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HomeMy WebLinkAbout1998-06-23PH 6 -23 -98 TOWN OF DRYDEN PUBLIC HEARING REGARDING ADULT ENTERTAINMENT JUNE 239 1998 Supv Schug opened the public hearing at 7:08. He explained that this hearing was to collect public comment concerning adult entertainment. Marshall Taylor, 61 Turkey Hill Road - Presented the Board with a written statement (attached). He established his home and business in the Town of Dryden 20 years ago. What keeps him here is the atmosphere and quality of life that Dryden and Tompkins County offer. What recently happened in McLean is a threat to that quality of life, personally and financially. It threatens youth organizations and family organizations in the area. He understands that this is a tough job to do and the legal ramifications have to be considered. Tonight offers a slim audience, however, when lines are drawn on a map designating areas for these establishments, interest will pick up considerably. He reviewed the comments set forth in his letter with respect to the rules and regulations suggested in his letter. The Town Board owes it to the community to make sure that a thorough, well publicized set of hearings are held on any such establishment. We should find that such establishments do not currently fit in any of the zoning regulations of the zones of the Town of Dryden and there should have to be a special permit process for them to be situated anywhere within the Town. A full site plan should have to be performed, public hearings held and so forth. • All relevant issues of public health and safety should have to be considered and there would have to be positive findings that such a business wouldn't negatively impact public health and safety in the Town of Dryden. Other items to be considered would be visual and accoustic screening and limitations on signage so as not to damage or alter the characteristics of the neighborhood in which any such establishment would be located. We should prohibit the establishment of any such business in zones designated for residential purposes. To further protect the investments of Dryden residents, allow no such establishment to be located within a half mile of an existing school, church, community center, public park, playground or youth recreation or education facility. There should be special notice requirements when a proposal for such a business comes to the community and cost of such notice paid by the applicant. Notice should be given in writing, to those within one mile of a proposed site, delivered and signed for in person or by certified mail, of the application for such permit and for all public hearings. This is beyond what is presently done for a typical special permit, but feels it is warranted. We should specify that any such permit for operation of such a business will become immediately invalid upon the conviction of the owner, operator, manager or any employee of any felony or misdemeanor arising out of the operations of that business or happening on that piece of property. Michael Lane, Dryden Village resident - Commends the Board on its action to contemplate this type of ordinance and taking the initiative to gather public opinion. As an elected official he has had a lot of reaction to and comment on the recent activity in the Town of Groton. There is no question that people are very worried about the impact of this kind of • establishment in their community, how it would affect the property values of their homes, and Particularly how it will affect the children. His concern mirrors this. It is important that we Page 1 of 5 PH 6 -23 -98 look out for the best interests of children by having zoning laws which very adequately restrict the location of these kinds of businesses. The zoning law should look at restrictions on signage, particularly flashing or lighted signs. They should look at restrictions on noise from the property. Marshall Taylor's points are very well taken. The Constitution tells us that we can't prohibit these kinds of establishments, but he wishes we could. Therefore, we need to do what we can to make them have as little impact on our children as possible. These businesses tend to exploit women. Normally they attract a large group of curious people that may come once. After that it tends to be hard core people. Perhaps the smaller groups are more dangerous because it is those who tend to exploit people. He is concerned that one of those recently arrested at Sirens was an 18 year old woman. NY State laws say that a person of that age is still the responsibility of his or her parents to provide for until they are at least 21, but part of laws say that she is old enough to participate in that kind of enterprise. Yet her parents can be taken to court for her support. In that way, the State is telling us that a person of that age is still pretty young. Would like to be able to say what ages could work in an establishment like this, but we probably can't do that. Pastor Larry Walter, Dryden Baptist Church - Is concerned about these kinds of establishments and supports whatever the Town is able to do with respect to them. Supv Schug - Explained that while we can't keep them out all together, we can regulate their location. We need to comply with the first amendment, but gives us good control. Mike Lane - Would like to see municipalities notify each other if they have applications for an establishment near municipal boundaries and give them an opportunity to offer comment. Reinforced that the cost of notification of neighboring property owners be borne by the applicant. Marshall Taylor - We hear a lot about first amendment rights and free speech and so forth, but consider carefully the distinction between free speech and commercial activity. It' is clear that you have the right to regulate commercial activity in ways that do not harm or unduly harm the health, safety and welfare of residents of the town. Without infringing on a person's free speech and without infringing in some respects in a person's ability to do such activities in private, but not as part of commercial enterprise licensed by the Town. There is a question of boundaries. We live within Tompkins County and other towns are addressing the same issue and other towns are establishing zones for these businesses. Can this not be considered, in terms of the availability of locations for such businesses? Can we not look at a larger scale than just the borders of the Town of Dryden? And if we restrict what seems to be over - restriction, if one takes a narrow view of the Town of Dryden and because of just regulations of where they should be without impacting the community, it rules out the Town leaving very few opportunities for the siting of such businesses. Can that still not be looked at in a larger context? Where are the zones in the surrounding towns that allow this? Realizes the cascading effect this could have. Maintains there are different characters of neighborhoods, for example, Dryden and the Town of Dryden versus the Cities of Ithaca or Cortland. Please consider as well a larger region if that is possible in terms of determining where these places can be sited. Supv Schug - That is a good idea and we will share what our law is. We have to be °xtremely careful of what we do inside of Dryden so that when the law is written, we have a law hat will stand up in Court so that someone can't find a loophole and we end up in a situation ke with Sirens where they are operating while they are in Court. Page 2 of 5 • PH 6 -23 -98 • Marshall Taylor - Understands that you must leave some percentage of land for these establishments, but as you draw tighter and tighter political boundaries, this may not be possible and still respect the character of the neighborhoods. Supv Schug - Our town tried to work with two of our neighboring towns, Lansing and Groton, which are similar to Dryden in size and population. They both backed out, for their own reasons. We tried to do what you are talking about. Cl T Hatfield - The opening of sirens is part of what triggered this process. Sirens all of a sudden was a siren saying we need to pay attention and find out what the law allows you to regulate and how you regulate it and go through this process. Is disappointed in the turn out tonight. We have had good response to a radio show and radio time today. People will come out and express their concerns about the impacts on their lives, their children, their property, their neighbors, etc. Henry Slater, 20 Catherine Drive - Feels one of the vulnerable groups of people to be exploited would be those of youthful ages. You need to be 21 years to be served in a bar, are there any regulations that are accessible to the town, or could the town lobby to have the state place an age barrier on these establishments. Robert Penna. - Under New York State law it tends to be 18 years old, because that is our age of majority and below that you would be guilty of providing indecent materials or performance with a minor. You could probably go for a misdemeanor of endangering the welfare of a minor as well. Sometimes it is best not to define this and give someone a loophole. Sometimes the best thing to do is say we are going to restrict these adult businesses based upon enterprises that keep minors out because of their age. Some of your suggestions are • good if you are part of a coup wide zoning ni ng program, but I understand you don't have this. Realistically and politically, to place age limitations on these establishments would be difficult. One of the problems we face in implementing regulation here is that we have to work with tools we have, and those tools are not as strong as we would like them to be. Mike Lane - Understands that we are trying to get of sense of the feeling in the community. They feel that Dryden is not a place where anything goes. Some places have that reputation, Dryden does not. We are a small town, basically rural in character, we have a lot of people active in community organizations and churches. They feel that all businesses have an impact on the community and because of that, they are interested in what business locate here and what the rules are for various businesses. They are proud of their schools. An example would be how the community came together when we lost two beautiful children. When we start saying where these businesses will be permitted is when you will see people come out strongly. People come out after action is proposed that will affect them. Marshall Taylor - The discussion at the Varna Community Center indicated a sense that our representatives would do what they could to make sure there are proper restrictions placed on these establishments. Proper restrictions means that you will keep it out of the areas that they are concerned about. There was a feeling that our Town Board will do ,what is best, without necessarily understanding at that point that there is only so much that can be done. Mike Lane - Noted that there is a difference between live entertainment as opposed to children going to the movies, reading adult books and seeing this on television. It is perceived differently, Cl T Hatfield - The activity affects more than just what is going on in the establishment. It is carried out to the parking lot and this affects the community's children and adults and anyone within sight of the establishment. Can we require screening on the parking lot? Page 3 of 5 PH 6 -23 -98 Supv Schug - Certainly. Robert Penna - Would like to speak with anyone who has any of this anecdotal information. Has spoken with people in McLean about their experiences with Sirens. Three people promised to write something out and it has not yet been received. If you know of anyone who has first hand experience like this and what it does to the quality of.the neighborhood, it is important to get that to him. The Courts have clearly said that you can use this anecdotal evidence. It doesn't have to be a big survey or opinion poll, but this can be used as a guage. What was gathered during the radio show will be used. Increases in crime, prostitution, sex crimes, littering, loitering, etc. can be used. There is definitely impact on the character of the community and the quality of life. Comments from the people on Friday is enough to establish this, but the more the merrier should we ever get challenged. But we should be able to say these are the facts on which our ordinance is based and strengthen our position. Marshall Taylor - Sirens has been scrutinized since day two so heavily, and to some extent the owners and the patrons have been on notice that they had best be on their best behavior. It might be difficult to obtain those things. Robert Penna - Part of what these places draw are those people who -can't get in, for example 17 or 18 year olds who've had some beer on Friday night. They are liable to drive by and act boorishly, not just in front of the place, but to neighbors. This is the kind of thing it does attract. Without the establishment on that corner, they would not have that kind of activity. Supv Schug - How did you make out with the Sheriff and the State Police, especially with the only other place in the County, Kuma's. The calls and type of calls they get out there have got to be numerous. Robert Penna. - Zero. The Sheriff has nothing. Marshall Taylor - That's incredible. Recently on national public radio the one place mentioned in Tompkins. County was Kuma's because apparently one of their patrons had rolled a bowling ball down Route 79 and taken out the undercarriage of a vehicle. Finds it hard to believe that there is no vandalism, public lewdness, etc. Robert Penna - Public lewdness, yes. I spoke with the BCI representative of the State Police and I probed for everything I could possible think of. There have been two reports of tire slashing, both incidents in the parking lot. There have been occasional complaints about public lewdness, but when you have a pickup truck on a Friday night full of eight or nine 17 or . 18 year olds who are feeling no pain, and they decide to stop, drop their pants, dance around, yell yahoo and drive away, by the time you remember to call 911, they are gone. There have been no assaults, no knifings, no drug sales. This is why we need to find out what really is the impact on a small community like this and talk about what we know. A lot of what you might associate with this stuff isn't going to happen more than likely in a small community. You don't have the same kinds of wackos running around that you would have in Times Square. Pastor Larry Walter - What do you foresee in our community as far as growth? I understand what you are trying to say. There is a difference, but what is the prospect for our community? Will we stay where we are at, are business and industry coming in? Page 4 of 5 PH 6 -23 -98 • Supv Schug - The Town of Dryden continues to grow steadily. The census increases each year. We are the second largest town in the county. Our population is in excess of 13,000. We are in a unique situation, between Cortland and Syracuse, Ithaca and Elmira. We are not opposed to good business coming to town and sensible growth. That's why we have our planning and zoning ordinances in place and we try to guard them as carefully as we can. Supv Schug - At this point, well now sit down and with what Bob has got for us, start: to draw up the actual law or zoning ordinance. Well have another hearing on this and be talking more specifically about where it makes sense to site these. On July 7 we will have a proposed draft. Well act on this as soon as we can. Atty Perkins - We need ten days advance notice for the public hearing, so we won't be able to do it on the 14th. Cl C Hatfield - If we introduce it on the 7th we can't act on it. It's only seven days, we need ten. Atty Perkins - I think what Bob is saying is that this is not a local law question, it is a zoning question, is that right? Robert Penns - Yes. I can have my thing done by the 30th if that will help you. There are places that have done it by local ordinance, not zoning. In fact it is policed by the police. The way we are approaching this, it is a zoning question. Supv Schug - We're not gonna write a law? • Atty Perkins - An ordinance. From what Bob is telling me that's the way he thinks people would like to see it regulated, as to where it can be located. That is typically done by zoning. Zoning by its nature is exclusionary. Supv Schug - We'll make sure it really gets publicized and the public is aware of what is going on. If you know someone who has something to offer, please have them send it to us. The more we get in writing, the better. Robert Penna - Try to get them to focus on things like noise, public lewdness, rowdiness, drive -by incidents, etc. We are in a sensitive situation. Many people are opposed to this on moral grounds or good taste grounds. Unfortunately, this is not the kind of stuff we can use. Cl R Beck - Offered to put Mr. Penns in touch with some people in McLean who may have meaningful input. Public hearing closed at 8:30 p.m. Respectfully submitted i Bambi L. Hollenbeck Town Clerk Page 5 of 5 • Statement to the Board of the Town of Dryden, NY 23 June 1998 My name is Marshall Taylor. I live at 61 Turkey Hill Road and have lived in the Town of Dryden since 1980 and at my current address since 1983. I am Vice President of Resources Planning Associates, Incorporated located in the Cornell Business and Technology Park. My long-term residence in the Town of Dryden and in Tompkins County and the business investments which I have made therein, have occurred primarily because of the rather unique character of this area. One of the most important of my criteria is that Dryden is a good place to raise a family. As such, I have a very strong business, as well as personal, interest in preserving the quality of life in Dryden. Degradation of that quality of life will cost me financial investment in my home and business, and personal investment in the youth and families of Tompkins County. In regard to your consideration of rules and regulations under which "adult entertainment" could become a part of the Dryden landscape, I urge you to: • Establish a finding that such business operations are not within the current allowed uses of any land use zone in the Town of Dryden. • Declare that prior to the establishment or operation of any such business, a • special business permit would have to be obtained which would specifically provide for such business operation. • Declare that a full site plan review and public hearing must be conducted prior to the granting of any such special permit. • Specify that the site plan review must consider all relevant issues of public health and safety and that such permit can not be issued without specific findings that the business would not negatively impact upon public health and safety. • Specify that the site plan must include consideration of visual and acoustic screening and limitations on allowed signage so as to preserve the then existing character of the neighborhood in which it is to be operated. • Declare that no such business be established or operated within the land use zones of the Town of Dryden which have been designated for residential purposes (zones R -B, R -B -1, R=C and R=D on the 6/13/88 Town of Dryden Zoning Map as revised and amended). • Declare that no permit for any such business be issued for any site within one - half (1/2) mile of any then existing school, church, community center, public • park or playground, or youth education or recreation facility. e • Declare that no permit for any such business be issued for any site within 1 mile of any then existing business or residence unless the owner and the managers or occupants of said business or residence shall have received written notice, delivered and signed for in person or by certified mail, of application for such permit to operate and that such notice shall have been delivered not less than 14 days prior to the holding of any and all public hearings on the matter. • Specify that any special permit for the operation of such business shall become invalid, and the operation of any business permitted under any such special permit shall cease, immediately upon the conviction of the owners, operators, managers or employees of that business for any felony or misdemeanor arising out of the operations of that business or following upon any circumstances to have occurred at the permitted site. Thank you for consideration of my views on this important topic. It is important to the Town and to each of our communities that the types of commercial activity under consideration be appropriately regulated. You have my best wishes in meeting your vital obligations to Dryden residents. Sincerely, Marshall R. Taylor