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Dedham TM to face adult business issue


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Daily News Transcript
Posted Oct 06, 2008 @ 02:17 AM

DEDHAM —

A warrant article for the Nov. 17 Special Town meeting would prohibit adult businesses from setting up shop in certain areas of town.

Article 4 of the 13-article warrant, said Assistant Town Administrator Nancy Baker, would amend the town's existing bylaw governing the zoning of adult businesses - adult bookstores, video stores, movie theaters, paraphernalia stores, and clubs - by creating a district where they would be permitted. It would also prohibit such businesses from being located within 150 feet of residences, schools, libraries, churches, playgrounds or parks.

If the amendment is enacted, adult businesses would only be able to set up shop in specific areas of Dedham as approved by the Zoning Board of Appeals.

Currently, according to Selectmen Chairman James MacDonald, adult businesses could successfully challenge Dedham's zoning bylaws in court and move anywhere in town.

"The town has the ability to protect itself against such lawsuits by taking a proactive approach in amending its bylaw to meet the current state of law," wrote MacDonald in a recent press release.

According to the article's text, the purpose of the new bylaw is to "address the well documented secondary effects of adult uses" like higher crime, blight and adverse impacts on residential and commercial property values.

The Planning Board will hold a public hearing on the article on Oct. 20.

Another potentially controversial article, Article 13, would ask the state to disallow a liquor license that was previously granted to the future Legacy Place tenant, Whole Foods Market.

Dedham gave Whole Foods a "pouring license," for wine sampling in the store. The town, after additionally granting the organic grocery store chain an additional beer and wine license, is seeking to revoke the initial pouring license.

Whole Foods Market would, as of now, hold the only off-premises alcohol license in Legacy Place. The six other licenses were given to restaurants.

Article 3 would create a special stabilization or "rainy day" fund using mitigation money from developers, particularly the builders of Legacy Place.

Articles 5, 6, and 7 deal with the town's sign code.

Selectmen Vice Chairman Michael Butler wants to make sandwich board signs - small, freestanding signs advertising goods or services at an adjacent business - allowable under articles 5 and 6.

If the sign were to be placed on a public sidewalk, however, it would require, under article 5, written approval from the Department of Public Works.

The definition of backlighted signs would be slightly amended in article 7.

Article 8 seeks to amend Dumpster regulations by excusing paper recycling Dumpsters from needing fencing around receptacles.

Article 9, presented by Parks and Recreation Commissioner Donald Reisner, would clean up language and modernize definitions in the town's sex offender regulation bylaw.

The town is looking to receive approval to enter into a five-year contract with Russell Disposal Inc. - for curbside collection of household trash and recyclables - and a 9<+>1<+>/<->2<->-year contract with Wheel-A-Brator - for the disposal of waste - under article 10.

Contracts over three years must be approved by Town Meeting.

Articles 11 and 12 would allow Dedham to establish a Group Insurance Liability Fund to deal with employee retirement benefits.

A public hearing concerning all articles will be held in front of the Finance Committee on Oct. 21 and will proceed until Oct. 23, if necessary.

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