HomeMy WebLinkAbout1998-02-23 - TB Ulysses Town Board Public Hearing
February 23 , 1998
Present : Supervisor Doug Austic , Members Caroline Duddleston and Bobby Weatherby ,
members of the Planning Board, and members of the public .
Recording minutes : Debra Austic
Doug called the hearing to order at 7 : 08 p . m . and explained the purpose to
establish a 180 day moratorium on adult entertainment businesses in the Town. Doug
read the proposed resolution as follows :
Be it enacted by the Town Board of Ulysses as follows :
Section 1 . Findings and Purpose . The Town Board of the Town of Ulysses finds :
1 . An adult entertainment business has been established in a nearby community, which
establishment has resulted in considerable controversy over the potential adverse
effects of such business upon neighboring properties and the community as a whole ;
2 . In light of such establishment it would be appropriate to consider the need for
regulating the establishment of such businesses in the Town of Ulysses;
3 . At present, the Town ' s Zoning Ordinance may not address such enterprises anywhere
in the Town, and if such businesses were to be permitted, it would be appropriate to
consider where in the Town they might be located ;
4 . Regulation of certain types of adult entertainment establishments may incidentally
result in some limitation of such free speech privileges and it is therefore necessary
to determine what types of legislation would be appropriate and permissible, and
would result in the least intrusion on free speech or other constitutional rights ;
5 . The Town has begun the process of carefully studying the effects of adult
entertainment businesses on a community and surrounding properties, the appropriate
locations in the Town for such businesses, and the amount of regulation, if any,
necessary and permissible to minimize the adverse effects with the least impact on
constitutional rights ;
6 . It is anticipated that the study can be completed, and legislation, if needed, drafted
and properly adopted within 180 days of the adoption of this local ordinance ;
7 . The purposes of any new legislation would be significantly subverted if an adult
entertainment business were to be established before the study could be completed
and implemented by legislation ; and
8 . Accordingly, in order to maintain the status quo relative to such adult entertainment
business during the limited time the Town needs to complete such study and adopt
such legislation, it is necessary to adopt this local ordinance .
Section 2 . Definitions . The following definitions apply to this local ordinance :
"Adult entertainment business" is a business involving one or more of the following :
a) 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 .
b) Adult motion picture theater where, for any form or 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 .
c) 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 .
d) 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
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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 .
e) 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 , or other photographic reproductions
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas .
" Specified anatomical areas" means
a) Less than completely and opaquely covered human genitals , pubic region, buttock, or
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" means
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 . Prohibition of Adult Entertainment Businesses . For a period of one
hundred eighty days from the date of enactment of this local ordinance, no adult
entertainment business shall be established or permitted in the Town of Ulysses .
Section 4 . Implementation of Prohibition . For a period of one hundred eighty days
from the enactment of this local ordinance .
1 . No Town official shall accept for filing any application for the establishment of an
adult entertainment business ;
2 . The Town Planning Board shall not grant any approvals, preliminary or final , for any
site plan or subdivision involving , or related to , the establishment of an adult
entertainment business ;
3 . The Town Zoning Board of Appeals shall not grant any special approval or variance
permitting the establishment of an adult entertainment business ; and
4 . The Building Code and Zoning Enforcement Officer shall not issue any building or
other permit for any construction or change of use that is related to , or would result in
the establishment of an adult entertainment business .
Section 5 . Penalties .
1 . Any person establishing or conducting an adult entertainment business in violation of
this ordinance shall be subject to the penalties set forth in Section 268 of the Town
Law of the State of New York.
2 . In the event of an unlawful establishment of an adult entertainment business , in
addition to any other remedies available to the Town, the proper authorities of the
Town may institute any appropriate action or proceeding to enjoin, prevent, restrain ,
correct or abate such violation or any occupancy in violation of this ordinance .
Section 6 . Term . This local ordinance shall be in effect for a period of one hundred
eighty days form its effective date, provided, however that the penalty section shall
remain in full force and effect after such one hundred eighty day period for the purpose of
prosecuting any violation which occurred during such one hundred eighty day period .
Section 7 . Applicability . This local ordinance shall apply to all areas of the Town of
Ulysses outside the Village of Trumansburg .
Section 8 . Partial Invalidity . If any provision of this ordinance is found invalid by
any court of competent jurisdiction, such invalidity shall not effect any other provisions
of this local ordinance which shall remain in full force and effect.
Section 9 . This local ordinance shall take effect upon adoption and publication of a
summary hereof as provided by law .
Doug reported that the Tompkins County Planning Board had sent a letter of
response to the 239m finding no effect. Doug asked for public input. The Board discussed
that video and book stores were not listed in the moratorium. The final ordinance would
need to be done by the end of the 180 days . Some model ordinances were sent from other
Towns . Doug closed the public hearing at 7 : 25 p . m .
Caroline made a motion to pass the ordinance as written. Bobby seconded the
motion. The Board voted and the resolution passed .
Doug — AYE
Caroline — AYE
Bobby — AYE
The Board took brief break to wait for members of the Planning Board to arrive .
Paula Horrigan, Bud Stover, Dave Tyler, and Greg Hoffmire arrived . The Town and
Planning Boards reviewed draft copies of changes to the tower ordinance and suggested
additional alterations .
The Board discussed the 1 % fee rate included in the ordinance . Doug distributed
copies of a paper from the Association of Towns that Peter Penniman had received . The
Board discussed what costs would be reasonable and that attorneys ' fees could not be
covered . Doug noted that Bruce had not included the impact fee for height in the draft
revision, perhaps because it would not be supported .
Paula felt that there was a lot of emphasis on visual impact and not as much
mention of other impacts such as preservation of rural character. Paula suggested the
Town should make a strong value statement on the first page and change wording to
phrase the intent of the ordinance in terms of positive goals . Paula brought up broadening
the scope to site enhancements and preservation of the surrounding environment.
The Board discussed the process of scoping and whether material should be
requested in advance and what type of information might be needed. The consensus of
the group was that Alex would guide the applicant about what information would be
required using the ordinance and checklist prepared by Tom Aiston. Doug mentioned that
the abbreviated permit path for co- location was not included in the draft. Dave suggested
it could be attached at the end as a simplified permit procedure .
There was a discussion of making an additional requirement on the site plan to
include submissions of visual simulations from multiple vantage points of the proposed
developed site by computer graphic imaging specialist. Photographic simulations such as
those provided by Frontier were suggested but also a visual assessment map asking the
applicant to provide reasoning for their site location . Although this was provided upon
request by the previous applicant, the Board felt it should be a requirement in the
ordinance .
There was a discussion of the time-table requirements . There was discussion of
how to determine when an application is complete or accepted and when to have a public
hearing . The schedule was set to be review by the Planning Board within 30 days from
formal filing of the application with the clerk, a public hearing within 30 days after the
first review meeting of the Planning Board, and 60 days after the hearing to make a final
decision .
The Board discussed the landscaping for the Frontier tower. Paula argued for a
broader sense of site enhancement, including earthworks and tree removal to locate a
tower in the edge of trees . The Board chose to remove the statement suggesting the fence
be six feet high to leave it up to the applicant to determine security .
Questions were raised by the public regarding section D and section K. Under
section D( l . ) , there was a question whether it was necessary to include reference to the
frequency reuse and spacing needs of the applicant. In section K(c . ) there was a question
whether this was addressed with K(b . ) . A number of other minor wording changes were
suggested .
The Board discussed the difference between a type 1 action and the long for EAF .
A comment from the public suggested the ordinance should require an EIS . The meeting
ended at 9 : 55 p . m .