An alleged illegal transfer station operating in a residential Flanders community has Southampton Town officials seeing red — and taking action.
Southampton Town Councilman Chris Nuzzi walked on a resolution this week, sponsored by the entire Town Board, to "commence legal action against appropriate parties regarding the use of 52 and 72 Priscilla Avenue," located in Flanders.
The resolution authorizes the town attorney's office to prosecute "an enforcement action."
The controversial situation has been ongoing. Last year, in Flanders, which was said to have 15 dumpsters placed on it — some as large as 40 cubic yards — was deemed an "illegal transfer station" by Southampton code enforcement officers.
"This action reflects the town's concern about the illegal conversion of a residential property into a commercial operation, against what is allowable by law," Nuzzi said on Thursday.
Southampton Town Attorney Tiffany Scarlato said on Friday that owner Frank Fisher, who operates Go-Green Sanitation and resides in Flanders, has approximately 30 charges pending against him in . "There are probably others forthcoming," she said. "This has been an ongoing at the site for a while."
While the parcel is zoned residential, Scarlato said at one point there were more than 20 dumpsters, some up to 40 yards, at the site. A residence is located on the property, she said.
"The town is committed to responding aggressively to community concerns about this unauthorized commercial activity in a lovely residential neighborhood," said Councilwoman Bridget Fleming on Saturday. "The noise, clutter and environmental impacts will not be tolerated."
According to Southampton Town officials, in order to legally operate a transfer station, permits from the State Department of Environmental Conservation are required, and such operations are limited to commercial zoning. The parcel was reportedly zoned residential for a two-family home.
The town reported in 2011 that the property owner, Fisher, said he would "immediately begin bringing the property into compliance."
Also in 2011, the a number of times, for issues including overcrowding and lack of smoke and carbon monoxide detectors.
Back taxes were also allegedly owed on the property.
The property was investigated in March 2011, when officials found 15 roll-off dumpsters stored there with other receptacles discovered on adjourning public lands owned by the town. Police reportedly also found a route sheet for a garbage removal company that was allegedly operating illegally out of the home.
The property was home to several other "commercial enterprises," including masonry, landscaping and carting businesses, officials alleged.
Southampton Town isn't the only municipality spotlighting the Priscilla Avenue site. Southold Town has a case against Go-Green Sanitation, Supervisor Scott Russell said on Saturday, due to the company's failure to comply with the town's solid waste management plan and New York State Law.
Southold's plan requires that all household garbage must be disposed of in a yellow bag. The town and the state also require that all garbage be separated from recyclables and that the recyclables be placed in separate containers and be disposed of at a facility that is licensed to handle recyclables.
"Go-Green does neither and, therefore, it violates the town plan and state law," Russell said.
Russell said while he was unaware of the alleged operation of an illegal transfer station, Southold's town attorney, Martin Finnegan, has been in communication with Scarlato.