT ,r (General Laws,Chapter 180,Section 7) hereby approve the within articles of amendment • and, the firing fee in the Atbdunt of t /GTi having been paid,,said articles are deemed to have been , 1 led lvlttl hit'l 5 ' ...^_r'r ' °$�, x yra5 wic�ij 'it q�:+'M sel i. : aayor t9 �1G ,§r.: e ' f i J art t{'+ 'bx.a7"+ r ?t• (f t i f. Y "4'�'�, q��' 1yl t'+ yf C - "�`�'� z'i si ttt,r :: _+�' ta's ' s5eveiarV of the,ConYmonweallh tY �a.,a"2 +�-;'�t'4. r}�' �4j�fr 1 titA$ � z .�Yt 11T' 9 Yx ;414s x'�r h '* M1 ; s Stafe uouse I3oston Mass ' i { ti f e 3 $ r V TIT. 7 {� *yt t ^ � t 4 ec r '� 4 SY � � ��y p :fl .& r , -r T ,. rcl 3`i t x �t eq}ty ♦ rA t t a Py1 '§ r t M� Tf':Lddd,.+i.0 :t' -t t t i o-A r t§ ' If IT x ' Yt l { G li g A ,.y 4 I' S L# " N� kl I I r '.yi r$f t a c t'rY{{ ti ,:Y � y' LSI � t a ''"* G x i •�a:�" j�'�x'Y � �f a� T L�Sr r + "A 2� SSYF �' st;,++3' Jµ,�ivt ii IT "Sv - F. 5r t� xY u{.y��,r'r }. Vf :.xi^ r ,yy yy�fy..r t4 (1 WA r� r a1�'M tikY'flt'a j .d^5t 'iit l i-k !¢& A t 'sr$ '} ru i tfi F `x `^ '`�f ttfi..i`.v4 - sa >t sr n t x r S} ?rw x @@j L'1170 RAIL (Nu(11.CC�!"oG�I T10N1 , p r, v' ktx x7 f g M^x'ex0". f ^a+ J.'s."n R:i' >*' t.Fbsya ,,4 Sara d is ! '11111 R n t ''`{` "- > :f°�.' (�! ar t¥ t"PHOjO ChPY i7F AAS �Iv1CNT TO BE SEN1 e ip dYit �'144 'A. k �: x w t ' t f '� � e{i$ t '~ r 1, , 2n T x{� a� 7 r 3 i..0 '�,�•ri e*.x xi w< .1' itfr ii"A rt N tfr a L x: t *4'- y e f � � e i �k ✓1,'N�l+l ���lf]"( +'^�1���_ ,X'g i� fi +tr"a'A, t � ;yw t°.�ksnZ x 'x`1 r f r r , i $ Ydg3 ziv 7r r�.� 1$ *p rFk+ ailAtrj/ 7 ` � l �:Itt7� 2� � Ay fl aQ?k°t 4x tc jr r *s a x ia7la n } tx6 ' , k t3.t� vti mow'; f t i Y r Tm iid'}.} 4 r .4 ca.,• i ,yx Ir M , at kn Ii at. r .:FlF x J Ya r r . r; x-"e � ..........� .e, 17 � 'r 'fig« J rya Co PYv h u,i1Ci rp 4`3 yrr � mt. # , WP+S :Y`G i AW { s ' e z ! r hixf >= i a-�v....a bz a y1 x* s Yx x k Y a.? a d f Wt r t m x i r L 7 8r U .i.rr'3 s v ''�-,� eky,gx`'je'9�y�tA,�' o J: { i }, L• Yi S ��} r 1 L� Lia s Y i ) t sy t.r'4hrt� T t4 � Y x�� 1� r .: r, r t -t i ' n �:: c•„,+,n X',�q{ 2�'A 1 A} 9 .- r�- Mi f4 7 ♦ � ���3�M ;f� 9 ,trsenq m4 k� t'r ` . - U a Li�'I'RICTS shall be construed as one parcel, No tonin or structures from hood g ordinance or by-jaw shall exempt land CITIES, TOWNS & DISTRICTS A Oral law, plain or wetlands regulations established ', A § $ pursuant to gen- city council, 8 boar(1 of selectmen, a board of a No zoning ordinance or by-law shall rt, -,o to be affected by chane or appeals, by fl° Individual o _single family residential buildin regulate or restrict the interior area of s ,4 suent to section g adoption, by request of registered voters of a fq1 9 lid regulate or g nor shall any such ordinance or by-]awe r ren re chapter Ulfrtyafae, by tea registered voters in fl restrict the use of land or structures for pl�nmag board, by a regional chapter 1 city purposes oa land.owned o1nd or d r religious Purposes P ohibit, nicipal charter. The board Planning agency orb other methods provided by a Profit a ons or the commonwealth or or for educe- of receipt of such tonin of selectmen or city council spell within fovr[een d mu- Profit educational cors hist, orb o -I n rets _ review. B ordinance or by-law submit it to UtePlanning . ms corporation� resided however t or enominatio board yor eteu rt, o meso°a a regulations con [hat and and or structures y No zoning ordinance �1 Ont acs etas the h lu end el ht f and the planning board °r bylaw or amendment thereto shall be ad requirements area, se pen space strut,[ in a purpose or town, opted until atter tion mfl Lands in structures used, or to Parking and bulidisg coverage or appointed for the and the city council or a committee des[ S be exempted in particular rea U8� by a public service co which Interested purpose by said council has held a grated or by-law if, upon petition of the cor ms from the operation of a zoning ordinsace hearing shall Persons shall be Public hearing thereon iat s after notice Poration, the department of public utilities shall, g be held within sixty-five days opportunity p ed heard. Said public determine a senprion,Pursuant to section eleven and ' by-law Is submitted to the I y after the proposed zoning ins the exemptions required and find that Public hearing in the to • there Is none, within gist - p H°°Ing Doerd by the city council o ]ordinance or land or structure is reasonabl present or w•n or city, S five days atter the selectman or if 11c: Prorided y necessary for the convenience or welfare the p u of br to the city council or selectmen Notice of the proposed zoning ordinance Is however, that if lands or structures used of Che sublet,[ matter, sufficient for Identifications and place of such Public hearing service corporation are located in more than one or to be u tures may used DY a public maps thereof m;ry be inspected shall a, and of the place when texts and S be exempted In particular res munldpality such lands or strut, tion is the city or town on Published in a newspaper of once or by-law It, u respects from the operation of an zoning be not less than fou once in each of two successive general circula- shall you Petition of the corporation, S ning ordin- fourteen days before the successiive hearingthe�drst publication to after notlee to all affected the department of public utilities notice in a conspicuous ]aday Of municipalities, determine the exemptions required and fourteen days before the la fa the city or town hall for a by Posting such Public hearing in one of geld y of said bearin period of not legs than Posed use of the land or structure is reasonablyied and flad that the sent in mail, postage prepaid to the departmentg- Notice of said hears welfare present or pro- planning"" of contmunity gff� shall be re of theg agnacalso Public. necessary for the comenienco or Zoaln y If any, and to the planning boards of all abutting Cities and town& No provision of a tonin g ordinances or by-laws mfl trios b y g ordinance ore -law shall be p shall be included with Y provide that a separate, wtnt Y an boundary Ilse which may be char valid which sets apart dis. Ing that notice of hear Property tax bilis gent to nonresident props conspicuous statement mens to the zoning ordinance or by-law. sed without adoption of an amend- to as such logs under this chapter Property owners, stat- is by St.7976, e.Seg,Q g, - y ch owner who tiles an annual plat shall be sent by mall,postage prepaid, 1075 Enactment, This section was de- Review clerk n0 later than Januar request for such notice with the rived, In - ordinance-orb Y first, and pays a reasonable fee as established city or town Dart, from sections 2 and haw ficV nc Commentaries notice sball by-law In eases involvilibo w by Ouch former c. fOq. 10 of Sufficiency of administrative finding., quest with the y t i° any such nouresident Property dOr use CA6ageg within a dlatdCt, See the italicized note preceding section I Henry S. Healy. 18 Annual Surveyof F or town Owner Who Ens filed Of this chapter.and the note thereunder. Law•Boston Colie e, . Mae.. change Is sought. No Mark and whose property lies in the dlstrlet hoe the g P.576(1971). validate an detect in the form of any notice under this chapter y zoning by or ordinances unless such detect is found to bbenus- 1• Uniform districts leading. Any zoning ordinance No vote to adopt any such Proposed ordinance orb - be uniform or by which divides cities and towns Into dletricts shag m report with within the district for each class or kind of structures or uses recommendations by a pinnal by-law °hal] be taken until ut Districts shall be shown on a - cell°g°r MCS council, or recommendations ng board has been submitted to the town Such maps shall be zoning map in a meaner sufficient for Identification, submission of such re yens days atter said hearing have M Plana may part of zoning ordinances or by-laws, Rent for I ei prort _ port or recommendations. speed and e. Y be used as the basis for zoning maps. If more than four sheets or platen Port, °r after twentyone da s Alter such notice, hearing and te- am used for a zoning map, an Index map ahowing districts In outline°hal] be Ponten of such re y shall have elapsed after such hen of the zoning map and of the zoning ordinance or - such ro port, a city council or town meet) ting t, or ea any Added D p posed ordinance or meeting°lay adopt, to to or ameny say y St.1975, a 808, S g, by-law. by-law. -If a city council falls to vote to adopt an pro- Posed ordinance with in ninety days after such hen ted. Enactment. Tule section was de- Ses, -the Italicized note - - vote t0 adopt an rived, In part, from section 2 of former c. shall y Proposed by-law within six months e r if y town meeting falls [o sive preceding mcvon be taken thereon until atter a subsequent beer such beating, no action 1 of this chapter and the note thereundar. bsequent pub11C bearing Is held With no cc and report as provided. § S. Adoption or chane - NO zoning ordinance or b - law Zontng ordinances orby-laws g of zoning ordinances or b vote of all the members of the town ll be adopted or changed except b a mfl Y-laws; procedure commissiot form o[ coundl, or of the l y ereistwo-thirds amendment,ordinances or rey be adopted and from time to time changed D government ore city muneU where there is a Unit or change of zoning orplinancee pr]b In the manner hereinafter 7 - are two branches, orb single branch, or of each bran Provided. Adop- _ city or town with y a two-thirds vote of a town m �� there the dry council or board of by-laws may be initiated by the autied. m to _ the clerk a council of.fewer than twee[ meeting Provided that if to a _ selectmen of a proposed tonin ordinance or by-law s prior to final action b the twenty-fl member, there le filed with See to., and annotations g y law by a tating the reasons dui y council a written U }ormer Chapter 40A, ante — the land y aig°ed by owners of tweet Protest against such change, Proposed to be included in such change,y Per cent or more of the arse of 114 - - or of the area of the land im- See text and annotations under former Chapter 40A, ante 115 c`j` the onrc e%iuence on tris broad and comprehensive term involving 4. Zoning X647 point-the piaintiff's testimony that the HARBOR SCHOOLS, INC., et al. personnel director stated that unidentified process of developing and training mental, Evidence, in suit claiming zoning es- - moral, or physical powers and faculties. "officials of -he company" had agreed to `• but emption for facilitc devoted to education in its broadest and best sense relates to and improvement of emotionalk disturbed the terms of employment--did not meet BOARD OF APPEALS OF.HAVERHILL - them all: terms "education" and "rehabili- children, supported finding that operations this burden. There was uncontroverted ev- et al.' (and a companion case 2). tation" are not mutually exclusive and do of facilitc were of public nature. that its t idence that no other employee had the sort not denote functions so distinct that, in undertakings and objectives were not corn- f of contract alleged be the plaintiff. Appeals Court se Massachusett, determining applicability of statutory ex- mercial in character and not motivated for 3 In man' ciosely analogous cases, me Essex. g emption under Old Zoning Enabling .act, personal profit of any group, and that 'sell- . nage held that much more explicit assur- Argued Nov. 16, 1976. trier of fact would be required to quantify ity was entitled to zoning exemption under antes by corporate officer,ra agents do not them relative to each other. M.C.L.A. C. Zoning Enabling Actin effect prior to 1975. bind a corporation for contracts of employ- Decided Aug. 19, 1977. 409 _ § 2. St-1954, c. 368, § 2. M.G.L.A. c. 40A § 2. St.1954, c. 368, § 2 ment of extraordinary duration, such as the See publication Words and Phrases fourteen hears involved here. Porshin y. for other judicial constructions and Snider, 349 Mas. 653, 654-655, 212 N.E.2d Appeals were taken from orders of the definitions. Donald G. Tye, Boston (Edward J. Bars- 216 (1965) Igeneral manager). Thalin y. Superior Court, Essex County, Linscott. J. hak, Boston, with him). for Board of Ap- Friden Calculating tach. Co., supra. Simo- upholding, on reports of a master, a claim 2. Zoning x288 peals of Haverhill and another. 1 neili v. Boston Hous. Auth., 334 Mass. 438, for statutory exemption from operation of Fact that facility which was devoted to James P. Cassidy, Jr., Lowell, for Harbor 137 N.E.2d 670 (1956) (personnel manager zoning ordinances by a facility devoted to education and improvement of emotionally Schools, Inc. and others. and proiect director). Braden v. Trustees the education and improvement of emotion- disturbed children provided live-in accom- of Phillips 3cadem}', 321 Mass. 53, it ally disturbed children. The Appeals Court. modations and was confined to emotionalh Before KEVILLE, GOODMAN and N.E.2d 765 (1947) (comptroller). See An- Goodman, J., held that: (1) for purposes or disturbed children (lid not render its pun- ARMSTRONG, JJ. not.. '28 A.L.R2d 428 (1953). 2 W. Fletcher, application of the statutory exemption, the pose less "educational," for purposes of ap- GOODMAN, Justice. Cyclopedia of the Law of Corporations terms "education" and "rehabilitation" dfi. e•:icability of provision of Zoning Enabling § 677 Ire%. perm. ed. 1974). not denote functions so distinct that the 'Act in effect prior to 1975 exempting from These are appeals from two judgments. 4. Because of the plaintiff's failure to master could be required to quantify them zoning ordinances facilities of educational each in an action in the Superior Court. produce evidence from which the jury could relative to each other. (2) the fact that the nature which served public purpose. Nf.G. both of which upheld a claim made under find or infer (al that the personnel director on pr facilitc in question live-in acenm- L.A. c. 40A § 2, St.1954, c. 368, § 2. G.L. c. 40A, § 2,3 by Harbor Schools, Inc. ' - modations and was confined to emotionalh See (Harbor Schools), that it is entitled to oyer- and the engineer had implied or apparent publication Words and Phrases authority to bind the defendant to a four- disturbed children did not render it purr for other judicial constructions and ate a facility on the premises without re- , ,. pose am less "educational;' and (31 est- definitions. gard to the use restrictions of the Haverhill teen-tear contract. or Ib) ti:at the de,end- ant had ratified the alleged contract. the Bence supported findings that the facility- :3. Zoning c-288 zoning ordinance. One of the actions Ise defendant's motion for a directed verdict operations were of a public nature, not Com- fn. 1) is an appeal under G.L. c. BOA. § 21. mercial in character and not motivated 6,r Whether"an% or not facility may be found from the decision of the board of appeals of 11 should have been granted. Therefore the personal profit of any group, and thorn'._: " serve any educational purpose which is Haverhill (board), revoking a building per- izuperderi r pet aside and the judgment er the public," so as to qualify for ex- mit G.L. c. 40A, § 13) to make repairs and entitled to the statutory'�exemption. ( Superior Court for the plaintiff is reversed. '-mption from zoning ordinances under Zen- changes in the building on the and a verdict and judgment for the defend- Affirmed. ":c Enabling Act in effect prior to 1975 is contemplation of its use by Harbor School: ant are to be entered. he determined by application of well-es- The on[ ' reason given by the board for its io ordered. taidished principles which have been ap- decision was that ••[t]he Board of appeals 1. Zoning 3:-288 plied under other statutes or legal rules to feels that this type of facility is not exempt .� For purposes of application of sc¢sd 'letermine whether purpose of educational from the zoning ordinance under the provi- `=•:•suw=_ca•stt. exempting from operation of zoning ordr' "r other institutions isc or ubliprivate as cion, of Massachusetts; General nances facilities used for any educati"t;a =h„•,[ P te Chap- ter:n operation of institutions and bene- ter 40A, Section 2.” The judgment entered purpose which is public. term "educatil', fits conferred thereby. M.G.L.A. c. 40A in that action determined that the "[p]lain- St.19-54c. 36F. °. . § '?. 1. The other plaintiffs in this action are Donald Haverhill and sic residents. each of wh.` �� tiff, Harbor Schools. Inc.. conduct; facilities MacDonald. the owner of the premises at 675 owns property in the zoning district in wh.•° '{ genera; Laws c. 40A. § ?, as amended Main Street in the cite of Haverhill (the remix r,u h St.i959. c. 507. : 1. provided mper.,. The statutory references in this opinion pec _ P the premises are located. perti sept where otherwise sp-cificallc indPcated)are es), and Arthur C. Di Pfauro. the executive di- Part: "h'lo ordinance which ceche r rector of Harbor Schools. Inc.. and a party (as. y- The companion case was brought by the • to- •'r nib,ts or limits the use of land pro, t of the Zoning Enablin_ act ,us r buyer and as trustee) to a purchase and sale for p residents against Harbor Schools. Inc.. Di>la+ ''"' educational purpose which is m effect prior to e 19?5. c. 8t7S ; g„Ir agreement of the premises. The other defend- ,-o and MacDonald. •",.bh,' shall be and.'. Parties have assumed the applicabiln, of the ants stere the hu.ldin" ...n.�.,.. .., .... ,.. - _ . . well settled. President d Fellows of Har- Use," or the Like within Zoning Ordinance interior and emotionally disturbed children consistent with this decisive genera! find_ yard College v. Assessors of Camhridge, 175 64 A.L.R.3d 1087 (1975). ( where systematic instructions are given to ing. And the appendix bring; us nothing in Mass. 145, 146-147, 55 S.E. 844 (19001. See each child in accordance with his need-, as the way of a motion to recommit, or other It is significant that the Legislature c- well as assistance to correct emotional dis- motion which attacks this general finding. - Trustees of Phillips Academy y. Andover' Chapter 766 of the Acts of 1972, in con nee- ' - 175 Mass. 118. 125, 55 S.E. 841 (1900); Em- � turbanees if such assistance is required to See Bills v. Funno. ---- Mass.App. tion with its policy "to provide an adequate, help the child to pursue and respond to a --°, 346 \.E.2d 718 119761, erson v. Trustees of M1lilton Academy publicly supported education to even child supra : South Lancaster Academi i Lan- useful life." caster, '242 Mass. 553, 556, 136 S.E. 626 resident therein," has recognized that "chit- Judgments affirmed. dren ["with special needs"] have a variety [3] In order to qualify for the zoning (1922). Eon is its purpose any the less of characteristics and needs, all of which exemption under G.L. c. 40A, § 2, Harbor educational because it is confined to emo- tionally must be considered if the educational poten- Schools must be found to serve "an educa- disturbed children. Assessors of t 1 tional • ur purpose which is tial of each child is to be realized." Such a j p p public."" N Lancaster c. Perkins Sch., 323 Mass. 418, child is defined broad)}' as a "child who, Worcester r. Fein England Inst. 8• A'ew o i;e[•auMsls;rsl� 421 22, 82 ICES d 883, 885 (1948) (uphold- because of temporary or more England Sch. of Accounting, Inc.. 335 Mass. in a finding by the Appellate Tax Board p permanent g, g g - pPe adjustment difficulties or attributes arising 486, 140 N.E.2d 470 (1957). whether it that the taxpayer, incorporated for the ben- from intellectual, sensory, emotional, or serves a public purpose "is to be determined efit of "retarded or badly adjusted children by application of the well established and of others requiring special educatioral physical factors, cerebral dysfunctions, per- princi- ceptual factors, or other specific learning pies which have been applied under other or medical treatment," was entitled to a tax statutes or legal rules to determine whether %? - disabilities or any combination thereof, is Leonard G. HEALT. Jr. exemption as an educational institution). Armstrong v. Zoning Bd. of Appeals, 158 unable to progress effectively in a regular the purpose of educational s other institu- N. o school program and requires special classes, tions is public or private as shown in the v Conn. 158, sig A.ed I. 799 (1969) (a nonprofit instruction periods, or other special educa- operation of the institutions and the bene- Filmore W. McABEE. facility "designed for the education of chit- fit conferred thereby." Id. at 493, 140 de vices in o tion services to successfully develop - dren with mild emotional disturbances and \.E1d at 473. Appeals Court of Massachusetts,. . . utiliz[ing] tutoring, remedial edu- his individual educational potential." G.L. Barnstable. cational and rehabilitative techniques" [at c. .1B, § 1, inserted by St.1972, c. 766, § 11. [4] The articles of incorporation of Har- 161, n. 1, 257 A.2d at 801] "conforms with while the emphasis of the statute is on bor Schools provide that "[t]he Corporation Argued May 20, 1977. an accepted meaning of the word 'school' integration of these children into the public is irrevocably dedicated to and operated ' under 'the broad modern concept of educa- school system, it contemplates, as an alter- exclusively- [for ] non-profitable and charita- Decided August 19. 197". tion and within the meaning of the term as native, participation in a program of "(8) ble purposes, and no part of the income or it was used in the [zoning] ordinance' •[168, teaching or treatment at a short or long assets of the Corporation shall be distribut- o- . 42d at 804]). Wiltu_vck Sch. For Bo}-s, term residential school." G.L. a 71B, § 2, ed to or enured to the benefit of any indi- An action for declaratory iudgm,nt aInc. v. Hill. 11 N.Y.2d 182. 190, 193. 22. inserted by St.1972, c. 766, § 11. And in- t"idual, except such reasonable compensa- that a sheriff's sale of real estate to defend- ' \.Y.S.2d 655 (1962) (an institution for the deed the master found that the Haverhill tion, as may be allowed for services actually ant was invalid was dismissed by the Supe- care and education of emotionally dis- site had been given a three-month interim rendered the Corporation, and assets, bene- rior Court, Barnstable Count}. Zarrow. J_ turbed, delinquent, dependent or neglected approval under c. 766. See G.L. c. 71B, fits or right granted to the Corporation." and the plaintiff appea!rd. The Appca!s boys aged S to 12 operated by a private § 10, inserted by St.1972, c. 166, § 11. Such Decisive on this question is the master's Court, Keville. J., held that: (L by se!ect!:;g nonprofit corporation is a "school" asthat approval seems quite consistent with the finding that. "[o]n all of the evidence, and 10 A.M. as the hour for automatic entry of term is defined in a zoning ordinance "de- findings of the master detailed above and all of the reasonable inferences which I can Judgments, the legislature intended 1r.ct spite the fact that the students require spe- his final comprehensive finding that "each draw therefrom I find that the Judgments should be so entered on! n cial attention"). See generally, Annot. facility conducts a school for intellectually operations of Harbor Schools, In- cases which became ripe by close of bust. corporated are of a public nature. I find ness on the preceding day; (2) where :he 7. This policy had its beginning at least as early still continues to furnish them with special in- that its undertakings and objectives as such petition to vacate had not gone to iudgment as 1848 when the Legislature on language more struction at great cost• and will she longer blunt than we now use) appropriated "a sum neglect the poor idiot,—the most wretched of are not commercial in character and not st the time of the sheriff's salt g- May th a not exceeding twenty-five hundred dollars an- all who are born to her.—those who are usuauy motivated for personal profit of any group, stay of execution on precious iudgr.;ent t,as nually, for the term of three years, for the abandoned by their fellows,—who can never. and generally serve a public purpose." still in effect, and ;he sale was premat-,;re. purpose of training and teaching ten idiotic of themselves, step up upon the platform of There is nothing in the master's report in- children." Res. 1848, c 65. It was passed humanity.—.gill she leave them to their dread- ! Judgment reversed and case rvm; nc_c. after a report, submitted by Samuel Gridley ful fate. to a life of brutishness, without an 8. ll'e make no determination whether the ap- hibn, regulate or restrict the ,:.e land Howe. (1848 Sen.Doc No. 51, at. 52); who effort in their behalf?" See H. Schwartz.Sam- pilcabilit%of the zoning exemption turns on the structures for educa:.,to r - "rote. "Massachusetts admits the right of all uel Gridley Howe. Social Reformer 1801-18-'6. same substantive conswerauons under the suc-lessoron !and owned or leased ho �`--` "4 n - her citizens to a share in the blessings of edu- c, X. (��The Education of the Feeble Minded") ill accoraance with IG.L. c. antic; ated that admissions to the Haverhai amplequalified "to administer the program board (see fn. 4) has proper!} abandonr? 40A, § 21, is exempt from the operation of faciii: will be confined to girls from tht of these facilities which are devoted to the the contention apparently mad, 'u th, the zoning by-Jaws of the City of Haverhill g g ma a es of thirteen to Eighteen. The master education and improvement of emotionally ter that (as sated in the muster? rea�:c and is entitled to e building permit at 475 further found that Harbor Schools had fir- disturbed children." Main Street, Haverhill." The board and "the use to which the building is to 'De _. ty-one "students" referred through agencies The master found that "[t]he children merely a care facility for chitoren. uj;- one of the individual residents, Dorothc of the Commonwealth—primarily b,, the [whom] The Harbor Schools. Inc. works Tye, who owns property' at 681 Main Street underlying medical facilities and ., Department of Public Welfare. Hosvevcr with arebasicail} emotionally disturbed mal educational aspects " in the vicinity of the premises, appealed individual private admissions are possikie. children with educational and in most in- board now argues that fair stated !n (see fn. 1). in Am The master viewed the facilitstances psychological problems. brief y' e=- � ) "at the ver}' most the education The second judgment ,vas entered in a burr. which the.parties agreed "was typical In every case, each of these children admit- plied to them is an equal objective l. companion case for declarator' and injunc- of the other units operated by The Harbor ted needs emotional psychiatric adjustment their rehabilitation." But "education" an re tive relief (see fn. 2). It raised the same as well as daily educational indoctrination rehabilitation" do not denote fur.cror.s st, Schools, Inc. and would, in a great measure. in the basic studies such as English, mathe- issue as did the appeal from the decision of be similar to the facilit}' intended to be distinct that the master could be reeu;ree the board under G.L. c. 40A, § 21, and the operated in Haverhill." He found that matics, science, etc. Most of these children to quantify them relative to eaeh other, judgment entered was to the same effect as "[t]he facility lacks some of the sophisticat- impossible sible toare so 'keep'onally maladjusted that it is They are not mutually exclusive. Atmos: the judgment in that case: Dorothy Tye q P P p them in any public school ed and modern a ui ment found in some one hundred years ago the Supreme J,:di- ,. appealed. facility and they need special attention and public schools, but in its simple state, it individual care. [A]s each child is vial Court characterized "education" as "a Both cases had been referred to a master offers an atmosphere of calm, home life, admitted, each child is given various tests broad and comprehensive term. It has been who had heard them together and had filed coupled with educational indoctrination in to determine his intellectual capacity, any defined as 'the process of developing arc two separate reports which were confirmed each case suitable and essential for the indi- social problems which he may have, his training the powers and capabilities of :n and in which the findings of substantive %idua! involved. In the educational process spirit of cooperation, and his ability to be- man beings.' Education facts are identical. (References hereafter the facility attempts to tune in the wave come involved and socialize with his fellow particularly directed to either the mer:;:a:�. to the master's report, in the singular, are length of the particular student's inteliectu- students. [Alll of the children moral, or physical powers and faculties. bs: intended to include both reports.) The only al capacity- and to keep up with his learning are given periodic diagnostic reading tests in its broadest and best sense it rotates question before us is whether the master's ability and achievements. It constantly at- which consist of word recognition, word them all." :Noun( Hermon Bots' Sc'. report yields an adequate basis for the tempts to keep up with the student and analysis, various achievement tests which Gill, 145 Mass. 139, 146, 13 N.E' 3.54. 357 judgments. Whaler.Votor Inn, Inc. t. Par- develops his abilities. Correction for char- invoice world [word'] knowledge, reading (1887). Emerson v. Trustees of M.::o-. sons, — Mass.App. —, — 339 \.E.2d acter weaknesses is also handled on an indi- - comprehension, spelling, language, simple Academy, 185 Mass. 414. 417. 70 \.E. 42 197 (1915), and cases cited;' S.C.. — vidual basis." mathematical computation, [and] matee- (1904). Assessors of Doter i. Dom:- ra- Mass. —, fn. 41, 363 \.E.2d 493 (1977). He further found, with reference to Har- matical problems. [\r]arious standard tests Fathers Province of Sr. Joseph. 334 Vass. We hold that it does. her Schools general!}, that each facility had which are employed in the public school 530, 541, 137 \.E?d 2'25 119561. f - The master found that Harbor Schools two teachers who "are college system are also used at this facility'. Each g graduates— isgiven standard achievement tests which The definition seems to us sill; serricea. was a corporation organized under G.L. c. all with Bachelors degrees, some of them ble despite the new jargon (e. g. "re:nab !a- 180 and that it operated three facilities, two have Masters degrees. Most of them, if not are used and recognized for public schools."s tion," "therapeutic") which has acron•:_,a- in Maine and one in Amesbury, Massachu- all, have had specialized training in dealing nied attempts to create new discin!'nvs. setts, "which are devoted to the education with children having unusual emotional The master's findings find support in the The definition is echoed in Webster's T•':-' and improvement of emotionally disturbed problems of psychiatric chiatric nature, requiring purposes of Harbor Schools set out in its dew- International Dictionary 119-'.� ,t�(,�. children"; the premises in Haverhill are special knowledge and experience."' articles of incorporation which, as listed b}' - proposed as the site of a fourth such facili- also found that the executive director of the the master, indicate an emphasis on educa- gives as one of the definitions o7 "v 1, r::- tion and instruction. Further, the master tion": —"the act or process of oroticint ty. Harbor Schools admits children from facilities was a ' well educated man of hast with knowledge, skill, competence. or found that Harbor Schools was given a tax g a. Mass.App.Ct.Ade.Sh. (1975) 1473, 1479. to the board as appellant shall be deemed to exemption "Under Chapter 32 of the Inter- usually) desirable qualities of be.^.a%ior o- 4. No question of standing or other procedural include a reference to the individual appellant nal Revenue Code, as a non-profit educa- character or of being so prodded rspieci::'- Tce as we1lJ matter is raised. The appellants have included tional institution permitting it to purchase ly] by a formal course of study, in>truc,:.�c. in the record appendix carious documents des- b. plass.Adv.Sh. (1977) 109&. 1089, fn. 4. gas and lubricating oil tax free" (presuma- nr training." ignated as "exhibits." presumably received by bly under I.R.C. § 4221[a][5] and [2] We see nothing ineonsi>tenathe master. They are not referred to in. the o0 5. "[lJn addition to the teachers [herr > 4__1[d][5]). ucational f _ master's report and there a nothing to indicate purpose in (hr .at that a that they are herefore pare the record on are house counsellors and house matrons w'ho appeal. We therefore confine our considers. oversee the activities of the children who are - 6,c ether relevant findings are: "The Harbor novels and stories. There a-' --