Today’s Daily Hampshire Gazette reports on the debate leading up to the Northampton City Council’s approval of adult-use regulations at yesterday’s public meeting. Each regulation was approved by a two-thirds majority of the council or greater. The meeting was “standing-room only.”
Those quoted in favor of the regulations included…
Council president Michael Bardsley: “This isn’t a ban; we’re talking about a regulation.”
Ward 3 councilor Marilyn Richards: “I believe we’ve taken great care at every step to make sure we did not infringe on [First Amendment] rights.”
Ward 4 councilor David Narkewicz: “[Northampton is not] reinventing or breaking new constitutional ground.”
Ward 6 councilor Marianne LaBarge: “It is a very modest ordinance.”
At-Large councilor James Dostal: “If I could vote to have no store at all [at 135 King Street], I would…”
Mayor Clare Higgins expressed concerns that a large porn shop at 135 King Street would impede efforts to revitalize that area of the city.
Those opposed to some or all of the adult-use regulations were Ward 1 councilor Maureen Carney, Ward 2 councilor Paul Spector and Ward 7 councilor Raymond LaBarge.
The regulations are published for public review on the Northampton City Council web pages. These pages also let you know how you can contact your council member.
Today’s Republican also writes about the council meeting, and reports on a recent effort by Capital Video to get around possible Northampton zoning changes…
Capital, which maintains stores throughout New England, filed a new plan on Monday in an effort to grandfather the use of the King Street site as an adult store before the council could change the zoning laws. The plan changes the footprint of the lot by incorporating 15 square feet from the adjoining parcel…
According to Northampton Planning Director Wayne M. Feiden, Massachusetts is the only state in the country that allows prospective developers to freeze zoning laws by changing the plan in this way. However, he said the city does not believe adult uses are protected by the state law, a section of which excludes sexually explicit billboards and other adult uses.
The city is consulting with Concord lawyer Mark Bobrowski, who specializes in land uses and zoning.
Neither [135 King Street property owner Barry] Goldberg nor Anthony Nota, who is named as Capital’s representative on the application form, could be reached for comment.
Although Goldberg co-signed the new plan, he cannot actually transfer the land from his other property to Capital without a variance from the Zoning Board of Appeals, according to Feiden. Because the lot lacks sufficient size, the zoning board would deny the variance, Feiden said.
“This is a plan you couldn’t possibly do,” he said.