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Commercial Redevelopment District

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Brookhaven Town Hall. File photo

By Carolyn Sackstein

The Brookhaven Town Board meeting last Thursday, Nov. 30, began at 5 p.m. and didn’t close until after 11. Many residents who attended stayed for the long haul.

The board heard public comments on the application of Hauppauge-based Staller Associates, owner of the Jefferson Plaza shopping center at the intersection of Route 112 and Terryville Road. Staller is seeking a change of zone for the 10-acre parcel from a J-2 Business District to a CRD Commercial Redevelopment District.

The CRD is a new zoning category within the town Code. Jefferson Plaza will be the first property to receive this classification if the board greenlights the application.

A town official indicated that under the conditions of the CRD code, the development would qualify for 280 residential units. The proposal includes demolishing the existing shopping center to accommodate mixed-use development.

Anthony Guardino, partner at the Hauppauge-based Farrell Fritz law firm, represents the applicant. In a presentation, he traced the property’s historical developments, contributing to “an unsustainably high vacancy rate” with today’s blighted conditions.

The CRD code “creates the planning tool which the Stallers are using to redevelop their blighted shopping center into a destination development with a dynamic mix of residential and commercial uses,” he said. “And after many years of planning and design and input from the town and the community and numerous plan revisions, the Stallers believe it is time to put pencils down. It is time to move this project forward.”

He added that the current plan accommodates 280 apartments — 224 of which will be “market rate,” with the remaining 56 units set aside as affordable housing for people with intellectual or developmental disabilities. The attorney projected that approximately 50,000 square feet of commercial space would be occupied by a restaurant, food hall, retail, office space and health club.

Public comments primarily revolved around building height, density, traffic and emergency services. Ira Costell, president of the Port Jefferson Station/Terryville Civic Association, stressed the importance of proper planning in weighing these factors.

“There is appetite and willingness to see investment in this parcel,” he said. “While this presents an opportunity, it is incumbent on us to address and mitigate the negative impacts that could follow from the intensive use on that parcel.”

Suffolk County Legislator-elect Steve Englebright (D-Setauket), whose 5th Legislative District includes Port Jeff Station, discussed the possible environmental impact of redevelopment. 

Skyler Johnson (D-Port Jefferson Station) — currently pursuing the Democratic nomination for New York’s 4th Assembly District— placed the proposed redevelopment in the context of ongoing affordability concerns.

“If we continue on this path, we will see not only young people not be able to afford to live here, but older people not be able to retire and downsize as their kids continue to need to stay in their homes,” he said.

Some spoke in favor of the redevelopment project. “I am in favor of the zone change,” Port Jeff village resident Brian Harty said. 

Bob LoNigro, whose family-owned business, Plaza Sports, was formerly in the shopping center for decades, said, “I think it is important for the community to understand who they’re dealing with. We dealt with [the Staller family], who were honorable, honest and caring about my family. They cared about our success,” adding, “I was sitting there thinking this was going to be a war, and it’s not a war. We’ve just got to tweak it and make some concessions and get to the finish line. I would love nothing more than to see that place flourish again.”

The board made no decisions on the application. Residents can continue submitting written comments up to 30 days after the meeting.

To watch the full public hearing, please visit brookhavenny.gov/meetings.

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In an exclusive conversation, Town of Brookhaven Councilmember Jonathan Kornreich discusses the futures of Jefferson Plaza in Port Jeff Station and Cablevision townwide. Then, the Three Village Central School District keeps Regents exam scores in students’ grades. Plus, a light-hearted chat about a recent afternoon filled with talk of love.

Dive into this week’s news on The Pressroom Afterhour: Keeping it Local with TBR. Visit tbrnewsmedia.com to read these stories and more. Follow us on:

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Town of Brookhaven Councilmember Jonathan Kornreich presents a new architectural rendering for the proposed redevelopment of Jefferson Plaza during a Port Jefferson Station/Terryville Civic Association meeting Tuesday, Nov. 28. Photo by Joan Nickeson

The Brookhaven Town Board will hear public comments on the Jefferson Plaza shopping center in Port Jefferson Station, a proposed redevelopment project with the potential to reshape the face of the hamlet and reorient its long-term trajectory.

The board will hold a public hearing Thursday, Nov. 30, to consider rezoning the 10-acre parcel, owned by Hauppauge-based Staller Associates, to a Commercial Redevelopment District, a new classification within the Zoning Code crafted “to stimulate the revitalization of abandoned, vacant or underutilized commercial shopping center, bowling alley and health club properties.” [See story, “First of its kind: Brookhaven Town Board to review new zoning category for Jefferson Plaza in Port Jeff Station,” Nov. 16, TBR News Media.]

In the runup to the public hearing, the Port Jefferson Station/Terryville Civic Association held its general meeting Tuesday night, Nov. 28, to establish a set of priorities for overseeing the proposed redevelopment.

Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook) attended the meeting, identifying four primary areas of concern based on feedback he has heard from the community: traffic, density, height and architecture.

Kornreich said several of those concerns could be addressed through a 35-foot cap on building height. “What I’m going to be looking for is not four stories but a maximum height of 35 feet, which is the same maximum height that you can get in any residential area,” he said.

Leaders and members of the civic association generally favored the 35-foot cap.

The councilmember stated his intention for the developer to adhere to the conditions outlined under the Zoning Code instead of pursuing variances and other relaxations of use.

Regarding architecture, Kornreich said he had consulted with the developer, advocating for “a little bit less of New Hyde Park and a little bit more of New England.” He then presented an architectural rendering of the new proposal that was received favorably by the civic.

Much of the meeting was opened up to members, who offered ideas and raised concerns. Among the issues deliberated were the potential relocation of the post office on-site, availability and diversity of retail options at the property, possible tax increases and related traffic and environmental impact.

Jennifer Dzvonar, president of the Port Jefferson Station/Terryville Chamber of Commerce, endorsed the redevelopment initiative. “It’s very blighted,” she said. “A lot of local stores are leaving there,” adding, “We want to keep expanding and revitalizing the area.”

Charlie McAteer, corresponding secretary of PJSTCA, discussed the possible community givebacks that could be offered through such redevelopment.

“We have to work on … a purchase of some open space in our hub area that’s forever wild,” he said. He added that this form of local giveback would cushion the deal for surrounding neighbors “because they’re giving us, the community, something that we would like.”

Following discussion, the body authorized PJSTCA president Ira Costell to deliver a statement Thursday night to the Town Board representing the collective views of the organization.

The public hearing is scheduled for 5 p.m. Thursday, Nov. 30, at Brookhaven Town Hall, 1 Independence Hill, Farmingville.

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The Brookhaven Town Board will consider a proposed change of zone for the Jefferson Plaza property on Thursday, Nov. 30, at 5 p.m. File photo by Raymond Janis

Port Jefferson Station/Terryville is approaching a potentially community-defining transformation as the Brookhaven Town Board weighs the future redevelopment of the Jefferson Plaza shopping center, owned by Islandia-based Staller Associates.

Later this month, the board will consider rezoning the 10-acre parcel at the intersection of state Route 112 and Terryville Road to a Commercial Redevelopment District, or CRD, a new classification within the town’s Zoning Code. Jefferson Plaza would be the first property in town history to receive this designation if approved.

Enacted in 2020, the CRD enables mixed-use development along parcels of over 5 acres in size. According to the code, the CRD aims “to create the type of planning and zoning flexibility which is necessary to stimulate the revitalization of abandoned, vacant or underutilized commercial shopping center, bowling alley and health club properties.”

Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook) represents Port Jefferson Station on the Town Board. In an exclusive interview, he summarized the CRD’s purpose as “more housing, less commercial space, generally.”

“The local government has created an incentive to spur redevelopment,“ he said. “But it hasn’t been used yet, so we’re trying to use it now.”

Commercial decline

Kornreich said this new approach to commercial revitalization is guided by a sequence of “extinction events” occurring within the local retail market.

Since the establishment of these local downtowns in the previous century and even earlier, Kornreich identified the emergence of automobile culture and the growth of large box stores as the first threat to traditional mom-and-pop storefronts and downtown economies. In the wake of this first extinction event, “retail took a hit that it never really recovered from,” Kornreich said.

Retail’s downward trajectory was further exacerbated by e-commerce, which began to put even the big box stores and large retailers out of business. “And then, of course, COVID came, and that hit commercial real estate and retail,” the councilmember noted.

Confronting the many changes reshaping the commercial landscape, Kornreich said the CRD would help spur commercial redevelopment.

“This is our existential challenge: How do we help guide the redevelopment of our community so it can be healthy, so that it can thrive, and so that people can afford to live here and have a good quality of life,” he said.

Richard Murdocco is an adjunct professor in the Department of Political Science at Stony Brook University, specializing in land use, real estate markets, economic development and environmental policy. Given the current pressures upon the commercial sector, Murdocco concluded that “these antiquated shopping centers need a redo.”

While redevelopment has traditionally elicited local opposition from nearby residents, Murdocco suggests that various projects throughout the region have gained traction among locals.

“It seems to me that a lot of these redevelopment projects are starting to gain momentum because the property and the blight are so large,” he said. “These are significant pieces of property,” adding, “Government responded to the need for adaptive reuse, and now there’s a legal mechanism through the zoning district on which to do that.”

Questions raised

The push for commercial redevelopment has met with scrutiny from some.

Ira Costell, president of the Port Jefferson Station/Terryville Civic Association, raised several questions about the Jefferson Plaza proposal.

The CRD “hasn’t been used previously, and this does seem to be the test case,” he said. “In my estimation, it’s the lynchpin for further development in our community, so that’s why it’s essential that we get this right and not rush to judgment.”

“To address those things, I think we need better community input,” he added. To generate such input, he has asked residents to attend the civic’s upcoming meeting at Comsewogue Public Library on Tuesday, Nov. 28, at 7 p.m.

Local civic members are ringing the alarm over the CRD in the neighboring Three Village community. Herb Mones, land use chair of the Three Village Civic Association, highlighted the need to remediate commercial blight but suggested the CRD code is too developer-centric.

“On every level, the intention of redeveloping neglected or failing shopping centers is an admirable goal,” he said. “But the way that the code is written allows for really unprecedented development that has a tremendous negative effect on communities that are impacted by the density that results.”

Mones said the language of the CRD code is “so vague, so arbitrary and so capricious that it could be applied to virtually any shopping center in the Town of Brookhaven.”

Based on the statute, which incentivizes redevelopment of blighted properties through relaxed land use standards, Mones said the CRD code “encourages landowners to purposely neglect their properties in order to promote this eventual redevelopment.”

George Hoffman, also a member of TVCA, concurred with Mones, referring to the CRD code as “a very vague law that I think was done in haste.”

“It was really a code change that was done when we didn’t know what was going to happen with COVID,” Hoffman said. “I think it really has to be reevaluated, and I don’t think it works in this situation here” at Jefferson Plaza. 

Given that Jefferson Plaza would be the first parcel listed as a CRD, he added that this matter has implications for residents townwide.

“If they use this code to the maximum allowable density, I think it’s going to set the standard of a new suburban model for development,” he said.

The Town Board will consider the proposed change of zone for the Jefferson Plaza property on Thursday, Nov. 30, at 5 p.m.

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The Suffolk Plaza shopping center that once housed a Waldbaum’s in South Setauket sits half empty, a far cry from where it was just a decade ago. Photo by Kyle Barr

The Town of Brookhaven has proposed a new zoning that officials said could revitalize vacant or underutilized shopping centers or other structures throughout the town.

At their Dec. 3 meeting, the town voted unanimously to adopt a new floating zoning code called Commercial Redevelopment District, which would allow developers to apply for permission to redevelop aging property into a combination of retail and apartment space.

The old section of the Mt. Sinai Shopping Center that housed the King Kullen has sat empty for months, and is just one of several empty former big box stores on the North Shore. Photo by Kyle Barr

“What we’re looking to do is to stimulate the revitalization of abandoned vacant and underutilized commercial shopping centers, bowling alleys and health clubs,” said town Planning Commissioner Beth Reilly. 

She added that this new zoning will “encourage flexibility in sight and architectural design, encourage redevelopment that blends residential, commercial, cultural and institutional uses, and encourage redevelopment that’s walkable, affordable, accessible and distinctive in the town.”

Site requirements would be a 5-acre minimum for such commercial centers and sites that have been previously used but then demolished. It permits uses for all zonings except such things as heavy industrial and auto uses. There would be no setbacks for nonresidential uses, but a 25-foot minimum setback for residential use and 50-foot maximum height.

The special zoning is meant to be kept free of big-box stores and is restricted to anything less than 40,000 square feet of space for commercial properties. Also, the zoning incentivizes certain kinds of development through allowing for increases in density, such as being near the Long Island Rail Road or if a business owner  uses green technology.

Supervisor Ed Romaine (R) restated that Long Island does not need new development “as much as we need to develop what we have that has fallen into disrepair.”

The proposal did receive a letter of support from the Port Jefferson Station hub study committee. President of the PJS/Terryville Chamber of Commerce, Jennifer Dzvonar, said she was in support, and that she thinks it will create downtown-type areas in places that might not have that sort of downtown already.

“It will encourage commercial property owners to update and revitalize their establishments, which will entice additional local businesses … instead of leaving their locations vacant to become blighted,” she said.

Mitch Pally, a Stony Brook resident and CEO of the Long Island Builders Institute, said the new zoning should benefit developers. 

“Long Islanders no longer have large tracts of land,” he said. “We must now redevelop — reuse what we already used, whether it’s been a good way or a bad way. The ability to know from the code what you can do, and what you’re going to be able to get, allows for better financing opportunities.”

The Town Board left the issue open for comment until Dec. 17. The Three Village Civic Association sent the town a letter Dec. 12 signed by the civic’s land use chair, Herb Mones, with some critiques of the proposed law, saying the language of what was considered vacant or underutilized was unclear, and that the CRD will incentivize some property owners to neglect their structures to get access to the new “generous terms afforded by the new zoning.” 

“We must now redevelop — reuse what we already used, whether it’s been a good way or a bad way.”

— Mitch Pally

The letter also criticized the height allowance under the code, calling it “too high for most hamlets” in the town. The letter also shared the civic’s anxieties of increased density.

“Considering that there were only two speakers at the public hearing on Dec 3, both representing commercial interests, and no community leaders or members of the civic community participating on such an important proposal, we believe that this new zoning legislation to create a new zoning code for commercial property in the Town of Brookhaven would benefit from more input of Brookhaven’s civic community,” Mones wrote in his letter.

The change also repeals the town’s previous Blight to Light code. That code was passed in 2010 under previous Supervisor Mark Lesko (D), which in a similar vein to the current code was designed to remediate blighted properties by incentivizing development through a scoring system. Based on how a developer scored, they could receive incentives such as building permit refunds and an expedited review process.

Officials said that system had issues, and that the code had only been used twice, once in a Coram redevelopment project, and again with Jefferson Meadows, a project designed for Port Jefferson Station that was never built. That planned 96-apartment building met opposition from residents almost a decade ago. The Port Times Record reported at the time that residents disapproved of Blight to Light’s self-scoring system and that such projects did not conform to the Port Jefferson Station hamlet study. 

“This has been a long time coming,” said Councilwoman Valerie Cartright (D-Port Jefferson Station). “Port Jeff Station has a number of abandoned vacant and underutilized properties, and the Blight to Light code was not necessarily addressing that, so we’re hoping that this code can now create a different mechanism to address these types of properties.”

Unlike Blight to Light, there is not a special permit, but applicants would have to come to the Town Board to seek approval. There is also a time limit on these approvals, and they are taken away if the developer does not make good on trying to build.

“This puts the power in the Town Board level,” Reilly said.

The town is holding its next meeting Dec. 17 where a follow-up public hearing is scheduled.

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