Suffolk business illegally developed land in pine barrens, New York AG says
Roberts Premier Development allegedly built on this parcel of protected pine barrens land. Credit: New York Attorney General's Office
New York’s attorney general and the state's pine barrens commission have sued a Suffolk business and its owner, alleging protected land was cleared for the construction of a barn that operates as a cabinetry and woodworking business in an area where such development isn't allowed.
The lawsuit, filed Monday in State Supreme Court in Suffolk County, alleges Roberts Premier Development LLC and its principal, David Roberts, built the structure in Manorville in a residential zone of the central pine barrens.
The area covers the groundwater aquifer that is Long Island's main source of drinking water and includes more than 100,000 acres of public and private lands in eastern Brookhaven, southern Riverhead and western Southampton.
The lawsuit follows other recent efforts from the state attorney general's office that have targeted alleged illegal development on protected land on Long Island.
Monday's complaint alleges Roberts violated the Long Island Pine Barrens Protection Act of 1993 by "clearing and grading approximately 13,000 square feet of natural pine barrens vegetation and constructing a 55-foot by 100-foot barn-like structure," for nonresidential use.
"Preserving this land is critical to the health of Long Island’s drinking water. Any bad actor that takes action to harm our protected lands must be held accountable," New York Attorney General Letitia James said in a statement Monday.
But Roberts said in a phone interview he followed procedure to build what he said is a barn for residential use, adding that it was the Town of Brookhaven's responsibility to deal with the state commission.
Roberts Premier Development LLC received a permit from Brookhaven Town in November 2022 authorizing construction of a 5,500-square-foot barn on the property, according to the state's lawsuit.
The lawsuit says the structure was built in a section of the pine barrens that requires hardship waivers from the state commission for projects that are considered "development" — with the law allowing uses that include "construction of one single family home and customary accessory uses." No applications for waivers were made, according to the lawsuit.
But Roberts said "the town inspected every step of the way."
He said he is appealing a judge's dismissal in December of a lawsuit he filed against the state commission that sought acknowledgment that the barn didn't require additional authorization because it was for residential use.
"I absolutely did the right thing. I went through all the proper channels and did what I was supposed to. Now they're telling me I need to tear it down," added Roberts, who said the controversy arose when he was applying for a certificate of occupancy.
Drew Scott, a spokesman for Brookhaven Town Supervisor Dan Panico, said Monday the town doesn’t comment on pending litigation.
As of early June 2023, Green Leaf Cabinet Corp., a custom cabinetry business, had an address that matched that of the property where the barn is, according to the state's lawsuit.
It says the state commission issued Roberts Premier Development LLC and Roberts a notice of violation in April 2023 for unauthorized conduct before, in June 2023, Roberts let the commission inspect the property.
Commission staff found evidence of an enterprise at work, according to the state's lawsuit, including "industrial grade manufacturing woodworking equipment and machinery used in the commercial manufacturing of cabinets, tables, millwork, and other products."
Commission staffers also saw a forklift, lumber, commercial carpentry equipment and barrels to collect sawdust.
As of March 2023, an aerial photo also showed there were also several paved roadways, parked pickup trucks and vans as well as unauthorized storage containers next to the new barn, according to the complaint.
The business escalated the environmental impacts on the land, the lawsuit states.
"The barn’s unusual size, the commercial-grade power supply, and the associated parking structures all demonstrate that the barn is not a structure that has been built for 'customary and accessory' residential use," it says.
The lawsuit seeks the demolition of the barn and the restoration of the site to its original condition, along with up to $25,000 in civil penalties and $1,000 for each day the violation continues.
The new litigation follows a separate settlement James' office announced in November, with contractor Anthony Labriola, and companies, ALAC Realty LLC and ALAC Contracting Corp., agreeing to pay more than $121,000 after allegedly building a construction vehicle parking lot and storage facility in a protected zone along the Carlls River in West Babylon.
Labriola told Newsday then the company made "a business decision" to settle the matter, even while denying most of the allegations.
In April, the state attorney general's office said Medford-based landscaping company Affa Organics and its then-owner, Stephen Affatato, agreed to pay a $100,000 penalty after the company chopped down trees, bulldozed land and excavated soil in the pine barrens 12 years ago, Newsday previously reported.
Affatato's daughter said in an April interview her father had intended to transition the site from a tree nursery to a working farm and what happened was "just a big misunderstanding" between her father and the property owner.
New York’s attorney general and the state's pine barrens commission have sued a Suffolk business and its owner, alleging protected land was cleared for the construction of a barn that operates as a cabinetry and woodworking business in an area where such development isn't allowed.
The lawsuit, filed Monday in State Supreme Court in Suffolk County, alleges Roberts Premier Development LLC and its principal, David Roberts, built the structure in Manorville in a residential zone of the central pine barrens.
The area covers the groundwater aquifer that is Long Island's main source of drinking water and includes more than 100,000 acres of public and private lands in eastern Brookhaven, southern Riverhead and western Southampton.
The lawsuit follows other recent efforts from the state attorney general's office that have targeted alleged illegal development on protected land on Long Island.
Monday's complaint alleges Roberts violated the Long Island Pine Barrens Protection Act of 1993 by "clearing and grading approximately 13,000 square feet of natural pine barrens vegetation and constructing a 55-foot by 100-foot barn-like structure," for nonresidential use.
"Preserving this land is critical to the health of Long Island’s drinking water. Any bad actor that takes action to harm our protected lands must be held accountable," New York Attorney General Letitia James said in a statement Monday.
But Roberts said in a phone interview he followed procedure to build what he said is a barn for residential use, adding that it was the Town of Brookhaven's responsibility to deal with the state commission.
Roberts Premier Development LLC received a permit from Brookhaven Town in November 2022 authorizing construction of a 5,500-square-foot barn on the property, according to the state's lawsuit.
The lawsuit says the structure was built in a section of the pine barrens that requires hardship waivers from the state commission for projects that are considered "development" — with the law allowing uses that include "construction of one single family home and customary accessory uses." No applications for waivers were made, according to the lawsuit.
But Roberts said "the town inspected every step of the way."
He said he is appealing a judge's dismissal in December of a lawsuit he filed against the state commission that sought acknowledgment that the barn didn't require additional authorization because it was for residential use.
"I absolutely did the right thing. I went through all the proper channels and did what I was supposed to. Now they're telling me I need to tear it down," added Roberts, who said the controversy arose when he was applying for a certificate of occupancy.
Drew Scott, a spokesman for Brookhaven Town Supervisor Dan Panico, said Monday the town doesn’t comment on pending litigation.
As of early June 2023, Green Leaf Cabinet Corp., a custom cabinetry business, had an address that matched that of the property where the barn is, according to the state's lawsuit.
It says the state commission issued Roberts Premier Development LLC and Roberts a notice of violation in April 2023 for unauthorized conduct before, in June 2023, Roberts let the commission inspect the property.
Commission staff found evidence of an enterprise at work, according to the state's lawsuit, including "industrial grade manufacturing woodworking equipment and machinery used in the commercial manufacturing of cabinets, tables, millwork, and other products."
Commission staffers also saw a forklift, lumber, commercial carpentry equipment and barrels to collect sawdust.
As of March 2023, an aerial photo also showed there were also several paved roadways, parked pickup trucks and vans as well as unauthorized storage containers next to the new barn, according to the complaint.
The business escalated the environmental impacts on the land, the lawsuit states.
"The barn’s unusual size, the commercial-grade power supply, and the associated parking structures all demonstrate that the barn is not a structure that has been built for 'customary and accessory' residential use," it says.
The lawsuit seeks the demolition of the barn and the restoration of the site to its original condition, along with up to $25,000 in civil penalties and $1,000 for each day the violation continues.
The new litigation follows a separate settlement James' office announced in November, with contractor Anthony Labriola, and companies, ALAC Realty LLC and ALAC Contracting Corp., agreeing to pay more than $121,000 after allegedly building a construction vehicle parking lot and storage facility in a protected zone along the Carlls River in West Babylon.
Labriola told Newsday then the company made "a business decision" to settle the matter, even while denying most of the allegations.
In April, the state attorney general's office said Medford-based landscaping company Affa Organics and its then-owner, Stephen Affatato, agreed to pay a $100,000 penalty after the company chopped down trees, bulldozed land and excavated soil in the pine barrens 12 years ago, Newsday previously reported.
Affatato's daughter said in an April interview her father had intended to transition the site from a tree nursery to a working farm and what happened was "just a big misunderstanding" between her father and the property owner.
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