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Board approves rear‑yard setback reduction for deck, conditions accessory apartment

Town of Babylon zoning board of appeals · May 28, 2026
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Summary

The board granted a rear‑yard setback reduction for a second‑story deck at 49 Eastern Avenue and conditioned approval on the deck not being enclosed and the accessory apartment remaining an additional unit.

A representative for the property at 49 Eastern Avenue said the owner seeks a reduction of rear‑yard setback from 40 feet to about 25.3 feet to accommodate a second‑story deck that ties into an accessory‑apartment application. The applicant’s representative said the deck provides egress and circulation for the dwelling and that the accessory apartment will be maintained within the dwelling.

The board conditioned approval on the second‑story deck not being enclosed above or below and on the accessory apartment remaining an additional unit in the dwelling. A motion to approve the application with those conditions was moved, seconded and carried.

The board will issue a written approval and the applicant must comply with the stated conditions as part of permit issuance.