HomeMy WebLinkAbout1998-07-01TB 7 -1 -98
O TOWN OF DRYDEN
SPECIAL TOWN BOARD MEETING
JULY 1, 1998
The meeting
was called to order by
Supv Schug at
10:00 a.m. Board members and
guests participated
in a moment of silence
followed by the
Pledge
of Allegiance.
Roll call attendance by Town Clerk Bambi Hollenbeck indicated the following were
present: Cl Ronald Beck, Cl Thomas Hatfield, Cl C Hatfield, Supv James Schug, Attorney
Mahlon R. Perkins. Absent: Cl D Grantham
Supv Schug - The first order of business is to do the proposed adult entertainment
ordinance, which is in the works. Mahlon?
Atty Perkins - Dr. Penna and I have been in touch daily. The bottom line is his report is
not yet ready. He expects it to be ready by the end of the week. He has talked to me in general
about some of his recommendations and so forth, but it is important that we have that report
in hand and have an opportunity to review it before we come up with any specific proposals. In
other words, the report certainly has to precede any recommended changes. We will be looking
for that by the end of the week.
It seems to me that it is appropriate to extend the moratorium on the establishment of
adult uses. Therefore, what you have before you is a proposed Local Law which would extend
the moratorium until August 31, 1998, or until such time as you have adopted a
• comprehensive set of regulations. The only difference between this Local Law and the prior
Local Law creating the moratorium is the addition of the second paragraph in Section 2 reciting
the Town Board having commissioned the study, the progress to date and so forth. In Section
6 the term is different. The Local Law has expired and this would extend the term of this Local
Law and the moratorium until August 31, 1998. If you adopt the regulations, for example, at
your August Board Meeting, then this Local Law would expire. If you adopt it some time in
July, it would expire.
I am anticipating that there may be some public interest in the recommendations that
Dr. Penna comes up with and there should be a reasonable opportunity for the public to review
the proposals and any proposed legislation and have adequate time to comment. We do have
already pretty full agendas for the two meetings in July, including the special meeting on the
7h and another meeting on the 14th, so what I propose is that someone introduce this Local
Law and you set a hearing-for -this for July 7, 1998. This shouldn't be controversial, you are
simply extending the moratorium, which has been in place already, to allow time to look at this
carefully.
Cl R Beck - Inquired as to the legal limit to the length of the moratorium.
Atty Perkins - There is nothing in any of the enabling statutes or cases which says how
long it can be. It can't be indefinite and I'm confident that given the progress that the Town
has made to date, the fact that the study is expected even this week, that we are not abusing
that power to adopt such a moratorium because we have been making progress.
RESOLUTION # 159 - INTRODUCE PROPOSED LOCAL LAW H -
ADULT USES MORATORIUM
0 Cl R Beck offered the following resolution and asked for its adoption:
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WHEREAS, The Town Board of the Town of Dryden has heretofore adopted Local Law 3
of the year 1997 effective December 18, 1997, and
WHEREAS, said Local Law provides for a 180 day moratorium prohibiting the
establishment of any adult use (sexually oriented business) in the Town (exclusive of the
Villages), and said moratorium has expired, and
WHEREAS, The Town has retained the services of Robert M. Penna, Phd. To prepare a
study on the secondary effects of sexually oriented business m contemplation of local
regulation of such businesses, and
WHEREAS, the Town Board has not yet received Dr. Penna's report, and
WHEREAS, due to the complexity of the subject and local interest thereon, it is
necessary to establish a moratorium effective through August 31, 19989
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The following local law is hereby introduced and a public hearing thereon is scheduled
for July 7, 1998, at 7:00 p.m. prevailing time at the Varna Community Association, 943 Dryden
Road, Dryden, New York,
PROPOSED LOCAL LAW H of the Year 1998
SECTION 1: Title
This local law shall be referred to as the "Moratorium for the Establishment of Adult
Uses ".
SECTION 2: Purpose
The Town of Dryden Zoning Ordinance establishes zoning districts and regulations
concerning the use of land and structures. The statutory grant of power to regulate the use of
land and structures includes among the purposes of such regulation promoting the health,
safety, morals or the general welfare of the community. The Town Board is concerned that the
lack of specific regulation of adult uses of land and structures may result in the attempted
establishment of an adult use in an undesirable location. The Town Board also recognizes that
there are important constitutional issues and protections which must be identified and
addressed in any regulation of adult uses. In order to address all concerns and issues in a
lawful, thoughtful and reasoned manner the Town Board determines that it must declare a
moratorium on the establishment of such uses pending the review and enactment of
appropriate legislation regulating the same.
The Town Board has commissioned a study of the secondary effects of adult uses to be
used in drafting appropriate legislation and has received such study. Due to the public
interest in this subject and its complexity, the Town Board feels it is appropriate to allow
sufficient time to review the study, prepare appropriate legislation, schedule public hearings on
the same and consider public comment. The Town Board is not unmindful that a prior six
month moratorium was previously in place. However, the Town Board is not aware of any
adult use which is proposed or which has not been allowed because of the prior moratorium
and feels that another moratorium of a sufficiently short duration will strike a balance between
the rights of citizens which are protected by the constitution and the need of the Town Board to
proceed in a thoughtful and reasonable manner. With this in mind, the Town Board finds this
moratorium to be as short as reasonably necessary to accomplish the aforesaid purposes.
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TB 7 -1 -98
SECTION 3: Definitions
(A)
Adult use.
An
adult use is
the use of land or
structures
for an "adult
entertainment
business" or
an "adult
physical
contact establishment"
as herein
defined.
(B) Adult entertainment business:
(1) A public establishment which features topless dancers,
nude dancers or strippers, male or female.
(2) A building or structure used for presenting, lending or
selling motion picture films, video cassettes, cable television, or any other
such visual media, or used for presenting, lending, or selling books,
magazines, publications, photographs, or any other written materials
distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specific sexual activities" or "specific anatomical
areas" as hereafter defined.
(C) Adult physical contact establishment. Any establishment which offers or
purports to offer massage, whether or not licensed, or other physical contact by members of
the opposite sex. Medical offices, electrolysis, karate, judo and dance studios are not "adult
physical contact establishments ".
(D) Specified sexual activities:
(1) Human genitals in a state of sexual stimulation or
arousal; or
(2) Acts of human masturbation, sexual intercourse or
sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic
region, buttock or female breast.
(E) Specified anatomical areas:
(1) Less than completely and opaquely covered human
genitals, pubic region, buttock, and female breast below a point
immediately above the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if
completely and opaquely covered.
SECTION 4: Scope of Controls
(A) During the effective period of this local law:
(1) The Town Board shall not grant any approvals by means
of a special permit, site plan review, zoning change or otherwise for the
establishment of an adult use.
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TB 7 -1 -98
(2) The Town Planning Board shall not grant any preliminary •
or final approval to a subdivision plat or any other approval which would
result in the establishment of an adult use.
(3) The Town Zoning Board of Appeals shall not grant any
variance for any use which would result in the establishment of an adult
use.
(4)
The
Code Enforcement Officer
shall not issue any permit
which
relief
would
to cease
any
result
such actions which
in
the
establishment
of an
adult
use.
(5) No person, firm or corporation shall establish or use any
land or structure for an adult use.
(B) The Town Board reserves the right to direct the Code Enforcement Officer to
revoke or rescind any Building Permits, Certificates of Occupancy and /or Certificates of
Compliance issued in violation of this local law.
SECTION 5: No Consideration of New Applications
No applications of any kind for the establishment of adult uses as defined in this local
law shall be considered by any board, employee or other representative of the Town of Dryden
(whether elected or appointed) while this local law is in effect.
SECTION 6: Term
This local law shall be in effect from its filing in the office of the secretary of state until •
the enactment of a comprehensive set of regulations pertaining to adult uses or August 31,
1998, whichever comes first.
SECTION 7: Penalties
(A) Any person, firm or corporation that shall establish an adult use in violation of
this provisions of this local law or shall otherwise violate any of the provisions of this local law
shall be guilty of a misdemeanor and upon conviction may be sentenced to a period of
imprisonment not to exceed one year, a fine not exceeding $1,000 or by both such fine and
imprisonment.
(B)
The
Town
Board may apply to
a court of competent jurisdiction for injunctive
relief
to cease
any
and all
such actions which
conflict with this local law.
SECTION 8: Validity
The invalidity of any provision of this local law shall not effect the validity of any other
provision which can be given effect without such invalid provision.
2nd Cl T Hatfield
Roll Call Vote Cl R Beck Yes
Cl T Hatfield Yes
Cl C Hatfield
Supv Schug - Noted that the Town of Ithaca put out their adult entertainment program, had it
all set, rushed judgment, put out a map, and they are now still hearing it. We would prefer ®)
that not happen in the Town of Dryden. We need to do it as properly as possible.
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OUpon motion made, seconded and unanimously approved, the meeting was adjourned
at 10:15 a.m.
Respectfizlly submitted,
114(�ZJI
Bambi L. Hollenbeck
Town Clerk
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