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Rivera applicants seek variances for pool, expanded coverage and 6‑foot fence in Wheatley Heights; board conditions approval

Town of Babylon Zoning Board of Appeals · July 23, 2026
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Summary

Applicants for application 26118 asked the Zoning Board for variances to install a pool in a technical front yard, increase building coverage to 28.2% and keep a 6‑foot fence; the board approved the application with conditions requiring the fence be moved onto the property and certain sheds removed or relocated.

Applicants Steven Rivera and Natalie Duquesne Rivera, represented at the hearing by presenter Thomas Saliani, requested relief to install a swimming pool in a technical front yard, increase total building area from 15% to 28.2% (an overage of about 2,237.8 square feet), and retain a 6‑foot fence adjacent to Straight Path Road. "We're pursuing a variance to build a pool in the technical front yard," Saliani told the board, adding that the project would add 1,068 square feet of pool area and that the existing patio and other features would remain.

Saliani said the applicants would install drainage mitigation and had a signed affidavit from a neighbor stating no objections. He asked the board to consider neighborhood precedent and cited nearby properties with larger yard coverage and pools. The board noted the fence encroaches approximately two feet over the property line and confirmed sheds identified on the plans must be removed or relocated to conforming locations.

After board questions, the chair moved to approve application 26118 with conditions that the fence be relocated onto the property and that identified sheds be removed or relocated to conforming locations; the motion was seconded and carried. The applicant agreed on the record to the conditions and confirmed the affidavit of posting would be submitted to the secretary.