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HomeMy WebLinkAbout1998-10-07 TOWN OF DANBY PUBLIC HEARING MINUTES OCTOBER 7 , 1998 Public Hearing - Telecommunication Towers PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman , Howard Steiner , Naomi Strichartz Others Present : Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Mem b Mary Oltz, Esther Dotson Public Hearin ¢ Declared Open : Supervisor Kenneth Horst declared the Public Hearing open at 7 : 00 P . M . and read the following "Notice of Publication" : " PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Danby on Wednesday, October 7 , 1998 at 7 : 00 P . M . at the Danby Town Hall , 1830 Danby Road , L Ithaca, New York to consider the adoption of a of the Town f Danby GHTY entitled ( 180) DAYS LAW EXTENDING FOR AN ADDITIONAL NE MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS " . Any resident of the Town of Danby is entitled to be heard upon said proposed Local Law at such public hearing either in person or in writing. Copies proposed Local New York during egulari office hours .lew at the Town Clerk ' s Office at 1830 Danby Road, Ithac A Special Meeting of the Town of Danby Town Board will follow the public hearing . By order of the Town Board Carol W . Sczepanski , Town Clerk Dated : September 22 , 1998 Published : September 24 , 1998 " No public in attendance addressed the public hearing . Public Hearing Declared Closed : Supervisor Kenneth Horst declared the Public Hearing closed at 7 : 05 p . m . atiS) /494611; Carol W . Sczv• . ski , Town Cleric phm l - 10- 7 . 98 947 TOWN OF DANBY PUBLIC HEARING MINUTES OCTOBER 7, 1998 Public Hearing - Adult Entertainment Businesses Extending Moratorium PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present: Carol W. Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public : Mary Oltz, Esther Dotson Public Hearing Declared Open : Supervisor Kenneth Horst declared the Public Hearing open at 7 : 05 P . M . and read the following "Notice of Publication" : "PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Danby on Wednesday, October 7, 1998 at 7 : 05 P . M . at the Danby Town Hall, 1830 Danby Road, Ithaca, New York to consider the adoption of a local law of the Town of Danby entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY DAYS A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES ". Any resident of the Town of Danby is entitled to be heard upon said proposed Local Law at such public hearing either in person or in writing . Copies of proposed Local Law are available for review at the Town Clerk' s Office at 1830 Danby Road, Ithaca, New York during regular office hours . A Special Meeting of the To of Danby Town Board will follow the public hearing. By order of the Town Board Carol W . Sczepanski, Town Clerk Dated : September 22, 1998 Published : September 24, 1998 " Members of the Public : Mary Oltz addressed the Board and reported that she thinks that this moratoria is necessary. Esther Dotson addressed the Board and reported that she approves of the local law. Public Hearing Declared Closed : Supervisor Kenneth Horst declared the public hearing closed at 7 : 08 p .m . /47 )9 L / Carol W . Sczep . y Town Clerk II, phm2- 10 7 . 98- ti� o c Town Board Minutes 1 Special Meeting October 7 , 1998 TOWN OF DANBY TOWN BOARD MINUTES OCTOBER 7, 1998 Special Meeting PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present : Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public : Mary Oltz, Esther Dotson Supervisor Kenneth Horst called the Special Meeting of the Town Board to order at 7 : 15 p . m . The purpose of the meeting is to consider the adoption of two local laws : 1 ) A Local Law Extending for an Additional Ninety (90) Days a Moratorium for the Establishment of Adult Entertainment Businesses ; and 2) A Local Law Extending for an Additional One Hundred Eighty ( 180) Days a Moratorium for the Construction of Telecommunications Towers . RESOLUTION NO . 53 of 1998 - ADOPTED RESOLUTION ADOPTING THE LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY (180) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS By : Councilperson Gagnon: Seconded by Councilperson Steiner WHEREAS, a resolution was duly adopted by the Town board of the Town of Danby for a public hearing to be held by said Town on October 7 , 1998 to hear all interested parties on a proposed local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY ( 180) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS : , and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal , and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law is a Type II action and therefore not subject to environmental review under SEQR; NOW, THEREFORE , be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY ( 180) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS" , a copy of which is attached hereto and made part of this resolution ; and it is further RESOLVED , that the local law or an abstract or summary of same be published in the Ithaca Journal as soon as practicable after its adoption ; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. . , , ei49 Town Board Minutes Special Meeting 2 October 7, 1998 TOWN OF DANBY LOCAL LAW NO . 3 OF THE YEAR 1998 A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY ( 180) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS Be it enacted by the Town Board of the Town of Danby as follows : e S coon 1 Findings and Purpose . The Town Board of the Town of Danby finds : 1 . The Town of Danby adopted Local Law No . 2 of the Year 1998 providing for a moratorium of one hundred eighty ( 180) days on the construction in the Town of Danby of telecommunications towers as defined in such local law. 2 . Since April 13 , 1998 , the date the Town Board voted to adopt such local law, the Town has investigated the types of regulations it might wish to have in the Town, has explored the possibility of hiring a consultant for assistance in drafting such legislation, has continued to work with the only known applicant who is presently interested in installing a new telecommunications antenna in the Town by co-locating such antenna on an existing telecommunications tower, and in general has made progress towards identifying the need for regulations and the possible manner of proceeding on enacting same . 3 . It is anticipated draft legislation may be prepared within the next several months and upon completion of such draft, the matter will be submitted for review to the Town Board . Upon completion of the review by the Town Board the proposed legislation will be referred to the Planning • Board as required by New York State law for review and recommendation to the Town Board. Upon completion of the Planning Board ' s review it is anticipated that the legislation will be referred to the Town Board for final action. 4 . It is anticipated that this process of drafting legislation, review by the various Town bodies and final action can be completed within one hundred eighty ( 180) days of the expiration of the original one hundred eighty( 180) day moratorium . 5 . The purposes of any new legislation would be significantly subverted if a new telecommunications facilities were to be constructed before appropriate legislation could be carefully studied and, if found desirable, enacted. 6 . Accordingly, in order to maintain the status quo relative to such telecommunications facilities during the limited additional time the Town needs to review and adopt any appropriate legislation, it is necessary to extend the previously adopted one hundred eighty ( 180) day moratorium for an additional period of one hundred eighty ( 180) days . Section 2 . Amendment of Local Law No . 2 of the Year 1998 . The Local Law No . 2 of the Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law by deleting wherever it appears in said Local Law the phrase or phrases " 180 days", "one hundred eighty days, and one hundred eighty day" and inserting in place of such phrases the phrases "360 days" , three hundred sixty days" and "three hundred sixty day" . Section 3 . Applicability. This local law shall apply to all areas of the Town of Danby. pp Y Y Section 4 . Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 5 . This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal . r- 0J L 3 Town Board Minutes Special Meeting October 7 , 1998 RESOLUTION NO. 54 OF 1998 - ADOPTED RESOLUTION ADOPTING THE LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT FACILITIES By Councilperson Gagnon : Seconded by Councilperson Stiener WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public l hearing to be held by the Town on October 7 , 1998 to hear all interested parties on a proposed local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS A 1 MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES " , and WHEREAS, a notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental quality Review Act) it has been determined by the Town Board that adoption of said proposed local law is a Type II action and therefore not subject to environmental review under SEQR: NOW THEREFORE, be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca Journal as soon as practicable after its adoption; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. TOWN OF DANBY LOCAL LAW NO . 4 OF THE YEAR 1998 A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . Findings and Purpose . The Town Board of the Town of Danby finds : 1 . The Town of Danby adopted Local Law No . 1 of the Year 1998 providing for a moratorium of one hundred eighty ( 180) days on the establishment in the Town of Danby of adult entertainment businesses as defined in such local law. 2 . Since April 13 , 1998 , the date the Town Board voted to adopt such local law, the Code Enforcement Officer of the Town of Danby has prepared a study on the effects of adult entertainment businesses on surrounding properties and draft legislation is in the process of being prepared for submission to the Town Board for consideration. 3 . Upon completion of the review by the Town Board the proposed legislation and related study will be referred to the Planning Board as required by New York State law for review and recommendation to the Town Board. Upon completion of the Planning Board ' s review it is 951 anticipated that the legislation will be referred to the Town Board for final action. 4 . It is anticipated that this process of review by the various Town bodies and final action can be completed within ninety (90) days of the expiration of the original one hundred eighty ( 180) day moratorium. 5 . The purposes of any new legislation would be significantly subverted if an adult entertainment business were to be established before appropriate legislation could be carefully studied and, if found desirable, enacted . 6 . Accordingly, in order to maintain the status quo relative to such adult entertainment businesses during the limited additional time the Town needs to review and adopt any appropriate legislation, it is necessary to extend the previously adopted one hundred eighty ( 180) day moratorium for an additional period of ninety (90) days . Section 2 . Amendment of Local No . 1 of the Year 1998 . The Local Law No . 1 of the Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law by deleting wherever it appears in said Local Law the phrase or phrases " 180 days", "one hundred eighty days", and one hundred eighty day" and inserting in place of such phrases the phrases "270 days", two hundred seventy days" and "two hundred seventy day" . Section 3 . Applicability. This local law shall apply to all areas of the Town of Danby. Section 4 . Partial Invalidity . If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 5 . This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal . ADJOURNMENT : On a motion the meeting adjourned at 7 : 20 P . M . daill Carol W. Scze ansk ,wn p Clerk spm- 10-7 . 98 1