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Town of Babylon Zoning Board approves several residential variances, reserves others pending plan revisions

Town of Babylon Zoning Board of Appeals · December 19, 2024
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Summary

The Town of Babylon Zoning Board of Appeals approved multiple residential and small commercial variance requests with conditions (notably limits on deck enclosures, shed relocations, chimney fire-rating and no outside storage for a warehouse) and reserved decisions on applications needing revised plans or plan-examiner review.

Town of Babylon — The Zoning Board of Appeals on the evening reviewed a calendar of variance applications and took action on a series of residential and small commercial requests. The board approved several applications with conditions and kept the record open or reserved decision on others pending revised plans or plan-examiner review.

The board approved application 24-215 (David and Bozena Ordinia) for variances related to a second‑floor rear deck, side‑yard relief and building coverage subject to conditions: the second‑story deck may not be enclosed above or below, the driveway may not be further expanded, and the applicant agreed to relocate an existing shed to a conforming location. A board member moved to delete variance number 4 and later moved to approve the application as amended; the motions carried unanimously.

Attorney Nicole Blanda, representing Wanda Smith, won approval for application 24-245 to rebuild a two‑story, five‑bedroom owner‑occupied home on a lot that complies with lot-size requirements. Blanda said the requested reductions — a 25‑foot porch setback (from 30 feet) and a 37‑foot rear yard (from 40 feet) — were minimal and necessary so upstairs bedrooms meet building-code dimensions. The approval was conditioned on compliance with covenants and the planning memo.

The board approved application 24-242 (Hamayan and Sumaira Malik) for modest front- and rear-yard setback relief to add a covered porch and bring laundry to the first floor; planners had noted the lot abuts freshwater wetlands. The board also required safety measures related to an existing chimney that will be enclosed by the addition, asking that the chimney be fire‑rated as part of the work.

Cynthia and John Simonetti received permission to install an in‑ground pool and to maintain an existing paver patio, shed and low deck (application 24-240) with standard planning conditions, including requirements tied to dewatering and temporary discharge permits for pool construction. The board approved application 24-244 for Flatlands Property LLC, granting a parking variance from 39 required spaces to 18 for indoor warehouse storage on the condition that there be no outside storage of vehicles or materials.

Not all matters were decided. The board reserved decision on application 24-243 (Shadine Hibberts), asking the applicant to submit revised plans showing an interior reconfiguration so a bedroom will no longer be a pass-through to the proposed addition; the record was kept open. The board also reserved decision on application 24-238 (Justin Londono) after discussions about a 6‑ft corner-lot fence that raised visibility and precedent concerns; the applicant agreed to explore alternatives (a 4‑ft perimeter fence or a 6‑ft fence set flush off the back of the house). Application 24-246 (sunroom, lot coverage) was held open for the plans examiner to review updated coverage calculations and plans.

Board members repeatedly closed hearings but kept records open where plan revisions were required. Several approvals included conditions commonly imposed by the board: no further enclosure of specified porches or decks, confirmed owner‑occupied use (no accessory apartments), relocation or rebuilding of sheds in conforming locations if removed, and building-safety or plan‑examiner reviews where chimneys or wetlands are implicated.

The meeting concluded after the board acted on the evening’s calendar; the board noted that approvals do not authorize construction until required building permits are obtained from the building department.