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FOR IMMEDIATE RELEASE – May 13, 2016 Town of Southampton – Office of Supervisor Jay Schneiderman
Southampton Town granted hearing on Sandland Corporation compliance.
Southampton Town has been granted a court hearing on June 3rd to impose an immediate restraining order on Sand Land Corp. to stop the processing and selling of mulch and other material from the site. The Town is asking for the order after Sand Land failed to comply with a decision issued by the NYS Supreme Court Appellate Division on Wednesday, March 30. The Court reversed an earlier decision by a lower court and supported the Southampton Town Zoning Board of Appeals (ZBA) decision that Sand Land’s “… right to maintain a nonconforming use does not include the right to expand or enlarge that use”…and the expanded uses… “were not permitted.”
The unanimous decision by the Court further stated, “…it was reasonable for the ZBA to conclude, in effect, that these ‘new uses’ constitute a ‘significant change’ from the non-conforming mine operation… Accordingly, the (lower court) erred in annulling the ZBA’s determination.”
The June 3rd hearing date will also address Sand Land’s request to allow them 6 months to remove mulch and other materials from the site. The Town maintains Sand Land should be prohibited from receiving, processing and selling mulch, concrete, asphalt, pavement, brick and stone into a concrete blend as per the March 30th court order.
FOR MORE INFORMATION CONTACT Connie Conway, Office of the Supervisor631-283-6055