A hearing to determine whether a Stony Brook-based nonprofit performing arts organization is a “qualified and eligible sponsor” for purposes of buying, renovating and operating the historic Vail-Leavitt Theater has been scheduled by the Riverhead Town Board.
The town has negotiated a proposed contract with The Jazz Loft Inc. to sell the historic theater to the organization for $150,000. The contract requires The Jazz Loft to renovate and operate the theater, to be used only for educational, recreational or cultural purposes, maintaining its “historical character,” according to the resolution scheduling the public hearing.
The resolution, adopted by the Town Board at a special meeting Monday morning, sets the public hearing for Thursday, Oct. 16 at 4 p.m. at Riverhead Town Hall.
The proposed contract of sale requires the Town Board to determine the purchaser “qualified and eligible” under the N.Y. State Urban Renewal Law. That law allows a municipality to sell property located in an urban renewal zone without a competitive bidding process or appraisal if the municipality determines that the purchaser has the resources to purchase the property and use it consistent with the goals of an adopted urban renewal plan, including redevelopment of the property, if needed. The theater is located in Riverhead’s East Main Street urban renewal area. A copy of the contract will be filed with the town clerk for public review, according to the resolution. [Editor’s note: RiverheadLOCAL’s Freedom of Information Law request for a copy of the proposed contract is pending.]
The Town Board was split 3-2 in an April 15 vote to negotiate a contract with The Jazz Loft. Council members Ken Rothwell and Bob Kern dissented. Rothwell cited concerns about whether the nonprofit has the financial resources to renovate the building, which is in need of major work. He said it would be “an immense project” and The Jazz Loft would be “strictly relying on grants” to fund it. Kern expressed similar doubts and said the town should issue a request for proposals for the purchase and renovation of the building. Rothwell and Kern attempted to table the resolution, arguing the town should open up the process to other potential buyers, but they failed to obtain a third vote to table.
A week before the vote, the board had The Jazz Loft and another interested purchaser, the Zenith Group, presented their proposals at a Town Board work session. The Zenith Group is a Riverhead-based development firm led by Ray Castronovo, a musician, and a member of the town’s Business Advisory Committee. Kern has been supportive of the Zenith Group. A subsequent appeal by the group asking the board to reconsider its decision failed to change any minds.
Yesterday, Kern voted against scheduling the qualified and eligible sponsor hearing, explaining, “I do not think jazz is going to bring the volume of people that we need for downtown.”
Rothwell voted in favor of setting the hearing. “I would like a review of the finances,” he said.
The resolution scheduling the hearing passed 4-1.
The Jazz Loft previously restored a historic building in Stony Brook built in the 1770s and turned it into a performance venue and music museum. In addition to operating the performance space and museum, The Jazz Loft also offers educational programs, including one in collaboration with Stony Brook University, where the organization’s founder and president, Thomas Manuel, is a music professor.
Riverhead Town purchased the Vail-Leavitt in 1980 with federal grant funding. The opera house, then a century old, had not been operated as a theater for many years — having had stints that included a roller rink, a gambling parlor and a Chinese restaurant, according to a 1981 Newsday article. It was described as “a shambles” by a local businessman who was a founder of the Council for the Vail-Leavitt Music Hall, Harold Smith.
The town conveyed the building to the nonprofit Council for the Vail-Leavitt Music Hall in March 1982, according to town records. The deed had a provision known as a “reverter clause,” which allowed the town to recover the property if it was not used for the purposes for which it was conveyed, or if the historical character of the property was not properly maintained.”
The town sued the Council for the Vail-Leavitt Music Hall in August 2023, seeking to recover ownership of the property under the deed’s reverter clause. The town argued that the Council for the Vail-Leavitt had not fulfilled its obligations to maintain, manage and operate the property as required by the 1982 deed. According to town officials, the council did not properly maintain the property, which had become dilapidated and is in dire need of urgent, and expensive, repairs.
The Council for the Vail-Leavitt decided not to contest the town’s lawsuit. Its board resigned and turned over possession of the site to the town. The Town Board took over the nonprofit entity and in May 2024 obtained a court order returning title to the Town of Riverhead. The town in August 2024 obtained a court order granting its petition to dissolve the Council for the Vail Leavitt Music Hall.
The survival of local journalism depends on your support.
We are a small family-owned operation. You rely on us to stay informed, and we depend on you to make our work possible. Just a few dollars can help us continue to bring this important service to our community.
Support RiverheadLOCAL today.
