The Town of Huntington today obtained a temporary restraining order shutting down an illegal mulching and wood chipping operation on Jericho Turnpike in West Huntington, one day after five fire departments responded to a fire in a 25-foot high mulch pile on the property, which straddles the Huntington-Oyster Bay border.

            The order, signed by Acting State Supreme Court Justice Stephen A. Behar, prevents Big Dougs Enterprises, Indian Head Ranch and Wayne and John Dougal from operating their wood chipping and mulching business on the property at 1130 West Jericho Turnpike until a hearing can be held on the Town's request to extend the relief to include clean up and remediation of the property in compliance with the Huntington Town Code and the New York State Fire Code.  A hearing is scheduled for April 5 before State Sureme Court Justice Joseph Farneti.

                 ?For some time, the Town has been awaiting decisions on our requests that a judge order the illegal activity on this property to cease,? Huntington Supervisor Frank P. Petrone said. ?Meanwhile, the defendants have continued to operate. We are pleased that Judge Behar agrees with the Town that, especially in light of yesterday?s fire and the threat the activity poses to the health and safety of nearby residents, enough is enough.?

            In an affidavit attached to the court papers, Fire Marshall Paul Latuso notes that the fire occurred in a 25-foot high mulch pile and, according to his professional opinion, appeared to be the result of decomposition of mulch and other organic material in the pile. Latuso issued two summonses alleging violation of the State Fire Code ? for storing and processing compost and for storage and processing without a required emergency plan ? and a third summons for violation of the section of Town Code  prohibiting open burning. The Town is asking for expedited hearings on those summonses, which are answerable in Suffolk County District Court.

            ?Unless mitigation of the volume of material is addressed, the situation in the hazard that occurred on April 2, 2012 is likely to occur again,? Latuso stated in his affidavit. ?Furthermore, if this condition continues as is, there is always a possibility that a fire could result, the dimensions of which are unknown.?

            ?Defendants are operating a business that is open to the public absent authorization from the Town of Huntington or the Town of Huntington Zoning Board of Appeals, and such business is conducted in buildings and structures without certificates of occupancy or certificates of permitted use," James Matthews, counsel to the Town?s Zoning Board of Appeals, said in a separate affidavit. Matthews lists the buildings as including a mobile home, a structure commonly referred to as the Tucson Gardens building, a five-bay cement block building, a steel riding arena and a wood frame barn/stable.

            Last year, the Town brought two court actions against Big Dougs Enterprises, looking to shut down all activities that violate Town Code, including the wood chipping and mulching operation and a horse farm. Judges denied the Town?s requests for temporary restraining orders and injunctions that would have stopped both uses. The cases seeking permanent rulings on the Town?s allegation continue and have been joined so they are heard together. However, action on the joined case has been stalled as a result of the retirement of one judge and the reassignment to a series of judges, each of whom has recused himself. The Town is still awaiting a ruling on the permanent request.

            In January 2011, the Town Board approved the rezoning of the property to allow construction of the Kensington Estates luxury senior housing development. After a delay while the buyer and seller of the property filed the necessary covenants and restrictions, the local law enacting the zone change was filed with the New York Secretary of State on April 1, 2011. The proposal is currently undergoing site plan review by the Town.

            The Town was represented in court today by Town Attoney John Leo and Assistant Town Attorney Heidi Levine-Sorkin, and James Matthews, Special Counsel to the Town of Huntington.