Riverhead asks court to temporarily shut down Scott’s Pointe and remove go-kart track in lawsuit

Riverhead Town is asking for a court to temporarily shut down Scott’s Pointe amusement park in Calverton until the property gets in compliance with town law, according to a lawsuit filed in Suffolk County Supreme Court last week.

The town is asking the court to issue an injunction that would restrain Island Water Park Corp., which operates the park, and its tenants from “using, occupying and/or maintaining the subject premises” until several town code violations are remedied, according to the complaint filed by the town on July 3. The town is also asking the court to order the park to remove the unlawfully built go-kart track and pickleball courts — restoring the property to “pre-violation status” — and to impose a financial penalty of at least $100,000 on the company.

The go-kart track and pickleball courts were built without approvals on what was supposed to remain a wooded area, violating multiple provisions of the Riverhead Town Code, according to the complaint. The business also utilized the second floor of the building at the Scott’s Pointe site as a party room, despite only having approvals to use the second floor for office and storage space, the complaint says. The town also says the business also failed to install an emergency responder radio coverage system, which is required by state fire safety law when first responders experience communication equipment issues at a particular site.

Eric Scott, president of Island Water Park Corp., did not answer a call or respond to a text message from a reporter today requesting comment. Fred Johs, an attorney for Scott, said in a text message that he and his client have not yet seen the court filing and cannot comment.

Phone calls to the town attorney seeking comment and clarification today were not returned before publication of this article. 

The Riverhead Town Board authorized the lawsuit against the park on July 2 after town officials issued several appearance tickets and a stop-work order to the business on June 3. Supervisor Tim Hubbard said after the violations were issued that the construction without approvals was “brazen” and that the town should increase its fines for town code violations.

The business was also issued a notice of violation late last month by the State Department of Environmental Conservation for violating the terms of its permit allowing the construction of the lake. The violation ordered the business to cease use of the inflatable aquapark and other public recreation in its groundwater-fed man-made lake. 

Despite the DEC’s order to halt its use, people were observed using the aquapark at Scott’s Pointe by RiverheadLOCAL reporters and other witnesses who sent photos and emails to the publication.

In an email last week, a DEC spokesperson said the agency was aware of “current activities on the site” and is “taking all necessary steps [to] bring the site into compliance with DEC permit conditions and regulations.”