Board reserves decision on O'Connell accessory-apartment permit after code-enforcement affidavit cites vehicles, shed and open fires

The Town of Babylon board reserved judgment on an accessory-apartment permit tied to 840 Little East Neck Road after a town investigator’s sworn affidavit outlined multiple code-enforcement concerns, including an allegedly illegal shed or carport, vehicles stored on grass and open fires near a propane tank.

During the hearing, board members read from an investigator’s affidavit stating the inspection occurred on or before Dec. 30, 2024, and noting that an illegally constructed shed or carport was cited in the code-enforcement record (entry dated Sept. 14, 2023) and had not been removed. The affidavit also reported a black 2005 Ford Excursion and an unregistered red pickup truck parked on grass in the rear yard and that the address was associated with a business name, Leak Stoppers, which the investigator said should not be operating from a residential address.

Lisa O’Connell told the board she no longer lived at a previously listed Lindenhurst address and that she had been residing at 840 Little East Neck Road for about a year amid divorce proceedings. She said she removed the items cited and that vehicles have been registered and some alleged hazards cleared; she offered to provide utility bills and other documents to verify residency.

Why it matters: The investigator’s affidavit raises possible violations of town code related to unpermitted structures, parking/vehicle-storage restrictions in a residence district, open burning near fuel sources and owner-occupancy requirements for accessory-apartment permits. The board’s reserve decision allows staff time to confirm whether the cited conditions remain and whether the applicant actually resides at the property.

Key points from evidence and testimony: - Investigator’s affidavit (as read at the hearing) recorded an inspection around Dec. 30, 2024 and referenced a Sept. 14, 2023 code-enforcement note that a structure should be removed. - The investigator reported seeing vehicles parked on the rear-yard grass and (at least at the time of inspection) an unregistered pickup; O’Connell said registration and other issues had since been addressed (one truck was registered on Feb. 4). - The affidavit included photographs (cited by the investigator) showing debris, an unregistered vehicle and a fire pit near a propane tank; O’Connell told the board those items had been removed and the yard cleaned. - The investigator also indicated the address had been used to register a business name; O’Connell said the business is associated with her ex and that he had told her he removed the listing.

Board action and next steps: The board voted to place the matter on reserve, requesting additional proof that vehicles are no longer stored in the yard, that the shed/carport has been removed, and that O’Connell actually resides at the address. The board asked the applicant to submit documentation (utility bills, bank statements, licenses) to the secretary and directed staff to perform another inspection. The board warned O’Connell that the permit is at risk of revocation if violations are confirmed.

The motion to reserve the case carried by voice vote; the board will reconsider after inspectors submit their follow-up report.