Tanakirt Chanpreechakul - Speci
Decision on Petition for a Special Permit
Requested by Tanakrit Chanpreechakul
A public meeting of the Zoning Board of Appeal was held on Tuesday, January 22,
2002 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts. The
agenda included a petition by Tanakrit Chanpreechakul for a Special Permit to allow a
Thai Restaurant in a CN Zoning District, regarding property located at 377 Cabot Street
(the “Parcel”).
The January 22, 2002 public meeting of the Board was called to order by the
Chairman Scott D. Houseman. The following five members of the Board were present:
full members Scott D. Houseman, Margaret O’Brien, Scott Ferguson, Mark Schmidt and
Andrea Fish. Alternate member John Colucci was present but not voting.
The public hearing on this application started with the Zoning Clerk, Diane Rogers,
reading the application request to the public and the Board members reviewing the
application materials.
Mr. Tanakrit Chanpreechakul spoke on his own behalf. He presented a site plan
showing the location of the proposed Thai Restaurant at the Parcel. This site was
previously a D’Angelo’s Sub Shop. He added that the customer area is approximately
1,200 square feet and that the existing large parking lot is large enough to accommodate
his customers. Mr. Chanpreechakul stated that he has a letter from the landlord
authorizing his zoning application. He provided a non-binding term sheet spelling out the
proposed terms of his lease. The lease would be based upon the term sheet.
Mr. Houseman pointed out to the Board members and public that this permit is a
Special Permit pursuant to Section 29-27-C. It authorizes a use in this district that is not
allowed as a matter of right. He then asked if any members of the public wished to
comment on this petition. Mr. Scott Gadbois spoke in favor of the petition. He said that
he and his wife own Casual Cuts, a hair salon in the retail plaza at the Parcel. Mr.
Chanpreechakul met with them early in the permit process to discuss his proposal. Mr.
Gadbois stated that he and his employees and customers are in favor of this Thai
Restaurant. A letter from Mr. Rick Stull of Videosmith, who leases in the building at the
Parcel also, wrote to state that he was in favor of the proposal.
The Board members then questioned the petitioner. They made observations and
obtained answers regarding the criteria upon which the findings must be made in order for
the Board to grant a special permit. This discussion is summarized as follows: Ms. Fish
asked if this would be a “take-out” restaurant. Mr. Chanpreechakul responded that the
restaurant will be “sit-down” style, however, the public could take out food as well.
Building Commissioner Timothy Brennan stated that “take-out” business would have to be
less than 50% of the use. Mr. Schmidt stated that he reviewed Section 29-27 (C) (2)(a-f),
he is familiar with the property, and he is in favor of the petition. Mr. Ferguson
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commented that there were two letters presented in favor of the proposal and that he is in
favor.
Mr. Houseman reviewed the factors affecting approval of this application. He said
that this is a retail location, a sandwich shop was formally located there, and that this
proposed use in the plaza would be beneficial to the area. He confirmed with Mr. Brennan
that there is adequate parking in the plaza parking lot. Mr. Houseman observed that there
are adequate facilities for this use at this location, there were no objections from the public,
if fact there were letters in support of the proposal, and that appropriate city services are
present. Mr. Houseman commented that, properly conditioned, he sees no negative issues
with this proposal, the criteria under Section 29-27-C have been met, and he is in favor of
the application. Mr. Houseman and Mr. Brennan discussed the life span of a special
permit. They agreed that the Board could condition the special permit to be limited to the
life span of this Thai Restaurant. Mr. Houseman said that “use” special permits are
historically one of the more troublesome kinds of relief the Board can grant and suggested
a condition to limit the scope of this permit.
The Board incorporated its general observations as its findings and made the
following specific findings about the proposed use: (1) that the site at the Parcel is an
appropriate location for a Thai Restaurant and the character of the adjoining properties
would not be adversely affected by such a restaurant there; (2) that no undue traffic,
nuisance, or unreasonable hazard will result from the proposed restaurant; (3) that adequate
and appropriate facilities such as electricity, and city water and sewer currently exist for
the Parcel; (3) that no factual evidence was presented that the proposed use would
adversely affect property values; and (4) that there were no valid objections from abutting
property owners based on demonstrable fact.
Following the questioning and discussion, on a motion made by Mr. Schmidt and
seconded by Mr. Ferguson, the Board voted 5-0 to GRANT the special permit subject to
the condition that the Special Permit be limited to the use of this location at the Parcel for
the purpose of a Thai Restaurant. All members voted in favor. The Motion carried.
Appeals from the Board’s decision on this petition may be filed in accordance with
the provisions of M.G.L. Chapter 40A, Section 17, within twenty (20) days of filing of this
decision with the City Clerk. This decision shall not be valid unless recorded at the Essex
County Registry of Deeds in Salem, Massachusetts after the twenty-day appeal period has
passed without an appeal being filed.
Respectfully,
Scott D. Houseman
Zoning Board Chairman
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