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Jan 18, 2012 8:14 AMPublication: The Southampton Press

Southampton ZBA Public Hearing On Bridgehampton Sand Mine To Continue Thursday

Jan 18, 2012 11:05 AM

A debate on whether a Bridgehampton sand and gravel business is operating in accordance with Southampton Town’s zoning code will continue before the town’s Zoning Board of Appeals at a public hearing on Thursday, January 19, at 7 p.m.

A handful of community members have objected to operations by Wainscott Sand and Gravel, also known as the Sand Land Corporation. The business is a sand mining, gravel grinding and mulching business that operates on nearly 50 acres on Middle Line Highway. Some have claimed that although the business only has approvals to operate as a sand mining facility, operations have expanded to include a solid waste processing plant, including the 
disposal of landscaping materials, composting and rock crushing.

Neighbors have complained that stench and loud noise at the site has disrupted their quality of life over the years. Some neighbors have also filed a State Supreme Court lawsuit against the Sand Land Corporation to try to shut down what they see as illegal, expanded commercial uses on the land.

Concerned residents and John Tintle, the owner of the 
company, discussed the issues at a ZBA public hearing in November. At the heart of the case is a question of whether the property predates the town’s zoning code, which would make it a pre-existing, nonconforming use.

Southampton Town Chief Building Inspector Michael Benincasa ruled last year that the company was entitled to a pre-existing, nonconforming use certificate of occupancy for “the operation of a sand mine, the receipt and processing of trees, brush, stumps, leaves, and other clearing debris into topsoil or mulch, and the storage, sale, and delivery of sand, mulch, topsoil and wood chips and any other relief necessary.”

As far as receiving and processing concrete, asphalt, brick, rock and stone into concrete blend, however, Mr. Benincasa specifically stated in the determination that those were not legal uses, citing a 1962 ZBA decision. It’s Mr. Benincasa’s interpretation that neighbors are appealing before the ZBA.

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Brookhaven Mike strikes again.
By nellie (451), sag harbor on Jan 18, 12 9:24 AM
Sure, in this economy we should throw an employer under the bus, because weekenders can't stand the noise. I used to own land behind this land-fill, the "pit" was there for the last forty years, maybe longer. They, the new homeowners, were well aware of the problems when they purchased the land and built their homes. The T.O.S.H. should NOT consider any changes to the zoning. If the neighbors don't like it either make an offer to buy the business or move out.
By rrc1049 (63), Bridgehampton on Jan 18, 12 9:29 AM
The question is whether or not the business is violating zoning laws, not whether or not he is annoying rich or poor people. If he is violating the law he should pay the penalty
By progressnow (556), sag harbor on Jan 18, 12 10:47 AM
Or, again, it is whether property owners still have rights.
By Duckbornandraised (184), Eastport on Jan 18, 12 12:15 PM
Well, they already killed the racetrack.

It seems only logical this business could be next. Maybe they'll find it even more appealing when the landscapers, et al., increase their prices per disposal of their refuse elsewhere.

Brown and Versaggi ran that place for years before these people had their McMansions, and I couldn't tell you who it was before that.
By Mr. Z (11704), North Sea on Jan 18, 12 10:09 PM
1 member liked this comment
Remember the race track!
By rrc1049 (63), Bridgehampton on Jan 19, 12 12:10 AM
The zoning code clearly states these uses are illegal. Catch-22, there is no enforcement of the zoning code on egregious, old-boy sites like this one, and the DEC is the prime enabler. If there is a hole, dump in it and then sift it and sell it as compost. The neighbors have my sympathy.
By rml4 (4), southampton on Jan 19, 12 2:32 PM
ever hear of pre-existing ?
By tm (174), mtk on Jan 19, 12 3:14 PM