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HomeMy WebLinkAboutMiscellaneous - 435 ANDOVER STREET 4/30/2018 (8) y x-135 6 ndoV (- s� 7 I O �" 1►� G% �//O/pGy� / QS Legal Notice TOWN OF NORTH ANDOVG71 BOARD OF APPEALS NOTICE NORTH 0 P 1- A �SSACHUS� .• . July 15,1983 " Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening the 8th day of August, 1983,at 7:30 o'clock to all par- ties interested in the appeal of " THOMPSON'S RESTAURANT, INC. requesting a variation of Section 7, Par. 7.3 and Table 2 and a variation of Section 8,Par, 8.1 and a Special Permit under Section 9, Par. 9.1 and 9:2 of the Zoning By Law so as to per- mit relief from the yard setback requirements, relief from the parking requirements and enlargement of a non- conforming structure to allow the construction of additions on the premises located at 435 Andover Street. By Order of the Board of Ap- peals. Rank Serio,Jr. Chairman Publish N.A. Citizen: July 21 and 28, 1983 125-590 Legal Notice TOWN OF NORTH ANDOVEP BOARO OF APPEALS NOTICE NORTH 1 OL O 4SSACHUS� July 15,1983 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening the 8th day of August, 1983,at 7:30 o'clock to all par- . ties interested in the appeal of THOMPSON'S RESTAURANT, , INC. requesting a variation of Section 7, Par. 7.3 and Table 2 and a variation of Section 8,Par, 8.1 and a Special Permit under Section 9, Par. 9.1 and 9:2 of the Zoning By Law so as to per- mit relief from the yard setback requirements, relief from the parking requirements and enlargement of a non- conforming structure to allow the construction of additions on the premises located at 435 Andover Street. By Order of the Board of Ap- peals. Frank Serio,Jr. Chairman Publish N.A. Citizen: July 21 and 28,1983 125-590 Legal Notice TOWN OF NORTA ANDOVER BOARD OF APPEALS NOTICE NORTH OE t�� e�tip • 3� a�'` OL O � .ACHUS� .. July 15,1983 " Notice is hereby given that the Board of Appeals .will give a hearing at the Town'Building, North Andover, on Monday evening the 8th day of August, 1983,at 7:30 o'clock to all par- , ties interested in the appeal of THOMPSON'S RESTAURANT, , INC. requesting a variation of Section 7, Par. 7.3 and Table 2 and a variation of Section 8,Par. 8.1 and a Special Permit under Section 9, Par. 9.1 and 9:2 of the Zoning By Law so as to per- mit relief from the yard setback requirements, relief from the parking requirements and enlargement of a non- conforming structure to allow the construction of additions on the premises located at 435 Andover Street. peB s Order of the Board of Ap- Frank Serio,Jr. Chairman Publish N.A. Citizen: July 21 and 28, 1983 125-590 1 July 15 , 1983 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building , "forth Andover , on Monday evening , I the 8th day of !august , 1983 at 7 : 30 o ' clock , to all parties interested in the appeal of THOMPSON ' S RESTAURANT , INC . re- questing a variation of Section 7 , Par . 7. 3 and Table 2 and Da variation of Section 8 , Par. 8. 1 and a Special Permit under Section 9 . Par. 9 . 1 and 9 .2 of the Zoning By Law so as to permit relief from the yard setback requirements , relief from the parking requirements and enlargement of a oon-conforming structure to allow the construction of additions on the premises located at 435 Andover Street . By Order of the Board of Appeals By : Frank Serio , Jr . , Chairman Publish : North Andover Citizen : July 21 and 28;, 1983 Send bill to : Thompson ' s RestaurantcInc . 435 Andover St. ' No . Andover , Glass . 1 � r $ 3 VC 116cr V i J b n j nrVr!; a ( f 0 , ,,ninsvL Lb5w n , isvm& ,' .`'It , `.1 AT , . r• ^. fi 2'.7fon ( r5 o_ ; anwo m 11 701 12UI,U, TO jGV 11, V - ci . . " Ir � T. " T.._,' �1 " lu :?j.,gcv o�' f nt '� �. .f �L7� N s l��3 : L I , J T , 1n (. . 7 . , .i l% � .L� ^ I ) j'y7 ( �} �� 1 )t� . � f� f .l .. j; n 11. 1 ^ 7 a ,nr ^ 0 ' an I . . . � -J , U ��l I J 7 _ 1. 1 .' -u • 1t. 'f A 7 � 91 t8S Knu IS Irv! ro, fm ^irVoaf:.' f';"i0;, .Elw, aA , 12nuiva!zr Gno r ...c w f i ll: 00 H Any appeal Shah be filed within .20) days after thn '•..-- � :�� date of filing of this J rOticg <<� - `C'�' ��' ,4� in the =, P�0 E r, �t ft +... 185.5,sq� u �,��, Office of the Town ►,.,;��' Clerk. AUGTOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . .August 29, 1983 Petition No.. . . .4 2.-.'.8.3. . . . . . . . . . . Date of Hearing.A u.gust• .8.,. . 19 8 3 Petition of . . . . .T H.0 M P.S 0 N.'.S. .R E S.T A U.R A N T ,.. .INC.. Premises affected . .4 3 5, .A n.d o v e r. .Street. . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Z o 9.i.n g. .5 y. L a w , Section 7 , Par . 7 . 3 and Table 2 and Section 8 ; Par . 8 . 1 . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit rel i of from the yard setback requirements and relief from the parking requi rements and a S.peci al Permit under S'ectT on '9', Par. 9 . 1 and 9 . 2 to, p,ermit the enlargement of a non -conforming structure , to allow' ttie construction of additions . After a public hearing given on the above date, the Board of Appeals voted to . . . ran t : the vares:i a n c. . . and S p e c i.a 1 Perm i t and hereby authorize the Building Inspector to issue a permit to . . . . .Tho.mps.on.'.s Restaurant , Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . for the construction of the above work, based upon the followuig conditions: 1 . That the parking plan will become effective upon the termination of the written lease with Andover Interiors , Inc . ; and that the garage shown on the plans be razed or removed prior to the issuance of an occupancy permit , Signed Frank Serio , .Jr . , Chairman . . . . . . . . . . . . . . . . . . . . . . . . . .Alfred. . E... .Fr.izel. le , Esg , Vice . Chairman %.Ri c.har.d . J . Trep.ani.er.,.. Es.q . , Clerk Wil.l.iam . J... . Sul 1ivan August.i. ne. . W... , Ni.Ci Arson. . . Board of Appeals Any 'appeal shall be filed within (20) days af�er the <i 1, °,,��•° '•;�"° date of fill �ppC, - �r7�� � ng of this Notice In the Office of the Town Clerk. AUG 39 PM °83 M o i ,SSACMUstt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 29 , 1983 Mr . Daniel Long , Town Clerk Thompson ' s Restaurant , Inc . Town Office Building 435 Andover Street North Andover , Mass . Petition No . 42- ' 83 Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening , August 8, 1983 upon the application of Thompson ' s Restaurant , Inc . The hearing was advertised in the North Andover Citizen on July 21 and 28 , 1983 and all abutters .were notified by regular mail . The following members were present and voting : Frank Serio , Jr . , Chairman ; Alfred E . Frizel1e , Esq . , Vice- Chairman ; Richard J . Trepanier , Esq . , Clerk ; William J . Sullivan; and Augustine W . Nickerson .. The petitioner seeks a variance of Section 7 , Paragraph 7 . 3 and Table 2 and Section 8 , Paragraph 8. 1 and a Special Permit under Section 9 , Paragraphs 9 . 1 and 9 .2 of the Zoning By Law so as to permit relief from the yard setback requirements , relief from the parking requirements , . and the enlargement of a non-conforming structure to allow the construdtion of additions on premises located at 435 Andover Street . Testimony through Mr. Stuart Thompson and his attorney revealed that the Special Permit is necessary to allow the expansion of a non-conforming structure , being a restaurant . Variances are necessary to allow relief from the setback requirements which cannot be met and for the number and size of the parking spaces on the premises . Proposed are the following : 1 . A lounge and function area , consisting of a green house room and seating approximately 16 people . 2 . A bar , seating 18 .people . 3 . A multi -purpose room to accomodate 56 people with a separate Thompson ' s Restaurant , Inc . 435 Andover StreetNOR i Petition No . 42- ' 83 Page 2 AUG '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. Anew kitchen entrance with prep area and receiving area dock , which involves moving the bake shop . The applicant further testified that he has an agreement with the adjacent Furniture Barn to provide additional parking . He is proposing 62 parking spaces on his premises , which re pre 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 Special Meeting held on Monday evening , August 22 , 1983 with the following members present and voting : Frank Serio , Jr. , Chairman ; Alfred E . Fri zelle , Esq . , Vice Chairman ; William J . Sullivan ; and Augustine W .. Nickerson . Upon a motion made by Mr . Frizelle and seconded by Mr . Sullivan , the Board voted unanimously to grant a variance from the pro - visions of Section 8 , Paragraph 8 . 1 , which will allow 86 parking spaces in place of the required one space for each three seats ; a variance from Section 8 , Paragraph 8 . 1 ( 6 ) to vary the size to allow 8 ' x 18 ' parking spaces . Each of the above- 8 . 1 and 8 . 1 ( 6 ) are subject to the condition that the parking plan will become effective upon the termination of the written lease with Andover Interiours , Inc . , which is 90 days after written notice to Thompson ' s Restaurant , 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 100 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 from the North Andover Building Inspector . In addition , a Special Permit under Section 9 , Paragraphs 9 . 1 and 9 . 2 is granted . tj Thompson ' s Restaurant , Inc . DA' ; 435 Andover Street TC',' Petition No . 42- ' 83 No R, �;ER Page 3 AUG 29 9 FM '03 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 or 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' By Law would involve a hardship to the petitioner , owing to the shape and size of the parcel . In addition , th,e 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 and 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 Frank Serio , Jr . , Chairman Jw 1 ( Plan to follow ) a. COPY, r PARKING AGREEMENT AGREEMENT made this i/s, day of ,l-IIy , 1983 , by and betweeh 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 T TERT_ORS, INC. , a Corporation duly organized under the laws of Xc- CeP;; enw6a' th of Massashuset cs-, doing business as "The Barn" , and having a principal ! place of business at 419 Andover Street, North Andover, Massachusetts (hereinafter referred to as "Andover Interiors") . I 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 j parties; 1 WHEREAS , the Deed of Thom-son' s Restaurant from George F. Thompson, dated Januar:- 2 , 1:49 and recorded with the Essex County North Registry c= Deeds at Book 706 , Page 553 , makes reference to the area�where the ^remises of each party abuts and provides that no fence or barrier of any nature or description shall be erected thereon, therebv permitting common use of the parking lots; and I WHEREAS , it has been common practice for Thompson' s Restaurant and Andover Interiors to use their respective barking 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 herebv agree as follows : 1 . The parkin_- lots of T:.c.=son' s Restaurant and complex and the parking lots of Andov-er Triter_ors and complex shall be considered as one ('+ ) Dark-L.na area for common use by be parties, and total Dar{_ng mor 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 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 I a 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 witheach '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, I customers , and employees so as to prevent any interference with N the efficient operation of t:.e other party' s business , which i 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 Thompscn' s Restaurant and Andover Interiors , and i this Acireement shall in no manner be construed as establishing � any -joint venture or enterprise by Thompson' s Restaurant and Andover Interiors. i 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 _repaid, addressed to the parties at the addresses set fort; above , except that either party may, by written notice to ' the other, designate another address which I shall thereupon become the effective address of such party for f the purposes of this paragraph. I i 6 . All covenants , agreements , co.^alit ans and undertakings i contained in this Agreement extend to and be binding upon the legal representatives , successors and assigns of the respective parties hereto. 7 . If any term or provision C.L. 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. i Lj (2) a n 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. ; THOMPSON'S RESTAURANT, INC. By: Stuart Thompson, Treasurer ���-�=�N jr ANDOVER INTERIORS, INC. , d/b/a I � f ! 1 ( THE FURNITURE BARN bi BY: %'/ M tthew kovakis , Presider.;. r (3) THOMPSON'S RESTAURANT INC LAND USE Address of property 435 Andover Street North Andover, MA 01845 _ Zoning -- General Business Set Backs -- Front 125f t Side 25f t Rear 35ft Allowed land use 35: Total Land area 35,560 sf X .35 Total Allowed use 12,446 sf Estimated space of Restaurant v th new additions Restaurant 100' X 63' - 6,300 sf Garage 24' X 24' - 576 sf Total Use 6,876 sf NOTES Garage is to be removed TELEPHONE(508) 685-3546 An Ethan AUen Gallery THE FURNITURE BARN JUNCr1ON ROUTES 125 AND 114 NORTH ANDOVER, MAssACHusL-m 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. 1i Manager Andover InLt�eriors, Inc. db- TEe Furnitua-e Barn "�- Stuart Thompson ThomDson's Restuarant Cc' SF AM -81991 o Al rJoSE/ Z �° y"rlL6E? rsf /: r4 CP1,D°P6 N G / /\ AOhl Q•1 t �I rI o -3' P oL) eNy(R� 8 � �r aEF ' G ' Pti ry 5r r p e��P p)0 ° 'A 14 42�e120 02 S do9- 6 -r XAKoVAK �S �� � �Eu/ It DEMISE YA ,Ko VAKlS /Rtj t-I� / NOQ,T-N A14OovE12- / I- � �51f1,4 V �L GARACE 2lMpvQo _ �� illy .-P2apnsc0 v �� I � I 7` tlh"'t-aj1. 1-11 11.1.1.1111 -+- N- 3 s `- 4 4'- s 6 w 7 O N/Nr rl '-f 7'/Z /e d eV /`/ O/1 R y C R o 4,1 -r- ,&-- A -r- F_-A LT� !S/ 14^ 06vBR 57-2E47• NoQ7// /SND oVER_ 14 /VO A 1Vz9 0 VL-"2,1 7A S S. -V f--'v 's y 7- 14 0 -5 o lv '-5 IR ,6-5 7-A ORA lV7" 1-/Vc. C ALE 0' c. /Ares SN LAAJ-> -50R- VAYO2S: A o Gus 7— 19 8 .3 7-A/u A-A1j A C- V 6 - 3 40 p /00 goo fl, j in .nmfc,md, �jl. 11w �mv-rwm- rinrtl,,. 14ovS nf I, V.(IYI :"."" lis' mid line% !()' n1 off I'll 01—"' 140 /V o/z r 14 AND v v--,e 0 A&D or APPEALS ri L- p 1 0A-Y6'— 7 6 t: ;� v'o A-r,05- C,p- 1 0 7- C 6 V—& R A&-c y jr A u14i7j"j', 424oxcr.xr. 10/7 o A't-.f,'O A nv11r-oA/ 6 7 AL 7-07-AL fPA.C&S i 'Rec*A'VV d� by Town Clerk : . w Date : - p,EE' Er' �TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Time : [11.; S,cMustt Noti�ce,- T-hi s application must be typewritten APPLI4A-A%N FOR 'RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Thompson's Restaurant, Inc. Address 435 Andover St. , No.. Andover, MA . 1 . Application is hereby made ( a ) For a variance from the requirements of Section 7 Paragraph 7.3 and Table 2 of the Zoning By-Laws . 8 8.1 ( b ) For a Special Permit under Section 9 Paragraphs 9.1&9:2of the Zoning By-Laws . 2 . ( a) Premises affected are land x and building(s ) x numbered 435 Andover Street . ��tti h- ---}-- as - --�---We s - -- -�a-dam-ate-------------------------------- �-�r�et;end- e -as- o------------------------------------------S-trgZ-t,. ( c) Premises affected are in Zoning District GB , and the premises - - -- a-f-f e-c t-e-d -have--a-n--are a----o-f-355 5-6-0---- -a-q ti-a re- feet-a-n-d—f r-ort-a _o-f-- - Total: 542.49 square feet . this is—a corner lot: Andover Street Frontage (Rt. 1 ; a ias: 74.99' ; Turnpike Street Frontage: (Rte. 114) : 2801) . 3. Ownership ( a,) Name and address of owner ( if joint ownership , give all names ) : Thompson's Restaurant, Inc. Date of purchase Jan.' 2, 1948 Previous- Owner George F. Thompson (b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other ( explain ) addition to existing building: 4. Size of proposed front ; feet deep ; 1991 square feet. Height : 2 stories ; feet. (no increase) . ( a ) Approximate date of erection : Upon Approval ( b ) Occupancy or use of each floor : Restaurant (c ) Type of construction : Frame. 5 . Size of existing building : 65 feet front ; 60 feet deep ; Height : 2 stories ; feet . ( a ) Approximate date of erection : 1941 ( b ) Occupancy or use of each floor : Restaurant (c) Type of construction : Frame. 6 . Has there been a previous appeal , under zoning , on these premises ? No. If so , when? 7. Description of relief sought on this petition See additional Sheet "A". 8. Deed recorded in the Registry of Deeds in Book 706 Page 553 or Land'.-Court Certificate No. Book Page The principal points upon which I base my application are as follows : (Must be stated in detail ) See additional Sheet "B" I a ee to pay for advertising in newspaper and incidental expenses* /VGzj ` Petitioner ' s Signature Richard G. Asoian, Attorney for Thompson's Restaurant, Inc. Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. -These -forms shall be furnished by the clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be furnis e—d--Ey the app ci ani--- in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner , abutters , owners of land directly opposite on any public or private street or way , and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list , notwithstanding that the land of any such owner is located in another city or 'town , the Planning Board of the city or town , and the Planning Board of every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25 . 00 . In addition , the petitioner shall be respon - sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address See attached list. ( Use additional sheets if necessary) r "All DESCRIPTION OF RELIEF SOUGHT ON THIS PETITION (i) Variance from Section 7, Paragraph 7.3, yard set back requirements, so as to allow construction of proposed additions as shown on Plan and as described in Narrative attached hereto; (ii) Variance from parking requirements of Section 8, Paragraph 8.1, as shown on Plan; and (iii) Special Permit under Section 9, Paragraphs 9.1 and 9.2 so as to allow construction of proposed additions as shown on Plan and as described in Narrative attached hereto. t �r "B" BASIS OF APPLICATION In order to continue proper and efficient operation of the Restaurant, the applicant finds it necessary to revitalize, improve and augment the current facilities. If the Zoning By-Law is literally enforced and the applicant is unable to construct the proposed improvements the applicant will suffer a financial hardship. This financial hardship is directly owing to circumstances relating to the topography of the land and the size and shape of the lot, which is a triangular- shaped corner lot. This combination of physical features especially affects the applicant's premises, but clearly does not generally affect the General Zoning District. The improvements described on the attached Narrative and shown on the Plan will only increase the coverage of the lot from 12.85% to 18.45%, well below the allowed coverage limit of thirty-five (35%) percent. The proposed additions and revitalization of the building will clearly improve the property, the General Business Zoning District, and the Town in general, all without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. i • .Y ' h •1• WILSON'S CORNER 435 ANDOVER STREET NORTH ANDOVER. MASS. 01843 JCT. ROUTES 114 AND 125 TEL. 686-4309 EXPANSION OF THOMPSON'S RESTAURANT INC, The below explanation of the planned expansion of Thompson's Restaurant is a result of an extensive study performed by the management of Thompson's with the assistance of the following architects and interior design companies. EXTERIOR DESIGN OF THE BUILDING Architect Eric Brainerd of Andover. This local architect has designed numerous buildings all over New England including many in our local area. Mr. Brainerd has an astute appreciation for local building. He was primarily selected for his ability to blend new and old structures together, thus providing Thompson's and the town of North Andover with a building to be proud of. INTERIOR DESIGN OF THE BUILDING Paul R. DuCharme Interiors. Designer/Architect Paul DuCharme has designed for several of the largest hotels and restaurants throughout the world. His extensive experience adds great creditability to our proposed concepts and designs. The following items are needed for this renovation to be a complete package. 1) ADD LOUNGE, AND FUNCTION AREAS TO INCLUDE THREE ROOMS, a.Small greenhouse seating area. b.Bar area c.Multipurpose room for meetings or functions. 2) ADD TWO SMALL PRIVATE DINING ROOMS. 3) ADD NEW FOYER AND MOVE PRESENT FRONT ENTRANCE. 4) ADD NEW RESTROOMS, ALSO UNISEX HANDICAPPED RESTROOM. S) ENLARGE KITCHEN. 6) ADD A NEW KITCHEN ENTRANCE TO INCLUDE A PREP AREA AND RECEIVING DOCK r REASONS WHY THESE FACILITIES ARE NEEDED 1) LOUNGE AND FUNCTION AREA: Restaurants the caliber of Thompson's are built with or have available, lounge and function facilities. With the competition drawing larger crowds with these extra features, we at Thompson's are at a stalemate. We either add the lounge and function facility or watch our growth even out and start to decline. The lounge facility will consist of a green house room, all windows with a garden atmosphere seating about 16 people. The next area is the bar. This area will seat 18 people with both stools and chairs. Beyond the bar is a multi purpose room which will accommodate 56 people as a meeting room or function room. 2) ADD TWO SMALL PRIVATE DINING ROOMS: The reason is threefold. First, the front of the building must be squared off in order to make the building look attractive with the planned expansion. Second, the expansion will cause some of the seating in the dining room to be lost, these small rooms will make up for this. Third, one room will utilize the present foyer which will become obsolete with the planned new foyer. The two rooms will seat 12 people each and can be used for general dining or private meeting rooms. 3) ADD NEW FOYER AND MOVE THE FRONT ENTRANCE: This new entrance area will allow for a smooth traffic flow between all major areas of the restaurant. The most significant improvement will be that quests will now have access to both the restrooms and coatroom areas before entering the main dining room or function areas. Incorporated in this new area will be the necessary upgrades for the accommodation of the handicapped. 4) ADD NEW REST ROOMS TO INCLUDE A PRIVATE UNISEX RESTROOM: A handicapped facility is planned on the main level for use by lounge and restaurant patrons. This room will be unisex so a spouse or opposite sex friend or relative may help the individual if they so need. The present restrooms could not be utilized by the planned lounge and function facility. The size of the present facilities are to small and location is a problem. Rather than plan separate facilities for the restaurant and the lounge, new, larger rest rooms will be constructed on the lower level under the new main entrance foyer, to be used by both the lounge and restaurant patrons. . r 5) ENLARGE KITCHEN The reason is twofold: First, the present kitchen must be enlarged and the traffic flow rerouted in order for the new facilities to be added and run off the same kitchen as the restaurant. Second, the area where the expansion is to take place is a back alcove which is not very attractive. The addition squares off this alcove to create clean lines for the architect to work with when he refurbishes the entire building. Although this small addition approaches within nine (9) feet of the property line. The current building stands only six (6) feet from said property line. There presently stands in this area a large incinerator, which can no longer be used and a trash dumpster. The incinerator would be dismantled and the dumpster moved to a less obtrusive location. This should greatly improve the appearance of the route 125 side of the building. 6) ADD NEW KITCHEN ENTRANCE WITH PREP AREA AND RECEIVING AREA DOCK Due to the changes made in the kitchen a new rear entrance will be needed. Included in this area will be a new prep area to be used with the new funtion area. A more organized system of delivery will be needed with the planned expansion. A receiving dock in the rear of the building with access to the kitchen level and a dumbwaiter for access to the storerooms on the lower level will bring about a safer, more organized system, and solve a 40 year problem of lugging stock up and down stairs. This addition will approach only fifteen (15) feet from the property line which again is less than the current building is now located. • SUMMARY 1 . With the current kitchen located in the back of the building, the only other alternative would be to cut into the present dining room. This would require extensive building and renovation expense. 2. It has been estimated that any system other than squaring up the present building would increase cost almost three (3) times. 3. The esthetics of the building would not be as pleasing if we expanded in the front area. Thompson's is at the gateway to North Andover and we feel that a very high priority must be placed on keeping the building and general area pleasing to view. 4. Expanding the front area would not eliminate the less than attractive area of the building on the route 125 side. The next area of concern would be the Furniture Barn Complex. The complex has already expanded to the current limit as allowed by zoning, (35% land use). There is also a provision in our deed stating there must be an open area between the buildings to allow for traffic and service vechicles. The new building would be no closer than the current structure to either our property line or the Furniture Barns building. Our new areas would have no adverse effect on the Furniture Barn, and in fact they support the improvements. The renovation will also include a complete face lift on the current building, which will be a great improvment to the esthetics of the area. AIA J �- vSoo Luc, S . /-GI %��,Pk-Ke '54 3 't�az' I `0CK �oc� !V �'(� Q L me ars S� e seed M- I L� p9z�e« S�• �l . n��ve'� M Or 018 1S No�o��.3 5-6 AJ- OrLgv MA (VoL �� 'i��c.`nc�.�d/ Qd� � l� ��cr�UCe S� lV. v►d� OvJ6 4J.,cs Sz/7-) A4VOLC kcQ Sc�,�c e Keo,l T QST: G/p L L !V- A-xl Suv-K�t�6r / z33 6-t' �t - at I� W\OAC'Vc( va K ifv-MA I o �- ad=bk,_�: 9 WILSON'S CORNER 435 ANDOVER STREET NORTH ANDOVER. MASS. 01845 .ICT. ROUTES 114 AND 125 TEL. 686-4309 August 9, 1983 Board of Appeals ATTENTION: Ms. Jean White 120 Main Street North Andover, MA 01845 Dear Ms. White: As per your request, the enclosed material is the text of my presentation before the Board of Appeals on Monday, August 8, 1983. If you need additional information please feel free to contact me. Very truly yours, .,84;r T' Stuart Thompson, General Manager ST/pal Enclosure Pc cr 1 Q 6 9 WILSON'S CORNER 435 ANDOVER STREET NORTH ANDOVER. MASS. 01845 JCT. ROUTss 114 AND 125 TEL. 686-4309 Gentlemen of the Board As introduced by Attorney Asoian, I am Stuart Thompson and I am presently General Manager and Treasurer of Thompson's Restaurant. I am the third generation of Thompson's to run the restaurant since its inception in 1941 . I would like to present to you a brief chronicle of the restaurant, its current statis and its plan for this project. In 1941 my Grandfather and Father started Thompson's with a simple idea. Serve top quality food in pleasant surroundings at reasonable prices. Up until now that idea has worked fairly well. However, to compete in today's restaurant climate it is no longer enough. Over the past 6 years we have redecorated, re-equipped, modernized, computerized, and run various promotions and yet our growth has remained marginal. As you all know, business must have growth to survive and that lack of growth in our case is due mainly to two major ingredients that every upscale restaurant has today: and that is lounge and function room space. If you look at any restaurant in our class such as the Rernwood and Town Line Restaurants of Lynnfield, the Hardcover and Century House of Peabody and even Bishops of Lawrence: they all have upscale lounges and function rooms. You will note the named restaurants are "full service" restaurants. They provide fine dining, lounge and function service for small gatherings be they business or social. They are not bars that serve food solely to disguise themselves from being called a bar. Thompson's Restaurant places itself with these highly respected "full service" establishments. Our new and regular patrons expect it; our business clientel demands it and shear competition requires we have these facilities. Daily requests are made for private meetings & social functions Plus the majority of patrons we serve expect us to have a lounge! In relation to this the National Restaurant Association recommends people currently building our level of restaurant to have a ratio of 60/40 dining room - lounge space: the dining space to include function & VIP dining rooms. At a recent restaurant seminar in Dallas, TX it was strongly recommended that any restaurant not having such facilities would not survive in the 1990's. This very week the people from Mobile Guide were in to rate us. After they had their meal and we had a brief meeting, they clearly indicated that if we had lounge and function space we would easily be rated one star higher than our current rating. t t t ?] 3i �7') )3 ' a. "J ' -t � ti 1 ' •jr} 1 t I,.,T ? � I �7 7 , 1 O The renovation itself will include the following: The building will be designed by local Architact Eric Brainerd of Andover who is with us this evening. Having designed numerous buildings all over New England including many in our local area, he was primarily selected for his ability to blend new and old structures together, thus providing Thompson's and the Town of North Andover with a building to be proud of. The interior design of the building will be done by Designer/Architect Paul DuCharme who has designed for several of the largest hotels and restaurants throughout the world and his extensive experience adds great creditability to our proposed concepts and designs. The following areas and their use are needed as part of a total concept and none may be removed for the project to be a success. (see notes) z 01 n n 7 ::.� 7 Y ' un UC :l w r n. - I . % On vu aj 2u r u t -Gen V01 lu 'l 1 . 37 P1 7 '; 7i ' v u% ,. n _ 03 ' f .. LL -'�- - - X' G 9n. 17 0•,1: 7 I ;' o". _ _ :ilL 'jud 0 1) LOUNGE AND FUNCTION AREA: The lounge facility will consist of a green house room, all windows with a garden atmosphere seating about 16 people. The next area is the bar. This area will seat 18 people with both stools and chairs. Beyond the bar is a multi purpose room which will accommodate 56 people as a meeting room or function room. 2) ADD TWO SMALL PRIVATE DINING ROOMS: The reason is threefold. First, the front of the building must be squared off in order to make the building look attractive with the planned expansion. Second, the expansion will cause some of the seating in the dining room to be lost, these small rooms will make up for this. Third, one room will utilize the present foyer which will become obsolete with the planned new foyer. The two rooms will seat 12 people each and can be used for general dining or private meeting rooms. 3) ADD NEW FOYER AND MOVE THE FRONT ENTRANCE: This new entrance area will allow for a smooth traffic flow between all major areas of the restaurant. The most significant improvement will be that guests will now have access to both the restrooms and coatroom areas before entering the main dining room or function areas. Incorporated in this new area will be the necessary upgrades for the accommodation of the handicapped. 4) ADD NEW REST ROOMS TO INCLUDE A PRIVATE UNISEX RESTROOM: A handicapped facility is planned on the main level for use by lounge and restaurant patrons. This room will be unisex so a spouse or opposite sex friend or relative may help the individual if they so need. The present restrooms could not be utilized by the planned lounge and function facility. The size of the present facilities are to small and location is a problem. Rather than plan separate facilities for the restaurant and the lounge, new, larger rest rooms will be constructed on the lower level under the new main entrance foyer, to be used by both the lounge and restaurant patrons. f•1,j. 11, U,: �.0 ;.lr c�°r� JI { ji j.'. 11�;U it 711; S JC jUt: OCJ%' :liG LO 2 1'. 2C,:i ! °, LG:LT u'C. Q C GJ 2C,C CT. (,U L j GT-IT t } 6L- C _ 0- '•):.' C I)= O:.GCX G: C 'CfG ` CU UC, u'; U i ( °l OLCIL1 U6' Z: ..0LOOL.R ,," T :..`J.. rL :C ,L' iUTCC OU L .,W T: T IS ?CGOIJOf cL;E;1 VT1 GCf72' -, CIJG Ci tLG [,"UC 'Uri TU LG U Uri wGC j=C PG T n.:Ej rO `Jif, f::G t7i" CTI: 1 I: - iT_ i. .-! C CUE _LL b :2-- Ob jUC :Gu j.: is GTO' «G°' T LCU c G C, U !r LGU . 5) ENLARGE KITCHEN The reason is twofold: First, the present kitchen must be enlarged and the traffic flow rerouted in order for the new facilities to be added and run off the same kitchen as the restaurant. Second, the area where the expansion is to take place is a back alcove which is not very attractive. The addition squares off this alcove to create clean lines for the architect to work with when he refurbishes the entire building. Although this small addition approaches within nine (9) feet of the property line. The current building stands only six (6) feet from said property line. There presently stands in this area a large incinerator, which can no longer be used and a trash dumpster. The incinerator would be dismantled and the dumpster moved to a less obtrusive location. This should greatly improve the appearance of the route 125 side of the building. 6) ADD NEW KITCHEN ENTRANCE WITH PREP AREA AND RECEIVING AREA DOCK Due to the changes made in the kitchen a new rear entrance will be needed. Included in this area will be a new prep area to be used with the new funtion area. A more organized system of delivery will be needed with the planned expansion. A receiving dock in the rear of the building with access to the kitchen level and a dumbwaiter for access to the storerooms on the lower level will bring about a safer, more organized system, and solve a 40 year problem of lugging stock up and down stairs. This addition will approach only twelve (12) feet from the property line which again is less than the current building is now located. �L ELM U TZ 11 L LU;, CUL I UW T ' - is Ute: , 7 7 ; AZT 1 f Tr Ll Dnp go rL c; 71 C _ LCCC . L Li 7 [Cl CL 1 Z iCS! CDjl' 7CC AIT ;G LGCCLr ' 2) LTr nPh r FI.V r � SUMMARY The restaurant could possibly expand on both sides and to the front without requiring a zoning variance. This approach however is both economically and esthetically unsound for the following reasons. 1. With the current kitchen located in the back of the building, the only other alternative would be to cut into the present dining room. This would require extensive building and renovation expense. 2. It has been estimated that any system other than squaring up the present building would increase cost almost three (3) times. 3. The esthetics of the building would not be as pleasing if we expanded in the front area. Thompson's is at the gateway to North Andover and we feel that a very high priority must be placed on keeping the building and general area pleasing to view. 4. Expanding the front area would not eliminate the less than attractive area of the building on the route 125 side. a � t3::9 i l ?( i Cf 'r) 7 J!1 h l in,. f1 1-1c n'r i r I realize that this Board sees many outside people coming to town with projects. They talk about helping the Town - many do, but many also build leaving their problems behind and are never seen again. Well, I live in town, my business is here, my wife practices medicine in the area and we have no intentions of leaving. Thompson's currently employs 57 people: 23 of whom live in town and the rest live nearby. These people are important to us and the money they feed into the economy is important to all of us. Many of these people have worked all thier lives at Thompson's Restaurant. I feel we have a duty to provide these people with a stable work environment well into the next century. In closing When my Grandfather and Father started Thompson's Restaurant in 1941 , there was very little in our area: No shopping center, no office buildings, not even Merrimack College. It is now necessary for us to expand. It is now necessary for North Andover to have a full service upscale restaurant it can be proud of. Thank you. ! ?L3 '!:, .0 07 CIE;I rTWO ,flT ^ ' JU f c j 332 07^ Q D`r 7 n 7 7 + r)Jr' -n "i. 77 1, r. 7 J L-1 rT -O r ASOIAN TU LLY ATTORNEYS AT LAW 12 ESSEX STREET POST OFFICE BOX 31 ANDOVER, MASSACHUSETTS 01810 RICHARD G.ASOIAN - ANDOVER (617)475-9100 MARK E.TULLY BOSTON (617) 942-0932 ROBERT W.LAVOIE AARON A.GILMAN August 16 , 1983 flaT Frank Serio Chairman © Q Board of Appeals Town Hall North Andover, MA 01845 RE: PROPOSED PARKING PLAN FOR THOMPSON' S RESTAURANT, INC. Dear Mr. Serio: Pursuant to our telephone discussions, enclosed herewith please find revised Parking Plan prepared by Eric I . Braynard, Registered Architect. Please note that the proposed parking spaces have been reduced in size from 9 ' x 181 , as required in the North Andover Zoning By-Laws, to a size of 8 ' x 181 . The acceptance of this Plan would require a Variance of the North Andover Parking Regulations as set forth in your Zoning By-Laws. In light of the fact that Thompson' s Restaurant, Inc. does currently have a signed Parking Agreement with the Furniture Barn, which owns the Parcel of real estate to the north of the Parcel in question, it would seem that the implementation of the proposed Parking Plan as it appears on the enclosed Plan, would not be necessary or desirable, unless the said Parking Agreement with the Furniture Barn was terminated by the Furniture Barn invoking its ninety (90) day cancellation clause. The parking currently available on the Furniture Barn property and the Thompson' s Restaurant property would be equal to or in excess of the eighty-six (86) spaces provided in the proposed Parking Plan enclosed herewith, and the spaces would be 9 ' x 18 ' in size. It would seem appropriate that any affirmative action by the Board of Appeals in regard to Thompson' s Restaurant, Inc. ' s Petition would require the implementation of the proposed Parking Plan only in the event the Parking Agreement were terminated. In regard to the garage which currently stradles the Thompson' s Restaurant, Inc. property line and the Furniture Barn property line, we would request that your decision allow Thompson' s Restaurant, Inc. to retain the garage, as is, until Frank Serio, Chairman Board of Appeals (2) August 16, 1983 such time as the final Occupancy Permit is granted by the Town of North Andover for use of the expanded restaurant and lounge area facility. This is necessitated by the fact that much of the equipment and furniture for the new restaurant and lounge area will be arriving before the new premises will be suitable for storing such furniture and it will be necessary to provide an adequate, safe storage facility for all such furniture and equipment. As soon as the final Occupancy Permit is granted, the garage will be immediately razed. Please advise me as to the date when this matter will be discussed by the Board of Appeals. If I can provide any further information to the Board of Appeals relative to the Petition of Thompson' s Restaurant, Inc. , please contact me at your earliest convenience. Very truly yours, Richard G. Asoian RGA:pam Enclosure TELEPHONE 685-8546 Your Ethan Allen Gallery THE FURNITURE BARN, INC. JUNCTION ROUTES 125 AND 114 NORTH ANDOVER, MASSACHUSETTS 01845 August 8 , 1983 To Whom It May Concern: The Furniture Barn is in complete agreement with the purposed project of Thompson's Restraunt. The addition will be an asset to the area. The Furniture Barn Walter M. Kimball II Manager NORTH F 9 a t 1 � ,SSACNUStA TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO Members Sullivan and Nickerson FROM Jean White SUBJECT: Revised plan - Thompson ' s Restaurant DATE September 20 ,1983 The Board of Appeals reviewed the revised plans submitted by Thompson ' s Restaurant at last night ' s meeting . The three other members who sat on that hearing signed the plans and they now require your signatures . I will leave the plan out on my counter so that you can stop in at your convenience to sign it . Thank you . Jeannie Note : The office will be open on Monday evening , September 26th if this is. more convenient for you . —� WILSON'S CORNER 435 ANDOVER STREET NORTH ANDOVER. MASS. 01845 .ICT. ROUTE! 114 AND 125 TEL. 686-4309 September 13, 1983 Frank Serio, Jr. , Chairman Town of North Andover Board of Appeals 120 Main Street North Andover, MA 01845 Dear Mr. Serio: The enclosed plans (8 copies, 1 original) are the revised plans for our project showing the updated parking arraingment. If you need any further information please feel free to contact me. Very truly yours, Stuart Thompson, General Manager ST/pal Enclosures 9 t i ov `