Board signs off on Scott’s Pointe changes with no further environmental review required

As the lead agency in the environmental review process, the Riverhead Town Board issued a conditional “negative declaration” last week for the revised Scott’s Pointe site plan, which seeks to legalize the already built go-kart track and pickleball courts and permit an interior storage space to be used as a catering and event room.

Six conditions were imposed by the Town Board as part of the conditional ruling, including a requirement that the water park operators to submit a topographic survey of the as-built pickleball courts and go-kart track, as well as an amended grading and drainage plan to ensure that stormwater runoff doesn’t seep into the adjacent pond. Groundwater monitoring also will continue on the property.

Additionally, the race track is limited strictly to go-karts and park operators must identify a fuel storage area in the site plan, implement spill protection measures, maintain an on-site spill response kit and propose a spill response plan for the property. Ownership also must submit a request to have all freshwater wetlands on the property inspected and regulated by the New York State Department of Environmental Conservation and obtain a wastewater permit from the Suffolk County Department of Health.

Councilwoman Denise Merrifield, who has voted against previous resolutions concerning the amended project plan, was the only board member to oppose the conditional negative declaration. Town Supervisor Tim Hubbard was absent from the vote due to a family matter.

“I think an ounce of prevention is worth a pound of cure,” Ms. Merrifield said following her no vote.

This conditional negative declaration follows a packed public hearing held Jan. 22, where many supporters stressed the benefits they feel the adventure and water park has brought to area children and families, as well as the local economy. Those who spoke in opposition — raising concerns about unauthorized construction, town code violations and the environmental impacts of the project — were often met with boos and jeers from the audience.

A conditional negative declaration — or CND — means a proposed action may have “a potentially significant adverse effect on the environment, but the impact can be eliminated or adequately mitigated by conditions imposed by the lead agency, without the need for additional environmental studies,” according to the DEC website. The action must be classified as “Unlisted” in order to receive a CND.

Many local advocates previously urged the Town Board to deny the amended application as presented and deem it as “Type 1” in order to trigger a generic environmental impact study. Barbara Blass of Jamesport mentioned at the March 4 meeting that the original 2020 Scott’s Pointe application was declared “Type 1” under SEQRA, so any changes would have required a supplemental Environmental Impact Statement.

Ms. Blass also claimed town officials did not have the authorization to issue the CND, based on the requirements outlined in the SEQRA handbook, and that two of the six conditions set by the board did not support its declaration.

She noted, quoting the SEQRA handbook, that “a CND should never rely on a future investigation to develop conditions of mitigation” and “the mitigating conditions must be explicitly defined when the CND is issued.” Ms. Blass argued the Town Board is relying on future investigations through the DEC’s wetlands determination and potential issuance of a freshwater wetland permit.

Additionally, the lead agency cannot include — as a condition in support of a CND — that the approval of another agency be obtained, the handbook reads, which Ms. Blass said is the case with the approval Island Water Park Corp. needs from the county health department.

“Merely stating the requirement that the applicant obtain a Suffolk County Health Department permit is insufficient,” Ms. Blass said prior to the board vote. “I acknowledge that there are times that we’re not necessarily on the same page, but in this case, I dare say, we are not even reading the same book.”

Others in attendance also expressed concerns about the board’s decision.

“I am sorely disappointed that you are allowing this serial violator of town laws and regulations to continue to do that, and now you’re putting the rubber stamp on what he’s done, instead of protecting our water supply,” Claudette Bianco of Baiting Hollow told the board. “Actions speak louder than words.”

Island Water Park originally launched as a proposed water skiing facility on a man-made pond off Youngs Avenue in Calverton. When that proposal encountered opposition from neighbors, local officials urged the developers to relocate to town land at the Enterprise Park at Calverton. The owners agreed and purchased 43 acres for $714,000 in 2002.

After more than two decades in the planning stages, the 75,000-square-foot, year-round water and amusement park opened as Scott’s Pointe in November 2023.

In July 2024, Riverhead Town took legal action against Scott’s Pointe, claiming that the developers had received some but not all required approvals for work on the property — but went ahead with building the attractions anyway. The go-kart track and pickleball courts were constructed on land that was supposed to remain wooded, according to the initial complaint, which called for the owners to return the property to its “pre-violation status.”

At the time of the initial filing, Riverhead officials asked a state Supreme Court judge to shut the facility down, force the owners to dismantle attractions built without proper permitting and fine the company at least $100,000.

In early January, Island Water Park Corp. and the Town of Riverhead reached a settlement in which the Scott’s Pointe operators agreed to pay $50,000 in civil penalties to the town for the illegal building and non-authorizations. The park owners also pled guilty to violating certain sections of Riverhead Town code and paid $5,700 in fines, according to the settlement document. Additionally, Scott’s Pointe agreed to pay Suffolk Paving Corporation nearly $70,000 for the construction of an emergency access road.

Scott’s Pointe anticipates approval of its final amended site plan by this month and DEC approval by June, according to previous reporting. The amended application stated that the DEC had concerns about the “footprint of the lake” and wanted the operators to finish the reclamation process, which requires having sufficient vegetation. The DEC will reinspect the area in six months and if that inspection is passed, Scott’s Pointe will receive “reclaimed status.”