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Home My WebLink AboutZBA Packet 2024-05-28Page 1 of 2 Town of Ithaca Zoning Board of Appeals Tuesday May 28, 2024 at 6:00pm 215 N. Tioga St. The meeting for the Zoning Board of Appeals will be held in-person, at Town Hall, with the option for the public to also attend by video conferencing through the Zoom App. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If a member of the public would like to attend the meeting virtually, for viewing purposes only, it is recommended to watch the livestream video on YouTube. AGENDA  ZBAA-24-6 Appeal of William Jr. and Elizabeth Bliss; owners of 527 Warren Rd., Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code sections 270-223 (Fences and walls; retaining walls). Town of Ithaca Code section 270- 223 requires that the fencing installed shall have the finished side facing the street and abutting properties, where the proposed fence would not comply with these requirements. The property is located in the Medium-Density Residential Zone, Tax Parcel No. 70.-1-51.1.  ZBAA-24-8 Appeal of Scott D’Vileskis; owners of 144 Coy Glen Rd., Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code sections 270-219.7D and 270-219.7B. Town of Ithaca Code section 270-219.7D requires the dwelling unit be the principal residence of at least one of the property owners to be eligible for an short term rental operating permit and Town of Ithaca Code section 270-219B requires the owners of the property to reside in the dwelling for at least 185 days per year to be considered a principal residence, where the owners do not meet the criteria found in Town of Ithaca Code sections 270-219B or 270-219D and are not eligible for a un-hosted short term rental operating permit but are proposing to be eligible for an un-hosted short term rental operating permit. The property is located in the Conservation Zone, Tax Parcel No. 31.-1-3.12. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on “JOIN Meeting”, and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to https://us06web.zoom.us/j/85255871576. If joining through the Zoom App, you will be placed on hold until the meeting starts. Page 2 of 2 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to The Town’s YouTube channel. To join the meeting directly, go to https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live Questions about accessing the Zoom video conference should be directed to lkofoid@town.ithaca.ny.us or (607) 273-1783 Town of Ithaca 5/20/2024 ZBAA-24-6 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 4/11/2024 Primary Location 527 Warren Rd Unit William Jr. & Elizabeth Bliss Ithaca, NY 14850 Owner William Jr. & Elizabeth Bliss 75 Murﬁeld Dr Ithaca, NY 14850 Applicant BJ Bliss 607-279-9449 gratefulredlax@gmail.com 107 North Aurora Street Ithaca, NY 14850 Internal Only-Review Tax Parcel No. 70.-1-51.1 Is Planning Dept. Approval Required? No Is Engineering Dept. Approval Required? No Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 5/28/24 ZBAA-24-6 about:srcdoc 1 of 8 5/20/2024, 12:40 PM Variance Code Language ZBAA-24-6 Appeal of William Jr. and Elizabeth Bliss; owners of 527 Warren Rd. , Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code sec�ons 270-223 (Fences and walls; retaining walls). Town of Ithaca Code sec�on 270-223 requires that the fencing installed shall have the ﬁnished side facing the street and abu�ng proper�es, where the proposed fence would not comply with these requirements. The current property is located in the Medium-Density Residen�al Zone, Tax Parcel No. 70. -1-51.1. Variance Code Section 270-223A. Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent – Deadline for Hearing Notice to Journal May 16, 2024 Public Hearing Notice Was Sent 05/16/2024 Neighbor Notiﬁcation Letters Were Sent 05/20/2024 Date Sign Was Picked-up – Material Packets Sent to ZBA Members 05/20/2024 ZBAA-24-6 about:srcdoc 2 of 8 5/20/2024, 12:40 PM Historical Only Address aﬃliated with request Status Applicant's Information Applicant is* Property Owner Is the primary point of contact for application diﬀerent than the applicant?* No Description Brief Description of Variance Request* I am putting up a new fence in the back yard and want to have the ﬁnished side of the fence face inwards and on the inside of the support posts since the back of the property does not contain and houses and is just all wetlands Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: ZBAA-24-6 about:srcdoc 3 of 8 5/20/2024, 12:40 PM 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* Yes Reasons: 3. Is the requested variance substantial?* Yes Reasons: 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: 5. Is the alleged diﬃculty self-created?* No Reasons: ZBAA-24-6 about:srcdoc 4 of 8 5/20/2024, 12:40 PM Aﬃdavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* BJ Bliss Apr 11, 2024 Meeting Date 04/11/2024 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. 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 Attachments 527 Warren Rd.pdf Uploaded by BJ Bliss on Apr 11, 2024 at 8:42 AM REQUIRED Zoning Board of Appeals Meeting Narrative ZBAA-24-6 about:srcdoc 5 of 8 5/20/2024, 12:40 PM Uploaded by Marty Moseley on May 15, 2024 at 3:19 PM Uploaded by Marty Moseley on May 15, 2024 at 3:20 PM Uploaded by Marty Moseley on May 15, 2024 at 3:20 PM Uploaded by Marty Moseley on May 15, 2024 at 3:20 PM History Date Activity 5/20/2024, 12:38:55 PM Lori Kofoid changed Deadline for Hearing Notice to Journal from "" to "May 16, 2024" on Record ZBAA-24-6 5/20/2024, 12:38:55 PM Lori Kofoid changed Material Packets Sent to ZBA Members from "" to "05/20/2024" on Record ZBAA-24-6 5/20/2024, 12:38:55 PM Lori Kofoid changed Neighbor Notiﬁcation Letters Were Sent from "" to "05/20/2024" on Record ZBAA-24-6 5/20/2024, 12:38:55 PM Lori Kofoid changed Public Hearing Notice Was Sent from "" to "05/16/2024" on Record ZBAA-24-6 5/20/2024, 12:37:59 PM Lori Kofoid changed Is Engineering Dept. Approval Required? from "" to "No" on Record ZBAA-24-6 5/20/2024, 12:37:59 PM Lori Kofoid changed Is Planning Dept. Approval Required? from "" to "No" on Record ZBAA-24-6 5/15/2024, 3:36:51 PM approval step Notice Pick-up (You will be emailed again when ready) was assigned to Lori Kofoid on Record ZBAA-24-6 5/15/2024, 3:36:49 PM Marty Moseley altered inspection step Review - Code Enforcement/ Zoning Dept., changed status from Active to Complete on Record ZBAA-24-6 IMG_0657.jpeg IMG_0654.jpeg IMG_0655.jpeg IMG_0656.jpeg ZBAA-24-6 about:srcdoc 6 of 8 5/20/2024, 12:40 PM I am looking to replace the fence in our backyard and would like to have the finished side of the fence face my property and be placed on the inside of the support posts.There are no neighbors in the back of the house and it is also a swampy area. COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. May 13, 2024 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed fence located at 527 Warren Road, Tax Parcel #70.-1-51.1, William & Elizabeth Bliss, Owner; BJ Bliss, Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, M. Megan McDonald Deputy Commissioner of Planning and Sustainability 16 Muriel S"eet I#aca, NY 14850 May 24, 2024 Dear Members of the BZA Board: I am writing regarding a petition submitted by William and Elizabeth Bliss regarding a fence variance for their property at 527 Warren Road. I was sent a letter about this and decided to check it out. Given that I have a little time on my hands right now and need an escape from work, I am replying to this. Here is what I have to say: Grant this variance. It is a cut and dried case of a fence that literally will not matter to anyone but the people who live in the house requesting the variance. The properties on Muriel Street and those on Warren Road are separated by a wide town sewer easement that has forest and brush on either side of it. We can’t see one another’s back yards or fences at all. This easement is what makes living on both of these streets facing each other very nice. We look out on forest and wetlands and as a result, get lots of birds and wild animals and even turtles in our yards. Don’t waste any of your board time worrying about this one. Move on to more pressing matters and grant this variance. Sincerely, Jane Marie Law Town of Ithaca 5/21/2024 ZBAA-24-8 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 4/12/2024 Primary Location 144 Coy Glen Rd Unit Erin & Scott D'Vileskis Ithaca, NY 14850 Owner Erin & Scott D'Vileskis 9512 Primrose View Ct Gaithersburg, MD 20882 Applicant Scott D'Vileskis 607-273-7048 sdvileskis@gmail.com 144 Coy Glen Rd Ithaca, NY 14850 Internal Only-Review Tax Parcel No. 31.-1-3.12 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? No Type of Variance Area Variance Appearance Date for Variance 5/28/24 ZBAA-24-8 about:srcdoc 1 of 8 5/21/2024, 9:30 AM Variance Code Language ZBAA-24-8 Appeal of Sco� D’Vileskis; owners of 144 Coy Glen Rd., Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code sec�ons 270-219.7D and 270-219.7B. Town of Ithaca Code sec�on 270-219.7D requires the dwelling unit be the principal residence of at least one of the property owners to be eligible for an short term rental opera�ng permit and Town of Ithaca Code sec�on 270-219B requires the owners of the property to reside in the dwelling for at least 185 days per year to be considered a principal residence, where the owners do not meet the criteria found in Town of Ithaca Code sec�ons 270-219B or 270-219D and are not eligible for a un-hosted short term rental opera�ng permit but are proposing to be eligible for an un-hosted short term rental opera�ng permit. The current property is located in the Conserva�on Zone, Tax Parcel No. 31.-1-3.12. Variance Code Section 270-219.7B an d270-219D Internal Tasks to be Completed Meeting Result (First Appearance) – Deadline for Hearing Notice to Journal 5/16/24 Noon Public Hearing Notice Was Sent 05/16/2024 Neighbor Notiﬁcation Letters Were Sent 05/20/2024 Date Sign Was Picked-up – Material Packets Sent to ZBA Members 05/20/2024 Historical Only Address aﬃliated with request Status ZBAA-24-8 about:srcdoc 2 of 8 5/21/2024, 9:30 AM Applicant's Information Applicant is* Property Owner Is the primary point of contact for application diﬀerent than the applicant?* No Description Brief Description of Variance Request* Exemption from principal residence requirements of 270-219.7D(1) - short term rental permit Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: We have been short-term renting this properly, seasonally (Typically Weekends between May-September), for the last 7 years, and are pretty selective in the reservations we accept, and have great relationships with our immediate neighbors and community (some are/were STR hosts in various places). We are set back from the road a signiﬁcant amout, have a long driveway to accomodate parking, topographic features that isolate us from the street/neighbors. Most neighbors had no idea we were doing STR for several years until we disclosed at our community picnic. (we have rented to our neighbor's families, visitors, and hosted families visiting LACS on several occasions) ZBAA-24-8 about:srcdoc 3 of 8 5/21/2024, 9:30 AM 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: We use this property primarily between September and April, often visiting dozens of times a year, so long term rental is not feasible. Additionally, to maintain the rest of the 38 acre property in the spirit of conservation (invasive weed/invasive tree abatement, etc) we spend a great deal of time managing the property. 3. Is the requested variance substantial?* No Reasons: The short term rental law exempts lakefront property because of the seasonal nature of visitors. Visitors of/Guests to our property do not want to stay on the lake, they want a secluded house in the woods for their family gatherings and reunions, for our private hiking, for proximity to area parks and falls, restaurants, winerys, etc. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: On the contrary, by renting our property short term, the income goes to BETTER maintain the ecological environment of our property by managing plantings, invasive weed/invasive tree abatement. Additionally, by having the property mostly vacant during the winter (aside from our frequent visits), we are able and happy to participate in the Town's and Cornell's deer management programs. ZBAA-24-8 about:srcdoc 4 of 8 5/21/2024, 9:30 AM 5. Is the alleged diﬃculty self-created?* No Reasons: The town law restricting short term rentals was short sighted in several areas; It is our belief that large, secluded properties like ours (including properties zoned conservation, agriculture) should have been exempted/treated analogous to lakefront zoned property, since folks visiting our property are visiting FOR the aformentioned reasons (secluded in the woods, on-site hiking, nearby winery tours, proximity to downtown and area schools). We believe that the restrictions create an alleged diﬃculty FOR the town/county as we are no longer able to draw tourists to the area, collect hotel taxes, indirectly draw money to local businesses via our guests, and directly return money to local individuals and businesses for cleaning, landscaping, and other related expenses. Aﬃdavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Scott D'Vileskis Apr 12, 2024 Meeting Date 04/23/2024 PAYMENT INFORMATION ZBAA-24-8 about:srcdoc 5 of 8 5/21/2024, 9:30 AM After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. 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 Attachments str-denial-letter.pdf Uploaded by Scott D'Vileskis on Apr 12, 2024 at 1:07 PM dvileskis-ﬁnal-hotel-payment.pdf Uploaded by Scott D'Vileskis on Apr 12, 2024 at 1:30 PM REQUIRED 144coyglen-setback.png Uploaded by Scott D'Vileskis on Apr 12, 2024 at 1:18 PM REQUIRED environmental asssessment.txt Uploaded by Scott D'Vileskis on Apr 12, 2024 at 1:41 PM REQUIRED History Date Activity 5/20/2024, 12:45:30 PM Lori Kofoid changed Public Hearing Notice Was Sent from "" to "05/16/2024" on Record ZBAA-24-8 5/20/2024, 10:41:36 AM approval step Notice Pick-up (You will be emailed again when ready) was assigned to Lori Kofoid on Record ZBAA-24-8 Determination/Denial Letter Narrative Survey and/or Plans Environmental Assessment Form ZBAA-24-8 about:srcdoc 6 of 8 5/21/2024, 9:30 AM Scott D'Vileskis <sdvileskis@gmail.com> 144 Coy Glen Rd - Short-Term Rental Application Chris Torres <ctorres@town.ithaca.ny.us>Tue, Sep 26, 2023 at 2:22 PM To: "sdvileskis@gmail.com" <sdvileskis@gmail.com> Good afternoon, After reviewing your application, it appears that at this time our office would be unable to issue an operating permit for short-term rental use per Town of Ithaca Code sections §270-219.7D(1) and §270-219.7B(4). Town of Ithaca Code section §270-219.7D(1) states the following: Except in the Lakefront Residential Zone, short-term rental uses may occur only in a dwelling unit that is the principal residence of at least one of the property owners, in another dwelling unit on the same tax parcel as the principal residence, or in a dwelling unit on no more than one adjacent tax parcel that is owned by the same owner(s). No other owner(s), collectively or individually, shall own a larger percentage of the tax parcel(s) than the owner-occupant(s) who reside in the principal residence for a minimum of 185 days per year. [Amended 1-23-2023 by L.L. No. 2-2023] Town of Ithaca Code section §270-219.7B(4) states the following: For the purposes of this § 270-219.7, for a dwelling unit to be considered an owner's or proprietary lease holder's principal residence, the owner or proprietary lease holder must reside in the dwelling unit for a minimum of 185 days per year. For trusts, principal residence requirements are met if all of the criteria in Subsection E(1)(b)[2] are met. Based on the information provided on your application, it appears that 144 Coy Glen Rd., Ithaca, NY is not your principal residence and is located in a Conservation Zone which would make your application ineligible to receive an operating permit for short-term rental use without a variance being granted from the Zoning Board of Appeals. You do have the right and ability to submit an area variance application and appear in front of the Zoning Board of Appeals to seek relief from the previously mentioned Town of Ithaca Code sections. An application can be submitted by utilizing the following link, https://ithacany.portal. opengov.com/categories/1084/record-types/6461.. For information on when Zoning Board of Appeals meets and the associated deadlines for their meetings, please call 607-273-1783. The purpose of Conservation Zones in the Town of Ithaca can be found in section §270-10 in Town of Ithaca Code. Best, Chris Christopher Torres Code Safety Inspector Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Phone: 607-273-1783 www.town.ithaca.ny.us 12/7/2022 Re: FINAL Return of tax on occupancy of hotel rooms Permit #362 To Whom it may concern: Our property at Coy Glen is my wife’s childhood home; a home/property we plan to hold on to and hope to retire to someday. We are fortunate enough to NOT need to rent it out at all, but it felt like such a shame to keep our treasured 36-acre woodland property (zoned conservation) all to ourselves. That said, my wife and I have been renting our place out to tourists and visitors for the last few years, and the hundreds of reviews from the experiences that we’ve created for guests, including those of families, bridal parties, and groups of friends revisiting Ithaca have really made it a very rewarding experience for us. We’ve prided ourselves in making sure visitors to the Ithaca area have thoroughly enjoyed their local stay, promote local restaurants and experiences, all the while being selective on the number and quality of reservations we have accepted. We typically only rent our home out for about 15 weekends of the summer/fall; And we are in town visiting a few dozen or so other times of the year for property maintenance, visits with our family, etc. However, thanks to the Town of Ithaca for banning “un-hosted” short term rentals for non-residents, It is with deep regret that we will cease sharing our property and as such, this is likely our FINAL remittance of our hotel and occupancy taxes. While we are technically out-of-state hosts, our level of host interaction and guest communication likely rivals that of many of the area’s ‘hosted’ STRs. Attached please find reviews from a handful of tourists and extended families from the last year or two. These folks, typically groups of 8-10, with money to burn, obviously appreciate local attractions and sharing a spacious home together; They will likely end up finding accommodations in other upstate NY areas, diverting their money elsewhere, to say nothing about the contributions we make to local businesses that helped to support our rental. Sincerely, Scott D’Vileskis Host of shuttered “Eco Cabin in the Woods” Enc: Dozens of reviews from the types of visitors impacted by this ban Long Weekend With Family We had a great time. The house was beautiful and very clean, including all linens and towels. We appreciated the provided products and the fact that all the kitchen basics are covered. The cookware was in good shape. We did a big breakfast and had everything we needed. Lots of essentials were already there. Lots of space to spend time together, but also to have time alone. The area is beautiful, only minutes from a great trail and awesome farmer's market. Definitely recommend this house for anyone looking to stay in Ithaca! Ithaca Family Weekend What a fun weekend! The only drawback is my son and his girlfriend couldn't attend due to COVID! Bummer. The rest of my crew had a GREAT time. The house was great. The deck is perfect to hang out on. Plenty of beds and plenty of bathrooms. The property is huge. It's great for strolling or playing frisbee. We were even joined by a few deer in the evenings. A lone fox popped in from time to time and a very large family of turkeys serenaded us on a couple of occasions. Mr Raccoon did visit early Sunday morning but he soon vacated the area due to a lack of access to the barrels. Thank goodness for bungee cords! It is a very easy drive to the grocery store ( Wegmans) which has the LARGEST beer selection I've ever seen!!! There is plenty to see and do. We went to Atlas bowl, Watkins Glen Race Track, visited Cornell U for Ice cream, Buttermilk falls and the Ithaca Farmers Market which is very cool. We even went to the Moosewood Restaurant for lunch on Sunday. ( It was excellent!) The rest of the time we ate in. Scott was easy to communicate with and quick to answer any questions. I want to thank Scott and Erin for their hospitality and my family and I wish them all the best in the future. Perfect Ithaca rental home Clean, spacious, well equipped and very cool log cabin feel. The owner was super helpful and accommodating. History of the property and that there are 36+acres of land and trails was a bonus. It was [easy to] get to anywhere in Ithaca, the lake, and Watkins Glen. Can’t forget mentioning the 50amp ev charging circuit that kept us fully charged overnight the whole time.. The 7 of us (ages 21-80) felt completely at home. Thank you Scott, your wife and whole family for having us. Private house Nice house close to downtown with tons of privacy. Plenty of beds with extra linens and towels. AC on first floor kept the lower level cool during the day. Second floor bedrooms were warm without a second unit upstairs. Scott provided several fan to help circulate the air. Scott checked in with us to give us suggestions for dining and to make sure we had what we needed. Easy to get in touch with for questions. We would defiantly stay here again if we need a large house. Unique home, beautiful place Location could not be more perfect -- you feel like you are in a quiet woodland retreat, but also 5 minutes from Wegman's :) Easy access to Ithaca, parks and trails. Even during a historic heatwave it stayed pretty cool up under the trees. Scott, the owner was incredibly responsive and walked us through the property and helpful tips by phone, including helping us deal during a county-wide power outage. That didn't put a damper on our visit, as we grilled our dinner on the deck and enjoyed an evening around the fire pit. We cooked almost all our meals and lacked for nothing. Thank you Scott! Outdoor Seclusion with Easy City Access Our family really enjoyed our week here. Our host was very welcoming and informative about the property and the surroundings. More than enough room for five adults and two kids; we could have had more people easily. Enough outdoor space to do whatever sports or activity you’d like to do, including just watch nature, without seeing another human. Five or ten minute drive to all the stuff to do in Ithaca. Great experience overall. One note to future guests is there are no ground-floor bedrooms, if you have an issue with stairs. It was a known issue when we booked, and didn’t trouble us during our stay, but as our parents get older it’s something we’ll have to factor in to future rentals. This is a really unique property that I would enthusiastically recommend, if you like privacy and proximity to Ithaca. Clean spacious house with everything you will need for a vacation This vacation stay was excellent. The house is very well equipped with everything you need including Tylenol, Clinical Thermometer, spare batteries if every kind and pretty much anything you need for s a short vacation stay. Scott is prompt in his communication and responses. Overall, I can’t think of anything that went lacking during this stay!!!! Perfect location, spacious house Super convenient location, and Scott was a very attentive host! Awesome outdoor space, including a bonfire pit and a garden. Would've loved to stay for longer, and will definitely return next time we're in Ithaca! Just what we expected A perfect vacation spent at a home away from home. Scott is an amazing host and so generous in keeping inventory of all sorts starting from pantry to board games to books. The interior is well designed and well maintained, the location gives an amazing sense of privacy and seclusion. We simply loved the stay. Stay at Eco House in the woods The property was very well kept, clean, and equipped. The rooms were spacious, well-lit and very comfortable - plenty of space for a big group like ours. The kitchen was large, had 2 sinks, an espresso machine, and an additional free-standing freezer. 3 1/2 baths to accommodate everyone. Huge backyard, nice back porch with gas barbecue. Very quiet location but close to Ithaca and all its amenities. All in all, wonderful premises and a nice, very helpful owner - Scott - who was always available for questions and tips. One of the best vacation homes we've experienced. Beautiful house with Easy accessible Location was the key.. we loved the fact that we didn't have to drive more than 10 minutes to any of the main attractions. The house was so cute and beautiful... Very well maintained and most importantly (for us) kid friendly. The host was super friendly and they made sure we had everything we needed. The check-in and check-out process was straightforward and easy. There was a beautiful deck and backyard were the kids had lots of fun. They also have a small orchard with some trees for you to explore. For EVs they have a charging port as well which came in handy for us. Overall a very nice house in an awesome location. Awesome stay Great place with a beautiful view and very relaxing. We enjoyed our stay and everything was well stocked with essentials. Very thoughtful host and kids friendly wit. toys and high chair. Rooms/beds were very clean and comfortable. Highly recommend this place! ...And some snippets from the ~96 AirBNB reviews during our first few years •Great location super convenient to visit the nearby parks. Beautiful garden •The surrounding property had so much to offer and explore. Scott was very kind and responded promptly. Thank you sharing this home. •It is really private, yet just minutes to Ithaca and multiple State parks as well as wineries and breweries •The house is absolutely beautiful--it is far enough away from other people that it feels very private but it also isn't too far from Ithaca. •(it absorbed our two families pretty easily and never felt crowded). Scott, the host is very responsive, communications were a cinch. •The Eco House is private and secluded, yet located within a mile or two of downtown Ithaca and 3 of the most spectacular gorges in the Finger Lakes region •..and plenty to do right near there like, Ithaca Brewery and Buttermilk state park •My family stayed after dropping off my cousin for Cornell’s move-in weekend and had a great time. Scott even set up the pack n play for my 4-month old and left out some toys for the older kiddies. Hiking trail on site was lovely. •EV charger a super plus! The host was wonderfully communicative and quick to respond. Next time through the finger lakes we will definitely stay here! •The house is open and spacious with a great yard for the kids to run around. And, on top of that, it's also convenient to downtown. We had a great reunion of college friends with our kiddos ages 6-14. •We had another reservation that day, and the host ended up cancelling. We were stuck in Ithaca with nowhere to stay, and Scott quickly accommodated us so we had a safe place to stay. • Additionally, it was a short trip from downtown Ithaca and close to many vineyards as well as hiking trails. Scott was incredibly responsive and accommodating •Great spot in Ithaca for a large group. House feels very much "out in the country" but still very close to town and the universities. •Great location - not too far from downtown (5min drive) and yet so secluded with woods all around. Having a morning cup of coffee on the porch was serene! •Not to mention the nature sounds of rustling leaves in the wind, and birds chirping in the morning to make it feel like a nature getaway. We had two toddlers with us, and the baby furniture made the stay extra easy. •He is a great host and offered tips for local dining and attractions •The house is beautiful, the land is stunning. The location is so private but so close to everything. Just wonderful! •This house was perfect for six long-distance friends to reunite for a wedding in town. •The place itself is spectacular. There is a large lawn for kids to run around and scream their heads off without disturbing any neighbors. This is a huge treat for city kids and their parents :-) In closing, one of our first reviews, from newlywed Angela, that made all the effort seem worthwhile: I rented this home as a place to get ready for my wedding weekend in Ithaca. This beautiful, spacious home was a great space to have hair and makeup done before the ceremony. It is very close to many Ithaca attractions including parks, the Commons, and the Farmers' Market, but also quietly tucked away from the hustle of busy streets and campuses. It is perfect for a family or small group. I wish I had time to fully explore the property, but my now husband and I were able to use the backyard as a backdrop to our "first look" which was very memorable! Environmental Assessment Re: 144 Coy Glen short term rental The link to the DEC environmental assessment is broken. I'm not sure if an assessment is actually required for this ZBA waiver. In short though, allowing short term rentals helps us to preserve our Conservation zoned property, both via the funding, and the ability for the owner, family, and friends to perform the following actions --Invasive weed removal (Autumn Olive, Oriental Bittersweet, others) --Invasive tree removal (Tree of Heaven) --Periodic planting of trees --Deer management via friends that hunt our 36 acres --Deer management via Cornell's adjacent 80 acres (only accessible via our property and special permission) --Deer management via off-season special campaigns (Cornell / Town / State) Many of these things would not be possible, practical, or permissible with a long term tenant. CLAUDIA BRENNER, architect 133 GLENSIDE RD ITHACA, NY 14850 May 24, 2024 Town of Ithaca BZA 215 N Tioga St Ithaca NY 14850 Re: ZBAA-24-8 Appeal of Scott D’Vileskis; 144 Coy Glen Rd. To the members of the BZA: I am writing in STRONG SUPPORT for relief to be granted from Town code section 270- 219.7D which requires owners to reside at least 185 days/year, to permit my neighbors at 144 Coy Glen Rd. to operate an un-hosted short-term rental. I understand the intent of the short-term rental ordinance is to discourage owners from removing viable residences from the rental housing stock, and to avoid disruptive comings and goings, etc. from residential neighborhoods. This is not applicable to 144 Coy Glen. Sometimes an exemption from an ordinance is appropriate---this is one of those special cases. 1. The owners want to maintain a part time residence at 144 Coy Glen and continue to work on improving the conservation area they purchased from their family. With or without the short-term rental, they will not be leasing the house long term. 2. Work on the conservation zone has included aggressive removal of invasive species as well as proper forest management and property/ building upkeep. Scott has been generous in his time assisting in education and removal of invasive species of neighbors (including on our property) 3. The long driveway had made me completely unaware of the short-term rental comings and goings. We have had zero disturbances in all the years the house has been rented. 4. While only here part time, Scott’s contributions to the neighborhood far exceed any negatives. He and his wife contribute as much as any full-time residents if not more. 5. Many guests and neighbors appreciate the conservation zone property for its peacefulness and natural beauty. Glenside neighbors like the option of renting 144 Coy Glen for gatherings of family and friends.. I very much hope the BZA allows Scott to be granted an operating permit for 144 Coy Glen. Sincerely, Claudia Brenner, Architect 1 Lori Kofoid From:Marty Moseley <MMoseley@townithacany.gov> Sent:Tuesday, May 28, 2024 8:44 AM To:Lori Kofoid Subject:FW: 144 Coy Glen Road ZBA appeal Lori, Please pass this along to the ZBA members for tonight's meeng and add this to the packet for 144 Coy Glen. Thanks, Marty -----Original Message----- From: Jack Young <jack@youngbros.com> Sent: Monday, May 27, 2024 4:30 PM To: Marty Moseley <MMoseley@townithacany.gov> Subject: 144 Coy Glen Road ZBA appeal **WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or aachments. Any quesons please contact the IT department Hi Marty, I’d like to pass a couple quick comments along to the ZBA related to this appeal since I won’t be available to aend the hearing myself. I was the chair of the ZBA in Cayuga Heights for 15 years, and am currently the ZBA chair for the Town of Lansing. So I understand that your ZBA has some discreon in this case as regards the standards to be applied. As long as their judgment is reasonable and well supported, it will probably be upheld on appeal. That being said said, I really don’t feel that it’s appropriate for this appeal to be styled as a request for an area variance. It’s prey obvious that the relief being requested involves the use of the property, and isn’t truly suitable for review under the area variance standards. Dressing up a use variance request to look like an area variance appeal to improve the odds of success shouldn’t work with a sophiscated ZBA like yours. If you allow this it will damage the board’s credibility and encourage anyone who wants to get a use variance to do the same thing. And that’s not how the system should work. I’m trying not to express an opinion on the merits of this case, but feel very strongly that if the Town wants to change the rules for a parcular use of a class of properes it should do this openly and not allow that he happen via a dubious back door method such as this. While the ZBA is an important part of the land use system and plays a crical role as a pressure relief valve for the Town’s zoning law, allowing a use variance request to be judged as an area variable will just cause problems down the road. This is a very contenous issue - one we had to deal with at the ZBA in Cayuga Heights a few years back. Sympathec though we were in some ways, we didn’t feel that we should override our trustees by applying a lighter standard to a request to change the use of a property in such a signiﬁcant manner. And that’s how I believe your ZBA should handle the issue before you. Judge this appeal as a use variance request, and if the applicant isn’t happy with the outcome, refer them back to the Town Board. Don’t risk an expensive appeal process or open the door for future use variance requests to be styled as area variances. There’s a reason use variance appeals 2 are held to a higher standard. How a property is actually used is a lot more signiﬁcant than whether a side yard setback is 6 feet or 10, and impacts more people than just the immediate neighbors. That’s why the review standards are so diﬀerent! John Young Owner of property on Coy Glen Road Sent from my iPhone 1 Lori Kofoid From:Ashley Colbert <AColbert@townithacany.gov> Sent:Tuesday, May 28, 2024 8:53 AM To:Lori Kofoid Subject:Fw: Zoning board meeting 5/28 From: Mario Korf <mario.korf@gmail.com> Sent: Monday, May 27, 2024 6:08 PM To: Town Of Ithaca Clerks Department <clerks@townithacany.gov> Subject: Zoning board meeting 5/28 **WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or attachments. Any questions please contact the IT department I'm writing in reference to the public hearing on Tuesday 5/28, agenda item ZBAA-24-8. I feel that Scott and Erin D'Vileskis, who own a home at 144 Coy Glen Rd, should have relief from codes 270-219.7B and 270-219.7D. My reasoning is as follows:  The D'Vileskis property is a Conservation Zone and attracts visitors to the natural area. In this manner, it's almost like lakefront property, which I'm sure has relief from these codes. Cornell Botanical Gardens owns and maintains the scenic gorge path along Coy Glen, and the only access to this natural area is through the D'Vileskis property. It seems like people should be allowed to rent this house for short terms, and experience this natural area year round.  This is also an area with a very dense deer population, and D'Vileskis have allowed Cornell and Town of Ithaca to operate deer depredation programs on this site. I was the community lead for both these programs for several years, and again it seems like hunters should be allowed to rent this house or hunt the property as often as possible. Reducing the deer population is important for the health of the ecosystem, and relief from these codes would support the existing deer depredation programs from Cornell and the Town of Ithaca.  If the D'Vileskis were to rent their home as a long term rental, it's highly unlikely the renters would allow hikes and hunters access to this land. It really only makes sense to have this house and its land available as a short term rental.  This is also the home that Erin D'Vileskis grew up in. It's not like the D'Vileskis are a couple of out- of-towners who are buying up real estate in Ithaca for the specific purpose of a short term rental property. This is her childhood home, and it feels like it should be exempt from them having to live here for a certain number of days. Thanks, Mario Korf 137 Hopkins Rd Ithaca Ny 14850 1 Lori Kofoid From:Marty Moseley <MMoseley@townithacany.gov> Sent:Tuesday, May 28, 2024 8:42 AM To:Lori Kofoid Subject:FW: 144 Coy Glen Road Lori, We need to add this to the packet. It was already sent to all of the ZBA members by Mia. Thanks, Marty From: Mia Slotnick <mjslotnick123@gmail.com> Sent: Tuesday, May 28, 2024 7:40 AM To: Rod Howe <RHowe@townithacany.gov>; SFriedman@town.ithaca.ny.us; CJung@town.ithaca.ny.us; DSquires@town.ithaca.ny.us; Connor Terry <cterry@town.ithaca.ny.us>; MMinnig@town.ithaca.ny.us; KRitter@town.ithaca.ny.us; Marty Moseley <MMoseley@townithacany.gov>; Paulette Rosa <PRosa@townithacany.gov> Subject: 144 Coy Glen Road **WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or attachments. Any questions please contact the IT department Dear Supervisor Howe and members of the Zoning Board of Appeals, Mr. Scott D'Vileskis, the owner of 144 Coy Glen Road has submitted an Area Variance Application to the Zoning Board of Appeals to operate the dwelling as a Short Term Rental. Mr. D'Vileskis is not a Town of Ithaca resident and resides in Gaithersburg, Maryland. He is requesting exemption from the principal residency requirements described in Section 270-219.7D(1) of the Town of Ithaca Code. His property is in a Conservation Zone. Applying for an Area Variance in this situation seems inappropriate. Mr. D'Vileskis is requesting to use his property in a way existing zoning requirements do not allow. Short Term Rentals are not allowed in Conservation Zones if the dwelling is not the primary residence. It seems that rather than an Area Variance, he should instead be applying for a Use Variance. In his appeal, Mr. D'Vileskis says that his property should be treated like a Lakefront Residential Zoned property and that he should therefore be exempt from the primary residency requirement. His property is in the Conservation Zone and is clearly not a seasonal rental like the Lakefront properties. Granting his request would open the door to allow anyone to claim that their property is a seasonal rental and should be treated like a Lakefront property. The requirement that the dwelling be the primary residence was put in place to ensure that the owner was not using the dwelling primarily as a business. Mr. D'Vileskis states that "We are fortunate enough to NOT need to rent it out at all, but it felt like such a shame to keep our treasured 36-acre woodland 2 property (zoned conservation) all to ourselves." His next line says "from the hundreds of reviews..." so obviously the property is a thriving Short Term Rental business and they have made substantial income from renting it as one. The Town Code clearly states that a Short Term Rental must be the host's primary residence. One of the main intents of the Short Term Rental law was to assist homeowners to stay in their homes by allowing some short-term rental use of their homes to generate income to defray their cost of homeownership. However, this property seems to be used almost solely as a profitable Short Term Rental business, which is something the Short Term Rental laws were put in place to avoid. Please do not grant this variance. This Area Variance request is also inappropriate as Mr. D'Vileskis is requesting a change of use for the property so he should be applying for a Use Variance. Sincerely, The following Town of Ithaca residents: Mia Slotnick Kenneth Simpson Mike MacAnanny Luisa MacAnanny Larry Blume Maralyn Edid Barbara Koslowski Mildred Elizabeth Sanders