Parishioners hear report on zoning 'adult' business

In a move that advances the continuing efforts of area residents towards establishing zoning laws and regulations to limit "adult" stores, an informational meeting was held last week at the Clifton Park town hall.

After the meeting, however, questions remain about where the businesses will be located.

Regulations

Basing their presentation on case law decisions, William Sharp and Lori Hytoff explained proper procedure for towns aiming at limiting sexually oriented businesses. Throughout the three-hour meeting, they fielded questions and concerns from residents, board members and visitors from nearby towns.

"We are here tonight to learn, not to make any decisions," said Mr. Paolucci, chairman of the committee that has been determining zoning and regulatory usage of town property for the establishment of "adult" businesses since last year. "There have been lots of changes in New York State case law within the past year or two that directly affect our situation here in Clifton Park."

Rules

Mr. Sharp and Ms. Hytoff noted that both the First Amendment to the U.S. Constitution and Article One of the New York State Constitution protect the right of such businesses to exist in any city or town. As a result, although such businesses can be regulated with regard to where they can operate within a town or city, they cannot be banned outright.

"That infringes upon their first amendment rights, both on the federal and state level," warned Mr. Sharp.

Limits

* Establishing definitive zoning laws,

* Adopting clear definitions of what "adult use" stores are,

* Completing a site plan review, and

* Developing a strong secondary impact study.

Additionally, towns can identify districts in which "adult" businesses can be allowed and concentrate the area of usage and/or disperse the usage within that area, if they choose. The municipality may also decide that such businesses are only allowed in a remote-zoning district, such as an industrial zone. That would separate that business from certain sections of the town, such as the downtown or highly populated areas, and away from school districts or churches. This provides an opportunity for people who are offended by such stores to avoid them.

Parish concerns

As she and other concerned residents have followed the unfolding of events, their concern has grown as they foresaw the obvious negative effect that these businesses could have on the entire town.

"Our contention is that not only will the people of the parish of Corpus Christi be adversely affected by such businesses, but the entire town of Clifton Park," she said. "We are deeply concerned because the areas being considered for placement [of these businesses] are not only near our church but also near the most populated sections of town."

Possible sites

Corpus Christi parish is located at Route 9 and Ushers Road, putting it less than a quarter of a mile from the Roberts Road entrance to the proposed zone. There is already one such business in the town of Half Moon, near the Clifton Park town line.

Some residents have suggested that the town consider land west of the highly populated areas on both sides of the Northway, away from neighborhoods and churches. The town has yet to make a decision where the exact placement of these businesses will be.

After the presentation, Mr. Paolucci advised residents that the town board would take into consideration the advice of the state representatives with regard to amending the town's zoning law and regulations.

(07-26-01) [[In-content Ad]]