Loading...
HomeMy WebLinkAbout1998-11-09 1 Public Hearing Minutes Proposed Local Law #5 November 9 , 1998 TOWN OF DANBY PUBLIC HEARING MINUTES NOVEMBER 9 , 1998 Public Hearing to consider - A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present: Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public : Esther Dotson, Pat Woodworth, Dan Klein, John Henderson, Ames Brown Public Hearing Declared Open Supervisor Kenneth Horst declared the public hearing open at 7 : 04 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 November 9 , 1998 at 7 : 00 p .m . at the Town Hall , 1830 Danby Road, Town of Danby, Tompkins County, NY, regarding the adoption of a local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES" , which proposed local law defines adult entertainment businesses and permits the establishment of such businesses only in Commercial Zones C and only by special permit . Any interested person is entitled to be heard upon said local law at such hearing . Copies of such local law are available for review at the Town Hall at the above address during business hours of the Town Clerk . By order of the Town Board Carol W . Sczepanski, Town Clerk Dated : October 22 . 1998 Publish : October 24 , 1998 " Public Comment was received from the following residents : Susan Beeners - Code Enforcement Officer Robert Roe Ames Brown Jerard Dundy Abby Holley Carol Sczepanski Esther Dotson Public Hearing Declared Closed : Supervisor Horst declared the public hearing closed at 7 : 33 P . M . dd,AA t 4.14 d It j Carol W . Sczepaglii, Town Clerk phm-ll- 5 . 98 0 65 1 Town Board Minutes November 9 , 1998 TOWN OF DANBY TOWN BOARD MINUTES NOVEMBER 9, 1998 7 : 35 P.M. Regular Meeting PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present: Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public : Esther Dotson, Pat Woodworth, Dan Klein, John Henderson, Ames Brown Supervisor Kenneth Horst called the meeting to order at 7 : 35 p .m. and led all present to the Pledge of Allegiance to the American Flag. ADDITIONS TO THE AGENDA: 1 ) The creation of a committee to investigate the coordination and repair of the Town Hall Facility. 2) SPCA contract 3 ) Transfer of Highway Funds $200 . 00 from A5010 . 200 to A5010 .400 and $ 3 ,000 . 00 from DA5120 .400 (bridge contractual) to DA5142 . 400 . 4) Creation of a committee - to draft a contract for the Danby Area News, Danby Community Council and the Danby Senior Citizens PRIVILEGE OF THE FLOOR: Councilperson Gagnon read the following statement for the record and requested that it be included verbatim in the Minutes of Meeting : "Last month , at the regular October meeting of the Town Board, Esther Dotson read into the record before the public here assembled a statement accusing me and my colleague Howard Steiner of lying to the public and asking for a vote of censure from the Town Board. The public nature of this statement, which, by the way, was not preceded by any attempt to contact either myself or Mr. Steiner to address privately the issues raised, virtually demands a public response . Mr. Steiner and I were accused of misrepresenting the tentative budget -- of treating it as something more than a simple compilation of requests of the department heads . We did indeed do that, and for a very good reason : there is the expectation within the Town Law that the tentative budget be more than a simple compilation . Town Law in Section 106 and 107 clearly states that the budget officer is to prepare the tentative budget with his or her recommendations . Further, proposed appropriations and estimates of revenues are to be included. The choice of the word "proposed" is the language of the law and not something Howard or I imagined. Nothing in the law precludes the inclusion of the requests of the administrative units, and I stated to Lauren Bishop, the Ithaca Journal reported who called me, my appreciation of the Supervisor' s desire to share those with the Board . Not to perceive the tentative budget as a proposal is to misunderstand both its purpose and its weight in law. Unless the tentative budget is modified by the Board , it becomes the preliminary budget presented to the public . Moreover, with or without Board action the tentative budget becomes the preliminary budget, which becomes the final budget. To treat the tentative budget as nothing more than a compilation of requests is ill -advised at best. That my statements to Ms . Bishop were restrained in an effort to be as supportive as possible of Mr. Horst, given my deep disappointment about the manner in which he chose to approach the budget process, seems to have completely missed by Ms . Dotson . She would have known better had she bothered to talk to me before accusing me in public of lying. The October 10th Ithaca Journal article which prompted the attack on my integrity was measured and fair, in my opinion . That the tentativeness of the tentative budget was adequately conveyed was confirmed by the almost complete absence of public alarm . There was no crowd of angry or upset residents at the October meeting of the Town Board . The accusations from Arch and Esther Dotson were profoundly unsupportive and needlessly divisive. They have forced me in responding in my defense to reveal a difference of opinion with my colleague Ken Horst which I would have preferred not to emphasize publicly. I hope we can move away from political posturing in the future and substitute some honest communication . Joel P . Gagnon, Member of Council" 966 2 Town Board Minutes November 9 , 1998 Councilperson Steiner stated that he shares much of what Councilperson Gagnon said and he said it very well . Supervisor Horst said that he was not going to make any other statements other than what he has already made in the paper in his letter to the editor to prevent this from becoming an argument among Board members . Town Clerk Carol Sczepanski - reported that due to the statement of Councilperson Inman that she was to have only keys to her office and the vault, she submitted all the keys in her possession to the Town Supervisor, including all the keys to locks that are no longer in use, statement of investigation from the Tompkins County Sheriff' s Investigator of findings from previous tampering. The sign-out key for the meeting room was also submitted . The only keys now in her possession are the keys to her office and the clerk no longer has a key for use in case of emergency . The Clerk reported that her office has been entered and asked Inst-Key to confirm that a master key was not issued at the time the locks were installed and asked for confirmation in writing . An affidavit stating that no master key was issued has not been forthcoming . Three (3 ) cylinders with keys were received by the Town and sent to the Town Hall to be installed -- only two (2) were returned . She stated "that we may have had a couple of earthquakes around here because I' ve had some strange things happen in my office" . County Representative Report : Representative Frank Proto reported on the following : 1 ) Public Hearing - on the County Budget - Tuesday, November 10 , 1998 at 7 : 00 p . m in the Court House . The budget indicates a 3 .9% tax increase for the 1999 budget at this time . 2) Transit committee is looking at expanding and adding a new route along Coddington Road from Tioga County to accommodate people who just want to get to downtown Ithaca. Members of the Public : Judy VanDermark, President of Danby Community Council reported on the Community Council events for CPR and first aid classes , safety course and the up-coming holiday party . She also reported that she has received a hate letter (from person or persons unknown) and said that she is here to tell the community of Danby that it is very clear to the N . Y. S . Police that she is not the first person in this community that has been threatened and that she will not be bullied out of this community. All the evidence has been turned over to the State Police and they have opened an investigation. She is not taking this lightly and is appalled, has done nothing to deserve it and will not stand for it. Supervisor Horst said that he too is appalled by that happening and has seen an awful hostilities around the Town of Danby but nothing he ever thought would go that far and thinks that it is terrible that this type of thing can happen around here . Pat Woodworth - said that there has been a lot of threats, a lot of personal attacks over the last year, many of them involved the Community Council business . There is concern that Community Council should not be doing anything, should not be providing any programs. There have been many people involved basic programs, baby sitting and other programs who believe that positive things are going on in Danby. She would like to reiterate the concern that nobody should receive personal threats and that Judy has done an excellent job as president of Community Council. Her communication skills are very good and she has a strong ability to communicate with adults, children, and all the program it participates. She deserves gratitude for all she has done . Roger Hile - Travor Road - asked the Highway Superintendent if he was going to do something with his road . Ames Brown - 1840 Danby Road - it might be nice to have a motion of commendation for Madam VanDermark' s fine work especially with the Jennings Pond Program . Susan Beeners - thank you to Bill Farrell who mowed the adjoining lot next to the Town Hall . 67 3 Town Board Minutes November 9, 1998 Insurance Quotes : John Bailey from Bailey Insurance Agency submitted an Insurance Quote for providing insurance to the Town of Danby and explained items in the proposal in detail . Scott Harquist of Ithaca Agency submitted an Insurance Quote for providing insurance to the Town of Danby and explained items in the proposal in detail . COMMITTEE REPORTS : EMC - Robert Roe reported : 1 ) the draft GEIS for the land use on the Southwest Park is now available on the City of Ithaca Webb Site ; 2) there are plans for a seminar or workshop on trail development in the County (intermunicipality hiking trails) ; 3 ) scope of work for water quality and biological monitoring for Cornell Lake Source Cooling Project (NYS Speedies Permit; 4) Tompkins County is considering a new communication system that is going to require additional cellular communication towers . Planning Board Report: The last meeting of the Planning Board was a joint meeting of the Planning Board and the Town Board on October 30, 1993 to hear preliminary reports on the Danby Survey . Rolf Pendall ' s graduate class from Cornell University presented an excellent review of the project . Highway Department Report - October 1999 Highway Superintendent William Hall responded to by Mr. Hile that he drives over the same roads and knows that many need a lot of work that takes time , money and favorable weather that sometimes we do not have . This isn ' t an eight hour a day job and I drive these roads at night too . Code Enforcement Office Report The Code Enforcement Officer said just to report that they are busy. OLD BUSINESS : S.P. C.A. Contract Councilperson Steiner reported on a letter from John Spence, Director of the SPCA addressing the concerns of Danby residents and the procedure of how complaints are handled. Motion to Authorize Town Supervisor to Sign S .P. C.A. Contract A motion was made by Councilperson Steiner and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes Supervisor Horst to sign the S . P . C .A. Contract for 1999 to provide Dog Control services to the Town of Danby. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval Town Board Minutes Deferred Town Board Minutes for September 14 and September 21 , 1998 and October 7, 1998 public hearing and meeting minutes were deferred because Councilperson Gagnon has not read them . NEW BUSINESS : Motion to Approve Ithaca Agency as Insurance Agency A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon that the Town Board of the Town of Danby accept the Insurance Proposal from Ithaca Agency for the Town of Danby for 1999 as presented November 9 , 1999 . A roll call vote on the motion resulted as follows : -, 968 4 Town Board Minutes November 9, 1998 Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Tompkins County Committees : Tompkins County Emergency and Fire Protection Board Supervisor Horst said that he has forwarded the information to the Fire Commissioners to send to the Danby Fire Department and West Danby Fire Department for their recommendation. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Recommendation for Appointment to the Tompkins County Hillview Road Citizen Advisory Committe A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby recommends the appointment of Tom Sachuck to the Tompkins County Hillview road Citizens Advisory Committee if he is willing to apply . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Recommendation to Tompkins County for Tompkins County Youth Board A motion was made by Councilperson Gagnon and seconded by Councilperson Inman that the Town Board of the Town of Danby recommends to the Tompkins County Board of Representatives the appointment of Judy VanDermark of 1432 Danby Road, Ithaca, New York, as a representative from the Town of Danby to serve on the Tompkins County Youth Board . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Cayuga Lake Management Plan Committee The Town of Danby has been invited to have a representative serve on the Cayuga Lake Watershed Management Group . Robert Roe said he would serve if another person is not interested . Councilperson Steiner asked the Town Clerk to submit an article in the Ithaca Journal and the Danby Area News that the Town is looking for an interested resident to appoint to the Cayuga Lake Management Plan. 5 Town Board Minutes November 9 , 1998 Authorization for Supervisor to Sign the Recreation Youth Partnership Contract Renewal A motion was made by Councilperson Strichartz and seconded by Councilperson Inman that the Town Board of the Town of Danby authorizes the Town Supervisor to sign an agreement with the Recreation Youth Partnership . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Revitalization Program Grant Application A motion was made by Councilperson Gagnon and seconded by Councilperson Inman that the Town Board of the Town of Danby approves the submission of the Revitalization Program Grant Application to Tompkins County that includes the painting of the Town Hall, replacing the concrete portico , improving the front driveway, including oil and stoning and to include the handicapped accessible parking space . Motion Withdrawn After discussion Councilperson Gagnon withdrew his motion . Approval to Submit Revitalization Grant Application A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve the Code Enforcement Officer to submit a Revitalization Grant Application to Tompkins County as proposed. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried Motion to Extend Board Meeting A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to extend the Town Board Meeting to 10 : 00 p . m. LOCAL LAW NO. 5 OF 1998 - A Local Law Amending the Town of Danby Zoning Ordinance relating to Adult Entertainment Businesses RESOLUTION NO. 57 OF 1998 SEAR RESOLUTION RELATING TO THE LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES By Councilperson Gagnon : Seconded by Councilperson Inman WHEREAS, the Town Board of the Town of Danby is considering a proposed local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES" ; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) this Board has determined that it is the Lead Agency for environmental review, and in that capacity has received, reviewed and considered a Short Environmental Assessment Form with attached comments of the Town code Enforcement Officer; Cifi Q 0 6 Town Board Minutes November 9 , 1998 and WHEREAS, based upon such information and other relevant materials and studies submitted to the Board this board has determined that proposed action will not have any significant environmental impacts ; NOW, THEREFORE, BE IT RESOLVED, that this Board determines that the adoption of the proposed local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES" will have no significant adverse environmental impacts and as a result no environmental impact statement is required. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Discussion on Proposed Local Law No. 5 of 1998 - Amending the Town of Danby Zoning Ordinance relating to Adult Entertainment Businesses Discussion: Councilperson Gagnon said that he has misgivings about this Local Law. He does not approve of where it is located as it is practically in the middle of town. Councilperson Steiner suggested that other sites be explored such as the Pirates Club , American Legion and the Common Ground. Councilperson Strichartz said that the Planning Board looked rather deeply into this . Obviously I don' t want one of these things anywhere . We had an announcement in the paper, it has been posted on the sign board, and Mr. Dobson came to a previous meeting and spoke to us about it . Councilperson Steiner is concerned that the Town did not notify all the property owners adjacent to Mr. Dobson ' s property as they were the people that were going to be affedted by this change in zoning. Code Enforcement Officer Susan Beeners said that she sent a memo months ago to the Town Supervisor, Town Attorney hinting at a proposed policy for notification of residnets within the Commercial Zone "C" , and the Town Attorney responded orally to her memo that it was not a good idea because if you are changing something in your zoning ordinance you don' t notify the residents in that area. Councilperson Steiner said that he does not agree given the fact that we have itemized several negatives with regards to what we are about to implement. RESOLUTION NO . 58 OF 1998 - Adopted RESOLUTION ADOPTING THE LOCAL LAW D BUSINESSES E TWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERT IAMEN By Councilperson Gagnon : Seconded by Councilperson Inman WHEREAS , a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to bi held by said To on November 9 , 1998 to hear all interested parties on a proposed local law entitled "A LOCA LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES" ; 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 . . . . , , 5 7 1 7 Town Board Minutes November 9 , 1998 Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law would not have a significant effect upon the environment and could be processed without further regard to SEQR; and WHEREAS , a referral of the proposed local law was made to the Tompkins County Department of Planning pursuant to Section 239-m and other applicable provisions of the General Municipal Law and said Department has indicated that the proposal will have no significant deleterious impact on intercommunity interests and that the Town ! is free to act without prejudice ; NOW, THEREFORE , be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO 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. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried Carried Unanimously TOWN OF DANBY LOCAL LAW NO. 5 OF THE YEAR 1998 A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . The Town board of the Town of Danby hereby finds that the presence of adult entertainment businesses can have serious secondary effects on the general health, safety and economic well-being of the community. As numerous studies , including the study by the Town ' s Planning Board, have demonstrated, the presence of such uses in an area may lead to : 1 . Increased police activity near such uses ; 2 . Decline in surrounding property values ; 3 . Negative community perception; 4 . Physical deterioration of neighborhood character including blighting of surrounding commercial and residential areas ; 5 . Loss of business for neighboring commercial uses ; 6 . Reluctance of non-adult related businesses to locate near adult use establishments ; and 7 . High levels of noise, nighttime activity, litter, and dust from parking lots near residential areas . 8 Town Board Minutes November 9, 1998 The purpose of this law is to mitigate the secondary effects associated with such uses, and to provide for such uses to occur only in areas where the secondary effects will have a lesser impact than would be the case in other areas . The purpose is also to limit the accessibility of such uses to children . Before adopting this local law, the Town Board has considered all possible options and is of the belief that this local law represents the least intrusive method of controlling such secondary effects . Section 2 . Considering the effects and purposes set forth in Section 1 above, the Zoning Ordinance of the i Town of Danby as re-adopted, amended and revised, on December 11 , 1991 , and subsequently amended, be further I amended as follows : 1 . Article VI, Section 603 entitled " COMMERCIAL TARGET AREA" , Subsection 4 entitled "COMMERCIAL ZONE " C"" , subparagraph (d) entitled "USES PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY" is amended by renumbering sub- subparagraph (xii) to be (xiii) and by adding a new sub- subparagraph (xii) reading as follows : "(xii) Adult entertainment business, subject to the additional requirements set forth in Section 710 . " II . Article VII entitled SPECIAL REGULATIONS is amended by adding a new Section 710 reading as follows : " Section 710 - ADULT ENTERTAINMENT BUSINESSES . Adult entertainment businesses , when permitted by other provisions of this ordinance, shall be subject to complying with the following requirements which shall be in addition to any other requirements or considerations set forth elsewhere in this Ordinance : 1 . Receipt from the Planning Board of a special permit or same after submission and approval by the Planning Board of a site plan, all in accordance with the provisions of Articles VIII and IX of this Ordinance . 2 . The building in which the business is conducted , and the related parking areas , are located at least I (a) 150 feet from any highway right of way line ; (b) 250 feet from the boundary of any Residential Zone ; (c ) 750 feet from any dwelling or public hiking trail ; (d) 750 feet from the property boundary line of any church, school , library , community center , child care facility, government building, fire station, public recreation area, or any other facility or area serving significant numbers of children and families, or where children and families regularly congregate ; and e) 1000 feet from the building and related parking area of any other adult entertainment business or any establishment at which alcoholic beverages are sold ; The distances provided hereinabove shall be measured by following a straight line, without regard to intervening buildings , from the nearest building, parking lot boundary, or other structure of an adult entertainment business, to the nearest point of the primary residential structure, public recreation area, hiking trail, lot line, or zone boundary from which the adult entertainment business is to be separated. E is 3 . The building and lot upon which it is located comply in all other respects with the requirements set forth in articles VIII and IX and with the requirements of Section 706, except as modified by this local law and with the following further exceptions : r; (a) If the type of adult entertainment business is one specified in Section 706 , the minimum parking requirements shall be those set forth in such section for that type of structure (e . g . if the adult entertainment business is a theater, there shall be one parking space for each five seats) . 1 7 9 Town Board Minutes November 9 , 1998 (b) If the type of adult entertainment business is not one specified in Section 706, the minimum parking requirement shall be 300 square feet of parking area, including lanes and driveways, for each 100 feet of floor area, exclusive of basements used for storage . (e . g . if the adult entertainment business is a massage parlor, the minimum parking area shall be 300 square feet for each 100 feet of floor area) . " III. APPENDIX I entitled "DEFINITIONS" is amended by adding three new definitions entitled "Adult ,entertainment business", "specified anatomical areas" and "specified sexual activities" reading as follows : "ADULT ENTERTAINMENT BUSINESS - A business involving one or more of the following : (a) Adult arcades where , for any form of consideration, one or more motion picture projectors, slide projectors, video cassette players, computers, or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes , slides, computer generated images, or other photographic reproductions, which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas . (b) Adult bookstores which have as a substantial (50% or more) portion of its stock in trade and offers for sale, for any consideration, any one or more of the following : (I) Books , magazines, periodicals , or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas , or (ii) Instruments , devices or paraphernalia which are designed for use in connection with specified sexual activities . (c ) Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic beverages), restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas . (d) Adult motion picture theater where , for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas . (e) Adult theater meaning a theater, concert hall , auditorium or similar establishment which, for any form of consideration, regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas . (0 Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist, or similar professional person licensed by the state . This definition shall not be deemed to include an athletic club, health club, school , gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service . (g) Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films , motion pictures , video cassettes, slides , computer generated images, or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas . " 4 10 Town Board Minutes November 9, 1998 " SPECIFIED ANATOMICAL AREAS - (a) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (b) Human male genitals in a discernible turgid state even if completely and opaquely covered . " " SPECIFIED SEXUAL ACTIVITIES - (a) Human genitals in a state of sexual stimulation or arousal ; or (b) Acts of human masturbation, sexual intercourse or sodomy ; or (c ) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast . " Section 3 . 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 4 . This local law shall take effect immediately . Motion to Adjourn Board Meeting to November 11 , 1998 A motion was made by Councilperson Strichartz and seconded by Supervisor Horst to adjourn the November 9 , 1998 Board Meeting to Wednesday November 11 , 1998 to complete Town Business on the Agenda. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained ' Strichartz Aye Carried Horst Aye Motion to Extend Board Meeting : A motion was made by Councilperson Strichartz and a second was assumed by Supervisor Horst that the Town Board extend the Board Meeting to 10 : 30 . A vote on the motion resulted as follows : Gagnon Nay Inman Nay Steiner Nay Strichartz Aye Motion Defeated Horst Aye ADJOURNMENT : A motion was made by Councilperson Strichartz and seconded seconded by Councilperson Inman to adjourn t 7 : 00 P .M . Wednesday , November 9 , 1998 Motion Carried . The meeting adjourned at 10 : 00 P .M . dia-61) , ' . gate 46.) Carol W . Sczepai( e , Town Clerk min- 11 -9-98