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
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FSOP-25-163
Application Type
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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)
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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
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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 #
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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
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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
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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
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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
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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