Town Board Votes Down EPCAL Cargo Airport Plans, 'Null And Void'

RIVERHEAD, NY — After years of public protest about a possible cargo airport pitched for Enterprise Park at Calverton, the Riverhead town board voted unanimously against the plan Tuesday.

The Riverhead Town board and the Riverhead Community Development Agency came together for a special meeting Tuesday at 4 p.m. at the new Town Hall to vote on a resolution declaring the agreement of sale between the CDA and Calverton Aviation & Technology, LLC, "null and void," according to a release sent out by the town.

"The EPCAL property is now going to be returned to the people of Riverhead," Town Supervisor Yvette Aguiar said. "I vote a resounding yes."

The resolution said the decision would leave no liability on either side except return of the deposits set forth in a binding letter on March. The agreement of sale was first signed on Nov. 19, 2018.

In the wake of the town board vote, CAT Triple Five issued the following statement, "It is literally tragic that the Town of Riverhead has diverted the enormous economic future of Calverton and sent it to the courthouse for what will likely be years to come — and whose eventual outcome for the town will be problematic. The facts, the law, and the record will demonstrate that CAT Triple Five has the legal right to develop this property and to create the promised well-paying jobs detailed in our various applications. By choosing this path with unseemly haste, the Town of Riverhead has dismissed the opportunity to fast track the creation of a 21st century economy. Instead, they have chosen a path that will further delay the enormous potential of EPCAL for what might be a generation."

Before the vote, some spoke out against the town's actions in past years. John McCullough of EPCAL Watch said he was very positive about the events but not so, "about the way we got here."

He said the community response to the plan was one reason for the IDA's decision; he also said he believed the town board had denounced EPCAL Watch.

"The decision, he said, is "one you should have made two years ago, three years ago. I'm glad of the conclusion but for the sake of the town, how we go forward, we cannot forget the process that got us here. We now have a really important opportunity to involve the community at every level and evaluate how that land can best be used for the economic and social development, and environmental well-being of the town."

Another caller from Aquebogue said the town wasted years and millions of dollars on what the IDA said was a "patently deficient and defective application."

After the vote, Aguiar said the contract has cost taxpayers "a tremendous amount of money. Unfortunately, what has occurred in the last five years was not in the interest of Riverhead residents."

In March, 2022, Aguiar said she negotiated an amendment to the CAT contract indicating that if the application was not considered viable, the town board could declare it null and void.

Angela DeVito, the Democratic candidate for town supervisor, also spoke. "Today is a great victory," she said, adding that residents stood up year after year and said "no to this deal."

She added: "To them, belongs the thanks. It is not to this town board."

She said the decision came a fortnight before Election Day "in the face of hundreds of signs of opposition." She called the town board's stance "mullarky."

She urged the public to vote to "save Riverhead" on Election Day.

Tim Hubbard congratulated the IDA on "a spectacular job, given the circumstances they were put in," as well as the CDA and the town board.

Aguiar said, of moving away from the contract, "This is the proper time to do. Unfortunately it took this long, but this is the right time to do it."

Counilman Ken Rothwell said it was the best legal course to take to prevent any further "legal entanglements." He thanked the IDA and said he was excited to move forward.

The vote followed a decision Monday by the Riverhead Industrial Agency not to move forward with the project.

The contract of sale between CAT and the CDA from 2018 set forth the terms and conditions for the sale of approximately 1,643 acres of property to CAT for the purchase price of $40 million for redevelopment — "specifically the construction and operation of aerospace innovation and other technology uses and associated businesses with accessory aviation, as well as other synergistic industrial, commercial, environmental, energy and academic uses consistent with the planned development plan adopted by the CDA," town officials said.

For years, residents have cried out against the plan, lining their yards with signs that read "No Cargo Airport" and gathering in protest to say that they believed the plan would forever shatter quality of life in Calverton.

Last year, the town board, acting as the CDA, voted to make application to the IDA to transfer title of all acreage it owns at EPCAL to the IDA in order to facilitate the sale and transfer of the EPCAL property to Calverton Aviation & Technology.

"This landmark action by the town board was designed to advance the sale of the property to CAT prior to the completion of subdivision," town officials said. "Per the agreement between the CDA and CAT, moving ahead with the leasing process was to be preconditioned upon an initial determination by the IDA that CAT has the financial ability to develop the project. In addition, the parties’ agreement provided the condition, should the IDA determine CAT does not have the financial ability to develop the project, the town board could thereafter, cancel the contract of sale."

On Monday, Riverhead Town Supervisor Yvette Aguiar announced that following months of document submission and review by the IDA and its forensic accounting consultants, and two public forums, the IDA had voted in a final authorizing resolution "to confirm CAT’s inability (failure) to provide adequate assurances of its financial capability to develop the EPCAL project."

All that remains to put the brakes on the deal is for the town board to vote and declare the contract null and voice.

Aguiar said she was relieved that an IDA determination had been made.

The determination enables the CDA to move forward with the next steps toward redeveloping in a
manner benefitting the community, while protecting the environment and quality of life of Riverhead’s residents, she said.

Aguiar also commended the all-volunteer IDA for the hard work and for "enduring relentless criticism" while undertaking the task.

"I cannot express my gratitude enough to the IDA for their focus, determination and hard work in evaluating countless documents and materials in connection with the CDA and CAT’s application," Aguiar said. "This determination will allow the CDA to finally move in a direction, which is beneficial to all Riverhead residents and the Long Island region."

Riverhead Town Councilman Tim Hubbard said he agreed with Aguiar and further stated that the town board, acting as the CDA, would take immediate steps to ensure that the property is developed as soon as possible; that meeting was scheduled for Wednesday and can also be watched online at the town's website.

"Riverhead and Long Island residents deserve to finally realize the economic development promise, including jobs, tax base growth and protection of quality of life, that only Calverton Enterprise Park offers the region," he said.

Hubbard, who is running for re-election, also said that he believed the continued cooperation of federal, state and county governments, along with "long-term discipline of the Riverhead town board," will be "necessary to making the most of this once in a generation economic development opportunity."

Aguiar said she would also request an immediate property appraisal. "A property valuation assessment may have never been completed or made available. The residents of this town deserve to know the value of the EPCAL property. I am also going to call for an emergency executive session with the town board in the next day or so, in hope returning the land back to Riverhead residents."

Rex Farr, coordinator of the EPCAL Watch coalition, said the fight has been ongoing for seven years. Of the IDA's decision, Farr said he was "surprised but grateful."

The fight to preserve EPCAL has been a community effort, through years that included plans for the parcel ranging from everything from ski mountains and sand mines and now, a cargo airport, he said.

When he heard about the IDA's decision, Farr said he was delivering grapes to a winery, when he got the call. "I had to pull over to the side of the road," he said. "I thought, 'My God, I never would have thought it.' It was a good day, all around."

When told that the meeting was convening Tuesday for the final vote, Farr was elated. He told Patch that he was proud and elated to have worked with the many who championed the cause. He said, if the board does voted to nullify the deal Tuesday — which it did —he just wanted to take pause and "savor the moment."