WHATELY — The Planning Board voted unanimously Tuesday to rescind a vote taken late last month that would have possibly opened up having more adult entertainment businesses in town.
Instead, the town will go back to the table of use section of the town bylaws prohibiting such businesses, except for Castaway Lounge, which is grandfathered in.
Planning Board Chairman Donald Sluter said the July 31 decision, altering the bylaw to allow adult entertainment in industrial zoning areas and by special permit only, was made because board members believed it was urgent to do so. They voted to rescind that vote after learning that was not true, and Sluter said they should have first consulted with town counsel.
Tom Lesser, the local attorney representing the two Boston businessmen interested in buying the strip club from Demetrious “Jimmy the Greek” Konstantopoulos, has previously threatened possible litigation about the more restrictive bylaw.
Sluter read an email from Roger P. Lipton, who is a Zoning Board member but was writing as a citizen and lawyer only.
“My understanding is that there has been a suggestion the town could be sued for not having other locations where adult entertainment is allowed,” the email reads. “I consulted with Michael Pill, a partner in my office. Michael is the author of the four-volume set on real estate law in the Massachusetts Practice series published by West. Together we have well over 60 years of experience. Neither one of us has ever heard of a suit being brought on the grounds alleged by Attorney Lesser’s clients.
“Equally important, even if such a suit were viable, it is our opinion that the town should not cave in to the threat of a lawsuit in these circumstances,” the email continues. “The town has done nothing wrong. It should ‘stick to its guns’ and make its planning decisions based of what is best for the town.”
According to Lesser’s Northampton law firm, he is out of the country until Wednesday. However, he has said the bylaws might violate the First Amendment, saying the town cannot stop the club because it’s a matter of free speech for the nude dancers.