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HomeMy WebLinkAboutTHOMPSONS REST INC 'r �� +4r D O jt f ''8C Any appeal shall be filed Y a• •• F tiK �3:d► fd: J, ER �a: AmM within (20) days after the s;•.is`as date of filing of this Notice NOV f 49 PM '83 in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS SOARD OF APPEALS NOTICE OF DECISION Date . . . . AQYArPhe.r,. 25 .' .198 . Petition No..?.3.- ' .8.3. . . . . . . . . . . . . Date ofH g. ,November 14 , 1983 Petition of . . . . .THOMP.SON.'.S, RESTAU.RAN.T ,. ,INC, premises affected „4 3 5, .A n,d 4.v.e r. ,Street. . . . . . Referring to the above petition for a variation from the requirements of the , Z o . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . soastopermit . th.e . c.ons.tr.ucti.4n. :of. .d . p.r.efabrica,ted , ki,gsk. ,to„ho.use, ,an . . . . Auto:rust.ed. .Tel.le.r..M.achi.ne .f4.r. ba:nKim g. .pu.r.pps.es. .whi.ch„wil;l . n,gt. Meet the required setback. After a public hearing given on the above date, the Board of Appeals voted to . . .D e n y, the Y,4 r i,a n c. . .. . . . . . . . . a:tdc i�snehcyc:aa sort c t cB�Yildi I JdtdFrxtbx i �F pe:m� Ap . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fiasc#:exooaatx�#ienc pfc Ahexsl�oxeciveakx loereoe&mpoaxblve�ol]doxditia�sefc Signed F.r.a n.k . S.e r.i.o ,. .J r..., . C.h a.i.r.ma.n . . . . . . . . . William J . Sullivan . . . . . . . . . . . . I . . . . . . I . — . . . . . . . . . . . . . . . . . . Walter F . Soule , Associate Member Maur.i ce. .S:., .Fo,ul d,s ,. Associ ate Member Raymon.d .A-.. .Yi.Yen.zio ,, :E.sg..., . Associate Member Board of Appeals r • PSS t J „OR7N Any appeal s` a'I Le fl"ed • . within (20) days after the (� qg date of filing of this NoticQ HACHU'' in the Office of the TOwd TOWN OF NORTH ANDOVER Clerk, MASSACHUSETTS BOARD OF APPEALS November 25 , 1983 Mr . Daniel Long , Town Clerk Thompson ' s Restaurant , Inc . Town Office Building 435 Andover Street North Andover , Mass . 01845 Petition No . 73- 183 Dear Mr, Long : The Board of Appeals held a public hearing on Monday evening , November 14 , 1983 upon the application of Thompson' § Restaurant , Inc . The hearing was advertised in the Citizen on October 27 and November 3 , 1983 and all abutters were notified by regular mail. The following members were present and voting : Frank Serio , Jr . , Chairman ; William J . Sullivan ; and Associate Members Walter F . Soule; Maurice S . Foulds ; and Raymond A . Vivenzio , Esq . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 3 and Table 2 of the Zoning By Law to allow the con- struction of a prefabricated kiosk to house an Automated Teller Machine for banking purposes , which will not meet the setback re- quirement of the Zoning By Law on premises located at 435 Andover Street . The petitioner testified through counsel that the kiosk will be located in the parking lot on the site of the former garage . One to one and a half parking spaces will be lost if the variance is granted and the kiosk is constructed. The income from the kiosk will help finance the proposed renovations to the restaurant. Upon a motion made by Mr. Vivenzio and seconded by Mr . Soule , the Board voted unanimously to deny the variance as requested for the reason that the petitioner failed to show that owing to any par- ticular circumstances affecting that lot in particualr but not affecting the zoning district in which the lot is located, that a literal enforcement of the Zoning By Law would involve a financial hardship sufficient to justify a variance from the 190 foot set- back required along Route 114. • pp[[ n Thompson ' s Restaurant uAP33`, i LO-NG 435 Andover Street NOR 7, ` ';RK Petition No . 73- ' 83 1C'V ER Page 2 Nov 28 49 em 083 The Board further finds that relief from the 100 foot setback requirement would create a detriment to the public good and would substantially derogate from the intent and purpose of the Zoning By Law since the requested variance would place the kiosk five feet from the lot line . Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman Jw iRect(ived, by Town Clerk : o+- "e:••:o\ T Y P Date; �= - R� ,' TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS Time , t-:No �tgi ceo$3 This application must be typewritten DU APPLId&TV%N FUR LIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Thompson's Re ,taurant. Tne, Address 435 Andover St. , No. Andover, MA 1 . Application is hereby made ( a ) For a variance from the requirements of Section 7 Paragraph 7.3 and Table 2 of the Zoning By-Laws . 8 8.1 (b ) For a Special Permit under Section 9 Paragraphs 9.1&9:2of the Zoning By-Laws . (e�--- a -a a d a-.bac-tb.a 4V i44i4g f r�sptctor-oma-c�a#e�-a+�.tl�a�a�. 2 . ( a) Premises affected are land x and building(s ) x numbered 435 Andover Street .�e t t�►- (---}--�ash-F---}---Wept - --- -s i-dee-e4--------------------------------- 5-t7-eet-,--artd -k ---------------------------------------- tra". ( c) Premises affected are in Zoning District GB , and the premises - affe-cte-d -have—a-n--ar-ea—o-f-35-,-5F60 —xqu a re-- feet--a* --f r-an-ta-ge—a f -- Total: 542.49 square feet. this is a corner lot: Andover Street Frontage (Rt. 1 a ias: 74.99' ; Turnpike Street Frontage: (Rte. 114) : 2801) . 3. Ownership (a) Name and address of owner (if joint ownership , give all names ) : Thompson's Restaurant, Inc. Daae of purchase Jan. 2, 1948 Previous- Owner George F. Thompsgn ( b ) If applicant is not owner , check his interest in the premises Prospective Purchaser Lesee Other (explain) addition to existing building: 4 . Size of proposed front ; feet deep; 1991 square feet. Height : 2 stories ; feet. (no increase) . ( a ) Approximate date of erection : Upon Approval ( b ) Occupancy or use of each floor : Restaurant (c ) Type of construction : Frame. 5 . Size of existing building 65 feet front; 60 feet deep ; Heights 2 stories ; feet . (a ) Approximate date of erection 1941 ( b) Occupancy or use of each floor: Restaurant ( c) T ,pe of construction : Frame. 6 . Has there been a previous appeal , under zoning , on these premises? N.' If so , when? 7 . Description of relief sought on this petition see additional Sheet "A". 8. Deed recorded in the Registry of Deeds in Book 706 Page 553 or Land',.Cojurt Certificate No. Book Page The principal points upon which I base my application are as follows ; (Must be stated in detail ) See additional Sheet "B" I agree to pay for advertising in newspaper and incidental expenses* Petitioner 's Signature Richard G. Asoian, Attorney for Thompson's Restaurant, Inc. Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. These 'forms shall be furnished by the clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until 5u_c_b_Li_rne as it is made on the official application form. All in- formation called for by the form shall be furnis e�6y the applicant - in the manner therein prescribed. Every ; application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner , abutters , owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list , notwithstanding that the land of any such owner is located in another city or 'town , the Planning Board of the city or town, and the Planning Board of every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25. 00 . In addition , the petitioner shall be respon - sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication , but are not necessariiy limited to these . LIST OF PARTIES IN INTEREST Name Address See attached list. (Use additional sheets if necessary) T "An DESCRIPTION OF RELIEF SOUGHT ON THIS PETITION (i) Variance from Section 7, Paragraph 7.3, yard set back requirements, so as to allow construction of proposed additions as shown on Plan and as described in Narrative attached hereto; (ii) Variance from parking requirements of Section 8, Paragraph 8.1, as shown on Plan; and (iii) Special Permit under Section 9, Paragraphs 9.1 and 9.2 so as to allow construction of proposed additions as shown on Plan and as described in Narrative attached hereto, SII Y BASIS OF APPLICATION In order to continue proper and efficient operation of the Restaurant, the applicant finds it necessary to revitalize, improve and augment the current facilities;. If the Zoning By-Law is literally enforced and the applicant is unable to construct the proposed improvements the applicant will suffer a financial hardship. This financial hardship is directly owing to circumstances relating to the topography of the land and the size and shape of the lot, which is a triangular- shaped corner lot. This combination of physical features especially affects the applicant's premises, but clearly does not generally affect the General Zoning District. The improvements described on the attached Narrative and shown on the Plan will only increase the coverage of the lot from 12.85% to 18.45%, well below the allowed coverage limit of thirty-five (35%) percent. The proposed additions and revitalization of the building will clearly improve the property,' the General Business Zoning District, and the Town in general, all without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. WILEON'E CORNER 439 ANDOVER 11TREET NORTH ANDOVER. MASS. 01$45 JCT. ROYT!! 11d ANO 125 TEL, 686.4305 EXPANSION OF THOMPSON'S RESTAURANT INC, The below explanation of the planned expansion of Thompson's Restaurant is a result of an extensive study performed by the management of Thompson's with the assistance of the following architects and interior design companies. EXTERIOR DESIGN OF THE BUILDING Architect Eric Brainerd of Andover. This local architect has designed numerous buildings all over New England including many in our local area. Mr. Brainerd has an astute appreciation for local building. He was primarily selected for his ability to blend new and old structures together, thus providing Thompson's and the town of North Andover with a building to be proud of. INTERIOR DESIGN OF THE BUILDING Paul R. DuCharme Interiors. Designer/Architect Paul DuCharme has designed for several of the largest hotels and restaurants throughout the world. His extensive experience adds great creditability to our proposed concepts and designs. The following items are needed for this renovation to be a complete package. 1) ADD LOUNGE, AND FUNCTION AREAS TO INCLUDE THREE ROOMS, a.Small greenhouse 'seating area. b.Bar area c.Multipurpose room for meetings or functions. 2) ADD TWO SMALL PRIVATE DINING ROOMS. 3) ADD NEW FOYER AND MOVE PRESENT FRONT ENTRANCE. 4) ADD NEW RESTROOMS, ALSO UNISEX HANDICAPPED RESTROOM. 5) ENLARGE KITCHEN. 6) ADD A NEW KITCHEN ENTRANCE TO INCLUDE A PREP AREA AND RECEIVING DOCK REASONS WHY THESE FACILITIES ARE NEEDED 1) LOUNGE AND FUNCTION AREA: Restaurants the caliber of Thompson's are built with or have available, lounge and function facilities. With the competition drawing larger crowds with these extra features, we at Thompson's are at a stalemate. We either add the lounge and function facility or watch our growth even out and start to decline. The lounge facility will consist of a green house room, all windows with a garden atmosphere seating about 16 people. The nest area is the bar. This area will seat 18 people with both stools and chairs. Beyond the bar is a multi purpose room which will accommodate 56 people as a meeting room or function room. 2) ADD TWO SMALL PRIVATE DINING ROOMS: The reason is threefold. First, the front of the building must be squared off in order to make the building look attractive with the planned expansion. Second, the expansion will cause some of the seating in the dining room to be lost, these small rooms will make up for this. Third, one room will utilize the present foyer which will become obsolete with the planned new foyer. The two rooms will seat 12 people each and can be used for general dining or private meeting rooms. 3) ADD NEW FOYER AND MOVE THE FRONT ENTRANCE: This new entrance area will allow for a smooth traffic flow between all major areas of the restaurant. The most significant improvement will be that quests will now have access to both the restrooms and coatroom areas before entering the main dining room or function areas. Incorporated in this new area will be the necessary upgrades for the accommodation of the handicapped. 4) ADD NEW REST ROOMS TO INCLUDE A PRIVATE UNISEX RESTROOM: A handicapped facility is planned on the main level for use by lounge and restaurant patrons. This room will be unisex so a spouse or opposite sex friend or relative may help the individual if they so need. The,present restrooms could not be utilized by the planned lounge and function facility. The size of the present facilities are to small and location is a problem. Rather than plan separate facilities for the restaurant and the lounge, new, larger 'rest rooms will be constructed on the lower level under the new main entrance foyer, to be used by both the lounge and restaurant patrons. it t 1 5) ENLARGE KITCHEN The reason is twofold: First, the present kitchen must be enlarged and the traffic flow rerouted in order for the new facilities to be added and run off the same kitchen as the restaurant. Second, the area where the expansion is to take place is a back alcove which is not very attractive. The addition squares off this alcove to create clean lines for the architect to work with when he refurbishes the entire building. Although this small addition approaches within nine (9) feet of the property line. The current building stands only six (6) feet from said property line. There presently stands in this area a large incinerator, which can no longer be used and a trash dumpster. The incinerator would be dismantled and the dumpster moved to a less obtrusive location. This should greatly improve the appearance of the route 125 side of the building. 6) ADD NEW KITCHEN ENTRANCE WITH pREp AREA AND RECEIVING AREA DOCK Due to the changes made in the kitchen a new rear entrance will be needed. Included in this area will be a new prep area to be used with the new funtion area. A more organized system of delivery will be needed with the planned expansion. A receiving dock in the rear of the building with access to the kitchen level and a dumbwaiter for access to the storerooms on the lower level will bring about a safer, more organized system, and solve a 60 year problem of lugging stock up and down stairs. This addition will approach only fifteen (15) feet from the property line which again is less than the current building is now located. I SUMMARY 1 . With the current kitchen located in the back of the building, the only other alternative would -be to cut into the present dining room. This would require extensive building and renovation expense. 2. It has been estimated that any system other than squaring up the present building would increase cost almost three (3) times. 3. The esthetics of the building would not be as pleasing if we expanded in the front area. Thompson's is at the gateway to Porth Andover and we feel that a very high priority mast be placed on keeping the building and general area pleasing to view. 4. Expanding the front area would not eliminate the less than attractive area of the building on the route 125 side. The next area of concern would be the Furniture Barn Complex. The complex has already expanded to the current limit as allowed by zoning, (35% land use). There is also a provision in our deed stating there must be an open area between the buildings to allow for traffic and service vechicles. The new building would be no closer than the current structure to either our property line dor the Furniture Barns building. our new areas would have no adverse effect on the Furniture Barn, and in fact they support the improvements. The renovation will also include a complete face lift on the current building, which will be a great improvment to the esthetics of the area. • mac, ;A.� p jJ �Sk (RX _� SY� l _ IL. _ �._ Al GO , -L-btv ' + 1 ya�a cro� a Wes � � �� Any appeal shall be filed _'�r n �3?: ;9 within (20) days after th I' l date of filing of this Notice 185'` In the Office of the Town �&cHu Clerk. 38TOWN OF NORTH�} 83 O TH.ANDOVER MAMCHUSMVS BOARD OF APPEALS NOTICE OF DECISION Data . . .AU.gUs.t Petition No.. . . .4 2.-.'.8.3. . . . . ... . . . . Date of Hearing.A u,qu sA 8:,. .19 8 3 Petition of . . . . .THOMP,SON;'.S; RESTA9.RANT ,. .LN�• . . . . . . . . . . . .I . . .. . . . . . . . . . . . . . . . . . . . . . Premises aSected . .4 3 5, .A n:d 4.v.e r. .$t;r e e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Z o n i.n g. .B y. ,L a w , Section 7 , Par . 7 . 3 and Table 2 and Section 8 , Par . 8. 1 . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . relief from the yard `setback requirements and relief from the parking requiremc 'me* and a SpeiaY .Pe.rmit 'under $'ectTon Par . 9 . 1 and 9 . 2 to permit the enlargement of a non-conforming structure ., to ' aliow'­the construction of addi'fions . After a public hearing given on the above date,the Board of Appeals voted to . Grant. . ; the v a r i.a n c.e s, and S p.e c i.a 1. P e r m i t and hereby authorize the Building Inspector to issue a permitto . . . . .Thgmps.on.'.s. . .R:est.auraqt; Inc. for the construction of the above work, based upon the following conditions: 1 . That the parking plan will become effective upon the termination of the written lease with Andover Interiors , Inc . ; and that the garage shown on the plans be razed or removed prior to the issuance of an occupancy permit , Signed Frank .Ser.i.o., Jr... , Chairman .Al fred, .F.. .Fri,ze,T1e., . YJ ce . Chairman Augus.i;i. ne. . W... .Ni.ckArson. . . . . :. . . . Board of Appeals ftf� r Any appeal shall be filed R �. DAIII „cRTM within (20) days after the date of filing of this Notice in the Office of. the Town Clerk. AUG 29 ! 39 N '83 :`" " ► �� ss �/a �a�cNusat i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 29 , 1983 Mr. Daniel Long , TownClerkThompson ' s Restaurant , Inc . Town ,Office Building 435 Andover Street North Andover , Mass . Petition No . 42- ' 83 Dear Mr . Long The Board of Appeals held a public hearing on. Monday evening , August 8 , 1983 upon the application of Thompson ' s Restaurant , Inc. ; The hearing wasadvertisedin the North Andover Citizen on July 21 and 28 , 1983 and all abutters .were notified by regular maid . The following members were present and voting : Frank Serio , Jr . , Chairman ; Alfred E . Frizelle , Esq . , Vice- Chairman ; Richard J . Trepamier , Esq . , Clerk ; William J . Sullivan; and Augustine W . Nickerson . The petitioner seeks a variance of Section 7 , Paragraph 7 . 3 and Table 2 and Section 8 , Paragraph 8. 1 and a Special Permit under Section 9 , Paragraphs 9 . 1 and 9 .2 of the Zoning By Law so as to permit relief from theyardsetback requirements , relief from the parking requirements , and the enlargement of a non-conforming structure to allow the construction of additions on premises located at 435 Andover Street . Testimony through Mr. Stuart Thompson and his attorney revealed that' the Special Permit is necessary to allow the expansion of a non-conforming structure , being a restaurant . Variances are necessary to allow relief from the setback requirements which cannot be met and for the number and size of the parking spaces on the premises . Proposed are the following : 1 . A lounge and function area , consisting of a green house room and seating approximately 16 people . 2 . A bar , seating 18 people . 3 . A multi -purpose room to accomodate 56 people with a separate Thompson Is Restaurant , Inc . 435 Andover Street c, Petition No . 42- ' 83 NOR 10 ;-. OYER Page z AuG 29 1 39 PM '83 entrance . 4. Two small private dining rooms , seating 12 people each . 5 . A new foyer , including a handicapped entrance , which in- volves moving the front entrance . 6 . New rest rooms, including handicapped facilities . 7 . Enlargement of the kitchen . 8 . A new kitchen entrance with prep area and receiving area dock , which involves moving the bake shop . The applicant further testified that he has an agreement with the adjacent Furniture Barn to provide additional parking . He is proposing 62 parking spaces on his premises , which repre- sents , 26 fewer than are required by the Zoning By Law . A.. revised plan showing a total of 86 spaces was prepared . How- ever , the applicant requested that the plan showing the 62 parking spaces be approved by the Board . The Board rendered their decision at a Special Meeting held on Monday evening , August 22 , 1983 with the following members present and voting : Frank SeH o , Jr. , Chairman; Alfred E . Frizelle , Esq . , Vice Chairman ; William J . Sullivan ; and Augustine W. Nickerson . Upon a motion made by Mr. Frizelle and seconded by Mr . Sullivan , the Board voted unanimously to grant a variance from the pro- visions of Section 8 , Paragraph 8, 1 , which will allow 86 parking spaces in place of the required one space for each three seats ; a variance from Section 8 , Paragraph 8 .1 (6 ) to vary the size to allow 8 ' x 18 ' parking spaces . Each of the above- 8 . 1 and 8. 1 (6) are subject to the condition that the parking plan will become effective upon the termination of the written lease with Andover Interiours , Inc . , which is 90 days after written notice to Thompson ' s Restaurant , Inc . Also , a variance from Section 7 , Paragraph 7 . 3 and Table 2 for setbacks is granted ; and , specifi - cally , a variance from footnote 1 of Table 2 for the 100 foot setback from Route 114 . The variances granted are subject to the condition that the garage shown on the plans be razed or removed prior to the issuance of an occupancy permit from the North Andover Building Inspector. In addition , a Special Permit under Section 9 , Paragraphs 9 . 1 and 9 . 2 is granted. u 4 `D Thompson ' s Restaurant , Inc . DAta i 7k=u 435 Andover Street Toi", 4 R{ Petition No . 42- ' 83 NORYi7 '7WER Page 3 Auc29 1 39FM '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 4e 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 that the petitioner has satis- fied the requirements of Section 10 . 31 of the .Zoning By Law regarding the Special Permit . In particular , the Board finds that the specific site is an appropriate location for such a use , being the expansion of the existing rest- aurant ; the use as developed will not adversely affect the neighborhood ; there will be no nuisance or serious hazard to vehicles or pedestrians ; adequate and appropriate facili - ties will be provided for the proper operation of the proposed use ; and the use is in harmony with the general purpose and intent of the .Zoning By Law. Sincerely , BOARD OF APPEALS Frank Serio , Jr. , Chairman jw (Plan to follow ) o YReCe}�v d by_ T_vKn Clerk: . Date "*'1Ti , OF NORTH ANDOVER, MASSACHUSETTS :•. _�' ,,,. _ � , � BOARD OF APPEALS Time . NQ:�T, P YER d�CHUO Notice : This application must be typewritten MM # APPLICATP60ORIR LIEF83 FROM THE REQUIREMENTS Of THE ZONING ORDINANCE Applicant Thompson's Restaurant, Inc. Address435 Andover St. , No. Andover, MA I . Application is hereby made (a ) For 'a variance from the requirements of Section 7. Paragraph 7.3 and Table 2 of the Zoning By-Laws. b}---Far--a--Sra 1--Fermi i~-am}tr-S tct i-o ---------R4ra fie)---A I-R 6 pie etar ter- o- k+e rl-au Fio-r 2 . ( a) Premises affected are land X and building(s ) x numbered 435 Andover Street . (-6}--44*e-m-i-s es--a-ffe cue d- a i-e-trrepe wtr-,wFiLh Fret+ age-oar-t h -Ner th--(---j --�--srtle--af- S tree•i;;--nrrc�-iC-rrawn--es--fes. �-treet . ( c) Premises affected are in Zoning District GB , and the premises - —.--- — affected have--am-a re a—o f— _ o--- -s-qua re- f-ee-t—a n d re n-ta--e—e f-- - Totale 542.49 square feet. (this is a corner lot Andover Street Frontage (Rt. 125)': 187.50'; Radius:_74.99' ; Turnpike Street Frontage: (Rte. 114): 2801) 3. Ownership ( a) Name and address of owner ( if joint ownership , give all names ) : Thompson's Restaurant, Inc. Date of purchase Jan. 2, 1948 Previous- Owner George F. Thompson (-44---I€- d p�}� �-aFi--i�-�f} -AiNfFfiLP3-� £k- 3--i-F► 84�6 -=1-R- -1 - -elR 55 Bras pee-t4-we--Lome h a se r tes ee 41 her--Fe-x�e+n+ 4. Size of proposed building : 12 front; 18 feet deep ; Height : i stories ; feet. ( a ) Approximate date of erection : Upon approval b Occupancy or use of each floor : The pre-fabricated kiosk will be used to house_ a Ba Banks X.-Press 24 automated teller machine for banking: purposes. (c ) Type of Construction ; Steel, masonary and glass. 5 . Size of existing building : 12 feet front ; 18 feet deep; Height : '1 stories ; feet . (a ) Approximate date of erection : Upon approval ( b ) Occupancy or use of each floor : The pre-fabricated kiosk will be used to house a Ba Banks X-Press 24 automated teller machine for banking purposes (t) Type of Construction : steel, masona. y and glass 6 . Has there been a previous appeal , under zoning, on these premises? yes If so , when? August 29, 1983 petititon 4642-83 (variance granted) 7 . Description of relief sought on this petition See additional Sheet-"W', 8. Deed recorded in the Registry of Deeds in Book 706 Page553 or Land'.Court Certificate No. Book Page r The principal points upon which I base my application are as follows : ( Must be stated in detail) See additional Sheet "B". I a ee to pay for a dertising in newspaper and incidental expenses* X� Petitioner 's Signature c ard, G. Asoian, Attorney for Thompson's Restaurant, Inc. Sec. ' I APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board . These forms shall be furnished by the clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be furnished y the app ican in the manner therein prescribed.' Every application shall be submitted with a list of "Parties in Interest" which list shall includethe petitioner , abutters , owners of land directly opposite on any public or private street or way , and abutters to the abutters within three hundred-feet of the property line of the petitioner as they appear on the most recent applicable tax list , notwithstanding that the land of any such owner is located in another city or 'town , the Planning Board of the city or town , and the Manning Board of every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25 . 00 . In addition , the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the board. Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES 'IN INTEREST Name, Address See attached list. (Use additional' sheets if necessary) Y SHEET A DESCRIPTION OF RELIEF SOUGHT ON THIS PETITION Variance from Section 79 Paragraph 7.3, and Table 2, Yard Set-Back Requirements, so as to allow the construction of the proposed pre-fabricated kiosk to house a BayBank's Express 24 , Automated Teller Machine for- bankin purposes. $ C, Y SHEET B BASIS OF APPLICATION The Zoning Board of Appeals in its Decision dated August 29, 1983 in Petition 42 - '83 required the Petitioner to raze the garage shown on the Plan as a condition to the granting of the Variance requested thereunder. The Petitioner had originally contemplated placing the proposed kiosk containing the Automated Teller Machine in said garage. As a result of the condition that the garage be razed, Petitioner now finds it necessary to locate the kiosk in one of the proposed parking spaces. If the Zoning By-Law is literally enforced, the Petitioner will be unable to locate the kiosk in the location most suited to its function, and will subsequently suffer a financial hardship. The proposed kiosk will have a negligible effect on lot coverage, which is currently at 18.45% (with the additions allowed under Petition 42 - '83) , well below the allowed coverage limit of 35%. P -- / --- - _ _ n w 171 Gig -CG - �cXe T 6 r\ gee _ . - -- ✓_ r -- a, ys oL.1_r��. .-��cW�C�J c p - -/o L IV,, Nko cr // eb5 41a ct_ cz 6 S lgKa tb, sj a Nies '� ►� J -_ Over 1.yaKd vaKifj I Oversized Maps on file with the Town