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JOHN M. WAGNER
November 13, 2007
BY FEDERAL EXPRESS
Honorable Scott A. Russell, Supervisor, and
Members of the Town Board of the Town
of Southold
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Re:
Application for Site Plan Approval of "The Heritage
at Cutchogue" - Located at Northwest Corner of
Griffing Street and School House Lane in Cutchogue,
New York
Parcel No. 1000-102.00-01.00-033.003 on the Suffolk
County Tax Map
Dear Supervisor Russell and Members of the Town Board:
We have been retained, by the project sponsor, to monitor the review of the above-referenced site
plan application by the Town of Southold Planning Board.
It has come to our attention that the Town Board, at the behest of opponents of the subject site
plan application, is about to consider changing the zoning classification of the above-referenced
property from its current "HD" Hamlet Density Residential classification. In our opinion, such a
change in zoning would be arbitrary and capricious, without basis in fact or law, irrational, not in
accordance with the Town of Southold's comprehensive plan, beyond the delegated zoning
powers of the Town of Southold, and a clear abuse of the Town's police powers.
Please be advised that, on behalf of the project sponsor, we will vigorously oppose, and will seek
appropriate judicial relief with regard to, any attempt by the Town of Southold to change the
existing "HD" zoning classification of the subject property. Su
SUPERVISOR'S OFFICE
IOWN OF SOUIHOLD
Honorable Scott A. Russell, Supervisor, and
Members of the Town Board of the Town
of Southold
November 13, 2007
Page 2 of 2
view of the zoning history of the subject property and the contents of the Town's comprehensive
plan, represent an illegal and unwarranted interference with the project sponsor's rights.
Very truly yours,
John M. Wagner
CC:
Patricia A. Finnegan, Town Attorney
Kieran M. Corcoran, Assistant Town Attorney
Charles R. Cuddy, Esq.
IManage:194631 $ I