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HomeMy WebLinkAbout1999-03-18 TOWN OF GROTON PLANNING BOARD Public Hearing Transcript - Thursday, 18 March 1999 Members, Groton Planning Board (*Absent) Others Present *George Totman, Chairman Joan Fitch, Recording Secretary Monica Carey Jeffrey G . Pomeroy, Town Attorney *Cecil Twigg Kim & Jeff Langer, Applicants George Van Slyke Scott Chatfield, Applicants' Attorney Verl Rankin Sheldon Clark *Van Travis Others Present (As Attached Hereto, reference Document #4, 2 pgs.) The meeting was called to order at 8:00 p.m. by Acting Chair Carey. M. Carey: Okay, it's eight o'clock and we'd like to start the meeting. G. Van Slyke: I have an announcement to make from our Supervisor about the lighting outside . They've had problems with the lights and they are sorry they are not working tonight. We're sorry for the inconvenience in the parking lot. At this time, because this is a Special Meeting of the Planning Board, and the fact that our Chairman is not present, and has excluded himself and one other member has excluded himself, I would like to again appoint Monica Carey as our Acting Chairman for this evening's proceedings. S. Clark: I will second the motion. G. Van Slyke: All in favor? (Every Planning Board Member present indicated in the affirmative .) Monica, it's yours. M. Carey: Okay, I'd like to read the Public Hearing that was posted in the paper. 'Town of Groton. Notice of Public hearing. Please take notice that a Public Hearing will be held by the Planning Board of the Town of Groton on March 18, 1999 at 8 p. m. at the Groton Town Hail, Groton, NY, regarding the final site plan application of Sirens, LLC, regarding premises located at 2 McLean-Cortland Road, Groton, NY Parcel ID No. 38-5- 10. Any resident of the Town of Groton is entitled to be heard at such Public Hearing by order of the Planning Board of the Town of Groton. Monica Carey, Acting Chairperson. In order to ensure that everyone who is desiring to be heard will be heard, we are asking to limit the speaking time to three minutes. We also ask that those who wish to speak do not repeat the same concerns as a previous speaker, but provide the Board with additional, new information . We also ask that each speaker approach the microphone provided, speak your name clearly, and make your comment in the . allotted time . We thank you for helping us to provide an orderly and informative Public Hearing on this matter. And I'm going to ask the secretary to time these speeches. This is Mr. Chatfield and he's representing the Sirens people . S. Chatfield: Thank you Madam Chairwoman , members of the Board . As you indicated, my name is, for the record, is Scott Chatfield . I'm an attorney appearing here this evening on behalf of the applicant. This is a Public Hearing on the site plan application for an eating and drinking establishment pursuant to your Code. I guess I would ask one thing procedurally. I understand that there has been received by the Board a copy of a recommendation from the County. M. Carey: Yes. S. Chatfield: I wonder if we could have that either read or just simply introduced into the record, either way. M. Carey: We have a copy (Document # 1 , as submitted) . Page 1 of 9 Town of Groton Planning Board Public Hearing 18 March 1999 S. Chatfield: May I approach? Just for the record, this is the Tompkins County Department of Planning, dated February 25, 1999, Site Plan Review for Sirens eating and drinking establishment. It says, Pursuant to 239 1 and m of the General Municipal Law, the proposal as submitted will have no significant deleterious impact on intercommunity, County, or State interests . Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. " They then go on to add comments which, as the Board I am sure is aware, but for the public information, are advisory only and are not mandatory under the 239 1 and m requirements. First, dealing with vehicle and pedestrian safety, the general aesthetics would be improved by clearly defining the site entry and exit locations. Then it goes on to give some examples. In paragraph two , and I'm going to submit this the report for inclusion in the record, "Number 2 . Clearly defining access driveways would also allow for better management of the parking area, which should yield additional parking spaces to help ensure that onsite parking is adequate . " As you mentioned, Madam Chairwoman, this is a Public Hearing and I don't know that I have an awful lot to add. We're here tonight in the event that questions arise that the Board would like us to respond to . I will say, for the benefit of the Board and the benefit of the public, it is my habit in these cases not to respond directly to questions from the audience, and I have instructed my clients not to do so. If an issue or question arises that the Board would like to have an answer to, you address the question to us, and we will do our best to try and answer at the appropriate time . With that, I guess we're here to hear the public, so I'd like to sit down, shut up , and let the public say what they'd like to say. M. Carey: Thank you, Mr. Chatfield. E. Burin: My name is Elaine Burin and I live on School Street in McLean . Throughout this entire process, I have been waiting for the Langers or their backer to speak of their plans for this eating or drinking establishment. Most legitimate business owners are proud to share this information. As a matter of fact, it's my understanding that it's rather unusual for a lawyer to do all the talking in these presentations . I' eager to have a clean, quiet, well-operated family restaurant in that location . Years ago, I read a book by Grace Perlee Howe where she reminisces about McLean and talks about the fact that it was a rather prettier-than-usual village , and a goodly place in which to grow up . And I've had that as a recounting from my neighbors who grew up there and raised children there . We bought our apartment there because we saw a . resurgence in the community. People restoring their homes. Businesses like Patchwork & Pies and Randolph Pump that not only take pride in the way they operate, but also in maintaining the historic character of the community. We bought our apartment building in good faith , hoping that we would continue to preserve it and , at the same time, have a return on our investment. We live in a home with a wonderful history. A home that deserves to be maintained and preserved, but we are now is a situation where the appraised value has already diminished and we hesitate to invest any more. All we've ever asked for in this situation was the opportunity to live in a safe , secure community . Sirens has not allowed us to do that. Scott Chatfield has continually reminded us that there will be no changes, and that he really doesn't care about the people of McLean. I assume this means there will be change in the way Sirens is operated, no change in their blatant disregard for the neighborhood . I assume that means no change in the type of clientele. (Timer indicates end of 3-minute speaking limit.) We're asking for a contingency that there be trees planted around the perimeter of this property to buffet the noise, and I'll give you a copy of this so you know why we're coming up with that proposal (Document # 2, as submitted) . And also that there be a contingency that all doors and windows must be left closed at all times. M. Carey: Okay, thank you very much. E. Munson: Good evening. My name is Elizabeth Munson, and I reside in the Hamlet of McLean . My home is only four buildings away from Sirens, formerly known as the Elm Tree Inn. I would like to address the issue of lack of information regarding the Langers' intentions . Several months ago, Planning Board Member George Van Slyke touched on this very issue. We do not have enough information on the type of business the Langers will be conducting. As for it being a restaurant and bar, the Langers themselves have been quoted in this very article as saying, "Based on building expenses, there is no way this site could be a regular diner or restaurant. Nude dancers are a marketing strategy to draw in customers, and it's working. I am in business to make money, and part of that means finding a marketing strategy that no one else in the area is doing. " ,Since they stated this, I am convinced an eating and drinking establishment is not what they intend to have in the present building. Nude entertainment has been their dream occupation, and we need to know if that is still what they plan on having in the Elm Tree . Our little hamlet of McLean has been marred and made Page 2 of 9 1 Town of Groton Planning Board Public Hearing 18 March 1999 a mockery of since the Langers entered it. We are strong, and the very fact that other places such as Dryden, Ithaca, Trumansburg, and Lansing have acted to prevent such places opening in their communities shows that our concern over such establishments is valid and very important. McLean does not stand alone . We do not want nude entertainment in our community. M. Carey: Thank you. W. Drew: My name is Bill Drew. I live on Wood Road just outside of McLean. I have been a resident of McLean for about fourteen years now. There have been several times while Sirens was in operation that I drove by there and there were girls standing in the doorway. I've called and talked to the proprietors more than once about that and they finally did something about that. After that, after the jury came to the verdict that they were not guilty, but not innocent either, they were out there doing some work and one of their girls was out there with their top down flaunting her attributes to the whole world . I had my daughter in my care taking her to baseball practice in Dryden. I drive through McLean at least once a day past there . And I have friends and family that have been in the hamlet of McLean all their lives. My grandparents on both sides of my family are from the Groton area or Dryden area and have told me what this area was like when they were younger. My grandmother went to school in an old schoolhouse that was about a mile or two outside the limits of McLean. And she's quite upset when she hears what's going on . And I don't think we can trust them to be putting in an eating and drinking establishment. There's much evidence to the contrary that they don't really give a damn about the community. They're not members of the community, and I would love to see this opening up in Tully next to their lawyer's house and see how he would feel about that. Thank you . M. Carey: Thank you. M. Perkins: Madam Chairwoman, Planning Board . My name is Mahlon Perkins. I'm an attorney in Dryden and I am here on behalf of Van Travis and Clara Travis. And Mr. Travis is out of town and has asked me to read his remarks into the record. Unfortunately, it is going to take considerably more than three minutes. I would assume, since I'm speaking on behalf of two people, I can double that time , and if that's not enough , I think I can ask members of the audience for their time and I think I can find enough people that I can deliver this in its entirety. I think what he has to say is pertinent, and I hope you'll bear with me if it runs over that time. "I am Van Travis of McLean, New York, one of the co-owners of the property at 3 Stevens Road, and . . . in the application before you. I am unable to attend this evening and am having Mahlon Perkins, Esq. read my comments into the record. I believe that you have a most difficult case before you . On the surface is a simple request for an eating and drinking establishment or what we commonly would call a tavern . and restaurant, which is what the Elm Tree has been for over a hundred years. We of McLean were looking forward to seeing the Elm Tree Inn reopen ever since Joe and David Bail (sic?) close down their operation. Each rumor of a possible purchaser created excitement in the town with the hope that the Inn would be restored to its previous status as a good restaurant and tavern. My wife and I , who operate the business next door to the Elm Tree Inn, have been especially desirous of having a restaurant there as our customers very much need a place to eat, especially lunch . You can imagine our disappointment when what we got was a strip joint. The application before you , taken at face value, does not propose anything to which I have any objection. Therefore, I can stand here and say without equivocation that I fully support the establishment of a restaurant and tavern at the proposed site. It would be an economic asset to McLean and to the Town of Groton . (Three-minute time limit expires.) However, I strongly believe that this application is a sham put forth in a scheme by Mr. Chatfield in which there is no intention of operating anything even remotely resembling an eating and drinking establishment. Mr. Chatfield has told several people that there is no expectation on his part, or the Langers, that approval will be granted, and that it is his desire to appeal the Town Code on sexually oriented businesses to have it declared unconstitutional and, beyond that, he will sue the Town of Groton on behalf of his clients for eight to ten million dollars, making both him and them very wealthy and the Town of Groton bankrupt. How disappointed they would be if you granted them approval. I believe the Langers have no desire to do anything that would involve the investment of time, money, and effort necessary to operate a restaurant. As they have openly testified under oath in public proceedings in which they have been involved, they have consciously chosen the area of adult entertainment as their field of endeavor, in the same way that others might choose to operate a gas station, convenient store, dry goods store, or dry cleaning service . The eating and drinking establishment which they did operate for approximately a year at the site under consideration never offered, as near as anyone can determine, any food to eat. My own visit to the establishment in December of 1997, sitting in the area of the bar Page 3 of 9 Town of Groton Planning Board Public Hearing 18 March 1999 for approximately one hour, never revealed so much as a potato chip, pretzel, or even Mr. Chatfield's famous pickled egg. Also, sworn testimony in court by a number of people who visited Sirens never mentioned anything to eat. Investigation by the New York State Police revealed a kitchen that was filthy, the stove was not connected to a power source, and the refrigerator was not plugged in. Given all of this, it seems highly unlikely that the Langers will suddenly be possessed with the zeal for all the hard, sweaty, and unglamorous work associated with the restaurant business as opposed to the relative ease of an adult entertainment business where the workers pay the owners for the privilege of performing. As you consider your decision, there are a number of things that you need to know. I am going to mention several. Fast, the sketch plan that was submitted to you is inaccurate in its representation on the existing conditions of the property. The drawing was produced in 1970. Since that time there's been a major fire at the Inn rendering this rendition obsolete and unrepresentative of the modifications made since that time . The location of the dumpster on the sketch plan is not where it presently exists nor where it has ever existed since the Langers have occupied the property. I believe that you have received additional drawings from what were presented at the November meeting. The floor plan that has been submitted is also of questionable accuracy. We know from sworn public testimony that the facility contains a stage for entertainment performances and lap dance booths . Neither appears on the drawings. While their existence is not pertinent to Site Plan Review, it does raise the question again of whether information provided for your review and consideration is accurate and truthful. I would recommend that you dispatch the Town of Groton Enforcement Officer to the site to determine whether the information before you is true and accurate . Second, I believe that you are lacking the common, normal information that is necessary for you to render a decision regarding this application. As previously stated, you have a sketch plan created by the applicants that is inaccurate and about which they are unable to reasonably respond to your questions despite having occupied and operated on the property for a year. It is normal to ask for a description of their general plans of operation, a business plan if you will. They don't have one . They don't know whether it will be a sports bar, a dance bar, a fine French restaurant, a gay bar, a bikers bar or, might I suggest, a nude bar. I maintain that it defies credibility that anyone generally plans to enter into business and has no idea about what they plan to do. We have heard Mr. Chatfield bellow, bluster, and obfuscate about trade secrets and competitive advantage . With regard to all the alternatives for an eating and drinking establishment, competition abounds in the Cortland-Ithaca area, and this contention regarding the need for secrecy is pure deception. Each of these alternatives that I have described inherently carries with them different affects upon the site and the adjoining neighborhood. Without any information regarding operational plans, you are unable to decide if the activity is compatible with the neighborhood and how you must restrict the activities through the permit process to insure compatibility between the business and the primary residential nature of the zoning district. Any other applicant who stonewalled the Board as Mr. Chatfield has done would be sent packing. I recommend that you do the same with him. When he is willing to provide you with the necessary information, you should be willing to consider the application . Your other alternative, of course, is to restrict the approval so that they are left with no alternative except to offer a legitimate eating and drinking establishment. Third, Mr. Chatfield has testified that it is their plan to open without so much as moving a pebble, driving a nail , or disturbing an iota of earth in reoccupying the facility. Let me start off by suggesting that they need to move the dumpster if they want the sketch plan to represent the existing conditions. The suggestion that they are going to operate a restaurant, or use a more common term, without doing anything to the premises when they are moving into a building that has no electricity, no natural gas, no propane service, no running water, and no heating or air conditioning, and has laid empty for months during sub-freezing weather, is contrary to what we know will be the case . The kitchen we know is not operational and has no means by which to prepare food. For this facility to become an eating and drinking establishment, the ZBA definition of such notwithstanding, will require major work. Those of us who are knowledgeable of the property believe that the Health Department approval for food preparation and service is impossible without major structural renovations to prevent access to rodents and insects. Mr. Chatfield's contention that there will be no construction or renovation activity seems impossible if they are to operate an eating and drinking establishment. I believe that the probability that these people would open a restaurant is essentially zero and that is why they have refused to discuss their plans for a restaurant with you . They have none . This is just further evidence that the application before you is a sham. The information provided, and the testimony given by the applicants, contradicts itself and therefore you are unable to make a reasonable decision without clearer and more precise information. Fourth, I believe it is clear that the only business that the Langers have any interest in operating at the Elm Tree Inn is one that they previously operated—a totally nude dancer juice bar. I believe that Section 317.2 of the Town's Zoning Code prohibits that activity in the M- 1 District in which the Elm Tree is located. That section of Page 4 of 9 Town of Groton Planning Board Public Hearing 18 March 1999 the Code was enacted prior to the date of the application that is before you, and it prohibits the type of activity that the Langers previously conducted at the site . In further support of my contention , the Langers plan to continue the operation of a nude dancer juice bar, I refer you to their statement on the Short Environmental Assessment Form, Item 6. They state , in response to the request to describe the project briefly, "Reopen eating or drinking establishment without any changes whatsoever. " How much plainer can their intentions be? If they were to open a restaurant, it would not be a real thing, as no restaurant previously existed. If approval for an eating and drinking establishment is given, it is essential that the Special Permit specifically reference the prohibition of an sexually oriented business at the site. Fifth, I would call to your attention that nowhere in the record is their evidence of the Langers, who are the applicants, having proceeded in the proceeding other than to beat the present. While I would be the last to deny them legal counsel, the fact that they have not uttered a single word in all of these proceedings indicates strongly to me that the true applicant here is not Jeffrey or Kimberly Langer, but rather Mr. Chatfield . He has stated to others his intention to use this case to advance his practice and to increase his financial well-being by suing and bankrupting the Town of Groton. I would also note that he was quoted in the Syracuse Herald American that he is working on this case without pay. Perhaps the Langers are his cousins and therefore his willingness to work pro bono . But I've heard nothing to suggest that. Thus it seems clear that what the people of McLean , the Town of Groton, and the State of New York, and all those associated with this case are being subjected to is a thinly veiled attempt by Mr. Chatfield to advance his own personal interests. Lastly, this site plan process requires an Environmental Review without any questions are raised as to noise and other external events which would have an effect upon the surrounding area. Seemingly such an eating and drinking establishment as proposed here would have little affect outside the confines of the building. However, such has not been the case during the period the Langers have occupied the property. Again, let me point out the Langers' response to Item 6 of the Short Environmental Assessment Form, which states Reopen eating or drinking establishment without any changes whatsoever. Let me tell you what without any changes whatsoever means to us of McLean by reciting a long list of incidents of the past year. Mr. Chatfield noted 20 to 30 noise complaints over the course of a year that he claims were baseless. They were baseless if you live in Tully. But if you live in downtown McLean and are trying to sleep at 1 a.m. , they are very much a reality. A law enforcement agency responding to the call did, in fact, require that the volume be turned down. Yes, as Mr. Chatfield avows, the good neighbor policy of the Langers was repeated 30 times. The record needs to show Jeffrey driving his truck at a high rate of speed through the streets of McLean during its annual community quilt show, garage sale, firemen's barbecue and church box luncheon , endangering people strolling in the streets and causing them to move into the ditch to avoid being hit. The record needs to show Jeffrey driving his truck up and down selected streets in McLean in what might be described as a stalking fashion to harass certain residents . The record needs to show Jeffrey standing in the front yard of the Elm Tree Inn and, during the event just cited, calling lady visitors to the event cunt Ladies who were totally innocent of any action that would provoke any kind of greeting other than hello and welcome to McLean . And the record needs to show dancers from Sirens standing in the front yard of the Elm Tree flashing their bare breasts at passing motorists, and Jeffrey standing in the front yard of the Inn and grabbing his crotch as a signal of defiance to me and others as we drove by. " M. Carey: How much more do we have to go here? M. Perkins: Less than one page. M. Carey: Can you kind of summarize it for us? M. Perkins : Yes, I can . G. Van Slyke: Please . M. Perkins : "Mr. Chatfield has stated that he cares not what the people of McLean think. We, the people of McLean, object to what has been a continuous avoidance of candor by Mr. Chatfield since the inception of this process. The continual display of public lewdness by the Langers and their dancers, the assault upon the safety of innocent visitors to community events, and their incessant disturbance of the peace through excessive noise at hours when normal people are long since in bed and asleep . Without any changes whatsoever means a continual display of public lewdness, obscene language and behavior, and disturbance of the peace through deliberate attempts to produce excessive noise . For these reasons, we contend that the activities of the Langers by whatever description they describe their Page 5 of 9 Town of Groton Planning Board Public Hearing 18 March 1999 business are not in harmony with the residential and commercial character of the neighborhood . This is a case where you can decide, based on past performance rather than speculating on the future. The Langers have proved to be a detriment to the community, and rather than trying to win the people over by being quiet and considerate citizens, they have chosen to disturb the peace, offend normal human sensibilities, and jeopardize the public safety. They have openly and defiantly stated that their intent is to make life in McLean as miserable for the residents as possible. During their time in town they have done just that. With that as a stated objective , one can reasonably predict what their future behavior will be. No community in America wants people who act as I have described as a part of their community. We of McLean surely don't. I've described a long list of conditions that have existed during Sirens' operation in McLean. They are conditions that you, as a Board, must control through the permit process. Last week I hauled out the Special Permit that we received when my wife first opened our business in our home . It controlled everything including noise and hours of operation. If you can do that to me , you can do it to them. If they truly want to operate a legitimate restaurant and tavern, fine . But I don't think so. If you find it necessary to grant approval of this application, I hope that you will take a major portion of the time allotted in which you have to deliberate to ensure that we don't get from the Langers what we have in the past. Respectfully submitted, Van Travis Jr." Thank you . (Note : Although requested, no copy of this written statement was provided to the Board or the Recording Secretary.) M. Carey: Thank you. K. Alwes: Good evening. My name is Karla Alwes. I'm an anomaly here. I don't live in McLean . I live in Locke. I'm here on behalf of my granddaughter who is going to attend Cassavant School in September. I don't know anything about zoning laws, but I think having a strip joint three houses away from an elementary school is a hell of a way to zone . I don't have any prepared remarks. I have been preparing these remarks ever since Sirens opened . And we need to define what community really means—what a community is and what fits into it. Thank you . D. Mayes: Members of the Board and Chairman of the Board, my name is Don Mayes. I live in the hamlet of McLean . I live about a hundred feet from the Sirens as was the Elm Tree Inn. As a resident of McLean I frequently travel Church Street and McLean Road and am able to observe the operation of Sirens that we were led to believe was going to be open as a restaurant similar to the Rusty Nail which is a fine restaurant located in Cortland. However, this fine family restaurant, we found out, did not serve any meals but is an adult entertainment business which is not in harmony with the rest of the neighborhood . I have witnessed a disruption of living conditions, the foul language, the women bare-breasted at the windows, and even during the day girls scantily clothed as school buses pass by. I would be in favor of a nice family restaurant as the Langers had led us to believe, and I feel most residents would agree . However, I believe the Langers have no intention of such a business and will try to avoid such by calling it an eating and drinking establishment. And although zoning prevents adult entertainment, they will still open as they were before in their previous operation. We need to, as responsible adults, to ask this Board to make their decision based on concern for the neighborhood and protection of our children, and the safety of all residents. We need to stop the racing of vehicles in our streets, the stalking, and the general disruption of the hamlet of McLean. Thank you . K. Pastorello: Hello, my name is Karen Pastorello and I'm a resident of McLean , but I too am speaking not only on my behalf but I'm submitting a written statement (Document # 3, as submitted) orally to the Board on behalf of two of my neighbors, so I would ask for a time extension. "The following is respectfully submitted by Sean and Lisa McElroy, citizens of McLean . Please include the following in the record of the Board meeting conducted on Thursday, March 18, 1999. We would like to address the impact of the Langer's business upon the community of McLean by relating several incidents we have witnessed since the opening of their business. We have personally been the targets of intimidation by the Langers on several occasions, two of them severe enough to warrant calls to the police and to the District Attorney. In the first instance , Mr. Langer repeatedly drove past our house at the rate of only a few miles an hour, going to the end of the street, turning around at the stop sign, and driving by again. This he did at least half a dozen times in succession, each time staring at our house in an obvious manner to ensure that we knew of his presence . It was clear that he had no other purpose than to demonstrate that he knows where we live and in attempt to intimidate us. In the second instance , the Langers sped down our short residential street at a rate that appeared to be not less than 60 miles an hour. That was the day of the quilt show last year when many attendees were Page 6 of 9 Town of Groton Planning Board Public Hearing 18 March 1999 walking on the street which has no shoulder. When the Langers were told that this was unacceptable and dangerous, they both publicly and repeatedly screamed 'You f . . . ing cu . .' in the presence of our daughter and numerous visitors to our community . In the third instance , we have observed one of the dancers of Sirens purposefully exposing herself in the window of that establishment to passersby on the street. She was naked from the waist up and danced within inches of the window facing the main street that goes through McLean. In conclusion, we would like to say two things. The Langers' conduct and nature of their business are obvious hazards to people in our community and to people living and passing through here. Second, the central problem that they appear unable to grasp is that the location of their business is inappropriate . Please consider utilizing all available means at your disposal to address the problem of their inappropriate location. We greatly appreciate the efforts of the Board Members on our behalf and the behalf of our community and recognize that it has often been a thankless and enormously stressful task. Sincerely, Lisa McElroy and Sean McElroy." Now, for my own statement, first of all let me just preface it by saying that I have been both a student and instructor of history at the college and high school level for over 20 years. And I would like to point out, as a teacher that can't resist saying this, that people have organized, especially women, for over hundreds of years so that no woman has to be exploited in the kind of jobs that the Langers' "job" are offering to these young women working in their establishment. And I don't use the word entertainment purposefully because I don't think it warrants that use . There are other options in life for these young women. Unfortunately, they haven't found them. I see people in the audience who have overcome obstacles that these women may face and have made something of their life and haven't had to exploit themselves doing so. As a community resident, I've lived in McLean as I stated earlier. I can't comfortably walk by Sirens when it's open because of the kind of clientele they attract and because of the kind of young women and the acts that they're presenting. I have never heard of a restaurant before that advertises for dancers that make up to a thousand dollars a week. I've never heard of a restaurant before that, after going through a court case, has their employees pulling up in a car and spraying red point all over the front of their sign . I've never heard of a restaurant before that's attracted patrons looking for prostitutes which is what Mr. Langer was quoted as saying in the Cortland Standard. As a parent of four children, most importantly, my kindergartner came home from school last year, the first month of school that the Langers were open, and asked me when he got off the bus if I knew what a strip joint was. And I didn't talk to Karla before this presentation . Those are the exact words he used . The teachers at the Cassavant School in McLean have asked me to please work hard, which I've been doing probably more behind the scenes than in front of the scenes in trying to eliminate this place. So I wouldn't want my daughter, and I do have a daughter, working in a place like this. I don't think any of the people at these tables would want their daughter working in a place like this. I don't want this in the heart of my neighborhood . You don't want it in your neighborhood . And it doesn't belong in any neighborhood . C. Carlisle: I'm in total agreement with this, so we need to really M. Carey: Could you please state your name, please? C. Carlisle: Yes. Members of the Board, my name is Charles Carlisle . I live about three doors from this establishment. I run a bed and breakfast. I was established before this establishment and it's had a very adverse affect on my business. Categorically, I want to state that. I've had people that have come to spend the night, have stopped at the Elm Tree to get directions because it was open late at night, and were very upset about having to stop at this place and found out what type of business was close to where they were going to be spending the night. And other people have been awakened in the night because of the excessive noise and the incessant ba-ba-ba-bum of the drum beat all night long because of the dances that they do there. And it's definitely hurt my business. I've lost business, repeat business I should say, and it definitely is not appropriate . It's not meant to be in the heart of a residential area. M. Carey: Do we have anymore speakers? T. Sharpe: I'm Terry Sharpe and I live on School Street in McLean and, as a parent, I have one concern and I want to know who is responsible for the fact if something happens to one of our children? By the admission of the Langers' own employee, she has nothing but perverts for customers, and as a parent it is my duty to protect my children from endangering of their welfare . And this to me is an endanger to their welfare . I can curfew my children, but my 16 year-old is not going to, you know, feel that six o'clock when they open is a fair curfew in the evening. So I want to know who will be Page 7 of 9 Town of Groton Planning Board Public Hearing 18 March 1999 responsible if perverts come into my community and hurt my children? Is it going to be Mr. Chatfield? The Langers? Or the Board for allowing them to open as a nude entertainment establishment? G. Strang: My name is George Strang. My wife and I live at 44 Gulf Hill Road in McLean. We've been there 26 years and we've raised a family there . We came there because it was a beautiful, quiet, friendly little town. And since Sirens has come there it has changed . We are saddened by this. Seems that some people can create beautiful artistic things that most of us appreciate, but there's always somebody that's got to spray paint blank you on the Mona Lisa. It's a shame that such people always seem to do almost anything for a buck. And I'm sorry for them. Thank you . C. Lacey: Members of the Board, my name's Carl Lacey. I live in the village of McLean and I feel that the blinders opened to start with because they simply lied to get in there. If they open again, they are going to he to do exactly the same thing. And I feel that a restaurant is a place where a person goes to get something to eat, not what the Langers have been serving there . Thank you . N. Waters : Madam Chairperson, Board Members. My name is Nelson Waters. I am a pastor. I'm also a resident of McLean for about four years. My background has started out I was a counselor, California State, for 13 years with delinquent youth . I have been a part of the Calaveras County Sheriff's Department, the Los Banos Police Department. I've gone through the Police Academy at Stanislaus State University in California. I've been a pastor for about 30 years. I've criss-crossed America many times because I was born and raised in New York State , lived in California, and in any community in America if you will look and see -- I think I said something to that nature at the last time I had an opportunity. You do not ever find this kind of indecent kind of a business one block from a church, one block from a school where little kids go to school . In the trailer area there there's close to 110 children in that trailer park. There's children that live around that establishment. You've heard a lot of things. I don't really need to go back through a lot of these things, but one thing I would like to encourage you , you are intelligent people . I would like to think you are courageous people . You have a chance to make a decision for decency. And as a pastor, as a counselor, as a part of a small community, these people and their record, please remember that when you make a decision. It may not be politically correct. Their attorney, for whatever he's getting out of this, it's hard to imagine . And we've dealt with a lot of attorneys because of my background. It's hard to imagine that an attorney would stand up for this kind of a thing to put something like that in a community like McLean. It's despicable at best. Please make a decision for decent people for a decent community. And McLean is a good one . And please, I beg you tonight, if they want to have a restaurant then make them put it out on the table and make this attorney do the same thing if he's going to be their mouthpiece . Let him show a little decency for good, decent, God-fearing people . Thank you . M. Carey: Do we have any more speakers? L. Smith: My name is Leslie Smith , I'm Pastor at McLean Community Church . I think most things have been said tonight. You hear our feelings that we , as a community, have been assaulted by this establishment. I just want to add to the comments and say thank you, thank you to Teresa Robinson and Colleen Pierson, and to you Board members because you , too, have been assaulted . We've been drawn into this, and I thank you for your help in helping us, standing by us, and we do appreciate that. We have all been put in a very difficult situation. I have to challenge you though , as my brother Nelson did, and ask you to be courageous and make your vote according to your heart, according to you know what is right. But most importantly, I want to say thank you . M. Carey: Do we have any more speakers? Nobody else wants to speak? Then I guess we'll close the Public Hearing. We, as a Board, have 62 days in order to make a decision on this Site Plan Review, and we need to study everything that was said tonight in order to make a decision. Does the Board have any comments? G. Van Slyke: Yes, I think I would like to just make a comment. Do I have to state my name -- George Van Slyke. I guess my comment is that I feel that as we're looking at this Site Plan Review, when you look at the zoning itself, you know, we're going to have to take a look at this thing in terms of what were presented here as far as the physical layout of this . And the thing that is rather important is, and I think that we have to keep in mind as been mentioned here tonight, and I'd like it on the record , that this application came to us in September of 1998 , And what we're looking at is just what they presented. Application for an eating and drinking establishment. And I feel, myself, that I Page 8 of 9 Town of Groton Planning Board Public Hearing 18 March 1999 don't know how the others feel on the Board, but I feel that it's very very difficult to leave out the fact that, or to look at this only at that point, but what we have to do is look at it from that point that we're not going to be able to go back and say that we're condoning or saying that what they did there previously was something that we are going to look at. I feel, myself, that when I look at this, I'm going to look at it from September on, and what happened previous to that time is not part of this application. Thank you . M. Carey: Any other comments? I'd like a motion. V. Rankin: I move that we close the hearing. S. Clark: I'll second it. M. Carey: All in favor? (All members present indicated in the affirmative, and with everyone who wished to be heard having been heard, the Public Hearing was officially closed at 8: 44 p.m.) The meeting is adjourned. The meeting was adjourned at 89.45 p.m. Joai itch Re ording Secretary Attachments: Doc. # 1 - Tompkins Co. Department of Planning Letter of 2 /25/ 99 to M: Carey ( 1 pg.) Doc. # 2 - Written comments submitted by Elaine Burin at this Public Hearing (4 pgs.) Doc . # 3 - Written comments submitted by Karen Pastorello on behalf of Sean & Lisa McElroy at this Public Hearing ( 1 pg.) Doc. #4 - Attendance Record for this Public Hearing (2 pages) Page 9 of 9 '.I`cwgA1ns County DEPAREVIEI`d'T' OF PLANNING 1421 East Courl Strtet t.th ra, t+ie4:r I ork 1450 1amot W, Hans'uai, Jr. i elv�ztza+re thti7j 74.S� ill Commission'Er orf'ii.nnln February JL` * 1999 FAX (607) 274-5575 Monica t arev , xc ring CllwLop?-Acso.n Towrr o:1 tJri3tl:r11 I :ttl" li1] 5 Board 3t d P . 0 ,. Box 36 101 Conger Boylevard Grotor , NNr I3t) 'rI.{ 030 Rev R.vriew Pursuant to 5239 -1 and .m of the New York State General Municipal Law f c- ioil Site Plan R.evie%tN Langer, Sirens Eating and L7rir�king Establishml.ent, 2 McLe�xn- Cortl.and VA . , Tax Parent Number 318 � ; - 1. 0 Thi ,i 1e«:; a;;ltnowledQes your ri%fer- a w rbe. proposal ldeulh rc:d :above for review and comment by the Tompkins ( ounty Planning Departme a pursuant to § 2019 -1 at:d -rn of the New York State 0exier.ti '��llta , ipal Law . The prvposal , as _s ibmItted , will have no significant deleterious impact on interconirnrtritt}•, date inreresls. Therefore, no recornmendatiou is indicated by the Tompkins County Plarintn10 Deltinrtmert, and ,,you axe free to act 1,Nithout prejudice . The Department has the following comments regarding the proposed project, 'which anti lair . r: v, ew ttt•1ueI General Municipal Law §239 4 and -m : 1 Vehtcl :. and pe'destrian safety, as well as general site aesthetics , would tie improveLl by the site ' s entry and exit locations . The acoess driveways could be defined by the ptac curbsns?, concrete barriers , railroad ties or landscaping to prohibit access to the site x " O access t iveways . The use of landscaping would also Serve to enhance the visual app, . _ hamlet to People entering kMcl . eart From. the east . We, recommend that the access potntS _ emetery Road and Cortland ••it4cLean Road) be located as far away as possible from tr:(: . i 1iiai .u. - VI Lean Road and Cemetery l?read intersection. We also believe that the proposed 46 foe} t torAL,tar , % driveway i.s too taride. and tLfat a 24 foot wide driveway would be more than su.ftt+.' ; eni for svebJcte i" ivarl}- defining access d -ivewa_ys would also allow for better mannagr client of the: parkiisg are' ,, whach s oald yield additional parking spaces to help ensure that on-:lte parking is adegUdLc! I inferno us of your decisions so that we can make it a part of the record . All ell fl, nc�. 4ke . Hanson, .I t . ��. t� rnmtssloaer of 1? lannito�; cc : C..li orgt- Totman, Tompkins County Boaro of representatives, Dlstrict 9 �. -P;Tere:sa Robinson, Supervisor, Town! of Groto!? �.. ..� h' . ; c Jc°ct l�r;fie•+' On ��lSj9 `I� l� ��sFari. +q . Throughout this entire process I have been waiting for the Langers or their backer to speak of their plans for this eating or drinking establishment. Most legitimate business owners are proud to share this information. As a matter of fact it' s my understanding that it' s rather unusual for a lawyer to do all the talking in these presentations . I' m eager to have a clean quiet well-operated family restaurant in that location Years ago I read a delightful book Gone are the Days by Grace PerLee Howe . She reminisces about her years growing up in McLean in the latter years of the nineteenth century. Her preface describes the "rather prettier than usual village . " She talks about the green and the Inn . She states it was a "goodly place in which to grow up . " The green was a place where neighbors visited and children played. Many of our neighbors are life long residents . Over the years I ' ve lived in the Dryden- McLean area I' ve heard their stories of how wonderful it has been to grow up and then later to raise their own family in this community. We bought our apartment building because we saw resurgence in the community. People restoring their homes . Businesses like Patchwork and Pies and. Randolph Pump that not only take pride in the way they operate but also in maintaining the historic character of the community. We bought our apartment building in good faith. Hoping that we would continue to preserve it and at the same time have a return on our investment. We live in a home with a wonderful history. A home that deserves to be maintained and preserved but we are now in a situation where the appraised value has already diminished and we hesitate to invest any more . All we have ever asked for in this situation was the opportunity to live in a safe secure community. Sirens has not allowed us to do that. Scott Chatfield has continually reminded us that there will be no changes and that he really doesn't care about the people of McLean . I assume this means there will no change in the way Sirens is operated; no change in their blatant disregard for the neighborhood. I assume that means no change in the type of clientele . No change in people urinating and exposing themselves in public in our residential neighborhood. No change in the pornographic materials that we find littering our yards, materials that Sirens advertises in . I assume that means no change in the noise level. Scott has made reference to baseless complaints of excessive noise . However he also states he ' s only visited the location once . I would guess that visit wasn' t even when Sirens was open for business . Even the sheriff' s have never complied with my request to come to the second story of our building, sit in our family room 62 and try to watch TV . At times the noise level has been so bad that you could even hear it in our back bedroom. On one occasion I called in a complaint to the Sheriff' s Department. When I was told an officer was already present I went over to talk with him. The music was so loud that even with the windows closed we could hear the lyrics as though it were being played in the room itself. However, as I walked from our house on the Dryden side of Sirens into the parking lot side toward. Cortland I found the noise was not as severe . My assumption is that the tree in the front provided a slight barrier. Therefore we are requesting that in the special permit you require a perimeter of mature trees around the property. These would be the height of the second floor of the building and would provide a noise buffer as well as screen any lewd behavior on the part of employees or patrons . We would also like you to stipulate that the doors and windows must be closed at all times . This would also diminish the impact of the loud music . We may not be an affluent development in Tully but our quality of life is just as important to us as it would be say to Scott Chatfield or the Langers . In absence of any concrete business plan, with a history of blatant disregard for the community, and only Scott' s assurance that "nothing will change" we � 3 � d 1 are left to expect that this is the only thing we can be sure of - it will be business as usual . Thus we ask that you do everything in your power to protect our neighborhood from the visual and auditory pollution of this establishment. �OG ,�3 - ✓eeao 3� �99 � giiiC 4 The following is respectfully submitted by Sean and Lisa McElroy, citizens of McLean. Please include the following in the record of the Board Meeting conducted on Thursday March 18 , 1999 . We would like to address the impact of the Langer' s business upon the community of McLean by relating several incidents we have witnessed since the opening of their business . We have personally been the targets of intimidation by the Langers on several occaisions, two of them severe enough to warrant calls to the police and to the District Attorney. In the first instance Mr. Langer repeatedly drove past our house at the rate of only a few miles per hour, going to the end of the street, turning around at the stop sign and driving by again. This he did at least half a dozen times in succession, each time staring at the house in an obvious manner to ensure that we knew of his presence. It was clear that he had no other purpose than to demonstrate that he knows where we live and in an attempt to intimidate us. In the second instance, the Langers sped down our short, residential street at a rate that appeared to be not less than 60 miles per hour. This was on the day of the Annual Quilt Show last year, and many attendees were walking on the street at that time, which has no shoulder. When the Langers were told that this was unacceptable and dangerous, they both publicly and repeatedly screamed "You f _ _ _ing cu _ " in the presence of our daughter and numerous visitors to our community. In the third instance, we have observed one of the dancers of Sirens purposefully exposing herself in the window of that establishment to passersby on the street. She was naked from the waist up and danced within inches of the window, facing the main street that goes through McLean. In conclusion, we would like to say two things. The Langer' s conduct and the nature of their business are obvious hazards to this community and to the people living here. Second, the central problem that they appear unable to grasp is that the location of their business is inappropriate. Please consider utilizing all available means at your disposal to address the problem of their inappropriate location. We greatly appreciate all of the efforts of the Board Members on behalf of our community, and recognize that it has often been a thankless and enormously stressful task. ..4ft Aw roc, ATTENDANCE SHEET �70 le � (T) GROTON ZBA PLANNING BOARD 42 9Z1W6 MEETING OF 311 (Your attendance is recorded in the meeting minutes .) PRINTED NAME: COMPLETE ADDRESS : SAMPLE : Mary Q . Public 2 MAIN ST . , GROTON 13073 Melel r►'�eva cor Cam ' led '46Y Le t1, 0 . c Po MC a e k repjoocC ofon N C� 4 f a :3 oa of "4- fkcLeapi < 13 OZ u L S4 64 r L 3l d � v4 5 014 5c )'l 0l9 ! \/5 n� a� l7oyJ- 7 11j4 �.