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    Brian Keaney

    The first round of the smut zone debate

    by: Brian

    Wed Oct 29, 2008 at 12:33:34 PM EDT


    No one wants a sex shop or a strip club in their backyard.  If most of us had our druthers there wouldn't be one in Dedham at all.  The fact is, however, that the Courts have ruled that nude dancing and porn videos are speech protected by the First Amendment and that towns can not simply ban them.  They can regulate them to control the proven secondary effects such as increased crime and harmful effects on nearby businesses, but that's about it.  That is also what Article Four of our Special Town Meeting warrant seeks to do.

    A little history is in order.  Nearly 20 years ago a company came to town looking to open a video rental store.  After they got their permits and opened for business the Town realized that they were not in the business of renting out Dumbo and It's A Wonderful Life.  No, they had a selection for a much more mature audience.  It was the first adult business within our borders before and thus we had nothing regulating them.  Video Expo was free to locate anywhere they liked, and they did, right on Rt 1 across from Tahiti.

    In response the Planning Board sent Town Meeting a new zoning law that would regulate where new adult businesses could go.  They selected a site that was so out of the way that they knew no adult business, or any type of commercial operation whatsoever, would ever locate there.  To get there you have to drive through Readville, and indeed the road ends and the parking lot begins before you get back into Dedham again.

    This property formerly held the Stop and Shop warehouse that was recently considered for annexation by Boston.  One of the arguments against selling the land off was that it housed our adult business zone, and if we lost it then we would have to find someplace else for that purpose.  As it turns out the Selectmen knew all along that this wasn't a good reason to oppose the annexation, but for better reasons they kept their mouths shut.

    In 2004 Frank Gobi, the owner of the building that houses what is now known as the Amazing.net store, told them that they would have to move to the back of the building, the side facing Eastern Ave.  Amazing.net asked the Town for permission and were denied.  We have an adult use zone, we told them, and if you want to move anywhere besides where you are currently grandfathered in then it will have to be there.  This being America, the purveyor of adult goods responded by saying "I'll see you in court."  Article Four is a direct result of that lawsuit, which was recently settled.

    Brian :: The first round of the smut zone debate
    A couple months ago notices started appearing in the paper that Amazing.net was applying for permits to modify one of the storefronts on the lower level of the building.  Knowing of the denial they received a few years back, but not of the lawsuit they were currently engaged in, I assumed that they were expanding their store to take two levels, not moving the whole operation.  Turns out that they were challenging the adult zone we currently have in place, and part of the settlement stipulated that we had to let them move.  

    The current zone is inadequate in several respects, and a better one needs to be found.  If we do not create a new zone that passes Constitutional muster then any adult business can locate anywhere in town they like.  When I lived in Honolulu I could walk to at least half a dozen strip clubs from my apartment.  I also knew on which blocks I would see which prostitutes.  A big reason there were so many ladies - and men who dress like ladies - of the  night is that Waikiki is the tourist capital of the world, but there were always more of them closer to the strip joints than towards the ritzier hotels.  I loved living there, but I certainly don't want that for Dedham.

    Article Four sets up such a zone by way of an overlay district along Allied Drive, the road that runs from the Rt 128 rotary to the commuter rail station.  It also passes the Juvenile Courthouse, and the two nursing homes on the street are included in the zone.  It is not an ideal location, but there really isn't any such location.  We clearly don't want to put it in a residential neighborhood, and that eliminates about 80% of the town right there.

    The only other option I've heard thrown out is Sturgis Drive.  Personally I think you are more likely to get an adult business to open up just off of Rt 1 than you are just off 128, and so for that reason I think Allied Drive is the better of some bad options.  It also should be said that just because adult uses would be permitted in this new zone that doesn't necessarily mean that they will.  This is would create an overlay district, so the existing uses are all still permitted.  Anyone who hopes to open an adult business down there will have to compete on the open market for space.

    The proposed by law also allows for some addition protections.  The building in which the adult use is housed has to look similar to the surrounding buildings.  You can't paint it purple and gold and put neon dancing girls on the roof.  However, that monstrosity of a billboard is not too far away on Rustcraft Rd and we have no control about what gets put on that.  A proposed adult use will also have to apply for a Special Permit, subject to conditions protecting the "public health, safety, and welfare" of the town.  

    I'm supporting the article, but there are a few minor amendments that need to be made.  The Planning Board got most of them last night, but I'd like to propose one more.  There is no provision for notification of neighbors before an adult use can move in.  I'd like to see something that says abutters must be notified in advance of the public hearing so they have a chance to weigh in.

    Aside from this new district backing up to a residential neighborhood, albeit with the Hilton in between, it should also be noted that Allied Drive is one of the few underutilized commercial properties left in town and has been targeted for economic development purposes.  I'm sure being the location of the adult entertainment zone will hinder that, but I hope so long as nothing goes in there that the fall out shouldn't be too bad.

    I think Allied Drive is the right place to put the zone, but a number of neighbors did not.  The Planning Board heard them and some echoed their concerns.  In response they proposed forming a study group to report back to the Annual Town Meeting on whether or not the location should remain on Allied Drive or move somewhere else. It would be beyond the scope of the article - an understandable but sometimes frustrating restriction - to debate another location at this Town Meeting.  So, I hope you all enjoy the debate in 3 weeks, because we will get to have it all over again in 6 months.    

    If you care to weigh in before then, the FinCom will be discussing the Article tonight at 6:30.  They will have the final say before Town Meeting, and will provide the original motion for that body to consider.

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    A room with a view........ (0.00 / 0)
    Don't forget that the already troubled youths' at juvenile court will be right next door to the new adult zone if it is located at Allied drive in addition to the elderly (MAYBE YOUR GRANDMOTHER) at Care Matrix. Also if you want families of any quality to move into Jefferson Station or Station 250, I don't think they will want a room with a view of a smut shop.
    But unfortunately I have to agree with Brian on this one- THERE IS NOWHERE ELSE!

    Thanks for nothing (4.00 / 1)
    "They selected a site that was so out of the way that they knew no adult business, or any type of commercial operation whatsoever, would ever locate there."

    So in other words they knew that they were commiting a fraud on the people of Dedham. And not only that, they also knew that their fraud would not hold up in court, and that if the site was challenged, the town would be helpless to stop a sex shop from opening up anywhere in town.

    As it happens, a strip club can't make money without a liquor license. Since a liquor license is not available, no potential club owner would bother with Dedham. But of course we wouldn't want to be sensible about this, would we? When residents panic, it's always safe for the politicians to feed the flames.  


    Not so (0.00 / 0)
    This statement just isn't true:

    So in other words they knew that they were commiting a fraud on the people of Dedham. And not only that, they also knew that their fraud would not hold up in court, and that if the site was challenged, the town would be helpless to stop a sex shop from opening up anywhere in town.

    The district was, most likely, just fine at the time of its adoption.  Over the past 20 years case law has developed rendering it inadequate.  Now, a very good question would be why didn't Town Counsel alert us before we got sued that the law had changed and we were once again vulnerable.  Or, perhaps they did, but the Selectmen simply stuck their heads in the sand until they were forced to act.  I don't know which is the case, but either is not acceptable.

    I'll also say that I completely disagree that the politicians are fanning the flames on this.  I have been to two Planning Board and two FinCom hearings on this, and throughout they have been calm and measured, even when expressing great concerns.  It is entirely to their credit they way they have handled this.

    myDedham.org - a community since 1636 and online since 2007!


    [ Parent ]
    Think again (0.00 / 0)
    No, the district was not just fine at the time of adoption. The law has not changed between then and now. The law requires that businesses be allowed to do business SOMEWHERE. You cannot set aside a plot of land three feet square, or in the middle of a lake, or any other patently obvious obstructionist manner. Judges do not take kindly to having their intelligence insulted. Many such cases have already been heard, and the results are always the same. The current district is made up of wetlands - that's can't be built on - and a warehouse. Any lawyer familiar with the history of this subject would have known that this would never pass muster, and such a sensitive matter would certainly have received legal scrutiny. They committed this fraud on the people of Dedham because they didnt' have the guts to put the district in someone's back yard and deal with the backlash. God forbid one voter should be pissed at them. As a result, the town has been at risk ever since. Thanks for nothing.  

    [ Parent ]
    fascinating geography (4.00 / 1)
    As a citizen of Westwood, I was quite "concerned' to learn that Dedham might be planning to create a "smut zone" adjacent to Westwood Station. I dug a little deeper and learned that the Dedham town line runs through the MBTA parking garage at University Station and includes the back half of the office building on Blue Hill Drive. So the University Ave location is in the back half of an office building that can only be accessed from Westwood.

    As another commentator mentioned, you really need a liquor license to make the strip club economically viable, so perhaps the plan could be to renovate the office building so that strippers could perform on the Dedham side of the building, and patrons could walk across to the Westwood side of the room to a new grocery store where they could buy a six pack of beer. We could call it the West Dedham Panty Pantry.


    Howdy, Neighbor (0.00 / 0)
    Aren't the people of Dedham nice? Weren't they just bitching about the possiblity of Westwood turning Dedham street into a cul-de-sac off Route 128? Now they want to drop their smut zone on Westwood. Nice neighbors. This is actually quite common. Most districts are at the far corner of town, often close to a residential district in the next town. It's every community for itself - scr*w your neighbor. Imagine if Boston put its adult district along the Dedham border to get it out of the Combat Zone downtown. That's what Dedham is considering doing to Westwood.  

    [ Parent ]
    not likely (0.00 / 0)
    my smart-a** comment was meant to ridicule the idea of having the district at the University Ave location. I'm sure there is no "danger" of anyone locating there. The Westwood Board of Selectman have this on their agenda tonight, but I think it will just be informational.

    [ Parent ]
    no laughing matter (0.00 / 0)
    The Westwood Board of Selectmen voted tonight to convey their concern and strong opposition to Dedham's effort to locate a smut zone on the border with Westwood. It turns out that both the Allied Drive location and the University Ave location abut buildings in Westwood. Someone in the audience tonight did in fact suggest that if a potential business felt they could make money...they might indeed seek to operate an adult business from the backside of 400 Blue Hill Drive.

    One selectman noted that Natick has located its adult use zone "under the Natick Mall" and relies on the management of the mall to avoid such a use from materializing. Perhaps the zone could be put under Legacy Place??


    [ Parent ]
    Regarding Natick (0.00 / 0)
    "Under Natick Mall" is just the kind of insult to the intelligence that judges don't appreciate. It is exactly the kind of "trick" that got us into this problem in the first place. The Supreme Court has been very clear on this, so communities just have to suck it up and make the best of it. "The dog ate my homework" will not cut it in court.  

    [ Parent ]
    Westwood is such a good neighbor... (0.00 / 0)
    Please. Instead of Boston as an example why don't you use the example of approx. 4 million square feet of retail, office and residential space being placed on the border of a surrounding town like Canton or that Westwood's adult zone is located in that same area along the Canton border.  

    [ Parent ]
    Adult Use Zoning (0.00 / 0)
    In Brian's thoughtful explanation of why he is voting for the adult use zoning change he writes that "this new district backing up to a residential neighborhood, albeit the Hilton in between...."  As a resident of this neighborhood for 13 years I need to bring to your attention that the Hilton does not provide a buffer between Allied Drive and the Willard/East Street neighborhood.  Willard is a small street that is home to over 22 kids under the age of 15 and their families.  What has not been considered is the amount of traffic that comes down Willard Street looking for the Hilton, or other Allied Drive establishments.  This is a main concern for the neighborhood.  

    And it has not been explained to me why the original site is not ok.  Is it surrounded by a moat?  There are several businesses in Dedham that you can only access from other towns.    

    At the very least the new site should be reduced in size.   If you can vote at town meeting please consider voting against it the change as it is currently written.      


    Why it's not OK (0.00 / 0)
    The original (current) site is not OK for several reasons.  First, it can't be accessed by a road in Dedham.  When I pointed out to the Planning Board and Town Counsel that the proposed new site can't be accessed without traveling through Westwood, the lawyer first tried to tell me that it could be - not exactly confidence inspiring.  

    After he was informed that it couldn't, he said Allied Drive was in Dedham, and there was no frontage on a road at the current site.  You drive through Walcott Sq in Readville, down Meadow Rd, and then the road ends and you enter the parking lot.  Drive halfway down the parking lot and you cross the border back into Dedham.  I think the distinction about frontage is one without a difference as in either case you have to drive through another municipality to get there.  However, both Town Counsel and chairman of the Board, also a lawyer, both assured me that legally there is a difference.  They know more than I so I'll take them at their word.

    There is also only a single owner of the current site, which they say is also a problem.  It could be argued that the Town is in collusion with that owner to prevent such a use from going in.  It is more difficult to do that with multiple owners.  The current 1,000 foot set backs from housing back the usable area enough "to plant a flag pole," but not much else.  It has to be big enough to house a viable commercial operation.

    Finally, I know some of those kids under 15 on Willard Street and their families.  I certainly don't want them or anyone else to have to live near a smut shop.  However, only one viable alternative has been presented - Sturgis Way - and unfortunately for the families of Willard St and surrounding areas I think this is the better of the two.

    myDedham.org - a community since 1636 and online since 2007!


    [ Parent ]
    town access (0.00 / 0)
    I doubt there's any legal problem with access through the town. The problem you state above is that the plot of land zoned for adult businesses is not on a public way - it's at the back end of a private property. Therefore, it is not available for use to a new business. Therefore, it is bogus.

    If someone tried to open an xxx video store in Dedham square tomorrow, I doubt the town could stop them. Thanks to your elected officials, there is no legal leg to stand on right now.

    As it is, the video shop business is dying - everything is going internet now. And since strip clubs need a liquor license, there's about an icicles's chance in hell that anyone will want to open any kind of adult business in Dedham.  


    [ Parent ]
    That makes more sense (0.00 / 0)
    Your explanation of why Allied Drive is OK when Meadow Rd is not makes sense - more sense than the answers I got at the Planning Board hearings anyway.

    You are mistaken, however, that we couldn't stop a book store from moving into the Square.  When this article was posted it put a freeze on any new adult developments.  If the article fails at Town Meeting then we will be without a leg to stand on.  That is why it is important that we approve this article now and then, if someone wants to, we can move the zone somewhere else at the Annual Town Meeting in a few months.  

    I agree that it is unlikely it will happen, but if this fails then Amazing or anyone else could move right into Oakdale or East Dedham Square if they wanted to.  That's not a risk I'm willing to take.

    myDedham.org - a community since 1636 and online since 2007!


    [ Parent ]
    Sorry.... (0.00 / 0)
    Chris

    Every play musical chairs? The music just stopped, and your part of town was left standing.

    I did explain to you above why the original site was not OK. Fowl Meadow reservation is not a place a business can build on. It's not the access - it's the site itself. By law, communities MUST allow adult business to open SOMEWHERE. The only choice you get is where it will be. The town will pick the place that p*sses off the fewest voters possible. Apparently, that means you.  


    [ Parent ]

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