NY AG, DEC secure $121K from Long Island contractor

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The contractor and his companies, officials said, had illegally built a parking lot and storage facility along a protected wetland area

A Long Island contractor, who was sued in May for building a parking lot and storage facility in a protected wetland area in West Babylon, must now pay $121,000 and restore the wetland buffer.

New York Attorney General Letitia James and New York Department of Environmental Conservation Interim Commissioner Sean Maha, who had filed the lawsuit in May, announced the settlement on Friday.

Officials said that Anthony Labriola and his companies ALAC Realty and ALAC Contracting Corp. had removed trees and vegetation to build the storage areas. In the process, a protected buffer area next to wetlands of the Carlls River was levelled. The Carlls River freshwater wetlands are classified under DEC’s highest level of protection. The designation was awarded for the wetland’s protection of water quality, preservation of wildlife habitats, flood control and other benefits, officials said.

The DEC had estimated that by constructing the parking lot and storage facility, the contractor and his companies saved a “substantial amount in commercial rent they otherwise would have had to pay,” according to the lawsuit. With the settlement agreement, the lawsuit is resolved.

“Not only did Anthony Labriola build a parking lot on protected lands, but he then spent nearly a decade refusing to comply with state enforcement efforts – putting convenience and his business interests over Long Island’s vital natural resources,” Attorney General James said in a news release about the settlement.

“Now, Labriola and his companies have finally moved their trucks and will restore the area to its natural state,” James added.

“DEC is committed to protecting New York’s wetlands and will continue to work hand-in-hand with our state and federal partners to hold those who violate our strict environmental laws accountable,” Mahar said in the news release.

“Wetland buffers provide many benefits, including flood erosion protections and abundant wildlife habitat,” Mahar added. “Thanks to the partnership with Attorney General James on this case, this joint enforcement action and penalty require both immediate and follow-up corrective actions to restore the impacted wetland buffer along the Carlls River.”

Since the lawsuit, the vehicles, construction equipment and debris have been removed from the protected area, officials said. Restoration work has already included placing a wall along the boundary of the worksite to separate it from the wetland. A new irrigation system has been implemented, 60 native trees have been replanted, and additional seeds have been planted to support the area and future growth.

The area will be monitored for the next five years to ensure long-term restoration, and that the DEC’s directives are implemented.

The contractor and companies must pay an additional $75,000 if they do not complete the restoration, officials said.