Riverhead sues Southampton over sewer and redevelopment plan

Riverhead is suing Southampton to block the creation of a new sewer district in Riverside over environmental concerns — threatening plans to revitalize a distressed hamlet that borders downtown Riverhead.

The two East End towns have been feuding over the new sewer district, which Southampton established in May. The $44.6 million project calls for a new sewage treatment plant near an elementary school to service new homes and businesses.

Riverhead officials are seeking to nullify the sewer district and force Southampton to conduct a new environmental review that better accounts for the impact on their town, according to a lawsuit filed last week in Suffolk Supreme Court.

Southampton leaders had envisioned a mix of new businesses, restaurants and 2,300 housing units just south of downtown Riverhead across the Peconic River. But Riverhead officials fear the development will strain resources on their side of town. It will also prevent them from connecting 1,300 homes to sewers, according to Riverhead's lawsuit.

Intense development in Riverside would put "tremendous pressure" on Riverhead resources, town Supervisor Tim Hubbard said. Riverside residents are served by Riverhead schools, libraries and emergency agencies.

"None of these concerns were seriously considered by the Southampton Town Board," Hubbard, a Republican, said. "We were left with no choice but to challenge their actions."

Southampton Supervisor Maria Moore said she was "greatly disappointed" by the lawsuit.

"We can't allow the lawsuit to impede our progress to lift up the Riverside community through improved water quality and resources that will stimulate revitalization in the area," Moore, a Democrat, said.

Environmental concerns

Sewers are the key to sparking revitalization in the economically distressed hamlet, Southampton officials have said. In Riverside, the median household income is $56,429, compared with the Suffolk County average of $119,838, according to U.S. census data.

Southampton's environmental review of the project was inadequate, lawyers for Riverhead said.

The new sewer district should service the Arthur M. Cromarty Court Complex, which has a Riverhead postal code and includes the jail, courthouse and other government facilities, according to the lawsuit.

Since the 1960s, Riverhead Town has provided sewer service to the sprawling complex, which is technically located in the Town of Southampton.

But Riverhead has struggled to serve the complex, which requires 200,000 gallons of wastewater per day and puts a strain on town infrastructure. Riverhead wants to redevelop West Main Street by adding sewers to replace aging septic tanks that pollute the Peconic River.

Southampton officials say they plan to serve the county center at some point in the future.

The lawsuit also claims Southampton violated the state's Green Amendment, which guarantees a community's right to clean air and water. Riverhead will be adversely affected if it still has to service the court complex and is unable to expand sewer access to 1,300 homes that are using "poorly functioning septic systems," the lawsuit said.

Southampton is taking steps to temper its initial housing projections.

Moore said Southampton is looking to cut its housing projection from 2,300 to 1,167. "Our goal is smart, balanced growth; not to overburden the community," Moore said.

At Tuesday’s town board meeting, Southampton hired an architectural firm to consider ways to redevelop Riverside by "safeguarding community character." The review would also consider the effect of the development on the Riverhead school district.

Teachers' concerns

Plans for the new sewage treatment plant have also drawn criticism from teachers and parents at Phillips Avenue Elementary School, since the facility would be built 500 feet from the school's grounds. Teachers staged a demonstration against the plant in June on the last day of school.

The placement is the "ultimate slap in the face" to the school community, Hubbard said. "You simply don’t put a sewage treatment plant next to a school," he said.

Southampton officials said the plant will be enclosed in a concrete building with odor controls and buffered with landscaping.

Riverhead hired Rockland County-based attorney Steven Barshov as outside counsel under a $475-per-hour contract, according to records obtained under the state's Freedom of Information Law.

Michael Gerrard, an environmental law professor at Columbia University, said lawsuits challenging the state environmental quality review act, or SEQRA, are common. Courts can force towns or other agencies to prepare environmental impact statements, he said.

But Riverhead could face an uphill legal battle, Gerrard said.

"It’s much less common for courts to find that an environmental-impact statement that was prepared, as one was here, was inadequate," Gerrard said. Claims challenging the Green Amendment are "uncharted territory" since it was enacted in 2021.

With Joe Werkmeister