Brookhaven zoning board grants variances for multiple properties, amends Fire Island Pines application; hears affordable‑housing proposals

The Town of Brookhaven Board of Zoning Appeals on Feb. 12, 2025, approved variances for a range of residential properties, amended a high‑profile Fire Island Pines application after the National Park Service raised federal park‑law concerns, and heard presentations from the Long Island Housing Partnership on small, permanently affordable single‑family homes.

The board moved quickly through a full calendar, granting multiple lot‑and‑setback variances for individual homeowners and small developers while holding several matters for decision or additional materials. Several approvals were routine, where applicants documented long‑standing existing conditions; others required an amended plan before the board approved them.

Why it matters: The board’s decisions enable property owners to legalize older, nonconforming structures and allow new small‑lot housing and modest additions in neighborhoods across the town. The Fire Island matter drew separate attention because federal National Park Service rules limit nonconforming development inside the Fire Island National Seashore and can, in extreme cases, lead to condemnation if nonconformities are not reduced.

Key approvals and outcomes - Laura Ecki (265 Lakeside Trail, Ridge): The board granted a Type‑2 variance to legalize several existing pool‑related structures and an unpermitted shed and deck that the applicant said had been in place for decades. Motion to grant made by Board Member Casey and seconded by the chair; outcome: granted (motion carried). The board directed that a written grant letter would issue within 7–10 business days.

- Andrew Malguinara / 713 Main Street, Port Jefferson (two matters): The board granted a request to allow a modest second‑floor addition over an existing footprint on a 50‑foot lot and also granted relief for an existing 2‑foot shed encroachment. The board noted nearby lots with similar built form and the applicant provided a 1955 certificate of occupancy showing long‑standing development on the block. Outcome: granted (motion carried).

- Fisherman’s Path, LLC / Fire Island Pines (case 4509): Jennifer Leeds and the applicant amended their application after the board received a letter from Fire Island National Seashore staff asserting that existing lot coverage exceeded limits in 36 CFR part 28 and warning that the Secretary of the Interior’s condemnation authority could apply until the nonconforming occupancy was reduced. The applicant submitted a revised survey that removed decking to reduce lot occupancy to 35% and the board amended the requested side‑yard figure accordingly; the board then approved the amended application. Outcome: amended application approved (motion carried).

- Lake Ronkonkoma Corp. subdivision (case repeated from 2021): The board incorporated the prior minutes from a 2021 approval and again granted division of a 15,377‑square‑foot parcel into two small lots, subject to the mitigation measures recommended by town planning staff. The original approval had lapsed; the board re‑granted the relief tied to the earlier conditions. Outcome: granted subject to prior mitigation (motion carried).

- Multiple owners legalizing long‑standing additions or accessory structures: The board approved variances for several owners seeking to legalize existing additions, sheds, decks and small accessory structures that had been in place for many years (examples on the calendar included applications filed by applicants such as Mark Oseman, Daniel Esposito, and others). Some items were granted; others were closed and held for decision, or the board requested revised surveys or minor plan changes.

Affordable housing and other items - The Long Island Housing Partnership presented three small‑lot affordable single‑family proposals in Mastic Beach and nearby neighborhoods. Planning staff recommended Type‑2 actions and that the modest homes comply with the town’s small‑lot specification (Section 85‑83). The board granted these applications as Type‑2 actions, enabling new, permanently affordable units that the presenter said will be sold to income‑eligible buyers and placed into a community land trust.

Public‑safety and accessibility note - One public comment in a separate case asked the board to consider emergency access and parking constraints in several Shoreham and Lake‑area neighborhoods when approving new dwellings. In another case on an undersized lot, applicant Diane Laspiso amended a proposed in‑ground pool application from a 7‑foot setback request to an 8‑foot setback after board discussion together with staff; the board accepted that amendment and closed the matter for a decision calendar vote.

Procedure and next steps - The board often asked applicants to submit revised surveys or mitigation language before finalizing decisions; several matters were continued to later hearing dates for that reason. For applications approved, the board directed staff to issue written decision letters, and applicants were reminded that some approvals would require subsequent building permits and possible highway or easement approvals (for example, for fences or encroachments into town right‑of‑way).

What the board said - Procedural motions were brief and routine: when motions to grant were called, the board generally used voice votes (“All those in favor? Aye. Opposed? Motion carries.”) and followed up by telling applicants they would receive formal letters within 7–10 business days.

Ending - The meeting ran a full docket and adjourned after the board disposed of the evening’s calendar. Several matters were continued for revised surveys or additional documentation; written decisions and permit instructions will be posted by the Board of Appeals or mailed to applicants per standard practice.

Votes at a glance (selected items) - Laura Ecki (Case 1) — Motion to grant (type 2); mover: Board Member Casey; second: chair; outcome: granted. - Andrew Malguinara / 713 Main St (Case 2) — Variances for second‑floor addition and existing shed; outcome: granted. - Fisherman’s Path, LLC (Case 4509) — Amended application to reduce lot coverage to 35% (per NPS letter) and adjust side‑yard figure; motion to amend then grant as amended; outcome: granted as amended. - Lake Ronkonkoma Corp. subdivision (renewal of 2021 grant) — Motion to incorporate prior minutes and grant subject to existing mitigation; outcome: granted. - Long Island Housing Partnership (three small‑lot houses in Mastic Beach area) — Type‑2 approvals; outcome: granted.

For details on any single case (motions, seconder, and decision language), the Board of Zoning Appeals posts decisions on the Town of Brookhaven website and issues written grant/denial letters that include conditions and any required mitigation.