Brookhaven rejects developer's Port Jefferson Station annexation plan

The Brookhaven Town Board has rejected a developer's proposal to shift a small neighborhood in Port Jefferson Station to the neighboring Village of Port Jefferson as he seeks approval for a 48-unit apartment complex.

The board voted 5-0 Thursday night to deny the annexation request, which would have moved governmental authority over Baylis Avenue in Port Jefferson Station from Brookhaven to the village.

Town Councilman Neil Manzella recused himself from the vote. His uncle is developer Jim Tsunis, who requested the annexation. 

Some Port Jefferson Station residents, civic leaders and Brookhaven officials have opposed the project, saying it would be too near industrial properties.

"The town board was not in favor of approving a multifamily housing project on that site," Councilman Jonathan Kornreich said Thursday in a text message. "So it was unsurprising that the town board did not support an action which would have opened the door to the possibility of that project moving forward within the jurisdiction of the Village of Port Jefferson."

Tsunis declined to comment Friday.

Both the town board and the Port Jefferson Village Board would have had to approve a rare annexation that would transfer Baylis Avenue to the village.

The village board plans to vote on the measure on Wednesday, Mayor Lauren Sheprow told Newsday. It was not immediately clear whether the village board still planned to hold its vote.

Town spokesman Drew Scott said in an email the annexation petition “cannot go forward" after the town board's denial. He added "there can be no challenge in court" by Tsunis if the village also rejects his petition.

"If the village were to approve it, then it could be litigated by the applicant,” Scott said.

Tsunis, of Hauppauge-based Northwind Group, had requested the annexation as he sought town approval of Brook Meadows, a 5.6-acre residential development that would feature 48 apartments in six two-story buildings at 16 Baylis Ave.

He has said he sought annexation to support village revitalization, denying suggestions lodged by opponents that he believes he will get more support for the project from Port Jefferson authorities.

Baylis Avenue has two other residential properties, whose owners had expressed support for annexation.

Supporters have said Brook Meadows would address a need for housing in the area.

Ira Costell, a Brook Meadows opponent, said the project "didn’t reach the proper threshold for an annexation."

“Just to get a better outcome than it was receiving [from town officials] didn’t rise to the level of a public benefit” that would justify annexation, said Costell, president of the Port Jefferson Station-Terryville Civic Association. “I’m pleased that they followed what I believe the law would have dictated.”

Town zoning restricts the Brook Meadows property to industrial uses, such as warehouses, storage units or community centers, Brookhaven officials have said. Port Jefferson officials would be free to create different zoning to allow housing if the land is transferred to the village. Port Jefferson has not taken a formal position on Brook Meadows or annexation.

The Suffolk County Planning Commission in 2023 recommended that Brookhaven deny Tsunis' request for a zoning change on the property, saying Brook Meadows would be "incongruous" with industrial businesses in the area. Tsunis later dropped the zoning change application and sought annexation by the village.

The town board and village board held a rare joint meeting in March to hear comments from residents. Most of the about two dozen people who spoke at the meeting said they favored the project.

State law allows municipalities to transfer properties with the approval of both jurisdictions.

Annexation is rare but not unheard of in Brookhaven.

Port Jefferson used the annexation process in 1978 to acquire residential properties from the town.

The town transferred Ho Hum Beach on Fire Island to the Village of Bellport in 2018.

By Carl MacGowan

carl.macgowan@newsday.comCarlMacGowan

Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.