New York Attorney General Letitia James and the Central Pine Barrens Joint Planning and Policy Commission Executive Director Judith Jakobsen reached a settlement with Stephen Affatato and his company Affa Organics, Inc., a landscaping supply business, for illegally removing trees and vegetation from the Pine Barrens, protected land on Long Island. As a result of this agreement, Affatato will pay a civil penalty of $100,000, and is required to fully restore the site. Affatato will be required to pay an additional $200,000 if he fails to complete the site restoration.
The Pine Barrens are located on top of Long Island’s largest source of drinking water, and their preservation is necessary to ensure residents’ access to clean water.
In October 2012, Affatato and his company destroyed conserved property in the Pine Barrens that did not belong to him. This included bulldozing and excavating soil, cutting down trees, and clearing natural ground cover, harming the Pine Barrens’ delicate ecosystem. Affatato did not obtain a waiver before removing trees, vegetation, and natural ground cover, and excavating and bulldozing soil into huge piles on the property. These violations were observed by Pine Barrens Commission staff on a site visit to the property.
That same year, the Town of Brookhaven issued a Notice of Violation. The town also assisted with the case.
In addition to paying the fine, Affatato will implement and pay for a complete site restoration plan, including soil excavation, deer fencing, site grading, replanting of native plant species, sediment and erosion control, and monitoring and reporting, among other requirements. He will also provide $200,000 in the form of a bond or other financial security that must be paid if he fails to follow or complete the site restoration plan.
The Long Island Central Pine Barrens is a 106,000-acre natural area in Suffolk County that is home to some of New York’s greatest ecological diversity, including many endangered or threatened animal and plant species. In 1993, New York adopted the Long Island Pine Barrens Protection Act, which established the Pine Barrens Commission to safeguard the Pine Barrens and develop and oversee a comprehensive land use plan for the area. This plan designated 55,000 acres of the Pine Barrens as a core preservation area and specified that any entity seeking to engage in development activities such as clearing, excavation, or construction in the area must apply for and receive a waiver from the Pine Barrens Commission.
“Long Island’s Pine Barrens are among New York’s most precious natural resources, and their protection is paramount to the health of Long Island’s drinking water and our shared environment,” James said. “Stephen Affatato ignored the law and destroyed protected land for his own benefit, and now he must repair the damage and restore the area. I want to thank the Pine Barrens Commission for their continued partnership in protecting this critical natural resource on Long Island and ensuring it is preserved for generations to come.”
“One of the most important aspects of our work at the Central Pine Barrens Commission is protecting lands preserved by municipalities with taxpayer dollars so all Suffolk residents as well as visitors can fully appreciate all the region has to offer,” Jakobsen added. “The tremendous efforts of Attorney General James and her office to bring this case to a close demonstrates that she is fully on board with this priority, and for that, we cannot thank her enough.”
This agreement resolves ongoing litigation regarding the clean-up and restoration of the site.
James and Jakobsen also thanked the Town of Brookhaven, which they said was instrumental throughout the case.