Town of Babylon ZBA approves several permit renewals, imposes conditions and reserves decisions on multiple variance requests

The Town of Babylon Zoning Board of Appeals on Feb. 6, 2025 approved a mix of permit renewals and homeowner requests while reserving decisions on several variance applications pending additional documentation.

The board approved homeowner applications to alter existing homes and approved renewals for several public garage (auto repair/sales) permits with time-limited renewals and conditions; it also kept the record open and reserved decision on multiple variance-heavy applications that require new surveys or redesigned plans.

Why it matters: The approvals affect neighborhood building footprints, public-safety oversight for automotive businesses, and enforcement of permitting and certificate-of-occupancy requirements in the Town of Babylon. Reserved decisions signal the board’s willingness to approve projects if applicants supply revised surveys or reduce nonconforming lot coverage.

Board decisions and conditions

- Home renovations: The board approved application 25-002 (Brian and Emily Kelly of West Babylon) for a dormer/house expansion, with an explicit condition that the front portico not be enclosed further before a building permit or certificate of occupancy will be granted. Emily Kelly, the applicant, told the board, “We love our neighborhood. We don't want to move to find a bigger house. We just want to kind of make space for the incoming children that are on their way.”

- Home additions and variances held: The board closed the hearing but reserved decision on application 24255 (Michael Halpern and Jasmine Half, West Babylon). The applicant was directed to return with a new survey and plans showing reduced lot coverage; the board set a target of roughly 50% lot coverage as a benchmark for further consideration and kept the record open for a revised submission. The board explicitly required applicants with outstanding building or plumbing permits to close those permits before final approval.

- Accessory-apartment/covering issues: For application 24262 (Joseph Consalvo and Tay Yu, represented by Michael Laredo), the board also closed the hearing and reserved decision. The applicant agreed to relocate a nonconforming shed to meet setback requirements and not to enclose existing decks further; the board asked that the front enclosure be opened or removed as it presents a residential-character concern.

- New single-family construction: Application 24253 (Nelia Mihai, 873 Catskill Ave., Lindenhurst) was closed and reserved so the applicant can resubmit redesigned plans that conform to side- and rear-yard setbacks, per planning staff recommendations; planning staff flagged potential groundwater/DEC concerns for a finished basement, and the board requested a new plan and survey.

Auto business permits and renewals

- Bridal Tire Inc. (application 25-004, Amityville) — approved for a four-year renewal subject to prior covenant restrictions and limits on used-tire storage (storage limited to 50 tires at a maximum stack height of 5 feet). The applicant acknowledged regular pickup and ongoing turnover of stored tires.

- Entrust Auto Motor Services LP (application 24261, East Farmingdale) — the board granted a two-year renewal of the special-exception permit to operate a public garage (sales and storage of vehicles) while the applicant completes final inspections with the building department.

- Novak Motors (application 24260) — the board approved a two-year renewal of its public-garage special-exception permit subject to previously imposed covenants and restrictions; the board reiterated that the second floor shall remain unoccupied except for mechanical access (sprinkler or mechanical maintenance).

Compliance and outstanding items

Throughout the meeting the board emphasized that outstanding building or plumbing permits must be closed before applicants can obtain a certificate of occupancy. In multiple cases board members directed applicants to contact the fire marshal to complete required forms or inspections before the zoning board can finalize renewals or approvals.

Votes at a glance

- Application 25-002 (Brian & Emily Kelly, West Babylon): Motion to approve with condition (front portico not to be enclosed) — Approved. - Application 25-001 (Gary & Kimberly McAllister and Shade Turner, Wheatley Heights): Motion to approve with condition (outside seller entrance removed prior to issuance of CO) — Approved. - Application 24255 (Michael Halpern & Jasmine Half, West Babylon): Hearing closed; decision reserved pending a new survey showing reduced lot coverage (target ~50%) — Record left open. - Application 24262 (Joseph Consalvo & Tay Yu): Hearing closed; decision reserved. Applicant agreed to relocate nonconforming shed and not enclose decks further — Record left open. - Application 24263 (1398 Acorn Street LLC, Copiague): Applicant instructed to contact the fire marshal to complete required forms; no final action recorded at meeting. - Application 25-004 (Bridal Tire Inc., Amityville): Motion to approve renewal with prior covenants; used-tire storage limited to 50 tires at 5-foot maximum height; approved for four years — Approved. - Application 24261 (Entrust Auto Motor Services LP, East Farmingdale): Renewal of special-exception public garage permit for two years — Approved. - Application 24260 (Novak Motors): Renewal of special-exception public garage permit for two years, subject to prior covenants and restrictions; second floor to remain unoccupied except for mechanical access — Approved. - Application 24253 (873 Catskill Ave., N. Mihai): Hearing closed; decision reserved pending redesigned plans and new survey to address side- and rear-yard setbacks — Record left open.

What’s next

Where the board reserved decision, applicants were instructed to file revised surveys or plans showing compliance (or a clear path to compliance) and to resolve any open building or plumbing permits and fire-marshal requirements. Approved renewals will move forward to the building-department inspection and certificate-of-occupancy process when required.

The board indicated written decisions or required conditions will be mailed to applicants following the meeting.