[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6036700,"mediaKeyId","5045468-6ef20f144f3181fceacd4411b4257550","parentId",5045468,"title","Mastic Beach neighbors press BZA over reinstated variance and unfinished permits; board holds matter","audioSeconds",1214,"startMs",2592000,"endMs",3806000,"viewUrl","/Search/View?dp=1&key=5045468-6ef20f144f3181fceacd4411b4257550&start=2592&end=3806","thumbnailUrl","https://assets.pipeline.soar.com/5045468-6ef20f144f3181fceacd4411b4257550/thumbnail_2592000.jpg","articleUrl","/articles/6036700/Town-of-Brookhaven/Suffolk-County/New-York/Mastic-Beach-neighbors-press-BZA-over-reinstated-variance-and-unfinished-permits-board-holds-matter","mediaUrl","https://secure.pipeline.soar.com/6036700-b38cdfb776e1971654884308a58700e0/orig.mp4?Expires=1770783654&Signature=bu0yMx2iZJRPCrtWETmMDpEjewXSZizxpiuS8steHdkL7tvOb9V7L3tukrZS~7igRZId0zRHJzrNmwOR74gCErQEprsyncws5Q3RlwAqQ162IBl0vp2If0oYH7p4BBL1ce2quoKg5E424Rhjj-Vz2iiHQfDdqUo7hN4-GNwyL6WyfEG0lHifeREwVScURFMr5eYlOkaF4pd7BIr0OTYsYePLGzy47GtQqtRhRwJ5dcxP5Brd9f0hpNHOHELGKQn7IG-N83REV58eKdamxdI5-PFccORiOS7Vv~YzA49jxoY42qUESzf4CLDNAhRnT5FfpykQuX5XDqa5Nvl2CFDASg__&Key-Pair-Id=KUT5TJCACFTXG","author","Town of Brookhaven Z","date","2025-05-14T00:00:00Z","article","A contentious hearing at the Town of Brookhaven Board of Zoning Appeals on May 14 drew several residents who asked the board to deny an application to reinstate a prior variance and approve a small additional rear-yard encroachment for a renovated home in Mastic Beach.

The applicant, represented by agent Sharon O’Brien, asked the board to reinstate a variance previously granted in 2022 and to permit a 3-foot difference in rear-yard depth to accommodate a rear entry deck. The 2022 grant had allowed construction to proceed; the agent said the project stalled when a principal owner fell ill. O’Brien said her clients are working with the Suffolk County Health Department (wastewater management) and other town departments to obtain the remaining approvals needed for a certificate of occupancy.

Neighbors spoke strongly in opposition. Mastic Beach resident Maura Sperry said the property was built illegally over many years, has been the subject of stop-work orders and complaints, and remains out of step with current post-Sandy code requirements. Sperry said she delivered “100 signatures” opposing reinstatement and argued the house should be demolished and rebuilt to meet current code. “I do not think, after 3 years and them not being able to get proper permits…that you should grant this variance,” Sperry told the board.

Another resident, Craig Krage, reiterated concerns about precedent and the neighborhood impact, and raised procedural objections about how public posting for the hearing was handled. The applicant’s agent, Sharon O’Brien, said she had been working with wastewater management and other town offices to renew prior applications and obtain the outstanding health-department approvals. She said the prior variance had been granted but that the owners subsequently sought extensions that were not acted on because of the principal owner’s medical condition.

Town planner remarks in the record noted the application is an unlisted action under SEQRA and described a revised land-division/variance history for the parcel; staff had recommended the board may wish to incorporate prior hearing minutes and to consider mitigation as appropriate. During discussion, board members questioned whether health-department clearance and other departmental approvals had been obtained and noted that any building permit would remain contingent on Health Department sign-off.

At the hearing the board incorporated the minutes from the prior 2022 approval and then took public comment before moving to close and hold the matter for a later decision. Chair Howard Berkson made the motion to close and hold, which carried on a voice vote.

The record for the case includes the 2022 decision, the applicant’s revised plans and surveys, correspondence with the Suffolk County Health Department and documentation of neighborhood correspondence and complaints. The board’s written decision will assess whether the reinstated variance and the requested two- to three-foot change in rear-yard setback meet the legal standards, and whether unresolved health-department or procedural issues require denial or conditions.

","mediaType","Video","parentTitle","Zoning Board Meeting - May 14, 2025","oneSentenceSummary","Neighbors, including a group presenting signatures and accusations of code violations, urged the board to deny reinstatement of a prior variance for a rebuilt home at a Mastic Beach property; applicant's agent said work and wastewater approvals are in progress. The board closed and held the case for decision.","taxTitle","Town of Brookhaven, Suffolk County, New York","taxId",53859,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6036703,"Brookhaven BZA hears contested requests for cannabis retail near existing approvals; board holds cases",8274,10956000,19230000,"/Search/View?dp=1&key=5045468-6ef20f144f3181fceacd4411b4257550&start=10956&end=19230","https://assets.pipeline.soar.com/5045468-6ef20f144f3181fceacd4411b4257550/thumbnail_10956000.jpg","/articles/6036703/Town-of-Brookhaven/Suffolk-County/New-York/Brookhaven-BZA-hears-contested-requests-for-cannabis-retail-near-existing-approvals-board-holds-cases","https://secure.pipeline.soar.com/6036703-431a53410f92f5695416b926b52d6d48/orig.mp4?Expires=1770783654&Signature=k5M5~pzx0wZUNvM0HPm1PVof6T7YkKGRU0dDunM06fEo3jhIRazneinosKCNZI-Q8yvkP8EL7zXtOtnsQwD2Z0TOC4NiQ3hhMv36sKITBdl9apMa8021bE7ahvsl8etHrCgzMirc9jHoIvB~CaJ-RLmabaEE3mAd3mXkERUDKKF2QwxjK5gfryJOHHiTeyJgMXHdHW-CIVxK2RophYrhURlTc~l00FcHWTjl5vGB55ugRpdQPZA61TxaGcbP-3b3aLM17F9NuDFwRm7dxcR1N3driamHNXT5Uopd~O~lhnmMBHM6AnPhvuF9OAHW2~-6rhYOlEqI8r9SVtgfrwBdsQ__&Key-Pair-Id=KUT5TJCACFTXG","The Town of Brookhaven Board of Zoning Appeals on May 14 heard extended argument over two linked cannabis retail special-permit requests that applicants say should be treated as separate state and local processes.

The debate centered on whether a previously approved BZA grant tied to 33 Old Dock Road prevents a new, nearby proposal at 28 Sawgrass Drive from receiving municipal approval and state “proximity” protection. Attorneys for the Sawgrass applicant said the state’s Office of Cannabis Management (OCM) will treat the identified justice-impacted individual as the controlling licensee and can transfer the applicant ID to a new LLC, while opponents warned the earlier BZA approval could still block or complicate licensing.

The matter matters because Brookhaven’s special-permit criteria for cannabis retail include proximity limits and recent town code changes shortened the period a local grant remains effective. At the hearing, attorney Thomas G. Spanos, representing the Sawgrass applicant, cited OCM regulations and said the justice-impacted individual who holds the applicant ID must have sole control of the license and “the rules are clear” about that control requirement. He added that OCM treats the applicant ID and the justice-impacted individual as central to final licensure decisions.

Larry Davis, counsel for one of the applicants, told the board his client is seeking to transfer the state applicant ID from Top Shelf Aficionados to a new entity, PSUW LLC, so the license would be associated with the justice-impacted individual and moved to 28 Sawgrass. “We are transferring it from 33 Old Dock Road to 28 Sawgrass Drive,” Davis said, and argued that the prior 33 Old Dock matter has no practical path to completion because the parcel was sold to a new owner and is now occupied by Precision International.

Attorney Thomas Spanos told the board the Office of Cannabis Management requires sole control by the justice-impacted individual and that any contrary claims in a letter submitted by another lawyer amounted to a threat to violate the state rules. “The letter…is nothing short of his intention to violate the cannabis law and regulations,” Spanos said, describing why his client’s proposed transfer should be recognized by OCM.

Board members pressed how the state and local processes interact, noting the town recently shortened the duration of local special-permit grants from three years to one. Members also asked how a previously granted special permit for 33 Old Dock Road could affect a new application when state proximity protections and ownership changes are in play.

No final determination was made on either Sawgrass or the linked Old Dock matter. The board voted to close the public hearing and “hold” both matters so members can review the legal and factual submissions and prepare written findings. Chair Howard Berkson moved to close and hold; the motion carried.

The filings already in the public record include an affidavit from the justice-impacted individual stating he will not pursue the 33 Old Dock location, an OCM email about applicant ID transfer procedures, counsel letters on both sides and site photographs. The board’s next formal action is expected after staff compiles the record and legal counsel summarizes the municipal-state interaction.

Brookhaven residents and local interest groups may be notified when the board posts its written decisions to the town meeting records; the board indicated it will prepare written findings before issuing a final vote.

","Attorneys and applicants clashed over whether state cannabis licensing and a prior BZA grant at 33 Old Dock Road block a new dispensary proposal at 28 Sawgrass Drive. The board closed both matters for later decision.","actionData","errors"]

Article not found

Mastic Beach neighbors press BZA over reinstated variance and unfinished permits; board holds matter

Brookhaven BZA hears contested requests for cannabis retail near existing approvals; board holds cases