Scott's Pointe water park owner admits building go-kart track without town approval
Scott's Pointe in Calverton on Wednesday. Credit: Tom Lambui
Attorneys for a Calverton amusement park are asking a court to dismiss a pending lawsuit after the owners pleaded guilty in Riverhead Justice Court to illegally constructing a go-kart track and pickleball court.
The Aug. 16 motion in Suffolk Supreme Court comes in response to a lawsuit Riverhead Town filed last month seeking an injunction to stop Scott’s Pointe from operating. The town also sought a $100,000 fine and to have the owners dismantle the amenities, which were built without town approval.
In the filing, Frederick Johs, an attorney for park owner Eric Scott, argues the town’s complaint does not establish a valid legal claim.
Town code enforcement officers first cited the business for the illegal construction in June. Johs, who appeared in court on behalf of Scott, pleaded guilty in town Justice Court on Aug. 6 to the violations, and Scott was ordered to pay $5,700, according to Deputy Town Attorney Victoria Ceru.
Ceru said that amount is the maximum penalty that could be imposed at the town level.
“We went after them in both courts to do everything we can,” she said, adding the town asked for an injunction “to get them to stop doing business until they do the right thing.”
Johs and Scott did not return phone calls seeking comment this week.
Scott, who previously told Newsday the track was built before approvals, has since filed a new site plan application to legalize the go-kart track, pickleball court and a second-floor party room inside the facility.
Scott’s Pointe opened last fall with an indoor surf pool, rock climbing, laser tag, ax throwing, mini golf and other activities, and earlier this summer unveiled an outdoor adventure course and bumper boats in a human-made lake.
The company was charged $26,293 for the application, double the standard fee since they were built without approvals, according to town senior planner Greg Bergman.
Bergman said he deemed the application incomplete and in a letter inquired about potential batting cages, since they were not depicted in the latest plans.
“I also identified the fact that they’re purportedly using motorized bumper boats on the lake,” he said, which violates approvals that restricted use of the lake to non-motorized recreation.
Scott’s Pointe risked losing tax benefits by the Riverhead Industrial Development Agency because of the violations and lack of compliance.
The company did not make annual payments on time, including a payment in lieu of taxes totaling over $66,000, and employed fewer people than projected, according to a letter sent by IDA director Tracy Stark-James on June 28.
Last year, the business received $456,369 in tax exemptions, according to a report filed with the state Authorities Budget Office.
A 2023 compliance report the company submitted to the Riverhead IDA showed there were 10 full-time employees, below the projected 238.
At an Aug. 5 hearing, Alison LaPointe, an attorney for Scott with Hauppauge-based Certilman Balin Adler & Hyman, said the business now has about 65 full-time employees.
“Having to ramp up to the full number of employees that are fully expected to be at the site is still delayed,” she said.
Stark-James asked the company to submit an amended application to the agency while waiting on town approvals.
“There’s no way to determine how long their site plan approval process will take … but as long as they’re showing progress and initiative in trying to come into compliance, we’re good,” she said at the hearing.
Stark-James said Tuesday the outstanding PILOT, plus $9,724 in late fees, have now been paid in full.
The agency approved a 10-year tax abatement for the company in 2021.
Attorneys for a Calverton amusement park are asking a court to dismiss a pending lawsuit after the owners pleaded guilty in Riverhead Justice Court to illegally constructing a go-kart track and pickleball court.
The Aug. 16 motion in Suffolk Supreme Court comes in response to a lawsuit Riverhead Town filed last month seeking an injunction to stop Scott’s Pointe from operating. The town also sought a $100,000 fine and to have the owners dismantle the amenities, which were built without town approval.
In the filing, Frederick Johs, an attorney for park owner Eric Scott, argues the town’s complaint does not establish a valid legal claim.
Town code enforcement officers first cited the business for the illegal construction in June. Johs, who appeared in court on behalf of Scott, pleaded guilty in town Justice Court on Aug. 6 to the violations, and Scott was ordered to pay $5,700, according to Deputy Town Attorney Victoria Ceru.
Ceru said that amount is the maximum penalty that could be imposed at the town level.
“We went after them in both courts to do everything we can,” she said, adding the town asked for an injunction “to get them to stop doing business until they do the right thing.”
Johs and Scott did not return phone calls seeking comment this week.
Scott, who previously told Newsday the track was built before approvals, has since filed a new site plan application to legalize the go-kart track, pickleball court and a second-floor party room inside the facility.
Scott’s Pointe opened last fall with an indoor surf pool, rock climbing, laser tag, ax throwing, mini golf and other activities, and earlier this summer unveiled an outdoor adventure course and bumper boats in a human-made lake.
The company was charged $26,293 for the application, double the standard fee since they were built without approvals, according to town senior planner Greg Bergman.
Bergman said he deemed the application incomplete and in a letter inquired about potential batting cages, since they were not depicted in the latest plans.
“I also identified the fact that they’re purportedly using motorized bumper boats on the lake,” he said, which violates approvals that restricted use of the lake to non-motorized recreation.
Scott’s Pointe risked losing tax benefits by the Riverhead Industrial Development Agency because of the violations and lack of compliance.
The company did not make annual payments on time, including a payment in lieu of taxes totaling over $66,000, and employed fewer people than projected, according to a letter sent by IDA director Tracy Stark-James on June 28.
Last year, the business received $456,369 in tax exemptions, according to a report filed with the state Authorities Budget Office.
A 2023 compliance report the company submitted to the Riverhead IDA showed there were 10 full-time employees, below the projected 238.
At an Aug. 5 hearing, Alison LaPointe, an attorney for Scott with Hauppauge-based Certilman Balin Adler & Hyman, said the business now has about 65 full-time employees.
“Having to ramp up to the full number of employees that are fully expected to be at the site is still delayed,” she said.
Stark-James asked the company to submit an amended application to the agency while waiting on town approvals.
“There’s no way to determine how long their site plan approval process will take … but as long as they’re showing progress and initiative in trying to come into compliance, we’re good,” she said at the hearing.
Stark-James said Tuesday the outstanding PILOT, plus $9,724 in late fees, have now been paid in full.
The agency approved a 10-year tax abatement for the company in 2021.
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