HomeMy WebLinkAboutTB 2022-071 Noise Permit Ithaca Beer Daily through June 13MEETING OF THE ITHACA TOWN BOARD
May 9, 2022
TB Resolution 2022–071: Noise permit for Ithaca Beer Co. for daily outdoor seating area canned music
Whereas, the Town Board held a public hearing on May 9, 2022 regarding a noise permit application for daily canned music to the outdoor seating area(s) received by Ithaca Beer Co., and
discussed the request, now therefore be it
Resolved that the Town Board grantsa noise permit to Ithaca Beer Co. for the purpose of entertaining guestsoutdoors in their patio area(s) at their location of 122 Ithaca Beer Dr., during
the hours of operation, Wednesdays through Sundays, from 11:30 am through 9:30 p.m. through October 2022 (6 months), with the following
Conditions:
The sound level of the music will be no louder than what was discussed last year with Code Enforcement, and
The permit is valid through June 13, 2022 to allow members to visit the site, and
with the following
Findings:
1. The waiver from the requirements of Town Code Chapter 184 for the above music event is 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 provide dinner music to the area, no later than 11:30 a.m. through 9 p.m., which hours are within
“daytime hours” as defined by Town Code § 184-4; the entertainment is intended to be background in nature and not overly intrusive, 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 not excessive
or unusually loud, or unusual in nature or duration for this type of commercial entity, with the above-listed limitations in place to minimize to the extent practicable, the intrusion
on the neighbors.
Moved: Rod HoweSeconded: Rich DePaolo
Vote: ayes – Howe, DePaolo, Levine, Bleiwas, Johnson, Rosen and Goodman