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Neighbors ask zoning board to deny third‑floor dormer; board reserves decision on West Babylon variances
Summary
The Town of Babylon Zoning Board of Appeals heard application 24194 from Romeo and Jessica Bertolini seeking to legalize a dormer that would convert attic space and increase the house from two‑and‑a‑half to three stories and reduce a rear setback to 12.5 feet. Neighbors objected; the board closed the hearing and reserved decision.
The Town of Babylon Zoning Board of Appeals heard application 24194 from Romeo and Jessica Bertolini for a property in West Babylon and reserved its decision after hearing testimony from the applicant, counsel and neighbors.
Attorney John Farrell told the board the property is a preexisting nonconforming two‑family dwelling on a 65‑by‑100‑foot lot and that the work consisted of adding a dormer and a modest bathroom in attic space; he said the change results in a three‑story measurement for zoning purposes but was a small, approximately 3‑foot alteration to the roofline. Farrell said the owner intends to sprinkler the third‑floor space as required by the New York State building code. The application requests relief to increase the structure from 2.5 stories to 3 stories and to reduce the rear yard setback from 40 feet to 12.5 feet; those variances were the subject of neighbor concerns.
Neighbor Charles Bonseigneur of 235 15th Avenue said the altered roofline and added height block sunlight and reduced the appearance and value of his home. Bonseigneur told the board he brought photographs and a petition and asked the board to deny the application and require the owner to restore the roofline to its previous dimensions. Bonseigneur also said a sign announcing the hearing did not appear on the property until late the previous afternoon; board staff responded that the application had been announced at the prior hearing (Nov. 20) and that reposting was not required for an adjourned item in this case.
The applicant, Romeo Bertolini, said the dormer had been designed to be set back on the wall so a variance on that side would not be necessary and that he had not changed the roof pitch substantially. Counsel noted the plans before the board show the dormer recessed and said the change would not be as visually prominent from the street as neighbors described. After hearing public comment and applicant counsel, the board closed the hearing and reserved decision; the applicant will receive the board’s written determination.
The record includes a planning division memo (Nov. 20, 2024), an environmental control memo (Dec. 3, 2024), a survey by La Sala Land Survey (April 19, 2024) and a site plan by Eugene F. Jenron (April 22, 2024). Neighbors submitted photographs and at least one petition opposing the application.
