HomeMy WebLinkAboutTB 2022-091 Noise Permit denial Westhaven RdMEETING OF THE ITHACA TOWN BOARD
May 23, 2022
TB Resolution 2022–091: Denial of a Noise permit for 101 Westhaven Rd Personal live stream broadcast of Dead & Co concert series
Whereas, the Town Board held a public hearing on May 9, 2022 regarding a noise permit application for personal broadcast of a concert series received from David Robertson, and
Whereas, the Town Board heard from a number of people during the public hearing and through emailed comments, and
Whereas the Town Board discussed the request and asked for further information and/or a revised application from the applicant, and
Whereas the Town Board tabled the action item to give the applicant the opportunity to revise the application, and
Whereas, the Town has not received a subsequent revised application, now therefore be it
Resolved that the Town Board deniesa noise permit to David Robertson for the personal live stream broadcast of the Dead & Co as submitted, with the following
Findings:
1. The waiver from the requirements of Town Code Chapter 184 for the above music event is not necessary for a valid purpose, because music might not be able to conform at all times
to the requirements of Chapter 184, and
2. The requested waiver is not the minimal intrusion needed, because the amplification level can be heard far beyond the property, based upon the oral and written comments received,
and
3. On balance, the need for and benefits of the waiver do not outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment.
Moved: Rich DePaoloSeconded: Margaret Johnson
Vote: ayes – DePaolo, Johnson, Howe, Goodman, Rosen and Bleiwas