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

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.