Election set on creation of adult zone

Turning a chunk of prime real estate along Route 1 into a district zoned for adult businesses earned enough support to pass at Town Meeting, but now the voters of Danvers will have the final say on the proposal.

In a referendum scheduled for Feb. 10, voters will be asked to uphold Town Meeting's approval to change zoning laws to confine adult businesses to a high-priced section of town. For the bylaw to be enacted, a two-thirds majority of those who vote is needed, which is the same requirement as at Town Meeting.

Opponents say the bylaw invites adult businesses to town, while town officials who drafted the proposal say the bylaw would prevent business from opening near the town center, schools, and homes. With no bylaw, an adult business can apply to open in any of the 1,800 acres zoned for business, officials said.

Proponents of the bylaw have formed a committee, Vote Yes to Protect Danvers, and plan to pass out fliers and post signs around town asking residents to support Town Meeting.

Opponents plan to use cable access television and other means to inform people of the bylaw, without forming an official group or spending money. The Vote Yes committee is being funded through private donations, members said.

The Board of Selectmen has come out in favor of the bylaw. From 5 p.m. to 7:30 p.m. tonight, selectmen will be at Town Hall to answer residents' questions about the proposed bylaw.

Selectwoman Ellen Graham said the meeting is informational and to help residents who may not understand the conditions of the bylaw.

''Zoning means restricting them," Graham said of the bylaw. ''We'll get no heads up; once they're here it's too late."

Graham said she hopes people come out to vote and support the Town Meeting's decision.

In November, Town Meeting approved the bylaw on a vote of 86-26. The bylaw would create a 64-acre section of town, at the intersection of Routes 1, 95, and 114, that would be zoned for adult businesses.

Under the proposed bylaw, such a business would be defined as one in which 20 percent or more of the activity or stock consists of sexually explicit material for sale, rental, distribution, or exhibition. This would include stores selling explicit magazines, books, videos, and paraphernalia. It also would include adult entertainment businesses such as strip clubs and movie theaters.

No establishment in town is currently considered an adult business, although some have pornographic materials or videos among their inventory.

Town Meeting member Ann Marie Ruotolo is leading the charge against the bylaw.

''This is a badly written bylaw," Ruotolo said. ''It will invite the big guys in. And those are the ones we have no defense against. We don't want a porno mile."

Under a provision in the Town Meeting Act, any item voted on at a Town Meeting can be put to a public vote if 4 percent of registered voters petition to do so within five days after the vote, Town Clerk Joe Collins said. Ruotolo brought a petition to Town Hall five days after the November vote that contained 1,084 signatures. Only 650 were needed to hold the referendum.

Residents ''were eager to sign," Ruotolo said. ''They don't feel this belongs in Danvers."

The town's Planning Board pushed for the bylaw in 2002 and 2003. The original proposal, which called for a 157-acre zone failed to garner two-thirds support in 2002. Prior to the 2003 vote, the Planning Board scaled back the size of the zone to 64 acres.

''This is the strongest bylaw in the state. Right now there is zero protection," said Jim Sears, former Planning Board chairman. More than 70 communities have passed similar adult zoning bylaws, Sears said.

Sears said the few stores in town that sell pornographic materials and videos could expand at any time. If the new bylaw is passed, current businesses could not expand unless they moved into the zone.

The bylaw contains several regulations, including requiring adult businesses to apply for a special permit through the Zoning Board of Appeals every two years and conducting background checks on business owners, Sears said.

The 64-acre proposed district has the highest property values in town and is accessible only by highways.

''Our criteria was to choose an area that doesn't have any residential impact," he said. The zone is already packed with several large businesses, including Costco, Circuit City, and the Marriott Hotel.

Ruotolo argues that the zone invites adult businesses, while Sears said under the current bylaws adult businesses are able to open anywhere in town.

Town Meeting member Jim Morose voted against the proposal at the 2002 and 2003 Town Meeting. ''For 250 years we haven't had an issue," Morose said. ''No one is beating down the door. Why are we saying you're welcome here?"

Morose said the town should look into other ways of controlling or deterring businesses from operating in Danvers.

One suggestion he offered was to institute a three strikes policy, where all businesses that had multiple incidents would have their licenses pulled.

The town has not had a referendum vote since the early 1980s, when voters approved purchasing a new police and fire communications system, Collins said.

The polls will be open from 7 a.m. to 8 p.m. Feb. 10. The referendum will be the only question on the ballot.