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Neighbors raise concerns as ZBA weighs accessory apartment and larger garage after fire in Lindenhurst

3793162 · June 13, 2025
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Summary

An applicant seeking to rebuild a larger garage and add a dormer and accessory apartment in Lindenhurst faced several public questions about driveway coverage, existing lot coverage and whether accessory-unit conditions would be enforced; the board reserved decision and asked for revised survey and lot-coverage plan.

The Town of Babylon Zoning Board of Appeals heard an application from Tracy McGlone to rebuild a garage, add a dormer and continue a pending accessory-apartment plan for a property at 833 North Delaware Avenue in Lindenhurst. The board reserved decision and asked for additional plan details on driveway and lot coverage.

The application arises from a 2022 fire that destroyed a previously permitted garage; McGlone said she intended to rebuild the same garage footprint and add a dormer to create an accessory apartment to house family members. She said the rebuilt garage would store motorcycles and other recreational equipment she currently pays to store offsite.

Board members and planning staff flagged front-yard lot coverage shown on the submitted survey (the survey indicates about 75% front-yard coverage), and the board asked the applicant to provide a revised plan that reduces front-yard coverage toward the board’s typical 50% guidance. The applicant told the board she could “take back a little bit in the front” and said she had previously received on-site visits from town staff who did not flag the current layout.

Neighbors spoke at the hearing. John Vita, who lives behind the property, described the prior structure as “so incredibly large” and said the 2022 garage fire caused roughly $50,000 in damage to his home; he urged the board to confirm that the rebuilt structure meet code and remain a detached garage rather than an illegal dwelling. Donald Jurgens, another neighbor, said the narrow side yard (about 9 feet) makes it difficult to access a detached garage and expressed concern about potential additional kitchens or rental units.

McGlone said there would be two kitchens only if the accessory-apartment permit were finalized; she confirmed she intends to pursue the accessory-apartment approval and told the board she currently lives with family members and had previously filed for an accessory apartment in 2022 before the fire. The applicant agreed to planning conditions listed in the planning memo: the front portico not to be enclosed, accessory-apartment permit maintained, unfinished attic/storage left as shown, no habitable space permitted in the detached garage and no commercial activity in the detached garage.

The board closed the hearing and reserved decision. The record shows the board requested a plan showing reduced front-yard coverage and clarification on driveway footprint; the applicant will receive the written decision by mail after the board completes its review.