Town of Babylon places 258 Irving Avenue accessory-apartment application on reserve after neighbors raise noise, parking and ownership concerns

The Town of Babylon put the accessory-apartment application for 258 Irving Avenue in Deer Park on reserve for further inspection after neighbors at the hearing alleged ongoing noise, overcrowding and that the property’s owners do not live at the house.

Neighbors told the board they have seen repeated heavy street parking and intermittent loud noise at the address, and some residents said the house appears to contain multiple rental units. Catherine Lamberti, a Deer Park resident, said, “There’s about 50 cars parked down our street because of all the apartments. They park in front of our house for days on end.” Oni Rosato, who lives across the street, told the board he believes the owners do not live at the property and said, “I have pictures of the street on a Sunday morning, you can't even park.” A written comment from Isabel Duff, read into the record, described “excessive noise of loud music and kids screaming from early morning to evening.”

Applicant Joseph K. Varghese testified and provided documents for the application; an interpreter, Rijo Rajan, assisted. Varghese told the board he and his family have residences tied to the property and said noise complaints related to past barbecues would not recur. At one point Varghese said he lives at a different address and that family members occupy the Irving Avenue house. In response to neighbors’ descriptions of many cars, the applicant said there are roughly four vehicles associated with the household.

Board members heard neighbors’ allegations—claims that the house has a finished basement and multiple occupied floors and that another nearby house at 264 Irving Avenue also contains illegal apartments—and recorded that evidence of parking overflow and transient renters was presented. The board then voted to place the application on reserve. The chair stated, “Your application has been placed on reserve. The town will do further inspection, and we will make a decision at another time.”

Placement on reserve stops final action on the permit and directs town staff to inspect and report back; the transcript shows the board intends to follow up with an inspection before rendering a decision. The board did not approve the application at the hearing.

Background: the board noted the town’s accessory-apartment permit rules require owner occupancy for a property applying for a permit and forbid converting a house into a rooming house; a board member summarized that the permit “has to be 2 separate families” and that an owner-occupancy requirement applies. The applicant had submitted an affidavit of posting and documents the board requested for the public record.

The board is expected to schedule or complete a follow-up inspection before considering the application further.