Hooksett, NH, 1999: Citizens Convince Property Owner to Withdraw Application for Capital Video Porn Shop

Sometimes businesspeople heed the concerns of the community and change their plans. Such was the case in Hooksett, NH, where Capital Video tried to establish a porn shop in 1999. These minutes from the Hooksett Zoning Board of Adjustment tell the story…

LMG PROPERTIES LIMITED PARTNERSHIP

1318 HOOKSETT ROAD, MAP 25, LOT 64

REQUEST FOR SPECIAL EXCEPTION FROM ARTICLE 20, SECTION C OF THE ZONING ORDINANCE TO PERMIT A 5,000 SF BUILDING FOR A SEXUALLY ORIENTED BUSINESS

Marc Gordon, President of LMG Properties, Inc.: I have been the owner of this property for approximately ten years. This is a vacant piece of property. This meets the standards of Article 20, Section 1. We believe the location is located in a commercial district not within 1,000′ of another business of this type (reviewed answers as outlined on his application). We are a real estate holding company… We pay our taxes. We have not had any tenants on this property. It was originally planned with the auto body shop to be the Canad Cinema site. We worked for over one year on this project. We could not arrive at an arrangement with the Caneb family, who owns the Granite State Marketplace. Since then we have approached and been approached by other parties, but have never been able to reach a commercial entity to put on that site. We were approached by Capital Video Corp of Cranston, RI, who operates these businesses. They have about 28 stores throughout New England. (Mr. Gordon introduced Edward Nota, real estate manager of Capital Video Corp…)

Edward Nota: The store will be monitored well before they can enter the adult area… There is nothing on the outside that would indicate what this is. Nothing of adult nature being exposed to the outside…

E. Nota: Hours of operation and all restricted signs are posted on the door. Whatever code we would meet the signage requirements…

E. Nota: …There is always someone at the counter. That is a requirement of the store. There is a complete security system in the store with audio and video. Those tapes are viewed weekly…

K. Davis: What would you say your biggest volume of products is?

M. Gordon: Today it is videos. It is 20% magazines, 50% videos and 30% novelties.

L. Powers: What made you pick Hooksett?

E. Nota: The location. The open area. Being on the highway, away from residential for the most part.

Phil Hastings, Attorney for Granite Equity Partners: I submitted to the Board a written objection to the application. The shopping center owners are very much opposed to this proposal. The ordinance lays out five specific conditions. Each one needs to be fulfilled and evidence needs to be presented before your Board finds this. Notice of the application was received, I believe, in the time period. I have not heard the applicant speak to the standards. The application is defective. It gives a restatement of the five conditions. It presents no evidence or facts upon which the Board can act. We believe this violates the due process rights of the people in this room opposed to this project. The critical thing for this Board to keep in mind is the first standard. The proposed use has to be appropriate for the location in which it is proposed. In the mall there is a Wal-Mart, Shaw’s, K-Bee Toy Store, pet store, Post Office, video store. It is in close proximity to Burger King, a bank, Wendy’s and nearby residential development. All of these are family center activities and use. A sexually oriented business on the property would be inconsistent with those uses. The fact that it is on Route 3 is critical. It cannot be avoided. Of all possible locations in the town that might be appropriate, this is the worst of them because of the family oriented nature of the surrounding uses. The standard in the Zoning Ordinance requires that the proposed use does not result in any reduction of property values. Submitted to the Board is a letter indicating that the economic feasibility of this shopping center depends on the existence of family oriented retail environment. Allowing a sexually oriented business would undermine that environment, and in their opinion, would result in a decrease in values. Traffic hazards have not been addressed. The proposed access puts them right on Route 3 onto a busy intersection. The applicant fails to identify what traffic impact mitigation measures will be taken.

The plan does not demonstrate that suitable landscaping and lighting concerns have been addressed. The applicant’s request for a special exception is constitutionally defective and fails to address the five criteria and for that reason should be denied.

Frank Kotowski, Councilor at Large: I received a lot of telephone calls from people about this application. I think this man is right on the money. I appeal to this Board in opposition to issuance of the special exception in question. I refer you to paragraph two of the amendment to the Other Ordinances, page 67 (reads). That statement expresses the desires of the residents of Hooksett. Article 120 establishes criteria for allowing establishments in accordance with the First Amendment. There is also Article 23, which says the requested use will not impair the integrity or character of the district or adjoining zones…. It is requested that you use wisdom in interpreting these ordinances in making a decision on behalf of all of the people of Hooksett…

Jay Gagne: Our attorney chose not to speak to item #5, which deals with this–should not be detrimental to the health, morals, etc. of the community. I don’t think the majority of the people that are here tonight came here because this would be a positive impact to the community. We should appeal to you to reject this application outright…

Joan Woodley: This will reduce property values. Campbell Hill has approximately 110 homes. Some are over $200,000. I think this would affect the property values. What is the center of Hooksett? We go to Granite State Marketplace. That is what most of the people of Hooksett consider the center of town.

Jacque Plante (Lieutenant PD, Acting Chief): I am here to ask you that this not be granted. I believe it has an impact on the morals of the community. I don’t think we have the population base for this store. They propose to start with books and videos. What would be next? What kind of reputation do we want for Hooksett? The schools and the police department spend a great deal in resources and time trying to teach morals to the children. By letting businesses like this in Town, we are being counter productive and doing the children a disservice. I ask that you not grant the special exception.

Vincent Alyota: I did some research and I am submitting articles to you. I have been a resident for five years. I came from New York State. We had a lot of these things. When I moved to Hooksett, it was like a breath of fresh air. I believe this is a matter of doing the right thing and I believe we will tonight.

Jack Mudge: The school buses will be parked right in front of this place. Can you imagine what the conversations will be. I hope that you will not do it for the children. Think about the example we would set if we don’t vote this down…

M. Gordon: We have owned the property for ten years. We pay taxes on it… If the community feels that strongly, I will withdraw the application. We will continue to try to get other things in there. I felt it was a protected use. I am a dad, and I am sorry it has caused you this aggravation.

The application was withdrawn.

It is regrettable that Barry and Annette Goldberg, property owners of 135 King Street, appear to lack the sense of civic responsibility shown by Mr. Gordon.

We noted Capital Video’s assertion that “Nothing of adult nature [will be] exposed to the outside.” It supports the notion that Capital Video is indeed trying to punish Northampton with aggressive sexual displays that serve no legitimate business purpose. We also noted Capital Video’s assertion that it chose the Hooksett site for “The open area. Being on the highway, away from residential for the most part.” Too bad this sensitivity on their part didn’t make it to Northampton.