The town's adult zoning will move to the brand-new Legacy Place development, and nearby Stergis Way, if Town Meeting accepts the final decision made by a special committee last night.
Wrapping up months of work, the adult zoning study committee voted 6-1 to recommend that Dedham's adult use district comprise four parcels at Legacy Place - three owned by Legacy Place LLC, and one by National Amusements, the co-developer on the $200 million project - and three properties a little farther north on Stergis Way.
The move is somewhat in tension with the wishes of Legacy Place. A Legacy Place attorney said in April that his client would rather have adult zoning on its property - where it would have some control over adult uses - rather than next to it or across the street. Having it on Stergis Way "is of grave concern," he said then.
Until Town Meeting votes on the proposal in the fall, Dedham's existing adult district near Rte. 128 and the Westwood line will remain. That was created in November, and consists of seven parcels on Allied Drive and adjacent Carematrix Drive near the Dedham Hilton, and a single parcel near the intersection of University Avenue and Blue Hill Drive.
Upon Town Meeting's approval, the newly proposed district will supersede the current one, said Sarah MacDonald, a selectman leading the adult zoning group.
Last night, at the committee's first gathering since April 27, Jim McGrail of the Zoning Board of Appeals reported on a meeting he attended with the economic development directors of Dedham and Westwood. The neighboring town is also examining its adult district.
McGrail said it was clear that Dedham is a lot further along in its discussions on the topic - and that he got the impression that if Dedham continues with Allied Drive as its adult district, that Westwood "would adopt their portion of Allied Drive as a district as well."
McGrail reviewed the work the Dedham committee has done since January, reiterating the committee's desire to protect residential neighborhoods. Having the district on Allied Drive and Blue Hill Drive would not do that for residents in Dedham or Westwood, he said.
Noting that an adult zone needs multiple owners and multiple parcels to pass constitutional muster, McGrail said it would be prudent to reinsert the large parcel, next to Hyde Park, that is the site of a former Stop & Stop warehouse.
The Stop & Shop site was Dedham's adult zone from 1991 to 2008, but it was replaced last year after a lawsuit revealed that the zone was likely unconstitutional, leaving the town is a legally precarious position.
"Maybe on its own it doesn't pass muster, but I think it certainly adds to the muster when you put it with the group that we're talking about," McGrail argued that last night.
He suggested the committee endorse eight parcels as the new adult use overlay district - the former Stop & Shop site, the three owned by Legacy Place, the one owned by National Amusements, and three properties at the back end of Stergis Way that are owned by the SIP Trust. Town Meeting member John Caruso seconded the move.
The resulting discussion hinged on the Stop & Shop site. Finance Committee member Derek Moulton strongly disagreed with removing it.
"I don't see what the problem would be with seven parcels and three owners, and I think it's kind of stupid to just randomly include stuff when constitutionally I think we could probably get away with the seven and three," he said. "Why expand the area to more than it needs to be?"
Moulton also objected to putting the adult zone in the middle of town. "We are putting this thing in the middle of what will be the biggest development in the last however many years in Dedham, and it's right next to the front driveway of a lot of people. So I would rather not see that represent Dedham," he said.
Robert Aldous and Ralph Steeves of the Planning Board each agreed that Stop & Shop should not be included. With that seemingly in mind, committee member John Caruso said he would rather have the adult zoning committee send its recommendation to Town Meeting by a 5-1 vote rather than a 4-3 vote - so he took back his second of McGrail's motion.
McGrail amended his motion to include the seven parcels, minus Stop & Shop, and the committee took its 6-1 vote. Moulton - who has consistently been against placing the adult zone in the Stergis Way area - voted no.
MacDonald said the committee will likely meet again in the fall to review Dedham's adult use bylaw and consider some language changes.
Edward B. Colby can be reached at 781-433-8336 or ecolby@cnc.com.
