Residents File Lawsuit Against Town, Property Owner Regarding Rose Hill Road Deal

Opponents of a deal struck by the Southampton Town Trustees to allow a homeowner to take over a portion of Trustee-owned property in exchange for his agreement to maintain the entire lot have filed a lawsuit against both parties, along with the Town of Southampton and the Town Board.

The lawsuit seeks a decision from the courts on whether the 0.61-acre parcel, located at 475 Rose Hill Road, is considered parkland. If the land is determined to be a park, the deal between the Trustees and the homeowner at 493 Rose Hill Road, Randy Frankel, could be voided.

It could also mean that a land transaction between the Town of Southampton and the Trustees on December 11, 2017, that put the property under Trustee control was not legal.

The argument, according to former Town Trustee Fred Havemeyer—who filed the lawsuit, along with Water Mill resident Johanna Halsey and Southampton Village resident Raymond Geminski—is that all of the deals resulted in unlawful alienation of parkland, which, ultimately, would require an act from the State Legislature to be approved.

“We maintain … that the Rose Hill Road park has been used as a park for more than 75 years,” Mr. Havemeyer said on Friday. “The bottom line is, it’s a park that was cherished by the community, and it has been turned into something completely opposite of what it had been.”

Shortly after taking the property over from the town, the Trustees voted unanimously to enter into an agreement with Mr. Frankel, who said he would maintain the property by plowing the snow, keeping up with the landscaping and dredging sand that builds up near the boat ramp at least twice a year.

Once the deal was finalized, the Trustees were met with public outcry from people like Mr. Havemeyer, Mr. Geminski and Ms. Halsey, who said the deal should have never been made.

All three maintain the contract is not legal, and are now asking the courts to step in and settle this once and for all.

In the suit, Mr. Havemeyer, Mr. Geminiski and Ms. Halsey are demanding the improvements made to the property by Mr. Frankel—which include creating a crushed clamshell-covered driveway and building a portion of his circular driveway on the Trustee-owned land—be returned to its prior condition.

“To me and a large amount of the population, it’s a very serious issue because we are on the cusp of overdevelopment in this town, and there just aren’t properties like this available,” Mr. Havemeyer said. “Losing something like this is a huge backward step for the people of Southampton Town. There just aren’t many properties like this in the whole town. Each one is a precious, precious item.”

Martha Reichert, an assistant town attorney who represents the Trustees, confirmed that the lawsuit had been filed, but declined to comment on the matter.