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Miscellaneous - 435 ANDOVER STREET 4/30/2018 (3)
.j�1•�w� l r I f ¢rj7lpo bFFicc �j � • C t I�fu w/ �i �Cl7f:� �I�a 0"/T !` I �� �Z Oxford *ESSELTE MADE IN U.S.A. NO. 752 113 � e North Andover Board of Assessors Public Access Page 1 of 1 r i work Forth Andover Board of Assessors � s p i • Sroperty Record Card Click Seal To Return Parcel ID :210/024.0-0032-0000.0 FY:2013 Community:North Andover SKETCH PHOTO Click on Sketch to Enlarge Click on Photo to Enlarge Search for Parcels t Search for Sales S i Summary Residence Detached Structure y Condo I 135 ANDOVER STREET Commercial Location: 435 ANDOVER STREET Owner Name: THOMPSONS RESTAURANT,INC Owner Address: P O BOX 155 City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood:32-2 Land Area: 0.82 acres Use Code: 326-EATING-ESTBL Total Finished Area: 6220 sgft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 1,255,600 1,299,900 Building Value: 947,100 1,000,000 Land Value: 308,500 299,900 Market Land Value: 308,500 Chapter Land Value: LATEST SALE Sale Price: 0 Sale Date: 01/01/2048 Arms Length Sale Code: N-NO-OTHER Grantor: Cert Doc: Book: 00706 Page: 0553 http://csc-ma.us/PROPAPP/display.do?linkld=2251113&town--NandoverPubAce 3/26/2013 Commercial Property Record Card PARCEL_ID:210/024.0-0032-0000.0 MAP:024.0 BLOCK:0032 LOT:0000.0 PARCEL ADDRESS:435 ANDOVER STREET FY:2013 PARCEL INFORMATION Use-Code: 326 Sale Price: 0 Book: 00706 Road Type: T Inspect Date: 07/13/2012 Tax Class: T Sale Date: 01/01/48 Page: 0553 Rd Condition: Meas Date_:_ 07/13/2012 Owner: _ --P--,-.- --- -- — THOMPSONS RESTAURANT,INC Tot Fin Area: M 6220 Sale Type: Cert/Doa Traffic M Entrance: C Address: Tot Land Area: 0.82 Sale Valid: N Water: Collect Id: RRC P O BOX 155 Grantor: Sewer: Inspect Reas` C NORTH ANDOVER MA 01845 Exempt-B/L% / Resid-B/L% / Comm-BILWO/100 Indust-B/L% / Open Sp-B/L% / COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code:-326, NBHD CODE: 32 NBHD CLASS: 2 ZONE: GB - - Se -T,Type Code Method S Ft Acres Influ-Y/N Value Class Category Grnd-FI-Area Story Height Bldg-Class Yr=Built `�Eff-Yr-Built Cost Bldg 9 Yp q- 2 6304 1.0 D 1993 1993 910,700 1 P 326 S 35560 0.820 308,518 Groups: DETACHED STRUCTURE INFORMATION Id Cd B-FL-A Firs Unt --Strom Unit Msr-7 Msr-2 E-YR-Blt Grade Cond%Good P/F/E/R Cost -- Class 1 326 4424 1 0 2 326 6304 1 0 AS S 16000 0.00 1977 A A 50///50 19,600 3 3 326 635 1 0 VALUATION INFORMATION Current Total: 1,255,600 Bldg: 947,100 Land: 308,500 MktLnd: 308,500 Prior Total: 1,299,900 Bldg: 1,000,000 Land: 299,900 MktLnd: 299,900 SKETCH PHOTO Q 4n USTO algia 12 �o s ISFR/B I 4 5582 Sq.ft 41 r 63 ISR FINRAS 6 tS Ft 22 q� 22 29 • dj4 &M 471 qf 9 435 ANDOVER STREET Parcel ID:210/024.0-0032-0000.0 as of 3/26/13 Page 1 of 1 v B ERTUCCIPs e ` B R ICK OVEN P I Z Z E R I A® I I August 1, 1996 North Andover Building Dept. 146 Main Street Town Hall Annex N. Andover, Ma. 01845 ATTN-. Mr. Robert Nicetta RE: BERTUCCI'S BRICK OVEN PIZZERIA 435 ANDOVER STREET N. ANDOVER, MA. 01845 Mr. Nicetta, Enclosed please find for your review preliminary proposed floor and site plan drawings including the dumpster area for the above referenced location. If this meets your approval we will proceed with working drawings. Please feel free to contact me at our corporate office with any questions or concerns. Thank you#seT /km enc. TL AUG - 2 nQ95 14 Audubon Road • Wakefield, MA 01880 • (617) 246-6700 FAX: (6l 7) 246-2224 A—P-C aQ !�►�_g rte X 5'-5`- —--- -- - - n- CCC_Alt_ lolu i i i i i - - - ----- -- -i - - -- - - - - , f L i I i i i -- -t - - - -- ---- -- - - - I i I C --�Y — -- t I — — — ____ - — - — t -—-- - - —- -- i I s ____—_ — — — — — L — -- -- — --- —— — -— i -- — — — — — — -j---— � -----———— — ———— — —— — i TO LAI �FF;OM OF a- N o -- ��� II/16ff3 --7SiGNEO AM PAD NO.23-175-400 SETS NO.23-376-200 SETS J - _ JCAT'�/i e ITiNE -- - - - 3Y.VZ NL UP - - -1 AMPAD NO.23-176-400 SETS NO.23-376--200 SETS l�C'�aro5 ►2`�t r z` = E �� �� 4-; x7 ' 5 x 4 zz =6`Ix-41 �- 32lx?l` If P-eA� 3, r PO fa-q. oet -33 ¢,r 1 3 ` 17 I4-1 33 / 7 3� I TOWN OF NORTH ANDOVEk,i:iASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET,01845 ,►ORTM James P. Gordon c O? TELEPHONE 682-6483 Town Manager f p t » MEMORANDUM TO: Board of Selectmen FROM: James P. Gordon, Town Manager DATE: March 6, 1995 RE: Furniture Barn 1 Previously, I distributed to you a letter dated February 7, 1995, from Mr. Matthew Yakovakis, President, Andover Interiors/Furniture Barn, wherein he expressed his concern over the parking problem created by Bertuccis and the impact that it is having on his business operations. Karen Robertson and Robert Nicetta have compiled the enclosed information concerning the issuance of permits/licenses for Bertuccis, .which I recommend you familiarize yourself with so that this matter can be discussed with the Board. I believe it would be appropriate for the Board to meet in a Work Session with the Planning Department and Robert Nicetta. I will arrange such a meeting for sometime later this month. CC: Robert Nicetta, Building Inspector Kathleen Bradley-Colwell, Town Planner Enclosu u JG:map ut�Y� �AN� l l 14w1 313 ` 9s JG:map ,u��� ZSR uc TOWN OF NORTH ANDOVER; MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 MORTN James P. Gordon e? _ 0� TELEPHONE 682.6483 Town Manager ,SJACHUSEt MEMO TO: '/Robert Nicetta, Building Inspector Kathleen Bradley Colwell George Perna FROM: Karen Robertson, Administrative Assistant DATE: February 6, 1995 RE: Furniture Barn - Parking Issue Enclosed please find a letter from Matthew Yakovakis, President/Owner, Furniture Barn, 491 Andover Street, regarding parking issues. The Town Manager would appreciate it if you would review the enclosed letter and provide him with your input. This matter will be scheduled to go before the next Board of Selectmen meeting. Thank you. /kar FEB 9 «- THE FURNITURE BARN An Authorized Ethan Allen Retailer 419 Andover Street North Andover,Massachusetts 01845 508 685.3546 Fax 508 688.4353 l February 7, 1995u 1��5 ETHAN ALLEN® Office of the Selectmen HOME I NTERIORS Town of North Andover 120 Main Street. North Andover,MA 01845 Dear Sirs: I am the owner of the Furniture Barn Ethan Allen Gallery in North Andover, and I am writing to you in regards to the insufferable parking situation which persists as a result of opening of Bertucci's Restaurant. I am certain a very thick file exists documenting our complaints, and I am certain everyone in the town offices is aware of the problem. We have tried to work with Bertucci's to resolve the problems, and to come up with a workable solution. I am convinced at this time that no workable solution exists . We have tried relying on security guards to protect our parking spaces, but for the most part this has become a game of"cat and mouse". Bertucci's customers simply wait until the security guard is out of sight, then they park and run. I have personally seen this from inside our store. In addition, those customers who are successfully prevented from parking in our spaces develop anger against us, the Furniture Barn and Walls & All. These are people who may have been or may become our customers. When they are treated this way they may very well choose not to do business with us in the future. This is a real problem. All in all, because of this situation, our business is being damaged! I have a very large investment in my business, and I can no longer tolerate this situation. I have done absolutely nothing to precipitate this situation, and I positively will not tolerate it any longer. I hold the Town of North Andover totally responsible for creating this situation, and I demand that the Town of North Andover"fix the problem". I want my parking area safe from encroachment from Bertucci's. I want it to be available exclusively for the customers of the Furniture Barn and Walls &All. I have received a 110 page file from the Town of North Andover, representing all of the official minutes and correspondence related to the approval process for granting Bertucci's a license and permit to operate. If I am forced to pursue this FFB 9 in court, which I am prepared to do, there is ample evidence to show error or negligence on the part of the Town of North Andover. To wit: 1. The regulations concerning this matter require one parking space per every two restaurant seats. (Town of North Andover Regulations; Section 8.1, Category; restaurants) 2. Throughout the approval process there was ample concern expressed by various members of the town government regarding sufficient parking. Mr. William V. Dolan in a letter dated October 28, 1991 expressed his concern and acknowledged that a previous parking agreement between the Furniture Barn and Thompson's Restaurant had been rescinded"prior to the sale of the Thompson's property to Bertucci's. This letter was addressed to Karen Nelson,Director of Planning and Community Development. 3. On June 9, 1989 the parking agreement that had been in effect between the Furniture Barn and Thompson's Restaurant was terminated as per section 5 of the original agreement. This notice of termination was signed by Mr. Walter Kimball, Manager of The Furniture Barn, and by Mr. Stuart Thompson. A copy of this letter of termination was sent to the North Andover Town Hall on June 9, 1989. 4. At the November 19, 1990 Selectmens' meeting building inspector Robert Nicetta expressed concerns and required the following: a. Seating between 172-174 b. Seating plan must be stamped and signed by a professional engineer/architect In those same minutes it states that parking was approved for 100 spaces. No reference is made, however to the basis of that approval. 5. In a letter dated April 12, 1990 from Willis & Willis,Attorneys at Law, to Mr. Robert Nicetta,building inspector, it is stated that ....as of the present date the parking lease arrangement(between The Furniture Barn and Thompson's Restaurant)is still in full force and effect between the two parties. Who is fooling who here. Mr. Stuart Thompson knew full well prior to the sale of his property that the parking agreement had been terminated, and the Town of North Andover had a copy of the termination notice. Is this an oversight, misrepresentation, or fraudulence? Should the Town of North Andover have verified the existence of such a parking agreement before issuing an occupancy permit? Does the fact that this was not verified constitute negligence? Whatever the case, the net result is that severe damage has been caused to the Furniture Barn and Walls&All, and someone is responsible. 6. On August 29, 1983 the North Andover Board of Appeals met to consider approval of Mr. Stuart Thompson's request for a variance in connection with his plans for expanding Thompson's Restaurant. At that time his application requested that his plan be approved on the basis of 62 parking spaces.. At that time the regulations required one parking space per every three restaurant seats, and even at that he was 26 parking spaces short of those required be the regulations in force then. This application was included in the file relating to the Bertucci's application, although I must admit I don't see why. However, if Mr. Thompson didn't have enough parking with a one to three ratio of parking to seats, then surely it should have been evident that with a one to two ratio the parking deficiency would be even greater. 7. During the summer of 1994, as everyone knows, the Furniture Barn made extensive renovations to it exterior. Mr. Nicetta was very diligent to say the least in requiring us to obtain all the necessary plans, signatures, approvals etc., prior to issuing a building permit. One absolutely offensive'requirement imposed upon us was to make up for 4-5 parking spaces which would be lost because of a new set of steps at the new front entrance. We had no problem making up those parking spaces. However, in imposing this requirement,Mr. Nicetta reproached us by saying that this issue was necessary because of the "serious parking conditions that already exist at the location." He also stated that he wanted to be "assured that there will be no further complaints to the Town because of the loss of these 4-5 parking spaces". Needless to say this absolutely incensed me in principle. We have adequate parking and were not concerned about losing 4-5 spaces in the front. We are concerned about losing 30-40 of our parking spaces every day because of the serious parking conditions created by the Town of North Andover, and we are sorry that our complaints inconvenience anyone at the Town Offices. It is clear from the records that the intolerable parking situation and its resulting damage to the business of the Furniture Barn and Walls& All was created due to the negligence of the Town of North Andover in verifying that adequate parking existed prior to the approval of the Bertucci"s application. In view of this I strongly request that the Town of North Andover take the following measures to make things right again: 1. Enforce strictly the existing parking regulation requirements as pertain to Bertucci's Restaurant. I believe Bertucci's owns 67 parking spaces. At two seats per parking space their seating capacity should be immediately reduced to 134. These 67 parking spaces owned by Bertucci's must also be used to accommodate the numerous employees at the restaurant, who currently are either occupying spaces on Bertucci's property or are parking in Furniture Barn spaces. If Bertucci's employees are to continue to park on their own premises, then those 67 spaces should be decreased accordingly, and the restaurant seating capacity should be recomputed from the resulting number of parking spaces remaining on Bertucci's property. For example, if 15 employees take up 15 of Bertucci's parking spaces leaving only 52 spaces available for their customers, then their seating capacity should be limited to 104. 2. By whatever means necessary guarantee the Furniture Barn that all of its parking spaces will be protected and that its customers will not be accosted or offended in the process. 3. Pursue a legal remedy to amend the deed of Thompson's Restaurant from George F. Thompson, dated January 2, 1948 and recorded with the Essex County North Registry of Deeds at Book 706,Page 553, to allow a suitable barrier to be erected at the common property line to prevent the problem from recurring. 4. Monitor on a regular basis to be certain Bertucci"s is in full compliance with all regulations at all times. This refers specifically to seating capacity as relates to parking capacity, and includes honoring our insistence that they do not use our parking. 5. Withdraw Bertucci's operating and liquor license until our requests are met in full. 6. Support the Furniture Barn in all is efforts to repair the damage already done to its business(includes Walls &All). 7. Pay for any and all expenses associated with any of the above requests. 8. Complete all requests by July 1, 1995 I will be happy to discuss this situation further in person,but please understand I will not tolerate any longer a continuation of the current parking fiasco. I may be reached through Mr. Walter Kimball, manager, at the Furniture Barn(685-3546), or at my home at(603) 673-1781. TSincer4C Ya akisowner Andover Interiors/Furniture Barn FFR 9 I g y y /91 L�� L - TELEPHONE(508) 685-35416 An Ethan Allen Gallery THE FURNITURE BARN JUNCTION ROUTES 125 AND 114 NORTH ANDOVER, MASSACHUSETTS 01845 July 5 , 1994 .o.r. i:o:)ert Nicetta o:-n o f :To. "Indover i-i.in Street ivo , Candover, iii; O1£345 Richard e_l. Johnson is au-Cl-.orized on0elaalf of 1•iattzeT...7 "a':ova;is and Lndove� .i�terlors , Inc. to sign tale perI:liL Ir .':ait=?ei'7 �Tali�Vcyitila P res i dent , r1 t r THE i JRNITURE BARN ' J An Authorized Ethan Allen Retailer 419 Andover Street y North Andover,Massachusetts 01845 508 685.3546 Fax 508 688.4353 ETHAN ALLEN® HOME I NTERIORS June 23, 1994 Mr. Robert Nicetta Building Inspector Town Of North Andover 120 Main Street North Andover, Massachusetts 01845 Dear Mr. Nicetta: In reply to your letter of June 17, 1994. The new parking plan was submitted to you along with my letter of June 20, 1994 . You mentioned that we will lose four ( 4 ) to five ( 5 ) parking spaces due to our renovations . In the new parking plan that I submitted for your review you will note that we have added seven ( 7) new parking spaces and may in fact add more than seven when the new line painting is done. You can be assured that these will be no further complaints to the Town because of the loss of these 4-5 spaces, especially in view of the fact that we will have a minimum net gain of two ( 2 ) or three ( 3 ) parking spaces. I hope that I have answered all of your concerns. Sincerely, Walter M. Kimball II Copy: 1 . Matthew Yakovakis 2. K. Nelson, Dir. PCD 'J THE'rURNITURE BARN ` An Authorized Ethan Allen Retailer : r 419 Andover Street North Andover,Massachusetts 01845 508 685.3546 Fax 508 688.4353 ETHAN ALLEN® HOME I NTERIORS June 20 , 1994 Mr. Robert Nicetta Building Inspector Town Of North Andover Main Street North Andover, Massachusetts 01845 Dear Mr. Nicetta: Per our conversation of June 16, 1994 I have attached a parking plan showing the addition of seven ( 7 ) parking spaces. You mentioned that I would be receiving a letter from you, which I have not received yet, however in view of the fact that we are very anxious to get started with -our new store front I thought I would try to answer your concerns. You stated that you thought we could loose up to aprox. six ( 6 ) parking spaces. After reviewing the parking plan I find that it is possible that we could loose aprox. four ( 4 ) spaces. I have highlighted the seven ( 7) new spaces in yellow. If this meets with your approval I will have the line painter come in and put these lines on the hot top. I hope that I have answered all your concerns . Please advise as soon as possible. Sincerely, Walter M. Kimball II Manager . a• it ADb�T �o �.i�.� .S P AeE� 9ND�)VCR STi�L`Cl I,P 207.49 le7.$)' au (�T� � � I I, i ; 1. �•.� �;- . 1 )'* WA 35M N O I ev J��•. rr• COPY ail the article. fof 4' f• % ,it your name and address on a � rticle by means of the gummed t, ,NELSONS Town of 120 Main Street, 01845 if article RETURN RECEIP NORTH ANDOVER .�� (508) 682-6483 " :':°: ALDING lorized agent of the 21ONSERVATION Q"� DMSION OF HEALTH on the front PLANN NG PLANNING & COMMUNITY DEVELOPMENT of Form 31 June 17, 1994 Mr. Walter Kimball Furniture Barn Andover Street North Andover, MA Dear Mr. Kimball: I have reviewed your drawings and made a visit to the site of your proposed alteration/renovation at the Furniture Barn. This visit revealed that you will lose a minimum of 4-5 parking spaces. Kindly advise, in writing, any measures you have taken to relocate the lost parking spaces. This request is necessary, due to the serious parking conditions that already exist at the location. Also, I want to be assured that there will be nc further complaints to the Town because of the loss of these 4-5 spaces. Yours truly, ��-v.� vl,�--ems •� D. Robert Nicetta, Building Inspector c/K. Nelson, Dir. PCD DRN:gb L V V T . t � N1 THE`FURNITURE BARN An Authorized Ethan Allen Retailer 419 Andover Street North Andover,Massachusetts 01845 508 685.3546 Fax 508 688.4353 June 6, 1994 ez Mr. Robert Nicetta Building Inspector ETHAN Town Of North Andover Main Street ALLEN North Andover, Massachusetts 01845 Dear Mr. Nicetta: HOME I NTERIORS We are providing you with two original, stamped, drawings for your review, and with copies of Massachusetts Contractors License #47752 which is held by Richard Johnson. In your review you will see that note #2 on drawing number one refers to additional work items not yet designed. The work scope for these items is: 1 . Plumbing. There is none scheduled in the renovation. 2. Sprinklers. Our contractor, Bride & Grimes has meet with Lt. Long and it was agreed that we will extend the existing system into the new 16 ' x 17 ' addition and we will add sprinklers in the concealed area between the existing roof and the new roof. The wall section on page eight shows this space. 3. HVAC. There is no new additional work scheduled. The 16 ' x 17 ' addition will be heated by a relocated radiator. The air conditioning will be provided by a relocated wall unit. 4 . Electrical. The scope of work is limited to the following: A. Adding six exterior gooseneck style fixtures under the new awnings . B. Adding one exterior wall mounted fixture at the paint store roof. This will illuminate the handicap ramp area. C. Adding three new recessed canister lights under the canopy at the ramp area and at the new entrance door. D. New outlets and related switching in the 16 ' x 17 ' addition. All work will be performed per code and by Massachusetts licensed tradesmen who will file for the permits. Thank you for your cooperation. Sincerely, __- Walter M. Kimball II Manager WILLIS and WILLIS ATTORNEYS-AT-LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN J. WILLIS TELEPHONE 685-3551 JOHN J. WILLIS, JR. April 12, 1990 Mr. Robert Nicetta North Andover Building Inspector Town Hall Main Street North Andover, MA 01845 Re: - Thompson's Restaurant, Inc. Property at: 435 Andover Street, North Andover, MA Renovations Dear Mr. Nicetta: Please be advised that Thompson's Restaurant, Inc. , is currently operating its property as a restaurant with parking provisions having been met under Variance granted to it on August 29,1983, a copy of which Notice of Decision from the North Andover Board of Appeals you will find enclosed. As you will note, the decision of the Board require that a Parking Plan would be implemented upon the termination of a Written Lease with Andover Interiors, Inc. and the raising of a garage shown on the Plans which were filed with the Board of Appeals. A copy of the Parking Lease arrangement was addended to the decision. As of the present date, the Parking Lease Agreement is still fully in force and effect between the two parties, and so the Parking Plan, which was shown at that time, does not need to be implemented at this time for the property to continue its operation. There is at the present time, proposed renovations to be performed on the property which will cosmetically rearrange the interior of the restaurant portion of the building so as to accomodate a slightly different seating arrangement and change the decor to one more in keeping with a Chinese restaurant. In that connection, you will find with this letter, copies of the proposed plans showing the renovations to be under taken- The seating arrangement after the renovations will not create any additional seating capacity. This being the case, and there being no change in use or volume of use, the original Board of Appeals Decision would still be applicable to the proposed renovations. I would hope that x as v,�,2E 1 �1 TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET,01845 ,koRTq O',,,Go ,o'.yo James P. Gordon e? O0 TELEPHONE 682-6483 Town Manager } 9 e 34 HU December 13, 1994 Mr. Matthew Yakovakis, President Furniture Barn Junction - Routes 125 & 114 North Andover, MA 01845 Dear Mr. Yakovakis: I am in receipt of your letter of December 9, 1994, wherein you requested certain records in connection with permit applications, etc. filed with the Town of North Andover by Stuart Thompson and Bertucci's. I have asked my Administrative Assistant and the Building Inspector gather the information you are seeking, and I will contact you when those records are available. I expect that it will take a week or two to comply with your request. In the meantime, if you have any questions, please give me a call. Sincerely, rja�es P. Gordon, Town Manager CC: Board of Selectmen kobert Nicetta, Building Inspector Karen Robertson, Administrative Assistant JG:map DEC 1 41994 TELEPHONE(508) 685-3546 An Ethan Allen Gallery THE FURNITURE BARN JUNCTION ROUTES 125 AND 114 NORTH ANDOVER, MASSACHUSETTS 01845 December 91 1594 fames P. Gordon Town Manager Town Hall 120 Main Street No. Andoverl MA 01245 Dear 1dr. Gordon: As you are aware, we continue to have an intolerable problem with the Bertucci 's parking problem. Bertucci 's customers are continually using our parking spaces , thereby damaging our business as well as that of our tenant Walls n All. The point has arrived when action must be taken to resolve this issue. In this regard, please send to me the following information, which I belive is public information: 1. Original permit application by -- Stuart Thompson --BertucciIs 2. Copy. of North Andover zoning rules and regulations. 3. Copy of the minutes of all meetings both public and private, pertaining to the approval process of the original permit application by Thompson/Bertucci. 4. Copies of all certified "notices to abuttors" , with copies of signed certified mail receipt cards. 5. Copy of lease agreement between Bertucci 's and Stuart Thompson et al. 6. Copy of the approval letter to Thompson/ Bertucci 's (for the original permit application) showing any conditions , and basis for approval. C� -2- 7. All other correspondence and documents related to this issue. Thank you very much. Very truly yours , Matthew Yakovakis President /00 ti OFFICES OF: d��' g�. Town Of 120 Mein Street s BUILDING NORTH ANDOVER Nc�nl�nrulove�. . CONSERVATION . ;, �:::,;:f Massachusetts O 1845 HEALTH °O ""° DIVISION OF (508)682.6483 PLANNING' ., PLANNING & COMMUNITY DEVELOPMENT ?� KAREN H.P. NELSON, DIREC"I OR October 31, 1990 Mr. Joseph Crugnale Bertucci 's Restaurant 60 Cummings Park Woburn, MA 01801 i . j .. Dear Mr. Crugnale, I have met with representatives of the Technical Review Committee with regard to your proposal to renovate the existing Thompson ' s restaurant. The departments of Public Works, Health, Fire and Building each require more detailed plans than you have presented at this time. Please contact each department individually to get more information on their specific requirements. Please feel free to contact me with questions or concerns. sincerely, Christian C. Huntress Town Planner. cc: Technical Review Committee Karen H.P. Nelson, Director DPCD. lt•T APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. f /�; PAG r: i P 4-40. LOT NO. 2 RECORD OF OWNERSHIP DATE BOOK PAGE N NE I SUB DIV. LOT NO. F I — LOCATION LAI 1y ov v• PURPOSE OF BUILDING I y`rS-TxuCccpj OWNER'S NAME .s rU �A ��� NO. OF STORIES I t ���1-0-k OWNER'S ADDRESS A BASEMENT OR SLAB I��C.�.y�4477. 4 � -' ARCHITECT'S NAME 1\II,G/)!_T' "r�7'� C� c J,P` SIZE OF FLOOR TIMBERS IST✓r,�IL 2ND - 3RD I_ BUILDER'S NAME 1J1+ lJ7�a ��\+f W SPAN x1',, v(./RIES �T4 DISTANCE TO NEAREST BUILDING DIMENSIONS OF SILLS F V 4e-ld, I I yh S DISTANCE FROM STREET IV'�O�IX�>5 POSTS Fl G��� �► �..,, DISTANCE FROM LOT LINES - SIDES�(�� �'(�O REEA,R7+++ •' GIRDERS t. ' AREA OF LOT 35 -7OO ` / FRONTAGE � HEIGHT OF FOUNDATION THICKNESS LUILDING NEW t NO SIZE OF FOOTING x IS BUILDING ADDITION MATERIAL OF CHIMNEY�v�Vv . 4A C` �ILDING ALTERATION j T IS BUILDING ON SOLID OR FILLED LAND 1'�i�rU1LDING CONFORM TO REQUIREMENTS OF CODE �S IS BUILDING CONNECTED TO TOWN WATER OF APPEALS ACTION. IF ANY I IS BUILDING CONNECTED TO TOWN SEWER IS BUILDING CONNECTED TO NATURAL GAS LINE 3 PROPERTY INFORMATION INSTRUCTIONS LAND COST )TH SIDES EST. BLDG. COS so*'o, 1 FILL OUT SECTIONS 1 - 3 EST. BLDG. COST PER SQ. FT. EST. BLDG. COST PER ROOM i! FILL OUT SECTIONS 1 - 12 - SEPTIC PERMIT NO. (RIC METEPS MUST BE ON OUTSIDE OF BUILDING 4 APPROVED BY t+ CHED GARAGES MUST CONFOR A TO STATE FIRE REGULATIONS I MUST BE FILED AND APPROVED BY BUILDING INSPECTOR s FILEIP ZIA BOARD OF HEALTH n ILTURE OF OWNER OR AUTHORIZED AGENT I v 1 fl't7 1 � N PLANNING BOARD IIT GRANTED H ' / 19 !TO BOARD OF SELECTMEN 44- Cite)BLDG. PERMIT FEE T' �croOWNER TEL.q 3 '-233LESS FDA EEE CONTR.TE � CONTR.LIC.q `{��-� DUE FRAME PERMIT SUMMING INSPECTOR a 'i)Lce �t �,6 �� �GIto R Ca�u.bu,LA, ��0)ci z_zs-z4( ) E -+ TOWN AND COUNTRY DINING ii j 1 435 ANDOVER STREET P.O. BOX 155 NORTH ANDOVER, MA 01845 wt.. TEL. (508) 686-4309 April 12 , 1991 Mr. Robert Nicetta North Andover Building Department Main Street North Andover, MA 01845 Dear Mr. Nicetta: This letter certifies that Joseph Tripodi of Bertucci ' s Inc . , and or Arthur Belmonte of Metric Construction has my permission to apply for a building permit for construction, renovation and demolition at Thompson' s Restaurant Inc. 435 Andover Street, North Andover , Massachusetts . The above permit shall be for the make over of Thompson' s Restaurant to a Bertucci ' s Restaurant. Very truly yours , i c � Stuart Thompson President ST/cmc CC: Joseph Tripodi Arthur Belmonte TC . fie/ TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN HORTN oF' .o 1tic TELEPHONE 682-6483 i % t' • 1 �9SSNCHUSOt November 29, 1993 Mr. Vin Amato Bertucci' s Maintenance Manager 14 Audubon Road Wakefield, MA 01880 Dear Mr. Amato: The question of parking at Bertucci's in North Andover was discussed at our Board of Selectmen's meeting of November 22, 1993. We were pleased to hear that Bertucci's is working actively on a resolution of this problem which will be acceptable to you and to the other businesses adjacent to the restaurant. As you may know, the Building Inspector had recommended that unless this issue is resolved that the Town not renew Bertucci's Common Victualler's and Liquor licenses. In view of the fact that Walter Kimball of the Furniture Barn has assured us that a written agreement is imminent, the Board decided to take no action at this time. It applauds and encourages your efforts to deal with this issue in a manner satisfactory to all parties. Sincerely, Martha Larson, Chairman North Andover Board of Selectmen CC: Robert Nicetta, Building Inspector Kathleen Bradley Colwell, Town Planner Joseph Crugnale, President ML .iptrtw:zi�zwas}�yrw�tu:t�sxa.��uar:�teG�tyi3,a,�a+�s�iw'.�`?F�j'`v-���^�l`'�S�t`'�•`•ti87�v�aJ:�i�sw 3 '�7��ar, L?`yb,�:t:+.,w2yrrr'�`�a1t�aw THE FURNITURE BARN An AvVoized Ethan Alyn Rete ler 419 Andover Street North Andover,Massachusetts 01845 508 685.3546 Fax 508 688 x:353 ETHAN ALLEN, HOM E I N T E R 1 0 R S November 22, • 1993 Mr. Robert Nicetta Building Inspector Town Of North Andover Main Street North Andover, Massachusetts 01845 Dean Mr. Nicetta: A representative from Bertucci ' s was in to see me on Thursday November 18, 1993 . As a solution to the parking problem, they have agreed to provide a parking lot security man on Monday through Friday during the lunch hour. We currently have a security man for Friday evenings . The purpose of this security person would be to keep The Furniture Barn parking spaces available for our customers during our normal hours of operation. He also stated that a security man could be added at additional times as business required. They are going to provide a written agreement that both The Furniture Barn and Bertucci ' s can sign. I will let you know when that agreement for the parking security person has been received and signed by both parties . This appears to be an agreeable solution to the parking problem. Sincerely, Walter M. Kimball Manager KAREN H.P.NELSONTown of 120 Main Street 01845 Director BUILDING NORTH ANDOVER (508) 682-6483 CONSERVATION @�O1"je�, DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT November 17 , 1993 Mr. Joseph Crugnale , President Bertucci ' s 14 Audubon Road Wakefield, MA 01880 Dear Mr. Crugnale: I would like to advise you that the Licensing Commission will be discussing your parking problem with the Zoning Enforcement Officer and myself on Monday evening, November 22, 1993 in the Senior Center behind Town Hall. The meeting of the Commission begins at 7 : 30 p.m. I encourage you to attend this meeting in an effort to resolve the outstanding parking problem at Bertucci Restaurant in North Andover. If you have any questions pertaining to this matter, please do not hesitate to give me a call at my office . Sincerely ,',� aren H. P . Nelson Director of Planning & Community Development c D . Robert Nicetta, Zoning Enforcement KAREN H.P.NELSON Town of 120 Main Street, 01845 D"eC`°' NORTH ANDOVER (508) 682-6483 BUILDINGee, � CONSERVATION DrvrsroN OF PLANNING PLANNING & COMMUNITY DEVELOPMENT MEMORANDUM TO: censing Commissioners FROM obert Nicetta, Zoning Enforcement Officer DATE: November 16, 1993 RE: Bertucci Restaurant Corp. D/B/A Bertucci's Brick Oven Pizzeria 435 Andover Street North Andover The Building Inspector/Zoning Enforcement Officer has been working with the management and principal (s) of Bertucci in an effort to solve the parking problem with the Furniture Barn. Attached is corespondence dated September 22 and October 13 , 1993 which was Hand Delivered to the principal (s) of Bertucci. In both instances, Bertucci has failed to meet the two (2) week deadline in which to supply an acceptable solution to relieve the problem that exists at the site. Advance notice is hereby given that if the problem is not rectified within the next two (2) weeks, the Zoning Enforcement Officer will recommend that the Common Victualler' s and Liquor License for 1994 not be renewed. I will be available to answer any questions at your meeting of November 22 , 1993 . DRN:gb c/James P. Gordon, Town Mgr. Karen Nelson, Dir. PCD Joseph Crugnale, Bertucci ' s I: Town of 120 Main Street. 0184 ARE\ H.P. :�ELSO� o Director n NORTH ANDOVER (jos) 682-6483 BUILDING . CON SEM ATI0N 'Ss.c"�5" DIVISION OF HEALTH L ANNI PL.�N\I\G PLANNING & COMMUNITY DEVELOPMENT October 13 , 1993 Mr. Joseph Crugnale, President BerticciIs 14 Audubon Road Wakefield, MA 01880 Dear Mr. Crugnale: The Town is in receipt of correspondence dated September 22 , 1993 in which Mr. Vin Amato states that an agreement has been reached with Mr. Walter Kimball of the Furniture Barn ("Barn") . Mr. Amato also enclosed the letter he sent to Mr. Kimball proposing a "solution" to resolve the parking problem with the "Barn" . Apparently, the "solution" has failed. Mr. Kimball has stated in the enclosed complaint that no one ("employee" ) was directing parking today which was one of "Bertucci ' s" busier than expected days . In your September 22 , 1993 letter, this service was to have been provided. THE PROBLEM MUST BE ADDRESSED BY "BERTUCCI" . Within two (2) weeks of receipt, "Bertucci" , in writing, will supply an acceptable solution to relieve the parking problem to the Town of North Andover and the "Barn" . Please be sure that the Town will accept the proposal prior to entering into an agreement with the "Barn" . After approval by the Town and the "Barn" , a legal document must be signed by Bertucci and the "Barn" ; then recorded in the Registry of Deeds. A DEFINITE SOLUTION MUST BE ACCOMPLISHED WITHIN THE TWO (2) WEEK TIME FRAME. If not, the Town will enforce any and all of /8 page - 2 - October 14 , 1993 the conditions stated in our letter of September 22 , 1993 , (copy enclosed) . Thank you for your cooperation. Very truly yours, D. Robert Nicetta, Building Inspector/Zoning Enforcement Officer c/J. Gordon, Town Manager K. Nelson; Director, PCD Enclosures Delivered in Hand THE ,(NITURE BARN " An AutnOnxed sewn AY.n weeder 419 Andover Street North Andover;MESSAChU5@tt5 0',845 508 685.3546 Fax 508 688 4353 ETHAN ALLEN IR N O M E I N T E R I Q R S October 13, 1993 Mr. Robert Nicette Building Inspector Town Of North Andover Main Street North Andover, Massachusetts 01845 Dear Mr. Nicetta: I am referring to the letter from Bertucci ' s dated September 22, 1993 in which they state "Bertucci ' s will, of course, continue to valet park employee vehicles on busy days and will provide an employee to direct parking on busier than expected days." Today was certainly one of those busier than expected days , but we had no employee out directing any parking. Our parking lot was very full and no spaces were available until the lunch crowd started to clear out. I think what happens is when they get busy, they do not have an available employee to send out to control parking. Please advise what you feel our next step would be. Thank you for your assistance. Sincerely , Waiter M. Kimball II Manager YS 14 Audubon Road Wakefield, MA Oi880 1 (617) 246-6700 CBRICK OVEN PIZZERIA FAX: (617) 246-2224 September 27, 1993 Mr. D. Robert Nicetta Building Inspector Town Hall 120 Main Street N. Andover, MA 01845 Dear Bob, I met with Mr. Walter Kimball of the Furniture Barn on Friday, September 24, 1993 to review our proposal (enclosed) for alleviating the parking problem in N. Andover. Walter was very happy with the proposal and the fact that we had already hired a security company for that afternoon. I stressed to him that he could contact me at any time in the future if he feels additional measures need to be taken. I believe this should be the end to this problem. Thank you, Vin Amato Maintenance Manager C.C. Ms. Kathleen C. Bradley Town Planner Joey Crugnale President 2/; UCCCIpFS �� 14 Audubon RoadBERTWakefield, MA 01880 (617) 246-6700 BRICK OVEN PIZZERIA FAX: (617) 246-2224 September 22, 1993 Walter Kimball Furniture Barn 419 Andover Street N. Andover, MA 01845 Dear Walter, This letter is in reference to our phone conversation on September 22, 1993 in regards to alleviating the problem of our patrons filling up your parking spaces. I am proposing that we provide a security patrol in our parking area on Friday's between the hours of 11:00 a.m. and 2:00 p.m. and between 5:00 p.m. and 9:00 p.m. In addition, we will employ a security patrol when needed to accommodate large numbers of guests who have made reservations and may cause our area to fill. Bertucci's will, of course, continue to valet park employee vehicles on busy days and will provide an employee to direct parking on busier than expected days. I believe this solution will resolve the parking problem and I hope. you will contact me if you have any concerns in the future. Th you, Vin Amato Maintenance Manager c.c. Ms. Kathleen C. Bradley Town Planner D. Robert Nicetta Building Inspector Joey Crugnale President 22 K KAREN H.P.NELSON Town of ` - 120 Main Street, 01845 Di'ec`°r ?� NORTH ANDOVER (508) 682-6483 BUILDING °B,a a4c '4`� M,°6 DIVISION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT September 22 , 1993 Mr. Joseph Tripodi Bertucci ' s 14 Audubon Road Wakefield, MA 01880 Dear Mr. Tripodi: The Furniture Barn has filed still another complaint against "Bertucci" for insufficient parking. The complaint, in strong terms states that your customer parking is filling all available parking on the Furniture Barn and Walls-n-All property and is detrimental to their business. "Bertucci" has been notified of the complaint(s) since November of 1991. Mrs. Karen Nelson, Director of Planning and Community Development and I met with you on March 15 , 1993 , at which time you agreed to reach an amicable solution with Mr. Kimball of the Furniture Barn. It is apparent that this either has not been accomplished or the issue has been placed on the "back burner" hoping it would just disappear. Mr. Kimball ' s letter of August 26, 1993 (copy attached) will not let it disappear and the problem must be addressed by "Bertucci" . The following action will be performed by "Bertucci" : 1. Within two (2) weeks of receipt, "Bertucci" , in writing, will supply the Town of North Andover and the Furniture Barn an acceptable solution to relieve the parking problem. 2 . Remove front planting area and walks in order to provide the parking as shown on "Bertucci" site plan dated 26 Nov. 1990. 3 . If necessary, provide off site parking for employees with shuttle service. . 23 page - 2- September 17 , 1993 The following option(s) may be taken by the Town of North Andover if the parking problem is not resolved within the required time frame• 1. Request Board of Selectmen to revoke A. Common Victualler' s License B. Liquor License 2 . Revoke Certificate of Occupancy 3 . Reduce occupancy load to conform to available on site parking. 4 . Revert to the original ZBA Parking Decision of August 29 , 1983 . The Town sincerely desires a solution by "Bertucci" in order to avoid taking the above action. Mrs. Karen Nelson and I will assist you in any way possible. Thank you for your cooperation. Very truly yours, D. Robert Nicetta, Building Inspector DRN:gb Enclosure c/J. Gordon, Town Manager K. Nelson, Dir. PCD Delivered in Hand 2�f KAREN H.P. NELSON ��` Town of " 120 Main Street, 01845 YeCt°r NORTH ANDOVER c508> 682-6483 BUILDINGs CONSERVATION @'�"°g` DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT September 3 , 1993 Mr. Walter M. Kimball II Manager The Furniture Barn 419 Andover Street North Andover, MA 01845 Re: Response to August 26 letter Dear Mr. Kimball, I am writing in response to your letter dated August 26, 1993 . I forwarded your letter to Bob Nicetta, Building Inspector and he has spoken with the Town Manager regarding your problem. Mr. Nicetta and Ms. Karen Nelson, Director of Planning and Community Development will be meeting with representatives of Bertuccis next week. They will discuss the parking issues and the number of required parking spaces. Attached is a copy of the parking requirements of the Zoning Bylaw. Bertuccis did not go through the Site Plan Review process so there is no decision available. I will be out of the office for the next few weeks, but Karen Nelson will be in touch with you with the results of their meeting. If you have any further questions please do not hesitate to call at 682-6483 ext. 24 . since Kathleen E. Badley Town Planner cc. K. Nelson, Dir PCD B. Nicetta, Build. Ins. 25� 1 SECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking 1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase it floor area and/or design capacity, there shall be provided on the same lot with such building or on a lot contiguous thereto (or within 100 feet thereof) in the same ow as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: 2 . Where a use is not indicated prior to construction or issuance of building permit, the number of parking spaces provided shall be the maximum required. Use Minimum Spaces Required One or two family residence 2 spaces per dwelling unit. Multi family residence 2 spaces per dwelling unit. 1 space per dwelling unit for a unit designed and occupied by the elderly as defined under government assisted programs . Congregate Housing 0 . 75 per dwelling unit (29/ 137) All other places with 1 space per sleeping room accommodations including for single or double (but not limited to) occupancy, 1 per 2 for rooming houses, hotels , rooms exceeding double motels, hospitals, nursing beds for rooms exceeding homes. double occupancy. Auditoriums , theaters , 1 space per 4 persons athletic fields, funeral based on the design parlors, day care centers capacity of the facility. and other places of assembly . Restaurants, sit down 1 per 2 seats or 15 per restaurants, drive through 1000 GFA. (Whichever is or fast food. greater applies) 8. 1 Lam/ � � f1 Retail store and service 6 per 1000 square feet establishments. GFA except 5 per 1000 square feet GFA in Business 1 and 2 General Business . I . Offices 1 space per 300 square feet of GFA. Medical Offices and 3 Spaces per 1000 square Research facilities feet GFA plus one space per employee. Warehousing, Wholesaling, 1 space per 500 square distributing feet GFA. Manufacturing, assembly, 1 space per 2 employees fabrication, etc. in the minimum working Ishift or 1 space per 1, 000 GFA whichever is greater. I3 . The required parking for any two (2 ) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a I. common parking facility, cooperatively established and operated. 4 . The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule :could amount to five (5) parking spaces or less or residential uses or structures whose minimum parking would amount to two (2 ) parking spaces or less . 5 . If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accommodate the automobiles of all customers, employees , visitors , occupants , members or clients consistent with the provisions contained in the above schedule. 6 . The Board of Appeals may by variance make exceptions to the provisions of this section and , upon a written request of the owner and after a public hearing, authorize the Building Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exceptions may be limited as to time, use or intensity of use. 8..2 2� f � r1 7 . A parking space shall mean an area of not less than 10 ' x 201 , accessible over unobstructed driveways not less that 25 ' wide. For parking lots which contain ten (10) or more spaces, up to forty percent (40&) of the total number of parking spaces provided may be designed for compact cars with a minimum width of 7 . 5 feet and length of 16 feet. Compact car spaces cannot be provided for grocery stores. 8 . For multi-family dwellings the front yard shall not be used for parking for accessory uses. 9 . In all residential districts the front yard shall not be used for parking for accessory uses . 10. In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc. ) and one (1) boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage ( if any) shall be within closed structures . 11. Loading facilities provided for any use shall be sized, located, arranged, and of sufficient number to allow service by the type of vehicle customarily excepted, for the use while such vehicle is parked completely clear of any public way or sidewalk. 12 . In residence districts garaging of off-street parking of not more than four (4) motor vehicles per dwelling unit may be permitted, of which four (4 ) motor vehicles, not more than two (2) may be commercial vehicles other than passenger sedans and passenger station wagons , but not counting farm trucks nor motor-powered agriculture implements on an agriculturally active farm or orchard on which such vehicles are parked. Commercial vehicles in excess of one ( 1) ton capacity shall be garaged or screened from view of residential uses within three hundred ( 300) feet by either: a. A strip at least four (4) feet wide, densely planted with trees or shrubs which are at least four (4) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years, or b. An opaque wall , barrier, or fence of uniform appearance at least five (5) feet high, but not more than seven (7) feet above finished grade. C. Such screening shall be maintained in good condition at all times , and shall not be permitted to exceed seven feet in height within required side yards . Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within ten (10) feet of a street lot line. 8.3 Garaging or off-street parking of an additional two (2) commercial vehicles may be allowed by Special Permit. When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 13. Village Commercial Dimensional Requirements Parking Objective: To produce parking which is aesthetically pleasing, well screened, accessible and broken into smaller parcels that may directly and adequately service adjacent structures. a. A minimum of 5% landscaping and green space must be provided for all parking areas. This 5% is not intended to include the buffer zones, but shall include all internal landscaped islands in the parking areas. b. No single section of parking may contain more than 25% of the total proposed parking spaces or more than 50 spaces, whichever is less. As a method of division, 6 ' wide parking lot islands shall be installed to provide the proper break between adjacent parking lots. For projects which require less than 50 spaces in total, the Planning Board may allow 50 spaces to be located together if an effective visual buffer is provided. Each landscaped island must be 6 ' in width at the minimum. In locations where the possibility exists to enlarge the entire island or portions thereof, the Planning Board would recommend that such measures be taken. C. In all instances where natural topography lends itself to the screening of these parking areas it shall be left in its natural state. The Planning Board may at their discretion require additional screening at the owners expense. d. Parking lots shall be provided only at the side or to the rear of the buildings . The Planning Board may, at their discretion, allow up to 50 spaces, or 25% of the total parking, whichever is greater, to be located to the front of the structure as long as all other 1 dimensional criteria are adhered to. e. The Planning Board shall have the discretion to allow between 4 - 6 parking spaces per 1, 000 square feet of Gross Floor Area for retail development in the Village Commercial District. l 1\ r - \b— THE FU4,-NF1 BARN An Authorized Ethan Allen Retailer 419 Andover Street �� � North Andover,Massachusetts 01845 508 685.3546 Fax 508 688 4353 �,\ � August 26, 1993 Ms. Kathleen E. Bradley Town Planner Town Of North Andover ETHAN 120 Main Street North Andover, Massachusetts 01845 ALLENO Dear Ms . Bradley: HOME INTERIOR S I am writing in reply to your letter of August 2 , 1993 . You asked that I put my specific concerns in writing. My concerns are the same as I stated in my letters of November 18 , 1991 and March 7 , 1993 . Simply put, our parking spaces should be available for our customers during our business hours . These spaces should be kept available at no cost to us . On Wednesday, August 18 at noon there were no available parking spaces . People were standing in line waiting to get into Bertuccis. We had two customers call that afternoon to complain about the lack of parking at The Furniture Barn. I wonder how many didn' t call? I can not afford to loose even one sale because of lack of parking! Believe me, the problem is not lack of parking at The Furniture Barn. The Furniture Barn and Walls N All have very ample parking for our businesses . Last night, Wednesday August 24 , I went to check the parking at 7 : 20pm. Both The Furniture Barn and Walls N All are closed on Wednesday evenings . Bertussis ' s parking lot was full and there were 44 cars from Bertucci ' s patrons in our parking spaces . I mention this to point out the severity of the problem. As you know, Bertuccis does provide a policeman on Friday evenings . Numerous times I have asked for a policeman at noon time (our second most troublesome time )on Fridays , but they have refused saying it is not cost effective. I feel that in exchange for using our parking five nights a week ( we are open Tuesday & Friday evenings ) they should provide a policeman when ever necessary. If they were truly a responsible neighbor, I would think that they would do what ever necessary to not infringe on our parking. As I get very little cooperation from Bertuccis on this situation, I think I should pursue the code issue. I would like to know from their original permit: 1 . How many parking spaces were listed and how many tables were called for. I would also like to know what the town code is for the number of parking spaces in relation to the number of tables an establishment must have to get a permit. I realize that if anyone is to blame for .this situation it is probable Stuart Thompson. He signed the termination of the parking lot agreement long before he ever talked with Bertuccis about the property. It is my understanding that he let them 0 believe that the parking agreement was still in place. The fact remains that the agreement was terminated and Bertuccis has a parking problem. Just to review my specific concerns and requests: 1 . our parking should be available to us when ever we are open at no cost to The Furniture Barn. 2. Policeman for Friday evenings. 3 . Policeman for Friday noon time. 4 . Policeman when ever Bertuccis is having a large group for a party etc. 5 . Willingness to add a policeman as business dictates. 6 . An alternate plan for parking control on days that suddenly get very busy. 7 . An outline of the original permit granted to Bertuccis. 8 . A copy of the site plan review at the time of the permit . 9 . A copy of the town by-law referring to restraunts. Parking spaces vs. the number of patrons. Any assistance that you can offer in relation to my concerns would be greatly appreciated. Sincerely, Walter M. Kimball II Manager 3/ ,owrl, KAREN H.P.NELSONTown of 120 Main Street, 01845 Director NORTH ANDOVER c508> 682-6483 BUILDING CONSERVATION Q°j°" s` DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT August 2 , 1993 Mr. Walter Kimball The Furniture Barn 419 Andover Street North Andover, MA 01845 Re: Parking Issues Dear Mr. Kimball, After our telephone conversation on July 13 , I met with the Building Inspector to discuss what steps you should take to resolve the parking issues that you have with Bertuccis. Mr. Nicetta suggested that you put you complaints in writing and that you spell out the specific relief that you are seeking. If you feel as though you would be satisfied with a police officer/security guard on Friday afternoons then that is what the Building Inspector will discuss with the owners of Bertuccis. Therefore, I would like to request that you put your specific concerns in wring to the Planning Department and the Building Inspector, as code enforcement officer, will then take the necessary steps to resolve the parking issue. I spoke with Paula Flynn in your office on July 19, but have not heard back from you. If you should have any further questions please feel free to give me a call at 682-6384 ext. 24 . Sincerely, a '&en It. radley , Town Planner � CC. Nelson, Dir. PCD Nicetta, Building Inspector 2. 32 L . et Tie Furniture `r am North Ana-An'd,rdover,er, M NoMA 01845 Phone (508) 685-3546 March 7, 1993 Ms. Kathleen E. Bradley Town Planner `�"y L� Town Of North Andover 120 Main Street North Andover, Massachusetts 01845 Dear Ms . Bradley: I must say, after our meeting in your office in early February, I was quite surprised to receive your follow up letter asking that I direct my concerns about the parking issue to Karen Nelson. I had directed my corcerns to Ms . Nelson in my letter of November 18, 1991 and finally followed up with the meeting with you and Ms . Nelson. During the past several weeks , I have gone up to the parking lot on nights that both The Furniture Barn and Walls N All were closed at approximately 6 :45 . I found that Bertucci ' s parking lot was full and that as a minimum had utilized 18 of the parking spaces in The Furniture Barn parking lot. This past Wednesday evening I went to the parking lot and found Bertucci ' s lot was full and they had utilized 43 parking spaces of The Furniture Barn. Several weeks ago on a Friday, I came back from lunch at 12 : 45 PM . Bertucci ' s lot was full and not a single space was available in The Furniture Barn parking lot for our own customers . Many more than the available spaces had been occupied. Cars were parked where there were no lined spaces to the point that I could not even get through the back entrance to our parking lot never mind able to get emergency equipment into the parking lot. I have related these incidences to you just to point out the severity of the parking problem. Many of the employees from Bertucci ' s park in our parking lot. I have asked the manager of Bertucci ' s to have them park elsewhere on many occasions but this continues to ie a problem. Bertucci ' s had rented parking across Roue 114 however it is no longer used by the employees. They stated that cars were vandalized and they did not like to cross Route 114 to get to work. woo . 1 A�tILDiNG DEPARTMENT - - An Etha»Allen Gallery33, �J ,moi `v We have tried to work with Bertucci ' s by allowing them to use our parking area when we are closed in exchange for a parking lot monitor at given times throughout the day to keep spaces available when The Furniture Barn and Walls N All are open for business . At this point they do provide an off duty police officer on Friday evenings . I have asked the manager to provide an off duty officer at other critical times, but they refused saying that it is too costly. The direct cost is to The Furniture Barn and Walls N All by not having parking available in our lot for the accommodation of our customers . I really question the number of seats that Bertucci ' s has available in relation to the number of parking spaces they have. It seems very unfair that the Town of North Andover would allow any business to open and create a hardship on existing businesses. I am responsible for providing parking for customers of The Furniture Barn and Walls N All and this is impossible to do when Bertucci ' s occupies so many of our parking spaces and the management of Bertucci ' s really doesn' t seem to be concerned. The Furniture Barn has very ample parking for our business, Bertucci ' s does NOT! I would certainly appreciate your assistance in getting this problem resolved. Sincerely, z.., Walter M. Kimball II 1 f Manager cc: Karen Nelson, Director of Planning & Community Development Robert Nicetta, Building Inspector Encl: Copy of my letter to Ms . Nelson, November 18, 1991 Copy of letter from Chief Dolan to Ms. Nelson 10/28/91 Copy of termination of parking agreement with Thompsons Restraunt dated June 9 , 1989 . . 3� KAREN H.P.NELSON Town of 120 Main Street, 01845 Director • NORTH ANDOVER (508) 682-6483 BUILDING �yBB':,•,rt CONSERVATION "u9 DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT February 9, 1993 Mr. Walter M. Kimball II Manager The Furniture Barn 419 Andover Street North Andover, MA 01845 RE: Parking Issues Dear Mr. Kimball, We appreciate your frustration with the problem of BertucciIs customers parking in the Furniture Barn lot during business hours. In order to aid us in pursing a resolution of this issue, we ask that you put your concerns in writing directed to Karen Nelson, Director of Planning and Community Development. Also, we would appreciate a copy of any agreements you have with Bertucci 's concerning the hiring of an off duty police officer. Upon receipt of your letter we will contact Bertucci's and renew discussions with them towards a more permanent resolution of this issue. If you have any questions please do not hesitate to call me at 682-6483 , ext. 23 . Sincerely, Kathleen E. Bradley Town Planner cc: Karen Nelson, Director of Planning & Community Development Robert Nicetta, Building Inspector Bertu. l 3S ell The Furniture barn :! , -=[ :- t }`� �:.-4, ��._; ; ' ` `'; ;No��h ndoverver, MA 01845 p 08) 685-3546 j. , 2 �+ November 18, 1991 North Andover Department of Planning & Community Development Karen Nelson, Director Town Hall 120 Main Street North Andover, Massachusetts 01845 Dear Mrs. Nelson: I am writing out of frustration of trying to deal with the parking problems caused by Bertucci's Restaurant. Bertucci's has 67 parking spaces for a restaurant that seats over 200 as well as doing a sub- stantial take-out business. Bertucci's has rented some parking spaces across route 114 for the employees. I don't know how many spaces, but they tell me that they can have as many as 30 employees at one time. Both the Fire Department and the Police Department have been up to review the problem of emergency vehicle access, which has been horrible! Bertucci's has agreed, at the suggestion of the POlice Department, to put on a officer for Friday and Saturday nights. This does help with the emergency vehicle access situation but does not improve the overall parking problem. The same problem still exists. . .Bertucci 's does not have ample parking. The Furniture Barn had a parking lot agreement with Thompson's Rest- aurant from July 21, 1983 until Mr. Thompson signed a termination of that agreement on June 9, 1989. . .long before Bertucci's ever came into the picture. A copy of that termination was mailed to the Town Hall on June 9, 1989. A copy is attached. I am sure that the town has guidelines as to how many parking spaces a new establishment must have in relationship to the size of the est- ablishment or the number of patrons. I would be interested in knowing what that formula is. We have tried to work with Bertucci's by allowing them to use our parking area when we are closed in exchange for a parking lot monitor to keep our spaces open when The Furniture Barn and Walls-N-All are open for business. They have provided a monitor in a very haphazard manor. When they do provide a monitor it is a VERY youg person that the patrons do not listen to. ON many occasions, I have checked the 40, — —_�=—Filer[�tlew�r J • E a—— An F.tha»Allen Gallery f N , parking and found that there is not one space available. No spaces available, even right in front of Walls-N-All or The Furniture Barn. These cars all belong to patrons of Bertucci's. I get complaints of no parking from our customers and from Mr. Morrison of Walls-N-All of his customers having to walk from the NHD parking lot carrying paint and wallpaper all that distance. It does not seem right that a new establishment can open and just take over all the available parking. The very existence of the Furniture Barn and Walls-N-All depends on us having our parking available. The Furniture Barn and Walls-N-All do have ample parking if it is not all taken by Bertucci's patrons. It seems to me that this is a responsibility of the Planning & Development Department. I would appreciate your input and comments. Sincerely, Walter M. Kimball II Manager 33 -) F_ =,= >± �� ; �."•� �y .: Any :PPC,3, Shall be flied ,f . .�; _ n`�;",,.D :s•��J'i10�'r�o � within ;20; duys mftar th- :"�' fir;;!; ,,..�r• .a date of of this NOti� TGA„ i• tans No^l` .;Ur�',�tR :'s• ;r in the 0ifice of the Town ciiu�, Clet{t, ..—..•. AUG Z9 98 PH '83 TUP>,N OF NOR -H ANDOVER MASSACITUSE'1 C.E. BOARD OF APPEALS S NOTIC E O� 0 :CISION Date . . .�1:J 911 S t `.� , 1 n ^etiLiun No.. . . . . Dete of liearing.A u.g u t. . 8 , 1 9.13 3 ry4. 4. '' THOMRS OR S. Hc$ I.AU.RAN � , i `JC . Premises affected . . 3 5. .A P.d o y,e r. .1't r.e e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for n :zriat on .from the requirerrents of the . Z u n. .'; r .i y .Law ,, Section 7 , Par . 7 , 3 and 1W E 2 and � :utIon 8 , Par . 8 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aoaetopertnit . relief frcm ti�,_ yard �e `ba -k -e,, 0rem��nts and re i efrol-,I the parking requi r�,n.?nts and it `'pec i : l fermi t urger $'ecii •)r, + , Par. 9 . 1 and 9. 2 *o -), r-nit the ?nlarger�r :It of a non -contorr, ng strl;cture , to allow' the construction of ,d,di '_ ions . After a public hearing giver. on Lie above date, tl,e nn-rrd of AppeaLs voted to . . .C' . . . t . . ttte v,a r i a n c.e s and S p e c i a l P e rmi. t.And hf-reby Autbor;ze the Building Insp-&or tc i ;ue a permit to Thomps.on ' s Pest ur nt. , : nc . for the conat.nuct on of the ir-, i rhe co iditinns: 1 . That the parking ri .,r ill '; w. e _ tive ,, o ; t ;,e , t on of the written lease ,., i LI, ^+.nrc:v1r 111L�' r' i0r's , inc . : rind !- Ihd ;. - ! , ,; rage shown on the plans i— !•: zed o � rec:ev�2d prior to the i •. : �:e f an occupancy pe r•;ni t . S�gnrd Frank Seri o , Ir . , Cha i r,�„ r A1 ,`rc:d E .. . Fr.i.z.eI Ie ; Esq . , V ' :c C', i rman SPYchard J.. Tre anier Es Cl erkl. . . . p . .,. . . .q . William . J,.. . S.u . . i. . . y Augustine 1J .. . N.icIr.erscn r Board of Appeals . J " Any appeal shall be fiie� •. RcC�iucp (20 within j da ys af'*er t;- T C 1:.� , ,_ R - o�,.....,ltio date ,� : of fiiinC of this Noti, NORT L2C'rE11 ; in the Office of the Tov, An Z9 1 '9 °H '83 Clerk. 134CMUll* TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August '^9 , 19n3 fir . Daniel Lorig , Town Clerk Thompson ' s Restaurant , Tnc . Town Office 3uii ,iirrg 435 Andover Street North Andover , 1ass . Petition Flo . 42- ' 83 Dear Mr . Long : The Board of Appeals held public hearing on Monday evening , August 8 , 1983 upon the application of Thon+)son ' s kestaurant , Inc . The hearing was advertised in the Porth Andover Citizen on July 21 and. 28 , 1983 and all abutters were notified by regular mail . The follo%•; . ng members were present and voting : Frank Serio , Jr . , Chairrin ; Alfred E . Frizelle , Esq . , Vice - Chairman ; Richard J . Tr ., panier , Esq . , Clerk ; William J . Sul 1 i van ; and Augu, `i ne V1 . Ni cker,on . The petitioner eG. , a variance of Section 7 , Pa-ragraph 7 . 3 and Table 2 a !rd Section 8 , Paragraph F.. I and a Special Permit under- Section 9 , Paragrap`rs 9 . 1 and 3 . 2 of h:e Zoning By Law so as to permit rel ie (ruin tyre . arA setback r e q u i rer.;en .s ' regi ^_ r rr()-^ r : , ! r( •ic, r;, quirements , and the on! argenent of a non -confrc; . . , ltr.o rGrs ! ru!`*. ion o additions on pr ,rr ; s l _ cdt,, d at 435 Andover, Street . testimony t.' rough Kr. St�,art Thomi-sor. and his attorney revealed that the " pecial Prermit is necessary to allow the expansion of a non- : i-iiforming structure , being a restaurant . Varil.nces are nFcessary to al l ow relief from the setback requi rer.en.ts which cannot be met and for the number and size of the parking spaces on the premises . Proposed are the following : 1 . A loungF and function area , consisting of a green .house room and seating approximately. 16 people .. 2 . A bar , sea L . ng 18 people . ..3. A multi -purpose room to accomodate Sd'.people with a separate, • Thompson ' s Restaurant , Inc . 435 Andover Street Petition No . 42- ' 83 hu:, •'cR Page 2 o AUG 29 125 F '83 entrance . 4. Two small private dining rooms , seating 12 people each . 5 . A new foyer , including a handicapped entrance , which in - volves moving the front entrance . 6 . New rest rooms , including handicapped facilities . 7 . Enlargement of the kitchen . 8. A new kitchen entrance with dock , which involves moving tthepbakeasho� receiving area The applicant further testified that he has an agreement with the adjacent Furniture Barn to provide additional parking . He is proposing 62 parking .; paces on his premises , which repre - sents 26 .fewer than are required by the Zoning By Law . A revised plan showing a total of 86 spaces was prepared . How- ever , the applicant requested that the plan showing the 62 parking spaces be approved by the Board . The Board rendered their decision at a Sp_cial Meeting held on Monday evening , August 22 , 1583 with the following members present and voting : Frank Serio , Jr. Chairiian ; Frizel le , Esq . , vice Chairman William Alfred E . ,� illiam J . Sullivan ; and Augustine W. Nickerson Upon a motion made by Mr . Frizelle and seconded"-*by the Board voted unanimously y ''1i' • ': ul1i ran , to grant a variance from L. pro - visions of Section 8 , Paragraph 8 . 1 , which ;fill allow 86 parking spaces it pta � c%. -• f a variance from Sectie� r8aiinjgraired one ; r.icP for each three seats ; rih � . l � o t0 'Jar'✓ hp to allow 8 ' r. 18 ' arkinn � , � , ;: , t..._ sire � ° i � s • Each of the above 8 . 1 and 8 . 1 ( 6 ) are subject to the condit on th•.� t the become effective a the parking plan wi on ll P _ termination of the %,;ritten lease with Andover Interiours , Inc . , which is 90 days after written notice to Thompson ' s Rest-aurant , Inc , Also , a variance from Section 7 , Paragraph 7 . 3 and Table 2 for setbacks is granted ; and , specifi - cally , a variance from footnote 1 of Table 2 for the 1Co foot setback from Route 114 . The variances granted are subject to the condition that the garage shown on the plans be razed or removed prior to the issuance of an occupancy permit fromthe North Andover Building Inspector . In addition , a. Specia1 Permit under Section 9 , Paragraphs 9 . 1 and 9 .2 i :; granted. Thompson ' s Restaurant, Inc. fir' 435 Andover Street P. r Petition No . 42- ' 83 NOr , `R Page 3 AUG P9 139 PH '83 In granting the variances , the Board finds that Section 10 .4 of the. Zoning By Law has been satisfied . Specifically , the Board finds that desirable relief from setback requirements and parking requirements may be granted without substantial detriment to the public good and without nulliying o-r sub- stantially derogating from the intent and purpose of the . Zoning By Law . Further , the -Board finds that a literal en- forcement of the Zoning* 5y Law would involve a hardship to. the petitioner , owing to the shape and size of the parcel In addition , the Board finds that the petitioner has satis - fied the requirements of Section 10 . 31 of the. Zoning By Law regarding the Special Permit . In particular , the Board finds that the specific site is an appropriate location for such a use , being the expansion of the existing rest- aurant ; the use as developed will not adversely affect the neighborhood ; there will be no nuisance or serious hazard to vehicles or pedestrians ; adequate dnd appropriate facili - ties will be provided for the proper operation of the proposed use ; and the use is in harmony with the general purpose and intent of the .Zoning By Law . Sincerely , BOARD OF APPEALS u - sk� .. Frank . Serio , Jr . , Chairman jw ( f' Idn to foiElow I i l LP. L07.59' 97.5�' sue �u¢µ�TURlC L?ARN Li I ✓may .�• - �-� a • THOMPSON'S RESTAURANT INC LAND USE Address of property 435 Andover Street North Andover, MA 01845 Zoning -- General Business Set Backs -- Front 125ft Side 25f t Rear 35ft Allowed land use 35% Total Land area 35,560 sf X .35 Tota. Allowed use 12,446 sf Estimated space of Restaurant with new additions Restaurant 100' R 63' - 6,300 sf Garage 24' X 24' s 576 sf Total Use 6,876 sf NOTES Gara¢e is to be removed I, George F. Thompson;lof north Andover, Essex County, h...ssachuaetts, Thompsory being married, for consideration paid, grant to 'Thompson's Restaurant, i to i Inc. .of North Andover, a corporation doing business under the statute. T6 rpaon'.s of the Commonwealth of Massachusetts, of North Andover with QUITCLAIM Restaurant, Ind. I covenants a certain parcel of land with the buildings thereon,situate i I I in North Andover and BOUNDED and described as follows: Beginning at e -stone bound on the Salem Turnpike, so called, and then running **#***** ** * U.S. # Northerly 35 - 44' - 55" West, two hundred eighty (280) feet to a * I.R. * Stampp # -point; thence in an Easterly direction, two hundred ninety five and _ * $23.101 *Cancelldd* 53/100 (295.53) feet by other land of Ethel M. Freeman to Andover • ##*R!#iRRRR Street, so called; thence Northerly 20 - 27' - 05" East, one hundred eighty seven and 50/100 (187.50) feet to a stone bound on Andover Street; thence in an arc, seventy four and 89/100 (74.89) feet to the bound first mentioned, being the point of beginning; containing 35,561.4 square feet; being part of Lot twelve (12) as shown on a Plat of land in North Andover, Massachusetts for Ethel M. Freeman, P. C. Danforth,I, Surveyor, said plan being dated November 9, 1939, and re- corded in the Essex North Registry of Deeds, and being plan number i 1236. Together with the right to use for all usual purposes that cer Fain part of a driveway leading from the Salem Turnpike to the barn as. shown on said plan which is adjacent and contiguous to the afore- ._said described premises. No .fence or barrier of any nature .or deaori i � I tion shall be. erected by the.grantor or'grantee on t�e northerly bounuary line of said premises without the written consent of both parties. . ,Ths..grantes assumes and agrees to pay the mortgage now helc . by Ethel K. Freeman .on the above described premises. Being the same premises conveyed to me by dead of Ethel M. Freeman dated November 11. 1941, and recorded with the North District Essex Registry of Deeds, Book 647, Page 507.• -And I, Jessie L. Thompson, -wife of said grantor, release to said grantee all rights of DOWER AND HOMESTEAD and other interests-therein. . WITNESS our hands and seals this second day of January, 1948. George F. Thompson The Commonwealth of Massachusetts. Jessie L. Thompson Essex,ss. - January 2, 1948. Then personally appeared the above name. George F. Thompson and acknowledged t-he foregoing instrument to be his free act and deed, before me, Joseph M. McDonald, Notary Public. —My commission expires April 17, 1953. Easex,sa.Received -Jan. 6, 1948 at 33m past 9A.M.Recorded and Examine i PARKING AGREEMENT AGREEMENT made this ZIST day of J-IIy , 1983 , by and betwe0h THOMPSON' S RESTAURANT, INC. , a Corporation duly organized under the laws of the Commonwealth of Massachusetts with a principal place of business at 435 Andover Street, North Andover, Massachusetts (hereinafter referred to as "Thomps(in' s I Restaurant") , and ANDOVER IIaTRIORS, INC. , a Corporation duly organized under the laws of r^ --eawealth of m aehusette; doing business as "The Furniture Barn" , and having a principal place of business at 419 Andover Street, North Andover, Massachusetts (hereinafter referred to as "Andover Interiors" ) . WHEREAS , the existing parking lots maintained by Thompson' s � Restaurant and Andover Interiors on the premises of each abut each other and there is no barrier between said parking lots, thus presently allowing common use of said parking lots by the parties; WHEREAS, the Deed of Thompson' s Restaurant from George F. Thompson, dated January 2 , 1948 and recorded with the Essex County North Registry of Deeds at Book 706 , Page 553 , makes I reference to the area where the premises of each party abuts and I provides that no fence or barrier of any nature or description f shall be erected thereon, thereby permitting common use of the I parking lots; and I WHEREAS, it has been common practice for Thompson' s Restaurant and Andover Interiors to use their respective parking areas as a common parking lot; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, Thompson,s Restaurant and Andover Interiors hereby agree as follows: i 1 . The parking lots of Thompson' s Restaurant and complex and the parking lots of Andover Interiors and complex shall be considered as one (1) parking area for common use by both parties , and total parking for the common area shall be maintained to allow for the parking of one hundred forty (140) vehicles. i 2. Thompson' s Restaurant and Andover Interiors each agree that they will keep their respective areas clear of snow and debris and maintain their respective areas in a good condition and in a safe manner. In the event either Thompson' s Restaurant or Andover Interiors fails to provide for the removal of snow or I debris or to maintain their respective areas as aforesaid, the i other party may enter onto the premises of the other and, at its own expense, provide such snow removal or carry out such repairs I as shall be necessary to maintain the parking area in a good and safe condition; provided, however, that the party so entering onto the premises of the other to conduct such snow removal or necessary repairs shall be responsible for any damage caused to the other' s premises which may result from such conduct. Thompson' s Restaurant and Andover Interiors each agree to coordinate any such snow removal or repairs with each other so as to allow for maximum use of the parking areas as. aforesaid. 3 . Thompson' s Restaurant and Andover Interiors hereby covenant and agree that each shall control to the best of its ability the use of the aforementioned parking areas by its patrons, customers, and employees so as to prevent any interference with the efficient operation of the other party' s business , which shall include, but not be limited to., preventing said patrons, customers, and .employees from blocking fire lanes and delivery lanes and/or causing a disruption of the smooth flow of traffic. 4 . The sole purpose of this Agreement is to establish the common use of the parking areas for the patrons, customers and employees of Thompson' s Restaurant and Andover Interiors, and this Agreement shall in no manner be construed as establishing any joint venture or enterprise by Thompson' s Restaurant and Andover Interiors- 5. This Agreement shall remain in full force and effect until such time as the Agreement is terminated by either party upon ninety (90) days' written notice in advance to the other party. Any such notice of termination shall be deemed given and delivered to the respective party upon delivery, in hand or by -registered or certified , mail, postage and registration or certification charges prepaid, addressed to the parties at the addresses set forth above, except that either party may, by written notice to * the other, designate another address which shall thereupon become the effective address of such party for the purposes of this paragraph. 6 . All covenants, agreements, conditions and undertakings contained in this Agreement shall extend to and be binding upon the legal representatives, successors and assigns of the respective parties hereto. 7 . If any . term or provision of this Agreement or the application thereof to any person, property or circumstance shall to any extent be invalid or unenforceable, the remaining terms and provisions shall not be affected thereby, and each term and provision, of this Agreement shall be valid and enforceable to the .fullest extent permitted by law. # . y h (2) i 8. This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written, intending this document to take effect as a sealed instrument. I THOMPSON' S RESTAURANT, INC: Stuart Thompson, Treasurer cANDOVERooIFIV INTERIORS, INC. , d/b/a THE FURNITURE BARN By: i tth w kovakis, President - I i ' I (3) 5�8 TELE.PHONE(508) 685-3546 An Ethan Allen Gallery THE FURNITURE BARN JUNCTION ROUTES 125 AND 114 NORTH ANDOVER, MASSACHUSETTS 01845 June 9, 1989 Thompsons Restaurant, Inc. Mr. Stuart Thompson 435 Andover STreet North Andover, Massachusetts 01845 Re: Parking Agreement dated July 21, 1983 This agreement is to be terminated as of September 9, 1989 by the Futniture Barn as per Section 5 ofthe above agreement. Walter M.c49m 7TI` manager Andover Interiors, Inc. dba THe Furniture Barn 'Y'em e/" Stuart Thompson Thompson's Restuarant D ` rt 2 AUG - aT N R o AI, (J o tpo (4 Ash 9-1 P 1ri j'2 rl rjGP til / 5 o �Epp p o 33 61 f2 0 2 � I G �- 6a ��� Av rL , F � J of, a ( �r4 o �,�fib. / �/�� . \ ,l •? A9•y S d o Q n _r// y yA K o V A l< 1.5; y0 �f'�,• o .r \ �Ewr � ENlsE YA VAKls tj 15� Pr-j f! 9 v 2 572Ee7' rrl P.0(L f?/ Y �i a t- S tf.01 �'4, '' i i GARAGE IITI 40 Q ; I i �VC>/7/O/V 'e: A I i 7 0\ ISI 1 121810[olol 0- 441- I11 a n/ .3s s s'•- w Z o viNG O:sr/z !i OAfa L iiv - I i N '+S! AKDo ✓EQ 57 2EE7 'yo R.v�N ANOaVER_ r J i O Fc '' H /�/ O O V 2, IAS-5. O W�/EO d y T /-! O M P S o N "S RFS 7-A [JAeA V7- T NC. c A 2 40' STo wEizS As5' oc /Ar`ES 1nrc. REG, LAAIO S 0 `ZVE y0R- A Cars vs 7- /983 7-Ale AN/, / LASS, 2 EVi 5 cD 9- 6 - 83 40 0 /00 goo .r„#,r fh .. #.. c,l 1:r, F.aen pr#•F rsr na in ,gm,:, l,ir,. .y L. ••v �,., -.-•.un.,s:,l•,f:..;nf •� '#'I, p'Im Un• tier lic••, i;:._:�, I�t; ,.! 11-s• Ar •I;.U•A•. a{• J,rvds r-,/ 111,) (,'cm-rnrm- —1,esnl1.., ilmi tln lines ni 1'v• .:I •c''. ....I n . . I'1 .1 �)11•rn . I11. •:f rs#,;,.;,i 1. cL'ti. ny- s rtlrr,nriv :""I' lis •a• and 0 -i r••^1• ,�r v 8 5 83nrt.. lines iu• divi,'•'rl ()fe•.i.#nnt Osvn l - // = FM1v. tit in. -s.,a -•CMS Ofl• •.I:rr.,n ond 1 r r d► T Q All 0 e 1- n No /z 7-,-1 Amp oyE,e + G v d o A2D EA L S fz- No. - — -- -- r E 5 6 y /1 r r n ?. �oV7 �< F� p L ti 0 T C o V6 R ACE 's E ><i S rinrG d vi�D/NG 4240s4.,cr. /2.t 7 P2 o ooseo A 0,9/70A/ t 7>0 rA t- /8. s ,j 7'-orAL PA2.k/N6 5'P^C-,5 = 86 C4-o+ x ii 1, f .a 419 And, ,r Sw:et The Furniture rsarn North Andover, MA 01845 Phone (508) 685-3546 November 18, 1991 North Andover Department of Planning & Community Development Karen Nelson, Director Town Hall 120 Main Street North Andover, Massachusetts 01845 Dear Mrs. Nelson: I am writing out of frustration of trying to deal with the parking problems caused by Bertucci's Restaurant. Bertucci's has 67 parking spaces for a restaurant that seats over 200 as :ell as doing a s, b- stantial take-out business. Bertucci's has rented some parking spaces across route 114 for the employees. I don't know how many spaces, but they tell me that they can have as many as 30 employees at one time. Both the Fire Department and the Police Department have been up to review the problem of emergency vehicle access, which has been horrible! Bertucci's has agreed, at the suggestion of the Police Department, to put on a officer for Friday and Saturday nights. This does help with the emergency vehicle access situation but does not improve the overall parking problem. The same problem still exists. . .Bertucci's does not have ample parking. The Furniture Barn had a parking lot agreement with Thompson's Rest- aurant from July 21., 1983 until Mr. Thompson signed a termination of that agreement on June 9, 1989. . .long before Bertucci's ever came into the picture. A copy of that termination was mailed to the Town Hall on June 9, 1989. A copy is attached. I am sure that the town has guidelines as to how many parking spaces a new establishment must have in relationship to the size of the est- ablishment or the number of patrons. I would be interested in knowing what that formula is. We have tried to work with Bertucci's by allowing them to use our parking area when we are closed in exchange for a parking lot monitor to keep our spaces open when The Furniture Barn and Walls-N-All are open for business. They have provided a monitor in a very haphazard manor. When they do provide a monitor it is a VERY youg person that the patrons do not listen to. ON many occasions, I have checked the All Etha»Allen Gallery parking and found that there is not one space available. No spaces available, even right in front of Walls-N-All or The Furniture Barn. These cars all belong to patrons of Bertucci's. I get complaints of no parking from our customers and from Mr. Morrison pf Walls-N-All of his customers having to walk from the N1ID parking lot carrying paint and wallpaper all that distance. It does not seem right that a new establishment can open and just take over all the available parking. The very existence of the Furniture Barn and Walls-N-All depends on us having our parking available. The Furniture Barn and Walls-N-All do have ample parking if it is not all taken by Bertucci's patrons. It seems to me that this is a responsibility of the Planning & Development Department. I would appreciate your input and comments. Sincerely, Walter M. Kimball II Manager Of TAORril q C NORTH ANDOVER FIRE DEPARTMENT * o�.� * CENTRAL FIRE HEADQUARTERS-n• " 124 Main Street 9SsgcNuc North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department Tel. (508) 686-3812 To: Karen Nelson, Director of Planning & Comm. Development From: William V. Dolan, Fire Chief Re: Parking-Bertucci ' s Date: October 28, 1991 Recently we have received complaints from Mr. William Kimball, Manager of the Furniture Barn, regarding encroaching on the parking area by the overflow from Bertucci ' s Restaurant. The Fire Department has issued orders that an engine company will be dispatched upon receipt of a call of a complaint to insure that adequate space is available for Fire Department vehicles to maintain access. This Fire Department vehicle access will be in compliance with 527 CMR 25 and the Town By-Law could be enforced regarding fire lanes. At this time we would hope that there could be an amicable solution to the problem. Prior to Bertucci ' s Restaurant opening, the former owner had an agreement with the Furniture Barn regarding parking. That agree- ment was rescinded prior to the sale to Bertucci ' s and notes to that affect have been transmitted to Bob Nicetta , Building Inspector. I do not remember any discussion regarding parking during the site plan review since I think we assumed that the previous agreement would continue. I would appreciate your input and investigation into this matter. We will do our part to insure access for emergency responses but would hope that a compromise can be reached in this matter. If you have any questions, please call. �J l William V. Dolan, Fire Chief cc: J. Gordon Lt. Long C. Huntress W. Kimball icetta f � 3 991 "SMOKE DETECTORS SAVE LIVES'' BUILDING DEPARTMENT -KAREN H.P.NELSON Town of 120 Main Street, 01845 Director NORTH ANDOVER c508> 682-6483 BUILDING CONSERVATION DIVISION of Fax: 508-682-2996 PLANNING PLANNING & COMMUNITY DEVELOPMENT FAX TRANSMISSION DATE: 10-28-91 TIME: NO. of PAGES: 2 TO: Joseph Crugnale, Bertucci's FROM: Robert Nicetta, Bldg. Inspector SUBJECT: Parking - Bertucci's Restaurant FAX NO. : 6.17-932-8173 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REMARKS: The attached is' F.Y. I. Please get back to me as soon as possible with a solution to this problem. Thank you, Bob U id Antique Show ®lice L®g Middle School North Andover Police re- patrol,e Street sponded to 39 residential and damaged on Willow to Street.finding cars receiving stolen property. Massachusetts commercial alarms and one com- 2:30p. _ 8:14 p.m. — Police arrest gored by of 146 E plaint of youths causing a distur- Kristine L. Smith, 42, of Four eyl St*,Police L wre ce,,on charges bance between Saturday, Nov. 9 Seasons Trailer Park, Danville, giving false information to pol; .rblehead Public Schools and Friday, Nov. 15. Here.is the N.H.,on charges of shoplifting, acid driving a car with defecti ancement foundation police log for that period. 3:31 M Party Saturday,Nov.9 P.m. 22 police arrested equipment. 'ember 6, 1991 Angel Ortiz,22,of 62 Trenton St., 5:48 a.m. — Police arrested Lawrence,on charges of shoplift Nov.13 9:30 p.m. Lisa McClure, 19,of 28 Water St., ing from Bradlee's at the North 1:30 a.m. North arrested 1 ckets: $25.00 _ North Andover,on charges of as- Andover Mall. sault and battery on a family 6:14 P.M. —Police responded anne Peabody, on 31, ofges of drunk member. to a report of hockey players driving, driving with a suspen 12:02 p.m. — Police arrested fighting at the Brooks School ed license and a marked lanes i Stephen R. Ard, 39, of 10 Baker skating rink. There was no more olation. St., Methuen, on charges of fighting upon the arrival of po- 11:08 a.m. — A police offic, shoplifting$140 in perfume from lice who stayed at the rink until reported a contractor at Ma;' TJ Maxx. both teams had left. r " * 2:17 P.M.—A Centerville resi- 6:54 and Second Street broke a g; dent reported his car was dam- Emil E. Godek,67 lof 50 arrested line. The Fire Department at,, ., ... x i Ashland Bay State Gas Company respon, ,........... ., . : :�. . ,x aged while parked behind Merri- St.,North Andover,on charges of ed. mack Colleges Ash Centre . drunken driving. dormitory. 7:11 :36 p.m.— An Osgood'Strei r% P.M.P.m — Police arrested resident reported a car stolen. 7:58p.m.—Police arrested two Michael J. Alexander, 33, of 21 –i CYC men at 90 Abbott Street on Fuller St., Magnolia, on charges J charges of related to a car break. of driving with a suspendedgli- 7:34 aThursdd Middlesex Stref ADnd Sale L. Richards III, ov r, was cense, driving a car with defec- resident reported an attempte BIKES Salem St., North Andover, was tive equipment ands speeding.arrested on charges of malicious P g car thea. rating oL Grand Opening damage over $250, attempted llionday,Nov.11 9:05 a.m.—An Autran Avenu larceny of property, and break- 6:34 a.m.—A Chickering Road overnight eported a car damage ing and entering a car. Arthur J. resident reported someone tried 12:28 p.m.—A motorist report Fortin, 21, of 524 Johnson St., unsuccessfully to break into his ed a car stolen from the Chim SALE North Andover, was charged car. Famous Maker with malicious damage over 11:59 a.m. — Police arrested Blossom l 54 p Restaurant. $250, attempted larceny of prop- Michael Bolis, 34, whose last Pedro A. Lopez, 32, of 32 Oceai BIKE CLOTHING erty, breaking and entering a known address was 16 Devon St.,Lawrence,on charges ofdriv car, and on a North Andover po- Court,. North Andover, on ing a car with defective equip UP TO ® lice warrant charging failure to charges of assault and battery on 11ient, driving without a license �0 /® FF pay fines on charges of driving a family member. with a suspended license, ille- and on a Lawrence police war. We're easy to find. gally attaching license plates, Tuesday,Nov.12 rant charging possession with in- drivin a car tent to distribute g with defective 8:47 a.m. — p cocaine, and In:Manchester: Off Route once arrested 127 equipment, and transporting al- Charles P.Bryant,33,of 300 Dale conspiring7.36 P.m. to Police aviolate.rrested two at 23 Elm Street In cohol while under age. -St., North Andover, on a North People at the Nrth Andover downtown Manchester 10:17P.m.—A Chadwick Street Andover police-warrant charg- Mall on shoplifting and other 526-1200 resident reports his house has, ing driving with a suspended li- charges. Sabrina Dee Wing, also been broken into and over$400„ cense and speeding. known by the last names Cote, In South Hamilton: is missing, _ 18 Itay Road,Rte.I 10:49 p.m.—An Ellis Court res- a ue10:5 resident, reported va stolen awnAve.,ORoc}ester35,,N.H.,was next to Hunter's Inn ident reported his house broken car. 468-1301 into. A police officer found a 5:30 charged with shoplifting, receiv- '"" - - window pane had been smashed:.Matul edardo, 36, of 90Aldersion stolen a property y and posses. ;Downhill Ski 'kilning' out, a phone ripped out of the St., Lawrence, on a Peabody Milton Ocaspoaalsotkn known as wall, and a personal phone book state police warrant charging Luis Diaz or Ralph Pena,39,of 14 special was missing, driving an unregistered and WelLuis S CALL FOR DETAILS uninsured car, St., Lawrence, was. Sunday,Nov.10 7;06 charged with driving with a sus- with coupon expires 12/31/91 P.m. — Police arrested •------ ------------------- 8:13 a.m.—A hockey player in- Elizabeth D. Lewis, 29, of 2202 p ended ahlicense, illegal posses- jured at the Volpe Complex at Pheasant CreekWest Peabody, shoplifting, and receivi� needle, ng stolen. ypoermi Merrimack College was trans- on charges of driving with a sus- property. proper • ported to the Lawrence General pended license and speeding. I� Hospital: 10:43 er lice arrested 7:25p.m.—Police arrested five Matthew Curranl7, of 39 Lin- UA CS 9:37 a.m. — A large plastic Lawrence residents on various coln St., North Andover, on a, horse belonging to the Equestri- charges at the North Andover warrant charging receiving a7 an Shop on Turnpike.Street was Mall. The following were arrest- stolen car, unauthorized use of a! found by security officers at Mer- ed:Jim Jr.,Vega rimack College's library. 18,of35Juniper stolen car and failure to stop for: I g ry - St., on charges of receiving a police officer. 10:57 a.m. -A Francis Street stolen property;Iris D.Perez 17 resident reported' his cellar was of ' 239 F ranklin St.,on charges of Friday,Nov.15 broken into and his son's base- shoplifting;Ivette E.Colon, 17,of 8:37 a.m. — Police arrested. ball card collection was stolen. 3 Saunders St., on charges of re- Brendan Beverage,17,of Briar- I 2:22 p.m.—A car rolled over in ceiving stolen property, illegally wood Court, on charg es of disor- ;I a one-car accident by the south- attaching license plates, and der bound ramp to Interstate 495 off driving an unregistered and Highly conduct at North Andover _� Massachusetts Avenue. Arthur uninsured car; Victor Labo Jr., :1 School. ss;� Shedd, 43, of Swampscott, and 1? of 230 Walnut St., on charges Furnitutre Barn off Turnpithe ke, Lauren Acessi , 11, of Wakefield, of receiving stolen property Slrcet complained that Bertuc- were in the car. worth less than $250; and a ci's Pizzeria patrons were park- 2:23 P.m.—A police officer on Lawrence juvenile on charges of ing.ek his property. Square - .2 0° ' i10 . Wt. lA FRAM -sachusetts i, waawnpYd• �r f V' L •� k tri . ni�,.t _ Any,ap aj�4h�tt bellied a .L•�s •��� R � �� 'sh 'tl� w z t �©, ,Ys'�tsftor th' ,yli fy►� ;. T - '- _ wG}�f•t�•''��••ZL.�Sky-i {hf 4�� �� .r€fits - ^`af,• t�f�vt�h Jt '+,''S^. e,. ''-'' �i �� Jl k"R,.6c,.t- .wfi..- -.^- sa..yµ ,,, ,....Yap:. .., �a* y ,Ij�I.ro• ►^.\i NO..t�. :'urt�ER,�AM � 4 • //€��nfrtneOtfice ofWthe Town :TUPAUr N-'140Ft,i'B Y4.*60VER IL �i BbA •*+f. ��� f �F 1�i•"� q.hm +w�;,«•M+w..-""^�, +r wt,'��...✓.',. .� .V ti�4x- '`# < / 'C_I AMEAU �� • � .a' '-' •'..� moo• � •-+ -..�e' - �� y,.� �� � .� . �L NOTItUOP CSCISION ¢I Date . . :n gust 29 , a?R3 ^ctiuurz_No 2 X Date of Hearing.A p.g Y�t- -3 . • 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E r�miaes affected . .4 3 5: . q.d o v.e t r e e Referring to the above Fc:tition for i :iziit on f:om the requirca-cFita of the . p. r,] i y -L a w , Section 7 , Par. 7. 3 and Table 2 at�d ; : tion 8 , Par . 8 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - - - . . . . . . . . . . . . . . . . . . . . . . . . . . relief frcm t►,.. yard sebak •e`,uirLm,!nts and rei1EF from ao as to pezaut . . . . . . . . - - - - - - - the parking requi r?a.?nts and a _pec l : l -peri„ t order Sac' '--' ,)' h `'+ , Par. 3 . 1 and 9. 2• L-o 7_ r-nit the 2n1arger� i of a non -coniGr n (i stri;cturc . . . . . . . . . . . . . to al iaw' the constructioi o * . G,da, _ ions . After a public hearin- giver on t.e aho•;e date, tl�P T2oard of AppreaLs voted to G r' n { va r i a n c.e s and Special Per— , .qnd `►-rcby autbor;:�e the Building Inspector tc 's:;ue a perrnit to . . . T homps.un ' s su - n : :zc _ Y for the constr'ict;on of t1re irti rlie fn',InWir,n cnlditinns: 1 . That the parkin c = Ctve j o 11, 11 L the written l s r [ :z L:. riors , . nc . - and `hd : `' FJ 1-a Shown on the plans ��' _ I'� ..0v I pr . r. " t0 �iC t {: . ._ t. S .e a occupancy Per;;)i i Scgnrd rran'k Serio , .Ir . , C h a i rr:Z r: ,SII -ed E Fr-i-zel le Esq t V i i N7♦♦ i i s-'^ard d . i•repanier,• .tS.4 -.�. .rler" - Wiiiiam 3-t S-ullivan t Augustinew' cierscnti. .. r Board c f Ap . {. ,ya • R iTS. !, v rod# r. s/ r - r,. .x , s x ... � gyC7- p aa �tt be flied %"%C ?: j WtI#1C �} !� t r. W. 1 ' �. to `It •:A *� T' Yr•+j + i +k ' * i?a^6t t' r�ktQ� t�� k' cat W.Z. .;� ,� + a_ , n�i,• t� BIZ 11 {�•` -."-•�.'k,. -a.;"� �-rte'^",..�.'+� N0. T.� • :urt�ER : -`� �' . •' p s ` _ 1 �th t}xfice'o �the Town r ' . �+ AUG r spy yP�! 783 Rrt OF�No�H$Ar DON'ERUZI _ .r /,4�-'•AxrR.�/a��a��s.''r.'• = NOTiCF=0+=4D'.CISION - - r — t. Date . . .:, :gust 29 ,_ i?R3 : . . . r f Date of Hearing Augu + '8 I983 Petition of . . . . .TH0MPS0V S RAS i;AURAN r , 1`fr . . . . _ . . . . Premises erected . .4 35. .�r�.d o y.e r. -�t re e t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above retition for -i :zr;at on (-.-am the requirerrtnita of the - q r .1v •Law ,, Section 7 , Par . 7. 3 and Table 2 arl•d :. .etion 8 , Tar . 8 . 1 . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .re Lief frcm tF yard se =ba -'k e ,uire:n+ants and rei } e ' from the parking requi r,2n.ints and a 1—pec; : 1 ('erg„; t i;rder Sec; i •�R 'i , Par. 3 . 1 and 9. 2 20 -)•_ r-nit the .nlarger'� .ht o . a non -cont. orr ; nr stri;cturc. - • --- . - to al iow the constructhoh o * aG� r,� '_ After a public hearing giver. on t_.e aho•;n ds �, tl e 7nard of AppeaLc voted to . . G r�n t the + V a r i a n c.e s and .S p e c i a l Pe rT; +and 5t-reby autborine the BufIding Insp°c*or tc :�;ue a perriitto . . . T-homps.un ' s Pes ; •;u * nt_ . : nc _ for the c nstr7ct'on of t:'r• P�:� -1^:;ti, b Zon'I •zr,-' rye fnlhttwir cn-ndliT^ns: 1 . T `�at the pari� in� _ i �. _ , e = five �• on t �e tp t ie written l '�as2 i � !i:t. j ii1L ;' 1Qr$ , Inc „ Ung Fid : F i ' u ' shown on the plans C _ ate i'n�'C�i' u pr . r•1' to + 11C 1 ' . s: :E ` a �. -� < i 0ccupanCy pe rmi t . r .C_gnr d Frank Serio , Jr . , Chairs, r+ red F Fri•ze1 a Esq V : :r C , . i • � . _ . - �^ ���r�\�♦ it - u ;_; tbdrti . ��. . . J.repan.i_er "ts.g r1 rrY WiIIiam . !, Sul1ii.van ._ }Augustine- w'. N? Ct.e'rsCq.. -- : _ Hoard cf 9rpeaV e ftc . - �„ Rn - AA _ -t+vlthi� aYsf.er t at r NORTH.r' ��nvE�t� y '-' a --� -�i,.- .1h n ;of•this Not. r .-: a thov �.�. .. e fire n . w83 H •�....-w.�. __ AU G Zg. �.,'34,x. `,. .y r v- k # .� xTOWN.OF-140. ' RTHANDOVER .:W+kY '�"4 _ - _. -+-,.�,.. r a^'L�^+' .'7''C•.i'i,'..+•;VR+x,.'rs .`n...._ -e^' r 1raSq'C•' v'y'.' t. r • CH ETT ^`"-r �-;' "- BOAR? OF�APPEALB _ } - ;V R , _. August e.g83 tor . Daniel Long , Town Clerk Thompson ' s Restaurant , Inc . Town Office 30i .iing : :5 Andover Street North Andover , %lass . Petition Mo . 42- ' 83 Dear .•1r . Long : The Board of Appeals he '. d rub i i c hea r i nr on i1on�!ay evening , August 8 , 1983 upon the application of Thom.-ison ' s Restaurant , Inc . The hearing was- advertised in the Borth Ardover Citizen on July 21 and. 28 , 1583 and ali abutters were notified by regular mail . The follow. ng members were present and voting : Frank Serio , Jr . , Chair!; -in ; Al `red E . Frizelle , Esq . , Vice - Chairman ; Richard J . Tr �panier , Es ; . , Clerk ; William J . Sul 1 i van ; and Augu, `i-ne W . ::i ckersorr . The petitioner a variance of St'c". ion 7 , Paragraph 7 . 3 and Table 2 and Section 8 , Paragraph 8.. I and a Special Permit under Section 9 , Par agraDl:s ? . i and 3 .2 of 1e Zoning By Law so as to permit rel = - :rUrn the ar.i setback requirer.,ents , rn, • r `rr�'t r ,'• • .r r ,o :i rer,ents , and the cn? ar gement of a ran -con ft; td ' :,y i _ rt. ' '• ' ]i))+ : t'U `� iOn Oi a d d �. i c n s o n p r•�M. , '�s c a t. a t 41 3 5 A r,d G v 9 r S t r e e t . ies "Ijinony t, rough 'Kr. St::art Thom-ser and his attorney revealed that the ' ;jeci ,: l is necessary to allow the expansion of a non-c (.nforrning structure , being a restaurant . Variances are necessary to allow relief from !fie -setback requires:en.ts which cannot be met . and for the n1:mber and size of the parking spaces on -the premises . 3 Proposed are the foIIG-,jinS :R. I. A lounge and function area , -consisti n-g of a -green .hcuse roam and seating approximately-16 people 2 A bar, sea t . n`g 18 ;,coiie .3. A multi -purpose room to accomodate5 people with a s rate Thom pson's -Renstaurant Inc . 435 ndover_ St feet �. -.. s P e t i tion No '42 l Page 2 Auc 29 l #f a . entrant _ Two "s mall 4 Y . 1 'private 'd�ni - ngrooms , se'atinq I2-pgo01,e each � aw .. 5 , A n5.1 ew ,foyer, including •a handica _ - voives moving the front entranCePped entrance ; eyhIch in= 6 . New rest rooms , including handicapped facilities " 7. Enlargement of the kitchen- 8. A new kitchen entrance wiith _p;-ep area and receivtn ` dock , which involves moving tf�e bake shop • , .g -area The applicant further test ifi.!d that he has an agreement with the adjacent Furniture Barr 'n provide additional He is proposing 62 parking . P P 9 parking _; paces on his promises , which repre - Sents 26 .fewer than are requ : rv�d by ;,}1p 7o' TI ing By taw . A revised plan showing to gE spaces was prepared . How- e ever , the applicant reiuestef' that the plan showing the 62 Parking spaces be approved b. the Board . i The Board rendered their decision at a on Monday evening ,'lu -P =.. � a1 Meeting held { present and ening gust 22 , 1983 wit!, the rollowing umembers ce ChaFra irman ;Se r� o;;illiamCJa �Sulli anTfred E . AuguS ,,ine 'r1 • Nickerso-i . and Frizelle-, Esq . , Upon a motion made by ;3: Frizelle and seconded by Im Sullivan , the Board voted ur,a ; imo;;:; 1 to grant a variance from the ro- visions Of Section 4 D P Paces it . ,�� jra_raah 3 . 1 , which aill allow E6 parking 1 variance ir'um �? C ` ,. = �aCIt three Seats ; to allow 8 ' 18 ' - . gr' ''`' ' ' � 6 ! t:- vary the z2 S . I . s . a -�• ;n .. .a's��c � Eaci� c} ` ie `� ,� g . I and ( ol are s �;b aLov ec .o ' `:e c�� ; ; ` , on that t%�e become efplan will fective upon t: e termination of the ti•:prittenglease with Andover Interiours , A. . . which is 90 days after written. notice to Thompson ' s Restaurant, Inc. . Paragraph 7. 3 and Tabie 2 for setbacks aisagranted ; and$estecifi - ca11y , a variance from footnote I of Table 2 for the IGU foot - � setback from Route 114 . The variances granted are subject t.o the condition that the garage shown on the plans be razed or removed prior. to the issuance of under Section an occupancy P , per„ti t frori the -- - -- �torth Andover Building Inspector• In addition , a. Special Permit 9 , Paragraphs g • I and 9 .2 i :; granted. --. ._._ - <_ w µ._:ms_ .� _. .,,,;,•-;_,,.;-«,�„�.� 'k.. ! •yam ak♦ -[/'` ,���"':!e `TK-oarpson`s�:Restaucant, Inc':�` � .._� � �,�r� -•� Y :r[,. �� , :� - �-- ._ W � w 435.�Ac doV4'r Street.` • �« r-s t - _ j =-Petit an No '42-'83 _ _ ,_ ttOr �r�cR ,3 Page I_ = pQuc 23 1 39 PH 83 � x 1— a w •A. �. �Y - - In grantin=g th ' variances , the•, Board` finds that :Section X1(1 4. - -- of tie Zonin( aw.has been-satisfied. Speci;,f�ca;,� "" "Board finds that desirableetfe_f �fromsetback reger .reaieatt; .' �. - C: - 'and parking 'req"ui_rements may be Ygranted :without subs3aetfia ,. r w.-detriment -to the public'gcad ' 'and wiLhoutnu111ying o.r sub= =. staatiarty" derog'atingframttie` intent and purpose he Zoning By Law. Further, the-.Board --'finds that a 1 i ter. at . en forcement' of --the Zon-i ng' by " Law would involve a hardship- tof' the petitioner, owing to the shape and size of the 'parcel:: ; 4. - In addition ,--- the Board_ finds that-'-the - petitioner has.' sats fied the req-ui rements of Section 10 .31 of the Zoninq8y 'Law regarding .the Special Permit. In particular , the Board finds that, the specific site -is an appropriate location - - _ for such a use , ' being the expansion of the existing rest- aurant ; the use as developed will not adversely affect the neighborhood ; there will be no nuisance or serious hazard to vehicles or pedestrians ; adequate and appropriate facili - ties will be provided for the proper operation of the proposed use ; and the use is in - harmony w : th the general purpose and intent of the .Zoning By Law . Sincerely , HOARD OF APPEALS QJ Frank Serio , Jr. , Chairman Jw t4 " �*q�»r ��.;.a.. =: C .� ._.•• "r`. .- .t-:.;.�,�,'t� -+:.., �.a,•..L �.,,r-.:�'�.".��1` � "'_r��...i�xsrt �f..vy .w. ���AT���a«..Y, . � ; ��.4.. p -. .•. Ct w- ::i.,'.� npt'� •"rte ,TT...,... TgQ"�SQl7t.^i BE' S?ABRANT',iNC � �4 B ^ ... +,. - •- 1'= � �..�iaa*o�.-�Ye--n+'94+7:w.we.-•r � t}.V ��� '� j a..c� ' Address ofy property 435 Anddvit.7Sireet, - - �Z7, North lbndover; 18�►5.Y ' Zoning M General Business � _ a� Set Backs ---Front 125ft � - . Side 25f t r Bear ' 35ft Allowed land use 35Z _ _ y _.. 77 Total Land area 35,560 sf X .35 Total Allowed use 12,446 sf Estimated space of Restaurant with new additions Restaurant 100' X 63' - 6,300 sf Garage 24' Z 24' - 576 sf Total Use 6,876 sf NOTES Garage is to be removed :t. i _ ��_ K � N � - z^ ..mss..x�►,�.-�-� t I, George F. Thompso-i, of North Andover, Essex County, Kasss:chusetts, - j being carried, for consideration paid, grant to OR d,ai"�Lhe; meson _ ger with QUITCLAIld t. covenants a certain parcel of land with the buildings thereon',situate in North Andover and BOUNDED and described as follows: Beginning at a .stone bound on the Salem Turnpike , so called, and then running * U.B. • i Northerly 35 - 441 - 55" 'West, two hundred eighty (280) feet to a >r I.R. *� Stampp f • _point; thence in an Eastarly direction, two hundred ninety fine and _ « X23.10 , • . *Cancelldd* 1 53/10C (295.53) feat by other land of Ethel M. Freeman to Andover * •- ##*tlstsa• Street, so called; thence Ycrtherly 20 - 271 - 05" East, one hundred eighty seven and 50/100 (187.50) feet to a st ne bound on Andover Street; thence in an arc, seventy four and 89/1CC (74.89) feet to the Mbound first mentioned, being the point of beginning; containing j ( scuare feet; being part of _at twelya (I2) as shown on a Plat i c:' _and in Andover Ma22a._j uz-3t_a M. Freeman pC. OanfOr:1 , Jur'I.3vcr, said pia.^. -.ei.'.g?. dated .'toY9mber 9, 1930 . and '�- -ded i:. the Essex North Registry o: Deeds, and being plan number 1236. Together-with the right;to�use�for _all 'usual.purposes- that -:cep Eain ;part of a drivai+ajr.. as ing from the Salem Turnpike to Ehesba I as shown on said plan which is adjacent cad`dontiguous to 7the afore-= ;._said de9cribed_p?emidesE_�No fence or_barrier of any nature-or ,desorf - _tion shall be. erected b}_the-grantor or grantee on te northerly bounaary line of.said prenises without the written ccnaesiL-.of par7tiea . --d agrees to ray the ^Sort-g3ge nc f heic I `Jy Ethai }i. Fraa=an .JA the above diescribed premises. Being the sale premises conveved to and b dead of .,.nal M. rreeman dated November 1941, and recorded with ..na ',orth ,._3t.-i:.- Essex Registr- leads s Book 6417, Page 507. -Ir W'sssiy L. Thcmpson, _wifa of said grantor release to said grantee all rights of DCWLI A24D HCMESTZI.` znd other interests therein. 7,1NESS our hands and seals this second day of January, 1948. )George F. Thompson The Commonwealth of Massachusetts. Jessie L. Thompaon j Essex,ss. - January 2, 1945. Thea perscrally appeared the above name. George F. Tbompson and acknowledged the far sgoing instrument to be his free act and deed, before me, Joseph M. McDonald, Notary Public. r = j ,My commission expires April 17, 1953. Essez,ss.Received -Jan. 6, 1948 at 33m past 9A.M.Recorded and Examine i 1� PARKING AGREEMENT AGREEMENT made this L/:% day of �'�y 1983 , by and between THOMPSON'S RESTAURANT, INC. , a Corporation duly organized under the laws of the Commonwealth of Massachusetts with a principal place of business at 435 Andover Street, North Andover, Massachusetts (hereinafter referred to as "Thompson' s Restaurant") , and ANDOVER IN.VRIORS, INC. , a Corporation duly organized under the laws of �-� mn 4-h Mf i~t"�.,e*...-,~r-.-�-�— : doing business as "The Furniture Barn" , and having a principal place of business at 419 Andover Street, North Andover, Massachusetts (hereinafter referred to as "Andover Interiors") . WHEREAS, the existing parking lots maintained by Thompson' s Restaurant and Andover Interiors on the premises of each abut each other and there is no barrier between said parking lots, thus presently allowing common use of said parking lots by the parties; WHEREAS, the Deed of Thompson' s Restaurant from George F. Thompson, dated January 2 , 1948 and recorded with the Essex County North Registry of Deeds at Book 706 , Page 553, makes reference to the area where the premises of each party abuts and provides that no fence or barrier of any nature or description shall be erected thereon, thereby permitting common use of the parking lots; and WHEREAS, it has been common practice for Thompson' s Restaurant and Andover Interiors to use their respective parking areas as a common parking lot; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, Thompson' s Restaurant and Andover Interiors hereby agree as follows: 1 . The parking lots of Thompson' s Restaurant and complex and i the parking lots of Andover Interiors and complex shall be considered as one (1) parking area for common use by both parties, and total parking for the common area shall be maintained to allow for the parking of one hundred forty (140) vehicles. 2. Thompson' s Restaurant and Andover Interiors each agree that they will keep their respective areas clear of snow and debris and maintain their respective areas in a good condition and in a safe manner. In the event either Thompson' s Restaurant or i Andover Interiors fails to provide for the removal of snow or debris or to maintain their respective areas as aforesaid, the other party may enter onto the premises of the other and, at its own expense, provide such snow removal or carry out such repairs 00 AUB 4 Ment �;00 FY l � 1 as shall be necessary to maintain the parking area in a good and safe condition; provided, however, that the party so entering onto the premises of the other to conduct such snow removal or necessary repairs shall be responsible for any damage caused to s the other' s premises which may result from such conduct. Thompson' s Restaurant and Andover Interiors each agree to coordinate any such snow removal or repairs with each other so '= as to allow for maximum use of the parking areas as aforesaid. 3 . Thompson' s Restaurant and Andover Interiors hereby covenant and agree that each shall control to the best of its ability the use of the aforementioned parking areas by its patrons, customers, and employees so as to prevent any interference with the efficient operation of the other party' s business, which shall include, but not be limited to, preventing said patrons, customers, and employees from blocking fire lanes and delivery lanes and/or causing a disruption of the smooth flow of traffic. 4 . The sole purpose of this Agreement is to establish the common use of the parking areas for the patrons, customers and employees of Thompson' s Restaurant and Andover Interiors, and this Agreement shall in no manner be construed as establishing any joint venture or enterprise by Thompson' s Restaurant and Andover Interiors. 5 . This Agreement shall remain in full force and effect until such time as the Agreement is terminated by either party upon ! ninety (90) days ' written notice in advance to the other party. Any such notice of termination shall be deemed given and delivered to the respective party upon delivery, in hand or by registered or certified mail, postage and registration or certification charges prepaid, addressed to the parties at the addresses set forth above , except that either party may, by written notice to the other, designate another address which shall thereupon become the effective address of such party for the purposes of this paragraph. 6 . All covenants, agreements, conditions and undertakings contained in this Agreement shall extend to and be binding upon the legal representatives, successors and assigns of the respective parties hereto. 7 . If any term or provision of this Agreement or the application thereof to any person, property or circumstance shall to any extent be invalid or unenforceable, the remaining terms and provisions shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. DY (� (03(2) • . y� /_ Y f i� 8 . This Agreement shall be cunstrued in accurdanca with the i laws of the Commonwealth of Massachusetts. IN WITNESS WHEREOF, the parties hereto have caused these _ presents to be executed on the day and year first above written, intending this document to take effect as a sealed instrument. THOMPSON'S RESTAURANT, INC. Stuart Thompson, Treasurer ANDOVER INTERIORS, INC. , d/b/a THE FURNITURE BARN By: M tt-,h; d1, kovakis, President I PE) (3) - r- TELEPHONE(508) 685-3546 An Ethan Allen Gallery THE FURNITURE BARN JUNcrtoN ROUTES 125 AND 114 Nowmi ANDOVER, NfAsswcxusE-rrs 01845 June 9, 1989 Thomsons Restaurant, inc. Mr. Stuart 'Phompson 4315 Andcver STreet North Andover, Massachusetts 01845 Re: Par'cing Agreement dated July 21, 1983 This agreement is to be terminated as of September 9, 1989 by the Putni ture Barn as ner Sect-.cn r cfthe abcve agreement. i4ait r i i i anage- .%dvver interiors, ir:".. zfl— T`e Barn Stuart Thcmpson ThcmDson's Restuarant tr v moi'j ,�`'✓j i AU6 -81991 - . WILLIS and WILLIS ATTORNEYS-AT-LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN J. WILLIS TELEPHONE 685-3551 JOHN J. WILLIS, JR. April 12, 1990 Mr. Robert Nicetta North Andover Building Inspector Town Hall Main Street North Andover, MA 01845 Re: Thompson's Restaurant, Inc. Property at: 435 Andover Street, North Andover, MA Renovations Dear Mr. Nicetta: Please be advised that Thompson's Restaurant, Inc. , is currently operating its property as a restaurant with parking provisions having been met under Variance granted to it on August 29, 1983, a copy of which Notice of Decision from the North Andover Board of Appeals you will find enclosed. As you will note, the decision of the Board require that a Parking Plan would be implemented upon the termination of a Written Lease with Andover Interiors, Inc. and the raising of a garage shown on the Plans which were filed with the Board of Appeals. A copy of the Parking Lease arrangement was addended to the decision. As of the present date, the Parking Lease Agreement is still fully in force and effect between the two parties, and so the Parking Plan, which was shown at that time, does not need to be implemented at this time for the property to continue its operation. There is at the present time, proposed renovations to be performed on the property which will cosmetically rearrange the interior of the restaurant portion of the building so as to accomodate a slightly different seating arrangement and change the decor to one more in keeping with a Chinese restaurant. In that connection, you will find with this letter, copies of the proposed plans showing the renovations to be under taken. The seating arrangement after the renovations will not create any additional seating capacity. This being the case, and there being no change in use or volume of use, the original Board of Appeals Decision would still be applicable to the proposed renovations. I would hope that 5 ii ero1,'r 4. i ek�'aaF+�7t��� � •. r i }t� 11 i {�M1};'rf. �:. eyv vi 7t' 6t7t h v a�'1 3yi T'dt it:� t� _4• � i. eR #'i�4f+l��' H /" -...�. r-1 4J 1 i 44 N \� .4�rT t' .. �I�ty i` j 't'1 O � ���•7! —jam 4 r r.. y�,t. 49 td4L,�.i��1 s .f13, ,•JI Y1 f IL =fit G i E >►, �t OIT 9 tf7M T e � a tts�������� � •� a �A '4) ' ; " ta3 �g p ! i �a go ♦i y�'f•t;-��. •tea �1 • F�J1 u' N rt c� y44a� A � � 4J 'W w aee (� • i ' t7 ` 44 �}YYS T ar�1)� � 1 zro FORM SRC65.74 �1 � (Ztnmut�anru�ett�# of �Rtt��ttrl �t �e#� )MJ�XITOWN OF NORTH ANDOVER A r In accordance.with the Massachusetts State Building Code, Section 108. 15, this "1M Vey' CERTIFICATE OF INSPECTION BERTUM IS RESTAURANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is issued to • • •pnemjzeZ . . . . .known as. . . B•en;tugW.,6. . . . . . . . . . . i (R,erYify that I have inspected the. . . • • • • • • • • • ' town Nan;zh ndoveh 435 Anda•ve!c Stnee . . . . . . . . . . .of• • • . .A . . . . . . . . . . . . . . . located at. . . . . . . . • • • ' • ' . .in the. . . County of. . . . . f.442••)� • • • • •Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: 184 BY S"rORY CapacityStory Capacity Story Capacity Story Capacity : • Story BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly • Place of Assembly or Structure Capacity Location or Structure Capacity Location . Fikzt F.2004 184 ' . : 2 8/9 3 V4'aZu2il�ng '�10/ 02/92 08/04 91 Certificate Number Date Certificate Issuedte Certificate Expires r s in the above information. The building official shall be notified within (Z0) days of any change • <1 FORM SBCC•S-74 . ' �tI222I2tuIttU.�M��� I1� tt,�,�ttr����r�#� XX'1t1xlTOWN OF NORTH ANDOVER In accordance with the 1•lassachusetts State Building Code, Section 108. 15, this CERTIFICATE 01. INSPECTION 0 is issued to TffOMPSON' S RESTAURANT, INC; . . . • . . . . . . . . . . . . .. . . . . . 1 I Res tal)ran t L.oun�,e. . . • .known as. . "Thomgson ' s" (�rl;I�l) than I have insnect2d the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435. Andover. Street t. . . . . . . . . . . . . . in the. . . town . . . . .or. . . ��?� t �� .�h.<1QVE'-.r . . . . . . . . . . . . . . . . . . 43 . . . . ; �SseX . . . . . . . ... :��: . . . . .:•7^.7):�c�;:,./l )i• ,..i:... ...'/::i..�.,..,,. iii.' �I. .. . . a:r'i.?'� ;i ►::�:.�ar �;' persons: BY STORY I Story Capacity Story Capacity Scor Cap,wi.ty Story Capacity Function Room 45 Cocktail, Lounge 25 Dining Room 110 ; , Greenhol.(se Lounge 10 : Sydnev Room 17 : : Hall an(I [oyer 37 J � Heritage Room 20 BY PLACE OF ASS1 "18LY QRS'CRlIC1'URG D?a e o Assembly Place of Assembly or Structure Capacity Location or Structure Capacity Location 1S _ Feb. 23 . 1989 December. 3.1. . 1980 C.;1' L2 lumber Date drt:j Care Issued L1'.'L2 -.,rri f iaat:e Expires Building d The building official shall be notified within (1.0) days of any changes in the above information. X3 L 1` B R I C K O V E N P I Z Z E R I A s 60 Cummings Park JOSEPH CRUGNALE Woburn, MA 01801 Phone: (617) 935-9700 FAX: (617) 932-8173 7i - 3 :.. ! i Lia tj It N '1, \� ch � 7 r � / G\Y r V rev�\ L �Ls•+tair�� '-� � Li s Lei 04 �r yA55: %iti=cv�s�' :' :'i;,. �n�.t>• ,. t � A11'i iii7dl''11'��t"��(!d x.. ., } . f t• . • , J�y k� !h �f tY,.. .f y a h biRt,tii'Ji.'LY ,1. :�?`•.f' I, ., r - 11 mai i u►. : cel r, bs•Lo? Zk• ,�w�r�t"t 't'�t �ff t.r !+ t i ���'''+'-����1�f l;e- ... yfj�-r� �f • � �i 1�1� It �1J�'t i• � t ��"`t�'"���tit'.�•.�° y 1, � �5<�� + � 1 1' it;�'' ` ' y ��� �'�`<..• i :�;4!!' ti'o,;..l' 207.39 l.0 11.55 vq ' i T I FTM i I I I FF om.. ra MIA ., 'a., SA aj 1 a , v -;Coo`J ! Al \\ A • / ! �11�' �\. '\� '"F umurruKr a.•t-ma.rr.•lano�re 41 j'��• t!�a.� 1 Iii h. I + •y \ •fin— .� T.V. N: J •, I ti � A• 7 r aY1-4gyp) o'8