HomeMy WebLinkAboutZBAA-24-8 Packet 144 Coy GlenTown of Ithaca September 3, 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
9 512 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
9/10/24
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
the Town of Ithaca Code sec on 270-219B requires the owners of the property to reside in thedwelling 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
The current property is located in the Conserva on Zone, Tax Parcel No. 31.-1-3.12.
Variance Code Section
270-219.7B and 270-219D
Internal Tasks to be Completed
Meeting Result (First Appearance)
Adjourned
Meeting Result (Second Appearance)
–
Is Applicant Ready to Re-Appear?
Yes
Additional Meeting is
Additional Meeting with Public Hearing
Deadline for Hearing Notice to Journal
9/12/24 Noon
Public Hearing Notice Was Sent
08/30/2024
Neighbor Notification Letters Were Sent
08/30/2024
Date Sign Was Picked-up
–
Material Packets Sent to ZBA Members
–
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*
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)
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.
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
09/10/2024
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
Published Hearing Notice ZBA 5.28.24 Meeting.pdf
Uploaded by Lori Kofoid on May 21, 2024 at 9:40 AM
ZBA Minutes 2024-05-28.pdf
Uploaded by Town Clerks on Jun 21, 2024 at 10:18 AM
Published Hearing Notice ZBA 5.28.24 Meeting.pdf
ZBA Minutes 2024-05-28.pdf
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
1
Lori Kofoid
From:Marty Moseley <MMoseley@townithacany.gov>
Sent:Wednesday, September 25, 2024 7:54 AM
To:Lori Kofoid
Subject:FW: Please consider rehearing ZBAA-24-8 re: STR occupancy requirement
Follow Up Flag:Follow up
Flag Status:Flagged
Lori,
Please place this on the ZBA agenda for October 22, 2024.
Thanks,
Marty
From: Town Of Ithaca Clerks Department <clerks@townithacany.gov>
Sent: Tuesday, September 24, 2024 8:07 PM
To: Marty Moseley <MMoseley@townithacany.gov>
Subject: FW: Please consider rehearing ZBAA-24-8 re: STR occupancy requirement
From: Scott D'Vileskis <sdvileskis@gmail.com>
Sent: Tuesday, September 24, 2024 7:16 PM
To: Paulette Rosa <PRosa@townithacany.gov>; Town Of Ithaca Clerks Department <clerks@townithacany.gov>
Subject: Please consider rehearing ZBAA-24-8 re: STR occupancy requirement
**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
Paulette,
Please forward to the zoning board of appeals members if you are able to do so.
Dear Zoning Board of Appeals Members,
I write this letter to urge the board to consider reviewing and re-hearing our case.
ZBA Members did not seem to read our actual appeal letter supplied Mid-August (144-coy-glen-
rd-adjournment-addendum.pdf) and continued to cite the original submission with the wrong
scope/audience. The reason we adjourned the first meeting was so that we could reframe our
case as it pertains to the unique needs of the property and how it runs with the land, not just as a
reflection of us as STR hosts.
I did not get to finish making my statement and fully address the financial burden of this property
and benefits of allowing the variance as it pertains to the 5 area variance factors. In our case, we
feel strongly that the environmental effects of allowing the variance actually benefit the
community, and the board is permitted to consider benefits in addition to possible detriments.
2
ZBA Members did not visit the property; One did report that they drove by the street; Marty did
visit the site and had photos/videos to showcase the property's uniqueness and isolation, but the
board was not interested in seeing them. The primary premise of this variance is that our unique
38 acre property is significantly isolated from the rest of the community/neighborhood
A neighbor with a property not-posted for trespassing reported an instance of a lost hiker that
admittedly may not have even been related to a short term rental (and likely wasn't), yet this was
treated as a factual complaint - lost hikers come out of the woods from neighboring
properties regularly; this is not a reflection or effect of allowing STR during a few summer months,
and it's likely that this could continue regardless of how the property is used.
Conservation/Ag-zoned properties were initially exempted from parts of the STR law for a reason
(large, isolated properties with unique uses); It's not clear from reviewing the STR discussions and
public comments how/when this changed, only that it happened very late in the process without
any notification or public comment from those of us actually in Conservation/Ag zones. Most of
the public comment and correspondence seemed to be an echo chamber of feedback between
Renwick Heights and the Lakefront community. Ironically, Lakefront properties are as unique as
Conservation/Ag zones. The owner occupancy requirement for lakefront properties was waived to
preserve access to the lake by the public (short term renters) and because lakefront properties
"have extra upkeep and expenses" among other financial reasons. Likewise, this is very similar to
the arguments I was not afforded the time to make, with folks visiting our forest property
BECAUSE of the natural features and additional upkeep of the property is an extra financial
burden of this type of property, aligning with the nature and usage of lakefront properties.
We feel strongly that process mistakes were made by the zoning board in hearing our case. I strongly
urge you review the appeal docs from ZBA-2024-8 and consider a motion to rehear the case.
Respectfully,
Scott D'Vileskis
1
Lori Kofoid
From:Marty Moseley <MMoseley@townithacany.gov>
Sent:Wednesday, September 25, 2024 7:54 AM
To:Lori Kofoid
Subject:FW: Please consider rehearing ZBAA-24-8 re: STR occupancy requirement
Follow Up Flag:Follow up
Flag Status:Flagged
Lori,
Please place this on the ZBA agenda for October 22, 2024.
Thanks,
Marty
From: Town Of Ithaca Clerks Department <clerks@townithacany.gov>
Sent: Tuesday, September 24, 2024 8:07 PM
To: Marty Moseley <MMoseley@townithacany.gov>
Subject: FW: Please consider rehearing ZBAA-24-8 re: STR occupancy requirement
From: Scott D'Vileskis <sdvileskis@gmail.com>
Sent: Tuesday, September 24, 2024 7:16 PM
To: Paulette Rosa <PRosa@townithacany.gov>; Town Of Ithaca Clerks Department <clerks@townithacany.gov>
Subject: Please consider rehearing ZBAA-24-8 re: STR occupancy requirement
**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
Paulette,
Please forward to the zoning board of appeals members if you are able to do so.
Dear Zoning Board of Appeals Members,
I write this letter to urge the board to consider reviewing and re-hearing our case.
ZBA Members did not seem to read our actual appeal letter supplied Mid-August (144-coy-glen-
rd-adjournment-addendum.pdf) and continued to cite the original submission with the wrong
scope/audience. The reason we adjourned the first meeting was so that we could reframe our
case as it pertains to the unique needs of the property and how it runs with the land, not just as a
reflection of us as STR hosts.
I did not get to finish making my statement and fully address the financial burden of this property
and benefits of allowing the variance as it pertains to the 5 area variance factors. In our case, we
feel strongly that the environmental effects of allowing the variance actually benefit the
community, and the board is permitted to consider benefits in addition to possible detriments.
2
ZBA Members did not visit the property; One did report that they drove by the street; Marty did
visit the site and had photos/videos to showcase the property's uniqueness and isolation, but the
board was not interested in seeing them. The primary premise of this variance is that our unique
38 acre property is significantly isolated from the rest of the community/neighborhood
A neighbor with a property not-posted for trespassing reported an instance of a lost hiker that
admittedly may not have even been related to a short term rental (and likely wasn't), yet this was
treated as a factual complaint - lost hikers come out of the woods from neighboring
properties regularly; this is not a reflection or effect of allowing STR during a few summer months,
and it's likely that this could continue regardless of how the property is used.
Conservation/Ag-zoned properties were initially exempted from parts of the STR law for a reason
(large, isolated properties with unique uses); It's not clear from reviewing the STR discussions and
public comments how/when this changed, only that it happened very late in the process without
any notification or public comment from those of us actually in Conservation/Ag zones. Most of
the public comment and correspondence seemed to be an echo chamber of feedback between
Renwick Heights and the Lakefront community. Ironically, Lakefront properties are as unique as
Conservation/Ag zones. The owner occupancy requirement for lakefront properties was waived to
preserve access to the lake by the public (short term renters) and because lakefront properties
"have extra upkeep and expenses" among other financial reasons. Likewise, this is very similar to
the arguments I was not afforded the time to make, with folks visiting our forest property
BECAUSE of the natural features and additional upkeep of the property is an extra financial
burden of this type of property, aligning with the nature and usage of lakefront properties.
We feel strongly that process mistakes were made by the zoning board in hearing our case. I strongly
urge you review the appeal docs from ZBA-2024-8 and consider a motion to rehear the case.
Respectfully,
Scott D'Vileskis
15-August-2024
Town of Ithaca - Zoning Board of Appeals
Re: ZBA-24-8 - 2nd meeting Addendum – 144 Coy Glen Rd
Introduction / Benefits Sought:
We first want to thank the zoning board of appeals and any others that take the time to review this
addendum for our ZBA variance and provide thoughtful replies. We are seeking relief from one clause
of 270-219.7D(1) – the Short Term Rental occupancy requirement that restricts our ability to obtain a
short term rental operating permit; and as outlined below, we believe this variance will have no adverse
impact on the neighborhood.
The 2021 short term rental zoning law that was passed significantly impacts, a) the enjoyment we
experience by sharing our unique, 38-acre forest property with families, alumni, and visitors from
around the world; b) our ability to comfortably maintain this conservation-zoned property for the
benefit of ourselves, our guests, and our neighbors; c) our ability to continue using the property off-
season eight months of the year; and d) threatens our long term plans for returning to the Ithaca area in
the not-so-distant future.
Based on our initial meeting with the zoning board of appeals, we now understand that the details of
our relationships with our neighbors, and how we, specifically, operated our property as a seasonal
short term rental are not relevant to a decision on an area variance. This addendum will attempt to focus
on why allowing this variance for us or any future owner is not a significant risk to the character of the
surrounding neighborhood nor does it open the flood gates to a slew of additional variance applications
due to the unique nature of this secluded, 38-acre property.
Background:
144 Coy Glen Rd is a single family home located on a 36 acre conservation-zoned forest property. It is
on the edge of a larger ~120 acre forest and borders 80 acres of Cornell Botanical Gardens’ property.
Back in the 1960s-70s, the property was home to a gravel mine. The way the land was mined and
graded decades ago includes many large gravel berms that isolate it from neighbors and other
properties, creating an significant buffer from noise and appearance. These features also mean the
house is not visible from Coy Glen Road because you have to drive up a 500ft gravel driveway and and
make a concealed turn towards the house. Our nearest neighbor on Hackberry Lane is roughly 600 ft
away, over a gravel berm, and down a trail through a dense section of forest. At the house, the primary
driveway can easily accommodate several cars, none visible from the road. Walking a little further up
the property reveals several clearings, a barn-like out-building, and a network of 5 ponds, a relic from
the gravel mining operation. From there, there are several trails through a mature forest, additional
clearings, and a diverse array of flora and fauna to discover.
We are both from upstate NY, both grew up in the area, went to Universities in NY state. When our
parents (Gil and Ardyth) retired from Cornell in 2015 and returned to their farm in Iowa, we purchased
it from them for a handful of reasons, including our sentimental connection to the house, and our love
of the 38-acre property’s history, natural features, forest, and diverse wildlife. We also bought this
house as part of our longer term plan for an eventual return to the area.
We initially intended to long-term-rent this property as a passive investment. We found out fairly
quickly that it was very difficult to find a suitable long term tenant, due to the seasonal challenges of
accessing and inhabiting the property. In addition to high winter heating costs, winter access to the
property is especially challenging for tenants as the 1/10 mile long, uphill, gravel driveway is not
passable without a suitable vehicle and needing specialized plowing equipment (tractor).
Additionally, Gil and Ardy had partnerships with Cornell Botanical Gardens and a few local colleagues
that were permitted deer hunting access. Due to the importance of maintaining a healthy deer
population, we are proud to have been able to maintain these relationships for the betterment of the
property and community. At the advice of our local hunting manager, we even allowed the Town’s deer
management program to operate on this property for several years; this program has had a difficult time
finding good hosting locations due to the ‘not in my backyard’ concern about hunters (most of which
use bow-and-arrow). Several perspective long term tenants were turned away by the idea having
hunters on the property during winter months.
We initially resorted to short term renting as a stop-gap measure, but it ended up offering a perfect
balance for us to visit our family and friends in the area as well as enjoy and maintain the property,
with the income generated offsetting some of the costs of ownership. We typically rented out the
property about 20 weekends of the year from late May, through mid-September. It is important to
note that during the 6-7 year period that we were allowed to do short term rentals, it was never a
profitable enterprise.
During this period of hosting, we also really began to enjoy the time and work that we put into the
property and the joy of sharing this unique property with others. Our guests’ feedback has provided
additional motivation to better maintain the grounds, forest, and hiking trails of this 38 acre property.
Most importantly, doing STR enabled the preferential maintenance of the forest, meadows, trails, and
ponds, since we had extra income to spend on property upkeep. What we learned from our guests’
feedback (many of their reviews/comments were posted in our initial ZBA submission), was that they
appreciated the experience of staying together in a large home and expressed a true appreciation for the
unique property that we have, including many references to nature, hiking, wildlife, ecological
diversity, and most frequently mentioned, isolation/separation from the rest of the world.
Annual expenses / Income summarized:
During the initial meeting, and in some of the emails not in favor of this variance, some armchair math
estimations and assumptions were made that our short term rentals at this property was a “highly
profitible” enterprise. While there are tools available that can estimate the potential profitibility of short
term rentals, none of the folks making those estimations had a enough information about the actual
expenses of owning and maintaining our property to make accurate estimates of profitibility.
Additionally, assumptions were made about the scalability of short term rentals for our property even
though it has historically followed seasonal rental trends which do not scale out of season in the
manner that was described. This artificially inflated the profit potential during the discussion. To
address these concerns, we have provided a summary of the last 6 years of operating expenses.
The Appendix summarizes some of our actual annual costs of ownership over the last 6 years and
includes a table of additional expenses specifically related to doing STR. In short, between taxes,
insurance, minimal utilities for freeze-protection, a handful of DIY repairs, and mortgage interest, the
low-end annual costs to own this property, is roughly $25,000/year. Additionally, budgeting for major
maintenance/replacements that extend the life of the property, including roof replacement, house/deck
staining, driveway maintenance, HVAC replacement, appliances, etc., these expenses easily exceed an
additional $5,000/year. These estimates do not include costs of a new mortgage for a purchase at
market rates ($575,000), which would be $35K-45K/yr depending on down payment, interest, etc.
In the case of a Long Term Tenant, without regular property access, we would need to outsource basic
property maintenance, including brush-hogging, invasive weed abatement, clearing downed trees, etc.
Our past experince reveals this would be $2,000-5000/year, with any larger operations requiring heavy
equipment costing over $1000/day. If utilities were included our costs would be roughly $1000/year
higher for total expenses of $36,000. A tenant paying $3000/month would just break even on minimum
annual expenses, and that tenant would still be responsible for winter driveway clearing, mowing, trash,
etc. Additionally, our current approach of DIY repairs on our timeline would not work well for a long
term tenant, and there’s always a risk of emergency repairs being needed.
In our 6-7 years of running a short term rental, we’ve spent on average an additional $11K per year on
STR-related expenses (cleaning, supplies, hotel taxes, travel, outdoor labor), not including the value of
the ~300 hours/yr we spend working in the house, working outside, interacting with guests, etc. Our
total expenses while operating a STR jump to over $41,000 a year, not counting mortgage principle. We
had been renting our property roughly 20 weekends a year and had typically grossed between $25,000
and $30,000/year, so we were still only recouping 60-75% of our total annual costs per year. STR
income had offset some of our expenses, but it is far from a profitable enterprise. In the last 2 years,
without being to allowed to offer Short Term Rentals, and having no prospects for 30-day rentals, our
property ownership costs have been over $35,000/year to own and maintain this property (excluding
our mortgage principle). For continued long term ownership, this is not sustainable.
A short-term-rental investor would have to spend a significant amout of additional money (beyond the
$11K/yr we spend) on a property manager to make up for the hundreds of hours of labor we spend to
support short term rentals and maintain the same level of reservations. A part-time property manager
for 300 hours/year @ $50/hour would easily cost the ‘investor’ an additional $15,000. Even if a STR
Investor could secure an extra 33% more reservations ($40,000) it’s still far from a profitable business
case for a STR investor. Factoring in the costs associated with a new mortgage to purchase the
property, this property would never be attractive to a STR investor.
Our Current STR Usage Long Term Rental STR “Investor”
Annual Expenses (25000)(25000)(25000)
Major Maint. Exp (5000)(5000)(5000)
Addtl Rental Expenses (11000)(6000)(26000)
Income $30000 ~20 reservations $36000 $3000/mo $40000 ~33% more
Profit ($11000) loss ($0) break even ($16000) loss
This property has never been a profitable STR, and will never be attractive to a STR Investor.
Seasonal Nature of 144 Coy Glen Rd:
Our rental ‘season’ has hisorically been Late May through mid-September, with off-season request few
and far between. We have experimented with our calender settings during the first 6-7 years of rentals,
expanding our availability and attempting to secure additional reservations outside of the summer
months. We have determined that we’d have to drop prices too much to make it worthwhile, and allow
risky, single night stays.
Likewise, in addition to non-existent demand to rent this property in winter, costs to have the driveway
professionally plowed started at $150/each plow. A significant enough snow storm over several days
would require multiple plows, potentially leading to losses on an already reduced reservation.
In short, We have determined that the rental market for our single family home is very much seasonal,
with almost no demand outside of summer, very akin to the that of lakefront properties in the region.
Mid-Term Rentals Considered:
During the first 6-7 years of rentals, and in the last 2 years, we have also been open to reservations for
stays longer than 30 days, including monthly discounts to make rentals more appealing. While we had
several inquirys over the last 8 years, we’ve never had anyone seriously interested in renting mid-term.
Review of the 5 factors in determining an Area Variance:
a. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of the area variance.
Passing this occupancy variance and enabling unhosted short term rentals for 144 Coy Glen Rd will not
produce any undesirable change in character of the neighborhood. As established, this property has a
500+ ft long driveway, is not visible from the road, and has no parking concerns. Additionally, gravel
berms from the former mining operation offer an additional buffer against noise and visibility.
It’s important to note that unhosted short term rentals had been occuring at this property for 6 years
prior to the new STR regulations without detriment to nearby properties.
As an aside to the character of the neighborhood topic, following a sale or rental, there’s no guarantee
that a full-time family buyer or long term renter would have any interest in neighborhood community
participation. Just like guests staying at this property, someone interested in living there full time may
do so FOR the isolation and privacy it affords, with no intention of interacting with neighbors.
It is critical for STR hosts to maintain good relationships with neighbors. Neighbors are often the first
available to help with issues, greet guests, and can serve as that first point of contact in case of
emergencies. Our STR operation has strengthened our relationship with our neighbors, and the
exchange is mutual. STR allows us the privilege to be a part of the community because we are able to
visit regularly.
A minor point is that there are some community benefits by allowing STR at this location. It provides
additional income to community members such as cleaners, landscapers, and other people supporting
the operation. Additionally, it provides a place for neighbors to host their visiting families and friends.
b. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance.
The primary benefit sought is that we can use the property as a vacation home most of the year, and
seasonally derive additional income to support the extensive property maintenance. A long term rental
is not compatible with this sought benefit because we need to stay at the property throughout the year
for maintenance, family gatherings, and community events.
Additionally, the homeowner derives pleasure from hosting and allowing others to appreciate and enjoy
the natural features of this property, something not compatible with long term rentals.
c. Whether the requested area variance is substantial.
This area variance is not substantial. STR is permitted in this zone. If we legally resided here 185 days
instead of the 8 months off-season that we visit there, we could rent exactly the same seasonal-rentals
that had been occuring for 6 years prior to the new STR regulations. Other ‘seasonal’ properties
(lakefront) with similar usage/rental markets (~20 weeks of summer) are allowed significantly more
rental days without this occupancy requirement.
d. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
This variance will have no adverse affects on physical environment as occasional vacation use and ~20
reservations have less of an impact on the environment than a full time owner/tenant family would.
However, positive impact on environment can be considered for area variances.
STR income helps facilitate better maintenance of the forest including invasive weeds and tree
abatement. Additionally, hiking trails are better maintained for the benefit of the guests, and some
neighbors have sought permission hike/walk the property for their leisure.
As a seasonal STR, A large property like this is mostly vacant during winter, which facilitates better
deer management via parterships with the Town of Ithaca and Cornell Botanical Gardens, reducing auto
accidents and reducing tick-borne illnesses for the neighborhood.
e. Whether the alleged difficulty was self-created
This property had been used for short term rentals for 6 years prior to the enactment of the Short Term
Rental regulations. No actions were taken by the owners to indicate this was a self-created difficulty
Conclusion:
A significant hesitation among the ZBA members was that this area variance runs with the land and
therefore would enable a future short-term-rental investment buyer to come in and disrupt the
neighborhood with income-maximizing rentals. However, the seasonal demand of this property and
with cost of ownership versus potential income, coupled with the additional restrictions outlined in the
short term rental law, namely the limitation of number of days make this property undesirable for STR
investment. If sold, the most likely buyer of this single-family home, would be a single family, one that
would not need to leverage this zoning variance.
That said, this property is currently an attractive short term rental because of the amount of time,
energy, and money we invest as hosts, both inside and outside the property. Any potential home buyer
attempting to leverage this variance would have to be as personally invested in the property as we are
for the property to continue to be attractive to guests as a rental. In the unlikely event that a future
buyer was in similar circumstances to leverage this slight variance, we have demonstrated that the
impact to the neighborhood is negligible per the five criteria for considering a zoning variance.
Finally, while there is a concern from some that this area variance will open the flood gates to similar
variance applications, the nature of this property, namely that as a a large, secluded, 38-acre
conservation-zoned property with unique features could not easily be used to set precident for other
properties seeking similar relief. We believe this variance is as unique as our property.
We have a great deal of pride in the way we care for our property. Please help us to continue enjoying
and sharing this property with others by allowing this zoning variance.
Sincerely,
Scott & Erin D’Vileskis
APPENDIX
Actual Annual Expenses for 144 Coy Glen – Last 6 Years
2019 2020 2021 2022 2023 2024****
Property/
School Taxes
11315 11737 12376 12965 13479 14100
Property
Insurance*
2672 3031 1787 1907 2085 2315
Utilities**3047 2317 1314 1902 2085 2000
Repairs***558 142 1029 291 52
Interest (4%)7887 7604 7313 7041 6791 6500
TOTAL 25479 24831 23819 24106 24492 24915
*Insurance downgraded significantly in 2021 to reduce costs
**Utilities minimized to keep property from freezing while vacant,
***Many repairs were DIY and would have cost significantly more if contracted out
***2024 expenses estimated
Additional Expenses Running a STR (30-40 rental days/year, last 6 years of rentals, no 2023/24)
2017 2018 2019 2020 2021 2022
Cleaning 3740 3506 3593 3598 3199 4299
Supplies 647 184 449 750 557 710
Lawn-care 1000 1000 900 1000 1000 1000
Pond/Forest
Maintenance
3035 500 0 1674 1626 1835
Hotel Taxes 1289 1356 1576 1665 1100 1478
Platform Fees 499 499
Travel 3564 3564 2700 3105 3000 1800
TOTAL 13275 10110 9218 11792 10981 11621
Major Repair Expenditures (Estimated)
Typical Cost/Interval Annualized Cost
Roof replacements (house, shed)$30000 / 30 years $1000
Driveway maintenance (500-800 ft)$10000 / 10 years $1000
Exterior House/Deck Staining $5000 / 7 years $714
Interior Painting $5000 / 10 years $500
HVAC Replacement $20000 / 20 years $1000
Appliances $4000 / 10 years $400
Window Replacement $15000 / 30 years $500
TOTAL ANNUALIZED $5114/yr
*Does not include house depreciation, tractor/mowers/equipment, furniture
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!
Page 1 of 3
Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1 – Project and Sponsor Information
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
NO YES
2.Does the proposed action require a permit, approval or funding from any other government Agency?
If Yes, list agency(s) name and permit or approval:NO YES
3.a. Total acreage of the site of the proposed action? __________ acres
b. Total acreage to be physically disturbed? __________ acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? __________ acres
4.Check all land uses that occur on, are adjoining or near the proposed action:
5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban)
Aquatic Other(Specify):□ Forest Agriculture
□ Parkland
Page 2 of 3
5.Is the proposed action,
a.A permitted use under the zoning regulations?
b.Consistent with the adopted comprehensive plan?
NO YES N/A
6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES
7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify: ________________________________________________________________________________
NO YES
8.a. Will the proposed action result in a substantial increase in traffic above present levels?
b.Are public transportation services available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed
action?
NO YES
9.Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
10.Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water: _________________________________________
_____________________________________________________________________________________________
NO YES
11.Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: ______________________________________
_____________________________________________________________________________________________
NO YES
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
which is listed on the National or State Register of Historic Places, or that has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
NO YES
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
Page 3 of 3
14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
□Shoreline □ Forest Agricultural/grasslands Early mid-successional
Wetland □ Urban Suburban
15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or
Federal government as threatened or endangered?NO YES
16.Is the project site located in the 100-year flood plan?NO YES
17.Will the proposed action create storm water discharge, either from point or non-point sources?
If Yes,
a.Will storm water discharges flow to adjacent properties?
b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
18.Does the proposed action include construction or other activities that would result in the impoundment of water
or other liquids (e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment:______________________________________________
____________________________________________________________________________________________
_
NO YES
19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste
management facility?
If Yes, describe: _______________________________________________________________________________
_____________________________________________________________________________________________
NO YES
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe: _______________________________________________________________________________
_____________________________________________________________________________________________
NO YES
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________
Signature: _____________________________________________________Title:__________________________________
EAF Mapper Summary Report Wednesday, August 14, 2024 9:21 AM
Disclaimer: The EAF Mapper is a screening tool intended to assist
project sponsors and reviewing agencies in preparing an environmental
assessment form (EAF). Not all questions asked in the EAF are
answered by the EAF Mapper. Additional information on any EAF
question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
DEC, you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper. Digital data is not a
substitute for agency determinations.
Part 1 / Question 7 [Critical Environmental
Area]
Yes
Part 1 / Question 7 [Critical Environmental
Area - Identify]
Name:Coy Glen, Reason:Wide variety of botanical species, Agency:Ithaca,
Town of, Date:2-14-79
Part 1 / Question 12a [National or State
Register of Historic Places or State Eligible
Sites]
No
Part 1 / Question 12b [Archeological Sites]Yes
Part 1 / Question 13a [Wetlands or Other
Regulated Waterbodies]
Yes - Digital mapping information on local and federal wetlands and
waterbodies is known to be incomplete. Refer to EAF Workbook.
Part 1 / Question 15 [Threatened or
Endangered Animal]
No
Part 1 / Question 16 [100 Year Flood Plain]Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Part 1 / Question 20 [Remediation Site]No
1Short Environmental Assessment Form - EAF Mapper Summary Report
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 mee ng 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
a achments. Any ques ons 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 a end 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 discre on 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 pre y 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 sophis cated 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 par cular use of a class of proper es 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 cri cal 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 conten ous issue - one we had to deal with at the ZBA in Cayuga Heights a few
years back. Sympathe c 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
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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