The “Race Track, Not Street” drag-racing events scheduled for this weekend have been canceled due to confusion —or some sort of misunderstanding — over ownership of a taxiway at the Calverton Enterprise Park.
The remaining events in the “Race Track, Not Street” series will go on as planned, except they will be located on the 7,000-foot runway, where they were held last year.
The town board in January approved a special event permit for race promoter Peter Scalzo for a series of 20 drag-racing events this year to be held on the taxiway of the 10,000-foot runway and a portion of the runway itself.
Problem: The town didn’t have the right to authorize use of the taxiway, without getting permission of the taxiway owner.
While the Town of Riverhead CDA owns the runway, it owns only a a 35-foot-wide strip of the 220-foot-wide taxiway along the east side of the runway. The CDA has an easement over the remaining 185-foot-wide portion.
Title to most of the taxiway is held by the adjoining property owners, from north to south: Riverhead Industrial Development Agency, 400 David Court LLC, and Calverton Addiction & Treatment LLC. Only the southernmost tip of the taxiway is fully owned by the CDA.
“That wasn’t made clear” to the applicant, Deputy Town Attorney Anne Marie Prudenti told town board members today.
“Discussions were had between (former town attorney) Bob (Kozakiewicz) and the applicant (Peter Scalzo)regarding permissions required from, maybe, fee title holders of that portion the taxiway that the town simply had an easement over,” Prudenti said.
“But probably, admittedly, perhaps could have been made more clear and more direct and succinct,” Prudenti said.
Supervisor Yvette Aguiar said “some new developments on use of the runway” came up “late last night.”
Prudenti said “due to the late timing of all these changes…the scheduled events for this coming weekend will not take place.” Scalzo is not requesting additional dates, Prudenti said.
“So all you’re doing is changing the runway. We’ll have the same plans, and that was all approved anyway, DEC was fine, everything’s going to stay in place,” Aguiar said.
She asked Scalzo, who was in the audience, if what Prudenti said was his understanding.
“Yes that’s correct,” Scalzo replied. “The idea of moving to the 10,000-foot runway area was my idea because there was a lot of benefits going over there,” he said.
“However, learning now with the situation that Luminati might own — or the easement that you have or don’t have, or the 35 — it seems — it makes a lot more sense to move over back where we were,” Scalzo said.
Luminati Aerospace occupied the site owned by 400 David Court LLC, a wholly owned subsidiary of Luminati Aerospace. While title to that property is still held by 400 David Court LLC, according to Suffolk County online records, it’s not clear whether Luminati Aerospace still owns 400 David Court LLC. Tax bills for that 15-acre site are being sent to Hexcel Corporation, a Luminati creditor under a $10 million promissory note secured in part by a mortgage on the 400 David Court property. Hexcel commenced legal action against Luminati in 2019 for Luminati’s alleged default under the promissory note. The action was later discontinued. Luminati Aerospace vacated the David Court premises.
Scalzo said he would be submitting a new site plan to use a portion of the 7,000-foot runway for the event’s pit area, which he said would be “perfect.” Last year, he said, the pit area, which was not on the runway, was, in his opinion, “too narrow.”
Scalzo said another reason he sought to relocate his events to the 10,000-foot runway this year was the town’s 2014 option agreement with Insurance Auto Auctions. Insurance Auto Auctions pays the town $25,000 per year for an option to use a portion of the 7,000-foot runway to store vehicles damaged by a natural disaster or other catastrophe.
The town first signed an agreement with IAA in 2012, following Superstorm Sandy. After Hurricane Ida caused massive flooding in New York City and New Jersey on Sept. 2 last year, IAA exercised its option to use part of the 7,000-foot runway for vehicle storage again. The option agreement requires a minimum area of 10 acres at $4,175 per acre per month.
Because IAA exercised its option last year, Scalzo withdrew an application he’d filed to hold additional events in October and agreed not to use a Sept. 18 rain date, to make up for a rainout on one of the four scheduled weekends of “Race Track Not Street” event in 2021.
Today, Scalzo asked if the IAA would be able to use the 10,000 foot runway to store their cars, instead of the 7,000-foot runway “in case, God forbid, we have another emergency.”
Councilman Ken Rothwell told Scalzo if the town still has an agreement with IAA “it could very well impact your event.”
“I think they’re also indicating that they’re not going to renew the agreement with us,” Aguiar replied.
“Is it expired? Or is it good this year?” Rothwell asked, adding that he doesn’t want the town to make promises to Scalzo that it can’t keep. He didn’t get a direct answer to his question.
Prudenti asked the board to “rely on counsel” if that situation arises. “We’ll handle it. I promise,” she said.
“And they also did indicate I think, through an email, it looks like they’re possibly not going to renew in the future,” Aguiar said.
The supervisor said in the past IAA has not required use of the runway to store damaged vehicles until months after a storm.
“I think it took six months from the time the hurricane occurred to us getting deliveries of the cars,” Aguiar said. “‘Cause they have to go through a whole process. They have to get recovered and they they have to go get stored. So it would take that time — six months for us to see the first car coming in. So I think you guys are covered,” she said.
But Aguiar’s recollection was off the mark. Last year, Hurricane IDA struck the NY-NJ metro area Sept. 2, causing massive flooding that damages scores of vehicles. IAA exercised its option under the February 2014 agreement with the town. IAA began having vehicles brought to the runway within a week of the storm. The company continued using the site for storage of storm-damaged vehicles until last month, actually vacating the site six months after the hurricane struck.
Scalzo said people who bought tickets for the April 2-3 events will be able to transfer them to one of the other events this year.
“We have 19 more events — three more for the spring series,” he said, “16 more for the summer and the fall series. People who bought tickets for the entire season will have their April 2-3 tickets refunded, Scalzo said.
The 2022 revised season dates are:
“Spring Classic” scheduled dates:
- April 9-10
- April 16
- No rain dates
“Summer Classic” scheduled dates:
- Aug. 20-21
- Aug. 27-28
- Sept. 3-4
- Sept. 9-10
- Rain dates: Sept. 17-18
“Race Track, Not Street Fall Classic” scheduled dates:
- Sept. 24-25
- Oct. 1-2
- Oct. 8-9
- Oct. 15-16
- Rain dates: Oct. 22-23
For information about tickets and availability visit the “Race Track, Not Street” website.
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