New York Attorney General Letitia James and the Central Pine Barrens Joint Planning and Policy Commission (Pine Barrens Commission) today filed a lawsuit against Long Island developer David Roberts and his company, Roberts Premier Development, LLC (Roberts Premier), for removing trees and vegetation to construct a commercial cabinetry and woodworking business on protected Pine Barrens land without proper approval. 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. Roberts damaged 13,000 square feet of this land by clearing natural vegetation and grading soil to build a 5,500 square foot commercial barn without authorization from the Pine Barrens Commission, harming the Pine Barrens’ delicate ecosystem. With this lawsuit, Attorney General James and the Pine Barrens Commission seek to require Roberts to remove the barn and associated infrastructure, restore the property to its previous state, and pay civil penalties for the destruction he caused.
“Long Island’s Pine Barrens are one of New York’s most precious environmental treasures, and we are committed to protecting it,” said Attorney General James. “Preserving this land is critical to the health of Long Island’s drinking water. Any bad actor that takes action to harm our protected lands must be held accountable. I am grateful to the Commission for their partnership and look forward to continuing our work together to ensure the Pine Barrens are preserved for generations to come.”
“We’re happy to partner with Attorney General James in this action against Roberts Premier Development. There’s a reason the Long Island Pine Barrens Protection Act included a Comprehensive Land Use Plan that has for three decades guided land use in this spectacular region,” said Central Pine Barrens Commission Executive Director Judith Jakobsen. “It’s because there’s a place for development in the Central Pine Barrens and a place for ecological preservation. When someone breaks the rules, they should suffer the consequences.”
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. The Act 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.
Roberts Premier acquired a four-acre Pine Barrens property in Brookhaven, Suffolk County in July 2022. The property falls within a residential zoning district that strictly prohibits any non-residential use of land. In August 2022, Roberts applied for a permit from the town to build a new 5,500 square foot barn but did not apply for any waiver from the Pine Barrens Commission for its planned clearing, excavation, and construction on protected Pine Barrens land. Before hearing back from the town on his building permit application, Roberts moved forward with the project, clearing vegetation, grading the land, and fully constructing a new barn. Roberts was issued a building permit on November 28, 2022.
In March 2023, the town alerted the Pine Barrens Commission that approximately 13,000 square feet of natural vegetation had been removed from Roberts’ property and that a new barn had been constructed in its place. By this time, Roberts Premier had added storage containers, which are not permitted in residential districts, and set up parking areas and paved roadways on the protected land. The Commission discovered in June 2023 that a custom cabinetry and millwork business, Green Leaf Cabinet Corp., had set up a website citing the Pine Barrens property as its business address and included a map directing potential customers to the newly constructed barn.
In April 2023, the Pine Barrens Commission issued a Notice of Violation to Roberts and Roberts Premier, stating that the company had engaged in prohibited conduct by building the new barn for non-residential use and clearing Pine Barrens land without authorization. In June 2023, the Commission inspected the property and found extensive evidence that Roberts was conducting a commercial carpentry business on the property, including industrial-grade manufacturing woodworking equipment and machinery, commercial-grade power supply, construction equipment, and industrial-grade HVAC equipment.
The lawsuit filed today seeks to mandate the removal of the unauthorized structure and associated infrastructure and require the development and implementation of a restoration plan for the affected land under the Commission's supervision. Attorney General James is also seeking civil penalties of up to $25,000 per violation and $1,000 for each day the violations persist. The lawsuit follows unsuccessful attempts to negotiate a resolution with Roberts Premier and Roberts.
This matter was handled for the Pine Barrens Commission by Executive Director Judith Jakobsen, Pine Barrens Manager Julie Hargrave, Enforcement Officer Frank Carbone, and Counsel John C. Milazzo.
This matter was handled for OAG by Assistant Attorney General Abigail Katowitz-Liu and Section Chief Elizabeth Morgan of the Environmental Protection Bureau under the supervision of Deputy Bureau Chief Monica Wagner. The Environmental Protection Bureau is led by Bureau Chief Lemuel M. Srolovic and is part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux and overseen by First Deputy Attorney General Jennifer Levy.