HomeMy WebLinkAboutTB Minutes 2023-08-28Meeting of the Ithaca Town Board
August 28, 2023, 4:30 p.m.
AGENDA
Town of Ithaca Public Meetings - YouTube
ZOOM ID 87962750564 Ph. 929 436 2866
1. Community Science Institute – Grascen Shidemantle (Attachment 1)
2. Gadabout Transportation – Kristen Wells
3. Public hearing regarding a noise permit application for Ithaca Beer private event
(Attachment 2)
a. Approval/Denial
4. Public hearing regarding adoption of the preliminary 2024 SCLIWC (Bolton Point)
Budget as Final
a. Adoption
5. Consider setting a public hearing regarding a proposed local law amending Town Code
Chapter 148 – Environmental Quality Review Related to On-Premises Signs
6. Consider setting a public hearing regarding a proposed Additional Boiler Replacement
and Misc Repairs Sewer Improvement – IAWWTF – Public Interest Order
7. Consider adoption of a revised Audio & Video Meeting Participation
8. Committee Reports
a. Budget
b. COC
c. P&O
d. Planning
e. Public Works
9. Reports from Town Officials
10. Consent Agenda
a. Approval of Town Board Minutes
b. Town of Ithaca Abstract
c. Ratify provisional appointment of Electrical Engineer at BP
11. Review of Correspondence
TB 2023-08-28 (Filed 10/17) Pg. 1
MEETING OF THE ITHACA TOWN BOARD
August 28, 2023
Minutes
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill
Goodman, Pamela Bleiwas, Rob Rosen and Margaret Johnson
Present: Judy Drake, Marty Moseley, CJ Randall, Paulette Rosa, Joe Slater, Donna Shaw, and
Dan Thaete
Mr. Howe opened the meeting at 4:30 p.m.
1. Community Science Institute – Grascen Shidemantle (Attachment 1)
Ms. Shidemantle gave a summary of the accomplishments and goals of the Community Science
Institute (CSI), adding that she took ove as Executive Director a year and a half ago.
The Mission of CSI is to empower communities to protect water quality through volunteer
monitoring the Cayuga Lake Watershed and nearby water bodies. Volunteers patrol the shoreline
and collect samples from both the lake and streams for harmful algae blooms and test water
quality and report those findings.
They have a very robust website full of information and associated links to educate the public.
CSI also works collaboratively with the Cayuga Lake Intermunicipal Water Commission on
outreach, legislative initiatives and grants.
Mr. DePaolo asked about testing regularity and frequency and whether that information can be
used to form a baseline for future reference.
Ms. Shidemantle went through the sampling processes and sites and added that their data has been
used to validate the model for the TMDL levels and remove the southern portion of Cayuga Lake
from the 303d list and the data from the past, present and future will be used to help inform the
management of the watershed once the State’s TMDL report is released.
She thanked the Board for the opportunity to share the activities of the CSI.
2. Gadabout Transportation – Kristen Wells
Ms. Wells gave an overview of the services provided by Gadabout, saying that on any given day
there are 12-17 vehicles on the road providing rides for the elderly and disabled to medical
appointments, shopping, errands and whatever is needed. She added that during COVID, they
partnered with the packages of food and supplies to people that were homebound and/or in need.
TB 2023-08-28 (Filed 10/17) Pg. 2
She said they are working on installing an improved scheduling and dispatch software program
that will greatly enhance their ability to manage requests for transportation and respond in real
time if there are cancellations, delays or new requests.
There are both paid and volunteer drivers. The training is time consuming and driver’s have to
have a commercial drivers license.
Mr. DePaolo asked about repeat appointments as he had heard there were issues getting those
scheduled with one call.
Ms. Wells responded that they do accommodate recurring appointment scheduling but they
encourage people to call in the day before to confirm pick-up times because if someone else
close by needs a ride, we may combine the two which would change some of the times a bit.
3. Public hearing regarding a noise permit application for Ithaca Beer private event
(Attachment 2)
Mr. Howe opened the public hearing at 4:59 p.m.
Joan Geisler spoke, saying that she lives in the neighborhood that is adjacent to the Ithaca Beer
property and past meetings the board members have expressed an opinion that very few
individuals as I guess evidence by today from the lack of neighborhood attendance at this public
hearing, concluding that the noise from the amplified music emanating from the Ithaca Beer
business is okay; I can assure you that that is not the case. People are just defeated. This has
been ongoing, with a slight respite during the pandemic, for seven years.
In talking to my neighbors recently, the people who lived the closest to the property and not the
part of the neighborhood that lives way up by Seven Mile Dr., the frequent comments are “You
can't fight City Hall” and “Why try.” or “Nothing that's been said over the past seven years has
made an impression on the board, so what's the point.”
She said the unanimous prediction by the neighbors is that this noise variance request will be
approved by the board, continuing the well-established pattern of the ever-expanding scope of
noise variance requests and the automatic granting of the variances by the board.
Ms. Geisler said the most troubling aspect of this request is that it falls outside of all the reasons
usually stated by the board when granting these permits because it is a private event. There is no
“community good” in this event and the party takes place at night long after the usual closing
time of the business and not within the “daytime hours” as defined by the Town Code which is
when people are expected to tolerate some noise. This party is to last three hours late at night.
As to the hay bales, they say they will place, that is too vague to be useful; what is the depth and
expanse of the bales? How do you know they will be effective? How is going to ensure they are
used?
TB 2023-08-28 (Filed 10/17) Pg. 3
Ms. Geisler ended by saying that this variance must be denied and furthermore, future variance
requests allowing businesses to make an end run around the zoning regulations in place for low
density residential areas must be discontinued. The business needs to find a way to operate
within the zoning regulations.
Mr. Geisler had submitted an email comment.
Mr. Howe closed the public hearing and turned the discussion to the Board.
Mr. Mitchell was present via ZOOM and Mr. DePaolo asked him to explain and describe the hay
bale mitigations and whether they have been used in accordance with the previous permits.
Mr. Mitchell said that he believes they have been, and he knew that Mr. Moseley had been there
recently to check on that, so, to the best of his knowledge, they have been in place.
Mr. Moseley said he had inspected the last event and the hay bales were in place and expanded a
bit beyond the musicians and above the speakers.
Mr. DePaolo said his main concern is the length of time and time of night, saying that 11pm is a
little late.
Mr. Mitchell said the group originally wanted the event to go on to midnight and we scaled that
back. He said that he has not held 2 other events that he has permits for and does not intend to
do any other than the Octoberfest event and in the past, we have had 6 live events; this year there
will be 2.
The possibility of a band shell was again discussed, and Mr. Mitchell responded that it is an
expensive proposition with no guarantee that that will satisfy the neighbors who spoke.
It was noted that the Town did receive a complaint that one of the permitted events went past the
8pm cut off.
Ms. Bleiwas stated that the question regarding a private event being in the public’s interest for a
for-profit business was raised and, in her opinion, it is in our interest to have a thriving locally
owned business in the Town and that we have done everything we can to meet the balancing test
by monitoring the canned music events and requiring hay bales. Ithaca Beer is entitled to apply
for a noise permit regardless of the fact that they are a for-profit business that sells beer.
TB Resolution 2023 – 131: Approval of a Noise Permit for Ithaca Beer private event on
September 23, 2023
Whereas, Ithaca Beer submitted a noise permit application to be permitted to hold a private event
on Saturday, September 23rd from 8pm – 11 pm with outdoor, amplified music, and
Whereas, Ithaca Beer had been granted 6 noise permits for a monthly event with outdoor music
that have not been held, and
TB 2023-08-28 (Filed 10/17) Pg. 4
Whereas, Ithaca Beer has stated they do not intend to hold the permitted September event as
approved, and will hold the annual Octoberfest event in October, and
Whereas, Ithaca Beer has requested this permit for the private event in lieu of the September
permitted event, now therefore be it
Resolved that the Town Board approves the request for a noise permit submitted by Ithaca Beer
for a private event on September 13, 2023, with the following
Conditions
1. Music shall stop no later than 11:00 p.m.
2. Hay bales shall be stacked behind any speakers used and no shorter than the speakers
used
Findings:
1. The waiver from the requirements of Town Code Chapter 184 for the above music events
are necessary for a valid purpose, because 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 events, subject to or upon the issuance of any permits
required (Town Code §271-15.D(3), and
2. The waiver is the minimal intrusion needed, because the amplification is needed to hold
special larger events; and
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 music is for a
specified time on a specified date, with ample lead time/notification to the neighborhood
and with the above-listed conditions in place.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: ayes – DePaolo, Howe, Goodman, Levine, Rosen and Johnson
4. Public hearing regarding adoption of the preliminary 2024 SCLIWC (Bolton Point)
Budget as Final
Mr. Howe opened the public hearing; there was no one wishing to speak, and the hearing was
closed.
There were no comments from the Board.
TB Resolution 2023 – 133: Approval of the Southern Cayuga Lake Intermunicipal Water
Commission’s 2024 Budget
TB 2023-08-28 (Filed 10/17) Pg. 5
Whereas the Southern Cayuga Lake Intermunicipal Water Commission 2024 Preliminary Budget
has been approved by the Commission and a public hearing dutifully held by the Town of Ithaca
on August 14, 2023, now therefore be it
Resolved that the Town Board approves the Southern Cayuga Lake Intermunicipal Water
Commission’s 2024 Budget as submitted.
Moved: Margaret Johnson Seconded: Rod Howe
Vote: ayes – Johnson, Howe, DePaolo, Goodman, Levine and Rosen
5. Consider setting a public hearing regarding a proposed local law amending Town
Code Chapter 148 – Environmental Quality Review Related to On-Premises Signs
There were no comnets from the board.
TB Resolution 2023 - 134: Setting a public hearing regarding a Local Law amending Town
of Ithaca Code, Town of Ithaca Code, Chapter 148, Environmental Quality Review, to Add
All Signs Except Off-Premises Signs to the Type II List
Resolved that the Town Board will hold a public hearing at their meeting on Monday, September
11, 2023, which begins at 5:30 p.m., at Town Hall, 215 N Tioga St., and broadcast via ZOOM
and YouTubeLive for your convenience, to hear all interested parties regarding a local law
amending Town of Ithaca Code, Town of Ithaca Code, Chapter 148, Environmental Quality
Review, to Add All Signs Except Off-Premises Signs to the Type II List.
Moved: Rod Howe Seconded: Rich DePaolo
Vote: ayes – Howe, DePaolo, Levine, Goodman, Rosen and Johnson
6. Consider setting a public hearing regarding a proposed Additional Boiler
Replacement and Misc Repairs Sewer Improvement – IAWWTF – Public Interest
Order
Mr. Howe noted that our share is just over$1.3M and unfortunately, there are more repairs to
come.
TB Resolution 2023 - 132: Order Setting a Public Hearing Regarding a Proposed Sewer
Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-
C of the Town Law, to be known as the Town of Ithaca 2023 Additional Boiler Replacement
and Facility Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment
Facility and establishing the Town of Ithaca 2023 Additional Boiler Replacement and Facility
Improvements Sewer Improvement Area
TB 2023-08-28 (Filed 10/17) Pg. 6
Present: Supervisor Rod Howe; Members Rich DePaolo, Eric Levine, Rob Rosen, Margaret
Johnson, and Bill Goodman Absent: Pamela Bleiwas
Moved: Rod Howe Seconded: Rich DePaolo
Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such
manner and in such detail as has heretofore been determined by the Town Board of the Town of
Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to
Article 12-C of the Town Law, of sewer system improvements to be known and identified as the
Town of Ithaca 2023 Additional Boiler Replacement and Facility Improvements Sewer
Improvement at the Ithaca Area Wastewater Treatment Facility (the “Improvement”), to provide
such Improvement to the present Town sewer system, such sewer system Improvement to be
jointly constructed and jointly owned by the Town of Ithaca, City of Ithaca and Town of Dryden,
all of which are co-owners of the Ithaca Area Wastewater Treatment Facility (“IAWWTF”), to
serve a benefitted area in said Town to be known as the Town of Ithaca 2023 Additional Boiler
Replacement and Facility Improvements Sewer Improvement Area (the “Sewer Improvement
Area”); and
Whereas, the area of said Town determined to be benefited by said Sewer Improvement Area
consists of the entire area of said Town excepting therefrom the area contained within the Village
of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of
said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the
office of the Town Clerk, which map is available for inspection by any person or persons interested
in same during regular office hours at said office; and
Whereas, said map, plan and report, including estimate of cost, were prepared by a competent
engineer, duly licensed by the State of New York, and have been filed in the office of the Town
Clerk of said Town, where the same are available during regular office hours for examination by
any person or persons interested in the subject matter thereof; and
Whereas, the Improvement proposed in connection with the establishment of the Sewer
Improvement Area consists of the following: replacement of the IAWWTF’s existing out-of-
service digester gas boiler and two Camus boilers that are at the end of life with a new non-
condensing boiler and a new condensing boiler, installation of a new gas train, boiler recirculation
pumps, valves, and air ductwork, pad and piping modifications, electrical work, and disposal of
the three existing boilers; installation of five new control valve stations and five new control valves
with associated piping and electrical modifications; installation of a new automated waste gas
burner, piping, concrete pads, pressure transmitters, valves, flame arrestor and thermal valve,
electrical work, and disposal of the existing flare and waste gas piping; installation of two new
variable refrigerant flow (VRF) heat pump systems, wall-mounted cassettes, piping,
communications wiring, transformer, and panel, ductwork modifications, electrical work;
installation of a new supply air fan and a new exhaust air fan to serve the turbine room, and
installation of new ductwork; installation of new heating coils for existing air handlers, piping
modifications, and disposal of existing coils in existing air handling units; installation of two 36”
x 54” influent slide gates to replace two existing 26” x 54” slide gates, and disposal of the existing
slide gates; removal to deck and disposal of existing Administration building roof, and installation
of skylight and new roof with R-30 insulation and 90 MPH, 20-year full system warranty; updates
TB 2023-08-28 (Filed 10/17) Pg. 7
to and upgrades and recommissioning of existing JCI controls associated with the foregoing
projects; and other ancillary and incidental improvements and expenses in connection therewith,
at a maximum estimated cost to the Sewer Improvement Area of 40.88% of Three Million Two
Hundred Forty-Three Thousand Eight Hundred Forty-Six Dollars and No Cents ($3,243,846.00),
which is One Million Three Hundred Twenty-Six Thousand Eighty-Four Dollars and No Cents
($1,326,084.00), it being determined that the remaining $1,917,762.00 of the $3,243,846.00
aggregate maximum cost shall be apportioned and allocated to the City of Ithaca and Town of
Dryden, pursuant to the terms of the December 31, 2003 Joint Sewer Agreement, as amended,
among the Town of Ithaca, City of Ithaca and Town of Dryden; and
Whereas, said $1,326,084.00 maximum estimated cost, which is the cost of the project to be
expended by the Town of Ithaca, shall be authorized to be financed by the Town of Ithaca by the
expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer
Improvement Area, and/or by serial bonds, provided however, grants-in-aid may be received and
utilized therefor; and
Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in said
Sewer Improvement Area by assessing, levying upon and collecting from the several lots and
parcels of land within such Sewer Improvement Area, outside of any villages, which the Town
Board shall determine and specify to be especially benefitted by the Improvement, an amount
sufficient to pay the cost, and
Whereas, said maximum estimated cost is not greater than one-tenth of one per centum of the full
valuation of the taxable real property in the area of the Town of Ithaca outside of any villages and,
therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town
Law, the permission of the State Comptroller is not required for such Improvement and the
establishment of said Sewer Improvement Area; and
Whereas, the Town Board has determined approval, construction and implementation of the
Improvement to be a Type II Action pursuant to the regulations of the New York State Department
of Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act (SEQR) for the following reasons: the Improvement involves the purchase of equipment, and
the replacement in kind of facilities on the same site; and thus per the SEQR regulations the
Improvement will not have a significant adverse impact on the environment, and approval,
construction and implementation of the Improvement are not subject to review under SEQR; and
Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan
and report, including estimate of cost, and the providing of the Improvement, and to hear all
persons interested in the subject thereof concerning the same, all in accordance with the provisions
of Section 209-q of the Town Law; now, therefore, be it
Ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1 A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins
County, New York, at the Ithaca Town Hall, 215 North Tioga Street, in Ithaca, New York, in said
Town, on September 11, 2023, at 5:30 o’clock P.M., Prevailing Time, to consider the aforesaid
TB 2023-08-28 (Filed 10/17) Pg. 8
map, plan and report, including estimate of cost, and the question of providing the Improvement,
and to hear all persons interested in the subject thereof concerning the same and to take such action
thereon as is required by law.
Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be
published once in the official newspaper, and also to post a copy thereof on the Town signboard
maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the
day designated for the hearing as aforesaid, in accordance with the provisions of Section 209-q of
the Town Law.
Section 3. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted
as follows: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Rob Rosen, aye; Margaret
Johnson, aye; Bill Goodman, aye. The resolution was thereupon declared duly adopted.
7. Consider adoption of a revised Audio & Video Meeting Participation
Mr. Howe noted that a change was made to clarify the definition of extraordinary circumstances
to make it clear that being on vacation is not within that definition.
TB Resolution 2023 – 135: Adoption of a revised Videoconferencing Public Body Meeting
Participation Policy
Whereas Gov. Hochul signed Chapter 58 of the Laws of 2023 which necessitated a revision to
the Videoconferencing Public Body Meeting Participation Policy (Policy), and
Whereas the Personnel and Operations Committee reviewed the draft changes to the Policy and
recommended approval by the Town Board, now, therefore be it
Resolved that the Town Board hereby adopts the revised Videoconferencing Public Body
Meeting Participation Policy, effective immediately.
Moved: Bill Goodman Seconded: Rod Howe
Vote: ayes – Goodman, Howe, Levine, DePaolo, Rosen and Johnson
8. Committee Reports
a. Budget – Mr. Levine reported that they did not meet this month and next monthe they
will be looking at the draft budget and water rates.
b. COC – Mr. Rosen reported that they discussed public outreach on the draft
subdivision revision process.
TB 2023-08-28 (Filed 10/17) Pg. 9
c. P&O – Mr. Howe reported that they discussed personnel updates, the revised video
conference attendance policy, the lactation policy and reclassifying the Information
Technology Administrator and associated wage scale.
d. Planning – Mr. DePaolo reported that they continued reviewing the Hayts Chapel
Limited Historic District request.
e. Public Works – Mr. Howe reported they reviewed the Northeast I&I Study and the
MEP Study; a drainage request; a request for a dog park at Salem Park; an update on
Green Fleet policy and project updates
f. Other
i. Ag Committee – Tour is set for Friday, September 29th
ii. CWIO – DEC Region 7 Director spoke and there is an opportunity for
comments on funds that may be available with a focus on TMDL
iii. Trails & Parks – another tree planting event tentatively on October 14th
9. Consent Agenda
TB Resolution 2023 - 136: Adopt Consent Agenda
a. Approval of Town Board Minutes
b. Town of Ithaca Abstract
c. Ratify provisional appointment of Electrical Engineer at BP
Moved: Rod Howe Seconded: Rich DePaolo
Vote: ayes – Goodman, Howe, Levine, DePaolo, Rosen and Johnson
TB Resolution 2023 - 136b: Town of Ithaca Abstract No. 16 for FY-2023
Resolved that the Town Board authorizes payment of the following audited vouchers in total for
the amounts indicated:
VOUCHER NOS. 693 – 738
General Fund Town Wide 30,395.50
General Fund Part-Town 3,410.93
Highway Fund Town Wide DA 663.40
Highway Fund Part Town DB 49,730.75
Water Fund 19,176.68
Sewer Fund 4,586.56
Forest Home Lighting District 116.03
Glenside Lighting District 23.04
Renwick Heights Lighting District 28.98
Eastwood Commons Lighting District 13.37
<info@communityscience.org> 283 Langmuir Lab/Box 1044 95 Brown Rd. Ithaca, NY 14850 607-257-6606
Learn more about our mission and water testing services at www.communityscience.org
Volunteer Monitoring
Outreach and Education
Certified Water Testing (NYSDOH-ELAP #11790)
Community Science Institute Report to Town of Ithaca
Quick Facts and Figures
• Our Mission: To empower communities to protect water quality through volunteer
stream and lake monitoring.
• Four Monitoring Programs:
o 1. Synoptic Stream and Lake monitoring
o 2. Biomonitoring
o 3. Cayuga Lake Harmful Algal Bloom monitoring
o 4. Red Flag monitoring
• Our Lab: CSI operates a NYSDOH ELAP certified water testing laboratory.
• Benefits of CSI’s Monitoring Programs:
• In the Town of Ithaca, CSI volunteers are monitoring water quality at over 30 sites.
Attachment 1
<info@communityscience.org> 283 Langmuir Lab/Box 1044 95 Brown Rd. Ithaca, NY 14850 607-257-6606
Learn more about our mission and water testing services at www.communityscience.org
Volunteer Monitoring
Outreach and Education
Certified Water Testing (NYSDOH-ELAP #11790)
What we’ve been up to so far in 2023
• Continued routine monitoring throughout the watershed including Town of Ithaca.
We also formed a new synoptic stream monitoring partnership in the Village of
Cayuga Heights.
• Released our Cayuga Lake HABs database (funding provided by Tompkins County
Health Dept.) where folks can access data on Cayuga Lake HABs reported to CSI
since 2018 and see up-to-date information on recent blooms.
• Produced fact sheets about the water quality indicators that we monitor to help put
the data into context.
• Worked with Cornell students to learn how we can make our 4-H2O youth program
more accessible and inclusive to kids in our community.
• Submitted materials about CSI’s Red Flag program and groundwater database to
the Tompkins County History Center to use for their upcoming exhibit on the
history of fracking in Tompkins County.
• Worked with two research labs at Cornell to investigate Cayuga Lake HABs.
• Regularly collaborated with our partners at the Cayuga Lake Watershed Network
and the Cayuga Lake Watershed Intermunicipal Organization. We worked on a DEC
grant application to create an interactive data visualization project for the Cayuga
Lake watershed.
• Worked with an apprentice from the Learning Web who created infographics about
common water testing questions.
• Recruited new and existing volunteers to help with sample transport throughout the
Cayuga Lake watershed.
• Gave presentations to stakeholders such as Tompkins County Soil and Water
Conservation District and tabled at events including the Ithaca Fishing and
Conservation Day at Boynton Middle School and the Ithaca Farmer’s Market.
What we want to achieve in 2024
• Continue engaging volunteers throughout the watershed in stream and lake
monitoring to maintain our long-term water quality datasets.
• Collaborate with stakeholders such as municipalities, soil and water conservation
districts, and non-profits to monitor the effectiveness of restoration initiatives.
• Make updates to our public water quality databases to make them more user
friendly.
• Offer precipitation monitoring as way for volunteers who may be unable to
participate in our other programs due to mobility, transportation, or time
restrictions to get involved with monitoring.
• Implement suggestions from our 4-H2O program review to make this program
more accessible and inclusive.
• Complete CSI’s first strategic plan!
August 26, 2023
Dear Friends,
Ithaca Beer now comes before the Town Board requesting a noise permit to host a private event that
will include amplified music until 11:00 PM on September 23rd . Please deny it.
Let’s be absolutely clear. None of this discussion would need to take place if Ithaca Beer had been
required to build a professionally designed, acoustically effective structure at the time of the creation of
the Zoning District. The discussion would not be ongoing if Ithaca Beer had installed a professionally
designed, acoustically effective structure at any time in the intervening years. This discussion would
immediately come to an end if Ithaca Beer would commit - now - to construct a professionally
designed, acoustically effective structure before the next concert season (with an appropriate
performance bond). This is the solution to all of these problems.
From the beginning of the outdoor concerts, the objectors’ fear of Ithaca Beer’s noise permits have
always been founded on one terrifying concept - ESCALATION.
The request by Ithaca Beer for just … one … more … noise … permit, represents the next move in
their attempt to increase the burden on neighbors, while paying nothing - absolutely nothing - to do so.
The first year of the noise permits, if I remember correctly, in a discussion, Ms. Rosa kindly offered
something like, “it’s only seven events,” to which I responded, “yes, but it’s 14 hours.” Yes, only seven
events. The number of concerts has steadily expanded to this year where 28 noise permits have been
handed out. Now Ithaca Beer is back, looking for a 29th permit.
One of the fundamental arguments made at Board discussions was that these events were open to the
public and therefore of public good. In addition the Board findings were:
The waiver is the minimal intrusion needed, because the amplification is needed to provide
dinner music to the area, and music is limited to 6 p.m. to 8 p.m. which hours are within
“daytime hours” as defined by Town Code § 184-4; the entertainment is intended to be and has
proven to be background in nature and not overly intrusive: the amplification speakers must be
located on the taproom lawn and face Route 13 and have hay bales stacked to provide some
mitigation where the band is playing, …
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 music is for a limited
amount of time during the early evenings on the specified dates, with the above listed
limitations in place to minimize the intrusion on the neighbors.
For 2023, these permits required:
1. The placement of the hay bales described in the application should meet NYS Building Fire
Code and be no less than 7 feet tall to mitigate speakers used by the band(s) ...
You are now faced with an applicant who has not - even once - complied with the requirement of
stacking hay bales “no less than 7 feet tall …”. To see performers standing out in the open with a few
bales lying at their feet would be amusing, were it not such an act of defiance, letting everyone know
who is really in charge. In addition, on several occasions the amplified music has not ended at 8:00,
(Attachment 2)
but persisted until 8:30 and in one case until 9:00. There have been no consequences for these failings,
because the permit holder knows that there’s no need to comply. Whatever he wants ...
So an applicant who doesn’t obey the requirements of the existing permits, is now back looking for the
next level of accommodation - a permit for a private event, not open to the public, and one that will not
fall within “daytime hours.”
Ah, but this is a one-time event! It’ll never happen again!
Let’s remember the first year request. “It’s only for 7 weeks.” But, where are we now? If this permit
allowing amplified music for a private event until 11:00 at night is allowed, everyone knows what next
year and subsequent years will bring. Precedent will have been established. The new permits that will
be issued will simply state,
“The waiver is the minimal intrusion needed, because the amplification is needed to provide
music to the area, and music is limited to 11:00 p.m.”
A final note is appropriate. In a postscript of sorts, the applicant offers that since they passed on 4
“permitted” opportunities to torture their neighbors, the next event can be viewed as just an opportunity
to catch up! Amazing. This is logic worthy of a Kurt Gödel or Bertrand Russell. Hilarious.
Do not create a precedent. The application must be denied.
* * * * *
Once more, a review of the situation with Ithaca Beer’s noise permits, requires some history and some
abstraction of the underlying concepts involved.
The Board’s authority to regulate issues such as noise, arises from Article IX of the New York State
Constitution and the Municipal Home Rule Law embodied in New York statutes. These authorities of
constitutional and statutory grants of power to local governments 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. The intent is to prevent, suppress and
abate public nuisances, specifically to preserve peace and tranquility within the municipality. However,
this is not merely a grant of such authority, but an affirmative duty to assure the protection of these
interests. There’s no suggestion of “balancing” the interests of public safety, welfare, comfort, peace
and prosperity with the costs born by businesses looking to degrade the environment.
Noise permits may fall within this authority. “Grandma and Grandpa are celebrating their 50th wedding
anniversary. Jennifer and Justin want to hold their wedding outdoors at our house. Can we have a party
that will exceed the normal noise allowances?” There’s probably a public good, here. These are indeed
special, one-off events. And, we have to notice that such requests are not driven by a business or profit
motive. But if a machine shop wants to position and operate its hydraulic press, or a cabinet company
wants to do their routing outside as a normal and regular part of their business operation, can they
simply apply for noise permits? From the very beginning, Ithaca Beer intended to have “special
events,” which although denominated “special” are really just normal, regular, business, profit making
activities, no different from operating the restaurant or brewing beer. Indeed, they were included in the
business plan. The only thing “special” about them is the language to be used in the advertising.
Perhaps the machine shop can receive noise permits to operate its hydraulic press outdoors if it calls the
operation a “special event?”
When the Town Board created the RESIDENTIAL district for Ithaca Beer, the affirmative duty the
Board bore was to assure the protection of those very, very important interests that are constitutionally
and statutorily protected, especially as they relate to neighboring properties. Despite the discussions at
the time of the creation, the Board abnegated its responsibility to that affirmative duty, by effectively
kicking the can down the road.
Here’s what the Board wrote at the time of the creation:
The Plan calls for a limited number of small-scale, neighborhood-oriented commercial areas
which are safe and attractive, set back from public highways, have good circulation and access,
are well-landscaped (to provide buffering, shade, and character) and located so as to meet
present and anticipated neighborhood needs while not adversely affecting surrounding
neighborhoods, and of an architectural design that enhances their neighborhoods.
Notice please, the language, “ while not adversely affecting surrounding neighborhoods.”
What uses did the Board allow at that time?
D. Permitted principal uses. Only the following buildings or uses are permitted as of right in
Planned Development Zone No. 14:
(1) Any use permitted in a Low Density Residential Zone.
(2) The operation of a brewery, welcome center and retail store, and restaurant with a building
area not to exceed 65,000 square feet.
(3) The operation of special events such as festivals and music series, subject to or upon the
issuance of any permits required.
…
Does this language assure the operation of “outdoor” festivals and events? Does this include the use of
amplified music? There’s no language to that effect. Perhaps that’s understood, like “any permits
required?”
But how did the Board tap-dance around the obvious effects on abutting neighbors? “Any required
permits” would be issued? What does that mean? What permits? How many? How often? Under what
conditions? Special events? What is a festival or a music series? Are these held indoors or outdoors?
Can a special event, festival or series go on for multiple days or weeks? Do “any permits required”
include permits for bonfires, camping, fireworks, lighting, occupancy, parking locations, sanitation,
seating, security, tents, traffic flow? Indeed, given the range of possibilities, were noise permits even
contemplated? Can an infinite number of permits for any and all events be issued? Can Ithaca Beer
create “Woodstock 2.0?” This legislation doesn’t seem to prevent that. How does anyone reading the
ordinance know what is included or excluded?
One has to wonder what was going through the minds of Town Board members at the time of creation
of this District. Is this just inexperience or lack of forethought? How was there no recognition of the
inherent problems and complete inadequacy of this bit of “legislation?”
If noise entered the discussion, one might expect something like this:“Oh, you’re going to hold outdoor
events? Will that mean amplified music? What will you do to mitigate the effects of the noise created?
Who is the sound engineer you intend to hire to design the noise abatement that will assure that the
sound doesn’t permeate into adjacent neighborhoods?” These are the questions a Board member would
have put to an applicant. But, apparently these didn’t arise at the time? Any other businesses that came
before the Board at that time would likely have had to answer these questions. Why was Ithaca Beer,
“special?” How did anyone conceptualize “issuance of any permits required,” as a solution? This is
inexplicable. Had this been done properly, none of the intervening trouble would have come to pass.
Zoning ordinances need to clearly define the requirements for the creation of zoning districts. This
Development Zone was never properly enacted. It is still in some … nascent (?) stage: a pupa waiting
to emerge. As a zoning ordinance, this is invalid, useless - a nullity – legislation that doesn’t legislate;
regulation that doesn’t regulate. The term, “vague,” if not “arbitrary,” comes to mind.
More generally, though, does the ability of the Town Board to issue “any permits required,” for the
operation of special events, take precedence over, or negate, its constitutional and statutory affirmative
duty to prevent, suppress or abate public nuisances? Does it abnegate the language in the enabling
language concerning “not affecting surrounding neighborhoods? Does this promise to issue “any
permits necessary” allow the Board to burden the public health, safety, welfare comfort, peace or
prosperity of one resident or citizen of the Town, because another “preferred” resident won’t expend
the funds necessary to prevent, suppress or abate a public nuisance from being created at all?
Let’s review the Board’s findings again:
The waiver is the minimal intrusion needed, because the amplification is needed to provide
dinner music to the area, and music is limited to 6 p.m. to 8 p.m. which hours are within
“daytime hours” as defined by Town Code § 184-4; the entertainment is intended to be and has
proven to be background in nature and not overly intrusive: the amplification speakers must be
located on the taproom lawn and face Route 13 and have hay bales stacked to provide some
mitigation where the band is playing, …
The “need” to provide dinner music, is incorrectly defined. The need is not to provide dinner music.
Let us be perfectly clear. Reduced to it’s actual basis, the need the Board is recognizing in this
language, is the need to preserve the assets of Ithaca Beer: the need to keep their costs low. This is true,
because there’d be no argument whatever over the conduct of the concerts if the sound were mitigated
by a properly designed and constructed structure.
In addition, on what basis does the Board find that the noise arising from these events is not “overly
intrusive?” The parties affected by the noise have steadfastly, over a period of years, insisted that the
noise is actually very intrusive. Board members have been invited to visit my residence during concerts
to experience the level of intrusion, but have refused. There is no basis whatever for this supposed
“finding.”
But, the continual issuance of noise permits for the conduct of normal business activities within a
residential district nullifies another Town Ordinance:
§ 184-7 Radios, television sets and other sound-producing or -amplifying devices.
A. It shall be unlawful for any person within any Residential Zone, or within 500 feet of a
Residential Zone, to use or to operate any radio or receiving set, musical instrument (including
drums), phonograph, television set, any other machine or device for the producing or
reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive
manner such that noise from the device interferes with the comfort, repose, health or safety of
members of the public or recklessly creates a risk thereof, within any building or, outside of a
building, at a distance of 25 feet or more from the source of such sound or interferes with the
conversation of members of the public who are 25 feet or more from the source of such sound.
Apparently a preferred business located in a Residential Zone, can completely negate § 184-7 by
simply getting a noise permit to carry on their regular business activities – for any day of the week, for
any time of day, for any duration and on any number of occasions. Is Ithaca Beer, “special?”
Not one of the noise permits granted over the years have been legitimately issued. The enabling
legislation is vague … silliness, writ large. The findings are, and have always been, rubbish. The Board
has never advanced a legally supportable basis for the issuance. The conclusion, though, is that the
Board has evidenced its preferential bias for one Town resident over others.
It’s time for the Board to revisit it’s original faux pas and require Ithaca Beer to have a professional,
acoustical engineer design an effective mitigation scheme that, once put in place, will end the infinite
issuance of noise permits.
* * * * *
In our form of democratic government, the rights of individual citizens may occasionally be curtailed.
The right to free speech, for example, does not allow one to shout “fire” in a crowded theater. During
the recent COVID crisis, we learned that citizens could be required to wear surgical masks in specified
public locations. The right to privacy may be forfeit, before boarding a commercial flight. That is,
where there is a compelling need, government may be in a position to restrict or impinge on
constitutional liberties.
As it relates to property rights, a governmental entity may impose on owner rights, but this is called a
“taking” and requires compensation. Shamefully, there are horrific cases of government being allowed
to co-opt a property owner’s rights to benefit a commercial interest, but these have never yielded
positive results. (see Kelo v. City of New London, 545 U.S. 469 (2005), the poster-child for this sort of
catastrophe.) But, even in these horrible cases, if government takes rights from a property owner and
hands those rights over to another person or entity, compensation must be paid. In the instant case, to
date, there has been no discussion of this. Is one forthcoming, now?
Nonetheless, when rights are violated, any “balance” that may be struck is dependent upon the
governmental necessity to preserve health, safety or welfare. The balance is not weighed between the
impingement of the rights on the burdened party, balanced solely against the economic interests of
another party. When actual constitutional rights are going to be violated, it doesn’t matter how in-
obtrusive, minor or minimal, or how many or how few citizens’ rights are violated. If there is not a
compelling governmental need, in our constitutional form of government, a civil right of any citizen
may not be violated. We can never balance the violation of a right against some non-governmental,
commercial entity’s expense incurred in preventing the violation. This is not a compelling
governmental need.
In the case of Ithaca Beer holding outdoor concerts, placing the cost of mitigating the noise created by
concerts, in the balance with a homeowner's right to the quiet enjoyment of their property, is
unacceptable. There is no balance to be struck here. The concerts can go on at will, if the owner of
Ithaca Beer will simply construct a acoustically well-designed shelter to mitigate the noise infiltrating
the neighborhood. Problem solved. No matter the extent of Ithaca Beer’s costs, they weigh nothing in
the balance with anyone’s rights.
The idea that the Town Board wrote the following words, is totally incomprehensible to anyone with
the most basic understanding of the American democratic system: “On balance, the need for and
benefits of the waiver (i.e. saving Ithaca Beer money) outweigh the needs and rights of the surrounding
neighbors to a peaceable and quiet environment …” Unbelievable.
* * * * *
But, perhaps the appropriate Ithaca Town standard has been stated most eloquently each year by one of
the Town Board members, when she has consistently offered, “I like Ithaca Beer. I like these concerts.
There are only a few whinny objectors. Issue the permit.”
Respectfully,
Robert W. Geiszler
Public Notice
Originally published at ithacajournal.com on 08/19/2023
Notice of Public Hearing Town of Ithaca The Town Board will hold a public hearing at its
meeting which begins at 4:30 p.m. on Monday, August 28, at Town Hall, 215 N. Tioga St.,
and available via ZOOM and YouTubeLiveMeetings (Links on website) regarding a noise
permit request from Ithaca Beer to hold a private event on Saturday, September 23rd with
live music outdoors from 8pm 11pm. All people wishing to speak on the topic shall be
heard. Paulette Rosa Town Clerk 8/19/2023
Public Notice
Originally published at ithacajournal.com on 08/19/2023
Notice of Public Hearing Town of Ithaca The Town Board will hold a public hearing at its
meeting which begins at 4:30 p.m. on Monday, August 28, at Town Hall, 215 N. Tioga St.,
and available via ZOOM and YouTubeLiveMeetings (Links on website) regarding adoption
of the Southern Cayuga Lake Intermunicipal Water Commission, aka Bolton Point's
preliminary 2024 Budget as Final. All people wishing to speak on the topic shall be heard.
Paulette Rosa Town Clerk 8/19/23