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West Babylon homeowners ask zoning board to keep 6-foot corner fence; board reserves decision

5810908 · September 19, 2025
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Summary

Andres Garcia del Alba and Jessica Lopez asked the Town of Babylon Zoning Board of Appeals to allow an existing 6-foot fence on a Hampton Road corner lot to remain. Board members said the fence sits on town property and reserved decision pending clarification of the property line and any required relocation.

Applicant Andres Garcia del Alba told the Town of Babylon Zoning Board of Appeals that he and co-applicant Jessica Lopez want to retain a recently replaced fence at their corner lot on Hampton Road in West Babylon because of safety and longstanding placement. “We put up this fence… the fence that was there was pretty much destroyed due to the construction trucks coming in and out,” Garcia del Alba said, and added that he worried “4 feet is very easy to just jump over and they're in our property essentially.”

The applicant provided aerial photos and neighborhood comparisons showing similar fences close to the street and said the site has had a fence “dating back to, like, the sixties.” He and Lopez also raised public-safety concerns about people leaving beer cans and, they said, drug paraphernalia near the corner bus stop where their children wait.

Board members focused on the fence’s location relative to the property line. Mr. Shepherd (board member) and the chairman said the record and a survey show the fence sits on town property and that, as the board cannot legally approve a structure on town land, the applicants will need to move the fence behind their property line before the board can act. Mr. Chen estimated the fence must be moved “about… 5 feet” to be inside the property line. The chairman told the applicants the board “can't make a motion on this” until the fence is in the correct location.

Because the board concluded the fence encroaches on town property, the hearing was closed and the board reserved decision; the record was left open so the applicants can supply updated information about moving the fence or other corrections. No vote was taken at the meeting.

The record includes planning and environmental-control memos dated Sept. 8 and Sept. 17, 2025, and a survey submitted by Paul Borowski dated July 8, 2025.