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HomeMy WebLinkAboutTB Minutes 2018-05-23 MEETING OF THE ITHACA TOWN BOARD Special—May 23, 2018 at 1:00 p.m. Present: Bill Goodman, Supervisor; Members Pamela Bleiwas, Pat Leary, Eric Levine and Rich DePaolo (1:05p.m.) Paulette Rosa, Town Clerk; James Weber, Highway Superintendent and Mike Solvig, Finance Director Mr. Goodman called the meeting to order at 1:00 p.m. Mr. Goodman noted that an additional item was added to this special meeting due to time constraints; the Sleep Inn Project needs approval in writing for NYS DOT regarding public infrastructure. Mr. Levine moved to approve the addition, Pamela Bleiwas seconded, unanimous. 1. Discuss and consider acceptance of concept and location of public utilities for the Sleep Inn project Mr. Goodman explained that the project needs to cross under Route 13 which is a public ROW and NYS BOT will not approve private ownership of infrastructure in public ROWs so the Town will consider accepting the infrastructure after completion. TB Resolution 2018 -078: Acceptance of concept and location of public utilities for the Sleep Inn Hotel proiect Whereas at its May 22nd meeting, the Public Works Committee discussed the fact that NYS DOT will not approve private ownership of water and sewer utilities in a public right-of- way (ROW) associated with the Sleep Inn development project, and Whereas the developer has agreed to the criteria set forth and the easement requirements needed for the Town to take over the infrastructure and the Public Works Committee has determined said utilities connection is not significant to the town's system, and Whereas the Public Works Committee recommends the Town Board accept the concept and location of the public utilities and acceptance by the Town upon completion of the project as discussed at its meeting, now therefore be it Resolved that the Town Board accepts the concept and location of the public utilities for the Sleep Inn Hotel project subject to the approval of the Town Highway Superintendent, the Town Engineer and the Attorney for the Town. Moved: Eric Levine Seconded: Pamela Bleiwas Vote: Ayes —Levine, Bleiwas, Goodman and Leary TB 2018-05-23 Pg. 1 2. Discuss and consider approval of a Noise Permit for Ithaca Beer weekly music events Mr. Goodman stated that this is for the tabled resolution from Monday, May 21, 2018 and that Ms. Brock has drafted the resolution. There was no discussion on the resolution. TB Resolution 2018 -079: Approval of Noise Permit for Ithaca Beer music events Whereas, the Town Board held a duly publicized and noticed public hearing on May 21, 2018, where anyone wishing to comment on the application for a noise permit was afforded the opportunity to do so, and Whereas, the Town Board discussed the application at its May 21 and May 23, 2018 meetings, now therefore be it Resolved, that the Town Board issues a noise permit to Ithaca Beer for the following music events: Wednesday Music Series on Wednesdays from 5 p.m.—8 p.m., May 30"'through Labor Day, 1-5 piece bands, acoustic and moderately amplified, on taproom lawn facing Route 13 With the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music events is necessary for a valid purpose, because live music might not be able to conform at all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone specifically allows for music series, subject to or upon the issuance of any permits required(Town Code §271- 15.1)(3)). 2. The waiver is the minimal intrusion needed, because the events will provide live music to outdoor diners and patrons with the following limits: music is limited to dinnertime hours (5 p.m. to 8 p.m.) once a week, which hours are within "daytime hours" as defined by Town Code § 184- 4; the size of the bands may be as small as 1 piece and may not have more than 5 pieces; depending on the week, the music will be either acoustic (not amplified) or have only moderate amplification sufficient for instruments and voices to be audible; the bands must be located on the taproom lawn and face Route 13; the last event will be on the Wednesday before Labor Day (August 29, 2018), instead of on October 24, 2018. 3. 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, because the outdoor diners and patrons will be able to enjoy live music for a limited amount of time during the late afternoon and early evening on the allowed days, with the above-listed limitations in place to minimize the intrusion on the neighbors. TB 2018-05-23 Pg. 2 Moved: Pamela Bleiwas Seconded, Eric Levine Vote: Ayes—Bleiwas, Levine, Goodman, Leary and DePaolo Adjournment Motion made by Ms. Bleiwas, seconded by Mr. Levine, uinanimaLas (1:07 p.m.) Submit t d b Paulette Rosa, Town Clerk TB 2018-05-23 Pg. 3