Zoning Board of Appeals (zba) - Regular Meeting

Please listen to the rules and procedures that will follow for tonight's meeting.

Good evening and welcome to tonight's meeting of the Town of Babylon zoning board of appeals. The following is the procedure that will be followed tonight. The matters will be called in the order they appear on the calendar with adjourned matters being called at the end of the regularly scheduled matters. Matters cannot be heard prior to their published scheduled time. When your matter is called, please submit the affidavit of posting to the secretary and proceed to the podium and give your name and address. The chairperson will then swear you in and read into the record information we have from your application, comments from various town departments, and any correspondence received on your application. The chairperson will then ask you to make whatever presentation you wish to make to the board. After you have made your presentation, the board will ask whatever questions the board deems appropriate and then we will ask for comments from the public. If you wish to speak for or against an application, we ask that you wait until you're acknowledged, come forward, give us your name and address, tell us where your property is in relation to the property that's in question tonight, and then please direct your comments to the board, not the applicant or the applicant's representative. We have to keep a record and we cannot do that if there are people talking over each other or cross conversations. If someone has spoken for or against an application and they have said exactly the same thing that you wish to say, it will have the same force and effect in the record if you give your name and address, are sworn in, and say that you join in those comments. If you have anything additional to say, please don't hesitate to do so. But keep in mind that you will be given only one opportunity to speak. After the public has spoken, the board may ask the applicant to come back to answer any questions that may have come up as a result of the public comments or for the applicant to summarize. When the applicant comes back to answer any

additional questions, if that happens, that does not start a second round of public comments. Once the matter has been heard, various things may occur. The board may decide the application immediately. It may reserve decision. If the board reserves decision, that does not mean the matter is approved or denied. It just means that the board needs more time to decide, may want to go out and look at the site again, or might want to review the documents and testimony further before making a decision. In either event, the applicant will receive the board's decision in writing shortly after the board makes its decision. If the application is approved, that does not mean that you can then go ahead and start construction or whatever it is that you requested from the board. You will have to wait for the building permit to be obtained from the building department before your go- ahead. On some occasions, the matter may be continued for another night. If it is continued, in most cases, it will be for the submission of documents, a new survey, new plans, or something of that nature. If that's the case, no one needs to come back on the new date. The documents will be submitted and no further testimony will be taken. On rare occasions, a matter may be continued for future testimony. If that's the case, then people would have to come back to testify. If matters are adjourned at an open meeting on the scheduled date of hearing, no further notice need be given unless specifically required by the board on the date the adjournment is granted. Three rules that may affect your ability to proceed tonight. One, if the sign was not posted for 10 days, we cannot hold the hearing tonight. Two, if you commence this proceeding while you own the property, but no longer own the property, and you are here now to continue with the

application, you will need either the written consent of the new owner or the new owner to be present for the hearing. This situation could come about if you sold your house or building, money was held in escrow at closing for a certificate of occupancy or permit, and you're here tonight to clear that up. Lastly, if your application is a commercial application and it's other than a renewal and there is more than one tenant in the building, then you need your landlord to be here. Is there any applicant that has any difficulty with those situations and would need an adjournment tonight?

Is there anyone that would need an adjournment? Please rise and join the board in the pledge of allegiance to the flag of the standy andice for all. Okay, before we begin tonight, uh, application one on our agenda, application 25242 is being adjourned to January the 29th. Is there anybody here on that application? Property is located in Wench. Okay. First application tonight is application 25238 of Joseé Espanol. Property is located in Wine Dench.

Name and address for the record, please. Hi, my name is Steven Ael. My address is 41 Leeside Drive, Great River, New York. I'm here representing Jose and uh the um JRE Development LLC. Okay. For the record, we have a planning division memo dated January 6, 2020 26. Department of Environmental Control memo dated January 14, 2026. If approved, this application will not result in significant impact. Survey by Paul Barowski dated August 7, 2024. Tax map acting as an area map. And chairman, there's a three photographs in the site plan by Steven BFL dated March 1st, 2025.

Okay. Would you like to tell us about the application? Yes, we're like we'd like to uh construct a um two-story single family dwelling on one side of a very wide lot um in a resident's uh B district. Currently, there's no street um at our site. So, we'd be extending the street as far as possible uh to the end of our site when we cannot um connect to Little East Neck Road as as the highway department described to us. So, we'd be basically creating a dead-end street um adjacent to Little East Neck. Um our application has um got a few uh planning comments that I'd like to address. Um firstly, like I just said, we'd like to extend the road as far as possible before we touch the lease neck. We have an an um a unique second floor to our single family dwelling. We have a large living room upstairs with four bedrooms. Uh our intention is to construct the house and then file for an accessory apartment permit um in the future. That's why it's a unique layout for the second floor. And uh thirdly, for their um planning board comments, they uh I guess are trying to inform us that egress windows would not be a permitted encroachment into our rear yards. And we completely acknowledge that. Uh if anything, we would file for um another another application of variance for that, but we don't intend on using the basement or cellar as a livable space. Um, if you have any questions that I could answer, I'd be happy to. Okay. So, the first question is going to be when we approve these applications. Uh, we put covenants and restrictions on there. Did you read those covenants and restrictions?

Yeah, most of there are a few that I would not um advise my client to agree to. Obviously accessory apartment is one of them.

Yeah. Number one. Yeah. Maintained as a single family like the accessory apartment. The seconds story deck. We actually would like to have a second story deck. No further expansion of the dwelling and no further subdivision of the lot. Um I feel that those uh two at the end since we're we'd have to file extra applications for them anyway, they could just be denied. There's no sense in having a covenant or restriction on them. um second story decks and accessory apartments again would also be applications that would could be denied by the planning board or or um or the planning department or building department as they see fit. Um however to to impose those restrictions in perpetuity doesn't seem right. That's what we do.

I know. I know. But in this uh this location on Little East Neck Road is not there's really no character to the neighborhood that we're trying to preserve. We're we're on a a major street here. Um the it feels these restrictions would be out of place on a dwelling on such a busy street. What is the address of this house going? This is going to be uh 5 South 35th Street. So then it's on 35th Street at Little East Neck Road. The frontage is the same. you you wouldn't be able to tell the difference that it wouldn't be le little neck like it's right there.

Okay. [snorts] Uh you said you would you would either file or remove the egress window in the rear. Uh we don't actually have an egress window in the rear. All we have is a regular window. Well, it was kind of just an advisement that if we ever wanted Oh, if you wanted it. I got it. Okay. All right. All right. Um Okay. I have no other questions. Any other question from the board? Question. Would anyone like to be heard on this app? Oh, I'm sorry. You got a question. Go ahead. Yeah. Sorry. You know what? That wasn't Which are you entering through? Through Brooklyn Avenue or That's correct. Oh, so you're making a road all the way down? Yes. A dead end. Yes.

Okay. The highway department since it's such an extreme angle, we can't really have a safe travel for any cars entering or so. Brooklyn is just much simpler. forward. Can you repeat that next? Are you guys planning on putting a guardrail along Lily's neck road? Is or is this going to be a through road? Those kinds of things are normally like No, it's not going to be a through road, but um a guardrail would normally the highway department would either ask for it or something else, but they haven't given us a direction because we don't have a house. Did you speak to the highway department already or no? Yes. And did they advise that or

they advised that we're not allowed to touch the lease neck and we have to come from Brooklyn. Everything else is basically dependent upon approval for how how far we can go. Right. And from from what I remember, you were going to try to purchase extra land. 114, right? Yeah. My client's also trying to purchase 114 from the highway department to make this a little bit easier, but we're we're still in negotiations, I guess, with that is drainage and curbs and stuff like that as well. Absolutely. Yeah. It's got to be fully developed as they as their specs go. Anyone like to be heard on this application? L if there are none. We're going to close the hearing. Reserve decision. You get the decision in the mail.

Thank you very much. Have a good night, everyone. You too. Thank you. [snorts] Next. Excuse [clears throat] me. Next application is application 25241 of Jonathan and I may ara I'm sorry. Sergio property located in North name and address for the record. Yes. Uh good evening. Uh Gustavo Munoz, Plane View, New New York, uh 71 Blueird Lane. Okay. Pl New York. Do you affirm to tell the truth?

Yes. For the record, we have a planning memo dated January 6, 2026. Environmental control memo dated January 14, 2026. If approved, this application will not result in significant impact. Survey by Anastasia Paratune dated July 18, 2023. Tax map acting as an area map. And chairman, there's four photographs in the site plan Gustavo immune dated July 31st, 2025. [clears throat] Would you like to tell us about the application? I'm sorry. What would you like to tell us?

Oh, yes. Uh, so uh first of all, I I just wanted to address uh one of the uh uh planning uh uh comments. Uh the permission to increase total building area of 20% uh to 30 uh 30 30% over 762 uh square feet. Uh I believe that's an error in there. Uh I don't know how that was come about. I can't I can't figure it out how you came up with that number. Correct. I'm sorry. Do you have the correct figure? Do do I have what

the correct figure? So the correct figure that I have is is is uh for the total is 1,602 versus I think you had uh it was always 2,000.

Okay, we'll look over that. Okay, thank you. And uh basically uh what what we're seeking here because of the the way the property is situated um there is no way to put the uh in other locations they uh the agress that they're proposing. We cannot put it in on on any other yard or and that's the reason why it's it's it's here with the board. That's it. Yes.

Uh, also to read into the record, we have emails, photos, and a video. We have a video. [snorts] This music is coming from 141 Greenwood Drive, 8:20 on a Sunday night. I'm inside my room with the windows closed and you can still the music. You can still hear it coming through. I'm inside my house. 141 Greenwood Drive. There are there is a letter opposition with some photographs also that go into the record. photographs. I think that's it.

Just for the record, I pulled the denial from the plans examiner updated 12825 does have the lock at 30.1% um 2,262 ft. percentage

it's lot I'm sorry lot coverage yeah the the this first comment here it says building area there's there's a difference between building area and lot coverage that's how we advertise lot coverage Any other questions from the board? Well, no, no. Oh, you didn't say anything yet. [laughter] I'll turn your ring over to Miss McCulla.

Okay. Um, firstly, I feel like the property is really well maintained, so that's we'll start with a compliment. Um, we have few complaints. So, I just have a few questions. How many people currently reside at the home? So, currently there's a husband and uh wife, the a daughter 12 years old, a son that lives with his uh wife. Uh the son is is 23. There's uh the husband's mother. And then there's a brother Sergio that lives with seven. Seven. Thank you. And when was this property purchased?

2023. 2023. And those seven people have occupied the entire time. Yes. Okay. So, you heard the the videos, loud music. That's a common complaint right now. Can we address that? I I could advise that, you know, not to uh play music. loud. That's all I could. Yeah, we want to be We want to be good neighbors, right? Um, we have a complaint about a gas dryer in a garage. Is that true? That's I think I believe the uh inspection came uh inspector came this week uh from what the owner told me uh and found nothing. Nothing in the garage.

Nothing in the garage. Um we had a complaint about a camera facing a neighbor's property. I don't know. I I I haven't heard that from from it's the first time I hear. These are things that you want to speak to your client about. Make sure there's no accuracy to it. Um in the basement, these storage rooms, are they um are there walls dividing these rooms? Currently, yes. Currently, yes. Is there plans to change that? No. No. So, that's how it's going to remain, right? Okay. [snorts] Was there [clears throat] ever a kitchen in the basement? No kitchen.

Was there ever any living um any the there the storage room half of the the basement is storage room. The other the other half is unfinished with a with a boiler room that's enclosed and that's it. That's it. That's it. No door in the basement. There's no door. There's no door that leads out. There that's the reason for us uh for proposing a window egress in those rooms. They they intend to use it for sleeping. only no no cooking down there. They intend to use the rooms for what? I'm sorry. Sleeping. Sleeping. Yes. Is there [clears throat] a bathroom down there? We're proposing a bathroom in this application.

Three piece or two piece? Three piece. So, it's with sleeping quarters. Okay. [snorts] Um the deck, when was the deck built? The deck is was bought with the prop doing it was the deck came with the when the already there in 2023. The deck and the gazebo were there. Both both. Okay. Um see what about cutting the door in. Chise cutting the door.

Yeah, they're cutting a door in in the middle of the night. The garage and it's an interior. Is there a door um from the garage into the home? I don't believe so. It's a It's noted in here. The fourth violation. You guys are working in the middle of the night without a permit. Cutting in a door, an interior door with no permit. Currently, we we don't show in our plans any any door leading to it. So, but none of that was constructed prior to pulling a permit or No. So, [clears throat]

there's currently an an existing door uh leading to the garage from the porch. Was that always existing or was that recent? That was always existing, but there's no door from the main building to the garage. It's an attached garage. You would want You would want access to Yeah. All right. [clears throat] That um and so currently one kitchen in the entire house.

Okay. All right. Um so for the B for if this application approve. We have two recommended conditions that you would have to agree to. No kitchen or cooking facilities permitted in the basement ever and rear yard deck not being closed. Do you agree to both? No. Yes. Okay. I have no further questions. Any other questions from the board? Would anyone like to be heard on this application? Have a seat, sir. Have a seat. Good evening.

Name and address for the record, please. Lisa Martin Ortiz, 145 Greenwood Drive, and my property is on the northwest side of Mr. Aria's home. Okay. And you affirm to tell the truth. Absolutely. Who would you like to tell us?

Well, I've been in the town of Babylon for 30 years. I've never had a problem with any neighbors, any complaints, any summons from the town of Babylon. I know there are codes here. There are rules here. There are neighbors that are like less than 10 feet away. Unfortunately, in the last three years, I've had discussions with Mr. Aria, informing him of the neighborhood, the quality, the peace, the tranquility that everybody expects on a Monday, on a Sunday night. No one wants to hear any loud music. There are children that are going to school on Monday. There are children, there are elders, and they're an extended family. And I understand that everybody has the right to entertain in the backyard because we all do. However, when you can hear the rocket six blocks out or a small speaker like Mr. Aria says he has is really a speaker that can light up Central Park and Central Park's pretty big. So he with the music I have noticed a lot of other neighbors have complained. Unfortunately, some of them are not here because they are intimidated. This is a very large family. I had spoken to him and I said, you know, we don't do certain things here. It's just not neighborly. His response was, well, we own the house. Okay, you may own the house, which was purchased through a third buyer, which I found out a year later, but you don't have the right to disturb everybody's peace. We're not on three acres here. We're on less than half an acre here. So, I explained all this has always been a confrontation. the camera. I have a picture that camera is pointing towards my property and if the wind blows is in my kitchen when he's entertaining in the last three years I have to be and say in fairness that he's put the music down a little bit. The neighbors behind them 137 on Parkdale Giovanni and Marie also has small children and when they move there they said can you please lower the music the ones behind them because I have children they're going to school. So other

neighbors have had some type of discussions with them now. So he moves the speaker. I have a major problem with that because again as it's very very disturbing, very loud. He puts it more on the northwest corner of my property. So I will blast my air conditioner. I will blast the AC. And I still can't hear myself inside the house. [snorts] The noise goes through my kitchen where the camera is. I have a picture here. I put something up because he shouldn't see who's coming into my yard. The noise goes to the bedroom, so I can't sleep. I can't cook in the kitchen. I can't watch my TV in the living room. We can't go to the basement and sleep because we're still listening to it. And 149 Greenwood Drive, who couldn't be here tonight, who's the new owner, was there in October. And he asked me, "Where is all that ruckus coming from?" I said, "Charles, that's 141 Greenwood Drive." He goes, "I just moved here and I don't expect to hear this." So the volume is it's untolerallable, but I get the worst of it because I'm right next to it. So he'll move the speaker, the entertainment more towards the garage, which towards northwest. So 70% of that travels inside to my property. So I get it the worst. I was told by one of his sons that all you have to do is just close the windows. I explained to them, these used to be summer homes. I'm here 30 years. We're not used to this volume. We We're just not used to it. Has the neighborhood changed? Absolutely. The neighborhood has changed. Families are growing bigger, extended family, whatever. People entertaining, you know, there's no parking anywhere. I understand all that, but they need to understand that they're not the only ones on this property here. It's affecting it's affecting the piece. a lot of people selling homes and a lot of the other neighbors, they didn't come tonight again cuz they are intimidated. So, I don't have a problem what it is they're planning to do in their house. Extend the basement, put more people,

put a kitchen in there. Who knows? That's on the other side. My concern is I'm getting to the point. He requested a patio, a cazbo, and a deck, which the gentleman here did not bring up in his application. Right. Am I correct? Or did they drop that part of the application? He didn't approve. Yeah, he didn't.

Right. patio, deck, and gazebo. There isn't a gazebo there already. It's less than six feet from my sideyard. I don't know the town code. Again, more towards the northwest. My question regarding this gazebo, I want to know if you approve his permit. Will you be there to guide them to let them know how close they can be to anybody's neighbors around them up to building code? Of course. Up to building code. We don't want a safety hazard here. And also if they're building another gazebo is this gazebo is now gonna extend more towards my property because I'm the one that's getting the worst of it. And quite honestly I have a target on my back right now because all he says I only have a problem with you. No, everybody has a problem with you. It's just that I've been there the longest and they come tell me about it. I don't own the community. I love the community. I love North Babylon. North Babylon has changed. It breaks my heart because North Babylon has changed. Again, I don't have a problem with them with how many people they want to have in the house, even though it's a safety hazard. It's a one family home, not a six family building. I need to know where this gazebo is going to go. It's my main thing. And where this patio and this deck that they're going to build, is it going to go past towards the garage? Because I got a problem with it. I'm I keep telling him, listen, I'm not I'm not two acres away from you. I'm right next to you. [snorts] So, I need to know where's this gazebo is going to be built. Is it a a year- round enclosed gazebo with music all the time? Entertainment all the time? It's I'll give you an example. Summer, everybody's entertaining. When they do their entertainment, everybody around them has to shut their music and everything because because they're entertaining everybody. So, nobody else can entertain in the backyard on the summer. On a Sunday, I can't go sit in my backyard. I've been there for 30 years because I have to hear this ruckus at 6:00 in the afternoon on a Sunday when you're ready to unwind and go to work.

Again, they have an extended family. It's their home. I don't care about that. As long as no fire destroys the the community, I need to know where this cazibbo, patio, and deck is going because again, we have to get along. It's got to be a peaceful I mean, we're in the suburbs, right? And so just be respectful and just because you moved the speaker to the garage on my side of the property doesn't mean that it's not loud. It's loud. It's going through my whole house even on the other side and 149 can hear it. So that's what that's basically why I came. I need to know this measurement of the gazebo and how if you approve it where this thing is going to be placed. Can it be placed in the middle of that backyard so that the noise is distributed?

Well, it's existing already. It's there. It's building to maintain it. No, there's one there already, but they requested to build one. No, it's just a separate cazo. We don't have that. That's not on this application. Oh, okay. Requested to legally maintain the existing back. Okay. So, the deck that they requested, it's there already. It's all existing. It's whatever is there. They're just legalizing. Trying to legalize it. Yeah. Oh, so that's not legal. That small deck that they have back there, it's where it's at. It's fine. It's just um the coverage, the rear yard coverage, they exceeded. So they're here for relief. Yeah. Okay. Because I believe that the lady that he's he's this lady here, I believe.

Yeah. You were the one that was measuring this summer, correct? She was measuring. You got to talk to her. So I just wondering if it's it's existing. I don't care. I just want to make sure that this whatever it is that they Yes. Nothing new coming in. Nothing new coming in. Okay. So, and like I said, I I bought some pictures because I just want to show the proximity if I may. You can hand them up. We'll put them make them part of the record.

You want those back or can we keep those?

No, you can keep those. Just trying to, you know, you I know you guys know how close we are to each other on certain parts of the block and whatnot. And this one I unfortunately I couldn't get to print it. This is the picture that faces my kitchen. Let's see if I can get it. Unfortunately, I can't I can't show I cannot show this to to everybody. But this this is my property. They have the camera here. It goes here. You can see who's coming to my yard. So I put up makeelieve trees here so that I get privacy. So on this side of the yard, aside from the noise, I can't sit back there and read or do anything because that camera is recording my conversation. I have no privacy. So I I don't understand how this gentleman hasn't seen the camera, but and I had told him to Mr. Rya to please lower the camera a bit that it was facing my property and my backyard when the wind hits my kitchen and the backyard. I have no privacy. So, [snorts]

I wanted to show you, but I unfortunately I didn't get an opportunity to to print the camera, which by code. Is there a code for this camera or do I have to call SuffK PD? How many bedrooms are in the house? In my house? No. In his house? Yes.

Before they moved there, because I've been there 30 years, it's always been four bedrooms, unfinished basement, no entrance from inside the garage into the house. Um, there was never a bathroom in the basement cuz Greg Lim lived there and then Crystal and Chris just moved out two years ago and they didn't do any work in the house. Like I said, it's their property. You want to approve it, I don't have a problem. It's just that they have to have a little consideration for the neighbors around them and start targeting me that I'm the only one complaining and I don't know if anything could be done about the camera. Unfortunately, I I didn't have the opportunity. I I can show you from the phone, but unfortunately

I do have a picture that was submitted on the record uh of the camera. And did you get the picture of my kitchen that it turned right and that turned into my kitchen which I put a cardboard on the window? Hold on. See if I find it here right now. I'm sorry. So, this was the window. We'll ask.

Thank you. Thank you. Would anyone else like to be heard on this application? Name and address for the record, please. My name's Teresa Danks, 132 Parkdale Drive. So, I'm diagonally behind. Behind? Do you affirm to tell the truth? I do. Okay. What would you like to tell us?

Um, I came in to find out more. It said it was increasing from 20% to over 30% building area. And that concerned me. That's an increase of over 50%. Um that it seemed like a big increase in building area, but you say it's already there. Um it seems like they're installing two egress windows wells and um that sounded like they were putting more people in. I heard you say you were going to require that they not have a kitchen so that it can't be a second apartment because that's always a concern when you have an outside exit. Um, and the other one is is diminishing the setback from 12 feet to 7 feet by putting in the window sill and that or the window well. And that concerns me about being able to get emergency vehicles between the buildings if there's a need to get emergency vehicles in. Now the diminished setback means there's less space for um emergency vehicles if there's that need. So generally I was just concerned that it was increasing the density in the neighborhood and um I don't see why they can't put a window well out the back. I mean, if [clears throat] you have to cut into the deck by a couple of feet, but um so I was I was concerned about that increased density, the increased building space and not having um an extra legal apartment in the basement or anywhere else in the h in the building.

Okay. Anything else? No, that's it. Okay. Unless you have questions. Thank you. Would anyone else like to be heard on this application? the racket on.

So, what's going on here? Uh, I cannot answer for the noise and all that stuff. You know what's going on? I'm just really the architect to trying to uh get what the uh client is asking for. Um the the the reason why the the the uh the the egress windows are being put on the side is because there's no way to put them in the back. There's the house is the main house is a twotory house and then there's an an a one-story addition in the back on grade. So there's no way to put the uh the the egress on the backside.

Is anybody here that can explain to us about what's going on? Unfortunately, there's no one here from the uh from the house. Um, so are there still only four bedrooms in the house? There's still only four bedrooms. There's two downstairs and two upstairs. If we were to schedule an inspection, would your client agree to that? I don't see why not. The uh inspection came this somebody came this week and they they there was a complaint about a stove in the garage and they came and let you let them in. So

let's go back to the basement. What's what's the purpose of making rooms down there and putting in a three-piece bathroom? So there's the, you know, as the house is small on itself. It's it's only uh a little over a thousand square feet on the first floor with two bedrooms and and and a little bit on the 600 on the second floor with two bedrooms. Uh there's seven people living in there. Uh they they'll like to be able to use the uh the basement without without extending the house. That we're not we're not extending the the house. We're just using what's there now. How many people in the house drive? Does the driveway accommodate all the vehicles or are they parked out in the street?

No. The uh well the the there there's a onecar garage is a deep. You can almost put two cars in that garage and and then the driveway you could put another two cars. So there is sufficient parking. I I believe so. Does everybody drive in the house? Not everybody. We have a 12y old. you have a an elderly person, a good grandmother doesn't drive. So, five out of the seven,

I will say five, maybe four out of the seven drive. I don't know if they have cars, though. So, you do understand that your client is seems like not being a good neighbor here. I I totally understand the aggravation she's going through. It's just something I I could only advise the my client. I could go to him and tell him be a good neighbor, but I, you know,

well, maybe his client should have been here, but since he's not, so um I'm going to ask you to go back to your client and I'm sure he knows already. But regardless, at least make it known, you know, that this is a problem. All right, any other questions?

Okay, we're going to close the hearing. We're going to reserve decision. You'll get the decision in the mail. Thanks. Thanks for coming down. Next application is application 25240 of Robin Held property located in Deer Park. [snorts]

Name and address for the record, please. Uh, it's Robert Held and the address is 132 Pineacres Boulevard in Deer Park. Okay. And do you affirm to tell the truth? Yes. For the record, we have a planning division memo dated January 6th, 2026. Environmental control memo dated January 14th, 2026. If approved, this application will not result in significant impact survey by Michael Scaliz dated July 17, 2025. Tax map acting as an area map and chairman, there's uh four photographs by Daniel Burko dated September 26, 2025.

Okay. What would you like to tell us about the application?

All right. Unfortunately, my architect called in sick. We basically know. [laughter] I'm sorry. I've never done this before. So, um, so I inherited a car collection from my dad and I want to be able to store him on my property. Um, I recently sold his house around the corner and I had about the same size garage there and I want to build it onto my property now. Um, so, uh, basically, um, the problem was with the setbacks, um, if if I did move it, uh, 3 ft forward, it'd be really tough to get into it, uh, on the property. Um, the height of the garage, my architect changed to 14 ft. So, um, we we did that. Um, and also, um, making the garage smaller, um, would impede me putting tools and being able to open doors on the cars and stuff like that. I also have his motorcycle, too, I have to put in there, um, which I'm riding now, but that's it. Um, um, as far as the deck, the deck was there since 2007. Um, but we went through with trying to legalize it anyway. um because uh they the examiner didn't know if it was there or not and whatever. So um nervous. Um so

relax. We're not going to beat you up.

All right. Um my camper is it's a it's a recreational vehicle. They someone mentioned it in the in the thing. It's we we use it. It's right now it's stored. It has a cover on it and it's parked. It's legally parked. I can move it at any time if I want. Um, and then they mentioned an accessory building. That's actually a ATV trailer I use as well. Right now, I would probably be getting rid of it because they can put the ATVs inside and I would rent an open trailer because it would be way easier and cheaper. Um, they're maintaining that one. Um, the camper I'm probably selling in the spring because we don't go as much anyway. So, it may not even be a concern for this matter. Um and uh that's really about it I think.

Okay. Thank you. Turn hearing over to Mr. Montigio. How are good evening? Thanks. You answered basically all the questions that I had for you about the size of it. Um you know, you have the the two variants that you want on the lot side from the side and the rear. You know, you got to give us one of them. I mean, you know, give and take a little bit. I mean, you can move it up three feet. You would lose that variance right there. If I just move the whole garage up three feet. Okay. Um um what if we uh what if I moved it up one foot and I cut it short a foot or if I That's working. That's working with us. That's Yeah.

Um did you have the the new plans saying it's 14 ft? Yes, I think he submitted them, but I also if you submitted that's fine. Yeah. Yeah, he submitted them. Um, when he submitted them, I don't think the office received it. Oh, he uh said he did it two or three days ago. Yeah, actually I saw it. I was copied on the email with um Hang on. Have to be submitted hard copy right now. Oh, they do? Oh, okay. Maybe he didn't do that. Okay. All right. Uh yeah, and I don't have a hard copy of them. Okay. Either way, for now, I think I No, you know what? I do. They're just not in the correct format. I printed. Can I

If you're going to make other changes, you can wait and submit all at one time. Okay. All right. Um, if this application was approved, there'd be no hless space in the garage. You agree to that? Yeah. No. Um, no plumbing, no plumbing at all in the garage. No. No commercial work at all. Just personal vehicles. Yeah. No. Um, and the rear the rear second story deck not enclosed at all or or below. No, absolutely not. That's been that way for since at least 2007 that I know. You just have to drawings. You just got to submit the new drawings with the the change of the location and 14 ft versus 16 ft. Okay.

And the ATV trailer or shed would have to be addressed before you get a CO if they approve the garage. Okay. It's not shown in the survey, so that would come up as another Oh, no, no, that's a movable trailer. Okay. Yeah. Yeah, that's a I think there's two there's two sheds in the property. I think these shed in the back and the shed in the corner. Yeah, the one shed's going to be removed. Obviously, the garage is going there. The other one I'm going to remove as well. Do I have to do that immediately or can I do it towards the end because the stuff done before you get a or get a Right. But I can build and then transfer the stuff into there or basically Well, no. I guess yeah, the stuff from that shed's going in the garage. [laughter] That's the plan.

I could do something with it earlier. I'll take it down. It's fine. I have no further question. Mr. Chairman, any other questions from the board? Would anyone like to be heard on this application? The record, there are none. So, we're going to close the hearing, reserve decision. We're going to keep the record open for your new plans that you're going to submit showing the changes. Okay. Once we have that, then we can look at the application. All right. To be clear, we can move the rear to Is it okay to be seven foot? I can take a foot off and move it a foot forward. Or or what if I

if I take two feet off the other side and move it over a foot? Any either way. If I if I make it to 8 foot on one side, you're okay. The side the side is 8 foot. The rear has to come up. So the rear only make that 8 foot and we're okay. Correct. Okay. All right. Thank you. Okay. Thank you. Have a good night. You too. Thank you. Good job. You want to be an expediter? [laughter] What? I said, do you want to be an expediter? You could do other applications.

Next application is applications 25236 of Donald S. and Terresa M. Skew property located in West Bab.

Name and address for the record, please. 127 Kellum Street, West Babylon, New York. 11704. My name is Teresa Ski. Uh, do you affirm to tell the truth? Yes. We'll direct that. We have a planning division memo dated January 6, 2026. Environmental control memo dated January 14th, 2026. If approved, this application will not result in significant impact. A survey by Lawrence Michael Haynes dated August 8th, 2025. Tax map acting as an area map and

chairman. There's eight photographs in the site plan by Kurt Jacobs dated September 12th, 2025. Okay. What would you like to tell us about the application? We're requesting a second story addition to our house, to my house. My son and daughter-in-law and granddaughter are going to come live with me. That's [snorts] it. You're just going straight up. What else? Straight up. I live there by myself now and they're going to come live with me. So you Okay. All right. I'll turn the hearing over to Miss Corkas. Hi. How are you? Good. Good. Um, so the dwelling, is it going to remain single family?

Yes. Owner occupied? Yes. They're coming to take care of me. What's that? They're coming to take care of me. Good for you. Um, how many people did you say were living in the home? It's you, your son. No, it's just me right now. It's going to be my son. Okay. His wife and my and their child. One and a half year old granddaughter. Okay. And are you intending to um rent at any time or file for an accessory rental permit? No, not at all. And excuse me, one kitchen. One kitchen. Is there any plans for another kitchen in the home? No. No. Uh, when did you purchase the home?

Uh, 43 years ago in 1983. Okay. Um, when was the outside seller entrance constructed? In spring of 2017. 2016. Um, there's only a two-piece bathroom in the basement. Yeah. Sink and toilet. Okay. We used to have a pool and it was easier to go in that way than coming through the whole house. Um, question. Can the stairs be redesigned to face the rear yard? Not really. Um, the larger shed on the west side of the rear yard. Um, what's that going to be used for?

It's going to be taken down after we get the upstairs done in the attic put in. Okay. The other one's been there for 40 years. Okay. The little one that was our pool supply shed. Um, and the patio installed what? What year? Do you know this? The patio? Mhm. Under the second shed. Yeah. No, that was there when we bought the house. It used to be a dog run and all we did was take down the fence.

Um, And question for you. Uh, if the application were to be approved, would you agree to the following conditions that were listed on the planning memo? Did you have a chance to read that? Um, no cooking facilities permitted in the basement. Two-piece bathroom only permitted in the basement. Basement to remain an open undivided area for recreation room. Uh, and storage use only as per the applicant's plans. If sheds are ever in disrepair, taken down, they must be rebuilt in a conforming location. Yes. Yes. Okay.

They're like, not Tuppware, uh, uh, like Rubbermaid or Suncatcher. They're like plastic, but heavy duty plastic. But if they were ever eyes saw, we would definitely get rid of them. Okay, perfect. Um, or in disarray. No further questions, Mr. Chairman.

Any other questions from the board? Would anyone like to be heard on this application? The record. Okay, we're going to close the hearing. Reserve decision. You'll get the decision in the mail. Thanks for coming down.

Thank you very much. Uh, next application. Last application. Application 25239. property located 45 East Industry Court near Good evening, Mr. Chairman, members of the board. For the record, Nicole Blander. I'm an attorney at Bazelle Bland Viscanti with offices at 535 Broad Hollow Road in Melville.

For the record, we have a planning division memo dated January 6, 2026. Environmental control memo dated January 14th, 2026. Uh if we were to approve this application, it would need a negative declaration. Fire marshall's report dated January 15, 2026. Okay. So there's a there's a laundry list. You have the fire marshals report. Yes, I do. Okay. Most of which, if not all, have been addressed already. That's if you look at the date, it's from September. If they say it's January, but the actual report and violations date back to September.

September. Yeah. Okay. Okay. Uh survey by John Robinson dated May 1st, 2013. Tax map acting as an area map. And chairman, there's five photographs in a site plan by George Badger dated October 2025. [cough]

Okay. [clears throat] Like to tell us about the application. I'm here tonight on behalf of Subzero Insulation and Refrigeration Technologies LLC. They are the tenant of the property because this is an an IDA uh property. So, the Town of Babylon Industrial Development Agency is actually technically the owner and then they lease it back to um to my client. We're seeking a special permit for a public garage as well as a parking variance. Uh the property is located on the east side of Industry Court um about 262 feet north of Grand Boulevard in Deer Park. It's zoned industry GA. It's over in that industrial pocket that's just east of the Tanganger outlets. So it's surrounded by industrial um and then is also uh it borders the town of Icelip. Um it has a lot area of an acre. It's presently improved with a 19,722 square foot one-story building. Um, Subzero manufactures refrigerated vans and trucks. Um, they have they produce temperature controlled vans for all types of clients. Um, including franchise clients, uh, corporate fleets. You would notice them on the road as edible arrangements or bors head. Um, any kind of delivery or sprinter van that you see that might be refrigerated, whether it might be stop and shop or a grocery delivery service, they um, basically upfit vanilla box vans um, to spec. So, if a company, let's say I'm going to use edible arrangements, they come in, they have uh their specs for how they want the inside to be. Um Subzero then installs um insulation panels inside to keep the um internal temperature of the van at whatever temperature it needs to be to keep those items um cold. So, that's basically what they do there. Um they are not open to the public. So this isn't it's kind of like it's it's hard sometimes for people who aren't in the zoning world to understand like public garage. We think of your your local mechanic, your local

auto body shop or auto repair shop. Um so they were not aware when they came to this site that they would actually need a special permit for a public garage. Um they thought because they don't work on engines, they don't do oil changes, they don't, you know, do anything really mechanical in that sense. they just kind of deal with the inside and putting uh insulation panels inside vans and then um delivering them to the customer. Um so that's kind of that's their basically their business model or their business operation. Um so we are seeking the special permit to be a public garage. Um we fall under the portion of the code's definition as far as equipping vehicles or storing vehicles. And so that's what's triggered the special permit here. Um they do store some of the vehicles. If you look at the floor plan, you can see when they're working on these vans, they're inside. There's various uh bays for those vans. Um and then there would be um some outside storage in the rear which is permitted in this zone. We don't need a variance for that. Um but those uh the outside storage of the vehicles will affect some of the parking that uh we would have on site. Um, so we are proposing 16 spaces on site. Technically, we're required to have 53. The bulk of the square footage of this building is uh I guess you'd call it, you could see it on the floor plan is where the vehicles are actually being uh fitted out. And then we have some office space. We have a kitchen break room, a a large conference room, and a a sort of um employee lounge, what would be an employee lounge area. Um there's six spaces in the front. There will be there's 10 in the rear. Right now, there's only about 17 employees, but 90% of them either come by carpool, bus, or ebikes and scooters. There is a bus stop on the corner of Grand and East Industry Court. So, a lot of them do come um by that route. But in addition, some of these employees are out

delivering vans during the day, so they're not even on site. Um and there is parking on street in this area. if you're familiar, there's West Industry Court and it kind of rings around and then there's East Industry Court. Um when I've visited the site, I've actually just parked on the street. There's no uh limitation on that. So that is another option. Um but given the uh amount of employees for this uh use, we don't feel the parking is a problem and there is overlap. So, in other words, whoever is working in um let's say the vehicle repair area, they're also using the the offices or the break room or the conference room. It's not like they're separately staffed. Um so, we wanted to create a site plan that would work here to also allow for some outside storage in the rear. And we do feel that um that the parking we have would be uh sufficient. Um again, this is an industrial area. As I pointed out, we are near Tanganger outlets. There is another um there's an industrial use to the north. It's called design wraps. They also deal with um vehicles. To the south is another manufacturing use. Um so it's this is in character with this area and would be appropriate uh for this area. Um in terms of the fire marshall memo, we've been actively working on that uh since the end of September. Um they engaged with a company called Action Hazmat. They've dealt with the health department and the state dec. We have just gotten a no further action letter. So, um we've been dealing with the town dec. Um and then we also have got he has a licensed electrician that worked on the electrical. We submitted our underwriter certificate. Basically, what I'm saying is we've been working closely. Uh I actually spoke to the fire marshal earlier today and we're going to be trying to set up an inspection for next week, see if we can get them reopened. Obviously, we're hoping tonight goes well. Um because they have been shut down since the end of September and

obviously it's very difficult to keep your business afloat if you've been shut down for, you know, over four months now. So, um they've been trying I've been working with them since the get-go and I can say that they've been diligently pursuing trying to figure out uh you know where things went wrong and and how to fix them and make the different uh agencies happy. So, um, you know, we respectfully request the special permit be granted. We understand it would be granted for the initial year, you know, and then we'll come back. You can see how they're doing. Um, and again, we don't feel that the parking variance. Um, we feel that it works here for this site for this particular use, particularly because the site isn't open to the public. They don't have customers coming in, you know, like you would a normal public garage. Um, so if there's anything I haven't covered or any questions the board has, you know, I'm here to answer.

Okay. Thank you. Turn the hearing over to Mr. Montigio. How are you? Good. How are you? It seems like you have everything in the right direction trying to get everything legalized and do the right things like you should be doing. Yes. Um, there's no auto body going on there. No, no spraying, no No, there there was a small spray booth previously for spray foam within. Um, they're now farming that out. So, they've removed that booth entirely. that um part of their business is now being subset uh sub subbed out to another location. There's no like showroom where people can come see anything or there's no you know public coming there to look at basically they know what they're coming there for.

Exactly. Yeah. They have they're like a nationwide company. They're known um I believe they're one of the leading manufacturers if not the leading manufacturer. If you look at their website a lot of good info on there but um but right there's they're not having a showroom where people are coming in and so the parking is not really an issue. No. Um I mean if it was was approved we give a one year the subject of the standard CNR for public garage. Yes. We went through the I I had them look at the uh standard covenants. I have no further question. Mr. Chairman, any other questions from the board? I have a question. Two questions actually. So in the picture that you have up there, are you going to be applying for outdoor storage for those vehicles or are they not going to be there or they are going to be there?

So if you if you look I'm sorry Katie, you want to do it? The site plan shows eight. Yes. So, um I don't know when that aerial is from, but that was, you know, part of what we're uh cleaning up and doing. So, in the rear along the property line, we're proposing to have eight spaces which would be dedicated for outside storage, but we don't need a variance for it because in the industrial zone, as long as you're in the rear yard, it's allowed, but it does affect our parking. So, it's part of our parking variance, but um but so yes, there will be outside storage. Um but it would be uh you know neater than what you see there. And then there's going to be striped parking on the north side and the south side.

Okay. Um and also another question on the fire marshall report. If you see number five property not to be used for apartment housing habitation. What was there somebody living there or or was there something going on that they would write that? So there was there is a kitchen um and it was used as a break room, but it was also kind of used for the business owner to stay over at times. It was never rented out to any like member of the public. It was always utilized uh late nights, things like that. The ability to stay over, shower, be there early in the morning. Um so but that is being completely uh redone. So there's no So the space that you see on the floor plan will still be there, but it's not an apartment. It won't be utilized as an apartment.

Okay. Thank you. Would anyone like any other questions from the board? Would anyone like to be heard on this application directed? There are none.

You got to wait for the final motion. Correct. So, it's kind of like a chicken and the egg situation. Prove subject two. Okay, we we'll hold it. [clears throat] Okay. And if I can just ask um I know you're not meeting in February. It would be really really important if you guys could discuss it before you understand because then that's a whole another month of waiting to reopen. Nope. We got it. When I spoke to the fire marshal, he did indicate he was hoping to get out there next week. Okay. Okay. Thank you. Keep the record open for fire marshals. Thanks. Okay. Thank you. All right. Have a good night. You too.

You know what fire you spoke to? Uh Morgan Davis. Yeah, he's going to be I think he said they'll be out tomorrow and then Monday obviously you're closed, but he was going to uh contact me Tuesday. Okay. Hi. You too. Nothing tonight, did we? Good evening, Mr. Chair, members of the board from the office of the town attorney, Pamela Green. Would the board like to revisit any of tonight's reserved applications?