The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - Bertucci ParkingR r- iii Y 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN of,HORrh 9 TELEPHONE 682-6483 �9SSACHUSE�� 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 TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN NORTh OF�111, 3= e_ �.'• OL TELEPHONE 682-6483 • i �y. M �9SSA USEt 5 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 BertucciIs Common Victualler Is 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 NOTICF Oi D,:CISION Any Ippea; ;hull be flied within 120; days nftor th? date of filir;� of this NoticC in the Oifire of the Town Clerk. Date...�,:,gust 'etitiun No.....'. .' Dete of Hearing.Au.9u S.t..8 , .1.9.83 Petition of ..... TH.0MRS 0N,,S. RcSIMP. RAN.F, 11C. Prete$ affected ..�t 3 5.. A n.d o v e. r.."'t r.e et ..... ....................................... Referring to the abova petition for i-;ariat on from the requirements of the . Zonj n ti 13y. . L a w Section 7, Par. 7,3 and table 2 acrd'LtIorl 8, Par. 8.1 . ... ........ so as to permit.rejief frcm ti' yard Se`bark-eq uiremonts and reIiefrom the parking requi r2n.�nts and a peri :l fsermi t un,,er*S'po=iio.", Par. 9.1 and 9.2 i;o oernit the ?nlarger;,.it of a non -conforming strr;cture, to al iow' the 'const-ructio i of a d d i .ions . After a public hearing given on tare aho•ie date, the Rnord of AppeaLs voted to .. G r n t ti, f, variances a e d Special Permit and h -reby authorri :e the Building Inspector tc ;ue a permit to .. Thomps.un's P,esl. ur,nt., Inc. for the eo^.et.ruction of tbe ^.cd !ir -' i the f-Inwinh conditions: 1 That the parking pl..,. :,ill ';-`f.''o C I[!tive, ij'on t i:ion of the written lease ..,! t!' !''.nc'.(:ver In Luriors, Inc. , dna thd,, *!'F !„rage shown on the plans i;„ !-fired o. rer:ov2d prinr to the i ;;�:,.: �e ,t an occupancy pe rani t . Signrd Frank peri o, Jr. , Cha i r:r n Alfred) F. Frizelle: E.s.q.� Vi :,c `',,,irman Ou "c.hard J. Trepa.nier, Es.qClerk VI 1 1 i are. J.,.. S,ul l i.van . Augustine 14...N.icIr: erson Board of Arpeals . o. To,WT,'' AUG �9 183 �8 PH TOWN OF NOF iH ANDOVER MASSACIIUSE'1 CU BOARD Of APPEALS NOTICF Oi D,:CISION Any Ippea; ;hull be flied within 120; days nftor th? date of filir;� of this NoticC in the Oifire of the Town Clerk. Date...�,:,gust 'etitiun No.....'. .' Dete of Hearing.Au.9u S.t..8 , .1.9.83 Petition of ..... TH.0MRS 0N,,S. RcSIMP. RAN.F, 11C. Prete$ affected ..�t 3 5.. A n.d o v e. r.."'t r.e et ..... ....................................... Referring to the abova petition for i-;ariat on from the requirements of the . Zonj n ti 13y. . L a w Section 7, Par. 7,3 and table 2 acrd'LtIorl 8, Par. 8.1 . ... ........ so as to permit.rejief frcm ti' yard Se`bark-eq uiremonts and reIiefrom the parking requi r2n.�nts and a peri :l fsermi t un,,er*S'po=iio.", Par. 9.1 and 9.2 i;o oernit the ?nlarger;,.it of a non -conforming strr;cture, to al iow' the 'const-ructio i of a d d i .ions . After a public hearing given on tare aho•ie date, the Rnord of AppeaLs voted to .. G r n t ti, f, variances a e d Special Permit and h -reby authorri :e the Building Inspector tc ;ue a permit to .. Thomps.un's P,esl. ur,nt., Inc. for the eo^.et.ruction of tbe ^.cd !ir -' i the f-Inwinh conditions: 1 That the parking pl..,. :,ill ';-`f.''o C I[!tive, ij'on t i:ion of the written lease ..,! t!' !''.nc'.(:ver In Luriors, Inc. , dna thd,, *!'F !„rage shown on the plans i;„ !-fired o. rer:ov2d prinr to the i ;;�:,.: �e ,t an occupancy pe rani t . Signrd Frank peri o, Jr. , Cha i r:r n Alfred) F. Frizelle: E.s.q.� Vi :,c `',,,irman Ou "c.hard J. Trepa.nier, Es.qClerk VI 1 1 i are. J.,.. S,ul l i.van . Augustine 14...N.icIr: erson Board of Arpeals nRLCCiYrp Any appeal sha!I be file( UN1, �1'�If O�T1y with(, (20) days after t �� o date of filing of this Notic. P10Ri�'. If.�trit in the Office of. the To» Auc Z9 1 39 °M r83 -; Clerk. ,x ,,. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARi7 OF APPEALS Mr. Daniel Long, Town Clerk Town Office 3uil,iing North Andover, '4ass. Dear Mr. Long: August e^9, 1983 Thompson's Restaurant, Jnc. 435 Andover Street Petition No. 42-'83 The Board of Appeals held ,, public hea ri nn' on Monday evening, August 8, 1983 upon the application of Thon;:)son's Restaurant, Inc. The hearing was advertised in the North Ardover Citizen on July 21 and. 28, 1983 and allabutters were notified by regular mail. The follov,,ng members were present: and voting: Frank Serio, Jr., Chairr;in; Alfred E. Frizelle, Esq., Vice - Chairman; Richard J. Tr-panier, Esq., Clerk; William J. Sullivan; and Augu.`ine W. Nickerson. The petitioner _-e k:, a variance of S(-ction T, Paragraph 7.3 and Table 2 a!rd Secti on 8, Paragraph 8.. 1 and a Speci al Permi t under Section 9, Paragrap`rs 9.1 and 3.2 of h:e Zoniny By Law so as to permit relic! from, the yari setback re qui rer;;ents, reg i e f `rr):n f p'rt •,y r qui repents , and the enl ar•geinent of a non -cont(:. ,r y stru ,l':,„ trio rorstvu'fion of additions on pr',rr.",-s l,-cat,,d at 4.35 Andover Street. testimony t' rough Xr. St�.art Thomison and his attorney revealed that the `pecial Permit is necessary to allow the expansion of a non (informing structure, being a restaurant. Variances are necessary to allow relief from the setback requirefl.en.ts which cannot be met and for the numher and size of the parking spaces on the. prerises. Proposed are the fol 1owing: 1. A lounge+ and function area, consisting of a greenhouse room and seating approximately:16 people. 2. A bar, sea L , nor 13 people. .3. A multi-purpose room to accomodate 56. people with a separate, Thompson's Restaurant, Inc. 435 Andover Street Petition No. 42-'83 Page 2 4. COPY entrance. AUG 29 ( �,)9 FM '03 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 pdock, whic.h involves moving thepbakeashop receiving area The. applicant further testified that: he has an agreement with the adjacent Fur.nif'ure Barn to provide additional parking. He is proposing 62 parking .;paces on his premises, which repre- sents 26 .fewer than are required by "fie 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 S held on Monday evening, August 22, 1583 with the 1fol ]owal inggmembers present and voting: Frank Serio Jr. Chairiian; Alfred E. Frizelle, Esq., Vice Chairman; William J. Sullivan; and Augustine W. Nickerso . Upon a motion made by i11,. Frizelle and seconded byitr. `:ullivan, the Board voted unanimously to grant a variance from the pro_ visions of Section 8, Paragraph 8.1 spaces in p"a,�% f which gill allow °6 parking L , r?qui red one s; .ice for each three seat, ; n variance from 52cti 8, Par:gra)h 3.1 {o) (o vary the size to allow 8 x 18 parL n� spac,,s Each of the above 3.1 and fi 1 (b) are subject t0 the condit;on th•.lt tine become effective a on the parking plan will P _ termination of the t•rritten 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 i 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 tlle 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 i:; granted. Thompson's Restaurant, 435 Andover Street Petition.No. 42-183 Page 3 N Inc. r NOi'. cR P, Auc 29 1 39 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 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'Dy 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 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. j Sincerely, O D BOARD OF APPEALS Frank,Serio, Jr., Chairman (flan to follow) 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 Total Allowed use 12,446 sf Estimated space of Restaurant with new additions Restaurant 100' X 63' - 6,300 sf Garage 24' A 24' - 576 sf Total Use 6,876 sf NOTES Garage is to be removed I, George F. Thompsoi, of'North Andover, Essex County, Massachusetts, being married, for consideration paid, grant to Thompson's Restaurant Inc..of North Andover, a corporation doing business under the statute! of the Commonwealth of Massachusetts, of North Andover with QUITCLAIM covenants a certain parcel of land with the buildings therson,situete in North Andover and BOUNDED and described as follows: Beginning at a .stone bound on the Salon Turnpike, so called, and then running Northerly 35 - 44' - 55" West, two hundred eighty (280) feet to a _point; thence in an Easterly direction, two hundred ninety five and __I 53/100 (295.53) feet by other land of Ethel M. Freeman to Andover 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 35,567.4 square feet; being part of Lot twelve (12) as shown on a Plar of land in North Andover, Massachusetts for Ethel M. Freeman, P. C. Dan£orth,,Surveyor, said plan being dated November 9, 1939, and re- corded in yhe Essex North Registry of Deeds, and being plan number 1236. Together with the right to use for all usual purposes that cer� 'ain 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 deaari tion shall beerected by the.grantor or•grantee on the northerly bounaary lime of said premises without the written consent of both parties...The.,gtantee assumes and agrees to pay the mortgage now helc by Ethel K. Freeman.on the above described premises. Being the same premises conveyed to and by deed of Ethel M. Freeman dated November l(. 1941, and recorded with the North District Essex Registry of Deeds, Book 647, Page 507.• -Ind I, Jessie L. Thompson, -wife of said grantor release to said grantee all rights of DOWER AND HDlEST6A0 and other interests therein. WITNESS our heads 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 the foregoing instrument to be his free act and deed, befora me, Joseph M. McDonald, Notary Public. _My commission expires April 17, 1953. Essex,se.Received-Jan. 6, 1948 at 33m past 9A.M.Recorded and Examine thompsore to i T� ompa on''s Restaurant! Ind. I i J * U.S. +� I.R. si $2315( * *Cancelled* PARKING AGREEMENT AGREEMENT made this IL A T day of f`//X , 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 "Thompsgn's Restaurant"), and ANDOVER I X�RIORSI INC., a Corporation duly organized under the laws ofZ&-Hemmen ea h of- Massachusetts, 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 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 ;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 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. i 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. (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. THOMPSON'S RESTAURANT, INC. By: % Stuart Thompson, Treasurer ANDOVER INTERIORS, INC., d/b/a THE FURNITURE BARN ' i By: tthw kovakis, President (3) TELE►'HON . (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. A ) Gol� I� � T Walter M. cliffibafn Il Manager Andover Interiors, Inc. dba THe Furniture Barn Stuart Thompson Thompson's Restuarant C0P`A C(OPIV I PARKING AGREEMENT AGREEMENT made this 2-/:7 day of L;"% , 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 RIORS, INC., a Corporation duly organized under the laws of114 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 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 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 COPY 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. (2) 8. This Agreement shall ba c:ut.8trued in accurdanuu wlctt "le laws of the Commonwealth of M4504chusc:tts. 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 tth6 kovakis, President (C(Opy (3) JOHN J. WILLIS JOHN J. WILLIS, JR. WILLIS and WILLIS ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 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: TELEPHONE 685-3551 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 Mr. Robert Nicetta April 12, 1990 Page 2 you would agree with me, that the property is Grandfathered in and therefore, review the plans with an eye towards the issuance of a building permit if all else is in order as zoning would appear to have been met. I would be most happy to discuss this admission with you, either over the phone or in person, and remain, JJW:gak Enclosure Sincerely, ��i3e esti, J rT A . o n (D .tf :* p.► ry M M .... .... (0 .... N 2 to C 9 W it ca wco r c (�D El ; wpi p rt o a mrt l 1 1O hi N `G 14 r7 O N. A b c+ .fes Q, cf •n ~ ~Oil � t0 rm CA tz co si 03 rt cn o �n Hoco �. rt KI. `A O03 to ........ ........:. ; A C rt , ry C N A N. O n 0cn C N co ? ~ t� . M N. ytsl O N O „O n rlr Co TA. o �° a� ~' m rt N O z 3 a � n (D m< �Q' w nay n wno H. n fJ' � H. n i r) rT (D �:; r r F'' (D 0 cj' . uo H. rt 00 0 ci ~ (D xJ RC1 � cn �'' O O R rt �o O o z W O s E3 O -, p .n G n O O c 5 H (D E3 E3 Z O F• i R �i O' f0 n m rt m G. F" b D '+ O -f O In n to oo M Cr N• o H rt co 9 � r � n (D �Q' w wno R i r) F'' (D 0 G rt C ~ '< (v rt W ro W O W p Z O F• i D 131 (D r to oo r o 0 0 co 9 o ro O n coo o �> (D Z o p, R cn n G GQ W P. o cn rn :1 (D GQ n cn P. .q rtC W (D N A f-+ N d Ln (D t-3 V) n R i ro .3 0 N. �+ t' o 4 w C yU C�7 n < n • (D M f0D p cn iR O .. .. .. .. .. (U H M Cid rt m W N. M fD w `°cr w b � torTn rw) v r. r• n R, �C C' (. n w a• w v N.' F, R N• w n �. o fes• ITI R 4, ti U c1 • ct 1'•1� 5n W co :Cn In . O co C3 •rT y f: •(D (0 Ai c f r (0 c F) (D ( En Z. . c -r co S ci :rt C) o cu Z; -0 V •o Q S �Tt w •a �' ('• TD 'O i :u) iu rq N. Cl) N. co Cl) (0 Ar c'f O :H •x :3 : cn .t4 .rl In :�d .a H .(7 Iff 11 IM V w m r m x Irl C O ° Cl m D m m m r m N G ° > C c Z N ° i > n 0 9 z 0 A � m s m N m i C > i r m Z Q m Z A Nm 9 O m C n r i > i A 0 Z N A m T 1 m i mN i > Z O w ° N n n Or °Q r > A n 0 o :E i 0 i ZO 0 - 0 O i 0 9 m c r \.- c r > 9 D D O m m z D g o z m L Z O m c r r O°° z z (j 0 r 3 nn m m N n 0> o m Z > 0 > '00 z>> O 0 z z O N N > A ° N ° N o N m p > A 0 F o :E r. 0 0 > mm c c r \.- c r > 1I D D O m x m z D z D n > z m L O m c r r O°° z z z 0 r (Z1 m nn m m N n 0> N m Z Z 0 > '00 z>> O O O Z O i D 0 D 0 O Z > N O O '> i m > H Q n 0 r i A O a a m F i; � m D 3� m m N m >�> 0 0 i m m I;n W i_ D 0 z Z `U�1 v, r Zp -4 i 0 c r 0 o; 7-o ZJ m �-G' N �1 0 D O' O N Z �, �• Z z m m Q C 0 < 0 < A ' Ii Q rl m H o mC.0 m Q, N m N m N m N > N N x m O m N y Z N N m > Z 0 9 c p c r C r C r m� r D m 0? Q N m O m m p N X ° i Q O Z Q O Z Q z Q0 >Z r 0 0 o„m 0 Q r o i 0 N i z'n m m n 0 O o Z 0 Z 0 z n x -10 Z Q c o n ,� O i D m c l) ;c o y0 r Z i oNi p I N m > m ... r Z 0 nn m m � °< Z N N ° 0 a ° 0 0 O 0 0 A r I I - Z m N AZ Z m ° a IM IN a r m m i > > Z 0 D i DItz o I� N z m x i � � ° m Z • I ul N t W : $ 0 0 fi - I> j Im z O 0 E >01 NDN . �rn z� ao yZZ Cox AkN D n N 0 0 p3m m -4 Z.a _I(nn N0o �z_ m V) v0m lwz v�N 0Ou iZ G)r r aha ?_z -+ o Io o� ma n in mm !n m �m a0 3 O ON ... 00 01 00 , p'• uN0 I � " AN —� D z= z ZAZ Z Z Z ^ o 0-4 �I D O Q. z ° yN zD o mO O a 2 uZ� O OO N'm Z n D O ZON <w <TA 2 a O to ]C < 2 N n T I I IT I I I I I I I I I I I I I I J_I_ 1zc)—" O G ~Om c D pD A p w 3. T mZ .Z OD CO2 x OD m Z 0 F ON T z 0 0S p AO�z n TT , O„ mN jv z0 OZ DO D ~ x pD0Z T I m -i a 1 n O x D A D A A Z O 0 O Q p I 0 Z Kill TOO L, I I I 0 E >01 NDN . �rn z� ao yZZ Cox AkN D n N 0 0 p3m m -4 Z.a _I(nn N0o �z_ m V) v0m lwz v�N 0Ou iZ G)r r aha ?_z -+ o Io o� ma n in mm !n m �m a0 3 —F-77� cpm �c�y TOWN AND COUNTRY DINING i 1 435 ANDOVER STREET P.O. BOX 155 NORTH ANDOVER, MA 01845 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 Stuart Thompson President ST/cmc CC: Joseph Tripodi Arthur Belmonte �1 f� �J `J METRIC CORPORATION - April 10, 1991 Mr. D. Robert Nicetta Building Inspector 120 Main St. North Andover, Ma. 01845 Re: Bertucci's (Permit) Dear Mr. Nicetta Metric states that they will comply with the following while performing construction at the above project. - the building will be fully secured, at the end of each day, after work is completed. - all floor openings will be contained with a rail as required by OSHA. - all utilities will be capped as required. - all bearing walls will be properly shored while performing demolition. Please do not hesitate to call if you have any questions. Sincerely, Arthur Belmonte Project Manager Metric Construction cc: Geoff Caraboolad Joe Tripodi Paul Hucksam ETHAN ALLEN* H O M E IN T E RIO RS THE FURNITURE BART4 Ar AUthp(i2i1j Ethan Ahem Pk -,a Ic 419 A.ndGfer street Naft.^ AnaovEr, MaSsach isFtb 01845 509 cS`3546 FaK $,g Egg 4-5 , 1993 Mr. Robert Nicetta Building inspector Town r, North Andover Main ':Lleet. North Andover, Massachusetts 01845 Dean Mr. Nicetta: A x'epresentat.ive from Bertucci's was in to see me. on Thursday November 15, 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 Mari could be added at addi.tlonal 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 11 Manager NOV 2 2 Jqo "4.1 ,. s ETHAN ALLENA H 0 M E I N T E R 1 0 R S THE FURNITURE BARN An AOOC62M Ethan ANen Ret&ler 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 FaK 508 688 435 November 22, 1993 Mr. Robert Nicetta Building Inspector Town Of North Andover Main Street North Andover, Massachusetts 01845 Dear 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 Larn 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 II Manager KAREN H.P. NELSON Town of D" NORTH ANDOVER BUILDING tae 6 CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT MEMORANDUM TO:;Obert .censing Commissioners FROM 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 120 Main Street, 01845 (508)682-6483 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. rt - . . c/James P. Gordon, Town Mgr. Karen Nelson, Dir. PCD Joseph Crugnale, Bertucci's + °F X408 V \ l -KAREN H.P. NELSON Director Town of NORTH ANDOVER BliILDING CONSERVATION SS'��SE` DIVISION OF HEALTH PLANNINGPLANNING & COMMUNITY DEVELOPMENT Mr. Joseph Crugnale, President Berticci's 14 Audubon Road Wakefield, MA 01880 Dear Mr. Crugnale: 120 Main Street, 01845 (508) 682-6483 October 13, 1993 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 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, o D. Robert Nicetta, Building Inspector/Zoning Enforcement Officer c/J. Gordon, Town Manager K. Nelson, Director, PCD Enclosures Delivered in Hand • i f 1 14 Audubon Road • " Wakefield, MA 01880 BERTUCL`I(617) 246-6700 617 BRICK OVEN PIZZERIA FAX: ( ) 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 KAREN H.P. NELSON q Town of a Di``°' �!!' NORTH ANDOVER BUILDING CONSEKVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT Mr. Joseph Tripodi Bertucci's 14 Audubon Road Wakefield, MA 01880 Dear Mr. Tripodi 120 Main Street, 01845 (508) 682-6483 September 22, 1993 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. page - 2- September 17, 1993 The following options) 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, e.712y"�d D. Robert Nicetta, Building Inspector DRN:gb Enclosure c/J. Gordon, Town Manager K. Nelson, Dir. PCD Delivered in Hand THE r uAITURE BARN U On AUVIOnxeO Ethan Aa.n NAUder 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 Fax 508 688 4353 0; ETHAN ALLEN It H 0 ME IN T E R I OR 5 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, Walter M. Kimball II Manager W � B R I C K O V E N P I Z Z E R I A September 27, 1993 Mr. D. Robert Nicetta Building Inspector Town Hall 120 Main Street N. Andover, MA 01845 Dear Bob, 14 Audubon Road Wakefield, MA 01880 (617) 246-6700 FAX: (617) 246-2224 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, �j Vin Amato Maintenance Manager c.c. Ms. Kathleen C. Bradley Town Planner Joey Crugnale President A November 17, 1993 Mr. Joseph Crugnale, President Bertucci's 14 Audubon Road Wakefield, MA 01880 Dear Mr. Crugnale: 120 Main Street, 01845 (508) 682-6483 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 Nov 1'9 1993 KAREN H.P. NELSON? Dirat� Town of = NORTH ANDOVER BUILDING a°'SE, CONSERVATION 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: 120 Main Street, 01845 (508) 682-6483 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 Nov 1'9 1993 c a o a o a o a o a a a a a a a a o a a 1-4 LU a� LaLa z a o N e N 8o x z N Q 0 N 0 z •• ONON C. a 0 txr ria rZ-t 6 z p�j LS F pp EL z F 0 � cu } F t -s 3 w F z z F o>, 2 LLI w w w SAA a p� d u z LO ut W N e N x u N Q 0 N 0 •• a C. a 0 txr rZ-t 6 z p�j LS F pp EL z F 0 g .-f r. t -s 3 w F z z F o>, 2 LLI a � � a X a � aLaw a 0 0 9 Z6 9 a p� d M Lu F W N F u Q 0 N z C. a N z F Ll .-f r. * Z 3 w w u z z F o>, 2 a a � � a X � a 0 0 i 41 ka.wr, u,., :/ �....��, `'CIE��;�'+a1►,�.AF,I I .► F �k .y."5 ., a f Q>.. , U ` C 1►► 1 ,C 1 , • i 41 ka.wr, u,., :/ �....��, `'CIE��;�'+a1►,�.AF,I I .► F �k .y."5 ., a f Q>.. , U ` C 1►► 1 d wiiiis. d 5V i as n _ _ �r _ ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN J. WILLIS TELEPHONE 66.S-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 P.r-ever Street, Ncrth Andover, 2%9�- Renovations Dear Mr. Nicetta: Please be advised that Th npson's Restaurant, Inc., is currently operating its property as a restaurant -with parking provisions having been ?ret under Variance granted to it on August 29, 1983, a copy of which Notice of Decision from the Ncr-th. Andover Board of Appeals you will find enclosed. As you will note, the decision of the Board require that a Parking Plan: would be i-pl-s-n rated upon_ the te.rmination 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 marking 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 inplemented 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 c=;etically 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 shoring 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 charge in use or volume of use, the origi.*kal Board of Appeals Decision would still be applicable to use proposed renovations. I would hope that Mr. Robert Nicetta April 12, 1990 Page 2 you would agree with me, that the property is Grandfathered in and therefore, review the plans with an eye towards the issuance of a building permit if all else is in order as zoning would appear to have been met. I would be most happy to discuss this admission with you, either over the phone or in person, and remain, Sincerely, John J!, Willis, Jr. JJW:gak- Enclosure C61 ETHAN ALLEN® HOME INTERIORS THE FURNITURE BARN An Authorized Ethan Allen Retailer 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 Fax 508 688.4353 February 7, 1995 Office of the Selectmen Town of North Andover 120 Main Street. North Andover, MA 01845 Dear Sirs: .Lo �v S �.z.3. is Te /�S,4,eo1 , rs 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 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 Selectmen' 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 La'k . 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 Earn 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. Itis 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 (.685-3,546), or at my home at (603) 673-1781. Sinc r / atthew Ya akis resident/owner Andover Interiors/ Furniture Barn TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 GEORGE PERNA TELEPHONE (508) 685-0950 DIRECTOR NORTH FAX: (508) 683-9381 f qti [ O i a � J. 1 519 9SSACNusEt February 13, 1995- Memorandum To: James P. Gordon, Town Manager From: George Perna, Director Re: Furniture Barn - Parking Issue With out investigating every aspect of the seven (7) items Mr. Yakovakis brings up and assuming they are all true then the Town should limit Bertucci's seating to come into compliance with the parking space rules and regulations. This action is all we should do but do it NOW. The rest is between the two (2) parties and we should not get into that. CAN YOU GUYS THINK OF ANYTHING FURTMffiR TO ADD TO THIS M WO? 0 MEMORANDUM TO: Karen Robertson, Administrative Assistant FROM: Anne Marie Tucciarone, Permits Manager DATE: February 23, 1995 RE: Furniture Barn parking problem The members of the Technical Review Committee have taken the letter you forwarded to us under advisement and recommend the following: * Suggested that the T.R.C. be forwarded a current parking plan for further review * Submit the current parking regulations regarding employee parking * Also submit original parking plans for compare and contrast * Suggested that designated striping could be considered in the future We understand that ideas have arisen that "Jersey Barriers" be constructed, but the Fire Department is vehemently opposed due to lack of emergency vehicle access. We will further discuss this situation as we receive more information. If you have any questions, feel free to contact any member of the T.R.C. TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 James P. Gordon 3 Town Manager �O MEMO TO: Robert Nicetta, Building Inspector Kathleen Bradley Colwell, Town Planner George Perna, Director of Public Works FROM: Karen Robertson, Administrative Assistant \u-s— DATE: February 6, 1995 RE: Furniture Barn - Parking Issue TELEPHONE 682-6483 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 CC: Technical Review Committee N I, George F. Thompson, of North Andover, Essex County, Massa:chuaetta, being married, for consideration paid, grant to flaczi"�a "., ' os :cne �ommonxaal;ee ot-+xssasct use ts. _oi. l900;�JE44djer with QUITCLAIM covenants a certain parcel of land with the buiidings thereon, situate in North Andover and BOUNDED and described as follows: Beginning at s .stone bound on the Salem Turnpike, so called, and then running Northerly 35 - 44' - 55" West, two hundred eighty (280) feet to a -point; thence in an Easterly direction, two hundred ninety five and 53/100 (295.53) feet by other land of Ethel M. Freeman to Andover 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 are, 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,, Surveyor, said plan being dated November 9, 1939, and re- corded in the Essex North Registry of Deeds, and being plan number 1236. -Together_�with the:right- to'use-*for..-all.usual.-purpoees_.that:pc as -shown -on�said plan vihich4i1 adjacent."and dontiguous .to the hf6ra'- �r:-r �•tr �� nature _said'described piemf� sa r No fence or barrier of�any or deeoc}' _tion shall be: eredted bg the grantor or.granteeon the norrtherly bounaary:lina;of said'preniaea.xithout-the written;cofi"Et cfoth `pa tics ,Tba.,grantse.assumes and agrees to pay the mortgage now halt .by Ethel M. Freeman -on the above described premises. Being the same premises conveyed to me by dead of Ethel M. Freeman dated November 1 1941, and recorded with the North District Essex Registry of Deeds, IBook 647, Page 507.• -And I, Jessie L. Thompson, -wife of said grantor release to said grantee all rights of DCWFR A14D HOMESTEAD and other interests -therein. WITNESS our heads 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 the foregoing instrument to be his free act and deed, before me, Joseph M. McDonald, Notary Public. —My commission expires April 17, 1953. Essex, ss.Received•Jan. 6, 1948 at 33m past 9A.M.Recorded and Examine KAREN H.P. NELSON Town Of Director i e•.;°s NORTH ANDOVER BUILDING }•. ^"' CONSERVATION 4 DI4ISION 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 120 Main Street, 01845 (.5rGc4i.) 682-6483 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. MEM. c/James P. Gordon, Town Mgr. Karen Nelson, Dir. PCD Joseph Crugnale, Bertucci's d, " KAREN H.P. NELSON Director BUILDING CONSERVATION HEALTH PLANNING of „oA,•, i ` Town of a NORTH ANDOVER aS+c.usE DIVISION OF PLANNING & COMMUNITY DEVELOPMENT Mr. Joseph Crugnale, President Berticci's 14 Audubon Road Wakefield, MA 01880 Dear Mr. Crugnale: 120 Main Street, 01845 (508) 682-6483 October 13, 1993 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 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, \ i t ` D. Robert Nicetta, Building Inspector/Zoning Enforcement Officer c/J. Gordon, Town Manager K. Nelson, Director, PCD Enclosures Delivered in Hand y 14 Audubon Road 4 Wakefield, MA 01880 BERTUCLIF'S 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 KAREN H.P. NELSON TOWn Of �� Y Director , • NORTH ANDOVER BUILDING CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT Mr. Joseph Tripodi Bertucci's 14 Audubon Road Wakefield, MA 01880 Dear Mr. Tripodi 120 Main Street, 01845. (508) 682-6483 September 22, 1993 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. 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 SOME Enclosure c/J. Gordon, Town Manager K. Nelson, Dir. PCD Delivered in Hand THEM-,;RNITURE BARN AM Auth&aed Rhan MOM R4eUiler 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 Fax 508 688.4353 0;: ETHAN,,ALLE HOME INTERIORS 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 courser 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, Walter M. Kimball II'� Manager n —^ OCT f 3 iqm B I RT U C C I'S BRICK OVEN PIZZERIA September 27, 1993 Mr. D. Robert Nicetta Building Inspector Town Hall 120 Main Street N. Andover, MA 01845 Dear Bob, 14 Audubon Road Wakefield, MA 01880 (617) 346-6700 FAX: (617) 246-2224 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 0 BRICK OVEN PIZZERIA September 27, 1993 Mr. D. Robert Nicetta Building Inspector Town Hall 120 Main Street N. Andover, MA 01845 Dear Bob, 14 Audubon Road Wakefield, MA 01880 (617) 246-6700 FAX: (617) 246-2224 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. TVha yo , 4i�n Amato Maintenance Manager c.c. Ms. Kathleen_ C. Bradley Town Planner Joey Crugnale President UGT 5 1911" BERTCtCI'S U 14 Audubon Road Wakefield, 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. TThdPk you, je Vin Amato Maintenance Manager c.c. Ms. Kathleen C. Bradley Town Planner D. Robert Nicetta Building Inspector Joey Crugnale President r IaNN H.P. NELSON Director BUILDING CONSERVATION PLANNING ' TOWN of 120 Main Street, 01845 �- NORTH ANDOVER (508) 682-6483 DIVISION OF 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. 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, e J"t,4, D. Robert Nicetta, Building Inspector Enclosure c/J. Gordon, Town Manager K. Nelson, Dir. PCD Delivered in Hand T KAREN H.P. NELSON Director BUILDING CONSERVATION HEALTH PLANNING NORM \.1 r a Ate/ �n TOWN of 120 Main Street, 01845 NORTH ANDOVER (508)682-6483 S @8�OMU DIVISION OF 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. Sincerely, KatthlleVen E . hadley Town Planner CC. K. Nelson, Dir PCD B. Nicetta, Build. Ins. SEP 7 1993 Multi family residence El N I's Congregate Housing All other places with accommodations including ' SECTION 8 SUPPLEMENTARY REGULATIONS rooming houses, hotels, 8.1 Off Street Parking ' homes. Auditoriums, theaters, 1. Whenever a building is erected, reconstructed, moved or parlors, day care centers expanded or if a change in use occurs so as to increase it and other places of assembly. floor area and/or design capacity, there shall be provided Restaurants, sit down on the same lot with such building or on a lot conti uous restaurants, drive through thereto (or within 100 feet thereof) in the same ownessh?p Es --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 Recruired One or two family residence 2 spaces per dwelling vim unit. Multi family residence El N I's Congregate Housing All other places with accommodations including (but not limited to) rooming houses, hotels, motels, hospitals, nursing homes. Auditoriums, theaters, athletic fields, funeral parlors, day care centers and other places of assembly. Restaurants, sit down restaurants, drive through or fast food. r 8.1 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. 0.75 per dwelling unit (29/'87) 1 space per sleeping room for single or double occupancy, 1 per 2 for rooms exceeding double beds for rooms exceeding double occupancy. 1 space per 4 persons based on the design capacity of the facility. 1 per 2 seats or 15 per 1000 GFA. (Whichever is greater applies) Retail store and service establishments. Offices Medical Offices and Research facilities Warehousing, Wholesaling, distributing Manufacturing, assembly, fabrication, etc. 6 per 1000 square feet GFA except 5 per 1000 square feet GFA in Business 1 and 2 General Business. 1 space per feet of GFA. 3 Spaces per feet GFA plus per employee. 300 square 1000 square one space 1 space per 500 square feet GFA. 1 space per 2 employees in the minimum working shift or 1 space per 1,000 GFA whichever is greater. 3. 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 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 would 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. 10 8..2 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 14 capacity shall be garaged or screened from view of residential uses 7. A parking space shall -mean an area of not less than 10' x either: IN 201, accessible over unobstructed driveways not less that least four (4) feet wide, densely 25' wide. For parking lots which contain ten (10) or more shall not be permitted to exceed seven with trees or shrubs which are spaces, up to forty percent (40&) of the total number of (4) feet parking spaces provided may be designed for compact cars time of planting and which are of a type 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 that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years, or are parked. Commercial vehicles in excess of one (1) ton 14 capacity shall be garaged or screened from view of residential uses within three hundred (300) feet by either: IN a. A strip at least four (4) feet wide, densely planted shall not be permitted to exceed seven 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 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. 11 8.3 b. An opaque wall, barrier, or fence of uniform appearance 14 at least five (5) feet high, but not more than seven (7) feet above finished grade. IN 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. 11 8.3 2 4 4 4 0 Garaging or commercial When it is additional Permit. off-street parking of an additional two (2) vehicles may be allowed by Special Permit. deemed to be in the public good, parking for pleasure vehicles may be allowed by Special 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 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. " BARN THE FURNITL. �n An Authorized Ethan All Retailer 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 fax 508 688.4353 August 26, 1993 Ms. Kathleen E. Bradley Town Planner �. 4 Town Of North Andover ETHAN 120 Main Street AUG 3 North Andover, Massachusetts 01845 ALLEN" Dear Ms. Bradley: H 0 M E I N T E R 1 O R 5 — 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 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 AUG 3 1 1993 ! III[ The Furniture Bern March 7, 1993 Ms. Kathleen E. Bradley Town Planner Town Of North Andover 120 Main Street North Andover, Massachusetts 01845 Dear Ms. Bradley: r� 419 Andover ..deet North Andover, MA 01845 Phone (508) 685-3546 I= 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 concerns 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 be 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. ' Q 0 isLjILDING DEPARTMENT An Etha»Allen Gallery 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, a� Walter M. Kimball II 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. NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street 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 M,: I'll rk1i:(.1-Hot- I uc eI'n 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 wi l l bo di p> itehod upon r(,cei.l)t of n c;i1 1 of n ccmipl n.i nI- :-() 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. William V. Dolan, Fire Chief cc: J. Gordon Lt. Long C. Huntress '-W. Kimball R. Nicetta ''SMOKE DETECTORS SAVE LIVES" • The Furniture Barn November 18, 1991 419 Andover S„tet North Andover, MA 01845 Phone (508) 685-3546 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 An Ct-hanAllen 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 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 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 Aqreement 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.imb 1% Andover Interiors, Inc. dba THe Furniture Barn Stuart Thompson Thompson's Restuarant 11 KAREN H.P. NELSON Director BUILDING CONSERVATION HEALTH PLANNING a Town Of 120 Main Street, 01845 NORTH ANDOVER (508) 682-6483 e�� ryj9� DIVISION OF 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 leen radle Town Planner � CC. \K Nelson, Nicetta, u AUG 21993 ?' Dir. PCD Building Inspector ..The Furniture barn November 18, 1991 / 1 Lndover, MA 01845 508) 685-3546 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 An Ctha»A►llen 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 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 �LL°3`�N1GC Q°4 r� 60 Cummings Park Woburn, MA 01801 i (617) 935-9700 BRICK OVEN PIZZERIA FAX: (617) 932-8173 Town of North Andover Building Department Bob Nicetta Bob I'm writing you to keep you informed on what is being done in regards to the parking at Bertucci's restaurant in North Andover. Originally Bertucci's made an agreement with the manager of the Furniture Barn Mr. William Kimball about the parking situation. Bertucci's agreed that on Friday nights Bertucci's would have an employee of Bertucci's monitoring the parking in front and along the side of the Furnitire Barn and Walls and Alls so Bertucci's customers would not park there. This was done to make sure that the Furniture Barn and Walls and Alls customers would not be inconvienced. Due to inability of this system to work I met with Mr. Kimball on Thursday November 21st. At that meeting we agreed that a more effective method was needed to correct the situation. Mr. Kimball and I decided, at our cost, to hire a police officer from the North Andover police department to monitor the parking on friday nights as well as making sure the fire department has access. Bertucci's is doing everything possible to rectify the situation. If you have any questions please call me at 935-9700. karr* 7hr ton NOV 2 5 1qq( 13UILDiiiiG SEE=',==.' xown, KAREN H.P. NELSON. Town of 120 Main Street, 01845 Director NORTH ANDOVER c508> 682 6483 • °° + r BUILDING s�cwusE CONSERVATION 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.1 FFR'12 X «a r Main Street, 0181 'CAIN'H.P. NELSON` Town of 120 �� Director 1W;r NORTH ANDOVER ( SOH) 682-6483 l ILI I LIti.I` G •�.e��.`" 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 O SUBJECT: Parking - Bertucci's Restaurant FAX NO.: 617-932-8173 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 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. cc: J. Gordon C. Huntress - -R, Nicetta E OCT 2 81991 ,BUILDING DEPARTMEN-- William V. Dolan, Fire Chief Lt. Long W. Kimball "SMOKE DETECTORS SAVE LIVES" m NORTH ANDOVER FIRE DEPARTMENT T CENTRAL FIRE HEADQUARTERS ssaCHUS�� 124 Main Street North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department TBI. (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. cc: J. Gordon C. Huntress - -R, Nicetta E OCT 2 81991 ,BUILDING DEPARTMEN-- William V. Dolan, Fire Chief Lt. Long W. Kimball "SMOKE DETECTORS SAVE LIVES" neer 20-1991 id Antique Show Middle School ;e Street Massachusetts ,ored by rblehead Public Schools ancement foundation �w Party !ember 6, 1991 9:30 p.m. ` . ckets: $25.00 AD BIDES rating OL - Grand Opening SALE _. Famous Maker BIKE CLOTHING up'050%OFF: We're easy to find. In Manchester: Oft Route. 127 at 23 Elm Street In downtown Manchester 526-1200 In South Hamlltop 18 Bay Road, Rte. 1A next to hunter's Inn 468_1301- !Downhill Ski Tltning special $19.95 ' CALL FOR DETAILS . with coupon expires 12/31/91 i s ,square (Rt. im ssachusetts 1 1 1 ®lice Log North Andover Police re- patrol reported finding two cars receiving stolen property. sponded to 39 residential and damaged on Willow Street. 8:14 p.m. — Police arrestee commercial alarms and one com- ,. 2:30 p.m. —;Police arrested Wilfredo Vazquez, 19, of 146 Bai plaint ofyouths causing a distur- -Kristine L. Smith, 42, of Four bance between Saturday, Nov. 9 '"Seasons Trailer Park, Danville, ley St., Lawrence, on charges o giving false information to and Friday, Nov. 15. Here. is the N.H., on charges of shoplifting. police log for that police and driving a car with defective period. •. 3:31 p.m. — Police arrested 1, Saturday, Nov. 9 -"Angel Ortiz, 22, of 62 Trenton St., equipment. 5:48 a.m. — Police arrested Lawrence, orichargesofshoplift- Lisa McClure, 19, of 28 Water St., ing from Bradlee's at the North North Andover, on charges Andover Wednesday, Nov. 13 1:30 a.m. — Police arrested Di of as- Mall. sault and battery on a family 6:14 p.m.;—'Police responded anne Rowe, 31, of 7 Park St.. Peabody, on charges of drunken member. to a report of hockey players 12:02 p.m. —Police arrested fighting at the Brooks School driving, driving with a suspend - ed license anda marked lanesvi- Stephen R. Ard, 39, of 10 Baker skating rink. There was no more St., Methuen, on charges of •-fighting upon the olation. arrival of po- shoplifting $140 in perfume from lice who stayed at the rink until TJ Maxx. 11:08 a.m. — A police officer reported a contractor at Main both teams had left. 2:17 p.m. — A Centerville resi- "`6:5,4 p.m. —Police arrested and Second Street broke a gas line. The Fire Department dent reported his car was dam- Emil E. Godek, 67, of 50 Ashland aged while parked behind Merri- St., North Andover, on charges of and Bay State Gas Company respond - ed. mack : College's Ash Centre . drunken driving. '"' ' ' `"" dormitory. 8:36 p.m.— An Osgood"Street 7:11 p.m. — Police arrested 7:58 p.m. —Police arrested two , Michael J. Alexander, 33, of 21 resident reported a car stolen. men at 90 Abbott Street on Fuller St., Magnolia; on charges charges of related to a car break.. ] of driving with'a suspended li- Thursday, Nov. 14 Cleon L. Richards III, 20, of 2053 cense, driving a car with defec- 7:34 a.m. —A Middlesex Street resident reported an attempted Salem St., North Andover, was tive equipment and speeding. car theft. arrested on charges of malicious damage over $250, attempted Monday, Nov. 11 larceny 9:05 a.m. — An Autran Avenue resident reported a car damaged of property, and break- 6:34 a.m. — A Chickering Road ing and entering a car. Arthur J. resident reported someone tried overnight. 12:28 A Fortin, 21, of 524 Johnson St.,._, unsuccessfully to break into his North Andover, was charged " p.m. — motorist report - ed a car stolen from the China ,car. with malicious damage over-,: 11:59 a.m. — Police arrested $250, attempted larceny of prop- Michael Bolis, 34, Blossom Restaurant. 1:54 p.m. — Police arrested , whose last erty, breaking and entering a .known address was 16 Devon Pedro A. Lopez, 32, of 32 Ocean St.,Lawrence, oncharges ofdriv- car, and on a North Andover P_ Court,' North Andover, on lice warrant charging failure to ; charges of assault and battery on ing a car with defective equip - ment, driving without a license, pay fines on charges of driving .;:a family member. with a suspended license, ille- and on a Lawrence police war - gally attaching license plate's, Tuesday, Nov.12 driving a car with defective rant charging possession with in- tent to distribute cocaine, and 8:47 a.m. —Police arrested equipment, and transporting al- , Charles P. Bryant, 33, of 300 Dale conspiring to violate drug laws. 7:36 p.m. — Police arrested two cohol while under age. '; .-St., North Andover, on a North 10:17p.m.:=AChadwick StreeO, Andover police warrant charg- people at the North Andover Mall resident reports his house has,, ing driving with a suspended li- been broken into and over $400 � cense and speeding. on shoplifting and other charges. Sabrina Dee Wing, also is missing, 10:5 10:5,',Ta.m. — A,Fernview Av- 10:49p.m;—AnElIisCourt known by the last names Cote, Taylor or Ocasio, 35, of 7 Wood- res -1 enue resident reported a stolen ident reported his house broken44 car. 'j-'`'- t- =" into. lawn Ave., Rochester, N.H,, was( charged with shoplifting, receiv- i A -police. officer found a: 5:30.p.m. — Police arrested window parie`had been smashed Matu1 Medardo, 36, of 90 Alder ing stolen property and posses - out, a phone ripped out of the St., Lawrence, on a Peabody wall, and a personal phone book state police warrant charging sion of a hypodermic needle.` Milton Ocasio, also known as Luis Diaz or Ralph Pena, 39, of 14 was missing. driving an unregistered and Wells St., Lawrence, was. uninsured car, Sunday, Nov. 10 r ; 7:06 p.m: - Police arrested 8:13 a.m. — A hockey in.,'Elizabeth charged with driving with a sus - pended license, illegal posses - player D.'Lewis, 29, of 2202 jured at the Volpe Complex at Pheasant Creek, West Peabody, sion of a hypodermic needle, shoplifting, and receiving stolen. Merrimack College was trans- on charges of driving with a sus- ported to the Lawrence General pended license and speeding. property. 10:43 Police Hospital: 7.25 p.m. --Police arrested five 9:37 a.m. — A large plastic Lawrence residents on various p.m. — arrested Matthew Curran, 17, of 39 Lin - coln St., North Andover, on horse belonging to the Equestri- charges at the North Andover an Shop on Turnpike.Street'was Mall. The following were arrest- a warrant charging receiving a stolen car, unauthorized found by security officers at Mer- ed: Jim Vega Jr.,18, of35Juniper rimack College's library., - St., on charges of receiving use of a., stolen car and failure to stop for: 10:57 a.m. — A Francis Street stolen property; Iris D. Perez, 17, a police officer. resident reported his cellar was of 239 Franklin St., on charges of broken .into and his son's base- shoplifting; Ivette E. Colon, 17, Friday, Nov. 15 of ball card collection was stolen. 3 Saunders St., on charges of re- 2:22 p.m. -A car rolled in 8:37 a.m. — Police arrested • Brendan Beverage, 17, of 9 Briar - over ceiving stolen property, illegally a one -car accident by the south- attaching license plates, and wood Court, on charges of disor- derly conduct at North Andover bound ramp to Interstate 495 oft' driving an unregistered and Massachusetts Avenue. Arthur . uninsured car; Victor Laboy High School. Jr., Shedd, 43, of Swampscott, and 17,.of230 Walnut St., on charges Lauren Acessi, 11, of Wakefield, of receiving stolen 7:10 p.m. — Management at the Furniture Barn off Turnpike Street property were in the car. worthless than $250; and a 2:23 p.m. — A police officer on Lawrence juvenile complained that Bertue- ci's Pizzeria patrons were park - on charges of ing.elk his property. s ,square (Rt. im ssachusetts 'KAREN H.P. NELSON Director BUILDING CONSERVATION PLANNING ` Town of n NORTH ANDOVER DIVISION OF. PLANNING & COMMUNITY DEVELOPMENT FAX TRANSMISSION DATE: 10-28-91 TIME: 120 Main Street, 01845 (508) 682-6483 Fax: 508-682-2996 NO. of PAGES: 2 TO: Joseph Crugnale, BertucW s FROM: Robert Nicetta, Bldg. Inspector SUBJECT: Parking - Bertucci's Restaurant FAX NO.: 617-932-8173 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REMARKS: The attached is-F.Y.I. Please get back to me as soon as possible with a solution to this problem. Tha(n�k, you, Bob /� w NORrh Of tiQOL ' m NORTH ANDOVER FIRE DEPARTMENT * �e CENTRAL FIRE HEADQUARTERS 124 Main Street SgcHU 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. cc: J. Gordon C. Huntress � —R, Nicetta n U � 6O M-38 BUILDING DEPARTMENT William V. Dolan, Fire Chief Lt. Long W. Kimball "SMOKE DETECTORS SAVE LIVES" 1,7, AAg3Q a€RlCJIU9�