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Neighbors question accessory structures and town lot boundary at De Nicola hearing; board reserves decision

January 09, 2026 | Town of Babylon, Suffolk County, New York


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Neighbors question accessory structures and town lot boundary at De Nicola hearing; board reserves decision
Attorney John Farrell represented Leo and Ellen Marie De Nicola on Jan. 7 as the Zoning Board considered multiple variances for accessory structures at a North Babylon property.

Farrell told the board the lot — 50 feet by 177 feet, 8,850 square feet — has a two-story dwelling and several accessory structures including a sauna, a cold-plunge tub, a shed and an outdoor shower. He said the board treated the site as having a secondary frontage on Oakcrest Lane but argued a town-owned tax lot immediately behind the property should alter which measurements apply. "If that's the case, then it takes these variances down substantially," Farrell said, noting some front-yard reductions could drop from 40 feet to 6 feet.

Board members questioned whether the shed contained habitable space, and inspectors' photos were discussed; Farrell denied the shed had a kitchen and said the electrical in the shed serves the sauna and plunge tub. The board asked about plumbing, electrical underwriting certificates and whether the structures could be moved to reduce impacts on neighbors. Farrell said his client would remove a planter if it were a condition and that the structures "fit within the character of the community."

Neighbor Karen Caporal addressed the board during public comment and said she and others have seen property lines and fence lines shift over time onto the town-owned area. "I don't mind the structures ... But I'm bothered. I just question whether that's an okay precedent," Caporal said, asking whether the fenced area is town property.

After hearing testimony and public comment, the board closed the hearing and reserved decision to allow staff to review the application, examine the town-owned tax lot issue, and consider correspondence filed in opposition. The applicant will receive the board's written decision by mail.

Next steps: Planning and building staff will verify property boundaries and documentation on town-owned land; the board will issue a written decision once those records are reviewed.

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