Developers unlawfully building in Riverhead “has got to stop” and fines for town code violations should be increased, Supervisor Tim Hubbard said this week in reaction to Scott’s Pointe being cited by town authorities for building a go-kart track and pickleball courts without approvals or permits.
Island Water Park Corp., which operates Scott’s Pointe, an amusement park in Calverton, was issued five appearance tickets and a stop work order by town fire marshal and code enforcement officials on June 3 for building a go-kart track and pickleball courts on its property without permits or site plan approval, and other violations of town law. The violations were issued after a Riverhead Planning Department staff member saw a Facebook video posted by Scott’s Pointe showing go-karts and a race car driving and drifting along the track, according to documents obtained through Freedom of Information Law.
| MORE COVERAGE: Scott’s Pointe issued stop-work order, cited by town for building race track without approvals |
Kathy McGraw of Northville said during Tuesday’s Town Board meeting that Scott’s Pointe has a “track record” of “doing whatever they damn well please.” She said it is “easier to seek forgiveness than permission in Riverhead,” mentioning the Riverhead Ciderhouse, which expanded without first seeking approvals from the town and was legalized in a split vote by the town’s Planning Board last year.
“These Scott’s Pointe folks have thumbed their nose at this town’s rules, regulations and building requirements,” McGraw said. “I know stop orders have been issued along with citations, but until this town says ‘no,’ and says it with some teeth, developers will continue to do whatever they want. There can and should be no forgiveness in this case. Make this developer, a repeat offender, rip out everything built without approval. Fines just aren’t sufficient or adequate.”
“And once you’ve done that, I’d ask that you think about going to our [industrial development agency] and asking them to cut off the Scott’s Pointe tax abatements and clawing back all the benefits they have enjoyed to date,” McGraw said. “Enough is enough with these people.”
Hubbard said he “didn’t disagree” with what McGraw said. “And I made a comment a couple of weeks back regarding the portables that were put on the charter school property without permission and I stated then I’m not going to stand for this anymore and this just bolsters the fact,” he said. The Town Board is currently reviewing a special permit application that would legalize portable classrooms at the Riverhead Charter School’s high school campus in Northville.
“This was brazen,” Hubbard said. He said, “If we have to take them to court, we take them to court. We got to do what we got to do. This won’t be stood for anymore in a town while I’m here. I can’t stand that.”
The town needs to “reevaluate” fines for violations because some developers “just write it off as the cost of doing business,” the supervisor said.
“Well, that’s got to stop,” Hubbard said. “We’ve got to make it hurt them in the pocketbook. It’s the only way I can think of doing it besides getting them into court, but if we get them into court, it takes the town money to go to court and nobody wins out in this besides the attorney. So we’ve got to upgrade our fines and we’ve got to make it really hurt if people are going to violate what goes on in this town.”
The only other council member to respond to McGraw was Joann Waski, who did not comment on Scott’s Pointe, but defended the Riverhead Ciderhouse. Waski was the Planning Board chairperson last year and cast the deciding vote that legalized the cider house’s expansion, a decision that received significant criticism. The cider house’s owner paid its fines and has not had any violations of its covenants since the expansion was legalized, she said.
The leaders of two civic groups, Laura Jens-Smith of the Greater Jamesport Civic Association and Toqui Terchun of the Greater Calverton Civic Association, also commented during the meeting on the violations issued to Scott’s Pointe.
“I’d also like to thank you for being very strong, supervisor Hubbard, on fines that need to be looked at for the future,” Terchun said. “Certainly, we can’t turn around and clobber this guy now with those fines, but we should do everything we can to the utmost that we can.”
Town Attorney Erik Howard said that violations of a town’s zoning code carry penalties set by state law. The maximum penalty is capped at $1,000, he said. The town can, however, reexamine the fines for its building code violations, he said.
Scott’s Pointe opened in November after more than 20 years in development. The project has been heralded by town officials as a tourist attraction that will be an important economic generator for the town, offering a variety of activities including a surf pool, a mini-golf course, racing simulators, a restaurant and water sports on the lake.
The facility is situated on a 42-acre site with a 19-acre manmade lake originally approved for use by a water ski club. After the developer’s excavation struck groundwater, the State DEC prohibited the use of gas-powered motorcraft in the lake. Island Water Park, as it was then known, changed its plans for the site to eliminate disallowed water uses. It was approved for a rope-tow water ski system and non motorized water sport vehicles.
The Riverhead Industrial Development Agency approved financial assistance for the project in November 2021, granting it property tax reductions for 10-years, and mortgage recording and sales tax exemptions. The project was by then expanded to be an amusement park with a variety of activities, including indoor and outdoor water sports attractions, obstacle courses, a fitness center, restaurants and more. The project’s application for IDA assistance said the site was expected to attract 900,000 visitors annually.
Asked whether the agency was considering recapturing benefits provided to Island Water Park Corp, Riverhead IDA Executive Director Tracy Stark-James said, “We are aware of the recent violations cited by the town and that we take these types of issues very seriously given that the community has invested in the success and lawful operation of the project by virtue of the IDA’s involvement. The Agency is undertaking its existing due diligence process to address these concerns and any actions recommended by the Agency will be considered in a public meeting of the full board once that due diligence is completed.”
Island Water Park Corp’s lease and project agreement with the Riverhead IDA requires the company and any of its tenants to comply with all laws and regulations. In the event the agreement is broken, the IDA may require Island Water Park Corp to repay all the financial benefits it received from the agency.
The violations were not the first time Island Water Park Corp has broken the rules. In November 2021 it was issued a stop-work order for unauthorized construction at the site. Last July, the Riverhead fire marshal issued a notice of violation for hosting a Fourth of July party on the site without the required approvals to occupy the site. The business was not issued an appearance ticket for that violation.
A RiverheadLOCAL investigation last summer into the amusement park’s social media and town approvals showed people were having parties or engaging with amenities at the Calverton site without required approvals for years before that citation was issued.
At the time, the town attorney and other town officials said private parties and events held at the site did not run afoul of town code requirements for a certificate of occupancy, since the facility was not open to the public.
| MORE COVERAGE: Social media posts showing parties at Calverton water park without C.O. lead to violation notice |
Eric Scott, the president of Island Water Park Corp, did not return an email requesting comment on Hubbard’s statements. He did not return a call or email last week requesting comment on the tickets issued to his company.
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