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Miscellaneous - Bertucci's Restaurant
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'sy T /--/ o -5 ov,-5 /Q S-5 7-A ORA A/7- TIVC. -GCAI-,-- 1"_-4o' 7- c, l,/,E z s A s.q o c /A -,E _s; —7-,v-. C. Z A Ad I> 5 U R_ VE y0 P_ A e,., c, vs7- /_9 7-,q 614- Al, /-I ASS. A E V j 15 6 - 8 3 iit/00 pl,n j,e J,z�d, of tI,: Con--,. 'W'i ,hr, limas of I,,,- r v ys lines fo, di,iv-, f '-vs at,. "Aw—n /V z T/••/ ANO c v Ee 0 A IZ Z, o I- APPEALS a. rj (2 N—. j. I I P11 rl � kT 7 < 40 2 0 7— Go V6,e ACE 4240.vQ,xr, Pl? A D o,r—m rc, TA 7--rAL PAR-Kwa SPACES = 86 ce"". t CERTIFICATE O"SE & OCCUPANCY Town of North Andover Building Permit Number 189 Date AUGUST 27, 1991 THIS CERTIFIES THAT THE BUILDING LOCATED ON 435 ANDOVER STREET MAY BE OCCUPIED AS RESTAURANT IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. OF NORT4 9 CERTIFICATE ISSUED TO Stuart Thompson (Bertucci's) 435 Andover Street ADDRESSAndnypr, MA SSACHUSEt 1 � Building Inspector rfrl L1 ETHAN ALLEN® HOME I NTERIORS THE FURNITURE BARN An Authorized Ethan Allen Retailer 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 Fax 508 688.4353 SEP 1 1 1995 September 6, 1995 Mr. Michael DiGuiseppe Bertucci's 14 Audubon Road Wakefield, MA. 01880 Dear Mr. DiGuiseppe: This is in response to your letter of July 24, 1995. The delay in my response indicates among other things that this problem is not an easy one to resolve. I am however, as eager as you to resolve it. Unlike yourself, however, I am also eager to preserve our own parking spaces for our own customers, and there is the rub. I must reiterate, that the problem at hand, although it seriously affects me, is yours. It has been clearly stated several times, and in the presence of Kenneth Mahony, Director of Community Development & Services for the Town of North Andover, that your task is to comply with the parking requirements of the town of North Andover, and that you are to prevent your patrons from parking in our parking spaces. Otherwise, you may be required to reduce the seating capacity of your restaurant until you are in compliance. Your efforts to comply with these objectives include work items 1-4 as listed in my letter dated 7/16/95, and as agreed upon during our meeting in Mr. Mahony's office. As I see it, these items must be accomplished by Bertucci's, and at your expense. The benefit that you will get from this is that you will be able to retain your current seating capacity, and in terms of dollars I suspect this will be quite substantial. My contribution to solving this problem is that I will not complain to the town of North Andover if your patrons park in our parking lot during our after hours. Please note, I will not grant any written permission for Bertucci's to make use of our parking lot for your patrons. I am merely saying that if you succeed in keeping your customers from parking in our lot during our business hours, I will not complain to the town of North Andover about your patrons using our lot during our off hours. If you do not succeed in keeping your customers from parking in our lot during our business hours, then it's back to square one, and according to Mr. Mahony, you will be required to reduce your seating capacity. I don't know how to make this any clearer. I want my parking spaces for my customers, exclusively. In addition to the above requirements related to parking, I would like to see you clean up the dumpster issue. We have many, many photos of your garbage flying all over our parking lot creating not only an unsightly mess, but also a health issue. Even the seagulls are becoming frequent visitors. The Health Department is aware of this issue, and I have made my concerns on this issue known to Mr, Mahony. I am hopeful that you will voluntarily take effective measures to improve this situation. You never see a Burger King or a McDonalds restaurant with a dumpster that is not enclosed. I would expect that Bertuccis's would want to do no less. Please be advised that I have asked Mr. Mahony to take what ever action is necessary to get the situation cleaned up. I hope this letter clarifies my position. T ako akis cc: Kenneth Mahony Walter Kimball Memo To From Date -------------- Courtesy of Town Printing • 15 Charles St., North Andover, MA 01845 • Tel. (508) 682-0283 Memo To -VU% Kt :Qrc r, sErPe5— Date SS From rwl N twt�,u� T'b o r% Ibis SDN/IJ C� I� /�:l�u4 (L&l.,t f 5* -b 7-4a 0 V �ktiS C..As3� f3R.oc.� a-AJ�Z t lel- n--, Ntia Zrl.z,/4 CLQ 0Fr i3:e`Fcoe( Z r:g e7 Wri"ffFi2Sl lit Courtesy of Town Printing • 15 Charles St., North Andover, MA 01845 • Tel. (508) 682-0283 THE FURNITURE BARN / An Authorized Ethan Allen Retailer 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 Fax 508 688.4353 October 20,1995 ETHANMr. D. Robert Nicetta Building Inspector ALLEN® Town Hall Annex North Andover, MA. 01845 HOME I NTERIORS Dear Mr. Nicetta: I was very surprised to learn that Kenneth Mahony resigned recently from his position with the Town of North Andover. As he was very involved with our dispute with Bertucci's Restaurant over the parking and dumpster issue, I have become very concerned over any delays in enforcing previously agreed upon actions to be imposed upon Bertucci's. Since you were involved in some of the meetings with Mr. Mahony, I am hopeful you can continue with the effort to resolve the issues w /(-22- 95' Enclosed, please fir 1995. letter I September 6, This st 6CY91 of this letter should be in Mr. M !2-o tter to Bertucci's dated July 16, 1995 uired to implement. Also e U io._ h,,, This letter disturbs me because ance of the problem. Mr. DiGi park their customers on our n a we are open for business), that there )ay for improvements and 1g on our parking lot). What Bertucc current seating capacity is illegal i ply motivation that they will unde: 1'f) reduction of their seating capacity. And this is where you can heip immensely Bob PLEASE expedite the appropriate actions at your disposal. This problem has dragged on far too long. It is a problem that we did not create but which hurts us severely. It is also a problem which the Town of North Andover should have never allowed to come about. We never authorized Bertucci's to claim our parking spaces as justification of parking requirements to obtain their current seating capacity. If the Town of North Andover had checked that point with us it would have come to light during the permitting process. At this point, all that is r'"T 2 3 C61 ETHAN ALLEN® HOME I INTERIORS r,- THE FURNITURE BARN An Authorized Ethan Allen Retailer 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 Fax 508 688.4353 October 20,1995 Mr. D. Robert Nicetta Building Inspector Town Hall Annex North Andover, MA. 01845 Dear Mr. Nicetta: I was very surprised to learn that Kenneth Mahony resigned recently from his position with the Town of North Andover. As he was very involved with our dispute with Bertucci's Restaurant over the parking and dumpster issue, I have become very concerned over any delays in enforcing previously agreed upon actions to be imposed upon Bertucci's. Since you were involved in some of the meetings with Mr. Mahony, I am hopeful you can continue with the effort to resolve the issues which are hurting our business. Enclosed, please find a copy of my last letter to Bertucci's dated September 6, 1995. This letter summarizes (once again) our position. A copy of this letter should be in Mr. Mahony's file. Also enclosed please find my letter to Bertucci's dated July 16, 1995 outlining the actions which Bertucci's is required to implement. Also enclosed is Bertucci's letter of July 24, 1995. This letter disturbs me because it shows a lack of understanding and acceptance of the problem. Mr. DiGuiseppe states that unless they are allowed to park their customers on our parking lot during the evening ours (even when we are open for business), that there is little motivation for them to continue to pay for improvements and security (to keep their customers from parking on our parking lot). What Bertucci's seems to refuse to understand is that their current seating capacity is illegal in relationship to their parking_ spaces. The only motivation that they will understand is the actual (as opposed to the threat of) reduction of their seating capacity. And this is where you can help immensely Bob. PLEASE expedite the appropriate actions at your disposal. This problem has dragged on far too long. It is a problem that we did not create but which hurts us severely. It is also a problem which the Town of North Andover should have never allowed to come about. We never authorized Bertucci's to claim our parking spaces as justification of parking requirements to obtain their current seating capacity. If the Town of North Andover had checked that point with us it would have come to light during the permitting process. At this point, all that is history. It is what happens now that counts. And as a good business citizen of the Town of North Andover since the 1950's, I am counting on the Town and you Bob, to come to my aid in this case. I have no idea why nothing has been done to date. I am very hopeful that you can get the ball rolling again and cause Bertucci's to do the right thing. And while we're at it, let's address the dumpster issue. It is not only a health hazard and an eye sore for us at the Furniture Barn, but also for the Town of North Andover. We have photographs of Bertucci's trash blowing all over the parking area, with sea gulls hovering above. We have spoken many times to the health department in town, but still, nothing has been done. North Andover is a beautiful town, and this situation with the dumpsters should not be allowed to exist anywhere in town. Bob, if you have any questions or need any other help please do not hesitate to call on myself or Walter Kimball at the Furniture Barn. Thank you very much. Sincere `��✓� `--� a tthew Y vakis Copy: Walter Kimball f 723 ` e --T23 --' September 6, 1995 Mr. Michael DiGuiseppe Bertucci's 14 Audubon Road Wakefield, MA. 01880 Dear Mr. DiGuiseppe: This is in response to your letter of July 24, 1995. The delay in my response indicates among other things that this problem is not an easy one to resolve. I am however, as eager as you to resolve it. Unlike yourself, however, I am also eager to preserve our own parking spaces for our own customers, and there is the rub. I must reiterate, that the problem at hand, although it seriously affects me, is yours. It has been clearly stated several times, and in the presence of Kenneth Mahony, Director of Community Development & Services for the Town of North Andover, that your task is to comply with the parking requirements of the town of North Andover, and that you are to prevent your patrons from parking in our parking spaces. Otherwise, you may be required to reduce the seating capacity of your restaurant until you are in compliance. Your efforts to comply with these objectives include work items 1-4 as listed in my letter dated 7/16/95, and as agreed upon during our meeting in Mr. Mahony's office. As I see it, these items must be accomplished by Bertucci's, and at your expense. The benefit that you will get from this is that you will be able to retain your current seating capacity, and in terms of dollars I suspect this will be quite substantial. My contribution to solving this problem is that I will not complain to the town of North Andover if your patrons park in our parking lot during our after hours. Please note, I will not grant any written permission for Bertucci's to make use of our parking lot for your patrons. I am merely saying that if you succeed in keeping your customers from parking in our lot during our business hours, I will not complain to the town of North Andover about your patrons using our lot during our off hours. If you do not succeed in keeping your customers from parking in our lot during our business hours, then it's back to square one, and according to Mr. Mahony, you will be required to reduce your seating capacity. I don't know how to make this any clearer. I want my parking spaces for my customers, exclusively. In addition to the above requirements related to parking, I would like to see you clean up the dumpster issue. We have many, many photos of your garbage flying all over our parking lot creating not only an unsightly mess, but also a health issue. Even the seagulls are becoming frequent visitors. The Health Department is aware of this issue, and I have made my concerns on this issue known to Mr, Mahony. I am hopeful that you will voluntarily take effective measures to improve this situation. You never see a Burger King or a McDonalds restaurant with a dumpster that is not enclosed. I would expect that Bertuccis's would want to do no less. Please be advised that I have asked Mr. Mahony to take what ever action is necessary to get the situation cleaned up. I hope this letter clarifies my position. Sincerely Matthew Yakovakis cc: Kenneth Mahony Walter Kimball r�T 2 3 BERTUCCIS B R 1 C: A () V 1 N V1 Z( FRIA �`- July 24, 1995 Mr. Matthew Yakovakis The Furniture Barra 419 Andover Street N Andover, MA 01845 Dear Mali, 14 Audubon Road Wakel;rld, MA 01680 ;617) 246-6700 FA,X (617! 246-2224 Post -it" Fax Note i'671 Date, To ,(hut prp 8 IPhrw.o a N 1Fax a 3 Bertucci's is basically in agreement with the items of work (items 1-4 of your 7116195 letter) which we will perform as an incentive to resolve the parking/circulation situation in North Andover The only outstanding issue is I understood that since Bertucci's was to bear the costs of the improvements, plus pay a considerable amount of annual rent to provide off-site parking and security, that the Furniture Barn would permit patrons to park on your premises during the evening hours. The reason we agreed to continue security is to direct any overflow parking away from the Furniture Barn and Walls & All's primary parking area to the rear of your property during Tuesday and Friday, which we realize you are open until 9 pm. We must also remember, Matt, by relocating employee parking we will create 15-20 new parking spaces for patrons. If we can not have the benefit of evening parking there is little motivation for us to continue paying for the improvements and security. With respect to the relocation of the dumpster, I thought the relocation would benefit your property. We will gladly remove the relocation as a requirement of the deal I am truly trying to resolve this matter in a way which benefits both parties. The Bylaw does permit off-site parking for employee, so Bertucci's feels comfortable with our parking situation_ As a good neighbor, we are willing to go the extra distance to make the parking condition better by investing time and money to police the parking. but we must realize some benefit from our efforts. I Suggest Bertucci's proposal bears equity for both parties. Please confirm in writing, or contact me to further discuss our proposal. 1 ichaei DiGuiseppe cc: Kenneth-Mahony~ Robert Nicetta i . . July 16 1995 Mr. Michael D[Guiseppe Berlucci'S 14 Audubon Road �Vakrfleld, MA, 01880 Dear Nir DiGuiseppe: 1 have received your letter of July l l addressed to my manager, Walter Kimball, and I must admit I don't remember ever discussing making any agreements regarding your use of my parking lot for your patrons. In fact, let me say here, now, that 1 will never in this life agree in writing to permit Bertucei's or any other business to use my parking lot. Please understand there is nothing personal attended here. It is simply a pronouncement of the absolute importance that we place on preserving our parking for patrons of the Furniture Barn and Wall & All. What we did discuss during our meeting was what measures you would take to keep your patrons out of our parking jot during our business hours. And let me remind you that we are open for business until 9 prn on Tuesdays and Fridays The ether part of our discussion centered around your requirement, imposed by the towii of North Andover to provide and additional 26 parking spaces to support your current seating capacity. Failing that, it is my understanding that your seating capacity will be appropriately reduced As you may be aware, the town regulation requiring a specific ratio of parking to seating capacity really implies that parking be on site. That you are seeking additional parking off site represents a possible exception to that regulation. What 1 did agree to was that if this off site parking expansion along with certain other commitments on your part succeed in keeping your patrons from parking on our Marking lot during our business hours, 1 would not protest the exception to the parking regulation. The other measures that you said you would commit to inciudcd the foliowtn& t . Continuation of a security guard '. Restripe your parking area to make it distinct from ours and to remind your employees that they are not to park there 3. Issue special window decals to your employees so that if they do dark in those- off limits spaces they will be detected, 4. Supply the F'urn.iture Barn with new, larger signs for our parking !i �pacc�. These signs are to inform all patrons that the parking spaces so designated are exclusively for the patrons of the Furniture Barn and Walls & All I be sits: of the signs, the wording of the signs and thn quantity were to be determined by my manager Walter Kimball, and the expense was to be born by Bertucci's. I call specific attention to the al,7eement that there were to be not one but many signs We also discussed relocating Your dumpsters to the rear of the plopctTy Until we have further discussion and evidence that our parking lot will be totally protected for the exclusive parking of our patrons, I am no longer willing to entertain the relocation of your dumpsters onto our property twill continut to insist however, that your dumpsters be maintained in a neat and clean appearance:, consistent with a quality operation and the Board of Health standards I did not receive the attached site pla=t referenced in your letter to Mr Kimball, i do nut know what you mean by parking along Turnpike Street, and I do not knew what you mean by "peak hours", The only thing that I am certain of is that we `11 he nionttori.ng to see if your patrons continue to park in our tot. If so, we will report rack to the town of North Andover and seek other measures of relief. Sincerel". Matthtw Yakovakis Pres I den t C� Kenncth tvtahony Kobert l`Jicetta :7.1 0 SENDER , Pomplete itema Iland/or 2 for addrtatnal services s + ('s also, ,Wish f t0 rBC6N8 `�1eLr o * COTpfewe Iterns.'3, and 4a $e . C + ? y g w f016Win 'sertnces (foF en extras .m , ,�frint Your name pnd address on the reverse of thisJonn ;so.t4h we earl Y.retum this Card to you.' - w . -. sa `: <.' _': , tl • Attech 61i'form* :to•the front of the madplece;*bX.the beekif spacel I..."❑•Addressee`S'Address m tf does not permit i; .; t a �r tD+:WritecRetumReceipt Requestid"onthe malpiecebelow the anccie ber d `2. E Restricted Delivery. _• .Tho Return Receipt will show to whom the article was delivered and the date F . __ x . . , , • v o delivered...., Consu stmaster for fee. m 0 3: -Art' le Addressed to: , >j-, 4a. Aca cle Number �• :. r' UASf + + ;> Ac 4b ' Service Type ., _ r < e m E ""CtC ,+�' .• }:' ,2p, o Reser a Insured n _ r w� Cered; COD' `tee e 0'u'v Return Receipt f r !,z R O Express Mal, P Q r� �� tWMA Merchandise D 7. Date of ell w �r 3 ;�, 5. Signa r (A y resseel 8. Addressee's Address (Only if requested _ and fee is paid) - W W 6. ent SI n re�Yh 2 F � g t�. "!g �i iiiti �? ilix {. tt it It Mil li I'm € PS Form 3811,TDecember 1991 1tus&GPO: tee2-,q23-102-1 DOMESTIC RETURN RECEIPT Ser succi ' s Restaurant 14 Audubon Road 'Nakafiel , Y- A 01880 Re �ea_ Ltrisecee. = Ye_=a_rant, VICES t *29, 1995 �c r^pcsed e==-=_ __ _ =_:c acreemen- as subm_-ted, is re(= _7 ec cv Section Street Par'. {_^g) of the North ?. dcver Zcn_::a B -Law, w =- -- .tats - atha- =arki nc shall be _.v_ded cn the same __ a ccraigucus thereto (cr within _'JC feet t .ereof) ___ 7:-e Same a v--e_ship ccn::a_?11Q the 'primary use ... A var_ance of t :_s =a_=SSSSz,_= __ Zoning -ca_ _ o= Aoceals will ce recti _red in order t_ _-_ _=-ens the a Agreement s m___�. s'.:�,.._tted to this cf=___ . A::.__cation for t _e Sc_=r.. of Accea- s is available from Nis . Ju__e P arrino, ma_ephor_e nu,,icer 508-688-9541. ~ank you for vcur _..__= truly, I � _ . _ ..pert Nicetta, commissicner DRV : ab c/Kenneth Mahony, Town Z1,1gr. Board of Appeals CERTIFIED MAIL, RETURN RECEIPT REQUESTED BOARD OF APPEALS 688-9541 BUILDING 68&95.15 CONSERV 4TION 688-9530 Julie Parriao D. Robcrt N-x=a bftc had Howard HEALTH 688-9540 PLANNING 688-9535 Sandra Starr Katbleea Bradley Colwell Al T Town of North Andover 1140974 OFFICE OF 3�°< COMMUNITY DEVELOPMENT AND SERVICES 14611�iain Street "�. KENNETH R. MAHONY North Andover, MaSsachusetts 01845 'SswcNusc` D'^" (508) 688-9533 4 Mr. Michael DiGuisence Bertucci's Restaurant Ccr_rcrat'_cr_ 14 Audubon Road Wakefield, MA 01880 Re 2-5 Lear Mr. DiGuiseppe: August 29, 1995 The —r.^.DOsed O�_ __-_ _-r{_nC agreement, as submitted, is regulated by section ..._ - (Cff Parking) of the North ?n dcver Zcning B -Law, wh_..__ se=es - "that parking shall be provided on the same lc-cr cn a ccrtigucus thereto (or within _00 fact thereof) ___ same :`H__ership ccr_z. _ring the primary use...". A variance of t __ ___-_. __zy - :e Zoning Elcard of Appeals will in or::er -_ _. _ _=-e-- the Parking Agreement as submitted to this of==__. Atiolication for the 'Z=i__- _..a_.. of Appeals is available from ? . vu' _e marrino, Tow- -:a!' —_es, telephone number 508-688-9541. T ank you for your Yc-_= truly, :=:=-ert Nicetta, 3u__ding Commissioner DRLV • ab c/Kenneth Mahony, Town Mgr. Board of Appeals CERTIFIED MAIL, RETURN RECEIPT REQUESTED BOARD OF APPEALS 68&9541 BUILDING 688-9543 CONSERVATION 688.9530 HEALTH 688-9540 Julie Par ioo D. Robot Nioetca Wxtsd Howard Sandra Starr PL.ANKNO 688-9535 Kathleen Bradley Colwell 0JA)¢ 649_ Z -r nyA�J dv %pc e) lu I r `-s too �} l�?'-k -f 95'� �i L''�`75 iUo2 57-3 G-fi-c C �i9cu rJ 2��iNGj m CC lJi { l� �eve-),) 7 >7— t LL r � � VD,aL& iZ'r �oL 114 t� U AJC lei i_C_. (YL� ► #fit C��? r % ones f 14 Audubon Road Wakefield, MA 01880 (617) 246-6700 BRICK OVEN PIZZERIA FAX: (617) 246-2224 August 14, 1995 Mr. D. Robert Nicetta Building Department 146 Main Street North Andover, MA 01845 RE: Bertucci's Restaurant 435 Andover Street Dear Bob, Pursuant to your request, enclosed please find an enlarged site plan of the parking area at the North Andover Office Park. At your earliest convenience, please review the Parking Agreement, and if it satisfies zoning we will immediately implement the Agreement . Thank you for your time on this matter. JL; 91 any I33 i � t F P 14 Audubon Road Wakefield, MA 01880 i 1�LLSSuuL1 �l��j�VV���JIS MMMJJJ (617) 246-6700 BRICK OVEN PIZZERIA FAX: (617) 246-2224 August 9, 1995 Mr. D. Robert Nicetta Building Department Town of North Andover 146 Main Street North Andover, MA 01845 RE: Bertucci's Restaurant 435 Andover Street Dear Mr. Nicetta, Pursuant to our agreement, enclosed please find a parking agreement between North Andover Office Park and Bertucci's Restaurants to provide off-site parking for Bertucci's employees at our North Andover restaurant. In accordance with the Agreement, the Agreement does not become effective until the Town of North-Andover:.accepts the Parking Agreement as--satisfaetion-ofMthe Zoning Boards -requirements -for parking,.,,.g ed.irk-your_June-6th.letter. All parties have worked extremely hard to create a "win-win" situation. Bertucci's would like to implement the parking program immediately, so please confirm, in writing, acceptance of the Agreement at your earliest convenience. ichael DiGuiseppe cc: J. GMFgnVe Kesident Kenneth Mahony, Director LEASE This Lease made this /;'r day of cv— 1995 between Boulder Properties, Limited Partnership dba N. Andover Office Park having a usual place of business in N. Andover, Massachusetts (hereinafter referred to as "Lessor", which expression shall include its successors and assigns) and Bertucci's Restaurant Corp., having a usual place of business in Wakefield, Massachusetts, (hereinafter referred to as "Lessee", which expression shall include its successors and assigns). WITNESSETH, that in consideration of the rent reserved and the covenants herein contained on the part of Lessee to be kept and'performed, Lessor does hereby demise and Lease unto Lessee the premises consisting of a paved parking area containing twenty-two (22) parking spaces, along Turnpike Street regard�.ing to satisfy the Town of North Andover's parking requirements for the Lessee's restaurant being a portion of the parcel of land (the "Leasee's Premises) located at 203 Turnpike St. and 451 Andover Street, N. Andover, MA, all as shown on the Sketch Plan attached hereto and incorporated herein as Exhibit A (hereinafter referred to as "the Demised Premises"); provided, however, that Lessor reserves to itself the right to lay, construct reconstruct, operate, maintain, replace and remove upon, under or above the ground any poles, cabinets, supportive pads, distribution facilities or appurtenances, pipes, conduits, cables, wires, or lines for the purpose of conveying water, sewerage, gas, electricity, artificial intelligence or any other utilities to and/or from the Demised Premises and any other property in a manner which will not interfere, except in the event of an emergency, with Lessee's use and enjoyment of the Demised Premises. Notwithstanding any provisions hereof to the contrary, Lessor shall have the right to substitute an alternative portion of the Lessor's Premises.from time to time for the purposes hereof prior to 6:00 PM on business days. TO HAVE AND TO HOLD the Demised Premises through 4/15/2011, plus two (2 ) five (5) year options commencing upon execution of this agreement. Notwithstanding any provisions hereof to the contrary, Lessor and Lessee may, upon circumstances rendering this arrangement inappropriate in its sole judgement, terminate this Lease at any time upon thirty (30) days prior written notice. YIELDING AND PAYING as rent therefor in equal monthly installments in advance of Eleven Hundred Dollars ($1100.00) on the first day of each month, payable at the office of: N. Andover Office Park 451 Andover St. Suite 210 N. Andover Ma. 08145 Attention: Patti McMahan. For any fraction of a month, such fraction of the .monthly installment shall be calculated dividing the number of days Lessee occupied the Demised Premises by thirty (30) and multiplying by Eleven Hundred Dollars ($1100.00). The first payment of rent shall be due upon execution of this Agreement and acceptance by the Town of North Andover. Page 2 In consideration of said demise, and the mutual covenants and agreements herein contained, the parties hereto as follows: 1.0 PREMISES ACCEPTED "AS IS". Lessee covenants and agrees that it has inspected the Demised Premises as thoroughly as it has desired, and that Lessee accepts the Demised Premises in an "As Is" condition, subject to no conditions, exclusions, reservations or exceptions. 2.0 COMPLIANCE WITH LAW. Lessee covenants that it will comply with all local or general regulations, laws or city ordinances as well as lawful requirements of all competent authorities respecting Lessee's use and occupation of the Demised Premises; Lessee will not knowingly permit the Demised Premises to be used for any lawful, improper or offensive purpose. Lessee shall use the Demised Premises only for customer and employee parking for its restaurant across Andover Street. 3.0 TO PAY RENT. Lessee will pay the said rent at the times and in the manner aforesaid during the term of this Lease. Rent not paid when due shall bear interest at the rate of one percent (1%) per month on the outstanding amount five (5) days from the date of Lessee's receipt of Lessor's written notice to Lessee that rent is past due. Such interest on late rent shall be payable as additional rent. All monetary obligations of Lessee to Lessor under the terms of this Lease shall be deemed to be rent. 4.0 KEEP IN REPAIR. Lessor shall keep all and singular the Demised Premises in such repair as the same are at the commencement of the said term or may be put in by Lessor during the continuance thereof, reasonable wear and tear excepted. 5.0 INDEMNIFICATION. Except to the extent of Lessor's negligent or willful acts, or those of its employees, agents and servants, Lessee shall forever indemnify, defend and save harmless Lessor from and against any and all loss, damage, claim, demand, liability or expense ( including any and all reasonable attorneys',accountants',consultants' and witnesses' fees and costs) which may be suffered or incurred by Lessor by reason of damage to the Demised Premises or injury to any person or damage to property which may arise or be claimed to have arisen from the date first written above and throughout the term of this Lease or any renewal or extension thereof, whether or not any such loss, damage, claim, demand, liability or expense has arisen as a result of Lessee's occupation and use of said Demised Premises, but excluding any such loss, damage, claim, demand, liability or expense arising as a result of any willful or negligent act or omission by Lessor or its agents. Lessee's obligations hereunder shall survive the termination of this Lease. Page 3 6.0 INSURANCE. All policies of insurance required hereunder shall be with companies licensed to do business in Massachusetts. Lessee shall furnish a certificate of each required policy or policies to Lessor upon execution of the Lease. A. Comprehensive General Liability Insurance. Lessee shall at its own cost and expense keep and maintain in full force at all times subsequent to the date first written above, and throughout the term of this Lease or any renewal or extension thereof, a policy or policies of comprehensive general liability insurance against claims for property damage, personal injury and death in an amount of not less than Three Million Dollars ($3,000,000.00) combined single limit for property damage, personal injury or death. Such policy or policies shall list Lessor as an additional insured, shall contain a provision requiring insurer to provide written notice to Lessor sixty (60) days before cancellation of the policy, shall contain a waiver of subrogation in favor of Lessor and any of its affiliates, subsidiaries or related companies, and shall contain a severability of interests clause. 7.0 NO ASSIGNMENT WITHOUT CONSENT Lessee will not assign the Lease or permit any transfer thereof operation of law, without consent from Lessor,which may be withheld in its sole discretion. 8.0 PERMIT LESSOR TO ENTER. Lessee shall at all times permit Lessor or its agents to enter the Demised Premises for whatever purpose and make repairs required to be made. Lessor shall make every effort to minimize any interference with Lessee's use and enjoyment of the Premises. 9.0 PROPERTY AT RISK OF LESSEE. Any property of any kind of Lessee or Lessee's employees, agents, servants, vendors, customers of the general public that may be in or on the Demised Premises during the continuation of this Lease or any extension thereof shall be at the sole risk of Lessee. 10.0 SNOW AND ICE REMOVAL, LANDSCAPING, ETC Snow and ice removal, landscaping, and cleaning of the Demised Premises, and all costs and expenses thereof or related thereto, shall be the sole responsibility of Lessor. Lessor's sole responsibility shall be to take such actions with respect to the Demised Premises as it does from time to time with respect to the remainder of Lessor's Premises. 11.0 QUIET ENJOYMENT. Lessor covenants that Lessee upon paying the rent herein specified and observing the covenants hereof, shall and may peaceably and quietly have, hold and enjoy the Demised Premises during the term hereof. Page 4 12.0 NOTICES. All notices, demands, requests and other communications under, or in connection with, this lease shall be in writing, shall be sent by any delivery service which requires receiver to sign upon delivery, and shall be deemed to have been duly given only at the time or receipt, as evidenced by sender's possession of a receipt signed by receiver, and: If to Lessor, to: Boulder Properties, Limited Partnership dba N. Andover Office Park 451 Andover St., Suite 210 N. Andover, Ma. 08145 ATTENTION: Patti McMahan If to Tenants, to: Bertucci's Restaurant 14 Audubon Road Wakefield, MA 01880 ATTENTION: Edward Buice, Corp. Counsel 13.0 WAIVER. No assent, express or implied, by Lessor to any breach of any of Lessee's covenants, or by Lessee to any breach of lessor's covenants, shall be deemed to be a waiver of any succeeding breach of the same or any other covenant. 14.0 LIENS AND RIGHT TO CONTEST. Lessee shall not permit the Demised Premises to become subject to any mechanics', laborers', or materialmen's lien on account of labor or material furnished to Lessee or claimed to have been furnished to Lessee at the direction or sufferance of, Lessee; provided further, however, that on final determination of lien or claim of lien, Lessee shall immediately pay or bond against any judgment rendered with all proper costs and charges, and shall have the lien released and any judgment satisfied. 15.0 SECURITY MEASURES. Lessee hereby acknowledges that Lessor shall have no obligation whatsoever to provide guard service or other security measures for the benefit of the Demised Premises, and maintain whatever lighting is otherwise done on the balance of the premises. Lessee assumes all responsibility for the protection of the personal safety and property of Lessee, its employees, agents, servants, vendors, customers and the general public from acts of third parties. 16.0 COVENANTS AND CONDITIONS. Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition. Page 5 No alterations to the Demised Premises may by made by Lessee without the prior written consent of Lessor, which may be withheld in its discretion. Neither this Lease nor a notice hereof may be recorded at the registry and any said recordation shall immediately render this Lease null and void. 17.0 CAPTIONS: SEVERABILITY: AMENDMENT; SUCCESSORS AND ASSIGNS: MASSACHUSETTS CONTRACT. The paragraph headings in this Lease are inserted only as a matter of convenience and for reference only, and are not to be deemed part of or to be used in construing this Lease. The enforceability, invalidity, or illegality of any provision shall not render the other provisions of this Lease. unenforceable, invalid, or illegal. This Lease shall not be modified or amended except by written instrument signed by both parties hereto. The provisions of this Lease shall be binding upon and enure to the benefit of the successors and assigns of the parties, but his provision shall in no way alter the restriction herein in connection with assignment and subletting by Lessee. This Lease is declared to be a Massachusetts contract and all the terms thereof shall be construed according to the laws, but not the laws regarding conflicts of law, of the Commonwealth of Massachusetts. 18.0 COMPLETE AGREEMENT. lessor and Lessee further covenant with each other that all covenants, agreements, and representations relating to the Demised Premises or any part thereof, whether oral or written made by and between the parties, either personally or by their authorized agents, prior to the execution and acceptance hereof, be deemed to have been fully performed and discharged; that each of the parties hereto has read and understood this Lease; and that all prior covenants and agreements, so far as they have any force and validity, have been included herein. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals on the day and year first above written. WITNESS: LESSEE: BERTUCCI'S RESTAURANT CORP. Z" I Z L/�� /�' WITNESS: PROPERTIES, LIMITED PARTNERNHIP dba NORTH ANNOQVER OFFICE PARK W I AW F)TUBIT "A" FUR I EautR PWVF FIETES LP q Waffm :Y ! I I Ij r In BERTUCCIS BRICK OVEN PIZZERIA July 24, 1995 Mr. Matthew Yakovakis The Furniture Barn 419 Andover Street N. Andover, MA 01845 Dear Matt, 14 Audubon Road Wakefield, MA 01880 (617) 246-6700 FAX: (617) 246-2224 Bertucci's is basically in agreement with the items of work (Items 1-4 of your 7/16/95 letter) which we will perform as an incentive to resolve the parking/circulation situation in North Andover. The only outstanding issue is I understood that since Bertucci's was to bear the costs of the improvements, plus pay a considerable amount of annual rent to provide off-site parking and security, that the Furniture Barn would permit patrons to park on your premises during the evening hours. The reason we agreed to continue security is to direct any overflow parking away from the Furniture Barn and Walls & All's primary parking area to the rear of your property during Tuesday and Friday, which we realize you are open until 9 pm. We must also remember, Matt, byxeiocating-employee ,parking_we--vill cre-atei15=20-new=parking spaces-fior patron's. If we can not have the benefit of evening parking there is little motivation for us to continue paying for the improvements and security. With respect to the relocation of the dumpster, I thought the relocation would benefit your property. We will gladly remove the relocation as a requirement of the deal. I am tru r ing to resolve this matter in a way which benefits both parties. Tice B I" does-perrri eff-site parkinzJfor�mplayee, so Bertucci's feels comfortable with our p r ing ation. As a good neighbor, we are willing to go the extra distance to make the parking condition better by investing time and money to police the parking, but we must realize some benefit from our efforts. I suggest Bertucci's proposal bears equity for both parties. Please confirm in writing, or contact me to further discuss our proposal. cc: Kenneth Mahony Robert Nicetta --26 THE FURNITURE BARN An Authorized Ethan Allen Retailer 419 Andover Street North Andover. Massachusetts 01845 508 685.3546 Fax 508 688.4353 July 16, 1995 ETHANMr. Michael DiGuiseppe Bertucci's ALLEN" 14 Audubon Road Wakefield, M.A. 01880 HOME INTERIORS Dear Mr. DiGuiseppe: I have received your letter of July 1 I addressed to my manager, Walter Kimball, and I must admit I don't remember ever discussing making any agreements regarding your use of my parking lot for your patrons. In fact, let me say here, now, that I will never in this life agree in writing to permit Bertucci's or any other business to use my parking lot. Please understand there is nothing personal intended here. It is simply a pronouncement of the absolute importance that we place on preserving our parking for patrons of the Furniture Barn and Wall& All. What we did discuss during our meeting was what measures you would take to keep your patrons out of our parking lot during our business hours. And let me remind you that we are open for business until 9 pm on Tuesdays and Fridays. The other part of our discussion centered around your t t - reme�iposed-by- the- own -of -No -r- h=Andover to-p-rovide=an¢ addi-tionai 6 arking spaces=to support your current seating capacity. Failing that, it is my understanding that your seating capacity will be appropriately reduced. As you may be aware, th - o,,un-regulation-requiring d specific -ratio bf pdrkfrig•to lseatiing capaity realiv. mplies that -parking -be -on site. That you are seeking additional parking off site represents a possible exception to that regulation. What I did agree to was that if this off site parking expansion along with certain other commitments on your part succeed in keeping your patrons from parking on our parking lot during our business hours, I would not protest the exception to the parking regulation. The other measures that you said you would commit to included the following: 1. Continuation of a security guard. 2. Restripe your parkins area to make it distinct from ours and to remind your employees that they are not to park there. 3. Issue special window decals to your employees so that if they do park in those off limits spaces they will be detected. 4. Supply the Furniture Barn with new, larger signs for our parking 27 spaces. These signs are to inform all patrons that the parking spaces so designated are exclusively for the patrons of the Furniture Barn and Walls & All. The size of the signs, the wording of the signs and the quantity were to be determined by my manager Walter Kimball, and the expense was to be born by Bertucci's. I call -specific attention to the agreement that there were to be not one sign, but many signs. 5. We also discussed relocating your dumpsters to the rear of the property. Until we have further discussion and evidence that our parking lot will be totally protected for the exclusive parking of our patrons, I am no longer willing to entertain the relocation of your dumpsters on to our property. I will continue to insist however, that your dumpsters be maintained in a neat and clean appearance, consistent with a quality operation and the Board of Health standards. I did not receive the attached site plan referenced in your letter to Mr. Kimball, I do not know what you mean by parking along Turnpike Street, and I do not know what you mean by "peak hours". The only thing that I am certain of is that we will be monitoring to see if your patrons continue to park in our lot. If so, we will report back to the town of North Andover and seek other measures of relief tthew ak akis resident cc: Kenneth Mahony Robert Nicetta TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA 01845 Facsimile Transmittal Form Date: August 17, 1995 Addressee: Name: Joel Bard, Esq. Firm: Kopelman & Paige From: Street: 101 Arch St. City: Boston, MA Fax Num.: 617-951-2735 Name: Bob Nicetta, Bldg. Commissioner Dept: Community Development and Services 146 Main Street North Andover, MA 01845 Telephone: (508) 688-9535 Fax Number: (508) 688-9542 Total Number of Pages, Including Cover Sheet: 14 Additional Comments: Cheryl Ann Banks suggested that I FAX these copies of documents to you regarding Bertucci's. I will call you in the latter part of this afternoon to discuss any remaining question I have on this issue. Thank vou. Bob Nicetta Town of North Andover NQR7M 1* OFFICE OF �a •`"° COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R 4tAHONY North Andover, Nfassa.chusetts 01845 ,ssACHUS < Director (508) 688-9533 June 6, 1995 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Joseph Crugnale, C.E.O. Bertuccits Inc. 14 Audubon Road Wakefield, MA 01880 Re: ZONING ENFORCEMENT ORDER - INSUFFICIENT PARKING FOR BERTIICCIrS AT 435 ANDOVER STREET, NORTH ANDOVER, MA Dear Mr. Crugnale: This is to inform you that, on May 25, 1995, this office inspected the property located at 435 Andover Street in North Andover, the site of Bertucci's Pizzeria, and observed that the restaurant has only sixty-four (64) designated parking spaces. As you are well aware, the number of parking spaces at this site violates the conditions of a variance granted by the North Andover Zoning Board of Appeals on august 28, 1983 to your predecessor, Stuart Thompson. That variance ---,ns with the land located at 435 Andover Street and, therefore, is binding upon Bertuccirs Inc. as the present owner of the land. The variance dated August 28, 1983, a copy of which is enclosed, allowed for the reduction in the number of parking spaces otherwise required by the Zoning By -Law then in effect. In particular, the variance allowed Thompson to share with his abutter, Andover Interiors, Inc., a common parking area between the two businesses on Andover Street, having a total of 140 parking spaces in accordance with a Parking Agreement dated July 21, 1983 (copy enclosed). The variance, however, expressly stated that upon the termination of the Parking Agreement, the parking plan submitted with Thompson's variance application dated August, 1983 and revised September 6, 1983 shall become effective. Enclosed is a copy of the parking plan referred to in the variance. That plan provides for a total of 86 (8' x 1811) parking spaces for the restaurant. On August 8, 1991, this BOARD OF APPEALS 688-9541 SUaDENG 688-9545 CONSERVAi.ON 68&9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert \-joetta iV{i—'4 Howard Sandra Starr Katbleca Bradley Colwell June 6, 1995 page - 2 - office received a copy of the enclosed document signed by both Andover Interiors, Inc. and Stuart Thompson terminating the Parking Agreement as of September 9, 1989. Under the 1983 variance, the termination of the Parking agreement required the implementation of the parking plan showing 86 spaces. As stated above, Bertucci's presently has only parkinig 64 spaces at its Andover Street site. This number of parking spaces clearly does not comply with the parking plan dated August, 1983. You are hereby ordered to implement the parking plan and create an additional 22 parking spaces for use by Bertucci's patrons and employees. If you cannot supply 22 additional spaces, then you must reduce the number of seats in the restaurant from 184 to 128 to comply with the current parking requirements under Section 8 of the Town's Zoning By -Laws. Your failure to comply with this order will prompt the Town to pursue all legal remedies to compel Bertucci's compliance with the 1983 variance. You may within 30 days, appeal this order to the North Andover Zoning Board of Appeals. Very truly yours, D. R Bert Nicetta, Inspector of Buildings & Zoning Enforcement Officer DRN:gb Enc. c/James P. Gordon, Town Manager Kenneth R. Mahony, Director Andover Interiors, Inc. Town Counsel BERTUCCI'S BRICK OVEN PIZZERIA I July 24, 1995 Mr. Matthew Yakovakis The Furniture Barn 419 Andover Street N. Andover, MA 01845 Dear Matt, 14 Audubon Road Wakefield, MA 01880 (617) 246-6700 FAX: (617) 246-2224 Bertucci's is basically in agreement with the items of work (Items 1-4 of your 7/16/95 letter) which we will perform as an incentive to resolve the parking/circulation situation in North Andover. The only outstanding issue is I understood that since Bertucci's was to bear the costs of the improvements, plus pay a considerable amount of annual rent to provide off-site parking and security, that the Furniture Barn would permit patrons to park on your premises during the evening hours. The reason we agreed to continue security is to direct any overflow parking away from the Furniture Barn and Walls & All's primary parking area to the rear of your property during Tuesday and Friday, which we realize you are open until 9 pm. We must also remember, Matt, by relocating employee parking we will create 15-20 new parking spaces for patrons. If we can not have the benefit of evening parking there is little motivation for us to continue paying for the improvements and security. With respect to the relocation of the dumpster, I thought the relocation would benefit your property. We will gladly remove the relocation as a requirement of the deal. 1 am truly trying to resolve this matter in a way which benefits both parties. The Bylaw does permit off-site parking for employee, so Bertucci's feels comfortable with our parking situation. As a good neighbor, we are willing to go the extra distance to make the parking condition better by investing time and money to police the parking, but we must realize some benefit from our efforts. 1 suggest Bertucci's proposal bears equity for both parties. Please confirm in writing, or contact me to further discuss our proposal. I DiGuiseppe cc: Kenneth Mahony Robert Nicetta THE FURNITURE BARN e. ! An Authorized Ethan Allen Retailer 419 Andover Street North Andover, Massachusetts 01845 508 685.3546 Fax 508 688.4353 Is: July 16, 1995 ETHANMr. Michael DiGuiseppe Bertucci's ALLEN® 14 Audubon Road Wakefield, MA. 01880 HOME I INTERIORS Dear Mr. DiGuiseppe: I have received your letter of July 1. l addressed to my manager, Walter Kimball, and I must admit I don't remember ever discussing making any agreements regarding your use of my parking lot for your patrons. In fact, let me say here, now, that I will never in this life agree in writing to permit Bertucci's or any other business to use my parking lot. Please understand there is nothing personal intended here. It is simply a pronouncement of the absolute importance that we place on preserving our parking for patrons of the Furniture Barn and Wall& All. What we did discuss during our meeting was what measures you would take to keep your patrons out of our parking lot during our business hours. And let me remind you that we are open for business until 9 pm on Tuesdays and Fridays. The other part of our discussion centered around your requirement, imposed by the town of North Andover to provide an¢ additional 26 parking spaces to support your current seating capacity. Failing that, it is my understanding that your seating capacity will be appropriately reduced. As you may be aware, the town regulation requiring a specific ratio of parking to seating capacity really implies that parking be on site. That you are seeking additional parking off site represents a possible exception to that regulation. What I did agree to was that if this off site parking expansion along with certain other commitments on your part succeed in keeping your patrons from parking on our parking lot during our business hours, I would not protest the exception to the parking regulation. The other measures that you said you would commit to included the following: 1. Continuation of a security guard. 2. Restripe your parking area to make it distinct from ours and to remind your employees that they are not to park there. 3. Issue special window decals to your employees so that if they do park in those off limits spaces they will be detected. 4. Supply the Furniture Barn with new, larger signs for our parking If 2 T 1995 spaces. These signs are to inform all patrons that the parking spaces so designated are exclusively for the patrons of the Furniture Barn and Walls & All. The size of the signs, the wording of the signs and the quantity were to be determined by my manager Walter Kimball, and the expense was to be born by Bertucci's. I call.specific attention to the agreement that there were to be not one sign, but many signs. 5. We also discussed relocating your dumpsters to the rear of the property. Until we have further discussion and evidence that our parking lot will be totally protected for the exclusive parking of our patrons, I am no longer willing to entertain the relocation of your dumpsters on to our property. I will continue to insist however, that your dumpsters be maintained in a neat and clean appearance, consistent with a quality operation and the Board of Health standards. I did not receive the attached site plan referenced in your letter to Mr. Kimball, I do not know what you mean by parking along Turnpike Street, and I do not know what you mean by "peak hours". The only thing that I am certain of is that we will be monitoring to see if your patrons continue to park in our lot. If so, we will report back to the town of North Andover and seek other measures of relief. i y, tthew ak akis resident cc: Kenneth Mahony Robert Nicetta [AIR - M-, BRICK OVEN PIZZERIA July 11, 1995 Mr. Walter Kimball Furniture Barn 419 Andover Street North Andover, MA 01845 RE: Parking Agreement Dear Walter, 14 Audubon Road Wakefield, MA 01880 (617) 246-6700 FAX: (617) 246-2224 Based on our conversation with Matt, and subsequent discussion with Bob Nicetta and Kent Mahony, it was suggested I summarizes the terms of our agreement, and our continued cooperation in correcting the parking condition. Bertucci's will agree to enter into a parking agreement with the North Andover Office Facility to park twenty two (22) employee cars, and restripe the existing employee parking area to maximize the patron parking. Bertucci's will also provide security during the day to police Bertucci's patrons from parking on the Furniture Barn property. Furniture Barn will permit Bertucci's patrons to park on their property after 6 PM, and if permitted by the Town, and at Bertucci's option, relocate Bertucci's dumpster to a mutually acceptable area. Bertucci's will agree to require all employees to park at the N. Andover Office Park, or during off peak hours, along Turnpike Street. No employees shall park in the area designated as "patron parking only" as defined in the attached site plan. Bertucci's shall also install a new sign (size to be determined ) restricting parking on the Furniture Barn property prior to 6PM. I trust this clearly represents our agreement. I will forward the parking agreement to Mr. Nicetta within the week. Upon acceptance, Bertucci's will immediately relocate employees, and restripe the parking areas. Thank you in advance for your assistance. S,ncerely, Michael DiGuiseppe cc: Joey Crugnale Tony Baletta Robert Nicetta Kent Mahony ,' i 1 3 -�A- 1�) -�kA BRICK OVEN PIZZERIA July 11, 1995 Mr. Walter Kimball Furniture Barn 419 Andover Street North Andover, MA 01845 RE: Parking Agreement Dear Walter, 14 Audubon Road Wakefield, MA 01880 (617) 246-6700 FAX: (617) 246-2224 Based on our conversation with Matt, and subsequent discussion with Bob Nicetta and Kent Mahony, it was suggested I summarizes the terms of our agreement, and our continued cooperation in correcting the parking condition. Bertucci's will agree to enter into a parking agreement with the North Andover Office Facility to park twenty two (22) employee cars, and restripe the existing employee parking area to maximize the patron parking. Bertucci's will also provide security during the day to police Bertucci's patrons from parking on the Furniture Barn property. Furniture Barn will permit Bertucci's patrons to park on their property after 6 PM, and if permitted by the Town, and at Bertucci's option, relocate Bertucci's dumpster to a mutually acceptable area. Bertucci's will agree to require all employees to park at the N. Andover Office Park, or during off peak hours, along Turnpike Street. No employees shall park in the area designated as "patron parking only" as defined in the attached site plan. Bertucci's shall also install a new sign (size to be determined ) restricting parking on the Furniture Barn property prior to 6PM. trust this clearly represents our agreement.] will forward the parking agreement to Mr. Nicetta within the week. Upon acceptance, Bertucci's will immediately relocate employees, and restripe the parking areas. Thank you in advance for your assistance. C --Sincerely, Michael DiGuiseppe cc: Joey Crugnale Tony Baletta Robert Nicetta Kent Mahony i A D 0 m a a) '4a 2 a > .c D to a RI Q Di I' A r m 0 O Z � 'p > y a In �1 NW Q r Z O p x-14 z p 0 9 0 ' Q X m m m 0 > r 2 Q z Q Z r a m a w > O O 0 o -t m 0 z m m p c m� m r D 0 Z m O O 3 ) ,c 3> Z A .s m m.3 A' a _ O 3 Wi p - > c p .p . m o n m a a O+ O i0 m m z i o w e 0 s � Q m n D 0 0 A 2 m i A D 0 m a a) �oqQ m Jm A 2 _C 2 .c c D r i P I' A r m 0 O 4 D 'p > y a `S w Q r Z O p _c .:p dl p 0 9 0 ' Q X m m Z O > r 2 Q z Q z Q r a m a w m 0 W z :m o 0 z v m Z> Q r �oqQ m Jm A 2 _C 2 .c r i P Y r m c 'p > > a `S w _ A � n. �1 z m p _c .:p p 9 0 Q Q X m Z O > r 2 Q z Q z Q r a m a w m 0 W z :m o 0 z v m Z> Q r D 0 Z m O 3 O 3 Z> 3> Z A .s m . i0 m GZ 0 0 t n O � � m O i m D D A Q m D N m O( N m m _c c_ _c c_ m m 0 m Z m m 0 r O r O r 0 r AOn � T -{ 0 ' m 0 m lin z m m X p o 0 Q 00 O T 0 0 O i 0'n n O O o 0 Z n _i Z p C o 0 M A m c O Z Z z z m= 0 3 c� o v m m ; c D 0 0 m m < D z m r (0 m 11 m 0 m 0 m 0 0 O Z a m A m G 0 0 0 N z m z -1 -1 r c�� o _) mz z r 9 D m f :� D 0 0 m A -1 A N m r z N k= z m q, I D m I` n x 00 4 o W � G1 • -� A 2 O 2 I I -� t I I 1 r SENT BY:BERTUCCIS CONST DEFT ; 7-13-95 ; 4:54PM ; BERTUCCI'S4 �bV S 'DWIS 2 � It VslmgsvkLo L lit Qj, IAUM = _ lolAiaov M214 ��► 7wttifsx� � 1 My ► WIJ Vpnm x ,'Olt $46 �lkq*-Ls t 1%11't JL2-*AIOVC T �.'Yl.trtls! Mei is 1 r: S •r •fid �• Y �i�i+b0tt1�N1911lLSi1l� �' o ' � 1 ; �•t 508 682 2397;9 2 Iwe-oxv *Mgk..*..a va i40%1vJfrS'" p lld119 02r+az """Wn Itu'D = CA. ao .1dla16V wt>U,wa.) 1 S c �u.�n��ssw7 �1ltavn� 7flav Ims"16 t! lkltt 1W 24 asnarw 31IMM avvaWJ '-70.L7V7 WQ'4 "AIIJ A 4 -MIA 0 4561p as v 1 r: S •r •fid �• Y �i�i+b0tt1�N1911lLSi1l� �' o ' � 1 ; �•t 508 682 2397;9 2 Bli 582 23974 1 AW BPJCK OVEN 4T 14, FAX COVER LErfER 14 Audubon Road Ph0re: Wakefield, STA 02S$0 6x7) 246-6700�'ax: (617) 246,2224 4o wkj u3 m} Vp " 4a — 0*CD woo ao ec ea 00 O9 — 9L 9*b0 ai oo q■) (+a aep De O4 p 64 04 ► b p4 q wo 0of PCs. following: _ r Ta: �)511 r------- Tsibcopy Number; Offica number: From:. COM Men Is: El OelMnaf will follow by mail 11 *1"u go not reee{ve a{{ of the P11905 Or any par{ is i{{e 1b{a (617) 246.6700 prior to 6:00 p.rn, Thank you! 9 P{o:aae CoI1 ii F JULi *$1995 s - 4NPovez 'r7eCZ-r t u y P.MVIlur. t►4Clt+�R'i011� r� 1*6tit zzNOrSG f still lhtLm ' IfC404"-1� 1FSLAO �y GlFL CeIRtT� �1• 1 I l umP.! ...,—.�.- to dttisiv Lg at®t.4 oop.da e 1 Z CAR Z99 909 I Gaa, P,m yc*,wror—. "J CAwf4ts 'N'l" ulr MOvvv 1,6460. vkri eyOTHcaj AiRalt� ,putLomc. Cm1Civt yc (ittrK 1$ Comv%gTfp AAt# Talar- 'ro puktA& BPWREiO%%,. r.". towm. s mcm#" .. C�iC. 34,A�3 p033Hc�TiO�I i87-150' 1u x 0% - tMw SA14CfAIZ*( 4 3AMT*�%",( 4.1ma i ITCLO41 IN p6W u ua+arW4. A14C c a"+ CriM7QA C1 I-er.t4p r EXOT 6 we t4aw At?41not OYalLrow►xa " + P.MSTIKtl 5 JUL *S,I99f11�J39 ��ddb9;t 95 -E6 -L ld30 1SNb9 SI oniHH 9:A9 1N3S ,-kQ�UCC.0 s -- Se�ioTS --- r e --Rot. ._---- 1s't BERUUCCE15 BRICK OVEN PIZZERIA June 27, 1995 Mr. D. Robert Nicetta Building Department Town of North Andover 146 Main Street North Andover, MA 01845 RE: Bertucci's Restaurant 435 Andover Street Dear Mr. Nicetta, 14 Audubon Road Wakefield, MA 01880 (617) 246-6700 FAX: (617) 246-2224 Pursuant to our conversation, Bertucci's is requesting an extension of July 18th to resolve the parking situation outlined in your letter of June 6, 1995. Over the past few weeks Bertucci's has identified a few methods to resolve the pending parking requirement of the Town of North Andover. Unfortunately, due to people out of town for the July 4th holiday we have not been able to finalize the negotiations. It is for this reason that we respectfully request an extension to July 15th to provide a parking plan which addresses the zoning requirement. Unless I do not receive written notice by June 29th that the Town will not accept our request we will assume the schedule is acceptable, and we will proceed towards satisfying the July 15th deadline. Thank you for your assistance in this manner. Bertucci's Restaurants remains ready, and willing to work with the Town of North Andover to a mutually resolve of this situation. Si DiGuiseppe cc: J. Crugnale J. Tdpodt T. B'fle#ta 'M28 V ' • SENT BY:BERTUCCiS CONST DEPT ; :-27-95 ; 4:117PM BERTUM'6-4 505 652 2397;# 1 zi. fi BRICK OVEN PIZZERIA FAA COVER LEnER 14 AUdUbon Road 11,110ne: (617) 246-6700 Wakefield, MA 01880 Fax: (617) 246-2224 Qw w W 0,0 � (5-0 W Do Do Do co 00 C"2 cc cto 00 00 *0 *0 00 Q0 C3.0 -C.0 M 00 co 00 60 60 w 00 0* Do tko C-0 got p9s. following: Company: :jpy numbei: Unice Number. — -] 00 1:)-1 Go 00 cc w 0000 01j CIO 00 00 0.0 0-0 40 oz 00 w oo on 000o oo M 00 MMAd C-2 M b3 C-0 oo 0C T C oal rn e n t;3 - El Original will tonow by mail If you do not receive ail of the pages or any part Is Illegible, please call (ui7j 246.6700 prior to 6:00 p.m. Thank youl I Jl SENT A HR UCCIS CONST DEPT ; 5-27-95 ; 4:18PM ; r '14 i MV--" ,tune 27, 1995 Mr. G Robert Niruettli Building De parlrt;pilt Yowl of North Andover 146 Pvla,n Strect North Andover, MA 01845 F1E. SO."uCet's Restaurant x+135 Andover Street Geta, E ;r Nlcorta, BERTUCCI'S-+ 508 682 23974 2 14 Audubon Road Wakefield MA 01860 617� 246•;;U'C Pursuant to our convorsation, Bertucci's is requesting an extensi-nr; of jj ly 181h to resolve the parking situation outlined ir; your letter of June 61999, Over the past few weeks Bertuccl's hes identified a few met.hod s to res:-ftie the pending parking requirement of the Town of North Andover. Unfomunatoiy, clue to peoPle out of town for the duly 4th holiday we have not been able to finatixe the negotiations, it is for this reason that we respectfully request 1zn extension to July 15th to provide a parking plan which addresses tate zoning requirement. Unless i do not receive written notice by June, 29th that the Town will not accept our request we will assume the schedule is acceptable, and we will proceed towards satisfying the July 15th deadline. Thank you for your assistance In this manner. Bertucel's Restaurants retrains ready, and willing to work with the Town of North Andover to a mutually resolve of this situation. DiGuiseppe cc: J. Crugnale J. Ttip4i F ftiette JO 2 7 1995 Town of North Andover f NORTH , OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street ' KENNETH R. MONY North Andover, Massachusetts 01845 SS4CHUSE Director (508) 688-9533 June 6, 1995 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Joseph Crugnale, C.E.O. Bertucci's Inc. 14 Audubon Road Wakefield, MA 01880 Re: ZONING ENFORCEMENT ORDER - INSUFFICIENT PARKING FOR BERTUCCIIS AT 435 ANDOVER STREET, NORTH ANDOVER, MA Dear Mr. Crugnale: This is to inform you that, on May 25, 1995, this office inspected the property located at 435 Andover Street in North Andover, the site of Bertucci's Pizzeria, and observed that the restaurant has only sixty-four (64) designated parking spaces. As you are well aware, the number of parking spaces at this site violates the conditions of a variance granted by the North Andover Zoning Board of Appeals on August 28, 1983 to your predecessor, Stuart Thompson. That variance runs with the land located at 435 Andover Street and, therefore, is binding upon Bertucci's Inc. as the present owner of the land. The variance dated August 28, 1983, a copy of which is enclosed, allowed for the reduction in the number of parking spaces otherwise required by the Zoning By -Law then in effect. In particular, the variance allowed Thompson to share with his abutter, Andover Interiors, Inc., a common parking area between the two businesses on Andover Street, having a total of 140 parking spaces in accordance with a Parking Agreement dated July 21, 1983 (copy enclosed). The variance, however, expressly stated that upon the termination of the Parking Agreement, the parking plan submitted with Thompson's variance application dated August, 1983 and revised September 6, 1983 shall become effective. Enclosed is a copy of the parking plan referred to in the variance. That plan provides for a total of 86 (8' x 1811) parking spaces for the restaurant. On August 8, 1991, this BOARD OF APPEALS 688-9541 B=ING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert NiceUa Michael Howard Sandra Starr Kathleen Bradley Colwell June 6, 1995 page - 2 - office received a copy of the enclosed document signed by both Andover Interiors, Inc. and Stuart Thompson terminating the Parking Agreement as of September 9, 1989. Under the 1983 variance, the termination of the Parking Agreement required the implementation of the parking plan showing 86 spaces. As stated above, Bertucci's presently has only parkinig 64 spaces at its Andover Street site. This number of parking spaces clearly does not comply with the parking plan dated August, 1983. You are hereby ordered to implement the parking plan and create an additional 22 parking spaces for use by Bertucci's patrons and employees. If you cannot supply 22 additional spaces, then you must reduce the number of seats in the restaurant from 184 to 128 to comply with the current parking requirements under Section 8 of the Town's Zoning By -Laws. Your failure to comply with this order will prompt the Town to pursue all legal remedies to compel Bertucci's compliance with the 1983 variance. You may within 30 days, appeal this order to the North Andover Zoning Board of Appeals. Very truly yours, D. Rdbert Nicetta, Inspector of Buildings & Zoning Enforcement Officer DRN:gb Enc. c/James P. Gordon, Town Manager Kenneth R. Mahony, Director Andover Interiors, Inc. Town Counsel c tt V.1' — L .A ".,:D i . T.; . f H0. ::ij t . AUG 29 I ae AN '63 r� d LORT)f S?d M33 ►., ci+ t r TUFN OF NORM ANDOVER . MASSACHUSE1 CS BOARD @j APPEALS NOTICE Oi� D;:CISION T Any 1)Peai shall be 'lied within (20; dCys rftar tt•? date of filir of this Notice in the Office of the Town Clef k. Date ...u,gIIst 2.9 �..'. f'".'.... CtiLiUn 140. Date of Hearing. 9.9 u s f.. 3, 1 9 8 3 Petition of TIiCNIPSON' S tiS [.1L��i', 'aS. - ..... Premises 3ff acted . ? 5„ ii n, d o V e ' C a roc + l r.. Referring to the above Petition ior r :.•prat on f om ti c rcquimd mita of the . �'� n .' n "s V. L a w , Section 7, Par. 7.3 and .able 2 of+d " tion 8, ?ar. Z.1 ...............I................ . .. ... ...... ............. ........ so as topezmit_relief frcm tf _ yard .e'_ba-i;irem,P.ts and rei-,C o.71 the parking requi r,?a.nnt5 and a spec i f er-: r Li r, r e r ' Par 3 1 and 9 2 Lo n_r;lit tile 2 r Iar9c - tt o. a non -cc:r.n cr.n , s`ructur to al low •the constructi^i �.! . . ................ After a public hearing giver m "--,e ahove rs'�, :l•e7na:d of Appe,..:-,; voted to .. G r' n v. a r i a n c e s. a n d S p e c i a l P e r ;� i+ and 5f..cby Ruth --,r;— the Building Ins- ct.cr tc :� ;uc a permit to .. 71,ompspn's OR ;ur n ., nc. for tl,P m-113t.rIc'.:on of fh', r��'.� ..:,;�c. ? ,��-1 •;••� rye {•,tinw;n� cnnditi�rs: 1. at the �'�rk.. _,... '„ �_. ;� G ...e-.. r �•... •1 i v L, written:, -,.._r r.a.s, .c. gin; `"a.. a' -� shown on the ,la .s_..c'� r.�•'' tG t:`in i.. .t:... yi occupancy pe r;:1 . S_C nrd Frank Serio , 1r. , C.hai r- r rrizclie -.q Y. _ u - c',ar,; J.•...i,reaan.i.er.,..ts.a ...� i r`' ;•! i i 1 i an. J.... S. u l.1 i. v a n Augustine h...N?cr.ersen Board cf Ap..pc"-!j l RtC�!�rc� TC1: i `R� NORTHii.'rIVER An Z9 1 39 °H'83 TOWN OF NORTH ANDOVER MASSACHUSETTS SOAR? OF APPEALS Mr. Daniel Long, Torn Clerk Town Office 3uillinc North Andover, ''lass.• Dear `4r. Long: Any appeal sha!I be file,. within (20) days after t~ date of filing of this Plot;. in the Office of. the Tcv. Clerk. August 79, 19n3 Thom,pson's Restaurant, Snc. 5 Andover Street Petition IIo. 42-'83 The Board of Appeals he! d pub i c hea -41 nn' on Monday eveni ng , August 8, 1983 upon the cppli cation of T;horr;nson's R..estaurant, Inc. The hearing was advertised in the ;;orth Andover Citizen on July 21 and.28, 1983 dnd aii abutters were notified by regular mail. The follow,ng members were present and voting: Frank Serio, Jr., Chair,:—in; Al Fred E. Frizelle, Esq., dice - Chairman; Richard J. 7r1panier, Es.,_ Clerk; William J. Sullivan; and Augu' ne W. aic:ersnn. The petitiuner � :-c',., a variance of S- cr.ion 7, Paragraph 7.3 and Table 2 a,id Sec' -ion 8, Paragr_ph C.1 and a Special Permit under Section 9, Paragrac',s 2.1 and 3.2 o1 rte Zoning By Law so as to permit rel _ -rum _ire -!a r.4 setboc'r, requirer:,ents, r -,�i rete^,s and the enlargement of a r.c r, - cion fl. .. - y i'r '� l i'r rv( C! f 1!1n O c addit'ons on pr'^,_es Ar,dcver ,trees. 1i70ny ±. roughiir. St::art 1SCr and hls att01'!ley revealed that the ";_)eciul '1 -;nit is rece;l.3ry to allow the expansion of a non-.i.nformin9 structure, being a restaurant. Vari;inces are nFcessary to alloy relief fro►, the setback requirer.en.ts which cannot be ,net and for the nl:mher and size of the parking spaces on *lie pre,-,J—_es. Proposed are the following: 1. A ToungF and function area, consisting of a greenhouse room and seating arnproximately.16 people. 2. A bar, seat , n;., 13 people . .3. A nulti-purpose room to accomodate 56'people with a separate Thompson's Restaurant, Inc. 435 Andover Street Petition No. 42-'83 Page 2 Ca " 0 J 1 7c:-)) !PV entrance. AucJ 2J 129-110"03 4, Two small private dining rooms, seating 12 people each. 5. A new foyer, including a handicapped entrance, :rhich in- volves moving the front entrance, 6. New rest rooms, including handicai,ped facilities. 7. Enlargement of the kitchen. 8, A new kitchen entrance with p;•ep area and receiving area dock, which involves moving the bake show. The applicant further tes.ifi:-d that he has an agreement with the adjacent Furniture gar^ 'n provide additional parking. He }s proposing 62 p:arking .;paces or, his premises, which -e r sents e 5_yew r than are rreru-rid Dv the Zon;n 2r P e - g y Law. A revised plan showing tc+�1 0 8� spaces w ever, the applicant �as prepared. How- r_auestec that the Plan showing the 61 parking spaces be approved , the Board, The Board rendered their decision at a r ..p:ciai Meeting held on Monday evening, Aucust 22, 1823 wit the following members present and vo Fr,n , %ha r' an Al fred E. rrizelle, Es ��n3` z Serio, ,;r. Esq i e v haIrman; Augustine 1w.am J. Sullivan; and ,•;lcvpr;o", Upon a motion made b , t �'r• Fr��ei ;2 ar.r,' Seconded by ..r' �uiiivan he Board voted ur,ani.:,c:;;l to grant i ' visions Of Sec ion o p ` 'ear anCL from the pro - -Naces in a =rapes o.I, which ill allow c.6 ar;;' 1 vi 1unCC' f r m �� .iI ]nc ?Ce fpr �aC` i('rC`: edt,' ny r , �J alI�'r a' '3 n _ J vary the $jje i are $'; eCt ` �. nn.i:4 -C O 1!' Above- 0.1 and become of e y, ems'` on th•.it the parking plan will f c-ive upon ,,ermina;,ion of the :•:rit_en lease with Andover Inter1ours, Inc., which is 90 days afterwritten 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 fo;;tnote 1 of Table 2 for the ICU foot setback from Route 114. The variances ranted are the condi ti un that the A 9 P subject to 6he conved prior to t � garage shown on the plans be razed or " e ;ssuance of an occupancy permit from the North Andover Building Inspector, In addition, a.Special Permit under Section 9, Paragr'phs 9.1 and 9.2 i:; granted. F.;:^' =� — Thompson's Restaurant, Inc. 0 S 435 Andover Street 1C: F.r Petition.No. 42-'83 NORM '"R Page 3 Aac t9 1 39 FM '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'By Law would involve a hardship to. the petitioner, owing to the shape and size of the parcel. In addition, the Board finds Lhat 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; adenluate 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 k , d n o i s 'v � Sincerely, BOARD OF APPEALS, Frank Serio, Jr., Chairman THCMPSON'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 35Z Total Land area 35,560 sf X .35 Total Allowed use 12,446 sf Estimated space of Restaurant vita new additions Restaurant 100' % 63' - 6,300 sf Garage 24' % 24' - 576 sf Total Use 6,876 sf NOTES Garage is to be removed PARKING AGREEMENT AGREEMENT made this 7L/ST day of 17-111 , 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 "Thompsvn's Restaurant"), and ANDOVER T TFRTORS, INC., a Corporation duly u. U organized under the laws (4 CAP-_Renw6alt-h--n€ �4aseaEh se-ccsT� 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"). i WHEREAS, the existing parking lots maintained by Thompson's Restaurant and Andover Irtericrs 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 c= 7--nom-son'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 ^remises of each party abuts and provides that no fence or barrier of any nature or description shall be erected thereon, therebv permitting common use of the parking lots; and + WHEREAS, it has been c--m-ron 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 herebv acree as follows: 1 . The mar 1Ct5 Of ml -Cr, =Son' s Restaurant and coI nl ex and the park4ng lots 0= Andover T^teriOrs and complex shall be considered as one (1) -ark.-Ln.- area for common use by both parties, and tota-L narki: for the common area shall be maintained to allow for the parking of one hundred forty (140) vehicles. 2. Thom son's Restaurant and Andover Interiors each aaree 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 t heli respective areas as aforesaid, the other party may enter onto t�.e 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. P. 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 emplovees of Thompson's Restaurant and Andover Interiors, and this Agreement shall in no ,z.anrer be construed as establishing any joint venture or enterprise by Thcmpson's Restaurant and Andover Interiors. 5. This Agreement shall remain in full force and effect until I suc: 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 mall 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 I shall thereuc_on become the effective address of such party for I the purposes of this paragraph. i 6. All covenants, agreements, conditions and undertakinas i contained in th is Agreement =1_x.11 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. F (2) 0 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 : "'? Z rl Ile Stuart Thompson, Treasurer ni ANDOVER INTERIORS, INC . , d/b/a f THE FURNITURE BARN M tthew xovakis, President (3) • TELEPHONE (508) 685-3546 An Ethan Allen Gallery THE FURNITURE BARN JuNcrioN ROurEs 125 AND 114 NORTH ANDOVER, MAsswcsusErrs 01845 June 9, 1989 Thompsons Restaurant, Inc. Mr. Stuart Thompson 435 Andover STreet North Andover, Massachusetts 01845 Re: Parking Agreement dated July 21, 1983 This agreement is to be terminated as of September 9, 1989 by the Futniture Barn as per Section 5 ofthe above agreement. Walter M.c4aigZT1 it nager Andover Interiors, Inc. dba THe Furniture Barn Stuart Thompson Thompson's Restuarant �; :� '� iii �`✓/ AUS - 81991 AO -0 It ,j 6, P, 'a, 0 fREE 6,1 off A?' -f ky\ IL FZ- 4 4- 1 t4 -ry iAK o V A K 15 DENISE YA /< 0 V A K 15 r4 ft9, A'vApovflZ5-7,lZ,5ar- rl I tN 7 ANO -V£2 /V- 3 s 4- 4'- 5-5 93 O UNOAR y 4 4-: K AS- 7-- u -r- NI P 0 -5 7- L-- R C A L -r X 7-R ✓ -s -7-- 45-1 AD.V 6 R 5 r4,6 c - ' a NO a-, IV AP.v,Q- IV 0 A A /V z;' 0 1A S S. . 'ca ay 0 /If .5 0 A"S RES 7-A O/eAA/7- TIVC, SCALE 40• 5 -ro wS /z 5 A C 9 0C/Ares a , Z A N C> .5 u R_ VL 'Y a R_ A w6v.57- 1983 7- IV e� --,V, A A Cl/i6 C-0 9-6-83 40 p /00 200 ti rj A 7 < in nnt,;•rrn 1, .:tk -U "9:1"'t;1)n1 P, I,. J+ ",'I" g3 ti rj A 7 < IVOIZ7-H ANDOVER 0 A tZ 41 of A PP r A Z 9 0 A TZt_ '? - L)__ - 0 Go V At R A6£ y , 5 U'Lvj'a 4240SQ.rr. - P/7c,lo-cep Atp,r,1 7-a 1 A L 7'0'rAL O^R_ki,4r. O'PAc&.v = 86 (6'.O'x lines M e.,i I-rm 0-11, 1 J+ ",'I" $-5-g3 IVOIZ7-H ANDOVER 0 A tZ 41 of A PP r A Z 9 0 A TZt_ '? - L)__ - 0 Go V At R A6£ y , 5 U'Lvj'a 4240SQ.rr. - P/7c,lo-cep Atp,r,1 7-a 1 A L 7'0'rAL O^R_ki,4r. O'PAc&.v = 86 (6'.O'x LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOELB.BARD EVERETTJ. MARDER PATRICK J. COSTELLO JOSEPH L. TEHAN, JR. WILLIAM HEWIG III THERESA M. DOWDY DEBORAH A. ELIASON KOPELMAN AND PAIGE, P. C. ATTORNEYS AT LAW 101 ARCH STREET BOSTON. MASSACHUSETTS 02110-1137 Mr. Robert Nicetta Building Inspector North Andover Town Hall 120 Main Street North Andover, MA 01845 BOSTON OFFICE (617) 951-0007 FAX (617) 951-2735 NORTHAMPTON OFFICE (4 13) 585-8632 WORCESTER OFFICE (508) 752-0203 June 6, 1995 Re: Zoning Enforcement Order For Bertucci's Pizzeria At 435 Andover Street Dear Mr. Nicetta: JEANNE S. MCKNIGHT JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS DAVID J. DON ESKI SANDRA CHARTON- ILANA M. QUIRK BRIAN W. RILEY MARY L. GIORGIO KATHLEEN E. CONNOLLY JOHN G. GANNON KURT B. FLIEGAUF MICHELE E. RANDAZZO PETERJ.FEUERBACH Pursuant to your request, I have prepared the enclosed enforcement order for your use in enforcing the terms of the 1983 variance for the parking lot at Bertucci's Pizzeria at 435 Andover Street. Also enclosed is your original file in this matter. If you have any questions about the draft order, please call me. CAB/jc Enc. CC: Town Manager Very truly yours, i� Cheryl Ann Banks PRINTED ON RECYCLED PAPER June 6, 1995 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Joseph Crugnale, C.E.O. Bertucci's Inc. 14 Audubon Road Wakefield, MA 01880 Re: ZONING ENFORCEMENT ORDER - INSUFFICIENT PARKING FOR BERTUCCI'S AT 435 ANDOVER STREET, NORTH ANDOVER, MA Dear Mr. Crugnale: This is to inform you that, on May 25, 1995, this office inspected the property located at 435 Andover Street in North Andover, the site of Bertucci's Pizzeria, and observed that the restaurant has only sixty-four (64) designated parking spaces. As you are well aware, the number of parking spaces at this site violates the conditions of a variance granted by the North Andover Zoning Board of Appeals on August 28, 1983 to your predecessor, Stuart Thompson. That variance runs with the land located at 435 Andover Street and, therefore, is binding upon Bertucci's Inc. as the present owner of the land. The variance dated August 28, 1983, a copy of which is enclosed, allowed for the reduction in the number of parking spaces otherwise required by the Zoning By -Law then in effect. In particular, the variance allowed Thompson to share with his abutter, Andover Interiors, Inc., a common parking area between the two businesses on Andover Street, having a total of 140 parking spaces in accordance with a Parking Agreement dated July 21, 1983 (copy enclosed). The variance, however, expressly stated that upon the termination of the Parking Agreement, the parking plan submitted with Thompson's variance application dated August, 1983 and revised September 6, 1983 shall become effective. Enclosed is a copy of the parking plan referred to in the variance. That plan provides for a total of 86 (8' x 181) parking spaces for the restaurant. On August 8, 1991, this office received a copy of the enclosed document signed by both Andover Interiors, Inc. and Stuart Thompson terminating the Parking Agreement as of September 9, 1989. Under the 1983 variance, the termination of the Parking Agreement required the implementation of the parking plan showing 86 spaces. As stated above, Bertucci's presently has only 64 parking spaces at its Andover Street site. This number of parking spaces clearly does not comply with the parking plan dated August, 1983. You are hereby ordered to implement the parking plan and create an additional 22 parking spaces for use by Bertucci's patrons and employees. If you cannot supply 22 additional spaces, then you must reduce the number of seats in the restaurant from 184 to 128 to comply with the current parking requirements under Section 8 of the Town's Zoning By-laws. Your failure to comply with this order will prompt the Town to pursue all legal remedies to compel Bertucci's compliance with the 1983 variance. You may within 30 days, appeal this order to the North Andover Zoning Board of Appeals. Very truly yours, Robert Nicetta, Building Inspector RN/ Enc. CC: Town Manager Andover Interiors, Inc. Town Counsel 0833 :.-,ILJrj'VER Am 29 .1 "I PH '83 TURN OF NOR M ANDOVER MASSACITUSEI CS BOARD - OF APPEALS NOTICF 00 DECISION Any apPeal shall be flied Within (20) d,,ys ',nftor ti,? date of filiji, of this 1, Notre in the Office of the Town Clerk. Date...;,::gust 29, !2'-3 nCtiLiun No. Mte of Hearing.Au.qu.t .3,. .1.9.83 Petition of THOMPSOI'S.R'L:"-:I,.AU.RAt4.r, 1,jr. ..... ............. ... ... ... . ..... .......................... Premises affected . .4 3 5.. A n.4 o.v.e r. .." t.r.e e t.... . . ............................... ...... Referring to the above Petition for -i on f om the m -q uire ' �, - n " 18 Z Q) n.1; rr,lits of 4 ., Ry. .Law , Section 7, Par. 7.3 and TabIE 2 ,,d 'LtIon Par. . . . - . I .............. ......... I . . ........ . ... ... ... ...... ...... . ...... - so as to pe'rmit relief fr-cm tf�,.; yard e b a 'k, - e 'I, ij i rerionts and re i 'i e ..... .. ... 'Oei"ri-n from a. a. the parking requi n t s and rpec'I ,I t ii ri"d e r P c Par. 1 a n d 9 . 2 , o r -n i t tree 2 n I a r g c,,-- r It o a n o n - c C) n 1: 0 r n (i st-rticture, ..... ..... . ... .... to al i 'ow'-' construction of add -1 0 'r 15 . . . . . . . . . . . . . . . . . . After a public hearing giver. on Ue ahove (jFj;e, fl -f- 7-nard of Appeals voted to ...G r.� n t the and hereby autbor;-- variances. an.d. . Special Permit e the Building Inspect.or tc; -".i4a.e a 0g permit to T hun.i ps un ' s R- s '- -i u -.-- n C for the const-r-ict-on of the -xrirk. 1 -,00d sir, • t',.e f("Ilnwinff 1. ?hat I -,h e Parkin:; C IV L e Ij L the written I ti j e r •1L t- C, S C ung hi d e shown an the I a s J e c. : t- C C'v C r 4: Fi 1' to 'L 'I CS an 0 C C U P a rl Cy Pe rill 'L Sign r d Frank Ser -10 J r C h a i r!n,: r j E . Frizelle. ... . ..... . r— e U Li c.li a r d J. T.r e p a. n.i.e r E s.q e r k ;liilia rn J. S. u .1 i., y.a n Augustine c 'r: e r s e n Board cf Appeals t _ � RCCEl�fLO Lill, r. NORTi! :;�6'Y"ER Auc Z3 139 FM '83 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARi7 OF /APPEALS lice' l `NI, f ' Mr. Daniel Long, Town Clerk Town Office 3uii,ling North Andover, 'Mass. Dear Mr. Long: Any appal Sha!I be file, within (20) days after t, date Of filing of thisNot;.,, in the Office of. the Toy, Clerk. . August e 9 , 19P3 Thompson's Restaurant, Inc. 435 Andover Street Petition Mo. 42-83 The Board of Appeals he'.d public hearinr;'an Nonday evening, August 8, 1983 upon the application of Tho-m-1son's Restaurant, Inc. The hearing was advertised in the Morth Andover Citizen on July 21 and. 28, 1983 and all abutters were nol.ified by regular mail. The follow.ng members were present and voting: Frank Serio, Jr., Cha1r!;1n; AIIred E. Frize11e, Esq., Vice - Chairman; Richard J. Tr-,panier, Esq., Cleric; William J. Sul I i van; and Augu, `i ne yI. ;; i c!:.ersnn . The petitioner ', a variance of St -onion 7, Paragraph 7.3 and Table 2 a!id Seci.ion 8, Paragraph 8..1 and a Special Permit under Section 9, Paragrao`;s 9.1 and 3.2 of h_e Zoning By Law so as to permit rel = ; rum the ;,ar.i setback requi rec;ents, rt ,,r 'ro-r r-,q:uirements, and the enlargement of tr,i rorI Lt *.IC1n 0f 1dd1t1CRS Un jJr''T,?$ ,_Coit at TJJ AndeVer trees •estinony rough ':-!r. St::art Thompser. and his attorney revealed that the pec ial P,nriait is recessary to al low the expans ion of a non -ii forming structure, being a restaurant. Variances are nFcessary to allo:r relief from the setback requirer,en.ts which cannot be ,net and for the n;mber and size of the parking spaces on the prod lies. Proposed are the fol Iowing: 1. A Toungp and function area, consisting of a green .house 4_ room and seating approximately.16 people..= 2. A bar, seat , n:, 18 pcopTe . •3. A multi-purpose room to accomodate 56. people with a separate Thompson's Restaurant, Inc. 435 Andover Street Petition No. 42-183 Page 2 CSP` U entrance, AUG 29 1 29 FM '03 4. Two small private dining rooms, seating 12 people each. 5. A new foyer, including a handicapped entrance, which in- volves moving the front entrance. 6. New rest rooms, including handicapped facilities. 7. :f•ccR hu=. � �. � r AUG 29 1 29 FM '03 4. Two small private dining rooms, seating 12 people each. 5. A new foyer, including a handicapped entrance, which in- volves moving the front entrance. 6. New rest rooms, including handicapped facilities. 7. Enlargement of the kitchen. 8. A new kitchen entrance with dock, which involves moving the area and receiving area tine bake shag. The applicant further testifi,,d that he has an agreement with the adjacent Furniture Barn 'provide additional parking. He is proposing 62 parking _;paces on his premises, which repre- sents 26 _fewer than are requ=r.-d by the ?oning Ey taw. A revised plan showing atQtal of 8E spaces was prepared. How- ever, the applicant requestec that the plan showing the 62 parking spaces be approved by the °oard. The Board rendered their decision at a 'p=cial Meeting held on Monday evening, August 22, 1983 with the following members present and voting: Frank Serio, Jr., Chair!' -an; Al fred E. Frizelle, Esq., Vice Chairman �• Augustine 41, IN ckerso,i , 11 i am J. Sullivan; and Upon a motion made by ; r. Fri Ze l ie the Board voted ur,animousl_' to grantna variance nded from' �heu�r�'lan, visions Of Section g Paranraph 3.1 , , spaces ir, Pear,' f e .._.a rhich rill allow F6 pd ng ,1 variance fr'um, ? y.I" " ane ;re f0 Mach i.hree , ll r , ' , eat. , ow 8' `, Y yrs, � t p ! ar ty�p 0° x l �,:r�t0 E 1 0, ✓ V size S. I acil. rl f _ilr ti I and ` (�i are Sl;b�eCt tP ".e CCr•:ii `.On 'a�OVe� � became effective upon the 'th•.lt the parking Plan will n Andover Interiours, Inc., whichis�go day shaftere v.,ri�wen lease with to .Thompson's Restaurant, Inc. 1 tten notice Paragraph 7.3 and Table 2 for setbacks aisagranted;riancerom and$especifi- cally, a variance from footnote 1 of Table 2 for the 100 foot setback from Route 114. The variances granted are subject to the condition that the garage shown on the plans be razed or removed prior to the issuance of an occupancy permit from the North Andover Building Inspector-. In addition under Section 9, Paragraphs 9.1 and 9,2 is a. Special Permit f. granted. i r Thompson's Restaurant, Inc. 435 Andover Street Petition -No. 42-183 Page 3 • - s hr NOR' ;'; E An ?9 1 39 1'H'83 In granting the variances, the Board finds that Section 10.4 of ' the. Zoning By Law has been 'satisfied. Specifica_l,iy,.the Board finds that desirable relief from setback requi:,_rements ., 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•Qy 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 w`th the general purpose and intent of the.Zoning By Law. jw Sincerely, /7 l``=� BOARD OF APPEALS Frank.Serio, Jr., Chairman �r 1 do ti) t0 i i C"4 } 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' X 24' = 576 sf Total Use 6,876 sf NOTES Garage is to be removed LI An Ethan Allen Gallery THE FURNITURE BARN JUNCTION ROUTES 125 AND 114 NORTH ANDOVER, MASSACHUSETTS 01845 June 9, 1989 TELEPHONE (508) 685-3546 Thompsons Restaurant, Inc. Mr. Stuart Thompson 435 Andover STreet North Andover, Massachusetts 01845 Re: Parking Agreement dated July 21, 1983 This agreement is to be terminated as of September 9, 1989 by the Futniture Barn as per Section 5 ofthe above agreement. Walter M. pager Andover Interiors, Inc. dba THe Furniture Barn "IYA yy�14., Stuart Thompson Thompson's Restuarant C) �vs3 i1 1•✓/�� �e— AM - 81991 { . i 6 i •1 PARKING AGREEMENT AGREEMENT made this z%s% day of J-I/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 "Thompson's Restaurant"), and ANDOVER I RIORS, INC., a Corporation duly j organized under the laws of �6 meewealt-k e€tee ehusettT 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"). y WHEREAS, the existing parking lots maintained by Thompson's Restaurant and Andover Interiors on the premises of each abut each other and there is no barrier between said parking lots, thus presently allowing common use of said parking lots by the j parties; WHEREAS, the Deed of Thompson's Restaurant from George F. Thompson, dated January 2, 1948 and recorded with the Essex County North Reaistry 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 stall be maintained to allow for the parking of one hundred forty (140) vehicles. 2. Thompson's Restaurant and Andover Interiors each agree that i they will keep their respective areas clear of snow and debris and maintain their respective areas in a good condition and in a i safe manner. In the event either Thompson's Restaurant or Andover Interiors fails to provide for the removal of snow or debris or to maintain. their respective areas as aforesaid, the other party may enter onto the premises of the other and, at its own expense, provide such snow removal or carry out such repairs I • t• 4 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 premiseswhich 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 bo 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. (; I It t tv.-rt�i u �••i � - .... -. - - (2) 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. 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N rt fA O n N. v N v � a b E w to N H m k r � �-G H 7c1 C N n rt q O c � q En rt O ry 1.4 N. fA I N. y N v � O q q p • C7 � ct� :m • 7C1 � ct '_] • = CA Z •� A �f yO� to • li.l z N. A Z ►... rn • N • V to r- Ls ,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 1i i3L�Yl�T�,.) 2L+�Th£tT,'3�(A,"t, l.t\F.. I\�•�; ifit'>fTT,, 11IY6, i, ,� 4 WILLIS and WILLIS ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN J. WILLIS JOHN J. WILLIS, JR. April 12, 1990 Mr. Robert Nicetta North Andover Building Inspector Town Hall Main Street North Andover, MA 01845 Re: Thompson's Restaurant, Inc. Property at: 435 Andover Street, North Andover, MA Renovations Dear Mr. Nicetta: 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 OFFICE OF LICENSING COMMISSIONERS NORTH ANDOVER, MASSACHUSETTS MEMO iii;, -_� . \ .;_:,.�•...... jj 7 19Y TO: Karen H.P. Nelson, Director Division of Planning and Community Development FROM: Licensing Commissioners DATE: October 16, 1990 RE: Application for Transfer of Liquor License This Board is in receipt of an application for the transfer of the liquor license from Thompson's Restaurant, Inc., 435 Andover Street, to Joseph Crugnale, Bertucci's Inc., d/b/a Bertucci's Brick Oven Pizzeria, 60 Cummings Park, Woburn, MA. Enclosed is a copy of the floor plan. Please submit your recommendations before the public hearing scheduled for November 5, 1990, at 7:30 p.m. Thank you. /kar 4 3 • 7 OWN IN a a ON ro • 7 OWN a a ON ro • 7 OWN Uf qOr". i OFFICES OF:� 4 Town of 120 Main Street BUILDING: -North Andover.. . NOR 1 H .ANDOVER Massachusetts 018.45 CONSERVATION HEALTH ON°°`4 DIVISION OF. (508) 682-6483 J; PLANNING PLANNING & COMMUNITY DEVELOPMENT •; KAREN H.P. NELSON, DIRECT OR 'J .October 31, 1990 Mr. Joseph Crugnale Bertucci's Restaurant ;�.. 60 Cummings Park Woburn, MA 01801 Dear Mr. Crugnale, I have met with representatives of the Technical Review Committee j';rI• with regard to your proposal to renovate the existing Thompson's restaurant. ' The departments of Public Works, Health, Fire and Building each rytj: require more detailed plans than you have presented at this time. Please contact each department individually to get more€} information on.their specific requirements. L #° Please ;feel free to contact me with questions or concerns Sincerely,lj r- Christian C. Huntress f Town Planner. cc: Technical. Review Committee ,'Karen H.P. 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O: Im C C z O m 2 D' z O O m T D N 1A 14 l+ April 12, 1991 Mr. Robert Nicetta North Andover Building Department Main Street North Andover, MA 01845 Dear Mr. Nicetta: TOWN AND COUNTRY DINING 1 435 ANDOVER STREET P.O. BOX 155 NORTH ANDOVER, MA 01845 TEL. (508) 686-4309 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, � J Stuart Thompson President ST/cmc CC: Joseph Tripodi Arthur Belmonte PARKING AGREEMENT AGREEMENT made this L/:'; day of L;" / , 1983, by and between THOMPSON'S . RHSTAURANT, 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,FRIORS, INC., a Corporation duly organized under the laws 0 '-- 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 Ft 11111 AM SO 199114 C(DFIY 13UiLD1NG.DEPARTMENT- asshall 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) 0 .;..„,.,..,,,,,,........ .........:. .... .. - - •- � ,.xr...�ar ,..•rte. �:_ �_. -- - - f 8. This Agreement she11 he cur.utrued in acculdat":a with the �f � laws of the Coaunonwc:nith of Haet►achusatta. 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: 1J 4 .a `Jr� Stuart Thompson, Treasurer ANDOVER INTERIORS, INC., d/b/a THE FURNITURE BARN By: M 1:.� tth kcvakis, President 3 (3) NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department To: Chris Huntress, Town Planner From: Fire Chief Dolan Re: Bertucci's Restaurant (old Thompson's) Date: November 2, 1990 Tel. (508) 686-3812 On Fiiday morning, November 2, Lt. Don Fountain and I met with Mr. Joe Crugnale representing Bertucci's Restaurant: We discussed the operation of the restaurant. The only change to be made is the construction of the brick ovens with chimneys. The Fire Department would require the following regarding this restaurant: 1. The building have a master fire alarm box connected to the internal fire suppression system (sprinkler flow switch) and fire alarm system. 2: The owner of the business contact Lt. Don Fountain prior to opening for inspection and to comply with the regulations re- garding the storage of wood, fire lanes and fire protection devices including extinguishers installed within the building. Having met these public safety requirements we have no objections to the operation proposed by Mr. Crugnale. XX William V. Dolan, Fire Chief cc: Mr. Joe Crugnale /Robert Nicetta Licensing Board _ "SMOKE DETECTORS SAVE LIVES" Li45� IIIllJ�L I�I.Lll1 i� a $ R 1--� ! N 1 N .1 D (n oil �Q a $ R 1--� ! N 1 N .1 D (n �Q t 1 { _D O w • rn j$a5 of } 9 , L�o' "° or" �1l 1 II�Ukt LtIIEX o A Office o POLICE ` - CHIEF OF POLICE 't° # NORTH ANDOVER, MASSACHUSETTS °�,..o .�'`�5 - PHONE: SSAC"USEt 683-3168 RICHARD M. STANLEY CHIEF M E M O R A N D U M TO: Mr. Sean Fountain, Acting Chairman, Licensing Commissioners FROM: Richard M. Stanley, Chief of Police RE: Bertucci's, Inc. DATE: November 23, 1990 This memo is a follow up to my letter of November 1, 1990, regarding the liquor license application of Bertucci's, Inc.. I recently attended a meeting with the Town Manager, Building Inspector, as well as representatives of Bertucci's and Merrimack College. My concerns regarding pedestrian safety still remain the same although I feel a viable temporary solution has been reached. If in fact the following conditions are met, I feel we have done everything in our power to assure proper pedestrian safety at this location. It should be noted that no matter what type of business was to be located here, the same concerns would be present. The proposed requests would be as follows: (1) A set of stairs or a pedestrian ramp in the parking lot near the Wilson Corner intersection plainly marked leading to the crosswalk on Rte. #114; (2) A sign inside Bertucci's informing customers of the crosswalk and pedestrian access to Rte. #114; (3) A follow-up with Merrimack College Security Chief Richard Cain that a notice be placed in their publication of the pedestrian safety issue, (Volunteered by Merrimack College); (4) Follow-up by Police and Town officials of the re -design of that intersection to include pedestrian crossing lights with the Massachusetts Department of Public Works. Memo: Bertucci's November 23, 1990 I Page 2 Again, I believe these safety measures will assist as a temporary solution to potential problems. once the re -design does take place the foundation will already be in place in the parking lot leading any pedestrian to the safest location to cross. RMS/cjp cc: James P. Gordon, Town Manager 4 OFFICES OF:o�.,•+.� .ORTN Town of 120 NI�Iirl Sit ct BUILDING #2 NORTH NORTH ANDOVER North ;Uulover, CONSERVATION , 13 MassaChllSCIIS 01845 HEALTH '+s,;�„�;�z� DIVISION OF (508) 682-6483 PLANNING Table 18 persons The Rotunda PLANNING & COMMUNI'TY D VELOPMEN'I- 60 KAREN I I.P. NELSON, DIRT CTOR MEMO TO: LICENSING COMMISSIONERS FROMe OBERT NICETTA, BUILDING INSPECTOR REi BERTUCCIIS ANDOVER DATEi NOVEMBER 19, 1990 Review of the floor plan submitted by BertUCCi's Andover permits the following occupancy load as calculated by the Building Dept.a Dining Hoorn #1 26 persons Dining Hoorn #2 12 persons Dining Room #3 13 persons Dining Hoorn #4 12 persons The Kitchen Table 18 persons The Rotunda 60 persons Bar Area 12 persons Waiting Area 21 persons Total c 174 pet -sons I do not know how the Architect arrived at an occupancy load izlf 274 persons. However, the Architect may submit his calculations and seating plan for further review by the Department. Both calculations and seating plan roust be stamped and signed by a professional engineer/architect as meeting the Mass. State Building Code. The Building Department shall retain the right to review the documents and reject same if, in its opinion, the State Code is riot met. The applicant will have the right tc. appeal the decision to the State Board of Regulations and Stand- ards, if this so happens. The Building Department has layed out the miniill Um aisles of egress, both in width and location, and has taken same into consideration when determining the occupancy load. The Build- ing Inspector is not comfortable with the ane hundred seventy -four (174) occupancy load, but will riot object to the transfer of License if the applicant is instructed to work with the Building Department on a more appropriate seating arranyernent. All future proposed State Building Code Access Board. DRNegb c/J. Gordon K. Nelson renovations roust comply with the htas�. and the regulations of the Architectmral t 91181 Q� William WeldG Governor Ciee i z e /lawn >3�n Deborah A. HN an Ewcutive Director _'�naGue. ((n.U,o�/u�.u•/fid-�:%��,r (617)727-066C �niir nni/. %JJ TO: Local Building Inspector Local Handicapped Commission Independent Living Center FROM: Architectural Access Board SUBJECT: DATE: Enclosed please find ' the following material regarding the above premises: _Application for Variance Decision of the Board Notice of Hearing Correspondence Letter of Meeting The purpose of this memo is to advise your office of action taken or to be taken by this Board. If you have any information which would assist this Board in making a decision on this case you may call this office at (617) 727-0660 or 1-800-828-7222 Voice or TDD or you may submit comments in writing to the above address. Thank you for your interest in this matter. 8 tco, _. •..�'.. 'i:: is :.�. .��.:. ...�i €- - Od Un.� .S�dhl�ukla� �lizc� — �%raarrL ��7/' William weld Governor 404k,-,, _Awzw� 6T IO ? Deborah A. Rvan677'% 7,?7 _ 0660 800 _,Y,2R _ 7>,'%„) Executive Director NOTICE OF ACTION RE: Thompson's Restaurant, 435 Andover Street , North Andover 1. An application for variance was filed with the Board by Joseph Augnola (Applicant) on April 3, 1991 . The applicant has requested a variance from the following section of the 1982 Rules and Regulations of the Board: Section 35.1 relating to vertical access which will not be provided (ground & basement levels) 35.13 wheelchair lift which will be installed in lieu of ramp. 2. The application was heard by the Board as an incoming case on Monday, April 22, 1991. 3. After reviewing all materials submitted to the Board, the Board voted as follows: DENY the variances to Sections 35.1 and 35.13 for the reason that impracticability has not been proven. NOTE: Since -the work.being performed is -reconstruction, renovation, addition, or alteration, compliance with this decision must be achieved by completion of the project and prior to final approval by the building department. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within thirty (30) days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after thirty (30) days, a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. Date- April 24, 1991 cc: Local Building Inspector Local Handicapped Commission Independent Living Center APR 0 ARCHITECTURAL ACCESS BOARD Mcitthias Mulvey Chairman cJ / (moi i'/J0 w2ln,cnzae Q William Weld Coy crnor 6)/ l/ c..� Dcborah A. HN -an L,secuti�-�' Dirrct<�r l (617)727-066C /--1 ell, 1/. SPR 3 Architectural Access Board In accordance with M.G.L., Chapter 22, Section 13A, I hereby apply for modification of or substitution for the rules and regulations of the Architectural Access Board as they apply to the facility described below on the the grounds that literal compliance with the Board's regulations is impracticable in my case. 1. State the name and address of the owner of the building/facility: Stuart Thompson, 780 Forest Street, North Andover, Massachusetts TEL: 617/231-2833 2. State the name and address or other identification of the building/ facility: Thompson's Restaurant, 435 Andover Street, P.O.Box 156, N.Andover, MA 01845 3.De3cribe the facility: (Number of floors, type of functions, use, etc.) Restaurant facilities (dining/kitchen) @ GROUND FLOOR, toilet/service facilities @ BASEMENT LEVEL small office @ SECOND LEVEL (to be abandoned). 4. Check the work performed or to be performed: New Construction X Reconstruction, remodeling, alteration Addition Change of use 5. Briefly describe the extent and nature of the work performed or to be performed: (Use additional sheets when necessary). Interior remodeling, minor exterior modifications includinq•new accessible porch/ vestibule entrance, standardization of existinq interior floor levels. sitework improvements. 6. State each section of the Rules and Regulations of the Architectural Access Board for which a variance is being requested: SECTION NUMBER 3.3 - B 35.13 LOCATION OR DESCRIPTION Entire facility compliance for improvements exceeding 25% value. Wheelchair lift devices in lieu of ramps. V. w4 7. For each variance requested, state in detail the reasons why compliance with the Board's regulations is impracticable. State the necessary cost of the work required to achieve compliance with the regulations. PLEASE NOTE THAT YOU SHOULD SUBMIT WRITTEN COST ESTIMATES AS WELL AS PLANS JUSTIFYING THE COST OF COMPLIANCE. Use addition sheets if necessary. Please see attached letters. 8. Has a building permit been applied for? No If yes, state the date the permit was actually issued: 9. State the estimated cost of construction as stated on the above building permit. If a building permit has not been issued, state the anticipated construction cost: $600,000.00 10. Have any other building permits been issued within the past 29 months? No If yes, state the dates that permits were issued and the estimated cost of construction for each permit: 11. Has a certificate of occupancy been issued for the facility? Ye If yes, state the date: 1984 12. State the actual assessed valuation of the BUILDING ONLY. AS RECORDED IN THE ASSESSOR'S OFFICE of the municipality in which the building is located. $423,600.00 Is the assessment at 1000? No If not, what is the town's current assessment ratio? 60% valuation 13. State the phase of design or construction of the facility as of the date of this application: Construction document production 19. State the name and address of the architectural or engineering firm including the name of the individual architect or engineer responsible for preparing drawings. of the facility: D'Agostino Izzo Quirk Architects, 1310 Broadway,Suite 400 Somerville Massachusetts 021 Gerard Fuksa TEL: 617/623-3000 15. State the name and address of the building inspector responsible for overseeing this project: D.Robert Nicetta, Building Inspector, 120 Main Street, North Andover, Massachusetts 01845 TEL: 508/H9-6483 PLEASE NOT .: The Board may, in its discretion, hold a hearing on your application for variance. The Board may also decide your application without a hearing, based upon the information you submit. You should therefore include all relevant information with your application. AT minimum the plans should include site plan, all floor plans, elevations, sections and details. Pho-ogravhs of conditions are extrpmply important - Date: SIGNATURJV0F OWNER, -OR AJIMRIZED AGENT EASE-1PRINT OWNER Of'AGENT NAME: Bertucci's. Inc. 60 Cummings Park, Woburn, Massachusetts 01801 ADDRESS CITY,TOWN - 91�OeV b� v William Weld Governoro�7az, 02708 Deborah A. Ryan (6'77) 727 — 0660 7 — 800 — 828 — 7222 Executive Director AMENDED NOTICE OF ACTION RE: Thompson's Restaurant, 435 Andover Street , North Andover 1. An application for variance was filed with the Board by Joseph Crugnale (Applicant) on April 3, 1991 . The applicant has requested a variance from the following section of the 1982 Rules and Regulations of the Board: Section 35.13 relating to wheelchair lift which will be installed in lieu of ramp. 2. The application was heard by the Board .as an incoming. case on Monday, April 22, 1991. 3. After reviewing all ma►erials submitted to the .Board, -the �Board voted .as -follows: DENY the variance to Section 35.13 for the reason that -impracticability hassnot been proven. NOTE: Vertical access is not required to the inaccessible .toilets -in basement because a fully accessible unisex toilet is provided_ o mthe -ground *floor. 2 NOTE: Since the work being performed is reconstruction;.renovation,-addition, orafteration, compliance with this decision must be achievedby completion of the-projectand .pdorto final approval bythe-building department. Any person aggrieved by the above decision-may-request_an adjudicatory -hearing -before the Board within thirty (30) days of receipt -of this -decision:by filing-the.attached request for an adjudicatory hearing. If after thirty (30) days, a request=for an -adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. Date: June 4, 1991 cc: Local Building Inspector Local Handicapped Commission Independent Living Center IN 12 ARCHITECTURAL ACCESS BOARD Matthias Mulvey Chairman A 6 May 1991 Mr. D. Robert Nicetta Building Inspector 120 Main Street North Andover, Massachusetts 01845 Ml-, ARCHITECTS Re: BertuccPs/North Andover - Ramp/Exterior Doors D'AIQ Job #: 9013 Dear Mr. Nicetta: As you know, the application for variance submitted to the Architectural Access Board has been reviewed by the Board resulting in a "variance denied" decision. Bertucci's does not wish to pursue the variance at a public hearing, therefore, an accessible ramp (as per AAB, Sec 25) is being provided at this building location. The "Notice of Action" letter dated April 24, 1991 from the Architectural Access Board also indicates denial of section 35.1 (3.3-13), vertical access of entire facility. Upon receipt of this letter, I spoke to Nancy at the AAB office regarding this issue, asking what additional material could be provided to warrant not providing access to basement toilets, when HP toilet facilities were being provided on the ground floor. Nancy responded, later that day (2 May 1991), stating that the AAB will issue an amended letter to resolve this issue. We will gladly provide you with a copy of this letter upon receipt. In response to providing accessibility at all exterior doors, we offer the following: 1. The only public entrance to the restaurant will be the front door at the porch. A new accessible ramp is being provided at this location. (Doors 1, 2). 2. The existing exterior doorway (at kitchen room) is to be used for exit egress only (no entry). Existing ramp to remain. 3. The existing exterior doorway (at back wing dining) is to be used for additional exit egress only (no exterior hardware). Existing stairway to remain. 4. The existing service doors at rear of the building to be used for service purposes only. By phone conversations with Nancy Harrington (14 Mar 91) the preceding exterior door situation was discussed. According to Ms. Harrington, accessibility was not required if an exterior doorway was not to be used as an entry, but for exiting purposes only. As this is the case with all public doors except the restaurant entry at the porch, it is our understanding that full compliance to Architectural Access Board Rules and Regulations is achieved. D'AGOSTINO IZZO QUIRK ARCHITECTS 1310 BROADWAY SOMERVI LLE, MA 02144 TELEPHONE 617 623 3000 FAX 617 623 3688 a Mr. D.Robert Nicetta 25 April 1991 page 2 of 2 The enclosed letter (20 Mar 91), issued with application for variance, reiterates this condition. In response to written confirmation by AAB it was suggested by them, that this letter be sent to you to outline the exterior doorway situation. We trust this information confirms compliance, however, if written confirmation is requested by you from AAB a six to eight week turn around time can be expected according to AAB. Please let me know if additional information or conversation is required on this matter. Thank you for your consideration. Sincerely, D'AGOSTINO I O QUIRK ARCHITECTS rard Fuksa enclosure cc: Joe Tripodi - Bertucci's, Inc. Arthur Belmonte - Metric Corporation 901314 41 1* ARCHITECTS 20 March 1991 Deborah Ryan Executive Director Architectural Access Board One Ashburton Place - Room 1310 Boston, MA 02108 Re: Bertucci's North Andover Dear Ms. Ryan/Architectural Access Board: At the request of the Building Inspector for the Town of North Andover approval of all exterior doorways are required from the Architectural Access Board. The following is a doorway by doorway description of all exterior doorways in the building. 1. New Entrance Doorway Primary restaurant entrance and exit for public patrons. Primary (one of two required) exitway for emergency egress. Full handicapped person accessibility via new ramp construction. 2. Existing Doorway (east wall) Primary exitway for emergency egress. Assumed full handicapped person accessibility via existing ramp construction. No restaurant entry through this door. 3. Service Doorway (north wall) Primary Service entry and exit, no public usage. 4. Existing Doorway (west wall) Additional emergency egress (two required, three provided). No handicapped person accessibility via existing porch at + 8'-0" above grade with stairway. No restaurant entry through this door, no exterior hardware to be provided. If this description of the exterior doorways of the building are in agreement with doorway accessibility requirements of the Architectural Access Board, please provide written acceptance as required by, D. Robert Niccetta Building Inspector, Town of North Andover, MA Thank you for your consideration of this matter. Sincerely, D'Agostino Iz Quirk Architects w6wd, caAY10 erard Fuksa D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 OR0ADWAY S0M,ERVILLE, fvli, 021q 4 i[LEP1!0NE 617 623 3000 FAX 617 623 3603 i ARCHITECTS D'AGOSTINO IZZO QUIRK ARCHITECTS 1310 BROADWAY SOMERVILLE, MA 02144 TELEPHONE 617 623 3000 FAX 617 623 3688 LETTER OF TRANSMITTAL TO Town of North Andover DATE 1 April 1991 Planning & Community Development ATTN D. Robert Nicetta 120 Main St. RE Bertucci's North Andover North Andover, MA 01845 JOB # 9013 ENCLOSED PLEASE FIND COPIES DATED OF 1 current Building Elevations THESE ARE TRANSMITTED ❑FOR APPROVAL ❑FOR YOUR USE ❑APPROVED AS NOTED ❑FOR CORRECTIONS uFOR REVIEW ❑APPROVED AS SUBMITTED ❑FOR ESTIMATE IRIAS REQUESTED ❑VIA FAX / # OF PAGES By Joe Tripodi - Bertucci's Inc. Please find enclosed the proposed exterior modifications for Bertucci's North Andover. The new open air porch provides a covered accessible ramp allowing everyone accessible entry to the restaurant. This front entry through the new vestibule is the only public restaurant entrance, all other doorways will serve cxlL/Cgfess Unly WI LII Lne eXCepL1Un 01 Lne service doorway w DacK. IT any OT tnese proposals raise comment please feel free to contact myself or Joe Tripodi regarding these drawinqs. Thank you for your cooperation. S I G N E D COPIES TO Joe TriDodi-Bertucci's Gerard Fuksa MV1\ ARCHITECTS D'AGOSTINO IZZO QUIRK ARCHITECTS 1310 BROADWAY SOMERVILLE, MA 02144 TELEPHONE 617 623 3000 FAX 617 623 3688 LETTER OF TRANSMITTAL T00 Q ,t �141 DATE 19 L)u�• -j9cl _�VII.•l�lNh I��{��1' ATTN�'�1 RE MA ©lf 1 ;7 JOB # 0I ENCLOSED PLEASE FIND COPIES DATED OF El FOR APPROVAL El FOR CORRECTIONS ❑FOR ESTIMATE THESE ARE TRANSMITTED >-L-OR YOUR USE El FOR REVIEW ❑AS REQUESTED Al ❑APPROVED AS NOTED ❑APPROVED AS SUBMITTED ❑VIA FAX / # OF PAGES - r SIGNED COPIES TO ARCHITECTS BERTUCCI'S/NORTH ANDOVER Field Report #10 26 June 1991 Those Present: Joe Tripodi - Bertucci's, Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Ralph Bellandi - D'Agostino Izzo Quirk Architects (D'AIQ) Lenny Silvaggio - Ramco Electric (RE) 1. D'AIQ submitted SKA 14 (Men's Room Revision), and SKA 15 (Rotunda Lighting). 2. RE submitted vestibule heater - D'AIQ and BI approved. 3. MC to remove wall at toilet stair and replace with rail. The preceding is as recorded by writer. If any exception is taken please promptly contact writer with response. No response implies full agreement. D'AGOSTINO IZZO QUIRK ARCHITECTS Ralph Bellandi RB/nry 1. 2 3 Ic 9013-32 D' A G O S T I N O IZZO QUIRK ARCHITECTS 1 3 1 0 BROADWAY S O M E R V I L L E, MA 0 2 1 44 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 :/ ARCHITECTS BERTUCCI'S/NORTH ANDOVER Field Report #11 3 July 1991 Those Present: Joe Tripodi - Bertucci's, Inc. (BI) Arthur Belmonte - Metric Corporation (MC) James Dorety - Metric Corporation (MC) Ralph Bellandi - D'Agostino Izzo Quirk Architects (D'AIQ) Oliver Murphy - Masonary Plus (MP) Lenny Silvaggio - Ramco Electric (RE) 1. D'AIQ to review dimension of "swing" door @ dry wait station. 2. MC to revise dormer interior construction. 3. D'AIQ to review carpet location @ tiolet stair/waiting. 4. D'AIQ to review location of paper towel dispensers/waste baskets @ toilets. The preceding is as recorded by writer. If any exception is taken please promptly contact writer with response. No response implies full agreement. D'AGOSTINO IZZO QUIRK ARCHITECTS , -'�;; F - 1,'02 , 4 ee,� ` " 4 Ralph Bellandi RB/nry 9013.32 2 3 Ie-, D' A G O S T I N O IZZO QUIRK ARCHITECTS 1 3 1 0 B R O AD WAY S O M E R V I L L E, MA 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 r ARCHITECTS BERTUCCI'S/NORTH ANDOVER Field Report #12 17 July 91 Those Present: Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Ralph Bellandi - D'Agostino Izzo Quirk Architects (D'AIQ) Lenny Silvaggio - Ramco Electric (RE) 1. D'AIQ submitted SKA# 16 (Waiting Area Guardrail). 2. D'AIQ to review use of tile at take-out cooler. 3. MC to install mahogany extensions at vestibule. 4. MC submitted cherry stain samples. D'AIQ selected and informed MC. 5. As per B. I.'s request, MC flattened arch over pizza oven. Opposite side to match as requested by D'AIQ. The preceding is as recorded by writer. If any exception is taken please promptly contact writer with response. No response implies full agreement. D'AGOSTINO IZZO QUIRK ARCHITECTS RalphAan RB/lbl 90,3-34 23'r ' D' A G O S T I N O IZZO QUIRK ARCHITECTS 13 10 B RC AD WAY S O M E R V I L L E, MA 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 ARCHITECTS D'AGOSTINO IZZO QUIRK ARCHITECTS 1310 BROADWAY SOMFRVILLE, MA 02144 TELEPHONE 617 623 3000 FAX 617 623 3688 LETTER OF TRANSMITTAL IJc�t M(y I4ef ► ��RE ( , �Jr eet` �i� t► C O P I E S D A T E D O F ❑FOR APPROVAL ❑FOR CORRECTIONS ❑ FOR ESTIMATE S I G N E D ENCLOSED PLEASE FIND THESE ARE TRANSMITTED $FOR YOUR USE ❑ FOR REVIEW ❑ A S R E Q U E S T F D ❑APPROVED AS NOTED ❑APPROVED AS SUBMITTED ❑VIA FAX / # OF PAGES _ C O P I E S T 0 ARCHITECTS 19 April 1991 Bertucci's North Andover Field Report Those Present: Joe Tripodi (BI) Bertucci's Inc. Arthur Belmonte (MC) Metric Corporation Paul Hucksam (MC) Metric Corporation Gerard Fuksa (D'AIQ) D'Agostino Izzo Quirk Architects 1. Exploratory demolition permit issued (strip only). 2. Final drawing progress set delivered to BI & MC by D'AIQ. Stamped permit sets available next week including structural drawings. MC will require 6 stamped print sets and 1 reproducible set. 3. BI would like to reuse as many items currently at site as possible (ie. toilet fixtures, grab bars, thermostats, exit lights, alarm detectors, etc.). 4. MC suggested a full scale mockup of wall (with wainscot) and floor @ site when time is appropriate for review by BI and D'AIQ. 5. The construction site phone number is 508/683-0858. The preceding is as recorded by writer, if any exception is taken please promptly contact writer with response. No response implies full agreement. Sincerely, D'Agostino Izzo Q ' k Archi is erard Fuksa F/kh 9013-12 &N, 2 4 1r D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 BROADWAY SOMERVI LL E, iVA 021 44 TE L E PHO N E 617 623 3000 FAX 617 623 3688 ARCHITECTS 24 April 1991 Bertucci's/North Andover Field Report Those Present: Joe Tripodi - Bertucci's, Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Gerard Fuksa - D'Agostino Izzo Quirk Architects (D'AIQ) Ralph Bellandi - D'Agostino Izzo Quirk Architects (D'AIQ) 1. MC requested two (2) copies of equipment "cut" book. 2. BI will send D'AIQ missing "cuts" in equipment book. 3. D'AIQ will verify handicap toilet compliance. 4. Due to Architectural Access Boards' denial of Variance, architectural and structural drawings require revisions. 5. Revised permit drawings to be issued next week. 6. In keeping with the building's character, BI would like to use a wood door instead of a hollow metal at rear exit. The preceding is as recorded by writer, if any exception is taken, please promptly contact writer with response. No response implies full agreement. Sincerely, D'AGOSTINO IZZO QUIRK ARCHITECTS Ralph Bellandi RB/nry 9013-13 JUV 2 4 1. D' A G O S T I N O IZZO QUIRK ARCHITECTS 1 3 1 0 B R O AD WAY S 0 M E R V I L L E, M A 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 FAX 6 1 7 6 2 3 3 6 8 8 ARCHITECTS 1 May 1991 Bertucci's/North Andover Field Report #3 Those Present: Joe Tripodi - Bertucci's Inc. (BI) Arthur Belmonte - Metric Corp. (MC) Paul Hucksam - Metric Corp. (MC) Gerard Fuksa - D'Agostino Izzo Architects (D'AIQ) Ralph Bellandi - D'Agostino Izzo Quirk Architects (D'AIQ) 1. MC has received revised stamped permit drawings and final equipment books. 2. MC/Building Inspector meeting today. 3. D'AIQ sent Maguire Company revised equipment plan. 4. Existing bluestone @ porch to be re -used @ new porch (over concrete stair). 5. MC to remove all air -conditioners and patch all holes. The preceding is as recorded by writer, if any exception is taken, please promptly contact writer with response. No response implies full agreement. Sincerely, D'Agostino Izzo Quirk Architects Ralph Bellandi RB/kh D013-16 M, 24' D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 8 R0ADP:'AY S0 ME RVI LLE, MA 02144 TE LEPHON E 617 623 3000 FAX 61 7 623 3688 ARCHITECTS 8 May 1991 Bertucci's North Andover Field Report #4 Those Present: Joe Tripodi - Bertucci's Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Gerard Fuksa - D'Agostino Izzo Quirk Architects Ralph Bellandi - D'Agostino Izzo Quirk Architects Sarkis Zerounian - Sarkis Zerounion & Assoc. (SZA) Lenny Silvaggio - Ramco Dennis Maguire - Maguire Plumbing (MP) 1. Gyp - Crete information will be sent by MC to D'AIQ and SZA for review. 2. MC suggested coordination meeting between D'AIQ, RAMCO, MP, and Fleet Mechanical, after consultants have submitted final drawings. 3. Building permit has not yet been issued. The preceding is as recorded by writer, if any exemption is taken please promptly contact writer with response. No response implies full agreement. 4. D'AIQ issued SKA-1 (toilet partitions) Sincerely, D'Agostino Izzo Quirk Architects A1�7- 11bz& 4 Ralph Bellandi "1 24 .,, D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 BROADWAY SOMERVI L LE,. MA 0914 4 TE LE P 11ON C 617 623 3000 FAX 61 7 623 3688 ARCHITECTS 15 May 1991 Bertucci's North Andover Field Report #5 Those Present: Joe Tripodi - Bertucci's Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Gerard Fuksa - D'Agostino Izzo Quirk Architects Ralph Bellandi - D'Agostino Izzo Quirk Architects 1. Building Permit issued 13 May 1991 - complete building and temporary sign 2. SKA-2 (Site Plan/Parking Layout) issued by D'AIQ. 3. AAB confirmation letter sent by D'AIQ. The preceding is as recorded by writer, if any exemption is taken please promptly contact writer with response. No response implies full agreement. Sincerely, D'Agostino Izzo Quirk Architects 92zz Ralph Bellandi ,i M24 D' A G O S T I N O IZZO QUIRK ARCHITECTS 1 3 1 0 BROADWAY S O M E R V I L L E, MA 0 2. 1 44 1 E L E P H 0 N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 ARCHITECTS Bertucci's/North Andover Meeting Report # 6 22 May 1991 Those Present: Joe Tripodi - Bertucci's, Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Gerard Fuksa - D'Agostino Izzo Quirk Architects (D'AIQ) Ralph Bellandi - D'Agostino Izzo Quirk Architects .(D'AIQ) Lenny Silvaggio - Ramco (RM) John Lino - Fleet Refrigeration (FR) Dennis Maguire - Maguire Plumbing (MP) Steve Angelosanto - Maguire Plumbing (MP) Richie - Cambridge Sheet Metal (CSM) 1. Heat at vestibule to be overhead electric. 2. D'AIQ to issue sketch for new dishroom layout with updated cuts. 3. D'AIQ to send FR updated equipment book. 4. SKA - 3 (toilet tile pattern) and SKA - 4 (lighting schedule and cuts) issued by D'AIQ. The preceding is as recorded by writer, if any exemption is taken please promptly contact writer with response. No response implies full agreement. Sincerely, D'AGOSTINO IZZO QUIRK ARCHITECTS Ralph Bellandi RB/kh , ILIA 2 L 9013-23 D' A G O S T I N O IZZO QUIRK ARCHITECTS 1 3 1 0 BROADWAY S 0 N, E R V I L L E, M A 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 ARCHITECTS Bertucci's/North Andover Field Report #7 5 June 1991 Those present: Joe Tripodi - Bertucci's, Inc. (B) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Gerard Fuksa - D'Agostino Izzo Quirk Architects Ralph Bellandi - D'Agostino Izzo Quirk Architects 1. Flooring Epoxy - Dishroom Bar Main Wait Station "B" grade tile - Kitchen and Kitchen Prep Pizza Prep 2. D'AIQ issued SKA 6 (stair area layout), SKA 7 (HP ramp handrail), SKA 8 (Rotunda base and chair rail details), and SKA 9 (Small Dining partial RCP). 3. MC to provide exterior paint samples The preceding is as recorded by writer, if any exemption is taken please promptly contact writer with response. No response implies full agreement. Sincerely D'Agostino Izzo Quirk Architects Ralph Bellandi 9013-27 IN 2 A D' A G O S T I N O IZZO QUIRK ARCHITECTS 13 10 B R O AD WAY S O M E R v l L L E, MA 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 F A X 61 7 6 2 3 3 6 8 8 BERTUCCI'S/NORTH ANDOVER Field Report # 8 12 June 1991 Those present: Joe Tripodi - Bertucci's, Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksum - Metric Corporation (MC) Ralph BeEllandi - D'Agostino Izzo Quirk Architects (D'AIQ) 1. D"AIQ to submit hardware drawing. 2. D'AIQ submitted SKA-10 (GWB drop @ Rotunda) and SKA-11 (furred gable wall). 3. D'AIQ submitted Finish Schedule. 4. MC to furr out pizza prep wall. 5. Cambridge Sheet Metal submitted air -distributions cuts. 6. MC to provide exterior paint samples. The preceding is as recorded by writer, if any exception is taken please promptly contact writer with response. No response implies full agreement. D'AGOSTINO IZZO QUIRK ARCHITECTS Ralph Bellandi RBlnry 9013-29 'm 2 Q .. D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 BROAD WAY S 0 M E RVILLF, MA 02''.44 T ELERH0NE 617 623 3000 FAX 617 623 3688 ARCHITECTS BERTUCCI'S/NORTH ANDOVER Field Report #9 19 June 1991 Those Present: Joe Tripodi - Bertucci's, Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Ralph Bellandi - D'Agostino Izzo Quirk Architects (D'AIQ) Lenny Silvaggio - Ramco Electric (RE) John Leno - Fleet Refrigeration (FR) 1. D'AIQ to review lavatory count. 2. D'AIQ submitted SKA-12 (Revised Rotunda Lighting) and SKA-13 (Mens Lavatory Detail). 3. D'AIQ & BI to review Finish Schedule. 4. Tile and membrane will be used in place of epoxy. 5. D'AIQ to select placement of oven exhaust on facade. 6. MC will provide cherry wood samples. 7. RE will provide cut on vestibule heater. The preceding is as recorded by writer. If any exception is taken please promptly contact writer with response. No response implies full agreement. D'AGOSTINO IZZO QUIRK ARCHITECTS !Z - 4-,2zAt/-'t - Ralph Bellandi RB/nry 9013-30 1! i,\! 2 4 D' A G O S T I NO IZZO QUIRK ARCHITECTS 1 3 1 0 BROADWAY S O M E R V I L L E, MA 0 2 1 4 4 1 E L E P H 0 N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 as a 1 o axe M M r O Or ilT'� to y.. � r • .1 li5l-' ARCHITECTS 15 May 1991 Mr. D. Robert Nicetta Building Inspector 120 Main Street North Andover, MA 01845 Re: Bertucci's North Andover - Field Reports Dear Mr. Nicetta: Please find enclosed copies of past field reports @ Bertucci's Restaurant. We will be sending you future reports to keep you abreast of progress. Sincerely, D'Agostino Izzo Quirk Architects .y Ralph Bellandi MAY 1 7 ' - D'AGOSTINO IZZO QUIRK ARCHITECTS 1310 BROADWAY SOMERVI LLE, MA 02144 TELEPHONE 617 623 3000 FAX 617 623 3688 ARCHITECTS 19 April 1991 Bertucci's North Andover Field Report Those Present: Joe Tripodi (BI) Bertucci's Inc. Arthur Belmonte (MC) Metric Corporation Paul Hucksam (MC) Metric Corporation Gerard Fuksa (D'AIQ) D'Agostino Izzo Quirk Architects 1. Exploratory demolition permit issued (strip only). 2. Final drawing progress set delivered to BI & MC by D'AIQ. Stamped permit sets available next week including structural drawings. MC will require 6 stamped print sets and 1 reproducible set. 3. BI would like to reuse as many items currently at site as possible (ie. toilet fixtures, grab bars, thermostats, exit lights, alarm detectors, etc.). 4. MC suggested a full scale mockup of wall (with wainscot) and floor @ site when time is appropriate for review by BI and D'AIQ. 5. The construction site phone number is 508/683-0858. The preceding is as recorded by writer, if any exception is taken please promptly contact writer with response. No response implies full agreement. Sincerely, D'Agostino Izzo Q ' k Archit is erard Fuksa F/kh 9013-12 C:w 17 I9191, D' A G O S T I N O IZZO QUIRK ARCHITECTS 13 10 B R O A D WAY S O M E R V I L L E, MA 0 2 1 4 4 1 F L E P H 0 N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 24 April 1991 Bertucci's/North Andover Field Report Those Present: Joe Tripodi - Bertucci's, Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Gerard Fuksa - D'Agostino Izzo Quirk Architects (D'AIQ) Ralph Bellandi - D'Agostino Izzo Quirk Architects (D'AIQ) 1. MC requested two (2) copies of equipment "cut" book. 2. BI will send D'AIQ missing "cuts" in equipment book. 3. D'AIQ will verify handicap toilet compliance. 4. Due to Architectural Access Boards' denial of Variance, architectural and structural drawings require revisions. 5. Revised permit drawings to be issued next week. 6. In keeping with the building's character, BI would like to use a wood door instead of a hollow metal at rear exit. The preceding is as recorded by writer, if any exception is taken, please promptly contact writer with response. No response implies full agreement. . Sincerely, D'AGOSTINO IZZO QUIRK ARCHITECTS t2eo& Ralph Bellandi R B/n ry 9013-13 D' A G O S T I N O IZZO QUIRK ARCHITECTS 1 3 1 0 B R O AD W A Y S 0 M E R V I L L E, M A 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 A X 6 1 7 6 2 3 3 6 8 8 ARCHITECTS 1 May 1991 Bertucci's/North Andover Field Report #3 Those Present: Joe Tripodi - Bertucci's Inc. (BI) Arthur Belmonte - Metric Corp. (MC) Paul Hucksam - Metric Corp. (MC) Gerard Fuksa - D'Agostino Izzo Architects (D'AIQ) Ralph Bellandi - D'Agostino Izzo Quirk Architects (D'AIQ) 1. MC has received revised stamped permit drawings and final equipment books. 2. MC/Building Inspector meeting today. 3. D'AIQ sent Maguire Company revised equipment plan. 4. Existing bluestone @ porch to be re -used @ new porch (over concrete stair). 5. MC to remove all air -conditioners and patch all holes. The preceding is as recorded by writer, if any exception is taken, please promptly contact writer with response. No response implies full agreement. Sincerely, D'Agostino Izzo Quirk Architects Ralph Bellandi RB/kh 9013.16 fi;W 1 7 ' D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 ORO ADWAY 5010 E RV I L LE, MA 02144 TE LE P HON E 617 623 3000 FAX 61 7 623 36£38 8 May 1991 Bertucci's North Andover Field Report #4 Those Present: Joe Tripodi - Bertucci's Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Gerard Fuksa - D'Agostino Izzo Quirk Architects Ralph Bellandi - D'Agostino Izzo Quirk Architects Sarkis Zerounian - Sarkis Zerounion & Assoc. (SZA) Lenny Silvaggio - Ramco Dennis Maguire - Maguire Plumbing (MP) 1. Gyp - Crete information will be sent by MC to D'AIQ and SZA for review. 2. MC suggested coordination meeting between D'AIQ, RAMCO, MP, and Fleet Mechanical, after consultants have submitted final drawings. 3. Building permit has not yet been issued. The preceding is as recorded by writer, if any exemption is taken please promptly contact writer with response. No response implies full agreement. 4. D'AIQ issued SKA-1 (toilet partitions) Sincerely, D'Agostino Izzo Quirk Architects Ralph Bellandi "'Ay►7' D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 ° ROAD WAY SOME RVILLE, MA 02144 TELEPHON E 617 623 3000 FAX 6'7623 3688 ARCHITECTS 15 May 1991 Bertucci's North Andover Field Report #5 Those Present: Joe Tripodi - Bertucci's Inc. (BI) Arthur Belmonte - Metric Corporation (MC) Paul Hucksam - Metric Corporation (MC) Gerard Fuksa - D'Agostino Izzo Quirk Architects Ralph Bellandi - D'Agostino Izzo Quirk Architects 1. Building Hermit issued 13 May 1991 - complete building and temporary sign 2. SKA-2 (Site Plan/Parking Layout) issued by D'AIQ. 3. AAB confirmation letter sent by D'AIQ. The preceding is as recorded by writer, if any exemption is taken please promptly contact writer with response. No response implies full agreement. Sincerely, D'Agostino Izzo Quirk Architects 45;�' 92el- Ralph Bellandi D' A G O S T I N O IZZO QUIRK ARCHITECTS 1 3 1 0 B R O AD WAY S O M E R V I L L E, MA 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 Ij - 'A lnl_� ARCHITECTS 12 June 1991 Mr. D. Robert Nicetta Building Inspector 120 Main Street North Andover, Massachusetts 01845 Re: Bertucci's/ North Andover -"Notice of Action" Dear Nicetta: Please find enclosed a copy of the amended "Notice of Action" letter from the Architectural Access Board. As indicated we received this letter 11 June 91 and as stated in letter to you dated 13 May 1991 we are copying your office with this correspondence. Sincerely, D'AGOSTINO 1 0 QUI K ARCHITECTS erard Fuks GF/kh enclosure cc: Joe Tripodi - Bertucci's, Inc. Arthur Belmonte - Metric Corp. 9013-28 D'AGOSTINO IZZO QUIRK ARCHITECTS 1 3 1 0 BROADWAY S O M E R V I L L E, MA 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 FAX 6 1 7 6 2 3 3 6 8 8 William Weld Governoradfor�, Deborah A. Ryan (617J 7,27 - 0660 - S00 - S.2S - 72.2,2 Executive Director AMENDED NOTICE OF ACTION RE: Thompson's Restaurant, 435 Andover Street . North Andover 1. An application for variance was filed with the Board by Joseph Crugnale (Applicant) on April 3, 1991 . The applicant has requested a variance from the following section of the 1982 Rules and Regulations of the Board: Section 35.13 relating to wheelchair lift which will be installed in lieu of ramp. 2. The application was heard by the Board as an incoming case on Monday, April 22, 1991. 3. After -reviewing all materials submitted to the Board, the Board voted as follows: DENY the -variance to Section 35.13 for the reason that impracticability:has-not- bee nTroven. NOTE: Vertical. access is -not -required to the inaccessible .toilets.in-.base ment,becausezafully accessible�unisex toilet is provided on the ground floor. 2 NOTE:Zincethe work being performed is reconstruction,.renovation;.addftion;:::ocafteration compliancefwith this decisionmustbe_achieved:by completion of the project and prior to final:approval by:the-building,department. Any person:aggrieved by decision may request an-adjudicatorT.hearing�before'tthe Board -.within -thirty (30) days,of receipt of this .decision by -filing-the attached :request,for,-an adjudicatory hearing. if after thirty (30) days, a request for an-adjudicatoryhearing pis -not received, the above decision becomes a final decision and the .appeal process is through Superior Court. Date: June 4, 1991 cc: Local Building Inspector Local Handicapped Commission Independent Living Center .ARCHITECTUPAL ACCESS BOARD Matthias Mulvey Chairman �d 'cr Ix r � �c� D oQ G ARCHITECTS 13 May 1991 Mr. D. Robert Nicetta Building Inspector 120 Main Street North Andover, MA 01845 Re: Bertucci's North Andover - Exterior Doors Dear Mr. Nicetta: Please find enclosed a copy of the D'AIQ letter to the Architectural Access Board requesting written confirmation of exterior doorway compliance at Bertucci's North Andover. This confirmation was requested, by phone, from a staff member of your office 13 May 1991. Regarding the amended "Notice of Action" letter from the AAB, (concerning section 35.1) we have not yet received their correspndence. We will provide a copy of this correspondence to you upon receipt. Please note the expected turn around time for the written confirmation from the AAB is six to eight weeks as indicated in the D'AIQ letter to you 6 May 1991. Sincerely, D'Agostino Izzo QIjirk Architects ?erard Fuksa GF/kh cc: Nancy Harrington - AAB Joe Tripodi - Bertucci's Arthur Belmonte - Metric 9013.18 MAY 1 6 jr), ,j D'AGOSTINO IZZO QUIRK ARCHITECTS 1310 BROADWAY SOMERVILLE, MA 02144 TELEPHONE 617 623 3000 FAX 617 623 3688 ARCHITECTS 13 May 1991 Nancy Harrington Architectural Access Board One Ashburton Place - Room 1310 Boston, MA 02108 Re: Exterior Doorways - Bertucci's North Andover Dear Ms. Harrington: As discussed previously, the North Andover Building Inspector has compliance concerns with the exterior doorway situation at this new Bertucci's location. This concern has prompted him to request written confirmation from the Architectural Access Board stating compliance to AAB Rules and Requlations has been achieved. We trust that the following detailed outline of all exterior doorways will provide enough information to insure compliance, if however more information is needed please do not hesitate to request additional materials from our office. Exterior Doorway Outline Bertucci's North Andover 1. Vestibule doorway, D'AIQ Dwg. A-2 (29 April 1991). Door No. 1 and 2 Only public entrance to restaurant New HP ramp provided @ new porch construction Exit egress provided (push bars, no latches) 2. Existing kitchen room doorway, D'AIQ Dwg. A-2 (29 April 1991) Door No. 4 No public entry to restaurant Existing HP ramp (to remain) Exit egress provided (Panic bar hardware) 3. Existing backwing doorway location, D'AIQ Dwg. A-2 (29 April 1991) Door No. 3 No public entry to restaurant (no exterior hardware) Existing stairway to remain (± 8' elevation change) Exit egress provided (panic bar hardware) D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 B ROAD WAY SOMERVILLE, MA 02144 T E L E P H 0N E 617 623 3000 FAX 61 7 62'3 3688 ARCHITECTS Nancy Harrington Page 2 of 2 13 May 1991 4. Existing service doorway D'AIQ Dwg. A-2 Door at stair No. 2 No public entry to restaurant Existing doorway to remain Service access in and out only Thank you very much for your consideration in this matter. Please send response to: Gerard Fuksa D'AIQ Architects 1310 Broadway Somerville, MA 02144 Sincerely, D'Agostino Izzo Q irk Architects erard Fuksa GF/kh cc: D. Robert Nicetta - Building Inspector Joe Tripodi - Bertucci's Arthur Belmonte - Metric 9013-19 ARCHITECTS 20 March 1991 Deborah Ryan Executive Director Architectural Access Board One Ashburton Place - Room 1310 Boston, MA 02108 Re: Bertucci's North Andover Dear Ms. Ryan/Architectural Access Board: The following is a description of why variance is sought from section 35.13 from Code of Massachusetts Regulations 1.00 - 3.00 issued by the Architectural Access Board 28 September 1990. "35.13 Wheelchair lift devices such as vertical and inclined wheelchair lifts may be permitted by the Board where consistent with the Regulations of the Massachusetts Elevator Board. Wheelchair lifts may be used as a part of an accessible route of travel if no other alternative or design solution is feasible." The existing building, currently unoccupied, possesses three different floor elevations ranging twenty one inches from highest to lowest. Early studies were carried out to try to bring all floor elevations to a common level. Excessive costs were incurred in providing a totally new structural floor system to raise to highest level and existing toilet facilities would not allow lowering to lowest level. The compromise was to provide a raised area (approx. 1/3 bldg. area) for dining only with the remainder of restaurant functions on a lower level. The levels chosen were existing levels that contained existing doorways to the exterior so that no significant exterior doorway/grade modifications would be required. A vertical distance of + 21." exists between the two levels. An accessible ramp for a vertical difference of ± 21" would require approximately 130 square feet of floor area. This existing location comprised of several small rooms is not as efficient in restaurant seating as previous Bertucci's locations where ramps were used effectively. Striving to meet the required seating count and provide a significantly long ramp within this existing building comprised of several small rooms has not been cost effective, in the long term, for Bertucci's. Therefore we are asking permission from the Board to substitute a wheelchair lift for the required ramp. The required ramp occupying + 130 square feet of floor area compared to the + 32 square feet of floor area required for a wheelchair lift results in a net gain of approximately 100 square feet of floor area for dining, helping to resolve the inherent inefficiencies of the building. D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 BROA D WAY SOME R'VI Li E, MA 02144 TE LE P H 0N E 617 623 3 D 0 0 FAX 617 623 3688 Q -O ARCHITECTS Ms. Deborah Ryan Page 2 Of 2 20 March 1991 The wheelchair lift for suggested use would comply fully with the Regulations of the Massachusetts Elevator Board. Its location, adjacent to the entry foyer, would allow complete access of the Ground Level floor upon entering. The close proximity to a full time hostess station would insure assistance as required, for use of the wheelchair lift. Based on these factors, it is our belief, that variance from 35.13 would result in practical accessibility of the Ground floor of this building. Thank you for your consideration of this application. Sincerely, D'Agostino IzzoWNVdX+---* erard M. Fuksa ARCHITECTS 20 March 1991 Deborah A. Ryan Executive Director Architectural Access Board One Ashburton Place - Room 1310 Boston, MA 02108 Re: Bertucci's North Andover Dear Ms. Ryan/Architectural Access Board: The following is a description of impractical and non -substantial benefits to handicapped persons regarding non compliance to section 3.3 - B Code of Massachusetts Regulations 1.00 - 3.00 issued by the Architectural Access Board. 28 Sept. 90. "3.3 - B If the work being performed amounts to more than twenty-five percent (25%) of the one -hundred percent (100%) equalized assessed value of the building, the entire facility shall comply with these regulations." Variance is sought from the above mentioned section on grounds of the three points listed below. The entire facility, in this case, consists of a Ground Floor level and a Basement Floor level. The Ground Floor level contains public restaurant dining functions, public handicapped person toilet facilities, private back of house (food prep, dish washing, waitress stations, etc.). The Basement Floor level contains public toilet facilities, private food storage, mechanical equipment rooms and miscellaneous private back of house facilities (managers office, laundry, etc.). Since the only public functions that are located at the Basement Level are the toilets, and a compliant handicapped persons toilet .is provided at Ground Level, it is our opinion that no substantial benefit to handicapped persons is being sacrificed by allowing variance. 2. The only public function at the Basement Level are the toilet rooms, as stated previously, and no intentions exist to deviate from this in the future. Expanded public functions are not anticipated at the Basement Level. 3. To provide compliance to the entire facility would require installation of a public passenger elevator into an existing structure to provide access to both building levels. D' A G O S T I N O IZZO QUIRK ARCHITECTS 1 3 1 0 B R O AD W A Y S O M E R V I L L E, MA 0 2 1 4 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 ARCHITECTS Ms. Ryan Page 2 Of 2 20 March 1991 Installation of a public elevator would, in this restaurant facility, be financially impractical, considering the only public benefit being access to the public toilets at the Basement Level. All other public functions, including public handicapped persons' toilet are located on the Ground Level floor of the facility. Therefore no substantial benefit would be served by elevator installation. Based on the aformention points it is our belief that variance from 3.3 - B would result in practical application of the intention of the section. Thank you for your consideration of this application. Sincerely, D'Agostino Izzo Quirk Architects wd erard Fuksa ARCHITECTS 20 March 1991 Deborah Ryan Executive Director Architectural Access Board One Ashburton Place - Room 1310 Boston, MA 02108 Re: Bertucci's North Andover Dear Ms. Ryan/Architectural Access Board: At the request of the Building Inspector for the Town of North Andover approval of all exterior doorways are required from the Architectural Access Board. The following is a doorway by doorway description of all exterior doorways in the building. 1. New Entrance Doorway Primary restaurant entrance and exit for public patrons. Primary (one of two required) exitway for emergency egress. Full handicapped person accessibility via new ramp construction. 2. Existing Doorway (east wall) Primary exitway for emergency egress. Assumed full handicapped person accessibility via existing ramp construction. No restaurant entry through this door. 3. Service Doorway (north wall) Primary Service entry and exit, no public usage. 4. Existing Doorway (west wall) Additional emergency egress (two required, three provided). No handicapped person accessibility via existing porch at + 8'-0" above grade with stairway. No restaurant entry through this door, no exterior hardware to be provided. If this description of the exterior doorways of the building are in agreement with doorway accessibility requirements of the Architectural Access Board, please provide written acceptance as required by, D. Robert Niccetta Building Inspector, Town of North Andover, MA Thank you for your consideration of this matter. Sincerely, D'Agostino Iz7A Quirk Architects erard Fuksa D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 BROAD WAY SOMERVI L LE, MA 02144 T F I_ EPHON E 617 623 3000 FAX 61 7 623 3688 ARCHITECTS i 1. NEW ENTRANCE DOORWAY (existing condition) (see elevation sheet) PRIMARY ENTRANCE / EXIT FULLY ACCESSIBLE D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 BROADWAY SO'MERVILLE, MA 02144 TELEPHONE 617 623 3000 FAX 617 623 3688 y ARCHITECTS 2. EXISTING DOORWAY (east wall) PRIMARY EXIT FULLY ACCESSIBLE VAGOSTINOIZZO QUIRK ARCHITECTS 1 3 1 0 B R O A D W A Y SO M E R V I L L E, M A 0 2 14 4 T E L E P H O N E 6 1 7 6 2 3 3 0 0 0 F A X 6 1 7 6 2 3 3 6 8 8 af ARCHITECTS 3. SERVICE DOORWAY (NORTH WALL) PRIMARY SERVICE ENTRY / EXIT D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 BROADWAY SO�M E RV I LL E, MA 0214 4 TEL 6P 11 ON E 617 623 3000 FAX 617 693 3688 0 on ARCHITECTS 4. EXISTING DOORWAY (west wall) SECONDARY (additional) EXIT NON -ACCESSIBLE NO EXTERIOR HARDWARE D' A G O S T I N O IZZO QUIRK ARCHITECTS 1310 BROADWAY SOME RVI LL E, MA 02144 TE LEDH0NE 617 623 3000 FAX 617 623 3668 i aR -' ..Ills ami Y Im„ -arms o 4-4 �x w �n wdICWIWIAIT%ZQNi'P4 E I—C J1 V C FOR A LIFESTYLE MODEL BC with optional upper landing gate and platform gate. Modular in design, the Wheel-O-Vator Model BC can be easily and economically incorporated in a variety of ways to overcome the architectural barriers that face wheelchair users today. Available in 7 different lifting heights ranging from 42" to 12 feet, the Wheel-O-Vator is ideal for residential and commercial applications. Its ease of installation, operation, and minimum maintenance has made it the premier wheelchair lift on the market today. Aconstant pressure weatherproof switch is mounted in the unit within easy reach of the passenger and can be actuated with the hand, wrist, or any part of the arm. The switch is key operated to insure use by authorized people only and can be actuated with the hand, arm or elbow. Also shown is the optional emergency stop and alarm system. Model BC -AO is our Attendant Operated Model . Model BC -AO comes standard with: Platform Gate Upper Landing Gate Lower Landing Extra Station Switch with Emergency Stop & Alarm Upper Landing Attendant Call Alarm Emergency Stop & Alarm On Unit Grab Rail 2 14420/NAT OF BuyUne 4937 f - T a ' The Wheel-O-Vator Model CDE is designed for those applications where by choice or by code, the hoistway is 'completely enclosed while the ,platform is in the elevated position. Aso available in 7 different lifting heights ranging from 42" to 12 feet, the Mode unique combination of features make it extremely versatile in order to meet your s; needs. 3 I I long IC I I UNCOMPROMISED DESIGN FLEMM TV LOWER LANDING GATE SHROUD can be located on either side ENCLOSURE X LIFT HEIGHT + 42" LIFT 42 HEIGHT KICK STATIONARY SIDE PLATE RAMP RAIL �--- 52 -,� �-- 30 57 FRONT VIEW SIDE VIEW *OPTIONAL 6'-8" UPPER LANDING GATE WITH OR WITHOUT ROOF IS AVAILABLE UPPER LANDING GATE mounted in frame unless specified 42 MODEL NUMBER WEIGHT MAX. LIFT HEIGHT "X" PCDE-42 1050 42" (3'/2') 62" PCDE-60 1100 60" (5') 80" PCDE-72 1200 72" (6') 92" PCDE-96 1400 96" (8') 118" PCDE-108 1600 108" (9') 130" PCDE-120 1750 120" (10') 142" PCDE-144 1900 144" (12') 166" 4 AVAILABLE IN SMOKED OR CLEAR PLEXIGLASS. f � a SHROUD n„ n Platform in can be j� q raised position located on �I ° �� either side ii p 36 Main Up/Down LIFT HEIGHT Switch LJ X � � 34 -T 42 45 ' RAMP 12 �-.-- 36 � qg 15 SI r 66 — FRONT VIEW r SIDE VIEW MODELNUMBER WEIGHT MAX.LIFTHEIGHT "X" BC -42 620 42" (31/2') 62" BC -60 650 60" (5') 80" BC -72 670 72" (6') 92" BC -96 700 96" (8') 118" BC -108 1000 108" (9') 130" BC -120 1100 120" (10') 142" BC -144 1200 144" (12') 166" NOTE: Dimensions shown are of equipment. If lift is enclosed, please contact dealer for accurate hoistway dimensions. ,B UPPER GATE May be mounted on unit if specified M'b 4 UPPER LANDING GATE O SHROUD 40 1 � f can be ----- located on PLATFORM IN n - �= `either side RAISED POSTTION� ii° � 36 i f �, E LOWER LANDING GATE ii i 42 r = -------- — ---------- PLATFORM X GATE �- ----- -�- ENCLOSURE LIFT HEIGHT + 6" u i i i LIFT ii- 42 i HEIGHT > STATIONARY r RAMP �-52—30 --- 57 FRONT VIEW SIDE VIEW 14420/NAT lel` BuyLine 4937 t D 2 =FE L 3 LIFT B # HEIGHT C MODELNUMBER WEIGHT MAX I-IFTHEIGHT "X" BC -A042 770 42" (31/2') 62" BC -A060 800 60" (5') 80" BC -A072 820 72" (6') 92" BC-AO96 1050 96" (8') 118" BC-AO108 1150 108" (9') 130" BC-AO120 1250 120" (10') 142" BC-AO144 1350 144" (12') 166" MODELNUMBER WEIGHT MAX.UFTHEIGHT "X" CDE-42 950 42" (31/2') 62" CDE-60 1000 60" (5') 80" CDE-72 1100 72" (6') 92" CDE-96 1300 96" (8') 118" CDE-108 1500 108" (9') 130" CDE-120 1650 120" (10') 142" CDE-144 1800 144" (12') 166" Dimensions are subject to change without notification e 5 i a ° NATIONAL WHEEL-O-VATOR SPECILIZIES IN THE DESIGN AND MANUFACTURING OF CUSTOM LIFTS TO MEET YOUR SPECIFIC NEEDS. OUR STAFF OF ENGINEERS WILL WORK WITH DEALERS AND ARCHITECTS TO DESIGN A TOTAL LIFT PACKAGE. FOR MANY APPLICATIONS, A LIFT MAY BE INCORPORATED INTO A SHAFTWAY. SHOWN ABOVE IS A TYPICAL INSTALLATION UTILIZING A MODEL BC AND A SHAFTWAY CONSTRUCTED TO BLEND WITH THE EXISTING BUILDING DECORE. BY CONSULTING OUR STAFF OR DEALERS, A LIFT CAN BE DESIGNED TO BE BOTH FUNCTIONAL, ASTETICALLY PLEASING AND STILL MEET CODE REQUIREMENTS. MODELS STANDARD - STD OPTIONAL - OPT STANDARD & OPTIONAL NOT AVAILABLE - N/A FEATURES DESCRIPTION BC BC -AO COE PCDE DRIVE Acne screw design with drive screw safety device to prevent uncontrolled descent. STD STD STD STD MOTOR 1750 RPM instant reversing 115 V, single phase, 3/4 HP, 12 amps for Models 42 thru 120, 1 HP, 15 amps for STD STD STD STD Model 144. LOW VOLTAGE 24 V control circuit. STD STD STD STD 550 POUND CAPACITY 550 pounds operating bad. STD STD STD STD 750 POUND CAPACITY 750 pounds operating load. OPT OPT OPT OPT TRAVEL SPEED 9 feet per minute. STD STD STD STD PLATFORM 12 square feet with a non -sled surface. STD STD STD STD RAMP The platform is designed with a ramp which locks in the up potation to serve as a guard when the unit is STD STD N/A N/A operating. When the plalfonn is at a lower position the ramp folds down automatically for easy entrylexit. l STATIONARY RAMP 3d' Long non skid surface. OPT OPT STD STD PLATFORM SIDE ENCLOSURES 47' high metal side guard panels. STD STD STD STD PLATFORM SAFETY PAN The platform is equipped with an underpanel sensor that will stop the downward travel H an obstruction STD STD OPT OPT is encountered. MANUAL OPERATION In the event of a power failure, the unit can be operated manually by an assistant. (Tool required) STD STD STD STD MANUAL WRENCH Tool for manual operation. OPT OPT OPT I OPT FINISH Baked electrostatic applied powder coafing. STD STD STD STD SPECIAL FINISH Special color or panel finish, OPT OPT OPT OPT UPPER & LOWER LIMIT Adjustable to any height. STD STD STD STD SWITCHES FINAL LIMIT In the event of a failure of a control limit switch, the final limit switch activates to cut off all power to the unit. STD STD STD STD PLATFORM SWITCH Upldown constant pressure paddle switch with keybck (weatherproof). Switch is key operated and can be STD N/A STD STD actuated with the hand, arm or elbow. EMERGENCY STOP Located on platform switch in order to stop movement of unit. Activated by depressing a button. OPT STD STD STD r e , EMERGENCY ALARM Alarm sounds when emergency stop button is depressed. OPT STD STD STD FLIP -UP SEAT Flip -up seat located on platform. Folds up when not in use. OPT OPT OPT OPT 3 EXTRA STATION SWITCHES For top & bottom landings when one or more person will be using the unit. Switches are key activated upl OPT N/A OPT OPT down. Lift can be called or sent from either floor. Switches may be wall mounted or mounted on the un t. FLUSH MOUNT EXTRA Switches that are mounted in the wall. OPT NIA OPT OPT I STATION SWITCHES PLATFORM GATE Hinged either right or left. Equipped with both electrical & mechanical interlocks, the unit will not operate OPT STD STD OPT without ALL gates property dosed. Mounted on the pladorm and rising with the unit as it travels. UPPER LANDING GATE Mounted to upper landing or may be mounted to the unit 0 a leads panel is used. Equipped with both OPT STD STD STD { electrical & mechanical interlocks. Hinging may be right or left. LOWER LANDING GATE Mounted to lower larding. Equipped with both electrical & mechanical interlocks. Hinging may be right or left. OPT NIA STD STD FASCIA PANEL Back smooth panel. Mounted to lower landing or to unit frame. OPT OPT STD STD PORTABLE UNIT Unit may be made portable (with wheels) for models 42 & 60. OPT OPT N/A N/A GRAB RAIL Hand rail mounted to plaffonn at a height of 36. OPT STD STD STD w 3 LEVEL SYSTEM Unit may be made to stop at three different levels. - OPT N/A OPT OPT REMOVEABLE ENCLOSURE Outside shell of the CDE models may be made removeable to aid in moving the unit through dais or light places. N/A N/A OPT OPT REMOVEABLE BASE & CARRIAGE Allows unit to be cut dorm in hag on width sae to aid in moving the unit through doors or light places. OPT OPT OPT OPT ELECTRIC STRIKE If full sae door is used instead of gate, the unit can be wired for electric strike interlock. Mounted OPT OPT OPT OPT INTERLOCKS in door jamb. 24 VOLT DC SYSTEM For models42through 144. OPT OPT OPT OPT 90° EXITIENTRY Allows for entering platform and exiting at 90° of entrance. OPT OPT OPT OPT ENTERIEXIT SAME SIDE For lift heights over 7 feet high. Enter & exit I'dt on the same side. Three sides are enclosed on pladonn. OPT N/A OPT OPT PLEXIGLASS DOME Roof for CDE or PCDE units to be used for outdoor applications. N/A N/A OPTqN//A WHEEL-O-BRIDGE 40' wide with 47' high side guard rails. In applications requiring the unit to be situated at the base of the OPT OPT OPT stairs. Provides safe, trouble-free access from lift to landing. Shipped c rnpthtely assembled and ready for installation. WHEEL -O -BRIDGE GATE Gate is attached to Wheel�Bridge at the fascia panel side. OPT OPT OPT r DOOR PACKAGES Five different door packages including a B Label fire rated door. OPT N/A N/A 1 CUSTOM TAKING YOUR NEEDS AND TRANSLATING THEM INTO A CUSTOM PLANNED UNIT IS A SPECIALTY WITH NATIONAL WHEEL-O-VATOR. WHEN CUSTOM DETAILS ARE REQUIRED OUR STAFF OF DESIGNERS AND ENGINEERS ARE READY TO ASSIST IN DELIVERING PROMPT RESPONSE TO YOUR TECHNICAL INQUIRIES. RESIDENTIAL 35' HIGH SIDE PANELS, FOR RESIDENTIAL USE ONLY. AVAILABLE IN 24, 42, 60 LIFTING HEIGHTS. PLEASE CONSULT DEALER FOR OPTIONS. $ .41 w STANDARD COLOR - BEIGE OPT. COLOR - GRAY OPTIONAL COLORS ARE AVAILABLE AT A' SMALL UP -CHARGE. r CALL FOR CUSTOM COLORS AND PRICE. OPT. COLOR - BROWN OPT. COLOR - OFF WHITE 7 �. 14420/NAT yS P E C I IU I C A T I O N S E X P E C T M O R E U S �a THE NATIONAL N'HEE40-VATOR � Cat INC. PRODUCTS PROUDLY MADE, IN THE U. S.A. BY AMERICAN CRAFTSMEN ... WITH AMERICAN MATERIALS Through its enduring commitment of its employees to service and customer satisfaction, The National Wheel-O-Vator Co. Inc., has established a reputation as the most respected manufacturer of lifting devices for the physically challenged in the United States. It is a company dedicated to finding better ways to overcome the architectural barriers that have faced wheelchair users for years. The National Wheel-O-Vator Co. Inc., currently offers the widest range of vertical wheelchair lifts on the market today. With 28 models, the "Wheel-O-Vator" vertical wheelchair lifts are produced with many optional features to meet a wide range of applications and requirements. We have assembled the ultimate combination of features, quality, and economy. The result is unequalled in performance and value. Made from quality components designed for long maintenance free service, with safety and good looks, each Wheel-O-Vator is made to order and completely built in house from start to finish. Professional designers and engineers will assist in the conceptual and working stages of all projects allowing custom units to be manufactured to meet each individuals needs. The Wheel-O-Vator vertical wheelchair lift, the most successful and economical lift on the market today, is adaptable to most outdoor and indoor installations. The Wheel-O-Vator is ideal for use in private residences, churches, schools, government buildings and any number of additional applications where accessibility is required. The lifts are designed with simplicity in mind for ease !ofinstallation and operation. fi 1 he Wheel-O-Vator is marketed and sold through a national network of selected professional dealers. Installation and service are normally handled by these dealers. YOU CAN EXPECT MORE FROM US ... YOU WILL COMETO KNOW IT IN EVERY ASPECT OF OUR BUSINESS ... THROUGH OUR PRODUCTS, FACILITIES, AND SERVICE TO YOU! ! WARRANTY ALL PRODUCTS MANUFACTURED BY THE NATIONAL WHEEL-O-VATOR CO INC., CARRY A LIMITED TWO YEAR DRIVE TRAIN WARRANTY. FOR DETAILS CONTACT YOUR NEAREST DEALER. YOUR AUTHORIZED DEALER IS ... WHITAKERS OF NEW ENGLAND 2 KUNIHOLM DRIVE, i HOLLISTON, MA 01746 J 1-800-752-0163 FAX 508-429-6974 o IN. wsfZ THE NATIONAL WHEEL-O-VATOR CO., INC. P.O. BOX 348 ROANOKE, IL 61561-0348 CALL TOLL FREE FOR SALES 1-800-551-9095 FAX: (309) 923-5091 CALL FOR THE DEALER NEAREST YOU!! UNITS ARE DESIGNED TO CONFORM TO ALL APPLICABLE ANSI. 17.1 SAFETY CODES. UNITS AVAILABLE WITH e U.L. LISTING. "Printed in U.S.A." 9/90