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Zoning Code

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Brookhaven Town Supervisor Dan Panico (R) at the Nov. 4 press conference. Photo courtesy TOB

On Nov. 4,  Brookhaven Town Supervisor Dan Panico (R) announced a new initiative to strengthen enforcement against illegal housing, which includes increased fines for rental permit violations aimed at repeat offenders. The effort seeks to enhance housing safety and compliance across Brookhaven, addressing the negative impact of illegal rentals on neighborhood quality of life.

“Our goal is code compliance to ensure Brookhaven remains a place where people live in clean, safe neighborhoods,” Panico stated. “We’re going to break the slumlord business model, with exponentially higher fines through robust enforcement.”

The announcement took place at a press conference at Brookhaven Town Hall, attended by all six Town Council members, Suffolk County Legislators James Mazzarella (R-Mastic,) Nick Caracappa (C-Selden) and Dominick Thorne (R-Patchogue,) as well as civic leaders from across Brookhaven.

The new fines will include increased penalties for violations of the Neighborhood Preservation Code and Zoning Code, such as operating a rental without a registration permit and failing to obtain required building permits. These measures aim to discourage landlords from viewing violations as simply a cost of doing business.

Councilmember Jonathan Kornreich (D-Stony Brook) highlighted the impact of the higher fines. “For too many irresponsible landlords, the relatively low cost of fines has just been part of the cost of doing business,” he said. “By raising the minimum fine, we hope to deter abusive landlords, protect tenant rights and safety, and improve quality of life in our neighborhoods.”

Councilwoman Jane Bonner (R-Rocky Point) echoed this sentiment, noting, “Ensuring the safety and well-being of our residents is a top priority. Stronger enforcement isn’t just about fines; it’s about safe neighborhoods, protecting residents from unsafe conditions, and preserving the integrity of our town.”

Councilman Michael Loguercio (R-Ridge) emphasized the safety risks. “Some of these housing violations are major safety issues that can very easily cause fire, injury or death. By addressing violators, we protect communities and save lives.”

Suffolk County Legislators voiced their support. Mazzarella stated, “Suffolk County is committed to working with Brookhaven to address quality of life concerns with substandard housing and code violations. We will explore legislation to ensure those receiving county assistance live in safe conditions that comply with all local ordinances and codes.”

“We have to crack down on that. These steps the town is taking today to increase fines are a big step.” Thorne also commended the effort, saying, “This is a welcome cooperative effort on the part of the town and county, and I applaud the program to deter our neighbors from breaking the law,” Caracappa added.

Community leaders expressed their support as well. Frank Fugarino from the Pattersquash Civic Association said, “We welcome this effort and commend the Town for this initiative at both the Town and County level,” while Kareem Nugdalla from the Coram Civic Association called it “a very good first step to improve the quality of life in Coram.”

Deputy Supervisor and Councilman Neil Foley (R-Blue Point) and Councilman Neil Manzella (R-Selden) both noted the town has streamlined the rental compliance process.

“It’s disheartening to see both first-time and repeat offenders undermining the efforts of responsible property owners,” Manzella said.

Councilwoman Karen Dunne Kesnig (R-Manorville) shared an outlook on next steps, stating, “I look forward to the Nov. 19 public hearing, where the town board will adopt the resolution to significantly increase fines for these illegal rentals.”

Acting Commissioner of Public Safety David Moran praised the town’s actions, adding, “Raising these quality-of-life violation fines is a great step in the right direction to protect our residents’ quality of life.”

“The good people we represent are our best eyes and ears in our communities, and those are the people we serve,” he said.

“We are grateful to our County partners who are reviewing potential changes at the County level dealing with Department of Social Services (DSS) housing.”

Visit brookhavenny.gov and brookhavenny.gov/housing, for more information.

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Fire & Ice Hookah Lounge in Smithtown is a short distance away from Paul T. Given County Park. Photo from Google Maps

By Kyle Barr

As the popularity of vaping products grows, Smithtown officials are considering ways to keep the products out of children’s hands.

Smithtown Town Board has plans to consider changing town zoning laws to restrict any store whose primary purpose is the sale of any e-liquid, vape product or indoor smoking from opening up within 1,500 feet of schools, churches or public parks in an effort to dissuade teens from using these types of products.

“For this age group, it’s very unhealthy and easily accessible,” said Councilwoman Lisa Inzerillo (R), who helped sponsor the ordinance. “They kind of market it like candy, and they name the different flavors after candy names. So It’s very appealing to kids.”

If approved, the restriction would not be retroactive, so it won’t  affect any current  businesses near schools, parks or churches. Inzerillo said she hopes that the zoning change will effectively dissuade these shops from opening near commercial districts.

““Lucky for Smithtown, most of our parks, churches and schools all are close to our main streets,” the councilwoman said.

The town is still waiting on an environmental impact study to be completed by the state on the effect of the proposed ordinance. After that, Supervisor Ed Wehrheim (R) said that the town attorney may need to look at any adjustments, but he believes the ordinance will go through.

“I think it’s going to pass, yes,” Wehrheim said. “I believe having [vape and hookah shops] in a close proximity to church or a school is problematic.”

“We’ve seen an increase in youth under the age of 21 who use these products, which is very concerning, because that is sometimes seen as a gateway into more serious substance use.”

— Matthew Neebe

Matthew Neebe, director at nonprofit Horizons Counseling and Education Center, said that while there have been limited long-term studies on whether or not vape products have negative health effects, he believes these products can harm children’s development.

“We’ve seen an increase in youth under the age of 21 who use these products, which is very concerning, because that is sometimes seen as a gateway into more serious substance use,” Neebe said. “I think this step a good place to start. Kids tend to participate in things that are convenient for them.”

Amar Patel, owner of Fire & Ice Hookah Lounge near Paul T. Given County Park in Smithtown, has had his own troubles with the town. His business is temporarily closed while they renovate the building to bring it into compliance with Smithtown fire codes, but he plans to reopen soon. Patel said that vape and hookah get an unfair reputation from the rest of the community.

“I don’t think [the Town of Smithtown] supports any tobacco product, smoking or anything” Patel said. “I mean my personal opinion, I would say when it comes to hookah lounges it’s more of a hang out, where you go after dinner. Almost like you are going to a cigar lounge, then go about your day.”

Patel said he believes that cigarette use should be a bigger concern than hookah lounges or vaping, stressing that he does not believe hookah use is addictive unlike
smoking cigarettes.

The zoning ordinance is expected to be voted on at the April 26 town board meeting.

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Port Jefferson shops such as Hookah City on Main Street, above, sell hookahs. Photo by Elana Glowatz

Taking a stand against what some see as troubling business activity and the undesirable type of people it attracts, the Port Jefferson Village Board of Trustees approved a law Monday night that effectively bans new hookah-selling shops and tattoo parlors.

Residents and village officials have been vocal lately about the abundance of shops on Main Street selling hookahs and products related to the smoking apparatuses, with some saying the stores attract a criminal element and sell unhealthy products. More than a year after a similar yet simpler proposal was abandoned, the board has amended its zoning code to restrict those businesses, as well as tattoo parlors and adult establishments like topless bars, to the Light Industrial I-2 District.

The village’s four current hookah shops will not be shuttered under the new law because they represent preexisting uses, but the measure all but bans future hookah shops, hookah parlors, tattoo parlors and adult businesses, as there are only two properties in the entire village in the I-2 zoning district — on Columbia Street — and both are already occupied.

Board members approved the law at their Monday meeting with a 3-2 vote, with Trustees Bruce Miller and Bruce D’Abramo in opposition.

D’Abramo was the most vocal opponent of the proposal’s previous iteration, which would have simply banned hookah parlors — lounges where people can smoke tobacco products using a hookah. He repeated a stance at the meeting that he held through that last proposal as well as through discussion about the new law: that the government should let the free market regulate legally operating businesses.

“I believe that the marketplace cannot support four of these places in the village,” he said. “I think it will serve only to make our code book thicker and therefore dilute its effectiveness. … I believe the marketplace will do the same thing that it did when we had a yogurt place across the street from another yogurt place. … And it closed.”

Although there were more calls from residents opposed to the village interfering with the market the first time around — with some even comparing hookah establishments to the village’s numerous bars that are allowed to operate — D’Abramo did not receive as much resident support recently.

Over the last few board meetings, concerned parents and neighbors have called upon the village to take action against hookah-selling shops, citing fears that they will sell paraphernalia and dangerous substances to underage patrons and attract loiterers and drug dealers. Resident Nancy Cerullo said Monday she is concerned about “the culture that it is bringing.”

When residents asked about banning the shops outright, officials pointed out that would be unconstitutional, but said they could restrict the locations where they operate.

“As long as you allow it to be somewhere,” Mayor Margot Garant said.

With the discussion of the law dominated by comments about hookah shops, Barbara Sabatino, a resident, business owner and planning board member, questioned whether tattoo parlors should be lumped in with those establishments in the new restrictions. She noted that tattoos are becoming more mainstream, particularly among young adults.

The Board of Trustees narrowly voted to approve the law moments after closing the public hearing.

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