Adult district proposed in Danvers

By Kathy McCabe, Globe Staff, 10/5/2003

Except for a few stores selling porn magazines, adult videos, and titillating toys, the sex industry is pretty quiet in Danvers.

But, if town planners create a 157-acre adult business zone, will the retail hub of the North Shore suddenly attract strip clubs and porn shops?

It's a question being asked now that an adult zoning proposal -- which failed to get a two-thirds majority needed to pass at Town Meeting last fall -- is being put forward again next month during a special Town Meeting scheduled for Nov. 24.

Before then, residents will have several chances to weigh in on the proposal. On Oct. 21, the Planning Board will hold a public hearing. The Finance Committee, which makes a recommendation on all articles presented to Town Meeting, will hold hearings in early November, officials said.

Residents who don't want an adult zone in their neighborhoods already know what they'll say.

"If we create this bylaw, it will just open the door to these clubs," said Jim Morose, a Town Meeting member from Precinct 8, near downtown. "I'm going to vote no."

The Planning Board is considering four possible locations.

The original proposal from last fall is still on the table. It would create an adult business zone on 157 acres around the interchange of routes 1 and 114 and Interstate 95, one of the most desirable business areas of town.

Additional proposals would keep the area around Route 1 and I-95, but eliminate 82 acres along Route 114, across from Lowe's Home Improvement Center. The lost area would be replaced with 75 acres of land in one of three other areas: along Route 1; Endicott and Water streets, an area that includes Liberty Tree Mall and the Osram Sylvania headquarters; or Cherry Hill Industrial Park, near the Beverly line.

Sandy Lane, who lives on Jacobs Avenue, faults planners for proposing some of the most valuable commercial and industrial properties in town.

"We feel it's not viable land," Lane said. "The Osram site in the rear is all wetlands . . . Endicott Street already is prime [retail] property."

Town counsel, which has reviewed court challenges and case law on adult businesses that are protected under free speech rights, recommends the town designate 2.5 to 3 percent of the total buildable land, so the bylaw would pass legal muster. It is designed to provide minimal amount of space and maximum protection to townspeople, planners said.

"We're trying to regulate them and make it hard for them to come here," said Jim Sears, the Planning Board chairman. "We're not trying to invite them here, but we do have to meet certain [legal] requirements" in establishing an adult zone.

Conditions in the bylaw would strictly limit where the businesses can operate. For example, one could not locate within 500 feet of a home, day-care center, public park, playground, or any indoor facility where children gather. A special permit would be required before one could open, triggering a public hearing process. An adult business would be defined as one with 20 percent or more stock that is sexually explicit material for sale, rental, distribution, or exhibition.

The proposal generated debate by the Board of Selectmen and the Planning Board during a public workshop last Tuesday. The selectmen officially have no say in the proposed zoning, but a nod of approval could help sell the bylaw at the Town Meeting.

"The bylaw is not meant to prevent or prohibit these businesses," said Evan Belansky, the town's senior planner. "But it would restrict them. The courts have been very clear that where [an adult zone is created] is a local decision."

Sears said the Planning Board is trying to be proactive planners. A gap in current zoning gives adult businesses a pass to open in any commercial or industrial area, including Danvers Square. "No one wants [adult businesses] in my backyard, but right now it can go in anyone's backyard," he said.

He said the high-priced commercial areas were selected because they could be too expensive for some adult businesses.

Some selectmen are skeptical, however.

Selectman Ken Brown recommended the town limit an adult zone to 8 acres. He also asked for more information about the options. "If we are going to spread this over 150 acres or so, to me, it's just going to [invite] multiple problems," he said.

Selectmen chairman Randall Sparkas said he's not ready to support the bylaw. He thinks market forces have already kept sex businesses out of town. "I don't understand the urgency, when nobody is beating down the door," he said, noting the town's social and economic makeup. "We are not an attractive customer."

Selectman Michael Powers said the town should adopt the strict conditions of the bylaw, but not designate a single area as an adult zone. "It's more important to get the restrictions through," Powers said. "If we [apply] this to all our commercial and industrial areas, the town is better protected than it is now. It doesn't pit neighbors against one another."

Selectwoman Ellen Graham, a mother of young children, said more controls are needed. "If we don't pick a spot, they can go where they want. They could go into the mall and we would have no say."

Selectwoman Martha Swindell said it's critical that the option chosen withstands legal challenge. "The decision is up to Town Meeting," Swindell said. "We have to present something to the town that safeguards us. We can't afford litigation . . . No zoning law is perfect."

Kathy McCabe can be reached at kmccabe@globe.com