Huntington Zoning Board of Appeals Meeting — February 26, 2026

The Town of Huntington Zoning Board of Appeals met on February 26, 2026, to conduct eight public hearings and act on other business. The board approved the minutes of the February 12, 2026 meeting, granted seven of the eight applications heard, and closed the final hearing on the proposed OHICA Castle condominium project with decision reserved.

Preliminary Matters

• The Pledge of Allegiance was held.
• Minutes of the February 12, 2026 meeting were reviewed with corrections; a motion to accept was made by Mr. McGrath, seconded by Mr. Stanley, and approved.
• Staff confirmed that required postings and publications were completed, giving the board jurisdiction for the evening’s hearings.

Public Hearings

1. Public Hearing 23629 — 56 Newfoundland Avenue, Huntington

• Applicant Paul Curcio of Garten Associates, representing the owners, requested accessory structure relief to legalize an existing detached deck in the front yard, fencing atop retaining walls, and a shed located too close to the property line.
• Existing conditions include a shed 1.25 feet from the rear property line where 2 feet is required, and cumulative fence-and-retaining-wall heights of 7.58 feet and 9 feet where 6 feet is the maximum.
• Board members noted the property had been before the board on September 18, 2025 for a front porch variance, and the current violations were discovered during the building permit process.
• No public speakers commented. A motion to grant was made by Mr. Castagna, seconded by Mr. Basso, and approved with no stated opposition.

2. Public Hearing 23627 — 570 McKinley Terrace, Centerport

• Attorney Tom Abate represented owner Catherine Craig. The application requested side yard and accessory structure relief to renovate and expand the dwelling, relocate a shed, and add plumbing to an accessory building.
• The property is an R7, 0.21-acre through lot with steep slopes and two front yards. The project would increase gross floor area by roughly 200 square feet and maintain existing side yard nonconformities, including a 5.25-foot side yard where 7 feet is required and an existing bump-out of about 3.25 to 3.5 feet.
• A new Suffolk County Department of Health Services-approved septic system requires moving the shed from the front-yard side to the rear yard area.
• The accessory building was previously legalized by ZBA 23146 on October 5, 2023, with conditions prohibiting kitchen/cooking facilities, heat, air conditioning, plumbing, overnight habitation, and rental use, while permitting an existing wood-burning stove. The applicant proposed to remove the stove and add only a bathroom and wet bar, with no heat or air conditioning, winterized plumbing, and a recorded covenant requiring removal of all plumbing upon sale or transfer.
• Public comment: Daniel Martin of 560 McKinley Terrace, a neighbor for 40 years, expressed concern that moving the shed onto the steep rear slope would be unsupported and would be unsightly for Jackson Crescent, and that adding water and an exterior staircase could make the structure appear to be an accessory apartment despite the covenant. The board also noted receiving a neighbor letter due to the accessory building’s close proximity.
• The board clarified that the prior conditions would continue except that plumbing would be permitted; there would be no kitchen/cooking facilities, heat, air conditioning, habitation, or rental use, the stove would be removed, and the covenant would be recorded. A motion to grant was made, seconded, and approved with no stated opposition.

3. Public Hearing 23622 — 2 Oberlon Drive, Greenlawn

• Scott Kahn of Oyster Bay Drafting represented owner Carlye Baron. The application requested front yard and unobstructed side yard relief for first- and second-floor additions and a portico.
• Requests included an attached garage at a 38.6-foot front yard setback where 50 feet is required, a second-floor primary bedroom extension at 38.5 feet where 50 feet is required, and a portico at 35.16 feet where 43 feet is required.
• No public speakers commented. A motion to grant was made, seconded, and approved with no stated opposition.

4. Public Hearing 23605 — 91 Brennan Street, Huntington

• Scott Kahn represented owner Michael Wackernah. The application requested accessory structure relief to legalize an existing 925-square-foot detached garage with roof over where 750 square feet is allowed.
• The enclosed garage portion is 768.3 square feet, exceeding the allowed amount by 18.3 square feet, while the remaining 156.7 square feet is a roofed-over porch for outdoor storage. The lot is roughly 37,000 square feet and oversized for the R5 district; the structure is about 2 percent of the lot.
• The applicant offered a condition that the roofed-over portion never be enclosed.
• No public speakers commented. The application was granted.

5. Public Hearing 23625 — 39 E. Woods Drive, Cold Spring Harbor

• Scott Kahn represented owners Michael and Jessica Grella. The application requested front and rear yard relief for an attached three-car garage and a roofed-over rear patio.
• The proposed front setback is 40.68 feet where 50 feet is required, and the rear roofed porch would be 42.55 feet where 50 feet is required. The property is in an R80 zone.
• The applicant offered a condition that the open roofed porch structure never be enclosed.
• No public speakers commented. A motion to grant was made, seconded, and approved with no stated opposition.

6. Public Hearing 23604 — 129 Hayes Place, Centerport

• Scott Kahn represented owners Russell S. and Kathryn Hoernig. The application requested lot width and lot area relief to construct a one-story addition with a front porch.
• The proposal includes a front-yard encroachment for a one-story vestibule, portico, and living room addition, and a side extension with a 5-foot side yard where 7 feet is required.
• The lot is undersized: approximately 4,000 square feet with 40 feet of frontage in an R7 district requiring 7,500 square feet and 75 feet of frontage. The applicant proposed no change to the existing lot size.
• Board members commented that undersized lots are common in the President’s section of Centerport and Huntington.
• No public speakers commented. A motion to grant was made, seconded, and approved with no stated opposition.

7. Public Hearing 23606 — 191 E. 2nd Street, Huntington Station

• Attorney Tom Abate represented Jeffrey Littell and 191 East Second Street LLC. The application requested a special use permit for outdoor overnight parking, parking location relief, rear yard and combined side yard relief, and a loading-space waiver to establish a multi-tenant industrial office and warehouse space.
• The property is an I-3 light industrial lot of 1.14 acres, or 49,860 square feet, at the northern terminus of East 2nd Street, abutting Long Island Railroad tracks. It was formerly the Four Way Pallet site, which burned in a nine-hour fire.
• The proposal is a new building of just over 18,000 square feet with 10 to 12 tenant units. Relief sought included a 10-foot rear yard setback where 20 feet is required, a 20-foot combined side yard setback where 35 feet is required, front-yard parking of 14 cars within 5 feet of the street line where the code allows 10 cars no closer than 20 feet, and waiver of two loading-zone spaces. The plan exceeds minimum off-street parking requirements by three stalls.
• In response to planning board concerns about curb appeal, the applicant proposed land-banking nine of the 14 front parking stalls, leaving five front spaces and landscaped area.
• Six overnight commercial-vehicle parking spaces were proposed, three on each side of the building.
• Traffic expert Wayne Muller of RM Engineering testified that there would be no undue traffic congestion or hazard and that parking would be adequate. Real estate expert Michael Lynch testified the project would not adversely affect nearby property values and would be a major aesthetic improvement over the former pallet yard.
• No public speakers commented. The board adopted an omnibus motion including a negative declaration under SEQRA, the special use permit, and the requested variances. A motion by Mr. McGrath was seconded by Mr. Castagna and approved with no stated opposition. The board noted the applicant still must obtain site plan approval from the planning board.

8. Public Hearing 23635 — 135 W. Gare/Westgate Drive, OHICA Castle Property

• Attorney Michael McCarthy represented Kahn Property Owner LLC. The application sought relief for parking buffer, hillside/steep slope area, and retaining walls to build a new multi-family residential building, described as the Residence at OHECA 2, a proposed 95-unit condominium on a 22.6-acre property zoned R20 and open-space cluster.
• The agenda lists the property as 135 W. Gare Drive; the transcript identifies it as 135 Westgate Drive, commonly known as the OHICA Castle property.
• McCarthy argued the board has interpretive authority under Huntington Town Code Section 198-42.1(I)(1) to find that the dimensional relief was already considered and approved when the town board adopted a local law on March 20, 2023, after a February 7, 2023 public hearing, with a SEQRA negative declaration. In the alternative, he requested relief for driveway and parking setbacks, hillside area relief under Section 198-6.1, and retaining walls ranging up to 12 feet. He also stated access is required to be through Eastgate Drive as a condition of the town board’s approval.
• The board noted receiving one or two neighbor letters stating that any decision must be conditioned on project access through Eastgate Drive.
• Public comment: John Armentano of Farrell Fritz, representing East Gate Drive Land LLC, owner of property directly north of the site, opposed the application as premature and unripe. He argued the applicant has never proven a prescriptive easement allowing 95 condominium units to use Eastgate Drive and a private spur; the access dispute is being litigated in bankruptcy court; New York case law does not allow prescriptive easements to be enlarged beyond their historic use; and a 2023 decision by Justice Hudson found the condominium use would likely exceed any such right. He also cited Whispering Pines v. Town of Queensbury and argued the board cannot ignore unresolved private access rights, and that one-year variances could expire during litigation.
• The board chair stated that any approval would be 100 percent conditional on access through Eastgate Drive and the spur being resolved by court decision or negotiation.
• McCarthy replied that the same access arguments were made to the planning board and town board in 2023, cited the presumption of hostility for open, notorious, continuous, and undisputed use, and asserted that the public has historically accessed the castle via Eastgate Drive and that the board has jurisdiction.
• The board closed the public hearing and reserved decision; no vote was taken on this application.

Other Business

• ZBA 23573 — 181 Cubihill Road: The board agreed to amend a previously granted decision to explicitly reflect an approved nursery school use increase from 24 to 36 students, characterizing the omission as a scrivener’s error.
• ZBA 23610 — Indoor children’s playground: The board considered a special use permit for a 2,640-square-foot indoor children’s playground in an existing shopping center. No parking relief was required, but expert testimony had been submitted. The SEQRA coordination waiting period had expired. The board adopted an omnibus motion with a negative declaration and granted the special use permit by a 7-0 vote.
• Accessory Dwelling Unit applications: The board approved ADU-865 at 3 Fruitwood Lane, ADU-1816 at 3 Fire Light Court in Dix Hills, and ADU-1867 at 24 Prospect Road in Centerport. Based on hearing officer reports, none required additional variance or area relief, all were within the permitted accessory dwelling unit square footage, and none were in saturated zones. The approvals were referred to the building department and the Suffolk County Department of Health Services.

Key Outcomes

• Granted: Public Hearings 23629, 23627, 23622, 23605, 23625, 23604, and 23606.
• Decision reserved: Public Hearing 23635, the OHICA Castle condominium application.
• Amended prior decision for ZBA 23573 to include 36 students.
• Granted ZBA 23610 by a 7-0 vote.
• Approved three accessory dwelling unit applications.
• The next Zoning Board of Appeals meeting was scheduled for March 5, 2026, at 6:00 p.m.