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Smithtown BZA approves most variance requests, amends one garage proposal
Summary
The Smithtown Board of Zoning Appeals approved multiple variance and special‑exception requests at its meeting, carrying most motions by unanimous or near‑unanimous votes; the board amended one accessory‑garage proposal to reduce allowable height and setback relief before approving it. Several applications were deferred pending Department of Health review.
The Smithtown Board of Zoning Appeals approved a series of variance and special‑exception requests on a busy docket, voting to grant relief for multiple single‑family renovations, accessory structures and a commercial sign while holding several items until applicants supplied Department of Health clearance.
Applicants whose requests were approved included Ramsey and Muriel Kamel (Case 19312), whose front‑yard paved surface was legalized at 38 percent to accommodate a wider driveway the applicant said helps his children; Shelby Cook (Case 19313) for setback relief to attach a 16‑by‑18 rear over‑roof; Vincent Russo (Case 19315) for a detached garage setback reduction; Davies/Esteban Lopez’s application (Case 19317) for driveway coverage, shed and rear‑yard relief; Brandon Klein (Case 19319) for a second‑floor addition and existing paving coverage; and Long Island Labs (Case 19322) for a five‑foot wall‑sign height increase. The board recorded most roll‑call outcomes as motions that ‘carried’ (several reported as 5‑0).
One notable action came on Case 19320, for a proposed 1,008‑square‑foot detached garage at 178 Old Willets Path. The board and planners pressed the applicant about a tall ridge line and the close side‑yard placement. After discussing options including a lower roof pitch and shifting the building, the board amended the request and approved reduced relief: a minimum side yard setback of 12 feet (reduced from the applicant’s requested 6 feet), total side yards reduced from 60 to 33 feet, and an accessory‑structure height increase limited to 18 feet (rather than the original 20 feet). Ralph Michel, speaking for the applicant, described the interior storage needs (truck clearance and yard equipment) as the reason for the height and size.
Several applications were deferred or closed without action pending additional documentation. Board staff and the environmental analyst repeatedly noted that certain enlargements of pre‑1973 houses must receive Suffolk County Department of Health approval for septic/sanitary adequacy before the board can complete its environmental review; the board held or recorded ‘no action’ on such cases until receipts from the health department are filed.
The board also imposed a condition on one past paving case (19270), tying its approval to a prohibition on business/commercial vehicle parking at the site.
The board chair said outcomes and notices will be posted on the town website after 11 a.m. the next day and mailed to applicants whose cases were reserved for decision.
Votes at a glance • Case 19312 (Ramsey and Muriel Kamel): Approved (motion carries). Relief: front‑yard paving to 38%. • Case 19313 (Shelby Cook): Approved. Relief: front/rear setback reductions for 16×18 over‑roof. • Case 19315 (Vincent Russo): Approved. Relief: total side‑yard setback reduction 34→31 ft for 750 sq ft garage. • Case 19317 (Davies/Esteban Lopez): Approved. Relief: driveway coverage, shed, deck and sunroom setbacks. • Case 19319 (Brandon Klein): Approved. Relief: second‑floor addition and existing paving coverage. • Case 19320 (Shawn/Sean Michaels): Approved as amended. Relief after amendment: side yard minimum reduced to 12 ft; total side yards to 33 ft; accessory height to 18 ft for a proposed 1,008 sq ft detached garage. • Case 19321 (Thomas and Julia Hughes): Approved (decision recorded at meeting close) though the hearing drew objections from nearby neighbors during testimony and required health‑department review in earlier exchanges. • Case 19322 (Long Island Labs): Approved. Relief: wall sign height 15→20 ft (34 sq ft sign).
What this means: Most homeowners seeking modest expansions, driveway adjustments and accessory buildings received relief on the basis of existing nonconforming conditions, proposed mitigation (screening/drainage) and staff recommendations. Where state or county health approval is required for sanitary impact, the board held final action until that documentation is filed.
A copy of the full roll call and conditions will be available on the town website and by mail to parties of record.
