HomeMy WebLinkAboutTB 2022-100 Ithaca Beer daily music for lawn areaMEETING OF THE ITHACA TOWN BOARD
Monday, June 13, 2022
TB Resolution 2022- 100: Approval of Noise Permit Application for daily music for the lawn area
Whereas the Town received a request for a noise permit for daily piped music to the lawn area during operations, and
Whereas a duly published public hearing was held on May 9th where the public was heard on the request, and
Whereas the Town Board tabled the action to allow for members to visit the site when music is playing outside to experience the impact on the neighboring community, now therefore be
it
Resolved that the Town Board grants the appeal of Ithaca Beer, Dan Mitchell for a noise permit on for daily music to the lawn area, with the following
Conditions
That music will be kept at a level that was arrived at between Ithaca Beer and Town Code Enforcement last year, and
That music will be turned off to the outside area when there are no patrons outside, and
11:30 a.m. -9:30 p.m. 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:Rich DePaoloSeconded:Pamela Bleiwas
Vote: ayes – Howe, DePaolo, Bleiwas, Johnson, Levine, Rosen, and Goodman