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Fallsburg Looking to Enact Adult Business Zoning Laws

By Rob Potter
FALLSBURG — April 21, 2000 -- The Town of Fallsburg was caught by surprise a few months ago when the Blue Moon II opened along Route 42 just outside the hamlet of South Fallsburg.
The Blue Moon II, a juice bar that features nude dancing, opened in August at the former E’s Restaurant.
While there have been no major problems with the establishment and there are no large signs or advertisements that call undue attention to the place, Town of Fallsburg officials are taking steps to ensure they won’t be taken by surprise again when – or even if – a similar establishment wants to open within the town’s boundaries. The town is planning to change the fact that it currently has no zoning regulations that clearly define where such adult businesses can operate.
At a town board meeting on April 11, Town Building Inspector Allan Frishman used a town zoning map to show the board members where zones for such adult businesses could exist. He explained that, in most cases, such establishments are limited to industrial zones.
But some industrial zones in the Town of Fallsburg are gateways to the town, such as the area near Exit 107 off Route 17.
So, Frishman proposed the town create two overlay zones that would allow for adult businesses like the Blue Moon II.
“One would be along Ulster Heights Road in the northeast corner of the town, and the other would be at the end of Dairyland Road,” Frishman explained. “We tried to find a place where such businesses wouldn’t be sitting right along a busy road.”
Both areas are located in eastern portions of the Town of Fallsburg, which are sparsely populated compared to other locations in the town.
“By law, we have to find a place for these adult businesses,” Supervisor Steven Levine said. “We really don’t want any more of these businesses in the town, but constitutionally there has to be a place for them.”
Because it opened last year, the Blue Moon II would not be affected by any new zoning laws.
While some discussion of the proposed overlay zones took place at the board meeting, no definite action was taken by the board.
A public hearing on the zones will be held prior to the next regular board meeting, scheduled for next Tuesday, April 25. The hearing will begin at 7:20 p.m. at the town hall in South Fallsburg.
Frishman noted that a public hearing on the overlay zones would have taken place earlier, but officials in the Town of Wawarsing in Ulster County had to be notified first, as the two zones border that town.

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