Gazette: “Capital Video tries another tack”

Today’s Gazette reports…

The tug-of-war between the city and Capital Video Corp. intensified Tuesday after the Cranston, R.I.-based company filed new plans that could trigger a zoning freeze just as the city is poised to consider regulating porn shops.

The latest filing with the city’s planning department involves what are called ‘approval not required’ plans. City officials say they appear designed to protect Capital Video’s proposed business from any city zoning regulating the use of the property for a period of at least three years. But the city may have an out, one official says, because adult businesses could be excluded from those provisions.

The plans show a change in the boundaries of a King Street lot slated for an adult video and magazine store which would take 15 square feet at the far rear of 135 King St. and add it to 137 King St. (Both parcels are owned by Barry Goldberg of Longmeadow…)

‘Clearly that’s why they are doing it for: the zoning freeze,’ [Wayne M. Feiden, director of the Office of Planning and Development] said…

Under state law, the city has 21 days to approve or reject the ANR plans. The Planning Board could vote on the ANR proposal next week, or Nov. 2, according to Feiden.

‘We may sign it, but the question is, does signing it grant them any grandfathering rights,’ Feiden said Tuesday. ‘Clearly they must think it applies, or they wouldn’t bother going through this process.’

Feiden said the state zoning law, in this case Chapter 40A Section 6, appears to exclude adult businesses from being grandfathered from zoning laws.

‘But we’re not 100 percent confident,’ Feiden said…

Mayor Clare Higgins declined to comment on Capital Video’s motives, but said: ‘I think citizens can judge what they think they are doing there.’
Let your elected officials know what you think about Capital Video’s porn shop plans and legal maneuvers. Attend the City Council meeting of October 19 (7:15pm, 212 Main Street, see related Gazette article) and Capital Video’s Site Plan Review before the Planning Board on October 26 (8:30pm, 212 Main Street).

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