Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Lot Line Adjustment topic
No spam. Unsubscribe anytime.
ZBA reserves decision, removes owner-occupancy covenant language for Wyandanch lot-line adjustment
Summary
The Zoning Board reserved decision on a Wyandanch lot-line adjustment but voted to amend the application to eliminate an owner-occupancy covenant that the applicant objected to.
The Town of Babylon Zoning Board of Appeals on May 15 reserved decision on application 25061B, a lot-line adjustment and related variances for properties at 74 and 76 Arlington Avenue in Wyandanch, while amending the application to eliminate one covenant the applicant contested.
Attorney Daryl J. Conway, representing the applicant (Desmond DeSouza), told the board the application seeks to adjust two lots so that Lot 2 (currently 10,000 square feet) would give 2,000 square feet to Lot 1 (6,000 square feet) producing two conforming lots of roughly 8,000 square feet each; the C residence zone minimum is 7,500 square feet, the attorney said. Conway said the structure on Lot 2 has a certificate of occupancy issued in 1982 and building permits in the record that predate that CO. He argued the requested line move should not affect the preexisting front-yard setback or require reapplication of later setbacks.
Conway objected to a standard covenant and restriction the town was asking to impose that would require owner occupancy and limit accessory apartments. He said the restriction was arbitrary for this lot, noting its proximity to downtown Wyandanch and the transit hub. Conway said his client would accept the other conditions in the staff memo except the owner-occupancy requirement. The board moved to amend application 25061B to eliminate covenant number 8 (the owner-occupancy restriction); that amendment passed on a motion and second with all in favor.
The board closed the hearing but reserved decision and kept the record open for a Suffolk County Planning memo. The board directed that the amended language for the record reflect the proposed subdivision of two lots into two conforming lots and that the record remain open while county comments are received. Conway noted some historic confusion in the property record: building permits in 1944, a CO issued in 1982, and a final survey dated 1962 were all in the file.
The board and counsel discussed the limited scope of the ZBA’s authority to impose covenants and restrictions and how those C&Rs are standard for new construction but are triggered when applicants come before the board. The hearing record will remain open pending the county planning response and the board’s final decision.
