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Neighbors complain of loud music, privacy and overcrowding as ZBA reviews Araya egress/coverage variances
Summary
Neighbors pressed the Town of Babylon Zoning Board of Appeals over loud music, a camera facing a neighbor's yard and proposed egress-window placement while the board reviewed variances for a North Babylon property; the board reserved decision and attached conditions limiting basement kitchens and enclosed decks.
The Town of Babylon Zoning Board of Appeals on Jan. 21 heard heated public comment over a variance request for a North Babylon property at an application hearing the board later reserved for decision.
Gustavo Munoz, speaking for the applicants in application 25241, told the board that egress windows were proposed on a side elevation because “there is no way to put them in the back,” citing the house's configuration and an existing one-story rear addition. He said the family intends to use basement rooms for sleeping and would install a three-piece bathroom, but insisted the house would remain a single-family dwelling.
Neighbors described ongoing problems they said predate the application. Lisa Martin Ortiz, of 145 Greenwood Drive, said she has lived in the Town of Babylon for 30 years and that loud music from 141 Greenwood Drive repeatedly disturbs her household. “You may own the house … but you don't have the right to disturb everybody's peace,” Ortiz said, describing speakers moved toward the northwest corner of the applicant's yard and a camera she said points into her kitchen and backyard. Teresa Danks and other neighbors raised concerns about increased lot coverage, the installation of window wells within reduced side setbacks, and the possibility the basement work could enable a second, illegal dwelling.
Board members repeatedly questioned occupancy and safety. At one point the board confirmed that seven people currently live at the property and that the homeowner purchased the property in 2023. The board and staff discussed prior complaints (including an inspection that addressed a reported gas dryer in a garage) and asked for clarity about existing doors, parking, and basement layout.
Planning staff had recommended conditions. At the hearing, board counsel proposed two conditions the applicant would need to accept if relief were granted: no kitchen or cooking facilities permitted in the basement and the rear-yard deck must remain unenclosed. The applicant's representative indicated agreement to the conditions on the record.
The board closed public comment, kept the record open for any additional documents, and reserved its decision. The board instructed the applicant and his representative to address neighbor concerns and be prepared for inspections or additional clarifications before a decision is mailed to the parties.
What happens next: The board will issue a written decision on the application after reviewing the record and any follow-up materials.
