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ZBA reserves decision on Wyandanch variances for basement entrance, shed and window well

5935207 ยท August 15, 2025

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Summary

The board reserved decision on application 25112 in Wyandanch, which requests variances for a reduced east side yard for a window well, reduced rear/west distance for a shed, and permission for a basement entrance; the applicant's designer said these are preexisting conditions the owner inherited.

The Town of Babylon Zoning Board of Appeals on Aug. 19 reserved decision on application 25112 for a property at 90 State Avenue in Wyandanch after hearing testimony that several nonconforming conditions were present when the current owner purchased the house.

Juan Medina, designer of record, said the owner, identified in the record as Mr. Juana Acuna, purchased the property about two years ago and inherited the conditions now under review. Medina described the requests as a reduction of the east side yard from 10 feet to 0.4 feet to accommodate a window well, a reduction of the rear/west distance from 6 feet to 2.4 feet to allow a shed, and permission for a basement entrance in the west yard. "He recently purchased this property roughly 2 years ago. He was completely unaware that these issues existed on the property," Medina said.

Board members questioned whether the basement had been finished previously, the shed's height (the designer confirmed the shed height is 13 feet 4 inches), and use of an adjacent Suffolk County-owned lot that appeared to serve informally as a driveway. The board also clarified basement-use limits: a two-piece bathroom in the basement was discussed and the applicant agreed to restrictions limiting cooking and sleeping in the basement; the board emphasized those limitations as part of any decision.

After questioning, the board closed the hearing and reserved decision; it will issue a written ruling by mail once it reviews the file and any additional documents.