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HomeMy WebLinkAboutFSOP-25-163 Smileys12/16/25, 10:52 AM Town of Ithaca FSOP-25-163 December 16, 2025 Record No: FSOP- 25-163 TOI - Operating Permit and/or Fire Safety Inspection Application Status: Active Submitted On:11/11/2025 Applicant Information Applicant Type* Owner's Agent Primary Location 825 Danby Rd Unit Smiley's Ithaca, NY 14850 Owner James Rogan Revocable Trust 14 Lodoga Park Rd. West Lansing, NY 14882 Applicant Tracy Pinney 607-351-1778 @ tracy@otoolesgravel.com * 14 Ladoga Park Road lansing, New York 14882 If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent is required. Is the primary contact different than the applicant?* Name* A Yes Company(if applicable) Email* tracy@otoolesgravel.com Tracy Pinney Phone* A 6073511778 Mailing Address* 14 Ladoga Park Road Lansing, NY 14882 https://ithacany.workflow.opengov.com/#/explore/records/39443/detai Is 1 /9 12/16/25, 10:52 AM FSOP-25-163 Application Type https://ithacany.workflow.opengov.com/#/explore/records/39443/details 2/9 12/16/25, 10:52 AM FSOP-25-163 Which of the following types are you applying for?* Non -Residential Types Identified as Residential/Institutional: - Residential Rental Property (Single -Family, Two -Family, Multiple Residence) - Motel or Hotel - Dormitory - Health Care Facility - more than 10 people (Hospital, Nursing Home, Etc.) - Daycare Center - Child and/or Adult -Mobile Home Park Types Identified as Non -Residential: - Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS - Hazardous processes and activities such as those that produce combustible dust, fruit and crop ripening, and waste handling - Parking Garages - Buildings with areas of public assembly of 50 or more occupants - Energy storage systems - Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer - Business Types Identified as An Activity: - Welding and other Hot Work - Outdoor events where the planned attendance exceeds 1,000 persons - Sugarhouse Alternative Activity Provisions - Open Burning - Open Flames (using open flames, fire, and burning in connection with assembly areas or educational occupancies) https://ithacany.workflow.opengov.com/#/explore/records/39443/details 3/9 12/16/25, 10:52 AM FSOP-25-163 Application Information Type of Non -Residential: Business Emergency Contact(s) Full Name* Tracy Pinney Email * tracy@otoolesgravel.com AFFIDAVIT Primary Phone Number* 6073511778 Add an additional emergency contact The UNDERSIGNED HEREBY APPLIES for permission to operate the above in accordance with provisions of the Code of the Town of Ithaca, the NYS Uniform Fire Prevention & Building Code, and all other applicable County, State & Federal laws, AND AFFIRM that all statements and information given herein are correct to the best of my knowledge and belief. I agree that my electronic signature is equivalent to a handwritten signature and is binding for all purposes related to this transaction* Tracy Pinney Nov 11, 2025 https://ithacany.workflow.opengov.com/#/explore/records/39443/details 4/9 12/16/25, 10:52 AM FSOP-25-163 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, an email notifying you that the associated fee is due will be sent to the applicant. Payment online can be submitted via debit/credit card, as well as by way of an e-check. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop off during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buffalo St side of Town Hall *Checks can be written out to, Town of Ithaca Code Officer/Internal Only -Review Inspector Assigned Ithaca Fire Department Complete this section before issuing Permit. Application Requires Type of Occupancy Building Name (if applicable) Description Printout Custom Description for Permit Printout Date Submitted Municty App # https://ithacany.workflow.opengov.com/#/explore/records/39443/details 5/9 12/16/25, 10:52 AM FSOP-25-163 A Date Permit Issued A Refund Request FSI Section Name of Business Date of Inspection & Town Staff No signature Additional Viewing Options CEO Name Displayed on Permit : Additional Occupancy (if needed) Fire District Next Inspection Due https://ithacany.workflow.opengov.com/#/explore/records/39443/details 6/9 12/16/25, 10:52 AM FSOP-25-163 Historical Only A Appearance Ticket - Code Officer Use Only Signature for Orders Zoning - Order to Remedy Order to Remedy - Compliance Date Order to Remedy Conditions Order to Remedy - Certified Mail Number Renewal Letter Information El A Order to Remedy- Code Officer Use Only Additonally Served Individual listed on Order to Remedy El Permit Close Out Without Certificate Reason permit was closed Attachments https://ithacany.workflow.opengov.com/#/explore/records/39443/details 7/9 12/16/25, 10:52 AM FSOP-25-163 Letter or Email of Authorization Scan_0246.pdf Uploaded by Tracy Pinney on Nov 11, 2025 at 11:34 AM Record Activity Tracy Pinney started a draft Record Tracy Pinney added file Scan_0246.pdf Tracy Pinney submitted Record FSOP-25-163 OpenGov system altered approval step Code Dpt. Administrative Review, changed status from Inactive to Active on Record FSOP-25- 163 OpenGov system assigned approval step Code Dpt. Administrative Review to Christopher Torres on Record FSOP-25-163 Christopher Torres changed form field entry Inspector Assigned from "" to "Ithaca Fire Department" on Record FSOP-25-163 Christopher Torres approved approval step Code Dpt. Administrative Review on Record FSOP-25-163 OpenGov system altered payment step Permit Fee, changed status from Inactive to Active on Record FSOP-25-163 OpenGov system changed the deadline to Feb 10, 2026 on payment step Permit Fee on Record FSOP-25-163 Timeline 11/11/2025 at 11:33 am 11/11/2025 at 11:35 am 11/11/2025 at 11:35 am 11/11/2025 at 11:35 am 11/11/2025 at 11:35 am 11/12/2025 at 3:02 pm 11/12/2025 at 3:04 pm 11/12/2025 at 3:04 pm 11/12/2025 at 3:04 pm Due Label Activated Completed Assignee Date Status ✓ Code Dpt. 11/11/2025, 11/12/2025, Christopher Administrative 11:35:16 _ Completed 3:04:55 PM Torres Review AM 11/12/2025, Tracy Active Permit Fee 3:04:55 PM Pinney 2/10/2026 https://ithacany.workflow.opengov.com/#/explore/records/39443/details 8/9 12/16/25, 10:52 AM Label & Ithaca Fire Dept. Fire Safety Inspection ✓ Issue Fire Safety Inspection Certificate and/or Operating Permit ✓ Archival Review & Approval FSOP-25-163 Due Activated Completed Assignee Date Status Inactive Inactive Inactive https://ithacany.workflow.opengov.com/#/explore/records/39443/details 9/9 lirsuant to Sec;ion 2105 of the New York Civil Practice Law and Rules, I, an attorney aftjtW to practice in the courts of the State, hereby ocl ifv+ that this copy has been compared by mG v-lth ttie o ' ' al and is a true and complete copy POWER OF ATTORNEY thereof. /;q A ,n trey at law (a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the "principal," you give the person whom you choose (your "agent") authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority. When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. "Important Information for the Agent" at the end of this document describes your agent's responsibilities. Your agent can act on your behalf only after signing the Power of Attorney before a notary public. You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located. You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly. Your agent cannot make health care decisions for you. You may execute a "Health Care Proxy" to do this. The law governing Powers of Attorney is contained in the New York General Obligations Law, Article 5, Title 15. This law is available at a law library, or online through the New York State Senate or Assembly websites, www.nysenate.gov or www.nyassembly.gov. If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you. (b) DESIGNATION OF AGENT(S): 1, James C. Rogan (name of principal) hereby appoint: Tracy L. Pinney (name of agent) (name (?f second agent) as my agent(s). 4503 Harbor Court, Fort Myers, Florida, 33908 (address ofprincipal) 14 Ladoga Park W., Lansing, NY 14882 (address of agent) (address of second agent) If you designate more than one agent above and you do not initial the statement below, they must act together. ) My agents may act SEPARATELY. page I of 8 (c) DESIGNATION OF SUCCESSOR AGENT(S): (INTENTIONALLY OMITTED) (d) This POWER OF ATTORNEY shall not be affected by my subsequent incapacity unless I have stated otherwise below, under "Modifications". (e) This POWER OF ATTORNEY DOES NOT REVOKE any Powers of Attorney previously executed by me unless I have stated otherwise below, under "Modifications." (f) GRANT OF AUTHORITY: To grant your agent some or all of the authority below, either (1) Initial the bracket at each authority you grant, or (2) Write or type the letters for each authority you grant on the blank line at (P), and initial the bracket at (P). If you initial (P), you do not need to initial the other lines. I grant authority to my agent(s) with respect to the following subjects as defined in sections 5-1502A through 5-1502N of the New York General Obligations Law: ( ) (A) real estate transactions; (B) chattel and goods transactions; ( ) (C) bond, share, and commodity transactions; ( ) (D) banking transactions; ( ) (E) business operating transactions; ( ) (F) insurance transactions; f ) (G) estate transactions; (H) claims and litigation; ) (1) personal and family maintenance: If you grant your agent this authority, it will allow the agent to make gifts that you customarily have made to individuals, including the agent, and charitable organizations. The total amount of all such gifts in any one calendar year cannot exceed five thousand dollars; ( ) (J) benefits from governmental programs or civil or military service; ( ) (K) financial matters related to health care; records, reports, and statements; i ) (L) retirement benefit transactions; { } (M) tax matters; (__ ) (N) all other matters; { ) (0) full and unqualified authority to my agent(s) to delegate any or all of the foregoing powers to any person or persons whom my agent(s) select; (P) EACH of the matters i entified by the following letters A, B, C. D, E, F, G, H, 1, J, K, L, M, N, Q. You need not initial the other lines if you initial line (P). Page 2 of 8 (g) CERTAIN GIFT TRANSACTIONS: (OPTIONAL) In order to authorize your agent to make gifts in excess of an annual total of $5,000 for all gifts described in (I) of the grant of authority section of this document (under personal and family maintenance), and/or to make changes to interest in your property, you must expressly grant that authorization in the Modifications section below. If you wish to authorize your agent to make gifts to himself or herself, you must expressly grant such authorization in the Modifications section below. Granting such authority to your agent gives your agent the authority to take actions which could significantly reduce your property and/or change how your property is distributed at your death. Your choice to grant such authority should be discussed with a lawyer. V-1Z I grant my agent authority to make gifts in accordance with the terms and conditions f the Modifications that supplement this Statutory Power of Attorney. (h) MODIFICATIONS: (OPTIONAL) In this section, you may make additional provisions, including, but not Iimited to, language to limit or supplement authority granted to your agent, language to grant your agent the specific authority to make gifts to himself or herself, and /or language to grant your agent the specific authority to make other gift transactions and/or changes to interests in your property. Your agent is entitled to be reimbursed from your assets for reasonable expenses incurred on your behalf. In this section, you may make additional provisions if you ALSO wish your agent(s) to be compensated from your assets for services rendered on your behalf, and you may define "reasonable compensation." DIGITAL ASSETS: I grant authority to my agent to access, modify, delete, control and transfer all of my digital assets and accounts, of every kind and every nature, and the content of all of my electronic communications; and, this authority shall constitute ray consent for all federal and state laws relating to digital assets, digital accounts, electronic communications, privacy and fraud. This authority shall include, and extend to, all digital assets, digital accounts and electronic communications which currently exist, or may exist as technology develops, and/or such comparable items as technology develops. GIFTING AUTHORITY: If you ravish to grant such authority, initial either section (1) or (2) below. ) (1) I grant authority to my agent to make gifts to my spouse, children and more remote descendants, and parents, not to exceed, for each donee, the annual federal gift tax exclusion amount pursuant to the Internal Revenue Code. For gifts to my children and more remote descendants, and parents, the maximum amount of the gift to each donee shall not exceed twice the gift tax exclusion amount, if my spouse agrees to split gift treatment pursuant to the Internal Revenue Code. This authority must be exercised pursuant to my instructions, or otherwise for purposes which the agent reasonably deems to be in my best interest. This grant of authority shall include the ability of my agent(s), Tracy L. Pinney, to make such Iimited gifts to such agent(s). Page 3 of 8 (�f t' r 2 I rant the following authority to () g g y my agent to make gifts pursuant to my instructions, or otherwise for purposes which the agent reasonably deems to be in my best interest, and I grant specific authority for the following agent, Tracy L. Pinney, to make the following gifts to himself or herself, pursuant to my instructions, or otherwise for purposes which the agent reasonably deems to be in my best interest: (A) To transfer, gift or convey any and all property that I may own as I may do under all circumstances for purposes of gift, estate or tax planning, Medicaid planning or for whatever purposes my agent(s) deems in my best interest, and to any person(s) or organization(s) whom my agent(s) deems consistent with my estate plan to the extent feasible, other than the witnesses to this Power of Attorney document. This grant of authority shall include the ability of my agent(s) named above, if any, to transfer, gift or convey any and all property to himself, herself, or themselves, as the case may be. (B) To make or change all beneficiary designations, withdrawals, rollovers, transfers, elections and waivers under law regarding all life insurance contracts, annuity contracts, qualified plans, employee benefit plans and individual retirement accounts, whether as plan participant, as beneficiary, IRA owner or as spouse of a participant, including, without limitation, the waiver of qualified joint and survivor annuity and qualified pre -retirement surviving annuity benefits as provided in IRC Section 417; to authorize any distribution, transfer or rollover from all qualified plans and IRAs. This grant of authority shall include the ability of my agent(s) named above, if any, to make or change said beneficiary designations, withdrawals, rollovers, transfer, elections and waivers to name himself, herself, or themselves, as the case may be, as the beneficiary(ies) thereof (C) To create trusts, whether revocable or irrevocable, on my behalf; to fund such trusts on my behalf or make transfers and additions to any trusts already in existence; to withdraw income or principal on my behalf from any trust; and to exercise whatever trust powers or elections which I may exercise_ This grant of authority shall include the ability of my agent(s) named above, if any, to create trusts naming himself, herself or themselves, as the case may be, as the beneficiary(ics) of said trust. (D) To open, modify or terminate a deposit account in my name and the name of other joint tenants; to open, modify or terminate any other joint account in my name and the name of other joint tenants, including the authority to change the title of an account by the addition of a new joint tenant or the deletion of an existing joint tenant; to open, modify or terminate a bank account in trust form and transfer on death accounts, and to designate or change the beneficiaries of such accounts. This grant of authority shall include the ability of my agent(s) named above, if any, to open or change a joint account with himself, herself or themselves, as joint owner(s), and designate or change the beneficiaiy(ies) to himself, herself, or themselves, as the case may be. Page 4 of 8 (i) DESIGNATION OF MONITOR(S): (INTENTIONALLY OMITTED) (j) COMPENSATION OF AGENT(S): Your agent is entitled to be reimbursed from your assets for reasonable expenses ineurred on your behalf. If you ALSO wish your agent(s) to be compensated from your assets for services rendered on your behalf, and/or you wish to define "reasonable compensation", you may do so above, under "Modifications". (k) ACCEPTANCE BY THIRD PARTIES: I agree to indemnify the third party for any claims that may arise against the third party because of reliance on this Power of Attorney. I understand that any termination of this Power of Attorney, whether the result of my revocation of the Power of Attorney or otherwise, is not effective as to a third party until the third party has actual notice or knowledge of the termination. (I) TERMINATION: This Power of Attorney continues until I revoke it or it is terminated by my death or other event described in section 5-1511 of the General Obligations Law. Section 5-1511 of the General Obligations Law describes the manner in which you may revoke your Power of Attorney, and the events which terminate the Power of Attorney. (m) SIGNATURE AND ACKNOWLEDGMENT: In Witness Whereof I have hereunto signed my name on �425/ , 2023. PRINCIPAL signs here:C I6?nvt& James C. Rogan L STATE OF NEW YORK ) ) ss: COUNTY OF TOMPKINS ) On the _3L day of 4&,sj , 20 23 , before me, the undersigned, personally appeared James C. Rogan, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. h11CHAEL R. MAY r Notary KO-7-:_, Sia[e W New York Notary Public i\:�_, 4R�9594 Ouali{i-cl :l] rars i:i;t:. Co my Commi.ssik; -� Lx,oires .duly 31, > PL � Page 5 of 8 (n) SIGNATURE OF WITNESSES: By signing as a witness, I acknowledge that the principal signed the Power of Attorney in my presence and in the presence of the other witness, or that the principal acknowledged to me that the principal's signature was affixed by him or her or at his or her direction. I also acknowledge that the principal has stated that this Power of Attorney reflects his or her wishes and that he or she has signed it voluntarily. I am not named herein as an agent or as a permissible recipient of gifts. V4,� I�Z �7 �--- . Signature of Wit ess I Signature of Witness 2 -3i' Date X-1 Print Name 121 E. Buffalo Street Address 11:K — __�I —� Date _4)IMl 1 0 u0l AA Print Name j 121 E. Buffalo Street Address Ithaca, NY 14850 Ithaca, NY 14850 City, State, Zip Code City, State, Zip Code (o) IMPORTANT INFORMATION FOR THE AGENT: When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes on you legal responsibilities that continue until you resign or the Power of Attorney is terminated or revoked. You must: (1) act according to any instructions from the principal, or, where there are no instructions, in the principal's best interest; (2) avoid conflicts that would impair your ability to act in the principal's best interest; (3) keep the principal's property separate and distinct from any assets you own or control, unless otherwise permitted by law; (4) keep a record of all transactions conducted for the principal or keep all receipts of payments and transactions conducted for the principal; and (5) disclose your identity as an agent whenever you act for the principal by writing or printing the principal's name and signing your own name as "agent" in either of the following manners: (Principal's Name) by {Your Signature) as Agent, or (your signature) as Agent for (principal's Name). You may not use the principal's assets to benefit yourself or anyone else or make gifts to yourself or anyone else unless the principal has specifically granted you that authority in the modifications section of this document or a Non -Statutory Power of Attorney. If you have that authority, you must act according to any instructions of the principal or, where there are no such instructions, in the principal's best interest. Page 6 of 8 You may resign by giving written notice to the principal and to any co -agent, successor agent, monitor if one has been named in this document, or the principal's guardian if one has been appointed. If there is anything about this document or your responsibilities that you do not understand, you should seek legal advice. Liability of agent: The meaning of the authority given to you is defrned in New York's General Obligations Law, Article 5, Title 15. If it is found that you have violated the law or acted outside the authority granted to you in the Power of Attorney, you may be liable under the law for your violation. (p) AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT. It is not required that the principal and the agent(s) sign at the same time, nor that multiple agents sign at the same time. I/we, Tracy L. Pinney (and) , have read the foregoing Power of Attorney. I am/we are the person(s) identified therein as agent(s) for the principal named therein. I/we acknowledge my/our legal responsibilities. In Witness Whereof I have hereunto signed my name on .� ,� 3 20 2-3 Agent sign here: racy L. i ney In Witness Whereof I have hereunto signed my name on 2.0 Agent sign here: --> STATIC OF Y3 . } ss: COUNTY OF On the 3 f day of ' , 20 Z3 , before me, the undersigned, personally appeared Tracy L. Pinney, perso ally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. � A /V 0 MICHAEL R. MAY Notary Pub w New York otary Public Tom Comm�ssl�:I, � ;.wires ;.j��y Page 7 of 8