Daily News from New York, New York • 273

Over 2 Parts TfCTRl In Tudor City 00 By JOHN TOSCANO A builder's plans to. construct two skyscraper apartment buildings above two private parks in Tudor City on E. 42d St. were defeated for a second and final time late yesterday when the Board of Estimate voted decisively against the proposal. The board's action came after a brief public hearing during which the atttorney for the developer, Helmsley Spear, denounced the action as unconstitutional and Tudor City residents urged the board members to save the park lands.

This they did by a 20-to-2 vote. Following the vote, the developer's attorney, Abraham Lin-denbaum, said he would recommend to Harry Helmsley, head of the development company, that the board's action be challenged in the courts on the grounds of unconstitutionality. Alternative Offer Helmsley, who acquired title to the parks last year along with 4 in the Tudor City development, was first blocked from building in the air rights over the parks last month when the City Planning Commission rejected the proposal. To compensate him, the planners said he would be allowed to build in or sell an equivalent amount of air rights anywhere within- the area bounded by Eighth and Third Aves. and 40th and 59th Sts.

This also killed an alternate to Helmsley plan to build a 46-story tower on a platform over 42nd St between First and Second Aves. Special Park District The planners also created a special park district that encompasses the two Tudor City parks and ruled that the previously private parks would now be open to the public between 6 a.m. and 10 p.m. Lindenbaum, in his remarks to the board, described the air rights transfer concept as "impractical, unfeasible, inadvisable and unconstitutional because it constitutes a taking of property without due process of law and most of all without just compensation." Irish Vote On Change I fe1'- 9 lx? All -K3? I A 17IDE JEANS 'N kf'iMM if II TROUSERS IN JIM1 1 I SKINNY NEW STRiPES! jj In Charter 1h newest latest most fun pants around. Adding a zesty dash for the holidays "ripe Super cuffed trouser wide low-slung Jeans.

The kind of pants you'd expect to pay much more for. We made a Special Purchase and you Wintery blend in grey or navy with light chalky stripes. Great gift idea! Sizes 6 to 16. Dublin, Dec. 7 (Combined Dispatches) This was referendum day in Ireland and the government invited the people to "vote yes for a new Ireland." By the light voting, it appeared that a great many of Ireland's 1.783.604 electors were content with the old Ireland.

At issue were two amendments to the constitution of 1837. One would remove from the constitution an article providing a "special position" for the Catholic Church as guardian of the faith of 95 of the people. The second would lower the voting age from 21 to 18. Death in Belfast President Eamon DeValera, 90 years old and almost blind, was among the first to deposit his two ballots. DeValera, who drafted the constitution with the help of a former Archcbishop of Dublin, voted at a school near his mridence in Dublin's Phoenix Park, In Belfast, Northern Ireland, meanwhile, a housewife returning from her shopping found the body of a man in the back of a truck in a Protestant neighborhood today.

He was the 107th victim of the wave of murder madness which has swept Northern Ireland this year. The over-all-toll for almost 3 years of violence in Northern Ireland now stands at- 655 OKN 9:30 Til 9:30 MANHATTAN: 34 hi st West el tth Ave. IROOKLYN: 174 Livingston Street Dea4B. Cor. Irf Kmvj h'wit at E.

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