Final Approval Pending On Bridgehampton Property Litigation

A millionaire investment banker has only a few more steps to get final approval for the construction of a barn and basketball court on his Bridgehampton property, one of Southampton Town’s first agricultural reserves.

Bridgehampton property owner and Cantor Fitzgerald CEO Howard Lutnick—under the LLC Halsey Lane Properties—owns approximately 40.7 acres of property at 545 Halsey Lane in an agricultural overlay district.

Such districts were first established by the town in 1972 and later amended in 1994 to prohibit all construction within the districts except those permitted by the Town Board as “accessory and incidental to agricultural production.” However, because the property was granted an easement in July 1980, Mr. Lutnick’s attorneys argued that certain improvements to the property are allowed—without permission from the town’s Planning Board—such as the construction of a single-family home, recreational amenities, landscaped open spaces and agricultural uses, according to court documents.

A settlement between Mr. Lutnick and Southampton Town was reached last spring after multiple lawsuits from Mr. Lutnick’s attorneys claimed Southampton Town officials unfairly blocked his attempts to make additions to the property including an additional barn and basketball court.

“It’s one of the town’s earlier agricultural easements—it’s ambiguous to say the least in terms of what it provides for and what it prohibits,” said attorney David H. Arntsen with Devitt Spellman Barrett, LLP, the outside counsel to Southampton Town on the property.

According to Mr. Arnsten, although the lawsuits were settled in May 2016, a final permit for the proposed barn is still needed, which requires Suffolk County Health Department approval for its septic system. He noted that the county is working to ensure that town officials agree with the final language of the easement, and after that detail is confirmed, Mr. Arnsten said he suspects the approval process would be “fairly quick.”

“I don’t think it will take long,” he said. “I know they’ve been in touch with the applicant.”

Mr. Arnsten estimated that a final permit could be issued within weeks.