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Town of Babylon zoning board reviews multiple variance and special-exception requests; one approved, others reserved

2311841 · February 14, 2025
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Summary

At a Town of Babylon Zoning Board of Appeals meeting, members approved one residential addition with conditions, voted to delete a variance in another application and reserved decisions on several other variance and special-exception requests, while asking applicants for clarifying surveys or site adjustments.

The Town of Babylon Zoning Board of Appeals heard eight applications at a public meeting and issued one approval, one procedural deletion of a requested variance, and multiple requests for follow-up materials and site changes.

The board approved an application for 545 Mount Avenue in West Babylon — a proposed second-floor addition and covered front porch — with four conditions including removal of a nonconforming shed and a requirement that an existing garage remain storage only with no heating, plumbing or conversion to habitable or commercial space. Genaro Cozzolino, representing the applicants Yolanda A. and Leonard B. Young, summarized the proposal and the requested variances, saying the additions “will have no significant impact to the environment, will not affect any of the adjacent properties and fit in with the character and nature of the neighborhood.” A board member moved to approve the application with the four conditions; the motion was seconded and the board voted in favor. The board will issue the written decision by mail.

Several other matters were continued or reserved for later decision. The board reserved decision on an application by Babul Howlander (North Babylon) after hearing that he bought the property at auction and had installed interior work that triggered a stop-work order. Howlander told the panel, “I bought this house from the auction, and I was trying to do kitchen and the bathroom,” and said he would submit photos and video to the record; the board left the record open for those materials.

An application for 52 Manhattan Avenue (West Babylon), filed in the names of Richard Penitz and Patricia Constantino, was amended at the hearing to add a fourth variance (allowing a 6-foot fence within 10 feet of a driveway) and then the hearing was reserved for decision. Patricia Constantino told the board she believed some of the existing work (a portico, driveway and shed) had been in place for many years and said she had not been previously notified that permits would be required.

At the start of the Maldonado matter (59 Maple Drive, Lindenhurst), the board voted to delete variance number 7 from that application after the applicant’s representative said the shed would be relocated to conforming setback. The board also discussed a hot tub installed in 2016; the applicants agreed to relocate it so it would be three feet from the property line and submit an updated survey showing the new location. The board kept the record open for the new survey and will rule after receiving it.

Two commercial applications drew attention for parking and county review. An application for Apple Food Services of Long Island (the Applebee’s at Sunrise Highway and Wellwood Avenue) asked to increase wall and awning signage; the board confirmed it is awaiting a Suffolk County Planning review and reserved decision until that county review is received. Keith Archer, presenting for the applicant, said the awning signs are about 6 square feet each and that the overall sign area is similar to previously approved signage.

A special-exception request for Elite Motorsports (Lindenhurst), an automotive repair and sales business, was continued with specific directions from the board after neighbors and staff raised concerns about vehicle storage and on-street parking. The applicant’s representative said they had removed vehicles from lawn areas and reached a temporary parking arrangement with a nearby business; neighbor Kaihan Kriemann and resident Michael Ivanoff raised safety and congestion concerns on 40 Fourth Street. The board told the applicant to reduce displayed-for-sale vehicles to 11 and required that no vehicles be parked on 40 Fourth Street; the board will inspect the site and decide at a later date.

An auto-repair special-exception application in Deer Park, represented by Michael Laredo, was also reserved for decision; the applicant asked that the board consider a three-year permit term, noted that a recent fire marshal inspection found no violations, and supplied updated photos to the record.

Votes at a glance: The board approved the application for 545 Mount Avenue (West Babylon) with four conditions (shed removal; garage limited to storage with no heating/plumbing; no habitable or commercial use), and voted to delete variance number 7 from application 25007 (Maldonado). All other matters were reserved for written decision pending additional submissions, updated surveys, inspections or Suffolk County Planning comments.

The board kept the record open on multiple matters to receive photographs, video, revised surveys and county review documents. Applicants were reminded that an approval does not authorize building work until required building permits are issued by the Building Department, and that some approvals are contingent on relocating nonconforming structures or otherwise meeting the conditions specified by the board. Written decisions will be mailed to applicants when available.