West Babylon homeowners told to move fence behind property line or seek revised variance; ZBA reserves decision

Andres (Andreas in record) Garcia del Alba and Jessica Lopez appeared before the Town of Babylon Zoning Board of Appeals seeking to legalize a recently installed fence at their corner lot in West Babylon. The couple said they erected a taller fence to address safety and privacy concerns, citing vehicle loitering, litter and previous damage during house construction.

Andres Garcia del Alba said the fence location matched an earlier fence at that spot and that aerial photos and neighborhood comparisons show similar fences on other corner lots. “We wanted to keep the fence. I do have children that do play in the backyard … 4 feet is very easy to just jump over and they're in our property essentially,” he told the board.

Board members said much of the fence sits on town property. ZBA counsel and members advised the applicants that, unless those neighboring fences had been approved previously by the board, their existence did not justify an encroachment. The board asked the applicants to move the fence behind the property line; one member estimated the fence must be shifted about five feet to be fully on private property. Mr. Shepherd (chairing) said the board could not act to approve the fence while it remained on town land and explained options including moving the fence then returning to the board or providing documentation showing prior approvals for neighboring fences.

No members of the public testified. The hearing was closed and the board reserved decision while leaving the record open to allow the applicants to supply information about moving the fence or other evidence. The applicants were advised that if they do move the fence and provide confirmation, the application could proceed to decision.