Suffolk Asphalt Supply Wins Right To Operate

 Suffolk Asphalt Supply has won the right to continue its operations on Rabro Drive after a lengthy, drawn out court battle.

The Hauppauge-based asphalt plant’s operations were determined to be a legal nonconforming land use under the Town of Islip’s zoning codes by New York State Supreme Court judge on Wednesday afternoon. The facility is operated by a tenant Intercounty Asphalt.

The Town of Islip filed a lawsuit in March 2009 against the company after its Zoning Board of Appeals ruled the company had never received necessary permits, had no certificate of occupancy and did not conform to zoning when seeking permits to upgrade its facility.

Representatives from Suffolk Asphalt Supply could not be reached for immediate comment on the decision.

“I’ve asked Suffolk Asphalt's attorney to reach out to the community, have a dialogue with them to see if there’s something they can do,” said Islip deputy attorney Erin A. Sidaras.

Hauppauge’s Northfield Woods Civic Association has taken a stance against the plant, claiming it produces noxious fumes and particulate smoke that spread over the community when producing asphalt, particularly during warmer weather.

New York State Department of Environment Conservation has cited the facility in the past for violations: $60,000 in 2007, of which $30,000 was payable and $30,000 suspended upon compliance; $50,000 in April 2010, of which $20,000 was paid and $30,000 suspended.

Suffolk Asphalt Supply was also directed by DEC to raise the stacks to a height of 120 feet to offer relief to the surrounding area by November 2010. This work has yet to be completed and no permit request has been filed with the Town. 

Sidaras said she has requested a copy of the Supreme Court decision be expedited to the Town of Islip for review, before determining if further action will be taken. 

In the meanwhile, members of the Northfield Woods Civic Association have joined with other Hauppauge residents to form the Concerned Citizens of Hauppauge to take a polical stance against the asphalt plant. 

"We’re going to ask to see all court papers. As an association, we’re going to look at the decision and see where we are going to go," said Stefan Krompier, president of Northfield Woods Civic Association. 

Krompier said Islip Supervisor Phil Nolan has offered to sit down with residents to hear them out once the decision is reviewed.

Regardless of whether or not the case is appealed, Sidaras said it would benefit the asphalt plant to work with the Town of Islip and Hauppauge residents in the future, to improve air quality conditions in its vicinity.

“They are looking to renovate, so they still need permits from the town,” she said. "So they need to be willing to work together.”