Relief granted for Tennessee Court clearing limits; town orders homeowner to resolve masonry wall in highway right‑of‑way

The Town Board approved an amendment to restrictive covenants for a property on Tennessee Court in Port Jefferson Station to increase the allowable clearing limit, but town officials told the property owner he must address an unpermitted masonry wall that intrudes into the town highway right‑of‑way.

Planning Director Don Holm explained the lot’s subdivision covenant limited clearing to 47 percent. The applicant requested relief to legalize 69 percent clearing; the Department of Environmental Protection recommended allowing up to 65 percent, and the Planning Department recommended approval consistent with the DEP recommendation. The board voted to grant the amendment increasing the limit to 65 percent.

At the same hearing, board members and staff raised a second, separate compliance concern: the homeowner has built a masonry wall and pillars at a street corner, with lighting atop them, that the town’s survey shows lies within the highway right‑of‑way and obstructs sight lines. Deputy Town Attorney and highway staff told the homeowner a highway work permit was not issued for that wall; the town’s traffic safety division described the wall at the apex of the corner as a visibility hazard.

Board members directed the homeowner to obtain the necessary highway work permit or otherwise move or reconfigure the wall and remove or modify lights as needed; staff said the highway superintendent and traffic‑safety personnel would inspect and provide guidance. The board approved the covenant relief but emphasized the right‑of‑way issue must be resolved promptly; the homeowner was given contacts at the town to arrange inspections and to discuss options with the Highway Department.