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Attorney says basement prohibition on Sawyer Avenue Court lot was an oversight; board reserves decision
Summary
At a Planning Board hearing April 20, 2026, attorney Nicole Bland said covenant No. 9 (prohibiting a basement) on the proposed two‑lot subdivision at 44 Sawyer Avenue Court appeared to be an oversight; Bland said the applicant can demonstrate the required 3‑foot groundwater separation and will return to the ZBA if necessary. The board closed the hearing and reserved decision.
The Town of Babylon Planning Board on April 20 heard a public hearing (job HPLN‑492‑51B) on a proposal to split a 15,000‑square‑foot parcel at 44 Sawyer Avenue Court into two 7,500‑square‑foot lots. Nicole Bland, attorney for the applicant, told the board that covenant No. 9 — which the record lists as barring a basement for the new home — appeared to be an oversight tied to the originally filed plans, which specified a crawl space rather than a basement.
Bland said the applicant can demonstrate compliance with groundwater separation requirements and that the top of the proposed basement slab would be 3 feet above the groundwater level; she said the detail is uploaded to the project portal and must be reviewed by the town’s appropriate department. Bland described the basement as unfinished with no outside entrance and said other homes on the block have basements.
Why it matters: covenant terms restricting basements affect building design, floor area and potential living space for the new home. Bland characterized the prohibition as an administrative oversight and said she would submit revised plans and, if required, return to the Zoning Board of Appeals for an amended decision.
Board members confirmed the revised plans will show the 3‑foot separation and asked whether the applicant would seek ZBA reconsideration if necessary; Bland said she would. Bland also described the proposal as creating two conforming lots in the Residency zone (75 feet frontage and 7,500 square feet each) and said the existing house on lot two currently has a rental permit but the applicant intends owner occupancy after sale.
No members of the public attended to comment on the application. The board moved to close the hearing and reserve decision so staff can review the groundwater detail, portal exhibits and any written comments. The chair reiterated that the record will remain open for written comments and provided planning‑department contact information.
