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Here are two statements
made by Suffolk County as quoted from their
own documents. These statements
clearly demonstrate that noise issues were
among the primary reasons why the range was
closed in 2001.
Yet despite incontrovertible proof that
these statements appear in official Suffolk
County Government documents, Suffolk County
officials deny that these were reasons for
closure or in some cases, that these words
appear at all in any documentation. |
"Studies of the Southaven Trap and
Skeet Range in Yaphank confirmed
objectionable noise levels were
present and the range was closed.
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(From Suffolk County “Review of 2007-2009
Capital Budget” pp. 391,392) |
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The Suffolk
County Trap & Skeet Range was closed
October 1, 2001 "due to
the results of a study of the noise level
emanating from the range."
(From Suffolk County “Review of 2007-2009
Capital Budget” pp. 391,392) (also
2006-2008, 2005-2007 “Review of Capital
Budget”) |
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Brookhaven Town Definition of "Noise":
Any airborne sounds of such level and
duration as to be or tend to be
injurious to human health or welfare or
that would unreasonably interfere with
the enjoyment of life or property.
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From
the Brookhaven Town Code, Subsection
50-1
Whereas
excessive sound is a serious
hazard to the public health,
welfare, safety and the quality
of life; and whereas a
substantial body of science and
technology exists by which
excessive sound may be
substantially abated; and
whereas the people have a right
to and should be ensured of an
environment free from excessive
sound; now, therefore, it is the
policy of the Town of Brookhaven
to prevent excessive sound that
may jeopardize the health,
welfare or safety of the
citizens or degrade the quality
of life.
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Here are some more facts pertaining to the
shooting range and its noise issues: |
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FACT: |
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The current
licensee of the shooting range
insists that there are no noise
issues and that the Town of
Brookhaven has no jurisdiction over
the range in regard to noise.
Oddly, he nonetheless felt compelled
to write the following in his
"Request For Proposal:
"While we of course hope the
County of Suffolk can wield its
influence and convince the Town of
Brookhaven
to exempt
the property from current noise
control codes, we are prepared to
proceed in any case.”
Mark Wroobel, present licensee
for the Suffolk County Trap &
Skeet Range (from his RFP
statement.) |
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FACT: |
Deputy Commissioner Bellone
reported on Trap and Skeet – "the
Department is currently working on
the RFP for a concessionaire.
The Town of Brookhaven did not
grant an exemption to the County
from their noise ordinance
affecting this facility."
(Meeting minutes from a Board
of Trustees Suffolk County Department of
Parks Recreation and Conservation February 17, 2005 at Meadow Edge, West Sayville) |
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FACT: |
The property
on which the range exists today was
first used by the Nassau Gun Club.
Referring directly to this "first use"
Bud Corwin, at a meeting of the Board of
Trustees of Suffolk County Department of
Parks, Recreation and Conservation
stated:" as soon
as the shooting began, one neighbor that
lived across the street, Mrs. Glover was
upset with the noise and attained an
attorney, and it was determined that
Mrs. Glover receive a nuisance fee.”
(From the May
6, 2004 minutes of the Board of Trustees of
Suffolk County Department of Parks,
Recreation and Conservation) |
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FACT: |
MR. SABATINO:
(Paul Sabatino,
(former)
Suffolk County
Legislative Counsel)
"If the County ordinance is
modified to exempt this facility
and the Town ordinance is still
in effect, the Town ordinance
would be applicable subject to
whatever its provisions are...but
whoever the vendor would be that
would take over the operation of
the facility would have to
adhere to those Brookhaven
restrictions, whatever they
are." [emphasis added]
(Suffolk County Legislature
General Meeting, Eighth day, May
13, 2003.) |
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FACT: |
LEG. TOWLE: "...And
that's not to say that I want to
hurt those people that want to enjoy
that sport.
I mean, I think there's a lot of
people that made a very
compassionate speech here today
about the issue. And, you know, it's
-- no matter what you do, either
side -- you know, either side comes
up on the short end of the stick.
But I think we have an
obligation to not defy and
ignore the laws and close our
eyes and look the other way, I
mean, and that's what we're
suggesting to do."
LEG. CARACCIOLO: I
think that's a very valid
point...
(Suffolk County Legislature
General Meeting, Eighth day, May
13, 2003.) |
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FACT: |
LEG. O'LEARY:
(Third District Legislator)
"I just wanted this body to be
aware of the fact that the
County Executive had requested
the Town of Brookhaven to waive
that particular ordinance and
the Town of Brookhaven is of the
mindset not to do that. The position of the town, as I
understand it...they're going to
go on record saying that they're
not going to adhere to the
request of the County Executive
to waive that particular
ordinance."
(Suffolk County Legislature
General Meeting, Twentieth day,
December 21, 2004.) |
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FACT: |
Trustee
Miller asked if the
Department considered an
alternate site like Shinnecock,
where “people could shoot at
their heart’s content without
neighbors being around.” Deputy Commissioner Bellone
said alternates were not
considered yet.
Trustee
Miller asked “You are still
going to fight it? (The County
Attorney agrees that Town of
Brookhaven has jurisdiction.)
Deputy Commissioner said the RFP
is still moving forward.
Trustee Miller could not believe
there would be anyone who would
become the concessionaire
(there) and buy into a lawsuit –
he felt this was just a waste of
time.
(Meeting minutes from a Board
of Trustees Suffolk County Department of
Parks Recreation and Conservation February 17, 2005 at Meadow Edge, West Sayville) |
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FACT: |
The
County submitted a proposal for a
17’ high wall for the purpose of
sound mitigation to the Central Pine
Barrens Commission, December 15,
2004, based on the following:
“Actual test
firing at the range and sound level
measurements at several neighboring
locations indicated noise levels
above acceptable standards contained
in the County and Town noise
ordinances."
(Summary of Hansen Consulting and
Dick Peddicord and Company reports
as stated in the updated Suffolk
County Trap & Skeet Status Report,
dated 11-30-05). |
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The
Suffolk County Trap and Skeet Range operates in violation of the
Brookhaven Town noise law. The lawsuit
brought by the vendor against the Town
challenging the Town's right to enforce its
law was TWICE dismissed in Supreme Court, yet the
range continues to operate in direct
violation of the law.
WHY? |
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