HomeMy WebLinkAboutTB Minutes 2018-04-23 Study Session of the Ithaca Town Board
April 23, 2018
4:30, Town Boardroom
Agenda
1. Joint Youth Commission presentation
2. Discuss and consider authorization for Town Supervisor to sign an agreement with
Larsen Engineers for work associated with Ellis Hollow Tank easements
3. Possible—request for waiver/reduction of a TCO fee for a single family residence on
Dubois Rd
4. Committee Reports
a. Planning
b. Public Works
c. Budget
d. P&O and Employee Relations
5. Consent Agenda
a. Approval of Minutes
b. Town of Ithaca Abstract
6. 5:30 Public Hearings:
a. LaTourelle/Firelight Camps Noise Permit Application
b. Ithaca Beer Noise Permit Application (revised for single event)
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins
County, New York that the following notice has been duly posted on the sign board of the Town Clerk of
the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Jounial:
0 ADVERTISEMENT/NOTICE
0 NOTICE OF PUBLIC HEARINGS
Ll NOTICE OF ESTOPPEL
0 NOTICE OF ADOPTION OF PUBLIC INTEREST
ORDER
Noise permits for:
Ithaca Beer and LaTourelle/Firelight Camps
Towrt of Ithaca
Pijbilic I-lea,ring
The Ithaca Town t3oardi wjjl� hod a pubfic �heartnv, '9n
I,ocation of Sign Board Used for Posting: Men ji :�3, 2018 "311ninitlg at 5;30,pM1-a
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Town Clerk's Office run Inter -irow9h ;the )6utdoor-,season!"ofn4moy
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215 North Tioaa Street her 2018,'
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Ithaca, NY 14850LATourelle/Fireliqlit Camps - �V ekly nightly qd ;,A,
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Date of Po ing: 4/1.3/2018
Paulette Rosa
Date of/P tion: 4/1.3/2018 Town Clerk
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Paulette Rosa
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOtWN OF ITHACA)
Sworn -and subscribed before me this J--day of
2018.
i ..'Public
Debra DeAugistine
Notary PUblic-stag;of rlew Yb(4
No.01 DE 6148035
Owifified in Tofnpkins County
My Comrnscion Ex0ras June 1:1,20
Christopher Feitzinger Robert and Deborah McIntyre Robert and Deborah McIntyre
111 Fidler Rd 113 Tamarack Ln 113 Tamarack Ln
Ithaca,NY 14850 Trumansburg,NY 14886 Trumansburg,NY 14886
Benjamin&Stevenson Cary Sosebee&Miranda Demarest Guru Hotels,LLC
129 West Falls St 850 Five Mile Dr 51 Anderson Rd
Ithaca,NY 14850 Ithaca,NY 14850 Cheektowaga,NY 14225
Philip White Gary Dale Underwood Yunis Realty Inc
348 S Applegate Rd 108 Fidler Rd 214 E Church St
Ithaca,NY 14850 Ithaca,NY 14850 Elmira,NY 14901
Nut Brown Realty Mitchell Ventures,LLC GreenTree Ithaca LLC
122 Ithaca Beer Dr 122 Ithaca Beer Dr 142 Ithaca Beer Dr
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
GreenTree Ithaca LLC Grigorov Family LLC Elmira Rd,LLC
142 Ithaca Beer Dr 629 Coddington Rd 1001 Bay Rd,#210C
Ithaca,NY 14850 Ithaca,NY 14850 Vero Beach,FL 32963
Ferrara Realty,Inc John&Debbie Sladich Gary&Patricia Bordoni
408 S Albany St 13 Apple Blossom Ln 12 Peachtree Ln
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Lawrence&Louise Sallinger Joan and Robert Geiszler
14 Peachtree Ln 13 Peachtree Ln
Ithaca,NY 14850 Ithaca,NY 14850
Kaethe&Nathalie Bessou Kaethe,Nathalie&Nathan Bessou Kaethe&Nathalie Bessou
401 Nelson Rd 401 Nelson Rd 401 Nelson Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Walter Wiggins Byron&Amy Barnes Bessou,Xavier
308 N Tioga St 255 WH Street Bessou,X&N&K
Ithaca,NY 14850 Benicia,CA 94510 401 Nelson Rd
Ithaca,NY 14850
Bessou,Nathalie Bessou,Kaethe David&Doris Hendrickson
Bessou,X&N&K Bessou,X&N&K 1143 Danby Rd
401 Nelson Rd 401 Nelson Rd Ithaca,NY 14850
Ithaca,NY 14850 Ithaca,NY 14850
Douglas&Louise Derraugh Patricia Long Yue Hao&Hongwei Guan
6 Schickel Rd 4 Schickel Rd 2 Schickel Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Andrew&Inta Ezergallis Edward Kratil and Deborah Seligmann Kratil Westview Partners,LLC
1157 Danby Rd 1151 Danby Rd 217 Buttermilk Ln
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Lillian Jane Yengo Christopher&Katherine Holmes Rich and Linda Marie Leonardo
1147 Danby Rd 101 Larisa Ln 1134 Danby Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Clara Leonardo Clarence&Ter ie Mayu Namgyal Monastery Institute
1132 Danby Rd 103 Sesame St Attn: Ngawang Dhondup
Ithaca,NY 14850 Ithaca,NY 14850 201 Tibet Dr
Ithaca,NY 14851
Study Session of the Ithaca Town Board
April 23, 2018
Minutes
Board Members Present: Pamela Bleiwas, Chair; Rod Howe, Deputy Town Supervisor; Pat
Leary, Tee-Ann Hunter, Eric Levine, and Rich DePaolo
Staff Present: Susan Ritter, Director of Planning; Debra DeAugistine, Deputy Town Clerk; and
Jim Weber, Highway Superintendent
1. Joint Youth Commission presentation
Kris Bennett, Tompkins County Youth Services Department liaison to the Joint Youth
Commission, and Evie Karnes, chair of the Joint Youth Commission and representative from
the Town of Ithaca, were present to give an update on the needs assessment they recently
completed. (See Attachment 41)
Ms. Bennett noted that there are currently three representatives from the Town of Ithaca on
the JYC, but there's been a vacant seat since Mr. DePaolo's daughter, Julia, left for college.
She requested we try to fill our town vacancy. Nearly 200 youth were served by the programs
from the Town of Ithaca, including Cayuga Heights.
Ms. Bleiwas asked whether they ask participants in the program if they want to serve on the
board.
Ms. Bennett responded that they do, but the youth they serve are usually younger. The
program tends to lose track of kids when they reach 16 or 17. They've sent letters home to
the parents of participants.
Ms. Karnes added that as well as providing youth with community service experience and
seeing how government works, serving as a representative is also an easy way for an adult to
get involved in the community. It's not a huge commitment.
Ms. Hunter asked if they have an invitation we could leave in the clerk's office and maybe
post somewhere. Ms. Bennett agreed to provide one.
Ms. Hunter asked if the town's website has a listing of vacancies for our boards.
Ms. Bleiwas agreed to look into how we advertised board vacancies that were recently filled.
2. Discuss and consider authorization for Town Supervisor to sign an agreement with
Larsen Engineers for work associated with Ellis Hollow Tank easements
TB Resolution 2018-63: Authorization to amend existing contract with Larson Design
Group to expand the scope of work to include preparation of easement maps for the Town
of Ithaca Ellis Hollow Watermain and Tank Proiect
TB 2018-04-23 Pg. 1
Whereas: on August 31, 2017 the Town Board approved Award of the Contract for Ellis Hollow
Water Tank Engineering and Design Services ( TB Resolution 2017-099) to Larson Design
Group for the Design of the Ellis Hollow Tank and Water Main Extension Project Water System
Improvements, and
Whereas, on March 26, 2018 the scope of work was expanded to include the additional work of
preparing easement maps for the tank, control building and watermain, (TB Resolution 2018-
048); and
Whereas, the scope of work needs to be expanded to include additional work of preparing
easement maps for the watermain at an additional cost of$2,350.00; now therefore be it
Resolved, that the Town Board hereby authorizes said amendment to the existing contract as
detailed above.
Moved: Rod Howe Seconded: Rich DePaolo
Vote
Ayes: DePaolo, Hunter, Levine, Bleiwas, Leary, Howe
3. Discuss and consider a recommendation to Tompkins County Legislature for an
appointment to the Youth Services Board
TB Resolution 2018-064: Recommendation to the County Legislature to Appoint Kelly
Sauve to the Youth Advisory Board as a Town of Ithaca representative
Resolved that the Town Board of the Town of Ithaca hereby recommends that Kelly Sauve be
appointed as a Town of Ithaca representative to the Youth Advisory Board for a term ending
12/31/2019.
Moved: Tee-Ann Hunter Seconded: Pat Leary
Vote
Ayes: DePaolo, Hunter, Levine, Bleiwas, Leary, Howe
4. Committee Reports
a. Planning Committee
Mr. DePaolo said that at last Thursday's meeting, the committee first discussed consideration
of a recommendation to the town board to research purchasing development rights for a
parcel on Bostwick Road. We recommended that the town board have an appraisal conducted
and make a determination based on that information. The second item the committee
discussed concerns Chainworks. New environmental data has come forward. We had a joint
meeting with Chainworks, the city planning and economic development committee, and the
town planning committee. The environmental attorney for the Chainworks team indicated
that they're likely to see an action from the DEC on the record of decision in September.
TB 2018-04-23 Pg.2
Next month, we'll take another look at the PDZ language for that project; we can't take
action on that until after the environmental review is completed.
Mr. Howe asked whether we'll meet again with the city.
Mr. DePaolo responded that it hasn't been discussed, but the decision will be quite weighty
and will steer the project dramatically, so it makes sense to meet again at that time.
b. Public Works Committee
Mr. Howe said there was a request to use a small electric vehicle on the East Ithaca Rec Way
to show the Maplewood apartments. The committee decided to encourage them to use
alternative options. We also discussed a speed limit reduction on Mitchell Street, and the
committee was in favor of requesting 30 mph from Pine Tree Road to the city line on
Mitchell Street. We talked about the raised trail section for Mitchell Street.
Mr. Weber said he will be getting comments back based on their review for some corrective
action and clarifications. Ms. Ritter added that Mr. Weber will meet with Jeff Smith to talk
about the memorandum of agreement.
Mr. Howe said the committee talked about providing Maplewood with water prior to the
completion of the tank in May; there was no action taken.
Mr. Weber added that the discussion on Alternate B was to decide what modification can be
made to the control building if they need water. We included those within our project, so the
only issue is getting a schedule from our contractor, but they can't provide a schedule until
we've approved all their materials and components. We've completed that, and it looks like
July 1st should not be a problem for us.
Mr. Howe said a committee interviewed 10 candidates for Rich Schoch's position. An offer
has been made and accepted.
Mr. Weber added that he will be joining us from the Town of Vestal, where he did
maintenance for their recreation facilities, and was involved in budget work and office
administration work for their parks and recreation department. His first day will be May 21st,
with overlap with Mr. Schoch.
c. Budget Committee: Mr. Levine said there was no meeting in April.
d. P&O and Employee Relations Committees: Ms. Bleiwas reported that the committees did not
meet in April. Both will meet in May.
5. Consent Agenda
6. Approval of Minutes
7. Town of Ithaca Abstract
TB Resolution 2018-065: Adopt Consent Agenda
TB 2018-04-23 Pg.3
Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the
following Consent Agenda items:
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
Moved: Rod Howe Seconded: Tee-Ann Hunter
Vote
Ayes: DePaolo, Hunter, Levine, Bleiwas, Leary, Howe
TB Resolution 2018-065a: Approval of Minutes of April 9, 2018
Whereas, the draft minutes of the April 9, 2018 meeting of the Town Board have been submitted
for review and approval, now therefore be it
Resolved, that the Town Board hereby approves the submitted minutes as the final minutes of
the meeting on April 9, 2018 of the Town Board of the Town of Ithaca.
TB Resolution 2018-065b: Town of Ithaca Abstract
Whereas the following numbered vouchers have been presented to the Ithaca Town Board for
approval of payment; and
Whereas the said vouchers have been audited for payment by the said Town Board; now
therefore be it
Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in
total for the amounts indicated.
VOUCHER NOS. 499 - 568
General Fund Townwide 36,073.69
General Fund Part-Town 6,153.05
Highway Fund Town Wide DA 323.10
Highway Fund Part Town DB 9,018.45
Water Fund 7,155.85
Sewer Fund 10,660.15
Risk Retention Fund 2,741.50
Fire Protection Fund 255,000.00
Forest Home Lighting District 47.91
Glenside Lighting District 14.31
Renwick Heights Lighting District 24.70
Eastwood Commons Lighting District 33.44
Clover Lane Lighting District 4.47
Winner's Circle Lighting District 6.68
Burleigh Drive Lighting District 15.59
West Haven Road Lighting District 61.85
Coddington Road Lighting District 35.96
Trust and Agency 12.92
TB 2018-04-23 Pg.4
TOTAL 327,383.62
6. Public Hearings:
a. LaTourelle/Firelight Camps Noise Permit Application (Attachment#2)
Ms. Bleiwas opened the public hearing at 5:31. Hearing no one, she closed the public hearing.
b. Ithaca Beer Noise Permit Application (revised for single event) (Attachment#3)
Ms. Bleiwas opened the public hearing at 5:31. (See written comments in Attachment 44)
Larry Sallinger, neighbor of Ithaca Beer, said he has submitted a number of written comments
(see Attachment 44). He noted that in today's mail, they received their current copy of Finger
Lakes Magazine, which contains an ad for Ithaca Beer's launch party with live music on May
1 lth, in advance of being granted the noise permit.
Michael Vitucci, 191 Seven Mile Drive, did not wish to speak against Ithaca Beer, but rather the
way noise issues have been handled to date. The issue is quality of life. He lives as far away as
you can from where all of the other people in the neighborhood live. They're subject to a lot of
noise now. He's a musician and has played at places like Ithaca Beer for 40 years, so he
understands noise and its effects on surrounding communities. When there's a big event and a
big band, he can hear it where he lives. He thinks the board should consider that when deciding
whether to grant a noise permit. The frequencies travel differently depending on the type of
instrument; the bass can travel for miles and drive people who don't like it out of their minds. If
the folks in the neighborhood are going to have to put up with the noise every Friday and for four
special events, the town needs to take some ownership about what they're going to do to protect
the rights of the folks who live in that community. He's all for music; he's made a great side
living being in rock and roll bands in Ithaca. Ithaca Beer putting a band outside with no shell, no
structural bandstand to speak of, noise is going to go everywhere. Depending on the Sheriff to
uphold the law, to have them clean up after what hasn't been dealt with by the town, is a big
mistake to expect from law enforcement.
Kurt Komaromi, 10 Peachtree Lane, added support to what the neighbors have said. He thinks
the board is acting in concert with the brewery, and has been from day 1. You gave them the
change in zoning that allowed them to build. You've given them permission in the past to hold
outdoor events. There has never been any oversight or obligation from the brewery to contain the
noise. It's an open space between the brewery and the neighboring residences. A couple years
ago, the neighbors made the point that the brewery needed to erect some type of sound barrier,
take some sort of step to mitigate the noise. They've done nothing, while at the same time
investing who knows how much money in their facility. It's expanded; there are solar panels all
over, but they haven't spent a dime on noise mitigation. The reason they haven't is clear: they
know have the support of the board. He thanked the neighbors who have researched and found
NYS agencies who they can appeal to who might be impartial and will at least be willing to
listen.
TB 2018-04-23 Pg. 5
Rob Geiszler, 13 Peachtree Lane, said he sent a document to the board. What concerns him the
most is the mission creep. It started out that there was one concert, then a couple, now there's a
concert every week. How long before there are concerts every day? The neighbors have been put
into the position of having to listen to what the others have chosen as the appropriate music for a
particular night. There are a number of things that could be done for mitigation. It would be
valuable if someone measured the decibel level. Are there no steps Ithaca Beer is required to take
to mitigate the problem?
Joan Geiszler said that she appreciates Ithaca Beer's efforts to get people outside. Their beer
garden is popular. Sunday they had a race around the neighborhood. You hear children running
and there are games to play and they sponsor activities. Their live music is a little loud, and
maybe they could think about where they place their musicians, which now is as deep into their
property as you can go before reaching their utility road. Behind the utility road is a pond, and
behind the pond is her neighborhood. The music is far from their fire pit where people sit and
gather; it's far from the pergola and outdoor dining area, which makes her think the music is too
loud for people to enjoy listening to while eating. It's closer to her property and therefore louder
for the neighbors. She's not opposed to their having outdoor music, but they should have a clam
shell or sound absorbing structure to keep sound from rolling back into the neighborhood. She's
also concerned about the frequency of the concerts increasing. It's an intrusion on the neighbors'
outside time. She asked the board to consider requesting they either move where they put their
musicians or have a structure for the musicians to keep sound from bouncing back.
Ms. Bleiwas closed the public hearing at 5:46.
Town Board Discussion, LaTourelle/Firelight Camps Noise Permits
Mr. DePaolo said we have no representation from code enforcement. He's not aware of any
complaints related to activities at LaTourelle and Firelight Camps. He's inclined to approve the
permits given the fact that we have a right to rescind them at any time.
Ms. Hunter said it's easy to think it's a good idea until it actually happens, but then people who
live nearby, like the people near Ithaca Beer, are subject to the music. We seem not to have
arrived at a plan in terms of these approvals. We used to consider these permits one at a time, but
now for expediency, we allow people to apply for a season's worth of permits. She doesn't have
an objection to music without a great deal of amplification, but is sympathetic to people who
have to listen to it every Tuesday and Thursday evening from May until October. Although the
majority of bands will be acoustic duos and trios, on occasion (which is unquantified), a five- or
six-piece rock band will play. An amplified DJ can get very loud, and she questioned the why
it's okay to face west towards Buttermilk Park. She's not convinced she'd be in favor.
Mr. DePaolo said he predicted his support for the permits on the historical operation. Granted,
there are more events, but there have been happy hours, rock bands, and, to his knowledge, there
has been no concern from adjacent residents. He's not oblivious to having amplified music, but
this is not a pilot program: they've had large events on a regular basis for three or four years with
no consequences. He stressed that these permits have to be site-specific. He's concerned about
impacts to residents. He has his own issues with Ithaca College, but until there's a reason to
curtail economic and cultural activity at a venue, he doesn't feel he has any justification to say
no.
TB 2018-04-23 Pg. 6
Ms. Hunter said that assumes that we predicate our approval or disapproval of these events on
the courage of area residents to take the time and energy to come forward and make a complaint
to their municipality. We have no criteria for judging these applications other than pushback
from people in the area.
Ms. Leary agreed that that's the ultimate measure. People in the town aren't shy to come out;
people are here at this meeting to talk about the other application. If the track record is that no
one has complained, it doesn't seem like a risky approval.
Ms. Hunter said then we say yes to LaTourelle and maybe we say no to Ithaca Beer, so the only
criteria we use to determine whether it's allowable is pushback. It's that kind of work we haven't
done.
Ms. Leary pointed out that our noise ordinance is complaint-driven. We got away from the
decibel level and objective measurements, so now it comes down to whether or not it's bothering
people.
Ms. Hunter countered said it's whether it's reasonable, not whether it's bothering people.
Ms. Leary said it allows for complaints instead of specifying a decibel level, so the complaint is
what triggers whether we deem it reasonable besides the prohibition at certain hours.
TB Resolution 2018-066: Noise Permit for LaTourelle/Firelight Camps for 2018 Outdoor
Season Events
Resolved that this board grants the application for a noise permit for various outdoor events
scheduled in 2018, as listed in the application, with the following conditions:
Moved: Rich DePaolo Seconded: Eric Levine
Vote
Ayes: DePaolo, Levine, Bleiwas, Leary, Howe
Nays: Hunter
Town Board Discussion, Ithaca Beer Noise Permit, May 11th from 5 p.m. to 9 p.m.
Ms. Bleiwas said the town board is interested in hearing about the neighbors' concerns and is
looking to have a community meeting with residents and Ithaca Beer. People should have
received notice of that.
Mr. DePaolo said he doesn't appreciate having his job called into question, the idea that he's
shirking his constitutional responsibilities or otherwise partial to Ithaca Beer. He knows Dan
Mitchell, he's been to Ithaca Beer, he's a musician, but has never played there. He's not
persuaded by the legal issues brought forward [in Mr. Sallinger's email, Attachment 3], but he is
persuaded by the quality of life arguments. Ithaca Beer has not attempted to mitigate noise at the
site; he thinks there could be some relatively inexpensive things they could do if they wanted to
maintain an ongoing outdoor entertainment presence. Looking at it from the other side, Ithaca
Beer might be reticent to invest in a band shell and then find out that that isn't sufficient for the
TB 2018-04-23 Pg. 7
neighbors. In his experience living on South Hill, he's constantly inundated by music from Ithaca
College's Athletic and Events Center playing fields, where there's warmup music for a half hour
to 45 minutes prior to every game, every day, when there seems to be no or few attendees. This
is being done for the experience of their athletes. He's had ongoing dialogue with them for many
years. It's a process; it takes time. From his perspective, he's not convinced that the neighbors'
issues have been taken seriously by Ithaca Beer, so he won't support the permit as a way of
indicating that he's serious about their investing in some compromise measures that would allow
them to do what they want to do and still preserve some semblance of quality of life for the
neighborhood. On the other hand, there's the question of the type of noise and whether or not it
annoys you. Every time someone fires up their lawn tractor, he gets annoyed. An outdoor air
conditioner is probably louder in terms of decibel measurement from 100 feet than the band is
from a distance of 700 feet. He doesn't like the sound of lawn tractors whirring for hours on end
in a sunny suburban neighborhood, but that's the way it is. He doesn't suspect you'd fire off
complaints about your neighbors for cutting their grass even if it's an annoyance and drives you
inside for a couple of hours. It's all a question of perspective. His decision in this case is based
on the history of the facility and his perception of lack of mitigating action.
Ms. Hunter agreed with much of what Mr. DePaolo said. The leaf blower is the real offence in
her experience. We have tried to deal with this issue with Ithaca Beer, and they have not taken
measures to try to mitigate the impacts.
Mr. Howe reminded the board that this permit is only for May 1 lth and that there will be another
public hearing for the ongoing events. He's willing to vote in favor of this permit given that there
will be a meeting before any more events are held, and agrees that Ithaca Beer could have acted
more proactively.
Ms. Leary agreed, and noted that the board originally was going to consider the same blanket
permit for the season as for LaTourelle, but because of concerns by the neighbors and by the
board, we've narrowed it to just the first event,pending further conversations. She agreed that
they haven't tried to mitigate the noise and suggested they lower the amplification. If the music
is too loud for the diners to eat comfortably and talk to one another, then it's too loud. It doesn't
cost anything to ask the band to lower the amplification. She's willing to grant the permit for the
launch because it's coming up so soon, but we need to impress on them that we're not going to
continue handing out noise permits if they keep doing what they've been doing.
Mr. Levine thanked the neighbors for coming to the meeting. He would like to see Ithaca Beer
do some type of mitigation for their sound and said the board is going to work with them to do
that. He'll vote in favor of this upcoming event, which is for four hours on May 1 lth, but will be
much stricter when we negotiate with them about mitigation.
Ms. Bleiwas said she'd support it as well, and thinks it's a reasonable compromise to approve
only this event. She said she has attended Ithaca Beer music nights and it hasn't seemed
excessively loud, but acknowledged she doesn't live there. She also thinks Ithaca Beer is a really
nice place for families and people who live in Ithaca and the surrounding counties to go spend
some time outside in the summer, have a beer, eat some food,play on the lawn, and listen to
music. There's value in that and it's unfortunate that some homes are affected and hear music
that they don't choose to hear. Everything in government is a balancing act.
TB 2018-04-23 Pg. 8
TB Resolution 2018-067: Noise Permit for Ithaca Beer for the Lawnch party on May It,
2018 from 5-9 p.m.
Resolved that this board grants the application for a noise permit for Lawnch on May 11th from
5-9 p.m., as listed in the application, with the following conditions:
Moved: Eric Levine Seconded: Rod Howe
Vote
Ayes: Levine, Bleiwas, Leary, Howe
Nays: DePaolo, Hunter
Mr. Sallinger pointed out that the public meeting is Friday at 3 p.m.; if the board is really
interested in hearing from the public, they should consider giving enough lead time and to hold a
meeting at a time when people can attend.
Mr. Vittucci suggested board members go to someone's house in the neighborhood when an
event is in progress.
Mr. DePaolo responded that when we visit the site, we walk down Peachtree Lane.
Ms. Bleiwas suggested that if someone can't make the meeting, they send an email requesting
that the meeting be held at a different time.
Adjournment
On a motion and a second, the meeting adjourned at 6:13 p.m.
Submitted by
JA
Debra DeAu e, Deputff owi Clerk
TB 2018-04-23 Pg. 9
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2018 joint, Youlit kl Cortirnission Youlit kl Needs Assessuient
The Joint Youth Commission (JYC)
recommends how local funds should be
��a� �� %/i�l THE JOINTYOUTH COMMISSION ENCOMPASSES:
, % ,� r�
allocated to address the needs of youth Village of Lansing
livingin the Town of Ithaca Town of , ,
� / °' --Village of Cayuga Heights(part off.Ithaca)
Caroline, Village of Cayuga Heights and �;�� '/� !
.Town of Ithaca
o
Villagef Lansing. The JYC has two D%1�% /j' v�..
i Town of Caroline
program priorities: employment training,
career exploration, apprenticeships and
first-time youth employment; and youth
development and life skills.
In 2017-18, the JYC conducted its most recent needs assessment to understand the needs of youth in
the community and update and inform its priorities and funding. Please see "Process" section at the
end of this document for details on how the assessment was conducted. Our primary feedback came
from 400 youth and 65 adults who responded to a survey targeting residents of the JYC communities.
Additional demographics on respondents can be found on page 6.
1.3est things vnl otit;otir coinintinity for yoting :neo ie,ages 1.0 18
Youth Adults
Schools/teachers/school offerings—56% Many and diverse youth-focused programs—41%
Supportive community/caring adults—51% Natural resources/outdoors/parks—39%
Many activities/festivals/sports—38% Schools (including clubs and sports)—29%
Many community resources—33% Supportive community/caring adults—25%
Local businesses—28% Public libraries—20%
Natural resources/outdoors/parks—19% Safety—14%
Youth and adults identified many of the same community assets, though they ranked them differently.
Youth were twice as likely as adults to mention that the community is supportive of young people. Both
noted availability of many activities aimed at young people and both groups noted our many outdoor
parks and natural resources. Youth and adults also both cited good schools and school extracurriculars
such as sports and clubs as benefits they appreciate. 28%of youth mentioned specific local businesses
(Ithaca Mall and the Commons were most common) as things they appreciate about the community.
One in five adults and 6% of youth noted the public libraries as community assets.
.U.JOtes about ciluir cci ni niuln1it 's best things
Youth Adults
We have many opportunities to pursue our School and club sports, keeping youth active and
interests promoting healthy lifestyles
We have a very good environment for active play Fantastic access to some beautiful outdoor
locations
How fun our community is and 1 never get bored Access to local university and college
1
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The welcoming of all kids of all genders and They can still spend time in the great outdoors
sexualities. Most everyone is accepting of who you without too much fear of getting hurt when they
are. venture into their community.
The variety of courses offered at the high school Community emphasis on art, music and
and the amount of club sports teams. performance
I love the openness of the community Caring school systems where kids feel they belong
Safe environment to hang out with friends in public Relative openness to diversity
People are really nice and don't judge you. Having a voice
We have lots of fun programs for children, teens, Local government that worries about and supports
and adults youth
People try their best to help us Multicultural and international exposure
Nearby parks and nature areas Active community with a lot going on
Nice, kind people around the school Experiences to learn what the work environment is
like
I at wot.uiu ot.i cl aiige to inialie ot.ir°cm iniinit.uumit a better lace for m ting people,ages 1.0 18?
Youth Adults
School (improve climate, less homework, more More youth programs&activities/better outreach
clubs, change curriculum)—42% —94%
More youth programs&activities/better outreach Improve social justice/services/transportation/
—41% affordability—31%
Improve community climate&safety—27% School (more clubs, better curriculum, more
support for stress)—30%
Improve social justice/services/transportation/ Safe, supervised places for kids to hang out —30%
affordability of services—23%
Better businesses (better mall, better Commons, Better businesses/more welcoming to youth—26%
more stores and restaurants)—19%
More parks,gardens, recreation facilities, More youth jobs/programs to build job skills &
playgrounds—18% apprenticeships—19%
Safe, supervised places for kids to hang out—11% 1 Improve community climate &safety—15%
More youth jobs/programs to build job skills—5% 1 Increase funding for youth programs—11%
Adults and youth agree that there is a need for more programs, activities and hang out places for young
people. Nearly 1 in 5 young people mentioned wanting more outdoor parks and areas to play; this was
not mentioned at all by adults.
Adults were far more likely than young people to list youth jobs and job skill building as a need. This
may be because 64%of the youth survey respondents were 13 or younger; a job may not be a current
priority. In contrast, 60%of adult respondents with children living at home have children 14 and older.
Quotes vul otit;how to improve m tir counintinit;
Youth Adults
A greater variety of programs Increased availability of varied afterschool
programs, at affordable price, and with minimal
transportation needs
Better dealing with bullies(stricter punishments) I More support for stress in school
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..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
More activities for larger age ranges(middle Programs need to be advertised earlier and better.
school and high school) People already have plans when they are
announced.
Better school food and multiple lunch lines and More opportunity to volunteer to help the
cashiers community. More community service built into
school curriculum.
Cool stuff on the Commons. Activities at the Mall. Create a game room/coffee shop with lounge
chairs and music to hang out in on the Commons.
Fewer restrictions on driving permits It is difficult to find activities for the older teen.
Have reliable people to drive home(if no late bus) More money for youth centered programs
1 would make more kid friendly places for teens to More places for kids and teens to hang out
hang out
More non-competitive sports teams Arrange for live music listening opportunities
geared toward youth
More transportation for towns surrounding Ithaca Better/more frequent public transportation,
City including for youth beyond the bus line
People under 14 should be able to get a job Increased summer employment opportunities
Tutoring available during lunch/study hall Classes to teach youth life skills that they may not
learn at home
Fla rti ipaution in extracurricular cu.urricu.ula r a ctivitieg
70% of youth reported that in the past year they participated in one or more extracurricular activity,
offered either by the school or in the community. The most common activity types were sports,
academic, theater/arts/music, clubs, and volunteering.
For those young people who did not participate,the most common reasons they gave were (more than
1 answer possible):
Don't see activities that interest me—48% Transportation—19%
Need to get home to do homework—37% Don't know about activities—19%
None of my friends participate—26% Cost—19%
Not offered at convenient time—25%
"Ou°vuhuch age garoti:u a M there the ieWrest o:u...rttinifies and greatest need?
Youth Adults
Elementary school age—56% Elementary school age—12%
Middle school age—35% Middle school age—52%
High school age—10% High school age—37%
Respondents` rh ra inil��:d a s"Good" o r"Girea�Vt" t�l'le �""olir�llfn�l��1.n '
it s & a�Vli�la b i�l
t. i tr o
Youth Adults
Employment opportunities for young people 62% 14%
After-school/weekend activities for young people 65% 22%
Places for young people to hang out 42% 9%
Volunteer/community involvement opportunities 40% 40%
3
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..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The opinions of youth and adults about the availability of services and opportunities for young people
varied greatly. Youth ranked availability much higher than adults did. As noted earlier in this report, the
young average age of youth respondents may have impacted their perception.
Adults only feedbaclr.
The adult survey included a few questions that were not included on the youth survey. A few quotes are
representative of their responses to these questions:
Strengths and shills ofuwroununuunityyou.uth,ages :1.0.. 8
"Tech savvy. Energy. Curiosity."
"Willingness to engage in community activities. Care for their neighbors."
"I see the area youth have a great sense of pride in their community. They are interested in the
environment and the area farmlands. They engage well with each other and adults. There is also a
genuine friendliness within the community and with visitors. The youth are smart and caring."
"They care about other people, they see the value of volunteer work, they are intelligent and thoughtful,
and they want to make a difference in the world."
I:,ha lenges facing,moth,ages 1.0 18,in otir°cm irlin tinit
"In a world of gadgets and experiences that are focused on the individual, creating experiences of team
building and finding community."
"Part time job opportunities, lack of mentors, limited public transportation in outlying areas."
"Too many are anxious and depressed about our planet and our country—worried about money,sucked
into technology."
"Cyber bullying and unsafe use of technology."
"They face a lot of pressure with homework. They are not immune to the general anxiety and lack of
connection in our culture."
F'eedbacli on the JVC, focus on first..tiune youth jobs,job training and career exploration
"I think that it is right on target, though probably not enough businesses are on board."
"Youth should be encouraged to explore a variety of interests and given multiple opportunities to explore
their desired career interests as they evolve."
"In a perfect world, it would be great to support second-and third-time jobs, etc. as well."
"It's valuable but not the only need. They need safe social opportunities. Mentors. Access to public
transportation."
"Jobs for youth are not as important as the skills to build a healthy social and emotional life."
4
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("01"1C 11.1eye1X11"le
Funding priorities should continue to support:
Work readiness programs that build job skills and provide subsidized employment
Youth development programs that build life skills through varied activities
Target audience should remain on:
Youth in late elementary school, to help with a successful transition to middle school
Middle schoolers, including those referred by school personnel as needing additional support
Early high schoolers, to help with first time employment and job skills
Additional steps the JYC will take:
Share results of the needs assessment with JYC municipalities
Share results with funded agencies and draw attention to programming suggestions
Share transportation-related suggestions with ICSD,TCAT,Way2Go
Encourage funded agencies to increase outreach efforts and to advertise programs and
services earlier, including using their own and JYC's social media for this purpose
Needs assess1'neift 1;.11,oces
The JYC reviewed and collected information in these ways:
reviewed available data related to JYC area with a specific focus on youth data
c c 'll C'1ir'c�lliiirlc .ir''�fiillc 11 III::11�ac 1 . ir''...f llc La.ncsiiinA .ir'c�iiille and selected data on P. 7
..............................................i....................s..................................li.................... .................................i...li.....................
asked programs funded by JYC for feedback on trends they have noticed concerning youth
Program staff provided their feedback during regular reports to the JYC.
surveyed young people of middle and high school age from JYC communities (400 responses).
The survey was available on-line and in hard copy. A JYC representative visited the lunchrooms
at Boynton, DeWitt, Ithaca High, and Lehman Alternative Community School with a candy
incentive to entice students to complete the survey in fall, 2017.
surveyed parents and other community adults residing in JYC communities (65 responses)
The survey was available on-line and in hard copy in fall, 2017. It was advertised widely through
websites, list serves, newspapers, and community newsletters. In addition, funded programs
invited youth and families to participate.
5
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Pv rlic il:ai t;demiogr�aphics
Survey respondents' municipality of residence
Youth Adults
muiiillllllll�lllllllll IIIIIIIIIIIlllllo 6� 0 111111 Calroline 111111 Caroline
3/ IIIA Dalnby 32°/ 11111 Danby
6%
11111111 Dryden 11111111 Dlryden
®Enfield ®Enfield
uuuu11Ithaca city ii
p IIIIIIII Ithaca city
36✓u IIIIIIII Ithacan towns '�I ga✓ � IIIIIIII Ithalcal town
OPV. Lansing 6% mV.Lansing
IIIIIII Other 2% IIIIIII other
45% of youth respondents and 77%of adult respondents reside in one of the JYC municipalities. The
JYC decided to include all responses in its assessment since many people, especially youth, are often not
clear on their municipality of residence. Many chose "City of Ithaca" since they have an Ithaca mailing
address but may not reside in the City. In addition, the needs of youth who attend school and hang out
together are likely to be very similar, regardless of where they actually reside.
............................................................................................................................................................................................................................
Youth school There were no responses from home schoolers, New
�11I6v1s Roots or other schools. We had greater participation
11r from middle school age youth (63%)than high school
111111 Boynton age (37%). (left)
35°% 1111111 Dewitt
111111 Ithaca High
1 Lncs 60% of adult respondents have young people living
with them. We had more responses from households
with high school-age youth than middle school-age
23r youth. (below)
...............................................................................................................................................................................................................................
Ages of Youth Respondents Ages of Youth Residing with Adult Respondents
1°1
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IIIIIIII 118+ 1$Ya
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..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
JVC,yotith]po]pt lat; m i, 0..1 7
Caroline T. Ithaca* V. Cayuga Hts. V. Lansing Total JYC
Age 0-4 169 698 258 188 1,313
Age 5-9 256 643 78 219 1,196
Age 10-14 100 606 96 145 947
Age 15-17 154 359 79 35 627
Total 0-17 679 2,306 511 587 4,083
Data Source: American Community Survey,2012-16 5 Year Estimates,Table DP05
*Town of Ithaca population above does not include V. Cayuga Heights which is listed separately.
The majority(though not all) of JYC youth reside in the Ithaca City School District.
JVC,yotithserwed
JYC funded programs CYS funded agencies Recreation Partnership*
2015 290 228 1,766
2016 254 181 1,992
2017 321 398** Not yet available
Data source: Agency annual reports
*Recreation Partnership numbers are registrations, not unduplicated people
**Sixty-three youth served by the Ithaca Youth Bureau Youth Employment Service are counted in both
JYC funded programs and County Youth Services (CYS)funded agency numbers.
Wnt
$ervirng the Awns of Caroline arO Ithaca
&Vi.Mige.s of Cayuga IHOghti wind Lansing
joiift Votith Commissi ii 201.8 members mid fiaisom
Kris Bennett Liaison,Tompkins Co. Ronny Hardaway V. Lansing
Rich DePaolo Liaison,T. IThaca Evie Karnes T. Ithaca
Rachel Eginton Youth Lorraine Moran T. Ithaca
John Fracchia Liaison,T. Caroline Karyn Scott T. Caroline
Sandie Grooms At-large Christianne White T. Ithaca
Report prepared by Kris Bennett, liaison from Tompkins County Youth Services Dept. to the JYC
For more information about the Joint Youth Commission or to inquire about serving on this advisory
group, please contact: Evie Karnes,JYC chair, ekarnes22@gmail.com.
This report and an executive summary may be found at www.tompkinscountyny.gov/youth/publications
7
1-B ME,EAhr]K'J 04-23-2018
lgpa
HOTEL , BISTRIQ . SPA
April 9, 2018
TO: Paulette Terwilliger Town Clerk - Town of Ithaca
FR: Scott D. Wiggins Managing Director
RE: Noise Permit Applications for 2018
La Tourelle requests noise permits for the following events in 2018.
Location of Event: La Tourelle Banquet Room Terrace
Day/Time/Duration of Event: Friday, May 4 6:00 — 8:OOpm
Estimated Attendance: 100 pax
Description of Event: Happy Hour with GoGone
Description of Noise Expected: Five piece amplified band will be outside on the banquet room
terrace facing west towards Buttermilk Falls State Park from 6pm — 8pm. Weather contingent.
Location of Event: La Tourelle Banquet Room Terrace
Day/Time/Duration of Event: Sunday, May 6 6:00 — 9:OOpm
Estimated Attendance: 100 pax
Description of Event: Sigma Alpha Mu Formal Dinner and Overnight
Description of Noise Expected: Amplified speakers from a DJ may be outside on the banquet
room terrace (weather contingent) facing west towards Buttermilk Falls State Park from 6pm —
9pm.
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event: Every Tuesday and Thursday evenings from May 16 — October
24 6:00 — 8:OOpm
Estimated Attendance: 100 pax
Description of Event: Music Series at Firelight Camps — Open to the public
Description of Noise Expected: Majority of bands will be acoustic duos and trios with light
amplification. On occasion a five or six piece amplified rock band will perform. Small musical
groups will perform in the lobby tent. Larger groups will perform in the special events tent, facing
west towards Buttermilk Falls State Park from 6 — 8pm.
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event: Thursday, June 8 6:00 — 10:00pm
Estimated Attendance: 150 pax
Description of Event: Wedding Reception
Description of Noise Expected: Amplified DJ will play from 6 — l Opm. Amplified equipment
will face west towards Buttermilk Falls State Park.
La Tourelle Noise Permit Request 2018 — Page 2:
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event: Thursday, June 14 6:00 — 10:00pm
Estimated Attendance: 100 pax
Description of Event: Wedding Reception
Description of Noise Expected: Amplified DJ will play from 6 — l Opm. Amplified equipment
will face west towards Buttermilk Falls State Park.
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event: Friday, June 15 6:00 — 9:OOpm
Estimated Attendance: 150 pax
Description of Event: Campground "Opening" Party
Description of Noise Expected: Amplified 3 — 4 piece band will play from 6 — 9pm. Amplified
equipment will face west towards Buttermilk Falls State Park.
Location of Event: La Tourelle Banquet Room Terrace
Day/Time/Duration of Event: Sunday, July 8 4:00 — 7:OOpm
Estimated Attendance: 150 pax
Description of Event: Tony Trischka and Richie Stearns Concert
Description of Noise Expected: Lightly amplified acoustic bluegrass instruments will be outside
on the banquet room terrace facing west towards Buttermilk Falls State Park from 4pm — 7pm.
Weather contingent.
Location of Event: La Tourelle Banquet Room Terrace
Day/Time/Duration of Event: Sunday, September 1 4 — 8pm
Estimated Attendance: 150 pax
Description of Event: Wedding
Description of Noise Expected: Amplified 5 piece band will play from 4 — 9pm. Amplified
equipment will face west towards Buttermilk Falls State Park.
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event: Saturay, September 8 6:00 — 10:00pm
Estimated Attendance: 100 pax
Description of Event: Wedding Reception
Description of Noise Expected: Amplified DJ will play from 6 — l Opm. Amplified equipment
will face west towards Buttermilk Falls State Park.
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event: Saturday, September 15 6:00 — 10:00pm
Estimated Attendance: 125 pax
Description of Event: Wedding Reception
Description of Noise Expected: Amplified DJ will play from 6 — l Opm. Amplified equipment
will face west towards Buttermilk Falls State Park.
La Tourelle Noise Permit Request 2018 — Page 3:
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event: Saturday, September 21 6:00 — 10:00pm
Estimated Attendance: 125 pax
Description of Event: Wedding Reception
Description of Noise Expected: Amplified 5 piece band will play from 6 — l Opm. Amplified
equipment will face west towards Buttermilk Falls State Park.
Contact Information:
Scott D. Wiggins - Managing Director La Tourelle — 1150 Danby Road — Ithaca, NY 14850
PH: 607-273-2734 Email: scott@latourelle.com
2018-04-10 02:56 ITHACA BEER 16072730815 >> 607 273 5854 P 3/6
TOWN OF ITHACAMIITi
215 N. Tioga Street, Ithaca, N.Y. 14850 I-B ME,E,t 1r][g 04-23-2018
www.town,fthaca-ny.us
Paulette Rasa,Town Clerk Phone:(607)273.1721 Debra DeAugistine,Deputy Town Clark
jpro6a@1own.11heca.nv.us Fax: (607)273-5864 ddeaugistine@town.ithaca.ny.us
NOISE PERMIT APPLICATION
Form must be submitted to the Town Clerk's Office,with$60 payment,at least 21 days in advance of the event.
NAME/ORGANIZATION: 60,,.,
PERSON(S) RESPONSIBLE FOR EVENT: (ie�n
ADDRESS:
PHONE NUMBER: G v-+ o?�+ o-1-16r. ALTERNATE PHONE COT 319 L( '5'32-
EMAIL:
( 332-
EMAIL: 170-%1 O l�kAt.ca.6eer.
�,M•caV� � bar i� i �e��c,_ �!,^
LOCATION OF EVENT: �c�a.e�
DATE/TIMEfDURATION OF EVENT: _ -JAPY )14w446 ,Mrs,., 3p�=' f 1„1�,• �t��""' �„
ESTIMATED ATTENDANCE: get
r�*
REASON/DESCRIPTION OF EVENT: !-- S 9i.ccs.ba CCv1;c
qt/roo� k�Lwr Td[�nc, rOJ� ls
PLANS&SPECIFICATIONS OF THE USEIDESCRIPTION OF NOISE EXPECTED(for example—amplified
music or speakers, cheering, non-amplified instruments)
��FrcZ cu..d a caluW c. \I-j eAA_ s
NOISE ABATEMENT& CONTROL METHODS TO BE USED(Example: speakers will be faced a certain way):
oft Ft�� ��r�or.+�-est we.,l U�� 2-� Srtctiwa �rue.� �fc�� t l3
DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO NOISE ORDINANCE (Examp Band uses
amplification and cannot be heard sufficiently without it) _�L ' M ,f r-tA
SUCH OTHER INFORMATION REQUESTED BY TOWN OFFICIALS:
Rev April 2017
2018-04-10 02:56 ITHACA BEER 16072730815 >> 607 273 5854 P 4/6
OTHER COMMENTS THAT SHOULD BE CONSIDERED DURING REVIEW OF APPLICATION:
Sfn',c 4-rm-%, 20[i-.
IF USE OF A TENT IS ANTICIPATED,
PLEASE LIST NUMBER AND SIZE(S): t 01- to -C Zov,7
(a separate permit may be required)
Notification of the Public Hearing
The Town will notify neighbors within a 500 foot radius of the event that a public hearing will be held.
The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of
sound that might occur by the exercise of the privileges granted by the permit. (Town Code._Chanter 184,
Section 12, D)
The undersigned applicant affirms that the foregoing information is true, complete and correct:
Signature of Applicant: "'"��
Date of public hearing: Sheriff Notified:
Permit issued on: Special conditions:
Rev April 2017
2018-04-10 02:56 ITHACA BEER 16072730815 » 607 273 5854 P 5/6
TOWN OF ITHACA
215 N. Tioga Street, Ithaca, N.Y. 14850
www.town.ithaca.ny.us
Paulette Rosa,Town Clerk Phone.(607)273-1721 Debra DeAugistine,Deputy Town Clerk
nmsaAtown.lthaca ny us Fax; (807)273-6854 ddeaugistine@town.ithaca.ny.us
NOISE PERMIT APPLICATION
Form must be submitted to the Town Clerk's Office,with$50 payment,at least 21 days in advance of the event.
NAME/ORGANIZATION: �'�o►e�•- .u./ �o.�Q
PERSON(S) RESPONSIBLE FOR EVENT: t"C 4.A- Wt
ADDRESS: R'L �•a11�-o-cc, va�,r— ft
PHONE NUMBER: off- -7-13 07 G ALTERNATE PHONE C07 314 `�3Zr
EMAIL: bask �jtkkc-,iau, ,✓A Wt w i c.,lacer tra.+•t„
LOCATION OF EVENT: TA lq aur �.,..� L-ac,,,,�
DATE/TIME/DURATION OF EVENT: �S �l �. . .+�,.. 2F2--- y04dz!3 -- Qom 10ho q- ?(A..
ESTIMATED ATTENDANCE: '7 /To g1l
REASON/DESCRIPTION OF EVENT: -1"e- •� �� 4.r o%V- �3}s 'Acc-C.ss
La,u.�^ cL-A AAusi ca.,
PLANS&SPECIFICATIONS OF THE USE/DESCRIPTION OF NOISE EXPECTED (for example—amplified
music or speakers, cheering, non-amplified instruments)
:�VS►G �'� ✓1h 1i fro tw.-�6�1 ' 1y,4 w
NOISE ABATEMENT& CONTROL METHODS TO BE USED (Example: speakers will be faced a certain way):
DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO NOISE ORDINANCE (Example: Band uses
amplification and cannot be heard sufficiently without it)
ov2 i Uv- _"
SUCH OTHER INFORMATION REQUESTED BY TOWN OFFICIALS:
Rev April 2017
2018-04-10 02:56 ITHACA BEER 16072730815 >> 607 273 5854 P 6/6
OTHER COMMENTS THAT SHOULD BE CONSIDERED DURING REVIEW OF APPLICATION:
IF USE OF A TENT IS ANTICIPATED,
PLEASE LIST NUMBER AND SIZE(S): 1 oV to
(a separate permit may be required)
Notification of the Public Hearing
The Town will notify neighbors within a 500 foot radius of the event that a public hearing will be held.
The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of
sound that might occur by the exercise of the privileges granted by the permit. (Town Cade, Chapter 184,
Section 12, D)
The undersigned applicant affirms that the foregoing information is true, complete and correct:
Signature of Applicant:
Date of public hearing: Sheriff Notified:
Permit issued on: Special conditions:
Rev April 2017
2018-04-10 02:55 ITHACA BEER 16072730815 » 607 273 5854 P 1/6
April 9, 2018
TO: Paulette Terwilliger Town Clerk -Town of Ithaca
FR: Brian Ash Assistant to the President
RE: Noise Permit Applications for 2018
Ithaca Beer Company Taproom requests noise permits for the following
events in 201&
Location of Event: Ithaca Beer Company Taproom Lawn
Day/Time/Duration of Event: Every Wednesday, May 30th - October 24th 5:00-'8:00pm
Estimated Attendance: "100ppl
Description of Event: Wednesday Music Series
Description of Noise Expected: 1-5 piece bands acoustic to moderately amplified, on the
Taproom lawn facing route 13 from 5pm-8pm weather dependant
Location of Event: Ithaca Beer Company Taproom Lawn 4E
Day/Time/Duration of Event: Friday, May 11 5:00pm--9:00pm
Estimated Attendance: -150ppi
Description of Event: LAWNCH (official opening of patio, music, food in lawn)
Description of Noise Expected: A band will play from 5pm-9pm facing route 13, otherwise
attendees will be enjoying our patio and lawn.
Location of Event: Ithaca Beer Company Taproom Lawn
Day/Time/Duration of Event: Sunday 6/24 12:00pm-4:00pm
Estimated Attendance: ~150ppl
Description of Event: Reggae Fest Set
Description of Noise Expected: Reggae band from Ithaca Reggae Fest will be performing on the
lawn, facing route 13.
Location of Event: Ithaca Beer Company Taproom Lawn
Day/Time/Duration of Event: Thursday 9/20 5pm-8pm
Estimated Attendance: -150
Description of Event: Cayuga Sound Unplugged Set
Description of Noise Expected:A band from the Cayuga Sound Festival will be playing a short set
on our lawn, facing route 13.
2018-04-10 02:56 ITHACA BEER 16072730815 » 607 273 5854 P 2/6
Location of Event: Ithaca Beer Company Taproom Lawn
Day/Time/Duration of Event: Saturday 10/20 4pm-8pm
Estimated Attendance: -15Oppl
Description of Event: Hoptoberfest Band Performance
Description of Noise Expected:A polka band will be playing in our lawn, facing route 13.
_nl-lel IME,E,t r][g 04-23-2018
From: Bill Goodman
To: Patricia Learv; Eric Levine Esa. -TB;tee-ann hunter; Rich DePaolo; Rod Howe; Pamela Bleiwas-Town of Ithaca
Cc: Paulette Rosa;Susan Ritter; Bruce Bates
Subject: FW: Ithaca Beer Company-Issuance of Noise Permit
Date: Thursday,April 19, 2018 2:18:52 PM
A positive comment from a neighbor of Ithaca Beer.
Bill Goodman
Ithaca Town Supervisor
215 North Toga Street
Ithaca, NY 14850
607-273-1721
From: jsmith607homes@gmaii.com [mailto:jsmith607homes@gmaii.com]
Sent: Wednesday, April 18, 2018 8:38 PM
To: Bill Goodman
Subject: Ithaca Beer Company - Issuance of Noise Permit
Dear Bill, and Town Board Members -
My wife Michele and I reside at 3 Peachtree Lane, Town of Ithaca. I want to make very clear
that any inclusion of us; and what I strongly believe many of our neighbors, as a neighborhood
against Ithaca Beer Company having permitted, scheduled and time limited outdoor music is
grossly exaggerated.
We support the Town of Ithaca's issuance of Noise Permits to Ithaca Beer Company. Ithaca
Beer Company is a wonderful neighbor to all of us and we appreciate the wonderful
summertime activity. The distant noise is a welcome reminder of what a great place Ithaca is.
The summer concert series and weekend events are NOT A PROBLEM; or by any means a
NUISANCE, as described by a couple of sour heads from our neighborhood. In truth, these are
true cultural events enjoyed by many people of all ages during our pristine summer nights. To
describe them as unreasonable noisy outdoor activities is a complete inaccurate statement.
I am asking the Town Board issue the Noise Permit to Ithaca Beer Company and not be
bullied by a few. In the event there ever is a consideration not to approve these permits; that, a
full door to door investigation or mail pole be done to understand fully the true positive impact
Ithaca Beer Company has on our neighborhood. This, at a minimum should be completed
prior to any refusal of permit.
If you have any questions or would like to discuss this in further detail please feel free to
contact us.
Thank you,
Jeff and Michele Smith
3 Peachtree Lane
Ithaca, NY 14850
(607)327-1510
From: Bill Goodman
To: Paulette Rosa
Subject: FW: 4/23/18 Noise Permit Public Hearing-Ithaca Beer Co.
Date: Monday,April 16,2018 3:54:50 PM
Bill Goodman
Ithaca Town Supervisor
215 North Tioga Street
Ithaca, NY 14850
607-273-1721
From: Larry [mailto:larryl4850@gmail.com]
Sent: Monday, April 16, 2018 10:43 AM
To: Bill Goodman
Subject: 4/23/18 Noise Permit Public Hearing- Ithaca Beer Co.
Good morning Bill,
As you and members of the Town Board know, we and others have previously expressed our
concerns about the noise issues associated with IBC's outdoor activities. We won't reiterate
them as they are on the record and, we hope, will be taken into consideration by the Board in
any future deliberations.
In addition to our previous comments,we want you and the board to be aware of our
contention that the NY State Constitution appears to render the local noise ordinance unlawful
to the extent that it attempts to preempt the state's so called disorderly conduct statute
(Sec.240.20, Subdivision 2). Refer to the NY Dep't of State's publication titled "Adopting
Local Laws in New York State" for some relevant discussion on the matter. It concludes,
generally and with only a few exceptions, that state law preempts local law.
Interestingly, the town's noise ordinance, by reference(184-12 E), affirms the dominance of
the state disorderly conduct statute over local law.
We've been in contact with the Tompkins County Sheriffs Office regarding enforcement
protocols under both the town's noise ordinance and the state's disorderly conduct statute and
I'm sending you, under separate cover, a copy of Lt. Daniel Donahue's email dated 2/28/18
regarding same. You'll note that he states that he will be monitoring the situation and has
asked us to stay in touch. We intend to do so and have, with his permission, shared his email
with our neighbors.
We assume that IBC is aware of the consequences it and its performers may face in the event
that citations are issued for unreasonable noise under the state's disorderly conduct statute.
The Town Board, by issuing noise permits, offers up a false sense of security to those who
wrongly believe that a town issued noise permit somehow grants the permit holder a special
privilege or a waiver from enforcement of the state's disorderly conduct law.
We ask that the Board refrain from granting any noise permits as the issuance of same appears
to be in conflict with the New York State constitution and state law.
Finally, we believe that the Town of Ithaca and the Town Board should step up and assume
some ownership of this problem since it was the town's repudiation of the then existing zoning
law and the creation of Planned Development Zone No.14 adjacent to and abutting an
established residential neighborhood that allowed IBC to build its facility and create what has
become an ongoing nuisance for our neighborhood in the form of IBC's unreasonably noisy
outdoor activities.
Please acknowledge receipt of this email and Lt. Donahue's email and share both with the
Town Board so they may be considered at the 4/23/18 public hearing.
Respectfully,
Larry & Louise Sallinger
14 Peachtree Ln.
Ithaca
An Analysis of Ithaca Town Ordinances 184-5 and 184-11 as they Relate to Ithaca Beer
Application for a Noise Permit
Article IX of the New York State Constitution and the Municipal Home Rule Law embodied in New
York statutes provide both constitutional and statutory grants of power to local governments to provide
for the protection and enhancement of the physical and visual environments in a Town. The police
power of a Town included within this authority includes the authority to regulate both persons and
property in the advancement of public health, safety, welfare, comfort,peace and prosperity. This
allows the prevention, suppression and abatement of public nuisances, with the intent of preserving
peace and tranquility within the municipality. However, this should not be viewed merely as a grant of
such authority, but as an affirmative duty placed upon municipal government to assure the protection of
these interests.
The Town of Ithaca has taken the appropriate steps in enacting ordinances in furtherance of these
duties, but it is now incumbent upon Town government to enforce those ordinances.
The Language of the Ordinances:
§ 184-5 Unreasonable noise prohibited.
A. No person shall intentionally cause public inconvenience, annoyance, or alarm, or recklessly create
a risk thereof, by making unreasonable noise or by causing unreasonable noise to be made.
B. For the purpose of implementing and enforcing the standard set forth in this section, factors to be
considered in determining whether unreasonable noise exists in a given situation include, but are not
limited to, any or all of the following:
(1) The intensity of the noise.
(2) The duration of the noise.
(3) The intensity of the background noise, if any.
(4) The zoning district within which the noise emanates and all zoning districts that lie within 500 feet
of the source of the sound.
(5) The time of the day or night the noise occurs.
(6) The proximity of the noise to sleeping facilities.
(7)Whether the noise is continuous or impulsive.
(8) The existence of complaints concerning the noise from one or more persons who are affected by the
noise.
(9)Whether the nature of the noise is usual or unusual.
(10)Whether the noise is due to a natural or a human-made activity.
§ 184-11 Authorization for permit.
Where the enforcement of this chapter would create an unnecessary hardship, the Town Board, in its
discretion, is authorized to grant a permit for a specific waiver from the requirements of this chapter.
Such waivers shall be granted only in those circumstances where the applicant demonstrates that the
waiver is necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that
on balance the need for and benefits of the waiver outweigh the needs and rights of the surrounding
neighbors to a peaceable and quiet environment.
Specific Analyses of The Prohibition and Considerations in Imposing such Prohibition (from the
language of the ordinance):
From 184-5A:
A. Unreasonable noise prohibited
No person shall intentionally cause public inconvenience, annoyance, or alarm, or recklessly create a
risk thereof, by making unreasonable noise or by causing unreasonable noise to be made.
The Ithaca Beer(applicant's) concerts have caused and will continue to cause public inconvenience and
annoyance for abutting neighbors. This is evidenced by the numerous complaints lodged with both
local law enforcement and Town government. This noise constitutes a both a public and private
nuisance.
From 184-513:
B. For the purpose of implementing and enforcing the standard set forth in this section, factors to be
considered ...include:
(1) The intensity of the noise.
(2) The duration of the noise.
(5) The time of the day or night the noise occurs.
(6) The proximity of the noise to sleeping facilities.
(7) Whether the noise is continuous or impulsive.
(8) The existence of complaints concerning the noise from one or more persons who are affected b. the
noise.
1) The intensity of the noise:The nuisance created is loud(i.e.)high intensity. Sitting outside is very
unpleasant. Instead of quiet enjoyment of a summer evening, homeowners are compelled to endure the
applicant's choice of music for them. The bass line in particular is inescapable. Even if one retreats
inside, the bass notes penetrate any structure and interfere with the quiet enjoyment or any competing
entertaining activity in which the homeowner may want to engage.
Past experience indicates that there is no escape from this intrusive nuisance.
2) The duration of the noise: The nuisance lasts all evening, and if the applicant persists in its plan,
will occur every Wednesday evening. Thus, the duration of the nuisance is both excessive for each
discrete event, but will also persist intermittently for a very long duration, in that it will last for the
entire summer.
In 2016, there was one or two of these nuisance intrusions. In 2017, there was a course of them, over a
long duration of the summer. Now, in 2018, there is an application for 12 intrusions. Given this pattern,
how long will it be before there are additional intrusions in future? Indeed in most musical venues, it is
customary to host live music on Thursday, Friday, Saturday and Sunday evenings. This would be of
great disturbance for abutting homeowners and residents.
5) The time of the day or night the noise occurs: the applicant interferes directly with homeowners
quiet enjoyment of their property at exactly those times calculated to create maximum effect of
annoyance and inconvenience. Summer evenings are times that people enjoy sitting out on decks or
porches and partaking in the quiet surrounding them. They may wish to listen to their own
conversation, selection of music or other entertainment, without competing noise. In addition, summer
evenings are times when most homeowners will have their windows open, to allow air flow and
cooling. The only option to attempt to insulate the interior from this nuisance will entail closing
windows, thereby blocking such air flow and cooling.
6) The proximity of the noise to sleeping facilities: Should abutting homeowners or their children
choose to go to sleep during one of the applicant's concerts, this would be difficult if not impossible,
given the penetration of the noise into the private dwellings within roughly a mile of the venue.
7)Whether the noise is continuous or impulsive: The nuisance proposed by the applicant will be
continuous for 3 or 4 hours every Wednesday. Although these nuisances may be expressed during
discrete, closed intervals, they are 1) continuous over the range of each interval, and 2) the intervals are
expected to repeat, with regularity, thus lending a form of continuity over the longer period of the
proposal.
8) The existence of complaints: Complaints have been lodged against the nuisance generated by the
applicant concerts on a number of occasions in the past, and will be forthcoming in the event that
nuisance occurs in future.
For each of the above factors, abutting owners have complained and complained justly. These concerts
are annoying, inconvenient, intrusive and thus unreasonable.
Germane Language Concerning an Authorization of a Permit:
A) Where the enforcement of this chapter would create an unnecessary hardship
Protection of public health, safety,welfare, comfort,peace and prosperity and the suppression and
abatement of public nuisances cannot be deemed "unnecessary."
Whether the ordinance creates a "hardship" for the applicant is certainly doubtful. The applicant has
operated its restaurant and brewery for years without these outdoor concerts. How, then does the
enforcement of the ordinance impose an unnecessary hardship on it? The residential neighborhood
abutting the applicant property was in existence before the applicant ever built its facilities. The
applicant's plans at the time of construction should have addressed the need to mitigate any noise
generated by these concerts.Abutters raised objections at that time, but Town government,in approving
the plans for construction, failed in its duty to address this. Nonetheless, the need to contain and
mitigate any noise propagated on the property is obvious. The need to suppress it cannot be deemed an
"unnecessary hardship."
B) Conditions for issuance of waiver
Such waivers shall be granted only in those circumstances where
1) the applicant demonstrates that the waiver is necessary for a valid purpose:
The applicant has operated very profitably for years, with no the need to operate outdoor concerts. It is
hard to ascertain a need at this time.
2) the proposed waiver is the minimal intrusion needed:
The intrusions created by these concerts are anything but "minimal." On Wednesday evenings, the
applicant determines for all its neighbors the music to which they shall listen. There is no escape, short
of leaving the neighborhood entirely. Should a homeowner attempt to limit the intrusion on the interior
of a home, this will be of no avail. Closing one's windows will not stop any reverberation from the
bass, and will do little to limit other frequencies, although it will definitely limit the amount of air
circulation and cooling in the home.
3) that on balance the need for and benefits of the waiver outweigh the needs and rights of the
surrounding neighbors to a peaceable and quiet environment:
Any need for this waiver is fictional. The applicant can operate its restaurant very successfully without
outdoor music. An example for a need for a waiver would be where a business will be driving pilings
for a new building and the building cannot be built without them. There will be noise associated with
this, but it will be for of limited duration and there are assurances that this noise will be propagated
during normal business hours. The applicant's application is not for a need, but for a mere enhancement
and one for which there is no end in sight.
If a permit is granted, there is no balance in this situation. the applicant improves it's cash flow, and
abutting owners pay the price.
These conditions are cumulative and conjunctive.A failure of any one of them causes a failure of the
permit application in total.
Conclusion:
Evaluating the Town ordinances, the appropriate conclusions to be drawn are:
1. Outdoor concerts, as proposed by applicant generate unreasonable noise, creating a nuisance based
upon the criteria enumerated in Ordinance 184-5.
2. Enforcement of the this ordinance does not create an unreasonable hardship on the applicant per 184-
11.
3. There are insufficient conditions on which the applicant could be granted a waiver per 184-11.
4. Granting a permit for the current proposal now, will open the way for additional and longer duration
intrusions in future.
5. New York State Law requires the Town of Ithaca to take appropriate action to protect it's citizen's
quiet enjoyment of their property.
However, in the final analysis, it comes down one simple idea: There is no frame of reference in which
it is acceptable for one neighbor to say to another, "You will listen to the music we have chosen for
you. If you don't like it, too bad."
Respectfully submitted,
Robert W. Geiszler
13 Peachtree Lane