09/04/13 3:00pm
09/04/2013 3:00 PM
TIM GANNON FILE PHOTO  |  The fence that runs along Foxwood Village and the Shops at Riverhead property lines.

TIM GANNON FILE PHOTO | The fence that runs along Foxwood Village and the Shops at Riverhead property lines just north of Route 58 in Riverhead.

While Riverhead Councilman John Dunleavy has been able to avoid most of the controversy in the three-way primary for two Republican council nominations this fall, that hasn’t been the case in the past week, where he’s managed to anger some of his Foxwood Village neighbors regarding answers to questions at a recent candidate debate.

John Dunleavy of Riverhead

John Dunleavy

Those neighbors say Mr. Dunleavy was the president of the Foxwood Village Homeowners Association for two years while The Shops at Riverhead application was pending with the town, and that he should have taken a more active role in monitoring the development of the proposed shopping center next to their homes.

The Shops at Riverhead, which will feature a Costco as its anchor store, was first proposed in 2007. The developer recently cleared the trees up to the Foxwood Village property line, angering residents there.

“He was the president [of the HOA] at the time the scoping meeting was held on this development and he knew everything was coming down the pike and never told us,” said Marylee Feldman, the current Foxwood Village HOA president told the News-Review. “He didn’t protect us.”

“She doesn’t know what she’s talking about,” Mr. Dunleavy responded.

Mr. Dunleavy said the HOA at Foxwood Village deals only with providing recreation for the residents of the community there, and the president also may relay concerns some residents have to the retirement community’s owners.

“The homeowners association is only a recreation association,” Mr. Dunleavy said. “It has nothing to do with the running of Foxwood Village.”

Not so, Ms. Feldman said.

“All things representing the homeowners are taken up with that group,” Ms. Feldman said.

Paul Spina, another Foxwood Village resident, said in an interview that current bylaws of the Homeowners Association state that the obligation of the HOA “is to safeguard the interests of the members.”

He added, “Apparently Mr. Dunleavy did not take his obligation too seriously if he only considered himself a recreation committee member.”

Mr. Dunleavy’s wife, Marie, said Mr. Dunleavy was asked by the HOA three years ago to talk to the group about town issues and he has done so.

“When they liked what he was saying, it was fine,” Ms. Dunleavy said. “Now, they don’t like what he’s saying, so it’s not fine.”

She said the couple has lived in Foxwood Village retirement community for 13 years and “until this month, there’s never been a political atmosphere here or a problem here.”

She said the residents of Foxwood Village knew all about the Costco development and the pending land clearing.

At the Sept. 16 “Riverhead at a Crossroads” candidate debate at the Suffolk Theatre, Mr. Dunleavy and fellow incumbent Republican council candidate Jodi Giglio were asked if they understood what they were voting for on April 2 when the Town Board voted to approve a clearing permit for the Shops at Riverhead, which abuts Foxwood Village.

The candidates were also asked if they understood the developer had planned to clear 11 or more acres on which there are currently no plans to build anything.

Mr. Dunleavy and Ms. Giglio are in a three-way race with challenger Anthony Coates for the two Republican council nominations, and most of the campaigning thus far had involved Mr. Coates and Ms. Giglio trading barbs.

“The problem I had was this,” Mr. Dunleavy said at the debate. “I belonged to a recreation committee at Foxwoods and they picked a fellow resident to represent the residents of Foxwood. He didn’t really know what was going on. He didn’t ask me any questions. I didn’t want to force his hand. He went to every planning board meeting.”

Mr. Dunleavy, who didn’t identify the resident by name, said the owners of Foxwood Village should have represented the  community at Planning Board meetings about the Shops at Riverhead.

“The recreation committee didn’t want to talk to me at that time because they had this representative going to every meeting,” Mr. Dunleavy continued. “First they wanted an expressway wall, then they wanted a berm, then they wanted a fence.

“They really didn’t know what they wanted.”

Those comments angered Robert Hall, the Foxwood Village resident who’s been attending meetings concerning the Shops at Riverhead development for the past four years.

Mr. Hall was the person Mr. Dunleavy was referring to, Mr. Hall later wrote in a letter to the News-Review.

“He threw Bob Hall under the bus,” Ms. Feldman said Wednesday.

Mr. Hall wrote in his letter to the editor that he wasn’t picked by a committee, he volunteered.

He also said he did seek to contact Mr. Dunleavy in July 2007 and got no response.

Mr. Spina and Ms. Feldman both said the recreation committee that Mr. Dunleavy referred to is not the homeowners association, and only deals with providing recreation for the community and has nothing to do with monitoring planning board meetings.

tgannon@timesreview.com