The undersigned abutters and neighbors of the Canary Square Restaurant, located in Jamaica Plain at 435-439 South Huntington Avenue at the intersection with Moraine Street, oppose the granting of three zoning variances required for the expansion of the restaurant onto the residential Moraine Street side of the restaurant.

Failure to reach out to neighbors and address their concerns
The undersigned are taking this step to document our opposition because we feel that the votes by the Jamaica Pond Association (JPA) and Jamaica Plain Neighborhood Council (JPNC) not to oppose the project were taken without the voices of abutters fully heard. We had no opportunity to review plans for the project prior to the JPA and JPNC meetings and were informed of the meetings on one two-sided flyer that obscured the date of the JPA meeting (see attached) and that did not reach all of the abutters. No effort was made by the owner of the Canary Square Restaurant, Michael Moxley, to independently reach out to us to inform us of the project and get our support. Thus, we did not have the opportunity to form an opinion prior to the meetings and properly voice our concerns. We ask that the Board of Appeals deny the variance in light of the strong opposition of those directly affected by this project.

Neighbor’s concerns:

1. PARKING: Violation of Art 55, Sec 40: Off-street parking insufficient – Parking at the Centre Street end of Moraine Street is already a problem, which will be compounded by expanding the capacity of the restaurant. The owner represents that Canary Square is a neighborhood restaurant to which most patrons walk. However, no statistics are available to corroborate that statement and the observation of abutters is that many of the cars parked on the Centre St. end of Moraine St. belong to patrons of Canary Square.
2. NOISE AND EMISSIONS: Violation of Art 9, Sec 1: Nonconforming Use – The premises of the Canary Square Restaurant are located in a residential zone. The commercial use already comes with considerable noise and nuisance: Noisy patrons returning to their parked cars on Moraine St. late at night, trash being collected at random hours during the night (between 3:00-5:30 am), even after neighbors were promised otherwise, and smokers loitering in front of residential buildings. These will be amplified with the proposed addition. In particular, open seating in summer will create significant noise and commercial disturbance on the Moraine St. side of the restaurant. As can be seen from the attached plot plan, conforming residential buildings are in close proximity to the proposed addition.
3. ENCROACHMENT OF SIDEWALK: Violation of Art 55, Sec 17: Front Yard insufficient – Moraine St. is lined with historic two family dwellings which are set back from the sidewalk at a consistent distance. The Canary Square Restaurant already uses the area on the Moraine St. side of the building as an unsightly open storage area of trash barrels, fire wood and other supplies. Building a permanent structure protruding to the property line will create a permanent fixture inconsistent with the historic appeal and value of this neighborhood.