NORTHAMPTON, Massachusetts – The city has granted a building permit that allows renovations to convert the storefront at 135 King St. into a controversial adult video and sex products store.
“They can proceed with the construction work they’ve detailed on the permit,” local inspector Louis Hasbrouck, said yesterday.
Capital Video Corp., based in Cranston, R.I., also has received approval from the Fire Department for a fire protection system.
Although the building permit approval means Capital Video now can proceed with its planned $41,000 in renovations, some risk would be involved because a pending lawsuit seeks to reverse the city’s approval of the project.
“Whatever happens at the end of the appeal period, they’ll have to deal with,” Hasbrouck said. “They can proceed at their own risk.”
Local couple Michael A. Kirby and Lucille J. Stone, of Summer Street, vocal critics of pornography, filed a lawsuit last month in Land Court appealing the Northampton Planning Board’s decision. The suit claims the board violated city ordinances in approving the project.
The planned renovations are not extensive, Hasbrouck said. Once they were completed, Capital Video still would have to receive a certificate of occupancy. Lesley S. Rich, Capital Video’s lawyer, could not be reached for comment.
Capital Video, during its battle with opponents of the planned store, has had to alter its original plans.
In November, the City Council approved three zoning amendments that restrict and regulate sex-oriented businesses in the city.
The ordinances limit the display area of sex-related material in most city zones to 1,000 square feet or less, prohibit sexually graphic content on store signs, and prohibit private booths for viewing sexually explicit materials.
Following months of public hearings, the Planning Board granted site plan approval in December.
Capital Video has stores throughout New England that sell sex magazines and DVDs, sex toys and other sex-related merchandise.