Brainstorming re EPCAL

Whither EPCAL???

As Riverhead mobilizes to defeat  the Ghermezians' legal effort to regain their discredited contract to take over EPCAL, we have an opportunity to think creatively about the best use of  our shared resource of 1600+ acres of land.    One thousand acres need to be permanently protected because of their unique environmental characteristics.  The remaining 600 acres of developable land is available for job creating expansion of the industrial core, new sustainable companies, not-for-profit institutions, cultural and sports centers, recreational activities, green energy production, etc.

EPCAL Watch believes the Supervisor and Town Board need to create a transparent public process to develop a comprehensive integrated plan for EPCAL, issue requests for proposals, and evaluate prospective projects.    In the near future a broadly representative EPCAL's Future commission should be named to become the focal point for open discussion and recommendations.

The role of EPCAL Watch at this stage is to provide a forum for community groups and inspired individuals to make public their dreams and goals, formulate concepts, and compare what each other wants to happen at EPCAL.  A  grass roots process will involve the whole community in a creative process to feed ideas for projects and priorities into an EPCAL's Future Commission and responsible town authorities.

Following are unvetted ideas that have already emerged.  Add your own in the comment box at the bottom of this page or by sending them to jmcauliff@gmail.com.  Inclusion means only that an idea seems worthy of consideration and discussion.  It does not mean it is endorsed by EPCAL Watch. Hopefully the list will stimulate individual or group creativity.  Civic associations, HOAs, social organizations, religious institutions, fraternal groups, etc. all have a role to play.

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Robert Gass-EPCAL ideas-2023

 

The future of EPCAL presents a monumental opportunity to lift up Riverhead as a beacon of sustainability and community-focused development. The potential exists to create an innovative hub of green technology, agriculture, eco-living, conservation, recreation, and transportation that sets a new standard for responsible growth. This is a chance to take a historic step forward in building a cleaner, locally-powered, more connected future that benefits all residents. By embracing bold and inclusive visions that maximize quality of life, environmental health, and prosperity for generations  to come, Riverhead can become a model for sustainable community building that inspires far beyond its borders. The decisions made today will resonate for decades. With courage, creativity and care for this place we call home, a brighter dawn awaits.

1.    Sustainable agriculture research campus and urban farming plots - Could include greenhouse facilities, organic farming, aquaponics, renewable energy powered vertical farms, and agriculture tech startups. Provides jobs and healthy local food. This campus would serve as an innovative hub for urban agriculture research and demonstration. The acreage provides ample space for greenhouses, vertical farming operations, aquaponic facilities, livestock grazing areas, and more.

Researchers and entrepreneurs could test and showcase emerging technologies like renewable energy powered vertical farms, autonomous agricultural robots, hydroponic crops grown with precision nutrition monitoring, and advanced greenhouse automation.

There would also be community garden plots and training programs to give residents hands-on urban farming skills. The campus could partner with schools on STEM education programs focused on sustainable food production.

On-site farm-to-table restaurants and weekly farmers markets would provide healthy local food access while minimizing transportation miles. Composting operations would recycle organic waste for renewable fertilizer.

This campus would create agricultural and research jobs, engage students, produce fresh local food sustainably, demonstrate viability of emerging ag-tech, and enhance community education.

 

2.    Eco-village mixed use development - Highly energy efficient homes, offices, shops powered by geothermal, solar, etc. Showcase green building practices and low-impact living. Surrounded by nature trails and preserves. This would be a model community focused on sustainable living and minimal environmental impact. It could combine residential areas, offices, shops, and amenities for a walkable mixed-use village.

Homes and buildings would utilize the latest high-efficiency designs, renewable energy like geothermal and solar, EV charging stations, eco-friendly materials, and smart resource metering.

Nature trails, gardens, and green recreation spaces would surround the village. Preserved wetlands and forests would also buffer development.

With work and entertainment in the same community, this minimizes transportation needs and emissions. It also fosters local community building.

The eco-village would be a globally recognized demonstration site for green building and low-impact living techniques. It would provide sustainable housing and promote small community revitalization.

 

3.    Green energy production - Solar farms, wind turbines, biofuel facilities, etc. Help power surrounding areas through renewable sources produced right in town. The open acreage is ideal for building substantial solar farms to generate emissions-free electricity. This could help power Riverhead sustainably for years to come.

Wind turbines could also harness plentiful wind resources. And the site could support production of biofuels from purpose-grown crops, agricultural waste biomass, and other renewable organic feedstocks.

In addition to the environmental benefits, these facilities would create green energy jobs for construction and ongoing operations. They offer revenue opportunities by selling power to utilities and neighboring communities.

The renewable energy infrastructure complements sustainable development onsite and helps pave the way for a fossil fuel free future, while positioning Riverhead as a leader in the green economy.

 

4.    Eco-industrial park - Businesses located together cooperate to reduce waste and share resources. Closed-loop systems drastically cut environmental impact. This park would cluster manufacturers, businesses, and facilities in a layout designed to maximize resource efficiency and dramatically cut waste.

Neighbors would share resources, byproducts, and infrastructure. For example, one facility's waste heat gets piped to another's building. Or a manufacturer takes another's byproduct as a raw material input.

Renewable energy like solar and geothermal could power the whole park. A microgrid optimizes energy distribution.

Companies jointly invest in reclamation systems. Water gets reused multiple times. No wasting resources or pollution externalities.

The close proximity and resource sharing means far less energy and emissions for transportation. Overall environmental footprint plummets.

This park fosters innovation in closed-loop processes. It provides locational efficiency and collaboration benefits. The model showcases viability of eco-industrial principles.

 

5.    Conservation research center - Scientists study local ecosystems and species. Wildlife rehabilitation facilities care for injured animals. Nature education programs. This center would provide facilities for scientists to study the area's natural assets, ecosystems, and species. Lab space, wildlife habitats, and nature reserves offer plenty of access.

Experts can analyze regional impacts of climate change, urbanization, invasive species, and other pressures. Findings inform sustainable policies and practices.

There could be a wildlife rehabilitation clinic to care for injured animals and prepare them to return to native habitats when healthy.

Nature education programs, interactive exhibits, and observation areas engage the public on conservation. Trails let people experience habitats firsthand.

The center would create research jobs, support environmental science education, provide wildlife rehabilitation services, and deepen understanding of local ecology for better decision-making.

 

6.    Sustainable recreation complex - Hiking and biking trails, kayaking, indoor rock climbing walls, etc. Get people active outdoors while protecting ecosystems. This complex meets recreation demand through facilities like hiking and biking trails, kayak/canoe launch points, rock climbing walls, ziplines, and more - all with minimal environmental impact.

By offering recreation onsite, people have less need to drive elsewhere. Trails and water access get people appreciating nature.

Environmentally sensitive design would protect habitats, by using permeable surfaces, avoiding light pollution, redirecting trails away from nesting areas if needed, etc.

Indoor rock climbing walls give people, especially youth, exciting physical activity without substantial land footprint. Guided eco-tours teach recreation ethics.

The complex promotes healthy lifestyles and showcases recreation harmony with conservation. It also caters to eco-tourists and boosts sustainable economic activity.

 

7.    Green tech accelerator hub - Support early-stage startups focused on renewable energy, clean transportation, recycling innovations, etc. This facility would provide lab, prototype fabrication, and office space for early-stage startups focused on renewable energy, clean transportation, recycling innovations, and other green tech.

Shared access to equipment, infrastructure, and collaborative spaces fosters innovation. Mentorship from scientists, business veterans, and investors helps firms thrive.

Startups receive training on bringing clean technologies to market. Regular demo days to investors, local officials, and potential strategic partners.

The accelerator fosters the green economy through supporting promising companies in areas like solar materials, battery storage, smart grid software, electric vehicles, and carbon capture tech.

As firms grow, they create skilled green jobs. Successful startups continue operations locally wherever feasible, ultimately yielding tax revenues.

 

8.    Eco-tourism attractions - Zip lines through forest canopy, interpretive nature walks, conservation exhibits, etc. Draw visitors to sustainably experience natural assets. Nature trails, conservation exhibits, and activities like zip lines through the forest canopy would draw eco-conscious visitors to the site.

Interpretive hiking tours could showcase local ecosystems and habitats. Kayak eco-tours access wetlands or see birds along the riverfront by sustainable means.

Responsible design like elevated paths through sensitive marsh areas and limitations on visitor numbers protect habitats while allowing access.

Indoor exhibits educate on regional natural assets, wildlife, sustainable practices, and the site's cultural history. Wildlife observation areas give safe proximate animal viewing.

Attractions provide revenue opportunities while promoting appreciation of natural resources and conservation. They enhance sustainable tourism rather than mass tourism.

 

9.    Light rail public transit hub - Connects EPCAL to surrounding areas while minimizing traffic and emissions. Also bike share rentals. A light rail station connecting EPCAL to downtown Riverhead, nearby towns, LIRR stations and beyond would maximize transportation access while minimizing traffic and emissions.

The hub integrates rail, bus transfer, rideshare pickup, bike share rentals, EV charging - enabling seamless low-impact connectivity.

Dense onsite development with a mix of offices, housing, shops by the station makes the transit highly convenient and utilized. This also fosters walkability.

The hub anchors a regional rail network to reduce automobile dependence, congestion, and pollution as the area grows. The environmental and quality of life benefits are substantial.

 

10.  Airship transport docking station - Zero-emission airships moving people and cargo with small ground footprint and far less noise than jets. Riverhead could become a hub for a new generation of innovative airships - shaped like planes but operating more like ships.

Modern airships utilize advanced aerodynamic hull design and hybrid gas/electric propulsion for much greater efficiency and control than blimps of the past.

They offer big advantages in point-to-point cargo and passenger transport with minimal infrastructure needs - able to land and takeoff from open flat spaces like runways or fields.

Airships have a very small noise footprint compared to jets or helicopters, reducing noise pollution. They also have minimal local emissions.

The large but light vessels cause little ground impact or disruption if properly designed mobile mooring structures are utilized rather than fixed terminal buildings.

Riverhead could partner with an airship startup to build docking/mooring facilities. This offers a unique transportation link for cargo and passengers with far lower impact than alternatives.

As the technology matures, airships may become a viable and sustainable mode of regional transportation - especially for bulkier or time-insensitive cargo. With its long runways, EPCAL is ideally suited to pioneer this vision.

The airship facilities would create logistics jobs and tax revenue. The novel service would also draw interest and visitors to the town, while catalyzing development of a promising clean transportation technology.

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Creation of a Village for Dementia Victims

According to the World Health Organization, there are over 55 million people worldwide living with dementia in 2020. This number will almost double every 20 years, reaching 78 million in 2030 and 139 million in 2050. Much of the increase will be in developing countries.

As we have seen during the Covid pandemic, our seniors were not treated well and deserve better than ending up in nursing homes which are dehumanizing, and where they are cut off from society.
In Europe (The Netherlands, France and England) a new way to approach the problem of caring for dementia has been the creation of villages that cater specifically to the needs of these patients, allowing them to live a life as close to normal as possible.

I attach three articles describing these places.

https://www.nytimes.com/2023/07/03/realestate/dementia-villages-senior-living.html

https://www.theguardian.com/society/2022/dec/30/dementia-village-in-warwick-is-a-pioneer-in-person-centred-care

https://www.theguardian.com/artanddesign/2024/jan/28/landais-village-alzheimers-dax-france-john-morden-centre-london-appleby-blue-elderly

I think that could be a wonderful way of using some of the EPCAL space. It would serve a social purpose, bring jobs to the town and could be conceived as environmentally friendly (solar powered houses, facilities).

You can easily imagine a beautifully designed walkable village with a town square, with shops (grocery store, cafes, hairdresser, restaurant, and other essential shops), with communal spaces for events (concerts, parties...), spaces for workshops (choir, handiwork of all kinds, music and singing lessons), park space for nature walks, an indoor pool (solar heated) for exercise and fun, an outdoor pool for the summer (also solar heated), a gym, a day care center (some people with dementia do very well with young children).

The entire village is staffed with people who get trained to handle dementia patients whether he/she is a waiter at the cafe, a cleaning person, a gardener or a physical therapist.

The sky's the limit when it comes to imagining what such a place could be.

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Wind Power or Solar?

The best collection of sources comparing sources of energy is a wikipedia page that has a couple of very useful lifecycle charts.  (click here) 

    https://en.wikipedia.org/wiki/Life-cycle_greenhouse_gas_emissions_of_energy_sources

Land based wind has the virtue of preserving most of the natural ground cover as can be seen from these videos from Ireland.  

https://youtu.be/w4MVSP3Ugh0

https://thetalesoftinyboots.com/galway-wind-way-in-galway-wind-park-walks-in-galway/

Potential noise levels and effects on migrating birds must be evaluated.

                                                                                                                                                          

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A Shinnecock Nation Casino

It is worth discussion with the Shinnecock Nation about the parameters of a potential casino project at EPCAL.   The historic obligation to displaced indiginous populations does not fall only on Southampton and the limited space available on the reservation.

A possible example if a tribal based facility is Mohegan Sun in Connecticut: 

Mohegan Sun is an American casino, owned and operated by the Mohegan Tribe on 240 acres of their reservation, along the banks of the Thames River in Uncasville, Connecticut. It has 364,000 square feet (33,800 square meters) of gambling space.  

It is in the foothills of southeastern Connecticut, where 60 percent of the state's tourism is concentrated. It features the 12,000-seat capacity Mohegan Sun Arena, home of the Women's National Basketball Association's Connecticut Sun. It houses a 350-seat Cabaret Theatre, the 300-seat Wolf Den, and 100,000 sq ft (9,300 m2) of meeting and function room space, including the Northeast’s largest ballroom and 130,000 sq ft (12,000 m2) of retail shopping. ...

Mohegan Sun employs around 8,000 local employees, bringing in $1.07 billion in revenues in 2018.  Concerts and boxing events bring further temporary employment and revenues. The casino also submits about 25% of its revenues from slot machines to the State of Connecticut. However, this impact has not been without costs to the tribe and local communities. The Mohegan Tribe is $1.6 billion in debt while local communities have complained about increased local costs for services associated with casino-related traffic, crime and social welfare service demands.

 https://en.wikipedia.org/wiki/Mohegan_Sun

Reactions to the RV/Lake/Sand Mining Proposal

Following are responses to a proposal favorably considered by the Town Board Work Session on March 21, 2024.

Additional comments can be sent to jmcauliff@gmail.com or inserted in the comment box below.

 The project would use 165 acres, 27.5% of developable land, to construct an artificial lake, RV parking and campgound.

Read about the proposal here https://riverheadlocal.com/2024/03/21/rv-park-pitched-for-epcal-site-would-include-100-acre-manmade-lake-amenities/

Watch the work session from 18:42 to 46 here.  https://videoplayer.telvue.com/player/BjiipOg61Ac-YpNM5RFZy8f49fIMR7Kq/playlists/10578/media/863116


The actual proposal is here  https://www.townofriverheadny.gov/files/documents/SeaSystemsagenda217161516032024-013428PMe.pdf

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The proposal for a 165-acre RV park at the EPCAL site in Suffolk County, New York, exemplifies the intricate entanglement of local politics and economic interests, sparking concerns about the potential repercussions for both the community and the environment. 

Mark Lembo, spearheading the project, and his attorney Steven Losquadro, who also serves as counsel to the Suffolk County Republican Committee, received a notably warm reception from a Town Board aligned politically with the applicant. This alignment raises concerns about possible conflicts of interest and the prioritization of economic benefits over environmental stewardship and community welfare.

Central to the proposal is the excavation of approximately 100 acres to create a manmade lake, positioning the RV park as a prime destination for enthusiasts, complemented by tent and cabin sites. While the project is touted as a recreational boon that could enhance local tourism, it necessitates significant environmental alterations—specifically, the creation of a substantial manmade lake via sand mining. The environmental ramifications of sand mining, including potential habitat destruction, water table depletion, and soil erosion, spotlight the project's environmental concerns.

The project has been enthusiastically endorsed by Supervisor Tim Hubbard and other Town Board members, who highlight its minimal environmental impact and the high demand for RV slots. However, this perspective may overlook broader environmental considerations and community impacts. The involvement of Lembo and Losquadro, figures well-known in Riverhead politics with ties to the Republican party, alongside Hubbard's remarks on the value of sand, underscores the potential for interwoven political and economic interests to influence the approval process.

Additionally, the Town's consideration of increased fees for excavated material removal—not as a project deterrent but as a financial strategy—signals a strong interest in the economic upside of the sand mining component. This fiscal focus, when combined with the political connections at play, prompts questions regarding the impartiality of the project's evaluation and the prospects for subsequent campaign contributions stemming from such a lucrative deal.

Ongoing litigation over the site, resulting from a canceled contract with another developer, adds complexity to the scenario. It highlights the contentious nature of development projects at the EPCAL site and the potential for legal and financial complications that may arise from favoring specific development proposals over holistic planning and community interests.

In summary, the RV park proposal at the EPCAL site represents a broader dilemma where development interests, supported by political alliances, might eclipse concerns for environmental and community welfare. While economic development is crucial, it must be pursued in harmony with sustainable practices and transparent decision-making that benefits the entire community, not merely a select few. The project's enthusiastic reception by the Town Board, despite environmental and ethical concerns, underscores the necessity for vigilance and accountability in local governance.

Furthermore, the RV park proposal conspicuously lacks economic innovation and long-term job creation, especially in providing high-paying employment opportunities for the local community. The development might offer a temporary employment spike during its construction phase, but the ongoing operation of an RV park is unlikely to yield a significant number of high-quality jobs. Typically, such positions are seasonal, part-time, and low-wage, insufficient for meaningful economic upliftment of the local populace or the attraction of skilled labor. This shortfall in the project reveals a lack of vision and ambition for the EPCAL site, which harbors the potential for more innovative and economically transformative projects. Rather than seizing opportunities that could deliver substantial employment, foster skill development, and propel sustainable economic growth, this proposal seems to opt for a quick, politically expedient solution that neglects the site's unique potential for significant community and economic advancement.

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Based on information from a source providing details on Long Island sand prices, fine sand is priced at $45 per cubic yard

With the total volume of sand from a 100-acre pit dug down 20 feet being approximately 3,226,667 cubic yards.

Let's do the calculation.

The total value of the sand in a 100-acre pit dug down 20 feet, based on the current price of Long Island sand, would be approximately $145.2 million. 

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I emailed a while back about how nothing will pass the Town Board for EPCAL unless it provides big bucks to the Republican Party and their minions. This new sand mining lake proposal is a disgrace and a rape of EPCAL to fill the pockets of the Republicans of Suffolk County. What a shame. When the town inherited the site one of the main reasons was to provide jobs for all the skilled workers being laid off by Grumman. Another reason was to provide recreational opportunities for the people of Riverhead. What happened? This will provide nothing for the people of Riverhead.

EPCAL References in Draft Comprehensive Plan Update

 

From the Final Draft

Chapter 4

Goal 1. Reassess the development strategy for EPCAL to ensure the economic and community benefits of proposed projects align with local needs and that impacts are proactively addressed. Riverhead's substantial industrially zoned areas offer great opportunities for economic development. Enterprise Park (EPCAL) is uniquely suited for office, industrial, and commercial recreation development, due to its central location and convenient access from the LIE and existing essential infrastructure. The Town�s ownership of the property provides it with the ability to effectuate appropriate development in emerging industries and bring the property back onto the tax rolls through its sale. This increased revenue stream can help ease the tax burden on existing residents and businesses, provide funds for essential public services, and support local infrastructure improvements. 1.1. Continue to promote economic development opportunities in the EPCAL area, while creating a framework to make sure potential negative impacts are addressed. In light of the recent unsuccessful development proposal at the Enterprise Park at Calverton (EPCAL), it is recommended that the Town revisit zoning regulations for the Planned Development (PD) district. The existing district is fairly liberal with regard to land uses, and it may be appropriate to limit some activities which the community did not support. Air cargo was recently eliminated through a Town code amendment. Systematically re-evaluating the potential impacts of other types of industrial development will help the Town to make more informed decisions and take steps to address concerns effectively while fostering responsible and sustainable development in the area. Certain intensive uses such as an air cargo terminal should be eliminated. A reevaluation of the potential impacts should ensure that roads, utilities, and public services can accommodate the increased demand from the proposed development. Recognizing the community's desire for a collaborative planning approach, a comprehensive study involving residents, NYSDEC, and other stakeholders should be initiated. This study would formulate a collective vision, identify desirable economically viable uses, explore subdivision plans, and address environmental considerations. This approach would also enhance eligibility for grant funding. One of the biggest concerns was the need to ensure that roads, utilities, and public services can accommodate the increased demand from the proposed development. A plan for roadway improvements needs to be proactively established. The Town should also explore options for public transportation services that can serve industrial areas and reduce the need for additional road development. Chapter 5: Transportation and mobility discusses transportation issues in more detail. This chapter also includes the potential to activate the existing rail spur which could potentially be used for freight and/or passenger service

Goal 8. Promote sustainable economic growth and development and foster the creation of employment opportunities. Investing in workforce development is vital for the economic growth and sustainability of Riverhead. Regional institutions such as Suffolk County Community College and Cornell Cooperative extension, and local employers including Peconic Bay Medical Center, are partners in the growth and development of a diverse job market. The development of EPCAL also has the potential further diversify the job market in fields such as technology, sustainability, and other industries.

Chapter 13

Enterprise Park at Calverton (EPCAL) In light of several prior unfulfilled development proposals at the Enterprise Park at Calverton (EPCAL), it is recommended that the Town revisit zoning regulations for the Planned Development (PD) district. The existing district is fairly liberal with regard to land uses and it may be appropriate to limit some activities which the community did not support such as a cargo airport. Recognizing the community's desire for a collaborative planning approach, a comprehensive study involving residents, NYSDEC, and other stakeholders should be initiated. This study would formulate a collective vision, identify desirable economically viable uses, explore subdivision plans, and address environmental considerations. This approach would also enhance eligibility for grant funding. Since potential zoning changes are unknown, and any potential future development is speculative, the GEIS cannot assess potential changes at this site.

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Personal comments on the earlier draft:

Following are some abbreviated personal reactions to the draft comp plan that respond to your references to EPCAL and emerge from the experience of EPCAL Watch. 


1)  Chapter 2  In addition to responsible industrial development and recreational opportunities, the plan should include the possibility of not for profit educational and cultural institutions that serve populations east and west of us as well as Riverhead.   Discussion of use of a portion of the land for wind turbines and for well designed gambling facilities in cooperation with the Shinnecock Nation should not be excluded. 


2)  Chapter 4  Long term leases as well as land sales must be considered.   Any and all aviation uses of the runways should be forbidden.  They should be decommissioned to remove them from commercial consideration and motivation.


3)  Chapter 7  "section 9.2 of the CLUP allows economic development in EPCAL without the development restrictions that are imposed elsewhere in the core preservation area by the Pine Barrens Protection Act."

 Should this still be the case?


4)  Chapter 9  "EPCAL - It would be great if the access road behind Wellbridge on Grumman Blvd could be opened for the Fire Department to use." 

That should involve serious consideration about the impact of emergency vehicle transit on Wellbridge's treatment and rehabilitation mission.  Prohibition of siren use and restriction of vehicle speed are important if the access road is close to the facility.

   
5)  Chapter 11   "The extension of the district boundaries is expected to take place once the property is sold" 


Or leased


6)  Chapter 13   "The existing district is fairly liberal with regard to land uses and it may be appropriate to limit some activities which the community did not support such as a cargo airport." 

Or any other aviation use of runways.       


 "Recognizing the community's desire for a collaborative planning approach, a comprehensive study involving residents, NYSDEC, and other stakeholders should be initiated. This study would formulate a collective vision, identify desirable economically viable uses, explore subdivision plans, and address environmental considerations. "    

Well stated.   The process of community involvement at early stages is important.  Planning should include attention to the permanent protection and, as appropriate, integration of the 1000 non-developable acres.


John McAuliff
Coordinator, EPCAL Watch 

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References to EPCAL in Draft Comprehensive Plan Update.  Highlighting is mine of language that caught my attention.  Red are my comments.

--John McAuliff

 

 

Draft CPU Chapters

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  The draft chapters are presented in their current form as a preliminary drafts for public review.  Please note that the chapters will be further refined once comments are received from the community. Since it is an interim document, it is in a raw formatted form. The revised draft will be arranged in a more graphic format with photos, figures, and other visual elements to enhance clarity and understanding.  

 

 

Please email comments to compplan@townofriverheadny.gov.

Deadline for comments: March 15, 2024

 

 

 

Chapter 2  Development Patterns: Land Use and Zoning

https://img1.wsimg.com/blobby/go/cb511a7b-c1ae-4e5b-bcb1-8e264103ff89/downloads/Chapter%202.%20Land%20Use%20and%20Zoning_2024-01-26.pdf?ver=1709145862242

 

Economic Development (Ch. 4) The Economic Development chapter outlines a comprehensive set of initiatives to guide land use and zoning strategies, aiming to balance economic growth with community needs. One topic is the reassessment of the Enterprise Park (EPCAL) development strategy with the initiation of a collaborative study involving residents and stakeholders. The goal is to proactively address potential impacts, improve infrastructure, and align development with local needs. Additionally, the chapter emphasizes responsible industrial development by encouraging recreational opportunities, scaling back allowable density in industrial areas “outside the fence,” allowing for slightly higher building heights (with increased setbacks, and incorporating design standards for aesthetics and environmental harmony.

 

Chapter 4  Economic Devevelopment

https://img1.wsimg.com/blobby/go/cb511a7b-c1ae-4e5b-bcb1-8e264103ff89/downloads/Chapter%204_Economic%20Development-clean.pdf?ver=1709145862243

 

Goal 1. Reassess the development strategy for EPCAL to ensure the economic and

community benefits of proposed projects align with local needs and that

impacts are proactively addressed.

Riverhead's substantial industrially zoned areas offer great opportunities for economic

development. Enterprise Park (EPCAL) is uniquely suited for office, industrial, and commercial

recreation development, due to its central location and convenient access from the LIE and existing

essential infrastructure. The Town’s ownership of the property provides it with the ability to

effectuate appropriate development in emerging industries and bring the property back onto the

tax rolls through its sale.   Or lease This increased revenue stream can help ease the tax burden on existing residents and businesses, provide funds for essential public services, and support local

infrastructure improvements.

1.1. Continue to promote economic development opportunities in the EPCAL area, while creating

a framework to make sure potential negative impacts are addressed.

In light of the recent unsuccessful development proposal at the Enterprise Park at Calverton

(EPCAL), it is recommended that the Town revisit zoning regulations for the Planned Development

(PD) district. The existing district is fairly liberal with regard to land uses, and it may be appropriate

to limit some activities which the community did not support. Air cargo was recently eliminated

through a Town code amendment. Systematically re-evaluating the potential impacts of other

types of industrial development will help the Town to make more informed decisions and take steps

to address concerns effectively while fostering responsible and sustainable development in the

area. Certain intensive uses such as an air cargo terminal should be eliminated.   Any aviation use of the runways should be proscribed.  A reevaluation of the potential impacts should ensure that roads, utilities, and public services can accommodate the increased demand from the proposed development.

Recognizing the community's desire for a collaborative planning approach, a comprehensive study

involving residents, NYSDEC, and other stakeholders should be initiated. This study would

formulate a collective vision, identify desirable economically viable uses, explore subdivision plans,

and address environmental considerations. This approach would also enhance eligibility for grant

funding.

One of the biggest concerns was the need to ensure that roads, utilities, and public services can

accommodate the increased demand from the proposed development. A plan for roadway

improvements needs to be proactively established. The Town should also explore options for public

transportation services that can serve industrial areas and reduce the need for additional road

development. Chapter 5: Transportation and mobility discusses transportation issues in more

detail. This chapter also includes the potential to activate the existing rail spur which could

potentially be used for freight and/or passenger service.

 

 

Goal 8. Promote sustainable economic growth and development and foster the creation of employment opportunities. Investing in workforce development is vital for the economic growth and sustainability of Riverhead. Regional institutions such as Suffolk County Community College and Cornell Cooperative extension, and local employers including Peconic Bay Medical Center, are partners in the growth and development of a diverse job market. The development of EPCAL also has the potential further diversify the job market in fields such as technology, sustainability, and other industries.

 

8.4. Carefully consider EPCAL development proposals to maximize living wage job creation and workforce training opportunities. This recommendation urges a meticulous approach in evaluating EPCAL development proposals, with a focus on job creation and workforce development. Giving priority to projects that create living wage jobs and training opportunities for Riverhead residents provides a pathway to economic stability and growth for community members.

 

 

Chapter 5   Transportation and Mobility

https://img1.wsimg.com/blobby/go/cb511a7b-c1ae-4e5b-bcb1-8e264103ff89/downloads/Chapter%205%20-%20transportation%20and%20mobility_Clean.pdf?ver=1709145862243

 

New York State Route 25 (NY25) NY 25 spans from the Edward M. Koch Bridge in Queens to Orient Point, covering the entire length of the Town of Riverhead with two lanes—one in each direction. This road, connecting the western border to the LIE, provides access to Calverton National Cemetery in the west and Splish-Splash Water Park in the east. West of the LIE, development is relatively sparse on NY25, but it offers entry to the former Grumman Naval Weapons Research facility, now known as Enterprise Park at Calverton (EPCAL). Since 2013, traffic volumes on this NY25 section have increased by less than 0.5% per year….

 

Exceptions to this generalization exist, such as the impact on NY25 between Wading River Road and Manor Lane, which will come under considerable demand pressure as the EPCAL property is built out….

 

Enterprise Park at Calverton (EPCAL) Regarding EPCAL, the 2003 Plan recognized the necessity of widening NY25 due to the impact of the property's development, a need confirmed in an FGEIS completed in connection with the most recent proposal for the property. While the exact nature of the property's development is unknown, extensive roadway mitigation, including facility widening, intersection approach widenings, and traffic signal updates, will be required According to the NYSDOT, an increase in peak hour traffic volumes of only 1,000 vehicles would trigger the need to widen NY 25. Thus, widening would be required well before Enterprise Park is built out to its full potential. The FGEIS prepared for the 2016 EPCAL Reuse and Revitalization Plan identified substantial specific improvements to the transportation system that would be necessitated by phased build out of the EPCAL parcel. The improvements were based on assumed levels of trip generation that would occur based on phased development of the property under the adopted Planned Development District that was the subject of the FGEIS. A summary of the system improvements and the estimated time when they would be triggered is as follows: 2025 • Widen NY25 to five (5) Lanes (two lanes in each direction with center turn lane) • Widen approaches to twelve (12) intersections • Upgrade five (5) existing traffic signals • Install six (6) new traffic signals 2035 • Additional widenings at eight (8) intersections • Upgrade ten (10) signals • Install one (1) additional signal Note that these mitigation measures are likely needed regardless of the ultimate development, and that basing the need on the levels of traffic generated remains a valid strategy that the Town should consider maintaining. Coordination with NYSDOT and other agencies will also be required…..

 

• In 2010, the Town of Riverhead obtained Federal Funding for the rehabilitation of the industrial rail spur that served the former Naval Weapons Research facility in Calverton, now known as EPCAL. Limited freight service is provided to several manufacturing companies located at EPCAL….

 

In addition, there are numerous connecting routes and the recently opened Vietnam Veterans Memorial Recreation Trail at the Calverton Enterprise Park (EPCAL), a continuous 10- mile loop using the security road around the perimeter of the former Grumman facility in Calverton. …

 

In 2019, the Town of Riverhead completed the EPCAL Alternative Transportation Path, which loops around the 2,900-acre Enterprise Park at Calverton (EPCAL) and links to the 65-acre recreational facility on the western portion of the park. The trail utilizes the perimeter road that was once used by Grumman Corporation personnel for security during its more than 40 years of operation. EPCAL is adjacent to an existing 491-acre industrial park and future commercial uses once a subdivision is completed by the town on the remaining acreage available for private investors. The park’s continuing redevelopment is expected to result in economic investment and employment as it will be attractive to companies to be near amenities that promote a healthy lifestyle to employees….

 

Goal 3: Goal: Support economic growth at EPCAL through a well-defined transportation plan.

The future of EPCAL development presents new opportunities for redevelopment strategies, including potential Land Uses and proactive measures to ensure any impacts are addressed. Regardless of the nature of the ultimate development, improvements to the transportation system will be required to accommodate the additional traffic expected to be generated. NY State’s involvement should be overseen by its Empire State Development Agency. 3.1: Review and update off-site improvements needed to mitigate EPCAL traffic. The FGEIS prepared for the 2016 EPCAL Reuse and Revitalization Plan identified substantial improvements to the transportation system that would be necessitated by phased build-out of the 2,324-acre EPCAL parcel. The improvements were based on assumed levels of trip generation that would occur, based on phased development of the property under the adopted Planned Development District (PDD) that was the subject of the FGEIS. A similar process should be undertaken for any new proposals considered by the Town….

 

3.3: Initiate needed roadway improvements by other agencies. The 2016 traffic mitigation plan identified the need for widening NY25 from William Floyd Parkway in the west to I495/LI Expressway in the east to provide two travel lanes in each direction, regardless of the ultimate development of EPCAL. NYSDOT’s five-year Transportation Improvement Plan (TIP) contains no plans to implement this improvement. Discussions should be held with NYSDOT to initiate the planning and design process in this regard. In the past, NYSDOT has expressed the willingness to engage with the Town regarding the long-term solution for NY25. An alternative to some of the improvements needed on NY25 could be the construction of an access road to the south from EPCAL, generally following Connecticut Avenue and Halsey Manor Road to the Long Island Expressway, and extension of service roads to the west to CR111/Eastport Manor Road (Exit 70). That alternative would need to address the presence of Long Island Pine Barrens lands, freshwater wetlands, and residences, primarily along the north-south portion of its route and would also require coordination with the Town of Brookhaven. 3.4: Explore expanded use of rail transportation for EPCAL, for both people and freight. The existing rail spur connecting the LIRR main branch track to the EPCAL property should be an integral part of the transportation solution for the property. The spur currently carries freight only. Development plans should include use of the spur, and consideration should be given to utilizing the spur for passengers as well as freight. Passenger service could be provided from the Ronkonkoma LIRR Station east to Riverhead, with a transfer at Riverhead to a shuttle service to EPCAL. Any required upgrades to the spur should be included in the solution. Freight Movement of freight by rail has the potential to remove many truck trips from the local roadways, and to minimize the impacts of development at EPCAL on the transportation system. In light of public concern regarding recent applications for significant new warehouse space in the Town, rail freight service could help catalyze industrial development at EPCAL, which has been the subject of significant public concern. Passenger Rail The rail spur serving the EPCAL property was rehabilitated in 2010 to industrial rail standards. Providing passenger rail service via this link would require determining that the facility is adequate for safe passenger rail service. The Town should consider contracting for services to initiate the process for this determination.

 

 

Chapter 7 Natural Features and Environmental Resources

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The Calverton redevelopment policy under section 9.2 of the CLUP recognizes that economic development on the former Calverton Navel Industrial Reserve Plant property, known as EPCAL, is considered a public improvement and is not considered “development” as defined in the Pine Barrens Protection Act. This policy effectively exempts the area from additional restrictions on development that are otherwise imposed on areas within the core preservation area by the Act….

 

Following the Plan’s directives is essential to help protect natural resources critical to Riverhead and the region for the long term. This Plan is anticipated to be amended in 2024. The EAC should review the updated Plan to determine whether to recommend revisions to Riverhead’s Community Preservation Project Plan and Town Code. As noted in the existing conditions section of this chapter, section 9.2 of the CLUP allows economic development in EPCAL without the development restrictions that are imposed elsewhere in the core preservation area by the Pine Barrens Protection Act.   Should this still be the case?

 

 

Chapter 8 Parks, Open Space, and Recreation

https://img1.wsimg.com/blobby/go/cb511a7b-c1ae-4e5b-bcb1-8e264103ff89/downloads/Chapter%208_Open%20Space%2C%20Parks%2C%20and%20Recreation__2.pdf?ver=1709145862243

 

Veterans Memorial Park The 62-acre park which opened in 2013, features softball and baseball fields, bocce ball and pickleball courts, a playground, dog park, concession stand, picnic areas and nature trails. The park provides access to the 9.2-mile Vietnam Veterans Memorial Recreational Trail which provides a loop around EPCAL.

Vietnam Veterans Memorial Recreational Trail This off-road path loops approximately 9-miles around Enterprise Park and connects Veterans Memorial Park, Grumman Memorial Park, and links to the New York State Route 25 Bike Route and the County Route 94 Bike Path. The trail encourages biking, walking, running, and other nonmotorized means of transportation. Completion of the first 3 miles was completed in 2008. After several more years of advocacy efforts by the Riverhead Alternative Transportation Committee, an extension was The Trail was completed in 2019. The project was partially funded through a New York State Office of Parks, Recreation and Historic Preservation grant. The Wells family cemetery is situated between the recreation trail and River Rd and was recently restored through an Eagle Scout project.

 

 

Chapter 9: Community Facilities

https://img1.wsimg.com/blobby/go/cb511a7b-c1ae-4e5b-bcb1-8e264103ff89/downloads/Chapter%2010_Community%20Facilities_Riverhead%20CPU-.pdf?ver=1709145862243

Police Department Needs Facility space is of concern as the Police Department has outgrown its current facility. Training facilities are also limited. Other needs cited by the Department include improved technology and  additional police vehicles. The Department expects that there will be increasing demand for services, particularly considering anticipated development downtown and the potential for industrial or other development at EPCAL….

 

1.2. Identify a long-term strategy for Riverhead Town Volunteer Ambulance Corps (RTVAC) facilities. The RTVAC and the Town should work together to develop a long-term strategy for expanding or replacing the Osborne Avenue Headquarters. Although the site may not be able to accommodate an expansion, adjacent underutilized sites could potentially be purchased. Any needs at the Jamesport station should also be addressed. The RTVAC may also need additional substations, such as at EPCAL.

1.3. Ensure that EPCAL has adequate police, firefighting, and ambulance services and explore methods to finance the construction of substations. When EPCAL is developed, police, RTVAC, and fire substations may be needed. The Town should work with the Police Department, RTVAC, Manorville Fire District, Riverhead Fire District, and Wading River Fire District and Ambulance to determine needs, financing, and appropriate locations (e.g., Grumman Boulevard). Developers should be required to help finance these improvements. One possibility is the development of a fire brigade within EPCAL that could be drawn from volunteers who work at EPCAL businesses.

1.4. Support the expansion or new construction of firehouses to accommodate new and larger firefighting equipment. New firefighting equipment and facilities are needed to service new development. For example, if tall buildings are built at EPCAL, the Riverhead and Manorville departments would need larger aerial devices and stations with larger bays….

2.1. Plan for specialized training and equipment for modern firefighting challenges, such as Battery Energy Storage System (BESS) facilities. BESS fires require nontraditional firefighting methods, training, and equipment. The Town must support fire departments to ensure firefighters are prepared. The Manorville Fire District identified the need for training and a water and ice rescue vehicle for coverage of the water park and ATVs for coverage of the Pine Barrens area. Specialized training may also be needed to provide service to new uses at EPCAL….

 

EPCAL - It would be great if the access road behind Wellbridge on Grumman Blvd could be opened for the Fire Department to use. It would decrease response time to the Grumman facility, the water park, and the new Ice rink, instead of having to respond via Route 25. The Town should investigate paved access roads in EPCAL for these locations….

 

3.3. Help the Peconic YMCA identify a suitable site in Riverhead and advocate for needed amenities. The feasibility of establishing a YMCA at the Town-owned Armory is ongoing. Alternatively, the Town should proactively seek out another centrally accessible site, considering the potential advantages of co-locating with Veteran’s Memorial Park at EPCAL. The YMCA and the Town should collaborate to determine the recreational amenities and programs provided to ensure this significant facility responds to community needs

 

 

Chapter 11 Infrastructure and Utilities

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The Calverton Sewer District was formed in 1999 when the EPCAL property was conveyed to the Town. The Calverton District comprises the 550 acres in the EPCAL industrial core area. The treatment plant was built in the 1950’s and three pumping stations transport wastewater to the treatment plant. Riverhead Sewer District Map Source: Suffolk County GIS The Calverton Sewer District plant was upgraded and went online June of 2021. The Calverton Sewer District has also completed a Map and Plan to extend the sewer district boundaries to include the EPCAL property that is for sale. Thus, sanitary waste from development of the EPCAL property will be treated at a modern facility. The extension of the district boundaries is expected to take place once the property is sold….  or leased

 

[Riverhead Water] District representatives identified a need for the district to plan for large scale industrial complexes, EPCAL, and residential development….

 

A water district such as Riverhead requires NYSDEC approval for expansion of its infrastructure showing supply calculations and needs. However, there has not been an approval for expansion from NYSDEC in over twenty years. According to water district representatives, this approval process has been problematic, and has complicated the EPCAL redevelopment process. SCWA and DEC are not in agreement on who should supply EPCAL, despite the fact that Riverhead has been serving the area since it was transferred to the Town. A solution must be developed for this situation so that the water district can continue to grow and operate.

 

Chapter 12 Sustainability and Resilience

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6.1. Promote EPCAL and industrial sites to green technology and finance companies. The IDA and town should be strategic about the development of EPCAL by promoting the site to green technology companies that could provide quality jobs and tax revenues, reduce climate impacts, and attract investment from related companies and into infrastructure.

 

 

Chapter 13. FUTURE LAND USE

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Enterprise Park at Calverton (EPCAL) In light of several prior unfulfilled development proposals at the Enterprise Park at Calverton (EPCAL), it is recommended that the Town revisit zoning regulations for the Planned Development (PD) district. The existing district is fairly liberal with regard to land uses and it may be appropriate to limit some activities which the community did not support such as a cargo airport.  Or any other aviation use of runways.   Recognizing the community's desire for a collaborative planning approach, a comprehensive study involving residents, NYSDEC, and other stakeholders should be initiated. This study would formulate a collective vision, identify desirable economically viable uses, explore subdivision plans, and address environmental considerations. This approach would also enhance eligibility for grant funding. Since potential zoning changes are unknown, and any potential future development is speculative, the GEIS cannot assess potential changes at this site….

 

Ind B properties at intersection of Routes 25 and 25A There are two Industrial B properties at this location. One of the parcels is currently a gas station. It may be reasonable to rezone both parcels to HC or RLC, recognizing that a small-scaled commercial use serving Calverton may be more appropriate and locally supported than industrial uses. This small commercial node would be especially important if EPCAL were to be redeveloped. Zoning for this area could be further analyzed as part of a hamlet study for the Calverton area.

 

 

 

Amended Ghermezian Complaint

Analysis of the legal situation by Robert Gass

I am not an attorney, but I did some research. ( double check everything ):

Understanding the new amended Lawsuit

The Basics

• Plaintiffs: Calverton Aviation & Technology LLC (CAT), a subsidiary of the Ghermezian family's Triple Five Worldwide conglomerate.
• Defendants: The Town of Riverhead, the Town of Riverhead Community Development Agency (CDA), and the Town of Riverhead Industrial Development Agency (RIDA).
• Court: Supreme Court of the State of New York, County of Suffolk.

Specific Causes of Action

The primary claims by CAT are:

• Breach of Contract:  The Town, CDA, and RIDA allegedly violated the original Purchase Agreement (dated November 19, 2018) and subsequent agreements (the Letter Agreement and the Preliminary Agreement).
• Fraud: CAT accuses the Town and CDA of making false representations to induce CAT to agree to the restructured deal involving RIDA.
• Bad Faith: The Town and CDA are accused of not acting honestly or sincerely to fulfill their obligations under the agreements.
• Improper Interference: CAT claims the Town improperly influenced RIDA's review process to get a negative outcome against CAT.

What CAT Wants (Goals)

The plaintiffs are seeking the following:

• Compel Closing: Force the Town to proceed with the sale of EPCAL to CAT, as promised in the agreements.
• Financial Damages:  Seek compensation for the losses CAT has suffered due to the defendants' actions, which may include expenses and potential lost profits.
• Injunctive Relief  a court order preventing the Town from selling EPCAL to anyone else while the lawsuit is ongoing.

Key Points from the Lawsuit

• The Project: CAT plans to develop the EPCAL site for environmental, energy, and academic tenants. Phase 1 involves a $250 million investment and building 1 million square feet of space.
• Town's Obligations: The Town failed to get approvals for subdividing the property, which stalled the purchase.
• RIDA Review: CAT agreed to RIDA reviewing its financial ability, but alleges it was a pretextual process with the outcome predetermined by the Town to get out of the deal.
• Political Motivations: CAT suggests the Town's actions were motivated by public opposition to the project and upcoming elections.

Important Notes

• This is only one side of the story. We don't yet have the Town of Riverhead's response, which would likely offer opposing interpretations of the agreements and events.
• The outcome of this lawsuit is uncertain. The court will analyze the legal arguments and evidence to decide if the Town breached the agreements and acted improperly.

 Here's the approach someone might suggest:

Lines of Defense

1. Contradictions and Misrepresentations:

• Highlight CAT's prior detailed plans and drawings featuring a cargo jetport.
• Demand specific, credible declarations about what they now intend to build, supported by concrete plans and financial models.
• Argue that CAT's sudden about-face undermines their credibility and supports a claim of misrepresentation, potentially negating the whole agreement.

2. Triple Five's Financial Situation and Litigation History

• Subpoena detailed financial records to verify Triple Five's debts and liabilities. Seek expert analysis to show if they truly have the capability to finance the project.
• Investigate the allegations in other lawsuits, particularly related to fraud and scams. If patterns exist, this damages their credibility as a reliable development partner.
• Present evidence demonstrating that Triple Five's financial and legal issues raise legitimate concerns about their ability to meet obligations within the Purchase Agreement.

3. Breach of the 'Good Faith' Obligation

• Argue that the sudden shift in development plans, coupled with Triple Five's history, violates the implied duty of good faith and fair dealing in contract law.
• Point to the Town's efforts to facilitate the original Purchase Agreement, and how CAT's inconsistent plans obstructed the process, amounting to a breach of faith.

4. Improper Purpose and Public Harm

• If local public opposition to the original cargo jetport plan was significant, gather evidence to support this. This shows CAT attempted to mislead the public.
• Argue that their shift in plans is a bad faith tactic to circumvent public concerns after making binding agreements with the Town. This lack of transparency is harmful to the public interest.

Strategic Considerations

• Counterclaims:  Consider filing counterclaims for damages. For example, costs incurred by the Town due to CAT's inconsistent plans or any misrepresentations they made.
• Public Outreach: The Town should have a robust public relations strategy to address the public's changing perceptions and inform them about the potential risks of partnering with CAT and Triple Five.
• "No Surprises" Defense:  Throughout the trial, emphasize that the Town acted in good faith on an agreed-upon project, only for CAT and Triple Five to alter the foundational development plans.

Important Notes

• Strength of Evidence:  The Town's success rests largely on uncovering clear evidence of misrepresentation by CAT and the financial issues impacting Triple Five's ability to perform.
• Local Political Climate: The outcome could hinge on the strength of public opposition and whether it outweighs the potential economic benefits. The Town may need to offer alternative development plans for public consideration.

 

Comparison

Again, please keep in mind that I am not an attorney. Double check all these ideas and conclusions. After doing some research, here is a summation from a non-attorney. It's a breakdown comparing the two lawsuits highlighting the key differences:

Similarities

• Plaintiff: Both lawsuits are filed by Calverton Aviation & Technology LLC (CAT).
• Defendants: Both lawsuits name the Town of Riverhead, the Town of Riverhead Community Development Agency (CDA), and the Town of Riverhead Industrial Development Agency (RIDA).
• Project: Both lawsuits center around the failed development deal for the Enterprise Park at Calverton (EPCAL).
• Accusations: Both lawsuits allege breach of contract, fraud, and improper actions on the part of the defendants that led to the deal's collapse.

Key Differences

5. Original Lawsuit (January 2024):

   • Focus: Addresses the Town's failure to obtain subdivision approval, which stalled the project. Emphasizes CAT's flexibility to renegotiate and even accept an inferior ground lease structure to keep the project moving.
   • RIDA's Role: RIDA's financial review of CAT is portrayed as a manufactured barrier created by the Town to justify terminating the contract.
   • Fraudulent Inducement:  Centers on the Town's alleged misrepresentation that it would close the deal even if RIDA did not approve CAT, used to get CAT to agree to the restructured deal.

6. Amended Lawsuit (February 2024):

   • Focus: Heavily emphasizes the wrongful termination based on RIDA's pretextual finding that CAT lacked financial capability.
   • RIDA's Role: Depicts RIDA as manipulated by the Town Board, who pressured them for a negative outcome. Further alleges that RIDA and the Town colluded behind the scenes, violating RIDA's obligation to hold a public hearing.
   • Political Motivations: Explicitly states that the Town's actions were driven by political opposition to the project leading up to the 2023 elections, rather than legitimate concerns about CAT's ability to perform.
   • Cure Attempt: Includes details about CAT's attempt to cure the alleged financial ability breach by offering to pay cash and provide a letter of credit, which the Town ignored.

Overall Shift in the Narrative

The amended lawsuit presents a more aggressive posture by CAT. There's a stronger emphasis on:

• Illegitimate Termination: The focus is less on the Town's past failures to facilitate the deal and more on RIDA's allegedly improper denial of CAT's financial capability.
• Collusion and Bad Faith: The Town and RIDA are accused of actively working together against CAT, undermining the integrity of RIDA's review process.
• Political Games: Public opposition to the project and the election cycle are portrayed as the driving factors behind the Town's behavior.

It's Important to Note

• These descriptions are based on the plaintiffs' side of the story; the Town of Riverhead would likely offer a very different narrative.
• Lawsuits are complex, and the outcome of this case remains uncertain.

Here's a breakdown of how someone might approach things if they were the Town of Riverhead's legal counsel. Remember, this is from a non-lawyer and doesn't replace getting advice from a qualified attorney with local knowledge.

Immediate Next Steps

Gather Evidence:  Meticulously collect all communications, contracts, meeting minutes, etc., related to the EPCAL project. Pay close attention to anything supporting your version of events.

Witness Interviews:  Interview key Town staff, CDA members, and potentially RIDA members involved in the decisions. Document their recollections and understanding of events, especially those countering CAT's narrative.

Analyze Local Law: Review local ordinances and statutes related to development agreements, the CDA's and RIDA's powers and procedures. Look for potential defenses based on the Town's adherence to regulations.

Focus of the Town's Reply (Key Defense Points)

1. Contractual Compliance (Procedural): Argue the Town acted within its rights under the Purchase Agreement (and subsequent agreements). Emphasize any clauses providing the Town discretion in terminating the deal under specific circumstances.
2. Good Faith Efforts:  Present evidence supporting the Town's attempts to facilitate the deal, highlighting any actions taken to help CAT overcome the hurdles (subdivision, etc.). This counters the 'bad faith' and 'collusion' accusations.
3. RIDA's Independence:  Underscore RIDA's role as an independent agency. Provide evidence supporting RIDA's autonomy in its review process, demonstrating a lack of improper influence from the Town Board.
4. Public Interest:  Frame the argument by highlighting the Town's responsibility to protect taxpayers' interests. Emphasize that public concerns over the project were valid and legitimate and not merely political maneuvering.
5. CAT's Misrepresentations (Potential): Investigate if CAT misrepresented its plans for the site (i.e., the cargo jetport issue). If inconsistencies exist, use it to cast doubt on their credibility and whether they upheld their contractual good faith obligations.

Areas Where The Town Needs to be Cautious

• Optics of Collusion:  Avoid any actions or communications that could even remotely suggest the Town exerted control over RIDA's process. This is critical, as CAT's accusations center around this point.
• Public Records:  Anticipate public records requests (FOIA) from CAT seeking internal Town or CDA communications. Be mindful that these could become evidence, and any statements contradicting your defense would be damaging.
• Public Opposition: Be sensitive to public sentiment while upholding the Town's legal position. If opposition was a significant factor, find ways to justify it based on legitimate concerns (e.g., environmental impact, project scale changes) rather than purely political ones.
• Financial Prudence: If RIDA's concerns about CAT's financial ability genuinely existed, be careful not to overstep your authority or misrepresent information to RIDA. Actions aiming solely to stop the project rather than a good-faith assessment could strengthen CAT's claims.

Important Considerations

• Settlement as an Option: Explore settlement options if the Town's risk of losing seems high or if a protracted legal battle is a bad look politically.
• Counterclaims: Consider counterclaims if there's potential that CAT breached the agreement or made misrepresentations to the Town.
• Public Relations:  Develop a strong public relations strategy alongside your legal defense. The narrative in the court of public opinion will matter substantially.

Robert Gass is a retired New York City Battalion Fire Chief who lives in Calverton.  He has no legal training but has strong research skills and insight.

Ghermezian Excerpts

 Excerpts from the Ghermezians' Complaint Against the Town Board, CDA and IDA

For summary of legal case and full text of complaint, go to 

https://riverheadlocal.com/2024/01/08/cat-files-lawsuit-against-riverhead-town-seeking-to-reverse-cancellation-of-epcal-sale/

Note that these are no more than allegations, one side of a legal conflict that needs to be proven in court.

11.

The seemingly spontaneous request for CAT to submit to review by RIDA was outside of any obligation in the Purchase Agreement and outside of any normal course activities of RIDA.

12.

CAT initially refused to agree to the RIDA review, but the Town threatened CAT that, if it did not agree, CAT would have to sue in order to force the Town and the CDA to close on the Purchase Agreement.

13.

During negotiations, to induce CAT to agree to RIDA review and assuage CAT’s concerns, the Town and the CDA represented to CAT that the ability to terminate was solely for “optics”, but that that the Town fully intended to close with CAT even if RIDA, ultimately, did not approve CAT.

14.

In a March 2022 meeting, ...Aguiar told Justin Ghermezian, Margaret Blakey, and Alan Glazer of CAT that she wanted to be “crystal clear” that the Town fully supported closing the deal with CAT and that the RIDA process was solely intended to ensure a closing could take place quickly and development could commence. The Town officials further assured CAT that RIDA would find it financially capable and approve the revised structure, that the RIDA review process was, essentially, a pro forma exercise, and that the Town would close on the sale of the Property to CAT regardless of the outcome of the RIDA review process.

24.

To the Town Board, a denial of the authorizing resolution, just in time for the upcoming election on November 7, 2023, would be red meat for constituents who falsely believed that CAT intended to build a cargo jetport at the EPCAL site, despite CAT’s numerous public denials and written submissions to RIDA and the Town, that it would not build a cargo jetport.

30.

As set forth herein, the Town, the CDA and RIDA repeatedly breached their contractual obligations to CAT under the Purchase Agreement, the Letter Agreement, and the Preliminary Agreement; the Town and the CDA defrauded and/or otherwise improperly induced CAT to enter into the Letter Agreement and the Preliminary Agreement; and the Town improperly interfered with RIDA’s review of CAT’s financial capability pursuant to the Preliminary Agreement in order to influence RIDA’s determination.

83.

With the Project stalled as a result of the Town’s failure to get the subdivision approved, a vocal minority of residents, who were simply against any effort to develop the Property, expressed growing opposition to the sale of EPCAL to CAT.

91.

In or about February 2022, after CAT had expressed concern about shifting decision making to RIDA concerning CAT’s continued financial ability to purchase the Property and complete the Project, the Town’s attorneys assured CAT’s attorneys that RIDA would approve the Project, that the second review was, essentially, pro forma, but that these terms were non-negotiable. Faced with the prospect of miring the Project in years of litigation if it refused to acquiesce to the Town’s demand, and in reliance on the Town’s affirmative representations the RIDA financial review would be a rubber stamp approval.

92.

On March 4, 2022,...Aguiar went so far as to say that she wanted to be “crystal clear” that the Town fully supports closing on the deal with CAT. She further assured CAT that the concept of involving RIDA, and closing via a ground lease, was solely in order to get the project started prior to completion of the subdivision process.

93.

The CAT and Town representatives also addressed the provision that granted the Town a right to “nullify” the Purchase Agreement in the event RIDA denied CAT’s application, to which CAT had objected. To assuage CAT’s concerns and to induce CAT to proceed with the RIDA process, the Town representatives assured CAT that the provision was for purely optical reasons, and that they, and the entire Town Council, intended to honor the Purchase Agreement regardless of whether RIDA approved CAT’s application or not.

171.

Aguiar said aloud what was supposed to be buried by pretext: killing CAT’s project was not about finances.  It was about the Town having grown tired of the Ghermezian family, who they derisively view as outsiders, and about greed in wanting to re-trade a deal the Town no longer liked or was willing to honor.

282.

The Town and the CDA, in direct contradiction to their contractual obligations to act “in furtherance of the purposes” of the Purchase Agreement, obstructed and hindered CAT’s efforts and progress in the purchase and development of the Property by:

(a)  Failing to designate SCWA (Suffolk County Water Authority) as the legal server of water to EPCAL or  otherwise proceed with the Part 666 permit;

(b)  Failing to obtain the subdivision approval or to meet the Filing Date;

(c)  Actively and persistently seeking to terminate the Purchase Agreement, including by forcing CAT to enter into the 2022 Letter Agreement and the 2022 Preliminary Agreement;

(d)  Interfering with and influencing RIDA’s decision making process by directly pressuring RIDA to make a premature decision;

(e)  Interfering with and influencing RIDA to rule against CAT through publicly and privately expressing strong disfavor of CAT’s purchase and development of the Project;

(f)  Failing to correct the erroneous public belief that CAT intends to build a commercial cargo jetport at the Property; and

(g)  Irrationally and unfairly relying on RIDA’s baseless determination on CAT’s financial wherewithal and declaring the Purchase Agreement “null and void” through expedited special meetings for political gain. that could not be provided until after the transaction closed and further approvals were provided by the Town.

295.

All of the breaches alleged herein by the Town and the CDA were willful and/or malicious in nature. As such, any contractual restrictions or limitations on such claims are not enforceable.

337.

The Town and the CDA made a series of false representations intended to persuade Plaintiff to enter the Letter Agreement and Preliminary Agreement. These representations include:

.*The Town representatives’ representation in the March 4, 2022 meeting with CAT that the Town and the CDA supported the project and intended to close the transaction with CAT;

.*Supervisor Aguiar’s representation in the March 4, 2022 meeting with CAT that the Town would proceed with the sale regardless of RIDA’s conclusion as to CAT’s financial capability; and

.*Deputy Town Attorney Annemarie Prudenti’s representations in the March 4, 2022 meeting with CAT that the RIDA evaluation was purely for appearances, that the Town had no concerns about CAT’s financial wherewithal;

.*The Town’s affirmative assurances to CAT that RIDA would confirm CAT’s financial capability and approve its application;.

*The Town’s assurances to CAT that the RIDA review process was solely intended to expedite the closing of the transaction in order that CAT could proceed with Project; and

.*The Town’s assurances to CAT that the RIDA review process was, in substance, a pro forma exercise.

338

The Town’s assurances that it would proceed with the sale regardless of RIDA’s analysis were clear, unambiguous, and intended to reassure Plaintiff that the Town would not inflict the very harm that the Town actually and intentionally inflicted on Plaintiff, i.e., termination of the Purchase Agreement on pretextual grounds.

339.

CAT was substantially harmed by its justified reliance on Town’s false assurances, as they enabled the Town and the CDA to wrongfully deprive CAT of the Property that it has a contractual right to purchase. The Town and the CDA knew that no lawful means existed to terminate the Purchase Agreement and therefore issued the false promises and assurances to CAT in order to manufacture false grounds to terminate the contract. Had Town officials not actively misled CAT, it would have been impossible for them to wrongfully terminate the Purchase Agreement.

344.

The Town and the CDA misrepresented material facts regarding their intention, plan, and commitment with regard to the deal with CAT with the intent to deceive and for the purpose of inducing CAT to enter into the Letter Agreement and Preliminary Agreements.

346

As a result, CAT is entitled to rescission of both the Letter Agreement and the Preliminary Agreement, a declaration that the purported termination of the Purchase Agreement based on these fraudulently contracts is invalid, and to specific performance of the Purchase Agreement.

359

The Town and the CDA knew that no lawful means existed to terminate the Purchase Agreement and therefore issued the false promises and assurances to CAT in order to manufacture false grounds to terminate the contract.  Had Town officials not actively misled CAT, it would have been impossible for them to wrongfully terminate the Purchase Agreement.

WHEREFORE, Plaintiff demands judgment against the defendants as follows:

1. Adjudicate and declare that the 2022 Letter Agreement, the 2022 Town

Resolutions, and the 2022 Preliminary Agreement are void and unenforceable;

2. Adjudicate and declare that CAT is entitled to specific performance under the

Purchase Agreement and that the parties shall proceed to closing on sale of the

Property;

3. Compensatory damages in an amount to be determined at trial;

4. Prejudgment and post-judgment interest;

5. Costs and attorney’s fees incurred in connection with this action; and

6. Such further and other relief as this Court deems just and proper