Town of Babylon ZBA reserves decision on a residential variance, approves several routine renewals and sign variances

The Town of Babylon Zoning Board of Appeals on Dec. 5 heard a slate of variance and special-permit requests, reserving decision on a residential setback and accessory-apartment-related variance while approving several routine renewals and sign variances with standard conditions.

The board reserved decision on application 24208 for Juan Fernandez of 107 Galvani Street after the applicant’s family agreed to trim a rear gazebo/shed and remove the basement shower or revise the basement entrance to reduce the chance of creating an unauthorized dwelling. The board amended the application to include the north-side lot-line variance and said it would act after receiving revised plans showing the gazebo cut back to 6 feet and the removal of a metal carport. "If you could cut it back to 6 feet, we could delete that entire variance," a board member told the applicant. The hearing was closed and the record kept open for revised plans.

Attorney Nicole Blanda, representing the Kim family (application 24225), asked to legalize an accessory building and a small shed and to close out an older pool permit. The board pressed whether the smaller shed could be moved slightly to eliminate one requested variance; counsel said she would revisit that with her clients. The board kept the record open and reserved decision pending the applicant’s follow-up.

Routine renewals and sign variances were approved with conditions. The board approved a renewal for Avocados Kitchen & B (application 24214), including an amended notice to reflect the correct 5-foot front setback after counsel argued the plans examiner had measured to the sign base rather than the pole. Daryl J. Conway, counsel for the applicant, argued the pole "has never been moved" and asked the board to restore the previously approved 5-foot setback; the board amended the notice and approved the renewal subject to a commencement/CEO condition.

Tri State Window Factory’s monument sign (application 24222) received a two-year height variance for a 7.75-foot sign where 6 feet is permitted. Barnwell House of Tires (application 24224) received a four-year renewal of its special-exception permit to operate as a truck-tire center after the applicant, Dominic Vitale, said outside tire piles noted in prior renewals had been removed and offered photos for the record.

Bestway Auto Collision (application 24223) did not receive final action. The board required a fire marshal inspection and a clean fire marshal report before advancing the application; the applicant agreed to arrange the inspection.

Adjournments and scheduling: The board granted a one-time adjournment for application 24194 (Bertolini) and rescheduled that hearing for Jan. 9. The final matter heard in the provided transcript was an initial presentation for a proposed catering/venue at Broadhollow Road (Nori LLC/Bayou’s Celebrations), which had not reached a decision in the recorded portion.

Votes at a glance

- Application 24208 (Juan Fernandez): amended application; hearing closed and decision reserved pending revised plans (board kept record open). Vote: hearing closed/reserved (voice votes recorded as "Aye"). - Application 24225 (Kim family): hearing closed and decision reserved pending applicant response; record kept open. Vote: reserved (voice votes recorded as "Aye"). - Application 24194 (Bertolini): adjourned to Jan. 9 at applicant request. Vote: motion carried. - Application 24214 (Avocados Kitchen & B): renewal approved with amendment to notice and standard conditions (three-year/commencement condition noted). Vote: approved (voice "Aye"). - Application 24222 (Tri State Window Factory): sign height variance approved for two years. Vote: approved (voice "Aye"). - Application 24224 (Barnwell House of Tires): special-exception renewal approved for four years, subject to previously imposed covenants and restrictions. Vote: approved (voice "Yes"). - Application 24223 (Bestway Auto Collision): final action deferred pending fire marshal inspection and report.

Why it matters

The board’s decisions will affect property owners’ ability to keep existing structures or to renew commercial permits. The reserved decisions leave applicants with specific to-do items — revised plans, minor relocations of sheds or site corrections — before final relief is granted. Approvals of sign and renewal requests maintain existing commercial operations but are conditional on administrative steps such as CEO issuance or sanitary/safety inspections.

What’s next

For applications with reserved decisions, applicants were asked to submit revised plans or responses to conditions (e.g., show the shed cut back to 6 feet or provide documentation about the pool permit). Bestway Auto Collision must obtain a fire marshal inspection and a clean report before the board will act. The board rescheduled the adjourned Bertolini application for Jan. 9.

No fines, enforcement actions, or litigation were raised on the record in the provided transcript.