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Home My WebLink About1998-05-15 6'� 5 J 9 Planning Board Minutes 1 April 15 , 1998 TOWN OF DANBY PLANNING BOARD MINUTES APRIL 15, 1998 PRESENT : Chairperson Arch Dotson Planning Board Members : William Farrell , Laurene Gilbert, Linda Hansen, Robert Roe, Linda Hansen, Nancy Weitzel Others Present : Code Enforcement Officer - Susan Beeners Secretary - Carol Sczepanski Rebecca Lubin - Tompkins County Circuit Rider Thomas Chefalo The meeting was called to order by Chairperson Dotson at 7 : 05 . Susan reported that the Sketch Plan Review for a property on Makarainen Road on the agenda has been withdrawn . Status Reports : Adult Entertainment : Susan Beeners presented a working draft for an Adult Entertainment Use Study dated 4/ 15/98 and explained the document and boundaries of existing commercial zones in detail . Attached was a copy of Town of Danby Local Law No . 1 of 1998 entitled "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS " , adopted by the Town Board on April 13 , 1998 . Susan said that locations must be identified where adult entertainment businesses may be allowed . A municipality may not prohibit adult entertainment businesses but may establish boundaries for distance from neighboring properties . Chairperson Dotson reported to the Board he has scanned through materials of studies that have been made. He summarized his research as follows : -- base regulation on content of either materials or related services ; -- there must be no purposeful attempt to regulate speech ; -- must focus on potential secondary effects or impacts (not on content) i . e . certain crimes would be increased, prostitution might be encouraged, traffic aesthetics, property values , neighborhood character, creation of dead zones , etc . - - you cannot abridge guarantees of the first amendment ; (not intentionally) -- it cannot be overly broad ; - there must be a demonstration of a substantial governmental interest in the health, safety and welfare of residents and property values as well ; -- must never be located nearer than reasonable distances from each other and from sensitive uses ; - must allow for reasonable alternative avenues of expression ; -- there must be someplace where these adult entertainment businesses are permitted ; -- regulation cannot be imposed without a prior study ; Chairperson Dotson reported to the Board on court case studies regarding sexuality oriented businesses. He said that he would like to have a draft document ready to review next month. There is enough information available and copies can be made available for the Board to review. Susan Beeners said that the next step is to gather material for an actual ordinance with a complete study ready for the May meeting . Introduction of Interim Circuit Rider Rebecca Lubin introduced Thomas Chefalo to the Board . Tom will be sitting in on meetings until the County hires a new Circuit Rider. 530 Planning Board Minutes 2 April 15 , 1998 Telecommunication Towers Olivia Vent reported that she contacted Rusty Monroe regarding addressing the Town Board and Planning Board Committee Meeting . Rusty Monroe would be glad to come and it would require a special meeting. The cost to the Town for Mr. Monroe to come to a meeting would be mileage and meals . Susan Beeners reported that the Town Board would discuss the issue of inviting Rusty Monroe with the Town Board the April 22nd Meeting . We may want to hear what they have to say to at least to used as a comparison . She reported that at the Monday, April 13 , 1998 Meeting of the Town Board that there was a revision to the Local Law for moratorium on cell towers to permit the installation of new antennae on existing towers as long as the height was not increased . This was necessitated by an application for co-location for the installation of a new panel antennae on the existing tower on Durfee Hill . There will be some level of review process . The applicant must go before the Board Zoning Appeals for a modification of the height variance . Public Survey : Bob Roe reported that we have been unable to generate a comprehensive sampling frame on a mail basis, address basis, or telephone basis for the comprehensive plan survey. He suggested that we do an accidental sample by mailing the surveys out to every household in the community . It will render the information received as anecdotal . The survey questionnaire can be distributed in the July issue of the Danby Area News . To encourage a high return rate we could enclose a self addressed envelope . Not all of the distribution of the Danby Area News is in the Town of Danby . If we use the Danby Area News we will need help with the preparation and mailing. In terms of follow up we will need posters , notice on the bulletin boards , and possibly spots on the radio stations reminding residents to return their surveys . How we do the survey will depend on how much money the Town Board will fund for the project. The cost will be approximately $400 for postage and return envelopes . We will need to allow extra time for returns as many residents vacation during July and August. Rebecca Lubin said that she has promised some information that she has not supplied as yet. She said that she had agreed to supply a copy of sample surveys for questions and information and would check with Cornell for statistic courses where there may be help from students . The Board discussed how the analysis of the survey could be done, at what cost and by whom . Susan Beeners said that she get copies of sample surveys from of surveys from other townships from Rebecca and will copy them for the Planning Board and the Town Board to review for the April 22nd meeting. Chairperson Dotson reported to that we have a comprehensive plan work session scheduled with the Town Board for April 22 , 1998 . He proposed that the Planning Board continue with the review of the changes in the work schedule and other changes in our comprehensive plan at our May 20 , 1998 meeting . Susan Beeners said that it is possible that there would be a sketch plan review for the May 20 1998 meeting. Also on the agenda will be information on proposals for Local Laws on cell towers, adult entertainment and the comprehensive plan . She suggested that in regard to the meeting with the Town Board we should have a discussion of priorities . She thinks that the survey should move along. In looking in the proposed budget for the comprehensive plan she does not see any big changes from the original work scope . The Board should get the survey going, let County Planning take time in doing basic inventory maps of Danby, basic statistics for this is Danby and pull together things that are at their reach but not at ours . After the survey has been returned and analyzed we can proceed and will know if there should be any changes . Corrections to March 25, 1998 Planning Board Minutes Page 3 ) Danby Needs Survey --delete the word (it) Delete the word (anadotal) and insert anecdotal c 531 Planning Board Minutes 3 April 15 , 1998 Approval of March 25, 1998 Planning Board Minutes A motion was made by Laurene Gilbert and seconded by Nancy Weitzel to approve the March 25 , 1998 Planning Board Minutes as corrected . A vote on the motion resulted as follows : Carried Unanimously Thomas Chefalo introduced himself to the Board and gave a little of his background information . He was hired by Tompkins and has worked at the Tompkins County Planning Department since November of 1996 . He is responsible for the ( Geographic Information System) GIS , the computer supports systems and for working on the Natural Resource Inventory . The Natural Resource data will be published in the future. He is working on the Commercial Center Revitalization Program a County Grant Program . Rebecca Lubin said that with Tom ' s background and experience in planning and with GIS getting information and statistics that he would be a good replacement for her here in Danby. He will be able to do the mapping issues and gathering of background information and statistics while the survey is going on. Adjournment: On a motion the meeting adjourned at 9 : 15 P . M . min-4- 15 . 98 Carol WW W . ScapFanski , Secretary