Homeowner seeks to lift covenant for upstairs room; board signals reluctance and reserves decision

Town of Babylon Zoning Board of Appeals · January 9, 2026

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Summary

A Wyandanch homeowner asked the ZBA to lift a prior covenant to add a room atop a garage for a parent. Builder and board noted covenants are rarely lifted; the board closed the hearing and reserved decision.

A Wyandanch homeowner asked the Town of Babylon Zoning Board of Appeals on Jan. 7 for permission to build a room over a garage so an elderly parent can live with the family.

Applicant Robin Asoman said the family needs extra space for the applicant's mother and proposed adding a second-floor room above the garage. Board staff noted a covenant or restriction was recorded when the house was approved that prohibits future expansion. The builder, Jose Espinal, who constructed the house in 2024, confirmed he told the owner the covenant exists and said lifting it "might not" be approved.

Board counsel told the applicant the board "almost never" lifts covenants and restrictions once imposed. Given the covenant and the limited information in the record, the board closed the hearing and reserved decision; the applicant will be notified by mail.

Next steps: The board will review the covenant documentation and return a written decision; the applicant may be advised to submit additional materials if necessary.