State DEC orders Scott’s Pointe to halt use of aquapark and ‘public recreation’ in lake

The operator of Scott’s Pointe in Calverton was ordered by the State Department of Environmental Conservation Wednesday to cease use of the inflatable aquapark and other public recreation in its groundwater-fed man-made lake.

Those activities, among the premier attractions at the park, violate terms of the DEC permit allowing construction of the lake, the DEC said in its June 26 notice of violation issued to Island Water Park Corp., operator of Scott’s Pointe.

The DEC notice also said the go-kart track built on the site by Island Water Park without approvals is “situated at least partially” in the area authorized for mining.

The site’s parking lot was also “significantly larger” than in its approved plans, the violation notice said.

The track, the parking lot, operation of the aquapark and public recreation in the water are not in compliance with the permit, the DEC said in the notice. Island Water Park faces civil penalties of $8,000 for each violation and $2,000 per day for each day the violation continues.

Eric Scott, president of Island Water Park Corp., did not return a call seeking comment for this article. “You have your agenda,” he replied in a text message. “Go run with it.”

The day the DEC issued the notice of violation, Scott’s Pointe posted on its social media pages that the aquapark would continue operating on a “daily basis.” They have not posted anything related to the operations of the aquapark since.  

The DEC’s violation notice followed an inspection at Scott’s Pointe by DEC staff on June 12 — a little more than a week after the Town of Riverhead issued summonses for alleged violations of town laws that require permits and site plan approvals for new construction, and other alleged violations of town law. 

MORE COVERAGE: Scott’s Pointe issued stop-work order, cited by town for building race track without approvals

Since tickets were issued to Island Water Park Corp. by Riverhead Town, Supervisor Tim Hubbard has called the construction of the go-kart track “brazen” and for the town to increase its fines for town code violations.

The recent 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 an Independence Day party on the site without the required approvals to occupy the site. The business was not issued a summons for that violation. 

MORE COVERAGE: Social media posts showing parties at Calverton water park without C.O. lead to violation notice

A RiverheadLOCAL investigation last summer showed people were having parties or engaging with amenities at the Calverton site without required approvals for years before the fire marshal’s notice of violation was issued. 

In August, 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 and the events were private parties.

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, clay-lined manmade lake originally approved for use by a water ski club. After the developer’s excavation struck groundwater, the State DEC allowed the developer’s pond to be fed by groundwater rather than filled with water purchased from the Riverhead Water District. The state agency also 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 project is also the beneficiary of financial assistance from the Riverhead Industrial Development Agency, which in November 2021 granted the project property tax reductions for 10 years, and mortgage recording and sales tax exemptions. 

The IDA’s agreement with Island Water Park allows the IDA to recapture benefits provided to the company if it is found in violation of its agreement, which prohibits the violation of town and environmental laws. Riverhead IDA Executive Director Tracy Stark-James said in an email last week that the IDA 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.”