A lawyer representing Discovery Land Company, the firm looking to build a luxury golf community in East Quogue, recently sent a letter to the Southampton Town Trustees demanding that they stop discussing the project with members of the public.
Authored by attorney Wayne Bruyn of O’Shea, Marcincuk & Bruyn LLP in Southampton, the letter alleges that the Trustees are violating the law by scheduling public discussions on the project, dubbed The Hills at Southampton, and that such actions “violate the basic tenets of fairness and due process.”
The letter, dated September 10 and also sent to the Southampton Town Board and town attorney’s office, demands that the board “cease and desist from such actions,” while also noting that the application is not subject to the review of the Town Trustees.
But Town Trustee Eric Shultz said this week that his board did not violate the law, noting that all discussion about the application—which seeks permission to construct 108 single-family homes, 10 condominiums attached to a clubhouse, and an 18-hole golf course centered on 168 acres along Spinney Road in East Quogue—was brought up by residents during the public comment portion of his board’s meetings.
He also noted that his board has not scheduled any hearings on the application, as has been suggested by Mr. Bruyn.
“The Trustees have always prided themselves about allowing anyone to speak about any topic during the public portion of the meeting,” Mr. Shultz said. “I understand the developer’s concerns, but I’m not going to shut my ears. The public has the right to speak in the public portion of the meeting.”
Town Trustees President Ed Warner agreed with that stance, stressing that his board’s meetings are always open to the public. “The letter was generated from their lawyer, Mr. Wayne Bruyn, but, personally, I’m not going to tell people that they can’t come before our board,” Mr. Warner said. “The letter said we shouldn’t entertain people coming before us—but we would never stop people from coming before us.”
Mr. Bruyn did not immediately respond to a request seeking comment.
Discovery Land officials are now working to complete the Draft Environmental Impact Statement, or DEIS, as required by the Town Board, as part of their company’s change of zone application for the project. In order to move forward with the complex, the Arizona-based development company must convince the Town Board to approve a planned development district for the land. In addition to developing the 168 acres, the company intends to set aside more than 400 acres in East Quogue as open space, according to the application now on file with the town.
As work progresses on the DEIS, the developer has already held three informational meetings at restaurants in East Quogue, urging hamlet residents to attend and learn more about the project and its associated benefits. Town officials have not been invited to those events. A fourth meeting is scheduled for Tuesday, October 6, from 6 to 9 p.m., at Cucina Family Style Ristorante on Montauk Highway in East Quogue.
Group for the East End President Robert DeLuca said Mr. Bruyn’s letter, combined with a series of developer-sponsored informational meetings, is sending a mixed message to those who want to talk about a project that targets the largest remaining piece of undeveloped land on the South Fork.
“It works both ways,” Mr. DeLuca said. “If they are going to have meetings on their own terms, and be giving out food and drinks, they shouldn’t be, conversely, writing a letter like this to the Trustees.”
Attendees of the first three meetings hosted by Discovery Land have enjoyed complimentary food and drinks, all on the developer’s dime.
“If you want an even playing field, we should have an even playing field,” Mr. DeLuca added. “I have absolutely no problem with that. But, at the same time, don’t be telling people to not show up [to Town Trustees meetings].”
He went on to say that the threatening tone of Mr. Bruyn’s letter strongly suggests that the developer wants to control what people are saying about the application that continues to divide many in the hamlet. It is pitting those who oppose such intense development against those who think it is a fair trade-off for the proposed benefits, which include millions in new tax revenue for the cash-strapped East Quogue School District.
“I think people are a little confused here about what’s the right thing to do,” Mr. DeLuca said. “Is Discovery Land the only place where you can go to discuss the issue? There’s a problem with that, because there is a public portion at the end of the [Town Trustees] meetings where people can talk about anything.”
Mr. Shultz also said the letter struck him as odd, noting that this is the first time he has received such correspondence from an attorney demanding that he censor discussion at public meetings.
Mr. Bruyn’s letter was penned shortly after Mark Hissey, vice president of Discovery Land, requested that East Quogue Superintendent Robert Long sign a “letter of understanding” confirming the benefits his district would receive if The Hills eventually gets a green light from the Town Board. Mr. Long signed the letter, which acknowledges the potential benefits of the development to his school district, including a $500,000 cash donation, on September 16.
But Mr. Long has stressed that his signing of the letter should not be interpreted as the school district either supporting or opposing the project. Instead, he and the East Quogue Board of Education decided that he should sign the document because it clearly outlines all of the benefits that would be provided to the district, again assuming that the project gains approval.
“As we stated at the meeting, it is not indicating our support or our opposition to the project,” Mr. Long said last week. “It’s just us saying we understand the benefits for the school.”
Amanda Bernocco on Sep 30, 2015