Scott’s Pointe must address outstanding DEC violations

The Riverhead Town Board granted preliminary approval with a 4-1 vote for the amended Scott’s Pointe site plan application on May 21, with additional conditions.

The water park operator must meet the conditions before the town gives them the final stamp of approval to legalize its already-built go-kart track and pickleball courts, as well as to permit an interior storage space to be used as a catering and event room.

Before this happens, the applicant, Island Water Park Corp., must obtain a Freshwater Wetlands Jurisdictional Determination from the New York State Department of Environmental Conservation and close out the status of its reclaimed mine permit. The applicant must also resolve any outstanding violations with the NYSDEC related to the site improvements made without a permit from NYSDEC.

The water park operator is also being asked to satisfy the fire marshal chief’s comments from February, which called for the requirement of an emergency responder radio coverage system in the existing building; an additional fire hydrant if there is an exterior storage for flammable gas farther than 400 feet from an existing hydrant; an approved water supply for fire protection; and a facility for hazardous materials. Island Water Park must comply with national emergency and safety standards for operating motorsports venues.

Additionally, the current site plan must be revised to include a barrier around the outside of the racetrack to control stormwater management and erosion into the lake. A property covenant must also be filed through the Town Attorney’s office agreeing the track will be used for go-karts only; the use of any other type of vehicle is prohibited.

Greg Bergman, senior planner for the town planning department, outlined these requirements for Island Water Park Corp. at a town board work session on May 15 and urged the Riverhead Town Board to consider not making any final site plan approvals with the DEC violations still pending.

“I just have trouble reconciling the fact that approving the track and the use of that lake without any sort of clear resolution from the DEC,” Mr. Bergman said. “If we get something from the DEC, that they’re okay with the use of the lake and the go-kart track, I would have no problem addressing the final approval, but until we have something concrete from the DEC … I just don’t see how we can approve a site plan without any of those conditions addressed.”

Mr. Bergman added the satisfaction of these issues rests solely on the applicant, and the town does not have any authority over how the DEC handles the violations. Ken Meyers, project manager for Island Water Park, expressed frustration over the conditions listed in the resolution and questioned why they weren’t brought up during the environmental review process.

Mr. Meyers said Scott’s Pointe is continuing to try to work with the DEC, but said the agency’s slow timing has been tough. “Just seems odd to me that this is now — at the 11th hour — another hurdle we have to overcome,” Mr. Meyers said.

Mr. Bergman pushed back against this comment, saying the DEC violations have not come up “last minute.” He defended the resolution and said he does not believe any of the conditions listed were unreasonable.

“I think the board just needs something to be comfortable with, to protect themselves, saying that you’re not authorizing or approving something that’s in violation,” Mr. Bergman said. “This track was built without benefit of any permits or site plan — I’m not trying to beat the dead horse, but this was done without any approvals. If this was done in a proper fashion, some of these issues could have probably been addressed.”

Since the DEC requires the slopes around the lake to be vegetated before closing out the mining permit, Councilman Kenneth Rothwell asked if a request could be made to the DEC to separate the go-kart track from the actual lake, so Scott’s Pointe is not losing out on business while “waiting for grass to grow.”

“If they’re waiting to use the pond, and they’re literally waiting for grass to grow, can they segregate out the go-kart track or something to at least let them use those facilities,” Mr. Rothwell said. “I understand they paid all their violations, they paid all their fines, they’re coming into the summer months … I’m no longer looking to financially hurt them and their business operations.”