Babylon ZBA OKs variance to legalize existing pool and patio, requires shed removal and unenclosed roof
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Summary
The Town of Babylon Zoning Board of Appeals approved a variance to legalize an existing in-ground pool, paver patio and roofed-over patio at a Wheatley Heights property, conditioning approval on removal of an accessory shed and on the patio roof remaining unenclosed.
The Town of Babylon Zoning Board of Appeals voted to approve application 24254 for a Wheatley Heights property to legalize an existing 20-by-45-foot in-ground pool, paver patio and a roofed-over patio, with conditions that an accessory shed be removed and that the roofed patio remain unenclosed.
Matthew Bush, an architect speaking for the homeowner, said the application seeks two variances: to increase the permitted building area from 15% to 35.8% (an increase of approximately 3,399 square feet) and for an existing accessory shed. Bush told the board that there have been no drainage problems since the pool and patio were installed and that roof leaders are piped underground. He said the owner intends to remove the accessory shed.
The board amended the application during the hearing to delete the variance related to the shed after the applicant agreed to remove it. A motion to approve the application “as amended” with the condition that the shed be removed and that the roofed patio not be enclosed carried on a voice vote.
Planning division and environmental control memos dated Jan. 8 and Jan. 14, 2025, respectively, were entered into the record; a survey dated Dec. 29, 2023, and photographs were provided to the board.
The board’s written decision will follow. The applicant was reminded that approval from the ZBA does not substitute for required building permits from the Building Department before construction or other work may proceed.