Adams ZBA Backtracks to Approve Asian Cuisine Restaurant
ADAMS, Mass. — The Zoning Board of Appeals backtracked on a special permit it balked at a month ago, allowing an Asian restaurant to open as planned.
The board had latched onto a problematic clause in the bylaws that allowed it to dismiss a special permit if approving it would lead to "deterioration of properties" because of a saturation of similar commercial activities. But on Tuesday, it unanimously approved the special permit for Xing Li to operate a restaurant at 131 Columbia St. — a building away from a similar proposed eatery.
Meeting board member Michael Mach, who was not at last month's meeting, questioned the interpretation of the regulation and said it should really come down to competition.
"I don't care if there are five Chinese restaurants and five steak houses right next to each other," Mach said. "It's called competition and the strong survives and the weak don't. It is as simple as that. There are hardly any restaurants coming into town and when we do have one, I think it behooves us have them open."
Board member Francie Anne Riley felt the regulation was "scary and misleading." Acting Chairman Peter Gutmann agreed it was misleading and perhaps out of date, but said the board still must consider it because it is on the books and could open a decision up to an appeal.
But other town leaders were firmly against considering it at all.
Town Administrator Tony Mazzucco said town counsel had reviewed the regulation and reported that it should not stop the board from granting a permit and he did not believe it would leave any room for appeal.
Selectman Jeffrey Snoonian, saying he was speaking as a citizen, saw it in reverse and felt if the board denied the permit because of the regulation, the applicant would have a strong case against the town.
"The idea that that bylaw was interpreted that way … is such a leap I can't believe that we are here again even looking at this," Snoonian said. "If I were this gentleman and was not allowed to open because of that interpretation I would take it to the highest court … this bylaw is unconstitutional."
Myra Wilk, a former selectman, said Adams should open its arms to both potential Asian restaurants.
"We should be supporting anyone that comes in with a good solid business plan who want to buy property and contribute to the tax base," she said. "We should be supporting both of them."
She also noted that the board's original interpretation does not hold up on Park Street where there are number of similar restaurants and businesses.
Gutmann asked that the Planning Board discuss removing the regulation at its next meeting.
"If this is a problem this needs to be removed," he said. "This is not the first time this clause has come up and it is troublesome. I don't know why it is even there but it is."
Li had been advised by the board last month to withdraw his application — so it would not have to vote to reject it — and resubmit with a new location because of the permit approved in 2011 for applicant Neil Wong for 125-127 Columbia St. Wong's objections last month had led to the board's actions.
"This is wrong of them to fill that building, and they are coming here to compete with me with the exact same kind of food right next to me," Wong said on Tuesday. "How will we survive … he is coming in here to try to take me down."
The board asked Wong why it has taken him so long to open.
Wong said he has been shorthanded at his other restaurant in Holyoke and has been unable to progress but he has been maintaining the building and making renovations, which he believed extended his special permit.
Building Commissioner Don Torrico said Wong took out another building permit in 2015 but he has not seen any movement toward meeting the conditions of the special permit.
"I was there today. I didn't see any trees up or fencing as stated in your conditions so I question if that permit is still valid," he said.
Torrico questioned the validity of the permit and said it is up to Wong to prove that he has been moving forward on the renovations.
Tags: Asian cuisine, restaurants, ZBA,
