A picture of the property Tsunis proposed to be annexed. The upper gray portion indicates the Incorporated Village of Port Jefferson. File photo.
By Sabrina Artusa
The property owned by Northwind Group will remain under Brookhaven jurisdiction. The Village of Port Jefferson Board of Trustees and the Brookhaven Town Board voted against the annexation proposed by the developer.
Developer Jim Tsunis and his son Demetrius petitioned for Brookhaven to annex the property to the Village of Port Jefferson, which would enable him to develop a 48-unit apartment complex. After Brookhaven rejected the zoning change that would authorize the project, Tsunis initiated the annexation request.
In March, Tsunis, his son and his attorney addressed both the Town of Brookhaven and the Village of Port Jefferson in a joint hearing, where he and his attorney Michael Towey argued that the annexation would prevent the village from being impacted by any future development decisions the town would make. His 5.6-acre property off Baylis Avenue and Sheep Pasture Road is only accessible through the village.
The elder Tsunis addressed the board one final time on May 28 at a trustee meeting, prior to their vote. He urged the board to vote in support of the annexation.
Brookhaven voted against the petition on May 22. The resolution findings state that the property and village lack “requisite unity of purpose and facilities to constitute a community.” This conclusion rests on the feedback from civic groups, concerns from the Terryville Fire Department and the disunity annexation would create for children who would live in the Village of Port Jefferson but attend Comsewogue School District.
Further, the analysis states that “constructing additional residential dwelling units immediately adjacent to an active rail yard, where trains idle even when they are not moving, is not in the overall public interest.” The Baylis property sits next to the Lawrence Aviation site, where a new rail yard is set to be built, pending the MTA’s completion of purchase.
“A vote against this annexation will burden the residents of the Sheep Pasture Road with the future of industrial buildings, trucks and traffic,” Tsunis said. “Don’t yield to the political pressure of the town of Brookhaven.”
Other residents reiterated opposing arguments, warning the board that a yes vote would set a “dangerous precedent” of “municipality-shopping” when a proposal is rejected. Kathleen McLane, a member of the Port Jefferson Civic Association, said Tsunis is “presenting a false choice” in implying the land will be used for industrial purposes if the annexation does not take place.
Tsunis has said that his motivation for the annexation is unrelated to Brookhaven’s rejection and solely for the best interest of the village where he resides.
At the public hearing in March, Tsunis received over 50 letters of support. Supporters had mentioned that additional housing will help revitalize the community.
A picture of the property to be annexed, screen shotted from the Town of Brookhaven’s online map application. The upper gray portion indicates the Incorporated Village of Port Jefferson. Photo courtesy the Town of Brookhaven website
By Sabrina Artusa
The Incorporated Village of Port Jefferson Board of Trustees and the Town of Brookhaven Council met for a joint public hearing for the prospective annexation of the Port Jefferson Station property on March 6.
James Tsunis, owner of the 5.6-acre parcel next to Baylis Avenue in Port Jefferson Station, initiated the historic hearing between the entities when he requested that five plots of land be annexed to Port Jefferson village. The last time the two entities met for a joint hearing was in 1978.
Area in question is highlighted during the meeting on March 6. Photo by Sabrina Artusa
Tsunis and his company, Northwind Group, intend to develop the area into a 48-unit multifamily townhouse complex, which would be impossible under Brookhaven’s current industrial zoning. If the land is annexed, it will be in the purview of the Port Jefferson village planning board, and Tsunis would apply for a rezoning application with the village instead of the town. In this 3.5-hour meeting, Tsunis, as the petitioner, was to prove to both boards that there is a clear public benefit from annexation.
Previously, Brookhaven council members gave feedback indicating that if Tsunis were to submit a rezoning application, it would be rejected.
Tsunis, a 50-year Port Jefferson resident, said “None of the residents of the Village of Port Jefferson want industrial [development] on the property. So what do we do? We annex it into the village because that is who is affected by the use of this property.”
In conjunction with his Brook Meadows plan, Tsunis would contribute $500,000 to the village, assist in rebuilding the William Tooker House, the oldest structure in the village, build a community garden and build a sidewalk from the property to Sheep Pasture Road.
Baylis Avenue and Sheep Pasture Road
Brookhaven Town Board Meeting on March 6. Photo by Sabrina Artusa
Tsunis’ attorney Michael Towey argued that the singular access road to the property from Sheep Pasture Road, which serves as the border between the town and the village, is problematic. “This section is completely geographically isolated from the town. It is only accessible through the village,” Towey said.
Since Sheep Pasture Road is the only entry point, Towey argued that the village residents will be affected by whatever is built on the parcel. “We believe the village and its residents [have] reason to be concerned not in the sense of any imminent threat, but in the sense that they presently lack control over how this territory or how these properties will be utilized in the future,” he said.
Supervisor Dan Panico (R) said that any property adjacent to an incorporated village would be implicated by that argument. Indeed, in order to reach Scenic View Court, a residential area neighboring Baylis Avenue, one must pass through the village from the east, though the road can be accessed without entering the village from the west. The Port Jefferson Marina, owned by the Town of Brookhaven, requires passing through the village.
Services
If the annexation is approved by both boards, the children who reside on the property would attend the Comsewogue School District, despite living in the village. The properties are currently serviced by the Terryville Fire District and will remain so even if the property is annexed. “An annexation of the property would place a division in unity of purpose of the public services providing emergency and educational services,” Town of Brookhaven Planning Director Don Hohn said.
Area in question is highlighted during the meeting on March 6. Photo by Sabrina Artusa
Towey argued that the village already assumes responsibility for the road, and including the road in Brookhaven’s district was not efficient, although this could not be proven. Brookhaven paved the road in 2023.
Town of Brookhaven Superintendent of Highways Dan Losquadro (R) issued a letter of support of the annexation, writing “this will alleviate the duplication of services by more than one municipality on the same roadway.”
Some speakers reiterated the revitalization of Port Jefferson village as a benefit of the Brooks Meadows plan. Of the 24 speakers that addressed the board, 18 were in support of the development.
Jim Steiner hopes Brooks Meadows would breathe new life into the village: “[Revitalization] has been a slow process and to have a townhouse type place within walking distance will help lift up the neighborhood.”
Industrial vs. Multifamily
Hohn noted the increased traffic associated with multifamily zoning, stating that the daily trips would be lower if the area remains zoned industrial. “If the maximum building size allowed on a L1 industrial lot were to be developed, this would generate 214 total daily trips. The maximum building size on a multifamily lot, were it to be developed, would be 372 daily trips.” This assertion was corroborated by the Town of Brookhaven Highway Department, though the letter added that the traffic wouldn’t create “significant traffic impacts.”The maximum building height would be 50 feet in light industrial zoning and 35 feet in multifamily zoning in Brookhaven.
Alexander and Jim Tsunis listening to the public testimonies at the Brookhaven Town Hall in Farmingville. Photo by Sabrina Artusa
Many residents expressed displeasure over the aspect of letting the property remain industrial. Port Jefferson resident Gary Zamek said, “The Village of Port Jefferson does not need more industrial land on Sheep Pasture Road…I know Port Jefferson is trying to revitalize our uptown area. It just seems obvious to me that more residents as opposed to trucks would help create that.”
Businesses such as health clubs, offices, warehouses and veterinary hospitals would all be permitted in an area zoned industrial, as noted in Chapter 85 in Brookhaven’s town zone.
Further, some speakers supported the annexation as it would supply additional housing. Town of Brookhaven Councilman Jonathan Kornreich (D, Stony Brook) said, “On the application, it indicated there would be four affordable units…This will not be affordable housing by any means. Four of them will be.”
“As a trustee, I want to see owned real estate,” Port Jefferson village Trustee Xena Ugrinsky said.
The Brook Meadows site proposal was analyzed by the Suffolk County Department of Economic Planning and Development in 2023 before it was removed for consideration by Tsunis.The plan was analyzed and disapproved by the Suffolk County Department of Economic Planning and Development in 2023, citing incongruence with adjacent industrial zoning, additional traffic and that a change of zone is simply unnecessary and prohibitive to prospective light industrial zoning developments. The walkability score from the property was listed as 56 partly due to its distance to the Port Jefferson Train Station and downtown, an estimated 10-minute walk. Tsunis then withdrew his application.
“If it was to be developed industrially, it would likely, in my opinion, be developed into something more demure when it comes to light industrial like a self-storage, which is typically a generator of almost zero,” Panico said.
The prospect of a rail yard being built by the Metropolitan Transportation Authority at the Lawrence Aviation site is another consideration of the Brookhaven town council. Tsunis included a 100-foot buffer from the tracks in his plan, but Panico argued that this location would not be in the public’s best interest.
The town and the village have to vote on the annexation within 90 days of the hearing. If the town and village don’t vote in agreement, then one entity could appeal the other’s decision, according to Town of Brookhaven Attorney James Burke.
The public comment period closes on March 14 at midnight for online submissions and at 4:30 p.m. for physical submissions by mail.
A proposed 48-unit apartment complex in Port Jefferson Station, Brook Meadows, has sparked a potential boundary restructuring between Brookhaven Town and Port Jefferson Village. Developer Northwind Group wants to annex the project site on Baylis Avenue to Port Jefferson Village.
This unusual move comes after Northwind’s initial attempt to secure a zoning change from Brookhaven Town for the 5.6-acre parcel at 16 Baylis Ave. failed amid community and official opposition.
Baylis Avenue, a dead-end street with only 6 properties, presents a unique situation. While physically located within the Town of Brookhaven, its sole access point is via Sheep Pasture Road, which lies within Port Jefferson Village.
If both the town and village consent to the annexation, Brook Meadows would be assessed by Port Jefferson’s land-use boards instead of those of Brookhaven’s.
However, Ira Costell, president of the Port Jefferson Station-Terryville Civic Association, said in a recent Newsday article that he thinks the annexation “has the feel of a backdoor move to circumvent both the town and the residents of Port Jefferson Station” to bypass town zoning laws.
“If this was a constant process and policy now, we are eating away at the margins of what’s been long-term, long-established as the governmental jurisdiction. It still remains part of our school district. Everybody around that parcel will be Port Jeff Station residents. I mean, what’s the logic behind this,” Costell said.
There is a public hearing, scheduled for March 6 at Brookhaven Town Hall in Farmingville, is poised to be pivotal in determining the fate of the Brook Meadows development and its implications for municipal boundary adjustments.
Ultimately, the fate of the annexation and the Brook Meadows project will hinge on a joint decision by Brookhaven Town and Port Jefferson Village.