Amity Harbor homeowner seeks variances for two-level deck, board keeps record open

James J. Stout represented Christina Sabo before the Town of Babylon Zoning Board of Appeals to request variances for a two-level rear deck at a property in Amity Harbor.

Stout said the property is zoned C, which requires a minimum lot size of 6,000 square feet and 60 feet width; the subject lot is about 4,000 square feet and 40 feet wide. He described requested relief including a rear-yard setback of 6 feet where 30 feet is required, side-yard aggregate relief (existing side yards of 4.8 and 12.5 feet yielding a 17.3-foot aggregate versus the 25-foot requirement), and building-area relief (proposed coverage approximately 42.55% vs. 30% allowed). Stout explained the lower deck portion will be 4 feet 10 inches above adjacent grade and that the upper portion serves as a small platform to exit the main level from an elevated house in a flood zone.

Board member Delavecchia asked whether the deck could be cut back to a 10-foot setback; Stout said his client would "entertain that" and agreed revised plans would be needed if the board sought a smaller encroachment. The board also advised that hot tubs must maintain a 6-foot setback from rear and side property lines and that the deck must remain open beneath because of flood-zone elevation requirements.

Stout submitted two neighbor endorsement letters and argued that the requested relief was driven by the lot’s constrained dimensions and flood-elevation requirements. The board said Suffolk County planning comments were outstanding and asked for a new set of plans showing the requested revisions; the hearing was closed and decision reserved with the record left open for Suffolk County review and revised plans.

Why it matters: the applicant is seeking multiple variances tied to lot size and flood-zone elevation; the board’s request for revised plans and county review will shape whether and how the deck is modified to reduce impacts on neighbors.