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31B-051 KAD 400M Arm-mounted Soft Square Cutoff Coefficient of Utilization Initial Footcandles KAD R2 Test no. 1193083101 KAD R3 Test no.1192040902 COEFFICIENT OF UTILIZATION COEFFICIENT OF UTILIZATION 0 .1 ,2 .3 .4 .5 .6 0 .1 .2 .3 .4 .5 .6 2 2 x x s s Z z 0 z 0 z 5 ° 5 ° 1 0 2.5 1 0 2. F 1 0.5 2 0.5 2 ° 0.2 z 0.25 ? 0.1 0.1 Z 3 3 tiN p O 4 4 0 1 2 3 4 5 6 0 1 2 3 4 5 6 40OW Metal Halide lamp,32,000 rated lumens, 40OW Metal Halide lamp,32,000 rated lumens, Footcandle values based on 30'mounting height, Footcandle values based on 30'mounting height, Distribution Type ll,cutoff. Distribution Type III,cutoff. KAD R4 Test no. 1191110101 KAD RMS Test no. 1192061101 KAD R5S Test no. 193111901 COEFFICIENT OF UTILIZATION COEFFICIENT OF UTILIZATION COEFFICIENT OF UTILIZATION 0 .1 .2 .3 .4 .5 .6 0 .1 .2 .3 .4 .5 .6 0 .1 .2 .3 .5 .6 -- - 2 2 2 x x x 1 g2 1 ° 1 ° x x x 0 0 P 0 z Z Z Z > > 5 5 1 5 1 2.5 1 2.5 ° 2.5 ° I ° ti 0.5 z z z 1 2 1 2 0.25 2 Z 0. Z 0.25 ? 0.1 Z 0.2 3 z 0. 3 z 3 Z 0.1 a ra N N_ 4 ° 4 ° 4 ° 0 1 2 3 4 5 6 0 1 2 3 4 5 6 0 1 2 3 4 5 6 40OW Metal Halide lamp,32,000 rated lumens, 40OW Metal Halide lamp,32,000 rated lumens, 40OW Metal Halide lamp,32,000 r tted lumens, Footcandle values based on 30'mounting height, Footcandle values based on 30'mounting height, Footcandle values based on 30'mounting height, Distribution Type IV,cutoff. Distribution Type IV,cutoff. Distribution Type V,cutoff. Electrical Characteristics Line current Primary Mounting Height Correction Factor Primary (Amps) dropout Input Power Regulation Wattage/ballast voltage Start/Operating voltage watts factor (%) Line V=Lamp lumens (Multiplythefc level bythe cor ectionfactor) 120 2.50/4.00 55 25 ft.=1.44 35 ft.=0.73 400CWA 208 1.45/2.30 95 Peak-lead 240 1.25/2.00 110 455 90+ 110% = 110% 40 ft.=.56 Autotransformer 277 1.10/1.75 125 480 .73/1.00 225 /Existing Mounting Height V_Correction Factor Tested to current IES and NEMA standards under stabilized laboratory conditions.Various operating factors can ` New Mounting Height / cause differences between laboratory data and actual field measurements.Dimensions and specifications on this sheet are based on the most current available data and are subject to change without notice. NIGHTTIME N NOTES: FRIENDLY Consistent with LEED`goals 1 Photometric data for other distributions can be accessed from www.lithonia.com. a Green Globes"criteria for light pollution reduction LIMMVIA L/GHT/NG® lithonia Li fhting Outdoor Anll�McuitvBrandsCompany One Lithonia Nay,Conyers,GA 30012 Phone:770-9,.2-9000 Fax:770-918-1209 Sheet#:KAD-M-S ©2007 Acuity Brands Lighting,Inc.,Rev.06/29/07 www.fthonia com IA L/nwaiv14 LA0"MVAAG Catalog Number Type FEATURES & SPECIFICATIONS Notes INTENDEDUSE O Ideal for parking areas,street lighting,walkways and car lots. • • CONSTRUCTION Rugged,die-cast,soft corner aluminum housing with 0.12"nominal wall thickness.Die-cast door ::oft Square Cutoff Lighting frame has impact-resistant, tempered,glass lens that is fully gasketed with one-piece tubular silicone. MD RNISH Standard finish is dark bronze(DDB)polyester powder finish,with other architectural colors Il available. OPTICALSYSTEM Anodized,aluminum hydroformed reflectors:IES full cutoff distributions R2(asymmetric),R3 (asymmetric),R4(forward throw)and R5S(square)are interchangeable.High-performance anodized,segmented aluminum reflectors IES full cutoff distributions SR2(asymmetric),SR3 METAL HALIDE (asymmetric)and SR4SC(forward throw,sharp cutoff).Segmented reflectors attach with 70W-40OW tool-less fasteners and are rotatable and interchangeable. HIGH PRESSURE SODIUM ELECTRICALSYSTEM Ballast:High reactance,high power factor for 70-150W.Constant wattage autotransformer 70W-40OW for 175-40OW.Metal halide 15OW and below are standard with pulse-start ignitor technology; Specifications 20'to 35' Mounting super CWA pulse-start ballast required for 2DOW,320W and 350W(SCWA option).Ballast is copper-wound and 100%factory-tested. EPA:1.2 ft.2 T Socket:Porcelain,horizontally oriented medium base socket for 70-15OW and mogul base *Weight:35.9 Ibs(16.28 kg) socketfor 175W and above,with copper alloy,nickel-plated screw shell and center contact. Length: 17-tJ2" 7(44.5 cm) (18.1 1118 8". UL listed 150OW,600V. LISTING Width: 17-1/2"(44.5 cm) __........_._._ -- �- UL Listed (standard). CSA Certified (see Optionsl. UL listed for 25°C ambient and wet Depth:7-1/8"(18.1 cm) — 4" locations.IP65 rated in accordance with standard IEC 529. *Weight as configured in (10.2 cm) (44.5 cm) Specifications subject to change without notice. example below. ORDERING INFORMATION For shortest lead times, configure product using standard options(shown in hold). Example:KAD 400M R3 TB SPD04 LPI KAD Series Wattage Voltage Mounting Ballast Options Lamp's KAD Metal Hiah 120 Type Length" (blank) Magnetic Shipped installed in fixture LPI Lamp halide pressure Y081 SPD_ Square 04 4"arm ballast SF Single fuse 120,277 347V14 included 70M 1,2,3 sodium' 2401 pole (B 6"arm CWI Constant CIF Double fuse 208,24),48014 L/LP Less ZOOM' 70S2 RPD_ Round wattage PD Power tray15 lamp 150M 277 pole 09 9"arm isolated 3 loos PER NEMA twist-lock rlcep- ,a t7511111 15OS2 347 WBD_ Wall 12 12"arm /�ukes� tacle only(no Finish 480 bracket �� . photocontrol) (blank) Dark 200M4 2505 TB8 WWD_Wood J (IRS Quartz restrike sys:am16 bronze 250M 4005 TBVe pole or SCWA CWAr QRSTD (IRS time delay 1016 DWH White 320M4 23050HZ1O wall pulse WTB Terminal wiring blcck15 DBL Black 35OM4 DAD12P Degree arm start HS House-side shield gppM5 (pole)12 ballast CSA CSA Certified DMB br nzem DADI2WB Degree arm Shipped se ar0 ately11 DNA Natural Distribution (wall)12 PE1 NEMA twist-lock Pl.020, aluminum 208,240V) Hydroformed reflectors WBA Decorative wall bracket12,11 PE3 NEMA twist-lock PI:(347V) R2 IES type II asymmetric' PE4 NEMA twist-lock Pt:(48OV) R3 IES type III asymmetric' KMA Mast arm PE7 NEMA twist-lock PE(277V) external fitter SC Shortening ca for PER R4 IES type IV forward g p throw, KTMB Twin mounting option R5S IES type V square bar VG Vandal guard Segmented reflectors 9 Optional five-tap ballast(120,208,240, W Wire guard SR2 IES type II asymmetric' 277,48OV). 10 Consult factory for available wattages. SR3 IES type III asymmetric' 11 9"arm is required when two or more SR4SC IES type IV forward throw luminaires are oriented on a 90° drilling pattern. NOTES: 12 Ships separately. Accessories 1 Not available with SCWA. 13 Available with SPD04 and SPD09. Order as separate catalog nt nber. 2 Not available with 480V, 14 Must specify voltage.N/A with TB. 3 Not available with TBV. 15 Only available with SR2,SR3,&SR4SC Tenon Mounting Slipfitter Number of fixtures 4 Must be ordered with SCWA. optics. Tenon O.D. One Two @180" Two @90° Thn:e @120" Three @90" Four @90° 5 Reduced jacket ED28 required for 16 Max allowable wattage lamp included. 2-3/8" T20-190 T20-280 T20-29020 T27-32020 T20-39020 T20-49020 SR2,SR3 and SR4SC optics. 17 May be ordered as an accessory. Y-7/8" T25-190 T25-280 T25-29020 T:1-320 T25-39020 T25-49020 6 House-side shield available. 18 See www.lithonia.com/archolors for 4" T35 190 T35 280 T35-29 020 T:15-320 T35-39020 T35-49020 7 Must specify CWI for use in Canada. additional color options. 8 Optional multi-tap ballast(120,208, 19 Must be specified. KADVG Vandal guard 240,277V;in Canada:120,277,347V1. 20 Must use RPD09 KADWG Wire guard Outdoor Sheet#:KAD-M-S AL-370 Lithonia Lighting-The best value in lighting Page 3 of 4 j Choice of round or square housing, post-top v mounting, flat lens, 1000 watt max. Rectangular housing, flat lens, low pressure sodium lamps, 1 or 2 90 watt lamps. KT1 A~ ,:� / Fully shrouded dusk-to-dawn fixture with J photocell.25OW MV max. TC ' f Four housing sizes with flat lens option,400 Y Watt max. flat lens CHE x Choice of round or square housing decorative post-tops,400 watt max. Choice of round or square housing decorative post-tops,400 watt max. KKK Square vertical lamp,2 housing sizes,drop lens, 1000 watt max. KV� http://www.lthonia.com/NightTimeFriendly/AreaLuminaires-printable.asp 11/1/2007 Lithonia Lighting -The best value in lighting Page 2 of 4 Contour KAD c- Square, die-cast housing,aesthetically pleasing " z tension rod,flat lens,400 watt max. SR4SC KAD7 Rectangular housing, improved optics for more V/ uniform coverage,3 housing sizes, flat lens, R4SC 'e 1000 watt max. JOE Crisp square housing, improved optics for more Y/ uniform coverage,flat lens, 2 housing sizes,400 R4SC watt max. KSE ,. Choice of round or square housing, vertical or SR43C horizontal lamp,flat or drop lens. flat lens Square housing, vertical or horizontal lamp, flat SR4SC flat lens lens, 1000 watt max. K Round housing, flat lens, 3 housing sizes, 1000 watt max. KAR i http:/Iwww.lithonia.con/NightTimeFriendly/AreaLuminaires-printable.asp 11/1/2007 Lithonia Lighting- The best value in lighting Pagel of 4 An%4aAY&&%_b Curroav Area Luminaires Pole mounted luminaires and their cutoff classifications Light Cutoff Solutions Trespass Solutions LUMINAIRE Sharp Cutoff (select luminaire to FULL Optical view catalog page) CUTOFF CUTOFF COMMENTS System J Architectural die-cast housing, dedicated optical platform, 2 housing sizes,flat lens, 400 watt RS 4$C max. Architectural die-cast housing,dedicated optical V platform, aesthetically pleasing tension rod,2 RS 4SC housing sizes, flat lens,400 watt max. Architectural die-cast housing, dedicated optical platform, aesthetically pleasing tension rod, 2 SR4SC VVV housing sizes,flat lens,400 watt max. Omero" MR Architectural die-cast housing, dedicated optical platform,aesthetically pleasing tension rod,2 SR4SC VVV housing sizes,flat lens,400 watt max. Omero' MRT Square housing, our most popular area SR4SC luminaire,flat lens, 400 watt max. http://www.lthonia.com/NightTimeFriendly/AreaLuminaires-printable.asp 11/1/2007 ..... tN �.. ...»_..,.::�{, -=t��_n..-_.�-:..,?!�ns.��_ ;W�:6 �n-- �;:�"�ir�3e:� _ it:�w .rte .�v s. �: I K ��,yr`.-^ �',�fs.:.�,cs_�s: .:•. �i;''='d Area Luminaires �� - - =`'.fin. ��- :s':�,�`�' �asw•,- - :�..iR��.�.� .:-..�..„,:' 1 a:a t_�`;x�.r.�.� -•� :nt'• -Y��.0 4SL +.=:..i - :4i . .-�•�.-i!a:.�S:s�.. _ =�Iax°�, e3ino :,T--..: 'jtny'ge;ec::-.n ....p•:_' c,.,....uiLse^ __,"5s° P c s. j•s '�. .... i tii'I=� -vx��ias:s_._I..�£ac-'. li.::- _-si.•t,.. v__""''°.�_ - ,�r_e-it."i ""- �V'c'� :i RTT� >_-�••;=- r::�s��-s :s �-.- ,:.{��:;; :�;s�r.,;�.�'_"--_.:r:��•.�� ~- - --.°�;��t• emu•-_ '•_:�'�'"-I�"'='=ice ii gzp �d'•- • �:.. " �a -: _... �.•�a~' 6C 115��`•: � ._ft R3ftl?--�;w�" F;�•i•:-'�.1 �:•��::::..° �,•��>,-:: . a==::" AS SR4SC ; X Internal dedicated optical platform,2 housing sizes,flat le ns,40OW aswmsr� Aeris de-cast housing, op' p ng max.Housastde shield available in SR2,SR3 and SR4W. W 1 AerisT"die-cast housing,dedicated optical platform,aesthetically pleasing tension rod AST SR4SC X Internal assembly,2 housing sizes,flat lens,40OW max.House-side shield availabl i in SR2.SR3 and SR4W. - 1 MR SR4SC X Internal Omero-die-cast housing,dedicated optical platform,2 housing sizes,flat lens,40OW max.House-side shield available in R2 and R3 only. 1 vmero•-rnertssr Zusntq,aemcmeo opnca:gavorm,aesnemcauy pieasm J renrxon roo MRT SR45C X Internal assembly,2 housing sizes,flat lens,40OW max.House-side shield availab a in R2 and R3 only. KAD SR4SC X Internal Square die-cast housing,flat lens,40OW max.House side shield available n R2.R3,R4, SR2 and SR3. KART SR4SC X Internal Square die-cast housing,aesthetically pleasing tension rod assembly,flat I:ns,40OW max.House-side shield available in R2,R3,R4,SR2 and SR3. KSF R4SC X Internal Rectangular housing,3 housing sizes,flat lens,1000W max.KSF1IKSF2:•wallable,in R2 and R3 only.KSF3:Available in R3 and R4 only. KSE l X Internal Crisp square housing,2 housing sizes,flat lens,40OW max.KSE House-si Ie shield 7 available in R2 and R3. KVR X External Choice of round or square housing,vertical or horizontal tamp,flat or drop'ins.House- _ shield available in ASY,ASYC only.R2,R3 shipped separately 2 KVF SR4SC X External Square vertical lamp,flat lens,1000W max.House-side shield compatible,vith any distribution.Optional Black house shield available. KAR :_ X Internal Round housing,3 housing sizes,flat lens,1000W max.House-side shield;ivailable in R3 and R4 only. KQS X Internal Choice of round or square housing,post-top mounting,flat lens,1000W m:x.House•side shield available in R3 only. KT N/A N/A one or two 80v r Rectangular housing•flat lens,low pressure sodium lamps, lamps. _ y TDC N/A N/A _ Fully shrouded dusk-to-dawn facture with photocell.250W MV max CHE N/A N/A Four bowing sizes with flat lens option,400W max. KKR _ X I ntemal Choice of round or square housing decorative post-tops,400W max.Hous:rside shield available in R3 and R4 only.SWIM KKS X Internal Choice of round or square housing decorative post-tops,400W max.Hous:-side shield available in R3 and R4 only. KVS X Internal Square vertical lamp,2 housing sizes,drop lens,1000 W max.House-side shield available in R3,R4 and R5 only. Notes: 1 May not most Nighttime Friendly-standards with HS option. 2 Will not meet Nighttme FriendlyT"standards with DL or EHS options_ Lithonia Lighting Ver 1.0_0806 KAD 400M Arm-mounted Soft Square Cutoff Ceefficientof Utilization Initial Footcandles KAD R2 Test no. 1193083101 KAD R3 Test no.1192040902 COEFFICIENT OF UTILIZATION COEFFICIENT OF UTILIZATION 0 .1 .2 3 .4 .5 .6 0 .1 .2 .3 .4 .5 .6 2 2 x � 1 f° 1 x � c� z z 0 z 0 i 1 c 2.5 1 0 2. 1 1 z 0.2 2 = 0.5 2 = O.t - 0.25 3 Z o.t 3 a ° o 4 J 4 0 1 2 3 4 5 6 0 1 2 3 4 5 6 40OW Matal Halide lamp,32,000 rated lumens, 40OW Metal Halide lamp,32,000 rated lumens, Footcandle values based on 30'mounting height, Footcandle values based on 30'mounting height, Distribution Type II,cutoff. Distribution Type III,cutoff. KAD R4 Test no. 1191110101 KAD RMS Test no. 1192061101 KAD R5S Test no. 1193"11901 COEFFICIENT OF UTIUZATI ON COEFFICIENT OF UTILIZATION COEFFICIENT OF UTILIZATION 0 .1 .2 .3 .4 .5 .6 0 .1 .2 .3 .4 .5 .6 0 .1 .2 .3 .4 .5 .6 2 2 2 �s I `x 1 ° = s 0 Z z z Z � 5 0 2.5 0.5 1 2 1 2 2 0.2 2 z z 0.! 0.2! w 0.1 02 3 z 0. 3 z 3 6. a X N y h 4 ° 4 4 0 0 1 2 3 4 5 6 0 1 2 3 4 5 6 0 1 2 3 4 5 6 40OW Metal Halide lamp,32.000 rated lumens, 40OW Metal Halide lamp,32,000 rated lumens, 40OW Metal Halide lamp,32,000 rated It mans, Footcandle values based on 30'mounting height, Footcandle values based on 30'mounting height, Footcandle values based an 30'moun ing height, Distribution Type IV,cutoff. Distribution Type IV,cutoff. Distribution Type V,cutoff. Electrical Characteristics Line current Primary Mounting Height Correction Facto- Primary {Amps) dropout Input Power Regulation Wattage/ballast voltage Start/Operating voltage watts factor(%) Line V=Lamp lumens (Multiply the fclevelby the correcticnfactor) 25 ft.-1.44 120 2-50/4.00 55 35 ft.-0.73 400CWA 208 1.45/2.30 95 40 ft.=.56 Peak-lead 240 1.25/200 110 455 90+ t10%=t10% Autotransformer 277 1.10/1.75 125 2 480 .73/1.00 225 /Existing Mounting Height l=Cc rrection Factor Tested to current IES and NEMA standards under stabilized laboratory conditions.Various operating factors can t New Mounting Height J cause differences between laboratory data and actual field measurements,Dimensions and specifications on this sheet are based on the most current available data and are subject to change without notice. NIGHTTIME NOTES: FRIENDLY Con)stem%vith LEER`goats 1 Photometric data for other distributions can be accessed from www.lithonia.com. a 3rean Grates-criteria for':ght poluttcn redut0on Ay.17,mvivIA ilawr//VG® LithoniaLightinI Outdoor finQ%wJtv8/'andlsCompany One Uthonia Way,C anyers,eA 30012 phone-770-922-900C Fa)c770-91 8-1209 Sheet 41 KAO-M-S 02007 Acuity Brands Lighting,Inc.,Rev.06/29/07 www.fithonia.com L/THO/V/A L/G"MV40" Catalog Number Notes Type FEATURES & SPECIFICATIONS INTENDEOUSE Ideal for parking areas,street lighting,walkways and car lots. coNSMCnON Rugged,die-cast,soft corner aluminum housing with 0.127 nominal wall thickness.Die-cast door Soft Square Cutoff Lighting frame has impact-resistant, tempered,glass lens that is fogy gasketed with one-piece tubular silicone. UD FINISH Standard finish is dark bronze(DOB)polyester powder finish,with other architectural colors available. OPTICALSYSTEM Anodized,aluminum hydroformad reflectors:IES full cutoff distributions R2(asymmetric),R3 (asymmetric),R4(forward throw)and R5S(square)are interchangeable.High-performance METAL HALIDE anodized,segmented aluminum reflectors IES full cutoff distributions SR2(asymmetric),SR3 (asymmetric)and SR4SC(forward throw,sharp cutoff).Segmented reflectors attach with 70W_40OW tool-loss fasteners and are rotatable and interchangeable. HWH PRESSURE SODIUM ELECTRICAL SYSTEM Ballast:High reactance,high power factor for 70-150W.Constant wattage autotransformer 70W-400W for 175-4DOW.Metal halide 15OW and below are standard with pulse-start ignitor technology; Specifications 20'to 35'Mounting super CWA pulse-start ballast required for 200W,321YW and 350W(SCWA option).Ballast is copper-wound and 100%factory-tested. EPA:1.2 fL2 T Socket:Porcelain,horizontally oriented medium base socket for 70-15OW and mogul base 'Weight 35.9 Ibs(16.28 kg) 7-1/8" socket for 175W and above,with copper alloy,nickel-plated screw shell and center contact. Length:17-1/2(44.5 cm) (18.1 cm) UL listed1500W,600V. LISTING Width:17-1/2(44.5 cm) UL Listed(standard),GSA Certified(see Options).UL listed for 25°C ambient and wet Depth:7-1/8"(18.1 cm) (�4„ 1 -11-1/2* locations.IP65 rated in accordance with standard IEC 529. "Weight as configured in (10.2 cm) (41.5 cm) Specifications subject to change without notice. example below. ORDERING INFORMATION For shortest lead times,configure product using standard ortions(shown in bold). Example:KAD 400M R3 TB SPD04 LPI KAD Series Wattage Voltage Mounting Ballast Options ] Lamp's KAD Mehl high 120 7y g Length” (blank)Magnetic Shipped installed in fixture LPI Lamp halide reg ssure 2081 SPD_ Square 04 4'arm ballast SF Single fuse 120,277,3471 t4 included 70MIA3 sodium' 2401 pole 09 Warm CWI Constant OF Double fuse 208,240,48(" LAP Less 100M' 7052 RPD_ Round wattage PD Power tray's lamp 150M3 IDOS 347 pole 9 92 arm isolated PER NEMA twist-lock recep- Finish"' t 150Sz WBD_ Wall tacle only{no 175M 4801 bracket photocontrol) (blank) Dark 200M4 250S TB8 WWD_Wood (IRS Quartz restrike system16 bronze 250M 4005 TBV9 pole or SCWA Super QRSTD (IRS time dalay'ate DWH White 320M4 23050HZ10 wall pulse WTB Terminal wiring block' DBL Black 350M4 DAD12P Degree arm start HS House-side shield DMB Medium 400M5 (pole)12 ballast CSA CSA Certified bronze DADI2WB Degree arm Shipped separately DNA Natural Distribution (wall)" PEI NEMA twist-lock PE 1120 aluminum 20B,24OV) Hydraformed reflectors WBA Decorative well PE3 NEMA twist-lock PE(347 J) R2 IES type II asymmetric" bracket'213 PE4 NEMA twist-lock PE(480 1) R3 IES type III asymmetric" KMA Mast arm PE7 NEMA twist-lock PE(277 J) Wr R4 IESty aIVforward external fitter SC Shortening cap for PER / throb) KTMB Twin mounting option 135S IES type V square bar VG Vandal guard Segmented reflectors 9 Optional five-tap ballast(120,208,240, WO Wire guard SR2 IES type If asymmetric" 10 Consult factory for available wattages. SR3 IES type III asymmetric" 11 9-arm is required when two ormore SR4SC IES type IV forward throw luminaires are oriented on a 90` drilling pattern. NOTES: 12 Ships separately. Accessories 1 Not available with SCWA. 13 Available with SPD04 and SPDO9. Order as separate catalog number. 2 Not available with 48OV. 14 Must specify voltage.NIA with TB. Tenon Mounting Sliplitter Number of natures 3 Not available with TBV. 15 Only available with 8 R2,SRS,&SR4SC 4 M ust be orde red with SCWA. optics. Tenon O.D. One Two®180° Two4490° Three®1::0° Three@90° Four4319D° 5 Reduced jacket E028 required for 16 Max allowable wattage lamp included. 2-3/8" T20-190 T20-280 T20-29020 T20-320:0 T20-39020 T20-49020 SR2,SR3 and SR4SC optics. 17 May be ordered as an accessory. 2-7/8" T25-190 T25-280 T25-29020 T25-32( T25-39021 T25-49020 6 House-side shield available. III See www.lithonia.com/archolors for 4" T35-190 T35-280 T35-290- T35-32( T35 3902° T35-49020 7 Must specify CWI for use in Canada, additional color options. KAOVG Vandal guard 8 Optional multi-tap ballast(120,208, 19 Must be specified. 240,277V;in Canada;120,277,347V). 20 Must useRPD09 KADWG Wire guard Outdoor Sheet# KE D-M-S AL-370 oweis.uumem�.r� SYSTEMSI INIC - 600 North Mountain Rd.,Newington,CT. 06111. Tel:860-666-1548/Fax:860-666-814, To: Mr. Nota - r From: Don Armour Subject: Site Lighting Dear Mr. Nota I have included the data to confirm the product by Lithonia lighting for your application is Nighttime Friendly. I have attached data sheets indicating other information about "sharp cut off' and "Nighttime Friendly" criteria that your application conforms to. PIease call if you need any other information. Thanks Don Armour A (3) C> 61 G W O 07 n a ~ o C + �+ -+ -� O T! 41 ? V CT (A -+ V A '1 CD 0 0 �+ - 1+ + p = 4 V 1 a s bD m Go p N N o C 0 0+ * o z r 1 cn M in V o lU tJ �l C I�7 + in v ip o o io V r--V m;U Ga D�Xm cn—n> [n ;u r 0 0 0 0 0+ o+ o y 2 3 � A l7V M w bo oD m Z.-q Xm� c_ -n to z mO O+ O+ o+ O+ O O _ A (7t W G) n W ff 2 07 r x O�Z x y o+ o+ o N ha m to V A CD O) V V a) W Zmo -4 co D r D it 0 o aD o D 0 g 0 n OM> 0 6+ n*1 bo V V N N+ O bo bo O N r Li o O+ i p ao ? C� L7 CT • cfl c Q CD �C- C7 i v 1 I r__ SEP 1 8 208 FF{ �f oPO �a AZ r Or - z s 1 , eel s hf= D pl ti 0:2 ! ul G9� a H °. 4 v W u] J OF- Li 'r o ,SFr 'n b w z ova r �0 LL- IM Page 4 of 4 40A, Section 11. A special permit issued under this Chapter shall lapse upon any one of the following occurrences: (a) A change in the location of the Adult Enterprise; (b) A sale, transfer or assignment of the business or the license; (c) Any change in ownership or management of the applicant; (d) Failure to begin a permitted Adult Enterprise within two years of the granting of such permit, except for "good cause," such as the time necessary to await a court appeal to establish an Adult Enterprise. In addition, an Adult Enterprise's permit may be suspended or revoked upon a finding of- (a) Violation of any of the provisions of this chapter; (b) Violation of other health and safety regulations applicable to such businesses; (c) Any illegal activity on the premises. Part 7. SEVERABILITY/SAVINGS CLAUSE If any section, phrase, sentence or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion is deemed a separate, distinct and independent provision, and such holding does not affect the validity of the remaining sections, clauses, provisions, or portions of this Chapter. 8/7/2006 Page 3 of 4 distances from the following: the property line of any parcel currently used for a single- or multi- family dwelling, house of worship, school, day care facility, public playground, park, recreational facility, adult book store, adult motion picture theatre, adult paraphernalia store, adult video store, or establishment which displays live nudity for its patrons. (e) The names and addresses of all abutters, and abutters of abutters up to 1,000 feet, as they appear upon the most recent tax list. (f) A site plan prepared in accordance with the Northampton Zoning Ordinance and Planning Board regulations. Part 6. CRITERIA FOR EVALUATION No Special Permit may be granted by the Office of Planning and Development for an Adult Enterprise unless the following conditions are satisfied: (a) Applicant Conditions: The applicant, or anyone regularly employed on the premises,must not be a person convicted of contributing to the delinquency of a minor as defined in Mass. Gen. L. Chapter 119, Section 63, or any sex offense as defined in Mass. Gen. L. Chapter 272, including but not limited to prostitution, obscenity, child pornography, sexual performance by a child, public lewdness, indecent exposure, sexual assault, and solicitation for sex. (b) Location Conditions: If the proposed use is an Adult Motion Picture Theatre or an Adult Entertainment Establishment, the parcel on which the adult use is proposed must be located more than 500 feet from the property line of any parcel currently used for a single- or multi-family dwelling, house of worship, school, day care facility, public playground, park, recreational facility, adult book store, adult motion picture theatre, adult paraphernalia store, adult video store, or establishment which displays live nudity for its patrons. The 500 feet shall be measured from all property lines of the proposed use. (c) Display Conditions: No signs, graphics, pictures, publications, videotapes, CDs, DVDs, movies, covers, merchandise or other implements, items or advertising, depicting, describing or relating to sexual conduct or sexual excitement as defined in Mass. Gen. L. Chapter 272, Section 31 shall be displayed in the windows of, or on the building of, any Adult Enterprise, or be visible to the public from the pedestrian sidewalks or walkways or from other areas outside such establishments.All building openings, entries, and windows shall be screened in such a manner as to prevent visual access of the public to the interior of the Adult Enterprise. (d) Minors: No Adult Enterprise shall be allowed to disseminate adult matter to minors, cause or allow Adult Enterprise displays to be viewed by minors, or allow minors to linger on the premises. Part 6. EXPIRATION OF PERMIT No special permit for adult uses may be issued for a period in excess of one year. The duration of the special permit shall begin on the effective date of the special permit as defined by Mass. Gen. L. Chapter 8/7/2006 Page 2 of 4 Section 31; (d) Adult Video Store: an establishment which has as more than twenty-five percent (25%) of its gross floor area, or a substantial or significant portion of its stock-in-trade, videos, movies or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Mass. Gen. L. Chapter 272, Section 31; (e) Adult Entertainment Establishment: an establishment which displays entertainment which is distinguished or characterized by its emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Mass. Gen. L. Chapter 272, Section 31, including entertainment which features nude dancing, strippers or similar performers. "Viewing booth" means and includes any booth, cubicle, room or stall within the premises of an Adult Enterprise used to view or display any adult-oriented materials, including but not limited to films, movies, photographs,books,magazines, slides, periodicals or other printed matter, DVD's, videocassettes or reproductions of any kind, or for the use of any devices or paraphernalia which are designed for or used in connection with specified sexual activities as defined in Mass. Gen. L. Chapter 272, Section 31. "Common area" means any room, rooms, hallways, passageways, or other areas accessible to patrons and customers within the Adult Enterprise. "Operator" means any person, partnership, company, corporation or other entity operating, conducting or maintaining an Adult Enterprise. Part 3. APPLICABILITY This Chapter applies to all Adult Enterprises, as defined in Part 2 above. Any existing Adult Enterprise shall apply for an Adult Entertainment Special Permit, pursuant to Mass. Gen. L. Chapter 40A, Section 9A, and other applicable law, within 90 days of the effective date of this Chapter. Part 4. SPECIAL PERMIT REQUIRED Except as otherwise provided in this chapter, no Adult Enterprise shall be established or maintained in the City of Northampton unless the Planning Board grants a special permit for adult uses to the owner or operator of such business. Procedures for issuing special permits are set forth in Section 10 of the Northampton Zoning Ordinance. Part 5. INFORMATION REQUIRED Each application for a special permit for adult uses shall be submitted in accordance with the provisions of Section 10 of the Northampton Zoning Ordinance and Mass. Gen. L. Chapter 40A, Section 9A, and shall include the following information and supporting documentation: (a) The legal name and address of the owner of the parcel on which the business will be established. (b) The legal name and address of the applicant for the special permit for adult uses. (c) Adequate evidence of the applicant's ownership or authority to use the premises for the purposes to be allowed by the special permit for adult uses. (d) A detailed property line plan, prepared by a Massachusetts Registered Land Surveyor, showing the location of the parcel for which the adult use is proposed and that parcel's precise 8/7/2006 Page 1 of 4 Anthony Patillo From: apatillo [apatillo @comcast.net] Sent: Sunday, August 06, 2006 7:01 PM To: Anthony Patillo Cc: Carolyn Misch; Karen Be]lava nce-Grace Subject: NPN draft ordinance FYI Tony part 1. PURPOSE AND INTENT It is the purpose and intent of this Chapter of the Northampton Zoning Ordinance to address and mitigate the secondary effects of Adult Enterprises and sexually oriented businesses as referenced and defined below. Such secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the City, all of which secondary impacts are adverse to the health, safety, and general welfare of the City of Northampton and its inhabitants. The provisions of this Chapter of the Northampton Zoning Ordinance have neither the purpose nor the intent of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this Chapter of the Northampton Zoning Ordinance to deny access by adults to Adult Enterprises and to sexually oriented matter or materials protected by the Constitutions of the United States of America and of the Commonwealth of Massachusetts, nor restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute, or exhibit such matter or materials. Neither is it the purpose or intent of this Chapter of the Northampton Zoning Ordinance to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials. Part 2. DEFINITIONS Except as specifically defined herein, the words and phrases used in this Ordinance carry their customary dictionary meanings unless clearly indicated by the text. "Adult Enterprise" is defined to include the following uses: (a) Adult Bookstore: an establishment which has as more than twenty-five percent (25%) of its gross floor area, or a substantial or significant portion of its stock-in-trade,books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Mass. Gen. L. Chapter 272, Section 31; (b) Adult Motion Picture Theatre: a building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in Mass. Gen. L. Chapter 272, Section 31; (c) Adult Paraphernalia Store: an establishment which has as more than twenty-five percent (25%) of its gross floor area, or a substantial or significant portion of its stock-in-trade, devices, objects,tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in Mass. Gen. L. Chapter 272, 8/7/2006 CAL The Republican� S A T U R D A Y , A 0 0 0 S T 5 , S 0. 0 6 • Porn Revised Plan rplan-steed p _ Continued from Page B1. ororn store doped viewing booths, --but p wants_toJnov_exactLy_what-the___ - store would offer and how it By FRED CONTRADA Video has a similar store,to talk, would be run. fcontrada@repub.com with local officials there about "It's still not the kind of busi- NORTHAMPTON - Capital its impact on the community. ness we think is appropriate for P Health officials in Kittery that location,"she said. Video Corp. has submitted a found body fluids and other Among the zoning require new application for a building health hazards inside the boot- permit to create an adult- ;according to Cofien and Reit- ments proposed by NoPornNor- themed store on King Street er. Kittery enacted a zoning zone bet area 1,000-foot buffer without the private viewing zone between adult businesses P g ordinance requiring the store to an d___residences, churches, booths that have raised con- remove doors from viewing schools and human service terns among some residents. booths. , - Building Commissioner An- Patillo did not grant Capital la encies. It al prev to minors L.Patillo said Capital Vid- Video's original request fora from entering the remises.' eo filed the new application on building permit because, he g P Thursday.He is reviewing it. said, the company first needed Ward 6 City Councilor Mari- "It's the same application with_ to___obtain additional permits anne L. LaBarge said she is plans not showing the viewing from the Planning Board. pleased that Capital Video is booths,"he said yesterday. Senior Land Use Planner Car- doing away with the viewing The Rhode Island-based com- olyn S.Misch said Capital Video booths.LaBarge-said-she-would-- pany operates several stores in probably needs to apply for a be receptive to a zoning-ordi the region that sell sexually ex- special permit because the store nance_similar to_the:one_regard:_ plicit books, videos and DVDs. requires more parking`spaces ing live adult entertainment that Its original application, filed in than the Kia dealership had. calls for a 500-foot buffer zone June, called for private viewing "They need to submit a sur- from homes and schools. booths where customers could veyed site plan showing the ac At a meeting organized by watch pornography. tual dimensions of the back lot," N o P o r n N o rt h a mp t o n on Adam Cohen and Jendi Reit- she said. Wednesday, some merchants er,who live on North Street near Capital Video also would and residents said they.were the former Kia dealership at 135 have needed to obtain an enter- concerned that the Drowsed King St. where Capital Video tainment license from the mayor I zoning changes con Id-affe_c t--es__ wants to operate, formed a to have coin-operated booths. tablished businesses such as group called NoPornNorthamp- Now that viewing booths have Ii pride and Joy,which caters to a ton.They are demanding zoning been eliminated from the plans; clientele, ' and Gazebo, changes that would restrict Patillo said, he is not certain gay - 'adult-themed businesses in whether the company would j which sells sex toys. Northampton. need an entertainment license. goo One of the group's main con- —Reiter said yesterday that she terns was the viewing booths. is glad Capital Video has aban- Cohen and Reiter traveled to Kittery, Maine, where Capital Please see Pom,Page 62 -1 Permit. F. CONDITIONS OF APPROVAL. A Special Permit issued under this ordinance shall lapse upon any one of the following occurrences: (1) There is a change in the location of the adult use; (2) There is a sale, transfer or assignment of the business or the license; (3) There is any change in ownership or management of the applicant; or (4) Failure to begin a permitted Adult Entertainment Establishment within two years of the granting of such permit, except for "good cause" , including the time necessary to await a court appeal to establish an Adult Entertainment Establishment. G. NON-CONFORMING PRE-EXISTING USES. Any adult entertainment establishment shall be allowed to continue to operate in its present location unless there is a change in type and intensity of use. 7-4 (b) Sign content shall identify the name of the establishment only and shall contain no advertisement in addition to the identification of the use. Only one identification sign to be mounted on the building wall face shall be allowed for an adult use. All other signs whether on the exterior of the building or visible from the exterior of the building are prohibited. (c) No adult entertainment establishment may have any flashing lights visible from outside the establishment. Furthermore, no sign shall rotate, or contain reflective or fluorescent elements. (5) Screening: All building openings, entries, and windows shall be screened in such a manner as to prevent visual access of the public to the interior of the Adult Entertainment Establishment. A five (5) foot high solid fence or a landscaped buffer of evergreen trees or shrubs five (5) foot high at the time of planting shall be provided and maintained along the side and rear property lines. The special permit granting authority if deemed necessary may require additional screening. (6) Minors. No Adult Entertainment Establishment shall be allowed to disseminate adult matter to minors, cause Adult Entertainment Establishment displays to be viewed by minors, or allow minors to linger on the premises. (7) Applicant Conditions: No adult use special permit shall be issued to any person, corporation, officer, director, general partner convicted of violating the provisions of M.G.L. c.119, S. 63 or M.G.L. c. 272, S. 2, 3, 4, 4A, 6, 7, 8, 12, 13, 28 and M.G.L c. 265 S. 13B, 13F, 13H, 22, 22A, 23, 24, and 24B including but not limited to crimes of indecency, assault and battery, crimes against women and/or children, crimes of sexual exploitation, and felony possession of narcotics. If any person so identified is found to be convicted of violating any statutes, such special permit shall immediately null and void. (8) Parking: Parking for Adult Entertainment Establishments shall be provided only in front and side yard areas. All parking areas shall be illuminated and such lighting shall be contained within the subject property lines. (9) Approvals and Conditions: The special permit granting authority may impose additional conditions if in its judgment such conditions are needed to insure compatibility with the surrounding area. (10) Expiration of Permit. Any adult use special permit granted shall expire after a period of 2 calendar years from its date of issuance and shall be automatically renewable for successive 2 year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority prior to the expiration of the then-existing two year period, subject to the request being noticed as specified in MGL Chapter 40A, Section 9. Said notice shall state that the renewal request will be granted unless, prior to the expiration of the then existing permit, a written objection from any individual or entity which raise valid and substantiated secondary effect concerns considered by the Pittsfield City Council in drafting this ordinance and/or violations of this ordinance is received by the Zoning Board of Appeals. In the event of such an objection, a public hearing on the renewal shall be held in accordance with MGL Chapter 40A, Section 9. The existing Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Zoning Board of Appeals either granting or denying the Special Permit renewal, in accordance with the provisions of Section 30.2.11.8. In granting any such renewal, the Zoning Board of Appeals may impose additional conditions, including, without limiting the foregoing, time limits to correct violations, hours of operations and additional screening, upon which a specified lapse of time without correction or compliance shall result in a revocation of the Special 7-3 r 3 . Proposed security precautions. 4 . The external and internal physical layout of the premises. S. Full description of the intended nature of the business 6. A sworn statement must be provided stating that neither the applicant, nor the manager, in the Adult use business has been convicted of violating the provisions of M.G.L. c.119, S. 63 or M.G.L. c. 272, S. 2, 3, 4, 4A, 6, 7, 8, 12, 13, 28 and M.G.L c. 265 S. 13B, 13F, 13H, 22, 22A, 23, 24, and 24B, including but not limited to crimes of indecency, assault and battery, crimes against women and/or children, crimes of sexual exploitation, and felony possession of narcotics. E. SPECIAL PERMIT STANDARDS FOR ADULT ENTERTAINMENT. No Special Permit may be granted by the Zoning Board of Appeals for an Adult Entertainment Establishment unless the following conditions are satisfied: (1) Location Conditions: No Adult Entertainment Establishment may be located outside of an Adult Entertainment Zone, as listed in the Section 7.847 and Chapter 23, Article 23-4, Section 4.202, Table of Principle Permitted Uses, and less than 400 feet from a residential zoning district, school, library, church or other religious use, home and/or center-based child care facility as defined by G.L. c. 28A, section 9, park, playground, recreational areas, any youth facility, any establishment licensed under the provisions of Massachusetts General Law Chapter 138, Section 12, or another Adult Entertainment Establishment. The 400 feet shall be measured from all property lines of the proposed use. (2) Separation of Uses. No more than one adult use, as defined in Section I, shall be allowed to operate within the same building, structure or portion thereof. (3) Building Design: (a) The building shall be so modified or designed so that all doors, windows and other openings shall be located, covered and/or screened in such a manner as to prevent a view into the interior from the outside. (b) Sound produced by music, loudspeaker or patrons shall not be discernable by the public beyond the walls of the premises. (c) All entrances shall be clearly marked with a notice prohibiting minors from entering the premises. (d) If the adult oriented business allows for the showing of films and videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors, or screens. All booths must be able to be clearly seen from the center of the establishment. (4) Display Conditions: (a) No signs, graphics, pictures, publications, videotapes, movies, covers, merchandise or other implements, items or advertising, depicting, describing or relating to sexual conduct or sexual excitement as defined in Massachusetts General Law Chapter 272, Section 31 shall be displayed in the windows of, or on the building of, any Adult Entertainment. Establishment, or be visible to the public from the pedestrian sidewalks or walkways or from other areas outside such establishments. 7-2 e SECTION 7.847 - ADULT ENTERTAINMENT ESTABLISHMENTS. [Added 10-26-2004 by Ord. No. 936] A. Purpose: The purpose of this section is to allow Adult Entertainment Establishments in an IL zone. It has been documented in numerous other towns and cities throughout the Commonwealth of Massachusetts and elsewhere in the United States that Adult Entertainment Establishments are distinguishable from other business uses and that the location of adult entertainment uses degrades the quality of life in the areas of a community where they are located. Studies have shown secondary impacts such as increased levels of crime, decreased tax base, and blight resulting from the clustering and concentration of adult entertainment uses. Late night noise and traffic also increase due to the late hours of operation of many of these establishments and the Massachusetts Home Rule Amendment with the purpose and intent of regulating and limiting the location of Adult Entertainment Establishments (as defined herein) so as to prevent the secondary effects associated with these establishments, and to protect the health, safety, and welfare of the present and future inhabitants of the City of Pittsfield. This Ordinance is enacted pursuant to Massachusetts General Law Chapter 40A, Section 9A. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the intent or effect of this Ordinance to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor restrict nor deny rights that distributors or exhibitors of such matter or materials may have to sell, distribute, or exhibit such matter or materials. Nor is it the intent or effect of this Ordinance to legalize the distribution of obscene matter or materials. B. Special Permit Uses The following uses, known as Adult Entertainment Establishments, shall require a Special Permit: (1) Adult Book Store (2) Adult Video Store (3) Adult Paraphernalia Store (4) Adult Motion Picture Theater (5) Adult Live Entertainment Establishment C. Special Permit Granting Authority: For the purpose of this section, the Special Permit Granting Authority is designated to be the Zoning Board of Appeals. D. Requirements: Special Permit applications for approval under this ordinance shall contain the following additional information: 1. Name and address of the legal owners of the Establishment and the property, as well as the manager of the proposed Establishment. 2. The total number of employees and/or independent contractors. 7-1 07110/2006 03:17 4135865661 TOWN OF HADLEY notno in ,granting a special permit, the Zoning Board of Appeals may impose additional conditions,safeguards and limitations on the permit including but not limited to additional buffer zones,.or screening,. C. Expiration Any adult entertainment use special permit granted shall expire after a period of two calendar years from its date of issuance and&Ml be,automatically renewable for successive two year periods thereafter,prmided that a written request for such renewal is made to the special permit granting authority prior Lu said expiration and that no objection to said renewal is made and sustained by ft special permit granting authority based upon the public;safety factors applied at the tune that the original.special permit was granted- D. Pre-EAsdng Adult 3n1= iwucnt Uses Any existing adult entertainment use shall apply for a special permit from the Zoning Dowd of Appeals within 90 days following the w1option of this bylaw,with the exception of those existing establisbments that meet the criteria of Section 5.1, F SEvERA. IuY7 The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason,the remaining provisions shall remain'in full ford and effect_ JOSEPHZGRODNIK SANMS MAKSW SKI LISA SANDERSON WILLIAM D 'ER JOHN DEVINE Muted& updated 5/23/05 as of 5/23/05, the latest (Amended 51s/2oo5) amendments were adopted by Town Mwti ng but not yet approved by the Attomey General -62- SC�4/�945 071101'2006 03:17 4135865661 TOWN OF HADLEY PAGE 04/05 A, PLIC427ONPrroc.muRysAAw Suamr,(rTAL,iZCgUMEVuV ' A. Applications for a special permit under this section shall comply with the requirements Of the Special permit and Site Flan Approval,Sections VHM and Section VMOC- of this Bylaw. In addition to the submittal requirements of Sections VIU D and VME, the special permit application and site plan shall include the following information: . 1. The name and adder of the legal owner of the establishment,the legal owner of the property,and the manager of the proposed establishment_' 2. The distances beiwmm the proposed adult entertainment use and the Property line of all uses listed in Section 5.1 of this provision. B. A special permit hearing shall be within twenty one(2 1)days after acceptance by the town clerk and a decision rendered within twenty one(2 1)days thy. E. CRITERLA FOR.APPR4VAL A. The Zoning Board of Appeals shall issue a special permit or an Adult Entertainment Use if the following minimum criteria are met_ 1. Adult Entertainment Uses shall,not be located wi.tbin: a. 200 feet from any residence b. 200 feet from any public or private school., state approved childeare facility, or nursery school. e. 200 feet from any church or other facility used for religious purf;oses. d. 200 feet from any Olayground e. 200 feet from any other adult entcrtainmen[ use with The Commercial Ehstrict. f 200 feet Rom any establishment licensed under M.G.L_ c138,512. 2. Ali adult entertainment uses shalj be required to operate during tho same time period of businesses as set forth by the Town,for all liquor license establishments. 3. All building openings, entries and windows shall be screened in such a mfr as entries and-windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public. 4. No adult entertainment use shall be allowed to display any advertisement, sign, placard or other matter or visual material containing or depicting nudity,sexual conduct or sexual excitement. 5. No adult entertainment use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suer n unors to view displays or linger on the premises- . 6. Any special permit granted for an adult enterminment use shall be personal to the applicant,shall not run with the land and shall expire upon expiration of the applicant's lease or upon sale or transfer of the subject's propergy usiness. 7. Any adult entertainroem use granted a special permit shall comply with all other Town Bylaws and all statutes of the Commonwealth of Massachusetts regarding public nuisances, sexual conduct, Iewdness, obscene or harmful matter or the exhibition or public display thereof.MGL cl 19 S63 c272S29. B. Conditions, Safeguards,Limitations for Adult Entertainment Uses. -61- 5t24/2005 07/10/2006 83:17 4135865661 TOWN OF HADLEY YAUt • i 2. Adult Cabaret: A nightclub,burr restaumnt,tavern,dance hall,similar � ommerciall establishment which features` { a, peTsons who appear in a state of nudity}or � b. live perfotxnances which are characterized by an empbasis on human i depicting auatDmical areas specified as less than completely attd opaquely covered human genitals, pubic region,butt ek and female � breast below a point immediately above the top of the ueoia,andIuman genitals in a state of sexual arousal,or relating to sexual Conduct of sexual excitement;or c_ motion pictures, films, video cassettes, cable television, slides,.DVDs or other photographic reproductions,which lue characterized by the depiction or description of anatomical auras, specified as above, or relating to sexual conduct or sexual excitemeM 1. .Adult Mudun picture Theater: An enclosed building or outdoor venue used for public uses, for presenting substantial or significant portion.of material (motion piutems, films, cassettes, cable television, slides,DVUs or any other such visual or electronic media) digmipshed by an emphasis on mutter d%no-u n, describing,or relating to sexual conduct or sexW excitement. 4. Adult Paraphernalia Store: An establishment having as a substantial or significant portion of its stock in devices, objects, tools, tnYs,*Dr electronic media: which axe distinguished or characterized by their association with sexual activity, including sexual intracourse,sexual conduct or sexual excitement. 5. Adult Video Store. An establishment having a substantial or significant portion of its stomp in trade(foe-Salo or rent)mmetion pictures,films,videocassettes,D'VDs and other film Material or similar audiuMsual and electronic media wtuch are distinguished or chnrracterized by their emphasis depicttrtg, describing.or relating to sexual conduct or sexual excitement. G. Lstablishments Which Display Lave Nudity for its Patrons: Au establislunent which provides live entertainrment for its patrons,that int ludes parsons in the state of nudity; or live performances which are characterized by an emphasis on depicting anatomical areas specified as less thw completely and opaquely covered human genitals,public region,buttock and female bmast below a poit t immediately above the top of the arcula,and human vitals in a state of sexual arousal,or relating to sexual conduct or sexual excitement. C. The following terms shall be defined as stated in G-L.c27z s31: i. Nudity 4. Matter 2. 3"W Conduct 5. visual Material. 3. Saxusl excitement Adult E#xtertainment Uses shall be allowed xrt the Industrial foiled District with The Brag of a Special Permit by the Zoning Board of Appeals. -60- 5t24=05 07/1012006 03:17 4135865661 TOWN OF HADLEY Clz!GZI Offi x-and/or the Board of Health. An aggrieved party may take an appeal to the Board of Appeals. (2) The special permit shall lapse two(2)years froin the grant thereof if a subst=tial use thereof has not sooner commenced,or having commenced has been suspended for a period exceedtng two(2)years, except for good cause determined by the SPGA after a public hearing. (3) The Planning Board shall conduct a.review of this bylaw after the fourth and before the fifth anniversary of its passage at an advertised public meeting in order to assess the bylaw. The Planning Board shall make recommendations to the Town for any changes needed in the . bylaw structure or process. SECTION XMV ADULT ENTERTAINMENT USES (ADOPn MAY 6,2004) A. PURPOSE AND INMT The purpose of this bylaw is to establish reasonable and uniform.regulation of adult entertainment uses within the Town of Hadley. The intent of the bylaw is to address and mitigate the negative secondary effect of adult entertainment rises. Studi% nave documented that the quality of life in a community is degraded by adult entertaimnent establishments as a result of increased levels of crime; depreciation of property values; adverse impacts on the business climate;adverse impacts on neighborhood cbaraacter;and adverse impacts on public health including noise, litter, unsanitary conditions,traffic and adverse influence on children- The provisions of this bylaw have neither the purpose nor the effect of imposing limitation or restriction on the content of any communicative materials;and it is not the int=t nor effect of this bylaw to restrict or deny access by adults to sexually Oriented materials protmcd by the Fir-.t Ameudnient,or to deny access by the distributors and exhibitors of adult entertainment to their intended market It is neither the intent not the effect of this bylaw to condone or Iegitimize the distribution of obscene or other illegal matter or materials. A DEFINITIONS A. Substantial or Significant Stock For purposes herein,"substantial or significant portion of stock"shall,mean an amount of stock in trade or sales or books,magazines,vidoos,peep show booths or other visual or audio material which is greater than 101%of the entire stock or sales. B. Adult Entertaft=ent Uses shall include the following uses- 1. Adult j$ookstore: An establishment having as a sutwantial or sipificant portion of its stock in trade,boob,magazines,periodicals,pictures and other matter which are distinguished or characterized by their emphasis dcpictM& d8WnbUM_,or relating to sexual conduct or sexual excitement_ � 9_ Sf?Alo03 07/10/2006 03:17 14135865661 TOWN OF 4IADLEY PAGE 01/05 µ DEPARTMENT OF BTU1%��I G� ��'��'z+C Is TOWN ItALLL- 1001A DDLE TR0� LEY, MA,SSAC SETTS tli:fl (413) 586-7274 • FAX 586-5661 FAX hate:_ itla ` wi` Number of Pages including Cover Sheet TO- . r FROM: Timothy Nevhart,lusnector of Buildiau�sfZonxns�En�or e._Meat Officer Town of HaMey (413)586-7274 FAX 586-5661 Remarks: ZF,Y.X: � Urgent: For Your Review&Comment:` Repiy. ASAP: SUBJECT: orl ze 2k eh aLcdfll� condoms and other hazardous trash on their property. NoPomNorthampton has set up a weblog at NoPorn Northampton.org to collect and share information about porn shops,their regulation,and Capital Video Corporation.We encourage the city of Northampton to regulate sexually oriented businesses and keep them away from homes,schools,churches and other vulnerable populations.We support frequent government inspections for health and safety and a ban on Neiahbors:Saint Valentine's Church private viewing booths. The proposed porn shop will be plainly visible from the front steps of Saint "Northampton has long been a refuge for people who care about women's equality,human dignity and the Valentine's Church.Other houses of arts,"says Jendi Reiter."Porn shops hurt neighborhoods with crime,violence against women,and sexual worship Uploaded: also nearby' addiction that breaks u families.Our town can do better." Uploaded:Jul4,2006 p File Name:StV alentine t 98.109 t This press release contains assertions and opinions,including quotations,from numerous sources.We are not verifying the content of this material.But we are verifying that,to the best of our knowledge and belief, the material is accurately reproduced and that it is attributable as indicated. y � i Traekback URL:http://prweb.com/pingpr.php/U2luZylUaGlyLUlhZ24tUGInZylJbnNILVplcm8= kenneth quarino northampton sexually oriented business nopornnorthampton Neighbors:A counseling center and a LO Tec{.�1,^{ora}`i anti porn adult entertainment capital video corporation porn shop amazing.net school door to dance proposed porn shop are viewing booths vulnerable populations,such as this school of dance and a mental health Bookmark- Del.icio.us I DIQg I Furl It I Spur!I RawSugar I Sj m Shadows I Blink It I My Web counseling center. Uploaded:Jul 4.2006 File Name:ServiceNetl%imi nopornnorthampton kenneth quarino pom shop anti porn northampton arnazing.net adult entertainment sexually oriented business viewing booths capital video corporation z. ' Historic Downtown Northampton It Historic downtown Northampton attracts i tourists to its many shops,restaurants and performances.Northampton is home to Smith College,the nation's largest liberal arts college for women. Uploaded:Jul 4,2006 Fib Name:Downtown NOrtharnptOn2198,jpa i NoPorn Norl�ha mp�on Site of Prospective Porn Shop Capital Video Corporation proposes to locate a porn shop with private viewing booths at 138 King Street,near historic downtown Northampton,Mass. Uploaded:Jul 4,2006 Porn Shop Building Permit Denied File Name:ProspectivePomShogSite ipg Welcome City Requires Further Review for If you have any questions regarding information in these press releases please contact the company listed in the press release.Please do not contact PRWeb.We will be unable to assist you YAM your inquiry.PRWeb disclaims any content contained in these releases.Our complete disclaimer appears here. Disciaimer.If you have any questions regarding information in these press releases please contact the company listed In the press release. Please do not contact PRWeb®.We will be unable to assist you with your Inquiry. PR Web®disclaims any content contained In these releases.Our complete disclaimer appears here. ®Copyright 1997-2006,PRWeb&.PRWeb is a registered trademark of PRWeb International,Inc. 2 of 3 7!612006 6:09 PM NoPomNorthampton Fights Porn King's Plans for Northampton,Ma... http://www.prweb.com/releases/northampton/nopom/prweb407425.htm PRWeb PRESS RELEASE N E W S W I R E 2006-07-06 Home About Submit Press Release PR Firms Editors/Journalists Search Archives C Industry Categories L News by Country L.;News by MSA L,Todays News [, Browse by Day [)PR TrackbacksTM[ ViewNews'"'(j!eBook Digests LRSS All Press Releases for July 6 2006f Yn Posted to Subscribe to this News Feed=Subscribe to this Podcast Feed 111111011" uin=�), Del.icio.us ME0 NoPornNorthampton Fights Porn King's Plans for Northampton,Massachusetts in Download this press release as an Adobe PDF document, Email this story to a colleague Printer Friendly Version Kenneth Guarino,President-CEO of Capital Video Corporation,plans to open a pom shop with 20 private Listen to Podcast MP3 viewing booths at 135 King Street in Northampton,Mass. Close to Northampton's historic downtown,this t location is surrounded by homes,schools,churches and counseling centers.Northampton is the home of ' Listen to Podcast iTunes Smith College,the nation's largest liberal arts college for women. Concerned citizens have formed Listen to Podcast OGG NoPomNorthampton to call attention to the disease,decay and crime associated with pom shops,and assist the town in finding appropriate solutions.Find out more at NoPomNorthampton.org. Bookmark with del.icio.us Bookmark with Y!MyWeb Northampton,MA(PRWEB)July 6,2006--Residents of Northampton,Mass.are mobilizing to fight a Submit to Digg proposed pornographic video and magazine store with 20 enclosed viewing booths.The planned location is a former auto dealership at 135 King Street,a short walk from the center of town.The site is surrounded by homes,churches,mental health counseling centers and a school of dance.Northampton(population 29,000) . • r, is the home of Smith College,the nation's largest liberal arts college for women.Author John Villani calls Northampton the'W1 Small Arts Town in America". Adam Cohen NoPomNorthampton Visit Our Site There is no fundamental 413-320-2027 liberty interest to view Email us Here sexually explicit materials in a closed viewing booth at a business "We support people's right to free expression,and we also believe that pom shops should not be located next to homes,schools and churches," Za says Jendi Reiter,legal counsel to NoPomNorthampton."Case after case across the country state that these two goals are compatible, and that cities have the right to regulate the time, place and manner of viewing adult entertainment . The owner of the prospective pom shop is Kenneth tr Neighbors:The View Down Summer Guarino,President-CEO of Capital Video sweet Corporation.Established in 1979,Capital Video The proposed pom shop will terminate p the vista of this leafy residential street in operates several adult book shops in the US,primarily in the Northeast.Guarino tells Dun&Bradstreet that Northampton, Capital Video had over$21 million in sales in 2005. uploaded:Jul s,2006 File Court documents state that Guarino has been"associated with Natale Richichi,a capo in the Gambino Name:SummerStreetResidences2198.ipa family of La Cosa Nostra."Over time Guarino paid Richichi at least$1,728,000 in cash to"fend off extortion attempts and to assist Guarino with other business matters where Richichi's influence as a capo might benefit Guarino."In 1997 Guarino pled guilty to a charge of conspiracy to evade taxes.He was sentenced to sixteen months in prison,eleven of which were served in a halfway house,and fined$250,000.(For details k see United States Court of Appeals for the First Circuit,Case No.02-1564,Capital Video Corporation; " Kenneth Guarino v.Commissioner of Internal Revenue,November 27,2002.) One of Guarino's shops in Kittery,Maine,called Amazing.net,has been the focus of community concern this year.The Kittery police department recently found"empty pill bottles,lubricants,leather straps,movies and used condoms within 100 yards of the rear of the establishment."When undercover detectives entered Neighbors:Children's Aid and Family viewing booths in the pom shop,they observed"what appeared to be tremendous amounts of body fluids on Service all three walls and on the floor."These fluids were confirmed to be semen.A former employee of the shop Northampton's Children's Aid and Family told detectives that people had sex in the booths and the bathrooms.The Kittery Town Council passed an Service agency Is a short we&away from the ordinance to remove the doors to the booths so people can see into them.So far this ordinance has been Up aded:Jul p,2OD6 upheld in court.'There is no fundamental liberty Interest to view sexual) explicit materials in a closed File Na d:Ju ld Zoos p � Y � File Nartle:ChildrensAid198.ipg viewing booth at a business,"writes York County Superior Judge Paul Fritzsche. i( g Studies show that porn shops with viewing booths facilitate prostitution,sexual encounters and the discharge of bodily fluids that spread disease.Adult businesses are known to increase crime in their vicinity.Neighbors frequently complain of harassment and sexual assault by patrons of pom shops,as well as finding used 1 of 3 7/6/2006 6:09 PM Page 1 of 1 Anthony Patillo From: Wayne Feiden Sent: Wednesday, July 05, 2006 1:20 PM To: Janet Sheppard (JMShep @aol.com); Michael Bardsley(bard slem @arps.org); Tony Patillo (apatillo @city.northampton.ma.us); Carolyn Misch Subject: Adult video stores I know that Janet is working on zoning to prohibit private viewing booths for adult entertainment. As you all know, generally we are not authorized to retroactively apply zoning to existing land uses or land uses that get vested by applying for a permit. Section 9A of MGL 40A, however, DOES allow this (at that is my read) for adult uses: "Any existing adult bookstore, adult motion picture theater, adult paraphernalia store or establishment which displays live nudity for its patrons, or adult video store shall apply for such permit within ninety days following the adoption of said zoning ordinance or by-law by a municipality." I would still worry about taking to long and having an applicant get vested, which could allow the city to shut them down but could open us up to damages. If this new zoning ordinance is referred out by City Council on July 20th then, if Ordinance Committee is available, we could have a joint Planning Board/Ordinance Committee public hearing on August 10th and this could potentially come back to City Council for a vote on August 24th. Please let me know if this makes sense to you? Michael--can you let me know if Ordinance Committee can meet on August 10th for a public hearing? Wayne Feiden, AICP Director of Planning and Development City of Northampton 210 Main Street, Room 11 Northampton, MA 01060 Direct: 413-587-1265 Office: 413-587-1266 Fax: 413-587-1264 Web: www.Nort_hamptonMA.gov WFeiden @NorthamptonMA.gov 7/5/2006 Portsmouth Herald Maine News: Legal action to be taken against porn shop Page 3 of 3 Earn C Tern S I http://www.seacoastonline.com/news/06022006/maine/105831.htm 7/5/2006 Portsmouth Herald Maine News: Legal action to be taken against porn shop Page 2 of 3 But on Wednesday, Judge Paul Fritzsche ruled against the company, saying, ' "There is no fundamental liberty interest to view sexually explicit materials in a Pi closed viewing booth at a business." C1_ck -Here i to Rec®_ve The Town Council was prompted to pass the ordinance last winter after a number Our BRA-Y of neighbors complained of suspicious activity and finding sex related trash along HeadI3.nes Fernald Road,which runs behind the adult video store. Strong said since the issue came to the attention of the town, Capital Video Corporation has put up a gate between the store and Fernald Road, cutting down on traffic. The town also has prohibited parking along the road, which Strong said has greatly reduced the pornographic trash that had infuriated neighbors.Representatives for Capital Video Corporation said Wednesday the company had no comment. Fe; SALES C( Somerswc Print this Story -- Email this Story '_�Discuss this Story MSB En_t__ry-Lei Back to the Portsmouth Herald PORTSMO Seacoast, Portsmouth Herald Home Delivery Best Offer Activities Derry, NH Seacoast Online is owned and operated by Seacoast Media Group. Vintage G Copyright©2006 Seacoast Online.All rights reserved.Please read our Copyright Notice and Terms of Use.Seacoast Media Group is a subsidiary of SALES.A[ Ottaway Newspapers,Inc.,a Dow Jones Company. PORTSMO Seacoast, 8 Gourmet C Gift I Wir NI Julie DOE Search I NH Re. 1031 Tax New Hamp Las Technolo Person Search Fur http://www.seacoastonline.com/news/06022006/maine/I 05831.htm 7/5/2006 Portsmouth Herald Maine News: Legal action to be taken against porn shop Page 1 of 3 Archives Business Entertainment Health Living Maine News Online Only Public Records Sports AM 7 Shop the Coast Cars Classifieds Dating Dining Golf Jobs Lodging TReal Est, Portsmouth Herald-Hampton Union-Exeter News-Letter-Dover Community News-Rockingham News-York County Coast Star Fri.June 2,2006 Advertise-Contact Info-Email Headlines-Home Delivery Specials-Place a Classified Ad-Submit Announce Herald Today's News Back issues Herald Records Should Birth Notices dot; Editorials Print this Story Email this Story Discuss this Story detti Honor Rolls invi Obituaries Milestones Police Logs Legal action to be taken against porn shop Quick Clicks Churches By Beth LaMontagne Club Listings blamontagne @seacoastonline.com Concerts Crossword , Event Calendar Complete Maine News Index Exhibits Legals KITTERY, Maine - Now Lottery Mortgage Rates that Amazing.net has failed seacoast Movie Times to temporarily thwart a new A i 'E R , r om Site Search ordinance regulating its Theatre video viewing booths, the TV Times town plans to notify the Weather company of the hefty fines it could face. 'F [ Marketplaces Cars Classifieds Police Chief Ed Strong said ;. y Dating Thursday police have h, y a.. Dining determined the store is not ' Golf in compliance and he is 4 Jobs documenting the violation. Lodging Real Estate i Shopping "At some point we will seek Skiing some sort of legal action," Yellow Pages said Strong. Sections Business The ordinance established by the Town Council this winter prohibits doors or Entertainment curtains on adult video viewing booths, requires proper lighting and creates a Health required viewing booth permit. If these rules are not obeyed, the store will be Home&Garden fined $200 per booth each day it is in violation. Living Maine News Online Only "We are hoping to get a letter out(to parent company Capital Video Corporation) vei Public Records today as soon as we know how they stand," said Town Manager Jon Carter. "We Sports are putting them on notice, they will be responsible for the fines." Tourism Travel Capital Video Corporation had 90 days to come into compliance. Just days before the May 29 deadline, the company made a last-minute appeal to the York County Superior Court, claiming the ordinance is unconstitutional. The company also filed a temporary restraining order against the town, which would have prevented the town from enforcing the law until a court decision on the appeal was rendered. http://www.seacoastonline.com/news/06022006/maine/105831.htm 7/5/2006 • �m T. C r i �C U) t ��gg99 � j 313 N00�2I3A0 iN3W3AVd N. D �a NN �x\\X\� �O r� cn c7 �• p.•� VI Z O �2 m m0 j °zrn ., Z a c�• N C, 0 N W x� v coN f• oA D3' o �c TJ r O A D .D M z D v il<2 0 O \ W r O O X N D FM D DC A a 0 r O 1,• ,,. ' Cr1 ° z ,.� m >Z zm N as N m cn �} - (A-u 1+ —i D m mo z$M w cn + D n 2 � 'f m2On ' •.• M 3 f 2 ® MD A •,i ''• ' r`E r" ' AX VWIC C d v -u a _ D O �. c z a MM . ., rat m yz' zz m s Zm c D .. r y D ,• t i • • i ino ino ino ino —T - ino –ino >Z Z M 2 cil 0 "a ?a LO C) =k CL iQ p OUL OUL OUI OUL OUl OUL ob 0 i w i } a , • YF � � �Q WqQ LU a- W I Roo, 4 Ww i • �Y U z � j , r.. .�• VN YQ � -•� za 4, 3 ozw JW h LLJ Of cc 9 ? CL V) co ® co N N w z �o W •,� J WO w o ao as � a' a x � QM O � I O 2 a X 11 a a z fi w :•' a. ■ OZ a 'wj U Y f'Unf: C C9 -J U �•J'. I� �t; p <<= O = 'O. O I \ Z .U' f O O '• � WZ< ip 0 ° �•. w a a jar° in PAVEMENT Olff,CON ETE t 6 CON RETE WALK • e O� GRASS a O stn Of I z rnn�n 7 1O Page 2 of 2 Michael--can you let me know if Ordinance Committee can meet on August 10th for a public hearing? Wayne Feiden, AICP Director of Planning and Development City of Northampton 210 Main Street, Room 11 Northampton, MA 01060 Direct: 413-587-1265 Office: 413-587-1266 Fax: 413-587-1264 Web: www.Northamr)tonMA.gov WFeiden @NorthamptonMA.gov 7/5/2006 Page 1 of 2 Anthony Patillo To: Wayne Feiden; Janet Sheppard (JMShep @aol.com); Michael Bardsley (bard sl ern @arps.org); Tony Patillo (apatillo @city.northampton.ma.us); Carolyn Misch Subject: RE: Adult video stores Hello Wayne, I read your email and have been reviewing section 9 a and I have concerns regarding the intrepretation to control them retroactivly. My concerns are; 1. We do not have a zoning ordinance in place at present concerning the areas we can control as per 40a-9a. 2. Present zoning section 10.13 live nudity last sentence first paragraph. "The city has not found a compelling reasons to regulate other types of adult uses". 3. Last paragraph of 9a which you sent states "any existing adult book store shall apply within 90 days of adoption of said ordinance." since this is not existing how does this play into the regulation. 4. 9A Also states that zoning ordinances or bylaws shall provide that special permits shall be only issued following public hearings held within 65 days of filing application with special permit granting authority, which at present has not promulgated rules specificaions for adult entertainment. It seems as if they are following the rules and we are changing rules in midstream, which to me opens us to some potentially damaging lawsuits over lost income which I am sure they will say will be substantial. So short version is we have nothing in place, and now we are appearing to react to one application. I don't know if we can cut and paste 40a to attempt to prevent them from operating without facing severe legal consequences. We can control the booths thru entertainment license, I would humbly suggest that we try not to regulate the application for 135King street retroactive, we can regulate the bothersome parts of operation ie booths and later if ordinance is passed they would have to come back to us within 90days of adoption for special permit. Tony -----Original Message----- From: Wayne Feiden Sent: Wednesday, July 05, 2006 1:20 PM To: Janet Sheppard (JMShep @aol.com); Michael Bardsley (bardslem @arps.org); Tony Patillo (apatillo @city.northampton.ma.us); Carolyn Misch Subject: Adult video stores I know that Janet is working on zoning to prohibit private viewing booths for adult entertainment. As you all know, generally we are not authorized to retroactively apply zoning to existing land uses or land uses that get vested by applying for a permit. Section 9A of MGL 40A, however, DOES allow this (at that is my read)for adult uses: "Any existing adult bookstore, adult motion picture theater, adult paraphernalia store or establishment which displays live nudity for its patrons, or adult video store shall apply for such permit within ninety days following the adoption of said zoning ordinance or by-law by a municipality." I would still worry about taking to long and having an applicant get vested, which could allow the city to shut them down but could open us up to damages. If this new zoning ordinance is referred out by City Council on July 20th then, if Ordinance Committee is available, we could have a joint Planning Board/Ordinance Committee public hearing on August 10th and this could potentially come back to City Council for a vote on August 24th. Please let me know if this makes sense to you? 7/5/2006 APITAt VIDEO LZ 1060 Park Avenue, Cranston, RI 02910 (401)464-4800 - FAX (401)464-4884 To whom b may concern: The preview booths that are being proposed at135 King 8L. Northampton, Ma. are used in the following manner. The store management selects o number of movies bobe previewed each week. These movies are displayed in a marquee at the entrance to the area containing the booths. All the movies being previewed in the booths are available for sale in the reta]sales area. The system can carry hundreds of selections but the amount vve limit our system toioG3. A person can utilize one of the booths for a fee and can view any of the selections in fill or just portions of each , very much like watching your television and searching the various channels. The fee is paid into a bill acceptor in each booth and is timed on a basis of$1.00 for a set time, additional time requires additional money. These booths are constructed of Laminated plywood. The electronics system used toplay the movies iaof the newest technology. | will be more than willing to answer any questions you have pertaining to the Preview booths. Anthony E. Nota ~ File#BP-2006-1395 APPLICANT/CONTACT PERSON ANTHONY E NOTZ ADDRESS/PHONE 780 RESERVOIR AVE CRANSTON (401)464-4800 Q PROPERTY LOCATION 135 KING ST Vol &3 9-9 VH 7 MAP 31B PARCEL 051 001 ZONE HB Qd�ac THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building Permit Filled out Fee Paid /Ow J ° Typeof Construction: CONSTRUCT PARTITIONS,NEW BATHROOMS&CEILING IN RETAIL AREA, NEW HVAC New Construction Non Structural interior renovations Addition to Existing Accessory Structure Buildina Plans Included: Owner/Statement or License 042250 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION P$ESENTED: Approved Additional permits required(see below) -3 V$$ PLANNING BOARD PERMIT REQUIRED UNDER:§ 1!C a 10— .+tls=�✓ CJS.� Intermediate Project: Site Plan AND/OR Special Permit With Site Plan � ✓pf' -s 30 Major Project: Site Plan AND/OR_A,,.e Special Permit With Site Plan S/'l�ccS �Ro�S ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* 18 Received&Recorded at Registry of Deeds Proof Enclosed ® ,sQPr�eTra-� &W ovd6 Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health , gyp Permit from Conservation Commission Permit from CB Architecture Committee Permit from E/StIre omm ission Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a,applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. *Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning&Development for more information. Lie Portsmouth Herald Maine News: Porn retailer faces big fines Page 2 of 3 Travel police found traces of semen on the walls and floors of"viewing booths." Should .+ The ordinance requires any adult-video store in town to take down the doors of its data private video booths. detecti Click .Rene nvi to Fece_tre "There is no fundamental liberty interest to view sexually explicit materials in a Our Daily closed viewing booth at a business," Fritzsche wrote in his ruling Wednesday. Headlines The immediate attempt to prevent the town from enforcing its ordinance failed, but the shop's fight is not over. It filed a lawsuit against the town that claims the ordinance is in violation of the company's First Amendment right to privacy.A trial date has not been set. , x, McEachern said he sees Wednesday's initial ruling as a good sign, „but it doesn't finally dispose of the case." s Town Manager Jon Carter said he does not believe the ordinance interferes with anyone's rights. "We're obviously dismayed at the lawsuit,"he said. "We will determine how to 1J! i proceed from here under the shadow of a lawsuit. Obviously we want to enforce ,,. the ordinance as quickly as possible." Each violation of the town's ordinance is subject to $200 per day in fines. In a letter sent to Carter in January, Lesley S. Rich, the company's general counsel, stated that Capital Video Corp. "is very sensitive to the needs of the communities in which we do business. "It is a strict policy that our employees consistently police the property surrounding (Amazing.net), and we will double our efforts to(ensure)that this is done on a routine basis,"the letter reads. Rich and the attorney for Capital Video Corporation could not be reached for comment Wednesday. An employee at the shop said he could not comment on the case. vel Read More • Today's editorial: Amazing.net needs to clean up act, store Print this Story Email this Story Discuss this Story Back to the Portsmouth Herald Portsmouth Herald Home Delivery Best Offer � . Seacoast Online is owned and operated by Seacoast Media Group. ,,, Copyright©2006 Seacoast Online.All rights reserved.Please read our Copyright Notice and Terms of Use.Seacoast Media Group is a subsidiary of Ottaway Newspapers,Inc.,a Dow Jones Company. 6C http://www.seacoastonline.com/news/06012006/maine/105676.htm 6/28/2006 Portsmouth Herald Maine News: Porn retailer faces big fines Page 1 of 3 Archives Business I Entertainment I Health I Living Maine News Online Only Public Records Sports x a . t 51 ON a / Shop the Coast Cars Classifieds Dating Dining Golf Jobs Lodging Real Est. Portsmouth Herald-Hampton Union-Exeter News-Letter-Dover Community News-Rockingham News-York County Coast Star Thu.June 1,2006 Advertise-Contact Info-Email Headlines-Home Delivery Specials-Place a Classified Ad-Submit Announc( Herald Today's News Back Issues s+ ar r Herald Records NZW Birth Notices Editorials Print this Story Email this Story Discuss this Story Honor Rolls Obituaries Milestones Police Logs Porn retailer faces big fines Quick Clicks Churches By Elizabeth Kenny Club Listings news1 @seacoastonline.com w Concerts Crossword Event Calendar Complete Maine News Index Exhibits Legals KITTERY, Maine- Lottery Mortgage Rates Amazing.net lost its last- Movie Times minute attempt to prevent Site Search the town from enforcing an A « '. Theatre ordinance that changes the TV Times way the porn shop does Weather Norm Speci business. to Marketplaces Cars Capital Video Corporation, Classifieds the parent company of Dating Amazing.net, claims the Dining town's ordinance violates ' ` Parer Golf its constitutional rights and Child d Jobs filed a lawsuit against the LE–DRALVAi3J Assi Lodging Real Estate town. A temporary Jot n Kcdly � BANK Shopping restraining order also filed 1 11 Tax-7 Skiing would have immediately r . Yellow Pages freed the company from following the new ordinance until the trial. Sections Busine Entertain ment However, York County Superior Judge Paul Fritzsche ruled in favor of the town Health Wednesday, and according to Town Attorney Duncan McEachern, the shop is ` Home&Garden now in violation of the ordinance and could face some hefty fines. Living Maine News Online Only The lawsuit and motion for a temporary restraining was filed Friday,just days Public Records before a May 29 deadline set by the Town Council after neighbors to the shop on Sports Route 236 complained that patrons were leaving used condoms, sex toys and Tourism other trash along the side of the road. Health concerns were also raised when —_�--� http://www.seacoastonline.com/news/06012006/maine/105676.htm 6/28/2006 The Westerly Sun Page 3 of 3 Copyright© 2006 The Westerly Sun http://www.thewesterlysun.com/articles/2005/10/26/news/news3.txt 6/29/2006 The Westerly Sun Page 2 of 3 Search the Web "As of right now, there's nothing the town can to do prevent it," Jewett said. Find "If residents and town officials are concerned, I think we should look at Travel Info amending the zoning ordinance. Even if we do, this one could be Web Directory Yellow Pages grandfathered in." White Pages Meet someone My Page "In an area of this size, I would think only a few could survive," she added. City Guide "I wouldn't think one would open up the flood gates." Lottery Results TV Listings Movie Listings In North Stonington, Amazing Express opened its doors to the public after Maps/Directions Horoscope spending more than two years before the town's Planning and Zoning Greeting Cards Commission as a retail "gift shop." Though the town had enacted an ordinance in 1996 setting limits on the location of adult-oriented businesses, Extras store owners said the requirement violated their First Amendment rights. ■ Health News ■ stocks and Finance A subsequent bid to get the store licensed under an adult business ordinance ■ Entertainment provision "died," according to an official in the town selectman's office. ■ Religious Listings Last month, Hopkinton's Town Council approved amendments to local ordinances in an effort to shield the town from adult-oriented businesses. Our Family of Adult business owners are now required to apply for a special adult Publications entertainment license, and cannot operate their businesses outside town ■ The Record Journal manufacturing zones. • The Berlin Citizen ■ The Plainville Citizen Richmond's Co-Solicitor Karen R. Ellsworth said the accessibility of • Tiempo downtown Wyoming from Interstate 95's Exit 3 makes the location attractive to adult business owners. • Town Times "I'm not immediately alarmed," she said. "I would want to wait and see how many people patronize it. If they get off the highway and back on, it's not a Archives Search problem...It's up to the Town Council and the Planning Board to determine whether that's the kind of use they want in Richmond." Search Both Richmond Town Council Vice President Henry R. Oppenheimer and Councilor Kevin Gosper said they would reserve comment until Nota's Click here for a more proposal is official. detailed search. "Unless I know the goods being sold, I don't think it's fair to comment," Oppenheimer said. "I'm at a loss," echoed Gosper. "These types of businesses have been zoned to the fringes everywhere else. I don't think we ever really considered it here." ckeegan @thewesterlysun.com [Home] [News] [sports] [opinion] weddings and Engagements] [Obituaries] [Ciassifieds] About Us] Contact Us] [Subscribe] Place a classified ad] [Health] [Stocks] [Entertainment] http://www.thewesterlysun.com/articles/2005/10/26/news/news3.txt 6/29/2006 The Westerly Sun Pagel of 3 THE St t Online from Westerly, Rhode Island Sports op'ri .. weodincm E: gayy�, -e nt _ ,,.fps .- ,f u.,.. . ... w. r �r< err"Ou- C.. _a_ ,, 'ADULT' BUSINESS EYES SITE IN RICHMOND N\ By Chris Keegan - The Sun Staff �ti� r}� RICHMOND - Town Hall officials believe a Cranston real estate company _-` has plans to bring an adult-oriented retail business to downtown Wyoming. Mystic River Press Earlier this month, the town's building official issued Anthony E. Nota - manager of Martel Investment Group, LLC - a permit for renovations to Online poll convert the former Bickford's Family Restaurant at 1216 Main Street into a retail business. Hopkinton voters are facing a Wednesday The Oct. 5 building permits allows for the removal of existing ceilings and night Financial Town Meeting with a budget partitions, coolers, and counters, and the subsequent installation of a new that calls for a 5.5- ceiling, 27 feet of non-structured partitions, new carpeting and dry wall percent tax hike- right at the state cap. where needed. Should this budget be approved? Nota's company- which purchased the property last month for $700,000 Yes, it's fair from Ferry Realty Group LLC of Exeter- opened an Amazing Express adult No, spending must video store in nearby North Stonington in June 2001. be cut submit Both his business and personal addresses listed on state Corporations Division documents match addresses listed for Metro Home Video, Metro Inc., and Northstar Distributors on Park Avenue and Metro Park Drive in Previous poll Cranston - the producers and distributors of adult video tapes and DVDs. Employment Nota did not return a phone message left with the Capital Video Opportunities at sun Corporations legal department by press time. Publishing Click here to view Sun Publishing's Town Planner Melanie A. Jewett said Tuesday hat there are currently no � � employment restrictions in the town's zoning ordinances to prevent adult businesses from opportunities. setting up shop in town, though adult cabarets - or businesses offering live nudity -- are not permitted in Richmond. Photo Gallery Click here to view our hh news gallery of photos Nota does not need approval from either the Town Council or Richmond's and to order reprints. Planning Board to open an adult video store in Wyoming because a change in the building's use from food service to retail is permitted in a general business zone, she said. http://www.thewesterlysun.com/articles/2005/10/26/news/news3.txt 6/29/2006 firstamendmentcenter.org: news Page 1 of I Town officials agree to give adult video store a Sunday sales license David Hudson First Amendment Center 05.20.98 Town officials in Middletown, R.I., recently issued a special Sunday sales license to Video Expo, an adult video and bookstore. Rhode Island law requires retailers to obtain a special sales permit in order to conduct business on Sundays and holidays. Capital Video Corporation, which does business under the name Middletown Video Expo, applied for a permit in January. Town officials rejected the application in early February, saying several council members felt the adult video store was "inappropriate" for the town. However, the store filed a lawsuit in federal court, alleging that town officials had violated the store's First Amendment rights. In Capital Video Corp. v. Town of Middletown, the video store argued that the officials engaged in the "politically popular thing to do ... contrary to core constitutional principles." Relying on the advice of their attorneys, town officials relented and granted the store the license. William Flynn, vice chairman of the Middletown Town Council, told free!: "The license was issued because our attorneys thought we had no basis to deny the license." Flynn said he was "not really happy" about the outcome. "You win some, you lose some," he said. "I am a believer in the First Amendment," he added, "but I still feel the community should have a say in what type of material is available." Roger Wilcox, attorney for the bookstore, told ftee! that "absolutely, this is a First Amendment victory. There was no legal basis for denying the license in the first place." Wilcox said the only remaining issues in the case deal with attorney fees. Related stories: • Adult video store sues Rhode Island town over Sunday sales 5.4.98 http://www.firstamendmentcenter.org/news.aspx?id=8965&printer-friendly=y 6/29/2006 Portsmouth Herald Maine News: Amazing.net obeys new town ordinance Page 2 of 3 Travel "We've been able to confirm the booths have not been in service since ... shortly after the court issued its decision," said McEachern. Should d -= ti at1 McEachern said lawyers from the company gave no indication a pending lawsuit detezti Ci ck Here against the town would now be dropped. l'nvi to Pece,tre Tar Dal.—'Y Headlizies Print this Story Email this Story Discuss this Story Back to the Portsmouth Herald Portsmouth Herald Home Delivery Best Offer Seacoast Online is owned and operated by Seacoast Media Group. Copyright©2006 Seacoast Online.All rights reserved.Please read our Copyright Notice and Terms of Use.Seacoast Media Group is a subsidiary of Ottaway Newspapers,Inc.,a Dow Jones Company. Ye1,14 Vel .f lic http://www.seacoastonline.com/news/06072006/maine/106603.htm 6/29/2006 Portsmouth Herald Maine News: Amazing.net obeys new town ordinance Page l of 3 Archives I Business I Entertainment I Health I Living Maine News Online Only Public Records I Sports r s a M . • zu Shop the Coast Cars Classifieds Dating Dining Golf Jobs Lodging Real Est; Portsmouth Herald-Hampton Union-Exeter News-Letter-Dover Community News-Rockingham News-York County Coast Star Wed.June 7,2006 Advertise-Contact Info-Email Headlines-Home Delivery Specials-Place a Classified Ad-Submit Announc Herald Today's News n 75 ConsW tion A v e Back issues McLaughlin W139 Porsm t NH Herald Records l 603-80-4000 Birth Notices Editorials = Print this Story — Email this Story Discuss this Story Honor Rolls Obituaries Milestones Police Logs Amazing.net obeys new town ordinance Quick Clicks Churches By Beth LaMontagne ,d ! Club Listings Concerts Crossword Complete Maine News Index r e c Event Calendar Leals Exhibits KITTERY, Maine - n g Lottery Amazing.net has removed ' Mortgage Rates the doors to its private adult Movie Times video viewing booths in an Site Search attempt to comply with a , '1! whi Theatre newly enacted local TV Times • ordinance. Weather • Marketplaces According to Town Attorney „ , Cars Duncan McEachern, ► Classifieds Amazing.net's parent Dating company, Capital Video Dining Corporation told him Golf Thursday that the booths ., j Jobs were no longer in use. Lodging Real Estate %g Shopping The company has also filed ' Skiing Yellow Pages an application with the town for a viewing booth license, a requirement under the new ordinance. Sections Business After hearing complaints from neighbors about suspicious activity and finding sex- Entertainment related trash, the Town Council passed an ordinance banning doors or curtains Health on video viewing booths this winter. Just days before the deadline for the store to 9 r, Home&Garden comply, the company filed suit, saying the law violated its constitutional rights. Living Maine News Online Only The company filed a temporary restraining order in an attempt to keep the town Public Records from enforcing the ordinance, but the request was turned down last week. Sports Tourism http://www.seacoastonline.com/news/06072006/maine/l 06603.htm 6/29/2006 Zoom1nfo Web Summary: Louis Turcotte Page I of I i1 I fo Find Persom 1i BeFound PowerSearch Aboutlj�, Mr. Louis T. Turcotte Th s it sjrm A�j KnM"�GKAD'ai Me,'Jia Inc.: Variations of the name Lou This web summary was automatically generated using 2 sources- Metro Global, Inc. Metro Global Media,Enc. 05: P,ISBL). annojn'-'er t) �-;3DPJ".Menn `Louis T.Turcotte as r �=rO'nrla. -'e reasurer ecretary and Director, Mr.Turcotte h?s b en a,�e', ified pul"P., -"iccoun"L?n § "'e 2 and a me �b- of )o,'Uh'th�Am-ricar. U -PAs�nd}he P So'-Je`i:v o'c C io,jo;rwig Metro Global, Mr.Turcofte tin s. Ch;e'Fr a'ix-Ja'0"icer and T,c-,,as.ire- for Capital Video Corporation, F of 3r) dU` r-.-:DH stores v.,him is the Co?n;--'a--,v`- af `whel- he!D_'--J'd- He Se�,Aernne' 0' 1998, SEC Filing A; --4 Louis T.Turcotte 401 94.2-7�,76------------------------------------ ---------------- -------------------- -%' Area B„ s"Louis T.Turcotte a -� mianon cal.cal. ,-'w'par es, n http://www.zoominfo.com/directory/Turcotte—Louis-39296012.htm 6/29/2006 Version 1.7 Commercial Building Pernut May 15,2000 r.. SEC 6IaN 4 CO LST GC101�7 ELZ}GICES OR PROuJECaT DESS THAWM;Xl00, cusip= Er O E�ICLQSED;z)x CCE,; . Interior Alterations ❑ Existing Wall Sigris ❑ Demolition❑ Repairs❑ Additions ❑ Accessory Building❑ Exterior Alteration ❑ Existing Ground Sign❑ ,New Signs❑ Roofing❑ Change of Use❑ Other❑ , ,4e' f.,-ri / wce Brief Description ?Enter a brief ef description here. Z --c-e- P a/ .'( Of Proposed Work: �"� '" -�,/ K. e%r. Nom" tf�/s�c ✓jrpw� . SEGTtON S ..fSE GR(3llP ANDP[S�F3laG' 10}7� PE USE GROUP(Check as applicable) CONSTRUCTION TYPE A Assembly - A:1 ❑ A-2 ❑ A-3 ❑ 1A [] ❑ A-4 ❑ .., A-5 ❑ 1B ❑ B Business ❑ 2A ❑ E Educational ❑ 2B ! ❑ F Factory ❑ F-1 ❑ F-2 ❑ 2C ❑ H High Hazard ❑ 3A ❑ 1 Institutional ❑ !-1 ❑ 1-2 ❑ 1.3 ❑ 3B ❑ M Mercantile ❑ 4 R Residential ❑ R-1 ❑ R-2 ❑ R-3 ❑ 5A ❑ S Storage ❑ S-1 ❑ S-2 ❑ 5B ❑ U Utility Specify:119VO I/t ✓e le-y, �Ju�i��.P �!o tw C M Mixed Use Specify 4 S Special Use 0 Specify:, y . OMPLEI; �T1= lsTIG BUILDiUId31�F3EliGQIiG'REN°C1YA�f0 [S„AflftTl3l3S ANF?EQtCG}Al�lC1=}lV-USE W eF��l 7�'�� Proposed = c. Existing Use Group: �'� I Use Group: l ; Proposed Hazard Index 780 CMR.34 ` Existing Hazard Index 780 CMR 34): Po )� _- S;E�ON"6�t11CD1NG`�,IEIG�'�iNDy°iA7.2Eft to � BUILDING AREA EXISTING PROPOSED NEW CONSTRUCTION _ a Floor Area per Floor(sf) 151 ' St _� � - nd i 2`� 1 2 0 jf 3 s 3rd rd ' f 4' � Total Area(sf) ,sue 7 I Total Proposed New Construction(sf) Total Height(ft) Total Height ft 7.Water Supply(M.G.L.c.40,§54) 7.1 Flood Zone Information: 7.3 Sewage Disposal System: Public (� Private ❑ Zone I Outside Flood Zone❑ Municipal^® On site disposal system C] Version 1.7 Commercial Building Permit May 15,2000 SECT10[±t IQ OmljCTIIRAL PEER REVTlllll(ZSQ CMft1y011 Independent Structural Engineering Structural Peer Review Required Yes No SECTION,-11 -OW..NER At7?HORVATION-TO,BE°COMP-L-ETEM-7M,EU-' OWNERS AGENTOR CgNT.RAGTOR-AP PLIES.fIDWBUIEDTNGFERIiTfIT as Owner of the subject property hereby authorize Wri t4a d 'to 7 act on my behalf,in all matters relative to work authorized by this building permit application. Signature of Own Date L' a 110 - ° ca ,as Owner/Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief. Si ned und-e-cZ Dald5&d penalties of e " i P" Name Signature of Owner/Age t Date mSEGTTONM'T�. COR5TR1,7C�IONkS,�R1/aCES 10.1 Licensed Construction Supervisor , a JLLD Not Applicable ❑ Name of License Holder L=TZ� License Number Address P. Expiration Date Signature -SECTION 13 WORKERS'COMPENSATION�NSt7EXNCEFIDAIIT Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit Signed Affidavit Attached Yes No 0 r i ' Versionl.7 Commercial Building Permit May 15,2000 -------------- -n r L, 1l 1ify of Northampton 1rlding Department _ 212 Main Street Jul 2 � 2_Cfi Room'100 Nortampton, MA 01060 n--";;;",►rPfia ` 13-5 7-1240 Fax 413-587-1272 _ APPLICATION TO CONSTRUCT,REPAIR,RENOVATE,CHANGE THE USE OR OCCUPANCY OF„OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING �ECZIOInf�� S11E'1NEORMAZI:ON'� �. ;�` .': usecfoa Ea�a. cxr td;Z' ) i ____ . -'H-Proaerty-Addres - his his -- `'`SEG'C10N.�PROP_ERT1f�01l YNERS�1�lAL��THOR 1iZED�ACEN�:. ~-'. � vw ' -�, ;. x +�� r��a's. � �,� -�at "tea=�-„�''t'c'-`•t.,xy�=r o s., .r 2.1 Owner of Record: f cc r' C d c�—_ ? 3 g teen -{; l( d, Name(Print) Current Mailing Address: j Signature Telephone 2.2 Authorized Aaent: i { ' r v i ? �8� use vQ° o.. .,l Name(Print) Current.Malang Address: 0429�O Signature Telephone Cu itfGc1`4, Alot- -;�EC'[70N 3--`E ".. D�ON�TRI3CTCOTT COSTS _- Item Estimated Cost(Dollars)to be Oftic�a iJse Qr34 ; completed by permit 1. Building - Qd� e u. aBurfdurgma�tFee ` - 2. Electrical i QUO - € (b�Estrixrated Total Cost of r.. .. L } 'Cons------an---- - 3. Plumbing `j C?DU o� Butld�sgPe�nrt�e 4 Mechanical(H VAC) , G 5. Fire Protection 6. Total'=0 +2+3+4+5) Ova C✓ Checl.Number •, a--. _ ,_ This-Sectron°For.tJffcraE Use On1 r Signature: Building Commissioner.nspecfoc of l3uitdings Date UVfL.1+ LVUV lu.LJ TVITV1AVlr 1 `.._r ......... .�...e........ ............. ...,.� .J� C �. > P I TA .�.+ VIDEO C O R P D R A T I O N 1060 Park Avenue, Cranston, RI 02910 (401)464-4800 FAX (401)464-48$4 �J i J UN 2 3 2006 115 To Whom It May Concern: Please accept this letter as a Fire Narrative and Mercantile Use of building of 135 King Street,Northampton,MA.. The building will be primarily used for the selling of adult themed DVD,Novelties, Videos(VHS),magazines,boutique products and previewing booths. We will upgrade existing building to include new HVAC,lighting,flooring, and petitions. This upgrade will be performed to meet local codes and ordinances. In the process of this upgrade,we will also upgrade the fire alarm to meet all national, state,and local fire codes. This will include smoke/heat detectors,pull stations,CO detectors, fore extinguishers, all emergency lighting, exit doors and lmox box. We will also have 24 hour fire alarm monitoring by ADT. We will submit a descriptive fire plan with the local Fire Marshall for approval. Thank You in advance for your cooperation. Sincerely Dzell s r of Security File#BP-2006-1395 APPLICANT/CONTACT PERSON ANTHONY E NOTZ ADDRESS/PHONE 780 RESERVOIR AVE CRANSTON ((401)464-4800 Q PROPERTY LOCATION 135 KING ST MAP 3113 PARCEL 051 001 ZONE HB QQ�� THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building Permit Filled out Fee Paid Typeof Construction: CONSTRUCT PARTITIONS,NEW BATHROOMS&CEILING IN RETAIL AREA, NEW HVAC New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Statement or License 042250 ?�.� 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRESENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND/OR Special Permit With Site Plan Major Project: Site Plan AND/OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit:from CB Architecture Committee Permit from Elm Street Commission Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. *Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning&Development for more information. NNW ¢THAMP7. �o oy LX of 'Wartfrallipton w • i z �8848ChltSttt4 DEPARTMENT OF BUILDING INSPECTIONS - INSPECTOR 212 Main Street • Municipal Building Northampton, MA 01060 FAX TRANSMITTAI, DATE FAX TO TELEPHONE NUMBER TO FROM PAGES INCLUDING THIS SHEET i Anthony L. Patillo, CB0 Building Commissioner Zoning Enforcement Officer 212 Main Street-Room 100 587-1240 Northampton,MA 01060-3189 Fax 587-1272 O��MPrO Grit# of Xort4autpton z I � � �lassachnsetis t _ g, DEPARTMENT OF BUILDIXG INSPECTIONS INSPECTOR 212 Main Street • Municipal Building %,N Northampton, MA 01060 June 28, 2006 Capital Video Corporation located at 1060 Park Avenue, Cranston, RI has submitted to the Building Department of the city of Northampton an application for renovation of a building located at 135 King Street. The application states "The building is to be primarily used for the selling of adult themed DVD, Novelties, Videos (VHS), magazines, boutique products and previewing booths". The property owner is Barry Goldberg, Longmeadow Ma. The application is being reviewed for compliance with Northampton Zoning, Massachusetts State Building and Fire Codes and has not ben a roved of today's date. Anthony Patillo Building Commissioner City of Northampton M.G.L.-Chapter 140,Section 181 http://www.mass.gov/legis/laws/mgl/140-18Lhtm significant or if the likelihood of its occurrence is remote. The mayor or selectmen may impose conditions upon a license but said conditions ma Ito_compliance with applicable laws or ordinances.or to public safety,health, or order,or steps r_eauired 1 to cen to ward a ainst creation of a nui equate safety and security for patrons or the affected public. No applicant having been denied a license as aforesaid sha submit the or a similar application 'th' f said denial without including in said new application facts showing that e circumstances upon which the original denial was based have substantially changed. The mayor or selectman may revoke or suspend a license granted pursuant to the provisions of this section upon finding, after a hearing preceded by ten days written notice to the licensee,that conditions exist which would have justified denial of the original application for such license provided,that the mayor or selectmen may petition the superior court department of the trial court to enjoin any violation of this section. No license shall issue,however, for a traveling carnival, circus or other such traveling amusement which does not have its principal place of business within the commonwealth unless the licensee certifies that he has provided by insurance for the payment of compensation and the furnishing of other benefits under chapter one hundred and fifty-two to ah persons to be employed by said licensee and that such insurance shall continue in full force and effect during the term of the license; and the licensee further certifies that he has obtained a policy of public liability insurance in the amount of at least twenty-five thousand dollars to pay any claims or judgments rendered against the licensee in favor of patrons or others to recover damages resulting from.the negligence of the licensee. The amount of insurance of the policy hereinbefore required or in effect shall not limit or impair any right of recovery to which any plaintiff may be entitled in excess of such amount. 2 of 2 6/28/2006 8:34 PM M.G.L.-Chapter 140,Section 181 http://www.mass.gov/legis/laws/mgl/140-18Lhtm The General Laws of MassachusettsF Search the Laws Go To: Next Section Previous Section PART I. ADMINISTRATION OF THE GOVERNMENT Chapter Table of Contents MGL Search Page General Court Home TITLE XX. PUBLIC SAFETY AND GOOD ORDER Mass.gov CHAPTER 140.LICENSES THEATRICAL EXHIBITIONS, PUBLIC AMUSEMENTS, ETC. Chapter 140: Section 181. Theatrical exhibitions,etc.; licenses; fees; applications; suspension or revocation; workers' compensation coverage Section 181. The mayor or selectmen may, except as provided in section one hundred and five of chapter one hundred and forty-nine, grant and set the fee for; upon such terms and conditions as are described hereinafter,a license for theatrical exhibitions,public shows,public amusements and exhibitions of every description,to be held upon weekdays only,to which admission is obtained upon payment of money or upon the delivery of any valuable thing, or in which, after free admission, w e amusement is furnished upon a deposit of money in a coin controlled apparatus, but in no event shall \v env such fee be greater than_ one hun red dollars.Notwithstanding the limitations of this paragraph,a U license granted to a movie theater, including any drive-in theater, for the exhibition of motion pictures Jshall permit such exhibition seven days per week. The fee for such license shall not exceed the total amounts paid by a licensee for licenses issued in 1997 under this section and section 4 of chapter 136 then in effect;provided,however,that the fee for such license shall not be greater than$500. The application for such a license shall be in writing and shall fully and specifically describe the conditions of the proposed exhibition, show,or amusement and the premises upon which the proposed exhibition, show, or amusement is to take place,to the extent that such conditions or premises would affect the public safety,health or order. Upon written request of the mayor or selectmen,the applicant shy.is ad ition furni-,h reasonable i oncc ia&ib conditions of the premises and actions to be � � a to h .k lic afy, � lt Within thirty days following receipt of such application,the mayor or selectmen shall grant a licenst_or sr a hearing preceded by at least ten days written notice to the ar> lic t. Within forty-fivy ne following the close of such hearing,%e may-or or selectmen shall 1 errant such licenses shl gn such licenses upon a finding that iss�of such a license would lead to the creation aft nu sa_nc a or would endanger the public health safety or-ordePby; (a)unreasonably increasing pedestrian traffic in the area in which the premises are located or (b)increasing the incidence of disruptive conduct in the area in which the premises are located or (c)unreasonably increasing the level of noise in the area in which the premises are located. C.... Notice of such a denial shall be delivered to the applicant in writing and shall be accompanied by a statement of the reasons therefor.No application shall be denied if the anticipated harm is not i of 2 6/28/2006 8:34 PM Permit. F. CONDITIONS OF APPROVAL. A Special Permit issued under this ordinance shall lapse upon any one of the following occurrences: (1) There is a change in the location of the adult use; (2) There is a sale, transfer or assignment of the business or the license; (3) There is any change in ownership or management of the applicant; or (4) Failure to begin a permitted Adult Entertainment Establishment within two years of the granting of such permit, except for "good cause" , including the time necessary to await a court appeal to establish an Adult Entertainment Establishment. G. NON-CONFORMING PRE-EXISTING USES. Any adult entertainment establishment shall be allowed to continue to operate in its present location unless there is a change in type and intensity of use. 7-4 (b) Sign content shall identify the name of the establishment only and shall contain no advertisement in addition to the identification of the use. Only one identification sign to be mounted on the building wall face shall be allowed for an adult use. All other :signs whether on the exterior of the building or visible from the exterior of the building are prohibited. (c) No adult entertainment esta:lishment may have any flashing lights visible from outside the establishment. Furthermore, no sign shall rotate, or contain reflective or fluorescent elements. (5) Screening: All building openings, entries, and windows shall be screened in such a manner as to prevent visual access of the public to the interior of the Adult Entertainment Establishment. A five (5) foot high solid fence or a landscaped buffer of evergreen trees or shrubs five (5) foot high at the time of planting shall be provided and maintained along the side and rear property lines. The special permit granting authority if deemed necessary may require additional screening. (6) Minors. No Adult Entertainment Establishment shall be allowed to disseminate adult matter to minors, cause Adult Entertainment Establishment displays to be viewed by minors, or allow minors to linger on the premises. (7) Applicant Conditions: No adult use special permit shall be issued to any person, corporation, officer, director, general partner convicted of violating the provisions of M.G.L. c.119, S. 63 or M.G.L. c. 272, S. 2, 3, 4, 4A, 6, 7, 8, 12, 13, 28 and M.G.L c. 265 S. 13B, 13F, 13H, 22, 22A, 23, 24, and 24B including but not limited to crimes of indecency, assault and battery, crimes against women and/or children, crimes of sexual exploitation, and felony possession of narcotics. If any person so identified is found to be convicted of violating any statutes, such special permit shall immediately null and void. (8) Parking: Parking for Adult Entertainment Establishments shall be provided only in front and side yard areas. All parking areas shall be illuminated and such lighting shall be contained within the subject property lines. (9) Approvals and Conditions: The special permit granting authority may impose additional conditions if in its judgment such conditions are needed to insure compatibility with the surrounding area. (10) Expiration of Permit. Any adult use special permit granted shall expire after a period of 2 calendar years from its date of issuance and shall be automatically renewable for successive 2 year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority prior to the expiration of the then-existing two year period, subject to the request being noticed as specified in MGL Chapter 40A, Section 9. Said notice shall state that the renewal request will be granted unless, prior to the expiration of the then existing permit, a written objection from any individual or entity whic:a raise valid and substantiated secondary effect concerns considered by the Pittsfield City Council in drafting this ordinance and/or violations of this ordinance is received by the Zoning Board of Appeals. In the event of such an objection, a public hearing on the renewal shall be held in accordance with MGL Chapter 40A, Section 9. The existing Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Zoning Board of Appeals either granting or denying the Special Permit renewal, in accordance with the provisions of Section 30.2.11.8. In granting any such renewal, the Zoning Board of Appeals may impose additional conditions, including, without limiting the foregoing, time limits to correct violations, hours of operations and additional screening, upon which a specified lapse of time without correction or compliance shall result in a revocation of the Special 7-3 3. Proposed security precautions. 4 . The external and internal physical layout of the premises. 5. Full description of the intended nature of the business 6. A sworn statement must be provided stating that neither the applicant, nor the manager, in the Adult use business has been convicted of violating the provisions of M.G.L. c.119, S. 63 or M.G.L. c. 272, S. 2, 3, 4, 4A, 6, 7, 8, 12, 13, 28 and M.G.L c. 265 S. 13B, 13F, 13H, 22, 22A, 23, 24, and 24B, including but not limited to crimes of indecency, assault and battery, crimes against women and/or children, crimes of sexual exploitation, and felony possession of narcotics. E. SPECIAL PERMIT STANDARDS FOR ADULT ENTERTAINMENT. No Special Permit may be granted by the zoning Board of Appeals for an Adult Entertainment Establishment unless the following conditions are satisfied: (1) Location Conditions: No Adult Entertainment Establishment may be located outside of an Adult Entertainment Zone, as listed in the Section 7.847 and Chapter 23, Article 23-4, Section 4 .202, Table of Principle Permitted Uses, and less than 400 feet from a residential zoning district, school, library, church or other religious use, home and/or center-based child care facility as defined by G.L. c. 28.A, section 9, park, playground, recreational areas, any youth facility, any establishment licensed under the provisions of Massachusetts General Law Chapter 138, Section 12, or another Adult Entertainment Establishment. The 400 feet shall be measured from all property lines of the proposed use. (2) Separation of Uses. No more than one adult use, as defined in Section I, shall be allowed to operate within the same building, structure or portion thereof. (3) Building Design: (a) The building shall be so modified or designed so that all doors, windows and other openings shall be located, covered and/or screened in such a manner as to prevent a view into the interior from the outside. (b) Sound produced by music, loudspeaker or patrons shall not be discernable by the public beyond the walls of the premises. (c) All entrances shall be clearly marked with a notice prohibiting minors from entering the premises. (d) If the adult oriented busi:ness allows for the showing of films and videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors, or screens. All booths must be able to be clearly seen from the center of the establishment. (4) Display Conditions: (a) No signs, graphics, pictures, publications, videotapes, movies, covers, merchandise or other implements, items or advertising, depicting, describing or relating to sexual conduct or sexual excitement as defined in Massachusetts General Law Chapter 272, Section 31 shall be displayed in the windows of, or on the building of, any Adult Entertainment. Establishment, or be visible to the public from the pedestrian sidewalks or walkways or from other areas outside such establishments. 7-2 SECTION 7 .847 - ADULT ENTERTAINMENT ESTABLISHMENTS. [Added 10-26-2004 by Ord. No. 936] A. Purpose: The purpose of this section is to allow Adult Entertainment Establishments in an IL zone. It has been documented in numerous other towns and cities throughout the Commonwealth of Massachusetts and elsewhere in the United States that Adult Entertainment Establishments are distinguishable from other business uses and that the location of adult entertainment uses degrades the quality of life in the areas of a community where they are located. Studies have shown secondary impacts such as increased levels of crime, decreased tax base, and blight resulting from the clustering and concentration of adult entertainment uses. Late night noise and traffic also increase due to the late hours of operation of many of these establishments and the Massachusetts Home Rule Amendment with the purpose and intent of regulating and limiting the location of Adult Entertainment Establishments (as defined herein) so as to prevent the secondary effects associated with these establishments, and to protect the health, safety, and welfare of the present and future inhabitants of the City of Pittsfield. This Ordinance is enacted pursuant to Massachusetts General Law Chapter 40A, Section 9A. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the intent or effect of this Ordinance to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor restrict nor deny rights that distributors or exhibitors of such matter or materials may have to sell, distribute, or exhibit such matter or materials. Nor is it the intent or effect of this Ordinance to legalize the distribution of obscene matter or materials. B. Special Permit Uses The following uses, known as Adult Ente:rtainment Establishments, shall require a Special Permit: (1) Adult Book Store (2) Adult Video Store (3) Adult Paraphernalia Store (4) Adult Motion Picture Theater (5) Adult Live Entertainment Establishment C. Special Permit Granting Authority: For the purpose of this section, the Special Permit Granting Authority is designated to be the Zoning Board of Appeals. D. Requirements: Special Permit applications for approval under this ordinance shall contain the following additional information: 1. Name and address of the legal owners of the Establishment and the property, as well as the manager of the proposed Establishment. 2. The total number of employees and/or independent contractors. 7-1 NoPomNorthampton Page 4of4 e CID, that [»pyngr� 2OD6 h�p�//N�PDRNNOuTMAmPTONDnG AUng�tseser*e� 6on orv/7 i — 7/6/2008 mow--,-�--,_--_----,—�� ~ ^ ^ — ' NoPomNorthampton Page 3 of 4 Neighbors of Porn Shop to Include Homes, School of Dance, Counseling Centers and Churches e- 3, iv Resources to Keep Porn Shops Out of Communities j u,- Leave a comment "Towns Use Zoning to Corral Submitted comments will be subject to Porn" `4 moderation before being displayed. Impact of Porn Shops on a Community Sample Ordinance on Sexually Oriented Business Regulation Wisconsin: County May Regulate Viewing Booths What Kittery Found at the Porn 1 c)t n,E Shop P u L", e i Recer-0, C-cmments, u i c k seea rc h S 1:r r iited to 3000 c1laracters S t, IUAIY -006 5 ".1 30 2 3 5 6 Submit Comment Cancel Check Spe flling A- July 2006 (17) http://nopomnorthampton.org/2006/07/06/pom-shop-buildinl)-permit-denied--city-requires-... 7/6/2006 now NoPomNorthampton Page 2of4 ente�ainmentest�bhs�menrs� the businessownerhes been in�orrned �hatfur�her �ermir1ing is re4uine� The business v,as dee ment baseU on izs wri�en descri��ion of �he opera�ion c� v{ewing bor�ha Zon}ng 1n �h�s a/e� for an ente�a�nmentes abhshmeotnequiresmore parking �� han /s proviUe� fora� l35 �ing S� (twice as much), If Back t-c Main Page �heownerwants e reduct�on, �hey must �ppearbefore the P|ann|ng Board— ifthey a1�em�� to seouma off-s}te Category Archi'ves, park�ng, theys�{|| need perm�ss|onfursh�red-use In eithereven�, chis requires a pub|icforum' at �hich I wou|dencouragea|| concernedNorthamptonresiden�s to fuUy eup! viewS Capital Video-Corporation (2) Debate on the Issues (2) Impact of Porn (3) �eanvvhi|e, you maywan1to reviem1he websi�s created by otherconcerned Nor�hampton -es iden�s� hrtp�//wwwnopuranor�ham�UonorQ/ Northampton News (4) Ordinances and Regulations (7) The Kittery Ex -perience (2) 4syou cen �magine, �h|s �sa comp|icated !ega| ma�er What You Can Do (1) The ci�y �s revewing the situabon -honough!y, and carefu||y, toensure �h�� he bus|nes"s pro�osa| |ndic�tes com�|iancew|ch ALLo|�y ordinanc E'S an� zoning ragu|abons Gven che |m�F,cLonthe surrmunU�ng n�ighborhuods, thecitycounoi| scons}der|ng �ny o||owab|e |egidadontharmighLmirig te �hede�rimen�a| r Liked Comments Atom 1.0 Entries RSS 2.0 Vote&See Results Comments RSS 2.0 Porn Shop Building Permit ��ec�� on �heromn�unity Denied - City Requires Further '��L"� Review�wrProposal ^ ~~�^^~~~~'^~ Trackback specific URL for this entry Thursday, ]u|yD6, 2DD6 Save the�Date:�Northampton / Notrac�bac�s exisLforc�is encry City Council Meeting onJuly 20, ' 7:1Spnm Thurod�y, ]u|yD6, 2OO� Blaine, Washington Compels Existing Adult Business to Move or Shut /=��'�� |VVedneyday' ]u|yO5, �DO� � ~~^~' ' ^' ~ '~` ^�~ http://nopo=orthampton.org/2006/07/06/pom-shop-buildinl),-pennit-denied--city-requires-... 7/6/2006 NoPornNorthampton Page 1 of 4 u r "' i .,:awe;,„ No Porn Northam pton Weicome Porn Shop Building Permit Denied - CY r C Re uires Further Revi ew � . for "Proposal h ."Ed, e o jam: _ i w, t a d Northampton News Ordinances and press release mo�e Regulations, t You n ,i _u u:.L =.nolor Marilvn_Richards � . ,_ Contact Mayor Clare Higgins. Contact your_City_Councilor. e - feu Write a letter to the Daily Hampshire Gazette. M Attend the next regular City w Council Meeting (July 20). t,: ... " '3` _ http://nopornnorthampton.org/2006/07/06/porn-shop-building-permit-denied--city-requires-... 7/6/2006 � ��tiD File#BP-2006-1395 APPLICANT/CONTACT PERSON ANTHONY E NOTZ �.. ADD SS/PHONE 780 RESERVOIR AVE CRANSTON 01 464-4800 PROP1~RTY,LOCATION 135 KING ST MAP 3113 PARCEL 051 001 ZONE HB THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECF:LIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building Permit Filled out Fee Paid 7EM 97,33 Typeof Construction: CONSTRUCT PARTITIONS,NEW BATHROOMS&CEILING IN RETAIL AREA, NEW HVAC New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Statement or License 042250 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION P SENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER:§--//. -3 a Intermediate Project: Site Plan AND/OR Special Permit With Site Plan Major Project: I/ Site Plan AND/OR_j,,,e _Special Permit With Site Plan SACK'S IleolvoJS ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* 18 Received&Recorded at Registry of Deeds Proof Enclosed iQPr��Tia-� Other Permits Required: Curb Cut from DPW- Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Stre ommission 'tj ,- ,., Signature of Building Official Date Note:Issuance of a Zoning permit does not relieve a,applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. *Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning&Development for more information. Now