East End Conservation Organizations, Civic Groups, and Concerned Citizens File Lawsuit Against Town of Southampton Planning Board and Discovery Land Company
EAST END CONSERVATION ORGANIZATIONS, CIVIC GROUPS, AND CONCERNED CITIZENS FILE LAWSUIT AGAINST TOWN OF SOUTHAMPTON PLANNING BOARD AND DISCOVERY LAND COMPANY
(East Quogue, New York… January 2023) Group for the East End, along with the Long Island Pine Barrens Society, East Quogue Civic Association, and several local residents have joined forces to file suit in the Suffolk County Supreme Court against the Town of Southampton Planning Board and the Arizona-based development company Discovery Land Company over a recent Southampton Town Planning Board decision that would allow the construction of an expansive multi-use, 130-unit luxury golf resort development on the largest parcel of unprotected pine barrens land left in Southampton Town.
The fate of the 600-acre parcel at the headwaters of Weesuck Creek, in already-impaired waters of Western Shinnecock Bay, has been the subject of conflict and controversy for nearly a decade. In 2015, the Discovery Land Company first sought to build the resort complex through a zone change that would have legally allowed the mixed-use resort development to be constructed on the parcel, which is currently located in Southampton Town’s most highly restricted residential zoning, a zone primarily established for the protection of water quality and pine barrens habitat.
After losing its original bid to overturn town zoning and develop the resort complex, known as The Hills at Southampton, in late 2017, the developers regrouped and attempted to gain approval nearly identical project, now known as The Lewis Road Planned Residential Development (PRD), submitted in 2018. This resort complex project, with substantially less environmental protection measures, was applied for under the town’s existing zoning after developers declared the project’s proposed 18-hole golf course, spa, restaurant, health club, pools, courts, 10,000-square-foot retail store, and numerous other commercial amenities, as nothing more than customary accessories to a permitted residential subdivision of the property.
Hundreds of community members attended numerous hearings on the project over the last several years to challenge the prior and latest proposals. At least two lawsuits preceded the current filing, which specifically challenges the legality of the commercial uses of the low-density residential property, as well as the lack of environmental review that was required by the town ahead of any project decision.
To date, Acting Suffolk Supreme Court Judge Carmen Victoria St. George has failed to recognize the standing of any of the petitioners, which include several nearby residents, East Quogue Civic Association, Group for the East End, and the Long Island Pine Barrens Society, to challenge the town’s various approvals for the golf course, which is not permitted by any town zoning, the lack of environmental review, and most recently, the construction of the site plan for the commercial resort.
The lower court’s failure to provide local residents and recognized professional conservation organizations with standing to bring the lawsuit is presently on appeal, but the planning board’s most recent and final approval is also required to preserve the public’s rights and renew the arguments for standing, zoning compliance, and stringent environmental protection.
“It’s a sad irony that New York State law specifically provides the opportunity to challenge questionable government decisions in a timely fashion, but if the public can never secure the standing it needs to be heard in court, the law is hardly worth the paper it’s written on,” says Group for the East End president Bob DeLuca.
Pointing out that several of the petitioners in the current and previous lawsuits live nearby or immediately adjacent to the proposed development, DeLuca shares, “if you look at the lower court’s standing decision, it appears the only person with sufficient standing to challenge an arbitrary government development approval would be the developer themselves. That is not what the law intended, and that is why we have appealed that decision. The public needs to be heard on this matter and we will fight to secure that right, as well as the responsible protection of our precious Pine Barrens ecosystem.”
Richard Amper, executive director of the Long Island Pine Barrens Society, calls the latest decision unrepresentative of Long Islanders' support for clean water and clean air. Tthe Town of Southampton is simply helping the developer,” Amper explains. “It's appalling that they’re opposed to the preservation objectives of East Enders. Southampton is the only town looking to undo protection of the pine barrens environment – shame on them. Environmentalists everywhere agree that local friends of developers are promoting their pals' projects, and protection of East End land and water cannot be compromised by a local politician who is a friend of a developer.”
The petitioners anticipate continued efforts by both the developers and Southampton town to deny the public its right to have the town’s decision reviewed, but have vowed to sustain the effort to protect Southampton’s pine barrens and drinking water, as long as it takes. Filed papers can be found here.
The Group and its allies have long been joined in their opposition to this proposal from those who authored and strongly supported the Pine Barrens Protection Act when it was adopted, including NYS Assemblyman Fred Thiele, Brookhaven Town Supervisor Ed Romaine, and former New York State Assemblyman Steve Englebright.
ABOUT GROUP FOR THE EAST END
Since 1972, Group for the East End has led the way in protecting and restoring the environment of eastern Long Island through education, conservation, and advocacy. We fight for the protection of our land, water, and wildlife, we inspire children to become stewards of the environment, and we engage the community to embrace a conservation ethic and take action.
