senate Bill S3643

Amended

Establishes the Enterprise Park at Calverton Reuse and Revitalization Area

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Feb / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 16 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1255
  • 13 / Jun / 2013
    • AMENDED ON THIRD READING (T) 3643A
  • 20 / Jun / 2013
    • SUBSTITUTED BY A4678A

Summary

Establishes the Enterprise Park at Calverton Reuse and Revitalization Area to promote the redevelopment of the EPCAL site in the town of Riverhead, county of Suffolk.

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Bill Details

See Assembly Version of this Bill:
A4678
Versions:
S3643
S3643A
Legislative Cycle:
2013-2014
Law Section:
General Municipal Law
Laws Affected:
Add Art 15-B Title 116 §680-cc, Gen Muni L
Versions Introduced in 2011-2012 Legislative Cycle:
S7289A, A10072A

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S3643

TITLE OF BILL: An act to amend the general municipal law, in relation
to establishing the Enterprise Park at Calverton Reuse and Revitaliza-
tion District

PURPOSE: To promote the expeditious and orderly conversion and redevel-
opment of the Enterprise Park at Calverton Reuse and Revitalization
District (EPCAL) in the town of Riverhead, Suffolk County.

SUMMARY OF PROVISIONS: Adds a new section 680-cc to the General Munici-
pal Law by creating the Enterprise Park at Calverton Reuse and Revitali-
zation District and a District Board consisting of 7 voting members made
up of the five members of the Riverhead Town Board and one member
appointed by the Governor and one member appointed by the Suffolk County
executive. There shall be two nonvoting members chosen by the foregoing
who shall be from a civic, protective or service association within the
Town of Riverhead. A chairperson shall be selected by the District Board
members.

The District Board shall have the power to implement the Enterprise Park
at Calverton Reuse and Revitalization Plan, which shall be adopted, with
appropriate zoning, by the Town of Riverhead as a master plan for EPCAL.
The District Board will make applications for subdivision, site and
other development permits, licenses and approvals to the appropriate
county, state and federal government agencies and the issued permits,
licenses and approvals will inure to and for the benefit of and be bind-
ing on any subsequent person leasing, acquiring or building on EPCAL
property. An applicant for development in EPCAL shall apply to the
District Board and if the application shall be consistent with the revi-
talization plan and within the issued approvals, the District Board will
approve the application within 90 days and refer the matter to the town
building department. If the proposal does not fall within the issued
approvals then a further application must be made to the appropriate
county, state or federal authority for modification, alteration or
exception of the issued permit, license or approval. If there is a
subsequent order by the county, state or federal agency granting a
modification, alteration or exception, then the District Boar d will
approve and refer to the building department.

JUSTIFICATION: This legislation will facilitate the reuse of EPCAL as
provided for in the conveyance of the property by the navy and artic-
ulated in the comprehensive reuse and revitalization plan. It provides
incentives to attract private businesses to locate and expand insures
consistency with existing law and achieves economic growth for the
region.

LEGISLATIVE HISTORY: 2012 S.7289A/A.10072A.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3643                                                  A. 4678

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 7, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  --  Introduced by M. of A. THIELE, LOSQUADRO, HENNESSEY --
  read once and referred to the Committee on Local Governments

AN ACT to amend the general municipal law, in relation  to  establishing
  the Enterprise Park at Calverton Reuse and Revitalization District

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent. The former Calverton Naval
Weapons Industrial Reserve Plant in the town  of  Riverhead,  county  of
Suffolk (hereinafter "EPCAL"), was formerly owned by the Navy and leased
by  the Grumman Corporation. In 1998, Northrop Grumman closed nearly all
facilities located on Long Island and chose not to renew its  lease  for
the  EPCAL  site causing economic dislocation and unemployment for resi-
dents of the town of Riverhead and  the  surrounding  region.  The  Navy
conveyed 2900 acres to the town of Riverhead Community Development Agen-
cy ("CDA") for no consideration conditioned upon the town's reuse of the
property for economic development.
  In  2011,  the  town  and  CDA re-dedicated their efforts and invested
significant funds to update, develop and implement a reuse and revitali-
zation plan to meet the current economic, market  and  site  conditions.
The  town and CDA, with the assistance of a firm with expertise in plan-
ning and environmental  analysis  for  large  scale  revitalization  and
development  projects,  updated  the  real estate market study; retained
experts in the field of engineering, survey and topographical  analysis;
retained  experts  in the fields of sewer and water; and met with state,
regional and local departments, agencies and special interest groups  to
identify, address, remedy or mitigate all concerns and potential adverse
impacts  related  to  the town and CDA's goal of economic development at

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03494-01-3

S. 3643                             2                            A. 4678

the EPCAL site. The comprehensive and extensive  analysis  of  economic,
market,  environmental, traffic, sewer, water, and myriad other factors,
together with participation of state, regional, local departments, agen-
cies, and special interest groups, including but not limited to New York
state  department  of transportation, New York state department of envi-
ronmental conservation, Suffolk county planning and public works depart-
ments, town of Riverhead planning, engineering, water and sewer  depart-
ments  resulted  in  a  reuse  and  revitalization  plan  that meets the
economic and urban renewal goals of the  original  conveyance  and  will
assist  the  state,  county, and town to recapture potential investment,
growth and employment opportunities for this region.
  It is the purpose of this act to promote the expeditious  and  orderly
conversion and redevelopment of EPCAL for uses including, but not limit-
ed  to,  housing,  industrial, institutional, educational, governmental,
recreational, conservational, commercial or manufacturing uses, in order
to prevent further blight, economic dislocation and additional unemploy-
ment, and to aid in  strengthening  the  New  York  state  economy,  the
regional  economy  and  the economy of the town of Riverhead. It is also
the purpose of this act to provide an interim governmental structure for
EPCAL which will assume specified local authority and duties, in  recog-
nition  of  the state and local partnership necessary for the successful
redevelopment of EPCAL.
  S 2. Title 116 of article 15-B of the general municipal law is amended
by adding a new section 680-cc to read as follows:
  S 680-CC.  ENTERPRISE  PARK  AT  CALVERTON  REUSE  AND  REVITALIZATION
DISTRICT.  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
ING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
  A. "DISTRICT BOARD" SHALL MEAN THE GOVERNING BODY  OF  THE  ENTERPRISE
PARK AT CALVERTON REUSE AND REVITALIZATION DISTRICT ESTABLISHED PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.
  B. "ENTERPRISE PARK AT CALVERTON REUSE AND REVITALIZATION DISTRICT" OR
"EPCAL"  SHALL  MEAN  THE  REGIONAL  DEVELOPMENT  ZONE  CREATED  BY THIS
SECTION, INCLUDING ALL EASEMENTS, RESERVATIONS  AND  RIGHTS  APPURTENANT
THERETO,  AND  ALL  BUILDINGS,  STRUCTURES,  UTILITIES  AND IMPROVEMENTS
LOCATED THEREON COMPRISING ALL OR A PORTION OF THE FORMER NORTHROP GRUM-
MAN FACILITY AND FORMERLY WITHIN THE OWNERSHIP, CONTROL AND JURISDICTION
OF THE UNITED STATES GOVERNMENT. THE BOUNDARIES OF WHICH INCLUDE ALL THE
LAND AREA OF EPCAL MORE PARTICULARLY DESCRIBED AS FOLLOWS:
  ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF  LAND,  SITUATE,  LYING  AND
BEING  AT  CALVERTON, TOWN OF RIVERHEAD, COUNTY OF SUFFOLK, STATE OF NEW
YORK AS SHOWN ON A SURVEY PREPARED BY L.K. MCLEAN ASSOCIATES, P.C. DATED
OCTOBER TWENTY-FIRST,  TWO  THOUSAND  ELEVEN.  SAID  PARCEL  BEING  MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT FORMED BY THE INTERSECTION OF THE WESTERLY BOUND-
ARY  LINE  OF PECONIC AVENUE (NOT-OPEN), AND THE NORTHERLY BOUNDARY LINE
OF GRUMMAN BOULEVARD (RIVER ROAD);
  SAID POINT  OF  BEGINNING  BEING  AT  COORDINATES  N.  271,175.86,  E.
1,326,712.70  IN THE NEW YORK STATE PLANE COORDINATE SYSTEM, LONG ISLAND
ZONE, NAD 1983.
THENCE FROM SAID POINT OF BEGINNING WESTERLY ALONG SAID NORTHERLY BOUND-
ARY LINE OF GRUMMAN BOULEVARD  (RIVER  ROAD),  THE  FOLLOWING  TEN  (10)
COURSES AND DISTANCES;
  I. NORTH 69° 21' 24" WEST, A DISTANCE OF 3.10 FEET TO A POINT, THENCE
  II.  NORTH  84°  02'  24"  WEST, A DISTANCE OF 616.74 FEET TO A POINT,
THENCE

S. 3643                             3                            A. 4678

  III. SOUTH 87° 05' 16" WEST, A DISTANCE OF 602.20  FEET  TO  A  POINT,
THENCE
  IV.  SOUTH  85°  37' 16" WEST, A DISTANCE OF 313.16 FEET TO A POINT OF
CURVATURE, THENCE
  V. WESTERLY ALONG THE ARC OF A CURVE BEARING TO  THE  RIGHT  HAVING  A
RADIUS OF 614.17 FEET, AN ARC LENGTH OF 99.78 FEET TO A POINT OF TANGEN-
CY, THENCE
  VI.  NORTH  85°  04'  14"  WEST, A DISTANCE OF 732.38 FEET TO A POINT,
THENCE
  VII. NORTH 71° 24' 04" WEST, A DISTANCE OF  91.27  FEET  TO  A  POINT,
THENCE
  VIII.  NORTH  71°  22' 44" WEST, A DISTANCE OF 418.08 FEET TO A POINT,
THENCE
  IX. SOUTH 69° 37' 16" WEST, A DISTANCE OF  674.80  FEET  TO  A  POINT,
THENCE
  X.  NORTH 62° 22' 44" WEST, A DISTANCE OF 43.38 FEET TO A POINT FORMED
BY THE INTERSECTION OF THE AFOREMENTIONED  NORTHERLY  BOUNDARY  LINE  OF
GRUMMAN  BOULEVARD  (RIVER  ROAD)  AND THE EASTERLY BOUNDARY LINE OF THE
WELLS FAMILY CEMETERY;
THENCE ALONG SAID BOUNDARY  LINE  OF  THE  WELLS  FAMILY  CEMETERY,  THE
FOLLOWING TWO COURSES AND DISTANCES;
  I. NORTH 2° 22' 14" WEST, A DISTANCE OF 286.12 FEET TO A POINT, THENCE
  II. SOUTH 85° 20' 16" WEST, A DISTANCE OF 90.00 FEET TO A POINT FORMED
BY  THE  INTERSECTION OF THE NORTHERLY BOUNDARY LINE OF THE WELLS FAMILY
CEMETERY AND THE EASTERLY BOUNDARY LINE OF LANDS OF THE UNITED STATES OF
AMERICA (NAVY PARCEL "B");
THENCE NORTHERLY ALONG SAID EASTERLY  BOUNDARY  LINE  OF  LANDS  OF  THE
UNITED  STATES  OF AMERICA (NAVY PARCEL "B") THE FOLLOWING THREE COURSES
AND DISTANCES;
  I. NORTH 4° 39' 44" WEST, A DISTANCE OF 114.29 FEET TO A POINT, THENCE
  II. NORTH 66° 46' 00" WEST, A DISTANCE OF 1108.62  FEET  TO  A  POINT,
THENCE
  III.  NORTH  53°  05'  17"  WEST,  A DISTANCE OF 66.28 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE EASTERLY BOUNDARY LINE OF LANDS OF THE
UNITED STATES OF AMERICA (NAVY PARCEL "B") AND THE SOUTHERLY BOUNDARY OF
MAP OF CALVERTON CAMELOT II, FILED IN THE SUFFOLK COUNTY CLERK'S  OFFICE
MARCH 9, 2007 AS MAP NO. 11500;
THENCE  ALONG  THE  BOUNDARY  OF  SAID  MAP OF CALVERTON CAMELOT II, THE
FOLLOWING NINE COURSES AND DISTANCES;
  I. SOUTH 89° 01' 31" EAST, A DISTANCE OF  1480.82  FEET  TO  A  POINT,
THENCE
  II.  NORTH  69°  37'  16"  EAST, A DISTANCE OF 318.93 FEET TO A POINT,
THENCE
  III. NORTH 49° 39' 50" WEST, A DISTANCE OF 8453.30 FEET  TO  A  POINT,
THENCE
  IV.  SOUTH  40°  20'  10" WEST, A DISTANCE OF 3321.67 FEET TO A POINT,
THENCE
  V. SOUTH 4° 05' 28" EAST, A DISTANCE  OF  2564.03  FEET  TO  A  POINT,
THENCE
  VI.  NORTH  90°  00'  00"  EAST, A DISTANCE OF 330.33 FEET TO A POINT,
THENCE
  VII. SOUTH 30° 00' 00" EAST, A DISTANCE OF 318.71  FEET  TO  A  POINT,
THENCE
  VIII. NORTH 82° 58' 57" EAST, A DISTANCE OF 1633.67 FEET TO A POINT OF
CURVATURE, THENCE

S. 3643                             4                            A. 4678

  IX.  EASTERLY  ALONG  THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 3,634.79 FEET, AN ARC LENGTH OF 400.24,  TO  A  POINT  ON  THE
WESTERLY  BOUNDARY  LINE  OF BURMAN BOULEVARD, SAID CURVE HAVING A CHORD
BEARING OF NORTH 86° 08' 14" EAST AND CHORD DISTANCE OF 400.04 FEET;
THENCE  SOUTH  4°  07'  36"  EAST ALONG SAID WESTERLY BOUNDARY OF BURMAN
BOULEVARD, A DISTANCE OF 721.60 FEET TO A POINT  FORMED  BY  THE  INTER-
SECTION OF THE WESTERLY BOUNDARY LINE OF BURMAN BOULEVARD AND THE NORTH-
ERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD);
THENCE  ALONG  SAID  NORTHERLY  BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN
POND ROAD) THE FOLLOWING TWO COURSES AND DISTANCES;
  I. WESTERLY ALONG THE ARC OF A CURVE BEARING  TO  THE  LEFT  HAVING  A
RADIUS  OF  2,914.79  FEET,  AN  ARC  TO A POINT OF TANGENCY, SAID CURVE
HAVING A CHORD BEARING OF SOUTH 86° 33' 36" WEST AND CHORD  DISTANCE  OF
363.75 FEET, THENCE
  II.  SOUTH  82°  58'  57"  WEST, A DISTANCE OF 1069.85 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE NORTHERLY BOUNDARY OF  GRUMMAN  BOULE-
VARD  (SWAN  POND  ROAD)  AND THE EASTERLY BOUNDARY LINE OF LANDS OF THE
UNITED STATES OF AMERICA (NAVY PARCEL "A");
THENCE ALONG SAID LANDS OF THE UNITED STATES  OF  AMERICA  (NAVY  PARCEL
"A") THE FOLLOWING FIVE (5) COURSES AND DISTANCES;
  I. NORTH 4° 20' 00" WEST, A DISTANCE OF 525.31 FEET TO A POINT, THENCE
  II. NORTH 90° 00' 00" WEST, A DISTANCE OF 560.57 FEET TO POINT, THENCE
  III.  NORTH  30°  00'  00" WEST, A DISTANCE OF 436.40 FEET TO A POINT,
THENCE
  IV. NORTH 90° 00' 00" WEST, A DISTANCE OF  790.00  FEET  TO  A  POINT,
THENCE
  V. SOUTH 0' 00' 00" WEST, A DISTANCE OF 1099.72 FEET TO A POINT FORMED
BY  THE  INTERSECTION OF THE WESTERLY BOUNDARY LINE OF SAID LANDS OF THE
UNITED STATES OF AMERICA (NAVY PARCEL "A") AND  THE  NORTHERLY  BOUNDARY
LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD);
THENCE  ALONG  SAID  NORTHERLY  BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN
POND ROAD) THE FOLLOWING EIGHT COURSES AND DISTANCES;
  I. SOUTH 82° 58' 57" WEST, A DISTANCE OF 243.60 FEET  TO  A  POINT  OF
CURVATURE, THENCE
  II.  WESTERLY  ALONG  THE  ARC OF A CURVE BEARING TO THE LEFT HAVING A
RADIUS OF 11,509.16 FEET, AN ARC LENGTH OF 176.33 FEET  TO  A  POINT  OF
TANGENCY,  SAID  CURVE  HAVING A CHORD BEARING OF SOUTH 82° 32' 37" WEST
AND CHORD DISTANCE OF 176.33 FEET THENCE
  III. SOUTH 82° 06' 17" WEST, A DISTANCE OF 2226.10 FEET TO A POINT  OF
CURVATURE, THENCE
  IV.  WESTERLY  ALONG  THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 2,241.83 FEET, AN ARC LENGTH OF 504.77  FEET  TO  A  POINT  OF
TANGENCY,  SAID  CURVE  HAVING A CHORD BEARING OF SOUTH 88° 33' 18" WEST
AND CHORD DISTANCE OF 503.70 FEET, THENCE
  V. NORTH 84° 59' 41" WEST, A DISTANCE OF 2,524.17 FEET TO A  POINT  OF
CURVATURE, THENCE
  VI.  WESTERLY  ALONG  THE  ARC OF A CURVE BEARING TO THE LEFT HAVING A
RADIUS OF 2,341.83 FEET, AN ARC LENGTH OF 215.04 FEET,  TO  A  POINT  OF
TANGENCY,  SAID  CURVE  HAVING A CHORD BEARING OF NORTH 87° 37' 31" WEST
AND CHORD DISTANCE OF 214.96 FEET, THENCE
  VII. SOUTH 89° 44' 39" WEST, A DISTANCE OF 974.35  FEET  TO  A  POINT,
THENCE
  VIII.  NORTH  48°  03'  55" WEST, A DISTANCE OF 107.56 FEET TO A POINT
FORMED BY THE INTERSECTION OF SAID NORTHERLY BOUNDARY  LINE  OF  GRUMMAN
BOULEVARD  (SWAN  POND  ROAD)  AND  THE EASTERLY BOUNDARY LINE OF WADING
RIVER - MANORVILLE ROAD (C.R. 25);

S. 3643                             5                            A. 4678

THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY LINE  OF  WADING  RIVER  -
MANORVILLE ROAD (C.R. 25) THE FOLLOWING FIVE COURSES AND DISTANCES;
  I.  NORTH  5°  25'  40"  WEST, A DISTANCE OF 730.69 FEET TO A POINT OF
CURVATURE, THENCE
  II. NORTHERLY ALONG THE ARC OF A CURVE BEARING TO THE  LEFT  HAVING  A
RADIUS  OF  868.51  FEET,  AN ARC LENGTH OF 317.24 FEET TO A POINT, SAID
CURVE HAVING A CHORD BEARING  OF  NORTH  15°  53'  32"  WEST  AND  CHORD
DISTANCE OF 315.48 FEET, THENCE
  III.  NORTH  6°  15'  09"  WEST, A DISTANCE OF 124.46 FEET TO A POINT,
THENCE
  IV. NORTH 32° 55' 09" WEST, A DISTANCE  OF  97.96  FEET  TO  A  POINT,
THENCE
  V. NORTH 59° 52' 49" WEST, A DISTANCE OF 289.20 FEET TO A POINT FORMED
BY  THE  INTERSECTION  OF  THE SOUTHERLY BOUNDARY LINE OF LANDS OF HENRY
ZEBROWSKI AND THE EASTERLY BOUNDARY LINE OF WADING RIVER MANORVILLE ROAD
(C.R. 25);
THENCE NORTH 30° 07' 11" EAST ALONG  SAID  SOUTHERLY  BOUNDARY  LINE  OF
LANDS OF HENRY ZEBROWSKI, A DISTANCE OF 200.00 FEET TO A POINT,
THENCE  NORTH 59° 52' 49" WEST ALONG THE EASTERLY BOUNDARY LINE OF LANDS
OF HENRY ZEBROWSKI AND THEN ALONG LANDS OF  BRIDGETTE  LYNN  ASSOCIATES,
INC., A DISTANCE OF 354.90 FEET TO A POINT,
THENCE SOUTH 30° 07' 11" WEST ALONG THE NORTHERLY BOUNDARY LINE OF LANDS
OF  BRIDGETTE LYNN ASSOCIATES, INC. A DISTANCE OF 192.28 FEET TO A POINT
FORMED BY SAID NORTHERLY BOUNDARY LINE OF LANDS OF BRIDGETTE LYNN  ASSO-
CIATES, INC. AND THE EASTERLY BOUNDARY LINE OF WADING RIVER - MANORVILLE
ROAD (C.R. 25);
THENCE  NORTHERLY  ALONG  SAID  EASTERLY BOUNDARY LINE OF WADING RIVER -
MANORVILLE ROAD (C.R. 25) THE FOLLOWING TWO COURSES AND DISTANCES;
  I. NORTHERLY ALONG THE ARC OF A CURVE BEARING TO THE  RIGHT  HAVING  A
RADIUS  OF  904.93  FEET,  AN  ARC  LENGTH  OF 576.68 FEET TO A POINT OF
TANGENCY, SAID CURVE HAVING A CHORD BEARING OF NORTH 34°  06'  33"  WEST
AND CHORD DISTANCE OF 566.98 FEET THENCE
  II.  NORTH  15°  51'  10"  WEST, A DISTANCE OF 1320.93 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE  SOUTHERLY  BOUNDARY  LINE  OF  MIDDLE
COUNTRY  ROAD  (N.Y.S.  RT.  25)  AND  THE EASTERLY BOUNDARY LINE OF THE
AFOREMENTIONED WADING RIVER - MANORVILLE ROAD (C.R. 25);
THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY  LINE  OF  MIDDLE  COUNTRY
ROAD (N.Y.S. RT. 25) THE FOLLOWING NINE (9) COURSES AND DISTANCES;
  I.  NORTH  53°  57'  26" EAST, A DISTANCE OF 153.37 FEET TO A POINT OF
CURVATURE, THENCE
  II. EASTERLY ALONG THE ARC OF A CURVE BEARING TO  THE  LEFT  HAVING  A
RADIUS  OF  5,769.65  FEET,  AN  ARC LENGTH OF 407.82 FEET TO A POINT OF
TANGENCY, THENCE
  III. NORTH 49° 54' 26" EAST, A DISTANCE OF  41.47  FEET  TO  A  POINT,
THENCE
  IV.  SOUTH  40°  05'  34"  EAST,  A DISTANCE OF 85.30 FEET TO A POINT,
THENCE
  V. NORTH 49° 54' 26" EAST, A DISTANCE  OF  147.64  FEET  TO  A  POINT,
THENCE
  VI.  NORTH  40°  05'  34"  WEST,  A DISTANCE OF 85.30 FEET TO A POINT,
THENCE
  VII. NORTH 49° 54' 26" EAST, A DISTANCE OF 690.89 FEET TO A  POINT  OF
CURVATURE, THENCE
  VIII.  EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 1,392.69 FEET, AN ARC FEET TO A POINT OF TANGENCY, THENCE

S. 3643                             6                            A. 4678

  IX. NORTH 60° 22' 23" EAST, A DISTANCE OF  1935.68  FEET  TO  A  POINT
FORMED  BY  THE  INTERSECTION  OF THE WESTERLY BOUNDARY LINE OF LANDS OF
ISLAND WATER PARK CORP. AND THE AFOREMENTIONED SOUTHERLY  BOUNDARY  LINE
OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25);
THENCE ALONG SAID BOUNDARY LINE OF LANDS OF ISLAND WATER PARK CORP.  THE
FOLLOWING SEVEN COURSES AND DISTANCES;
  I.  SOUTH  6°  07'  37"  EAST,  A DISTANCE OF 1100.62 FEET TO A POINT,
THENCE
  II. SOUTH 8° 18' 58" EAST, A DISTANCE OF  1088.48  FEET  TO  A  POINT,
THENCE
  III.  SOUTH  6°  06'  42" EAST, A DISTANCE OF 1143.05 FEET TO A POINT,
THENCE
  IV. SOUTH 84° 59' 41" EAST, A DISTANCE OF  815.30  FEET  TO  A  POINT,
THENCE
  V.  NORTH  6°  06'  42"  WEST,  A DISTANCE OF 2222.50 FEET TO A POINT,
THENCE
  VI. NORTH 84° 59' 41" WEST, A DISTANCE OF  832.48  FEET  TO  A  POINT,
THENCE
  VII.  NORTH  6°  07'  37"  WEST, A DISTANCE OF 1116.41 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE  SOUTHERLY  BOUNDARY  LINE  OF  MIDDLE
COUNTRY  ROAD  (N.Y.S.  RT.  25)  AND THE EASTERLY BOUNDARY LINE OF SAID
LANDS OF ISLAND WATER PARK CORP;
THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY  LINE  OF  MIDDLE  COUNTRY
ROAD (N.Y.S. RT. 25) THE FOLLOWING THREE COURSES AND DISTANCES;
  I.  NORTH  60°  22'  23" EAST, A DISTANCE OF 407.76 FEET TO A POINT OF
CURVATURE, THENCE
  II. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE  RIGHT  HAVING  A
RADIUS  OF  5689.65  FEET,  AN  ARC  LENGTH OF 304.56 FEET TO A POINT OF
TANGENCY, THENCE
  III. NORTH 63° 26' 24" EAST, A DISTANCE OF  307.82  FEET  TO  A  POINT
FORMED  BY  THE  INTERSECTION  OF  THE SOUTHERLY BOUNDARY LINE OF MIDDLE
COUNTRY ROAD (N.Y.S. RT. 25) AND THE WESTERLY BOUNDARY LINE OF LANDS  OF
THE RIVERHEAD WATER DISTRICT,
THENCE  ALONG  SAID  BOUNDARY  LINES  OF  LANDS  OF  THE RIVERHEAD WATER
DISTRICT, THE FOLLOWING THREE COURSES AND DISTANCES;
  I. SOUTH 6° 32' 47" EAST, A DISTANCE OF 304.98 FEET TO A POINT, THENCE
  II. NORTH 83° 27' 13" EAST, A DISTANCE OF  465.80  FEET  TO  A  POINT,
THENCE
  III.  NORTH  6°  32'  47"  WEST,  A DISTANCE OF 434.49 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE  SOUTHERLY  BOUNDARY  LINE  OF  MIDDLE
COUNTRY  ROAD  (N.Y.S.  RT.  25)  AND THE EASTERLY BOUNDARY LINE OF SAID
LANDS OF THE RIVERHEAD WATER DISTRICT;
THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY  LINE  OF  MIDDLE  COUNTRY
ROAD (N.Y.S. RT. 25) THE FOLLOWING ELEVEN COURSES AND DISTANCES;
  I.  NORTH  70°  28'  19" EAST, A DISTANCE OF 704.60 FEET TO A POINT OF
CURVATURE, THENCE
  II. EASTERLY ALONG THE ARC OF A CURVE BEARING TO  THE  LEFT  HAVING  A
RADIUS OF 5,769.65 FEET, AN ARC TO A POINT OF TANGENCY, THENCE
  III.  NORTH  62° 56' 21" EAST, A DISTANCE OF 537.40 FEET TO A POINT OF
CURVATURE, THENCE
  IV. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE  RIGHT  HAVING  A
RADIUS  OF  1870.08  FEET,  AN  ARC  LENGTH OF 273.06 FEET TO A POINT OF
TANGENCY, THENCE
  V. NORTH 71° 18' 19" EAST, A DISTANCE OF 484.30 FEET  TO  A  POINT  OF
CURVATURE, THENCE

S. 3643                             7                            A. 4678

  VI.  EASTERLY  ALONG  THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 5,689.65 FEET, AN ARC LENGTH OF 334.34  FEET  TO  A  POINT  OF
TANGENCY, THENCE
  VII.  NORTH 74° 40' 19" EAST, A DISTANCE OF 2552.80 FEET TO A POINT OF
CURVATURE, THENCE
  VIII. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING  A
RADIUS  OF  5,689.65  FEET,  AN  ARC LENGTH OF 622.32 FEET TO A POINT OF
TANGENCY, THENCE
  IX. NORTH 80° 56' 20" EAST, A DISTANCE OF 1395.90 FEET TO A  POINT  OF
CURVATURE, THENCE
  X.  EASTERLY  ALONG  THE  ARC  OF A CURVE BEARING TO THE LEFT HAVING A
RADIUS OF 11,499.19 FEET, AN ARC LENGTH OF 525.22 FEET  TO  A  POINT  OF
TANGENCY, THENCE
  XI.  NORTH  80°  10'  09"  EAST,  A DISTANCE OF 155.88 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF LANDS OF THE
STATE OF NEW YORK AND THE SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD
(N.Y.S. RT. 25);
THENCE ALONG SAID BOUNDARY LINE OF LANDS  OF  THE  NEW  YORK  STATE  THE
FOLLOWING THREE COURSES AND DISTANCES;
  I.  SOUTH  13°  18'  00"  EAST, A DISTANCE OF 2246.37 FEET TO A POINT,
THENCE
  II. SOUTH 90° 00' 00" EAST, A DISTANCE OF  970.64  FEET  TO  A  POINT,
THENCE
  III.  NORTH  13°  18'  00" WEST, A DISTANCE OF 2333.65 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE  SOUTHERLY  BOUNDARY  LINE  OF  MIDDLE
COUNTRY ROAD (N.Y.S. RT. 25) AND LANDS OF THE STATE OF NEW YORK;
THENCE  EASTERLY  ALONG  SAID  SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY
ROAD (N.Y.S. RT. 25) THE FOLLOWING TWO COURSES AND DISTANCES;
  I. NORTH 88° 00' 13" EAST, A DISTANCE OF  1015.57  FEET  TO  A  POINT,
THENCE
  II.  NORTH  88° 34' 37" EAST, A DISTANCE OF 1511.20 FEET TO A POINT ON
THE WESTERLY BOUNDARY OF LOT 6 AS SHOWN ON MAP OF JAMES H. SMITH'S FARM,
FILED WITH THE SUFFOLK COUNTY CLERK'S OFFICE ON  DECEMBER  15,  1894  AS
FILE NO. 491;
THENCE  SOUTH  5° 43' 17" EAST ALONG THE WESTERLY BOUNDARY LINE OF LOT 6
AS SHOWN ON SAID MAP OF JAMES H. SMITH'S FARM,  A  DISTANCE  OF  2164.07
FEET TO A POINT;
THENCE NORTH 86° 48' 00" EAST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 6
AND  THROUGH  LOT  7 AS SHOWN ON SAID MAP OF JAMES H. SMITH'S FARM, OF A
DISTANCE OF 321.08 FEET TO A POINT;
THENCE SOUTH 6° 34' 40" EAST ALONG THE WESTERLY BOUNDARY  OF  LOT  7  AS
SHOWN  ON  SAID MAP OF JAMES H.  SMITH'S FARM, A DISTANCE OF 503.88 FEET
TO A POINT;
THENCE NORTH 83° 46' 40" EAST THROUGH LOTS 7, 8, 9, 10 & 11 AS SHOWN  ON
SAID FILED MAP AND CONTINUING THROUGH THE SOUTHERLY BOUNDARY OF LOT 1 AS
SHOWN  ON "MAP OF PROPERTY OF EDWIN BROWN" FILED WITH THE SUFFOLK COUNTY
CLERK'S OFFICE ON MARCH 21, 1920 AS FILE NO. 761, A DISTANCE OF  1628.84
FEET  TO THE SOUTHERLY BOUNDARY LINE OF LOT 2 AND THE NORTHERLY BOUNDARY
LINE OF LOT 5 AS SHOWN ON THE AFOREMENTIONED FILED MAP;
THENCE ALONG THE BOUNDARY LINES OF LOT 5 AS SHOWN ON SAID "MAP OF  PROP-
ERTY OF EDWIN BROWN" THE FOLLOWING FOUR COURSES AND DISTANCES;
  I.  SOUTH  6°  14'  40"  EAST,  A DISTANCE OF 1656.83 FEET TO A POINT,
THENCE
  II. SOUTH 83° 36' 20" WEST, A DISTANCE OF  265.45  FEET  TO  A  POINT,
THENCE

S. 3643                             8                            A. 4678

  III.  SOUTH  6°  24'  00"  EAST, A DISTANCE OF 499.92 FEET TO A POINT,
THENCE
  IV.  NORTH  83°  21'  52"  EAST, A DISTANCE OF 1721.36 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF  LOT  5  AS
SHOWN ON SAID "MAP OF PROPERTY OF EDWIN BROWN" AND THE WESTERLY BOUNDARY
LINE OF PECONIC AVENUE (NOT OPEN);
THENCE ALONG THE WESTERLY BOUNDARY LINE OF PECONIC AVENUE (NOT OPEN) THE
FOLLOWING FIVE COURSES AND DISTANCES;
  I.  SOUTH  6°  04'  58"  EAST,  A DISTANCE OF 2077.59 FEET TO A POINT,
THENCE
  II. SOUTH 13° 07' 16" WEST, A DISTANCE  OF  77.19  FEET  TO  A  POINT,
THENCE
  III.  SOUTH  5°  57'  48"  EAST, A DISTANCE OF 639.29 FEET TO A POINT,
THENCE
  IV. SOUTH 6° 35' 47" EAST, A DISTANCE  OF  657.42  FEET  TO  A  POINT,
THENCE
  V.  SOUTH  6°  02' 13" EAST, A DISTANCE OF 744.57 FEET TO THE POINT OR
PLACE OF BEGINNING.
  SAID PARCEL CONTAINING 92,535,335± SQUARE  FEET  OR  2,124.319±  ACRES
MORE OR LESS.
  C.  "REUSE  AND REVITALIZATION PLAN" SHALL MEAN THE PLAN FOR THE REUSE
OF EPCAL PREPARED BY THE TOWN OF RIVERHEAD AND TOWN OF RIVERHEAD  COMMU-
NITY DEVELOPMENT AGENCY.
  2. ESTABLISHMENT OF ENTERPRISE PARK AT CALVERTON REUSE AND REVITALIZA-
TION  DISTRICT.    THERE  IS  HEREBY  ESTABLISHED  AN ENTERPRISE PARK AT
CALVERTON REUSE AND REVITALIZATION DISTRICT. THE GOVERNING BOARD OF  THE
DISTRICT SHALL BE A BODY CORPORATE AND POLITIC.
  A. THE GOVERNING BOARD OF THE DISTRICT SHALL CONSIST OF SEVEN MEMBERS:
FIVE  MEMBERS  OF  THE  TOWN  BOARD OF THE TOWN OF RIVERHEAD; ONE MEMBER
APPOINTED BY THE GOVERNOR WITH  EXPERIENCE  AND  EXPERTISE  IN  ECONOMIC
DEVELOPMENT,  ENVIRONMENT,  AND  PLANNING;  ONE  MEMBER APPOINTED BY THE
COUNTY EXECUTIVE OF SUFFOLK COUNTY  WITH  EXPERIENCE  AND  EXPERTISE  IN
ECONOMIC  DEVELOPMENT, PUBLIC WORKS, OR HEALTH SERVICES; AND, TWO EX-OF-
FICIO, NON-VOTING MEMBERS OF A CIVIC, PROTECTIVE OR SERVICE  ASSOCIATION
LOCATED IN THE TOWN OF RIVERHEAD OR PROVIDING SERVICE WITHIN THE TOWN OF
RIVERHEAD  TO  BE  SELECTED  BY  MAJORITY VOTE OF THE MEMBERS IDENTIFIED
ABOVE.
  I. THE INITIAL MEMBERS SHALL BE APPOINTED FOR THE FOLLOWING TERMS: THE
MEMBERS OF THE TOWN BOARD SHALL CONTINUE TO  SERVE  AS  MEMBERS  OF  THE
DISTRICT BOARD THROUGHOUT THEIR RESPECTIVE TERMS. AN APPOINTMENT TO FILL
A  VACANCY SHALL BE MADE IN THE IDENTICAL MANNER OF INITIAL APPOINTMENT.
IN THE EVENT A VACANCY EXISTS IN THE MEMBERSHIP OF THE TOWN BOARD OF THE
TOWN OF RIVERHEAD THEN THE MAJORITY OF MEMBERS OF  THE  TOWN  BOARD  MAY
VOTE  TO  APPOINT  A MEMBER OF THE DISTRICT BOARD UNTIL SUCH TIME AS THE
VACANCY IS FILLED BY APPOINTMENT OR ELECTION.
  II. A MAJORITY OF THE VOTING  MEMBERS  OF  THE  DISTRICT  BOARD  SHALL
CONSTITUTE  A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE
OF ANY POWER OR FUNCTION OF THE DISTRICT BOARD.   AN ACT,  DETERMINATION
OR  DECISION  OF  THE  MAJORITY  OF MEMBERS PRESENT AND ENTITLED TO VOTE
DURING THE PRESENCE OF A QUORUM SHALL BE HELD TO BE  THE  ACT,  DETERMI-
NATION OR DECISION OF THE DISTRICT BOARD.
  III.  THE  DISTRICT  BOARD SHALL APPOINT A CHAIRPERSON OF THE DISTRICT
BOARD TO SERVE FOR A TWO YEAR PERIOD. ALL MEMBERS OF THE DISTRICT BOARD,
INCLUDING THE CHAIRPERSON, SHALL SERVE WITHOUT COMPENSATION BUT  MAY  BE
REIMBURSED FOR EXPENSES NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
DUTIES.

S. 3643                             9                            A. 4678

  IV.  THE  DISTRICT  BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR AND SUCH
OTHER INDIVIDUALS OR STAFF DEEMED NECESSARY TO ADMINISTER THE PROVISIONS
OF THIS ACT.
  3.  POWERS  OF  THE  DISTRICT BOARD. THE DISTRICT BOARD SHALL HAVE THE
POWER TO:
  A. ADOPT, AMEND, OR REPEAL SUCH RULES AND REGULATIONS RELATED  TO  THE
INTERNAL  MANAGEMENT  OF EPCAL CONSISTENT WITH THIS SECTION, AS IT DEEMS
NECESSARY TO ADMINISTER THIS SECTION, AND  TO  DO  ANY  AND  ALL  THINGS
NECESSARY  OR  CONVENIENT  TO CARRY OUT THE PURPOSE AND POLICIES OF THIS
SECTION TO EXERCISE ALL POWERS GRANTED BY LAW. THE REUSE AND REVITALIZA-
TION PLAN AND RULES OR REGULATIONS ADOPTED BY THE DISTRICT  BOARD  SHALL
BE  THE  PRINCIPAL MEANS FOR CONTROLLING THE LAND DEVELOPMENT ACTIVITIES
WITHIN EPCAL, AND THE REGULATIONS MAY CONTAIN  DUTIES  OF  THE  DISTRICT
BOARD  TO  BE  UNDERTAKEN  IN  THE EXERCISE OF THE POWER GRANTED BY THIS
SECTION.
  B. THE DISTRICT BOARD SHALL PROMULGATE RULES AND REGULATIONS  CONSIST-
ENT  WITH ALL LOCAL, COUNTY, STATE AND FEDERAL LAWS TO ACHIEVE THE GOALS
SET FORTH IN THIS SECTION.
  C. I. THE DISTRICT BOARD SHALL MAKE AN  OMNIBUS  APPLICATION  FOR  ALL
SUBDIVISIONS  OF LAND, CONCEPTUAL DEVELOPMENT PLAN, INCLUDING DESIGNATED
OR PERMITTED ZONING USES, DIMENSIONS, LOT AREA, LOT COVERAGE,  NECESSARY
INFRASTRUCTURE  IMPROVEMENTS,  INCLUDING SEWER AND WATER, AND SUCH OTHER
DEVELOPMENT OR IMPROVEMENTS PROPOSED AND SET  FORTH  IN  THE  REUSE  AND
REVITALIZATION  PLAN  TO  ALL SUCH STATE, REGIONAL AND LOCAL DEPARTMENTS
AND AGENCIES HAVING JURISDICTION TO REVIEW, COMMENT, OR APPROVE DEVELOP-
MENT PROPOSED WITHIN EPCAL AND SUCH STATE, REGIONAL  AND  LOCAL  DEPART-
MENTS  AND  AGENCIES  SHALL  NOT  UNREASONABLY  WITHHOLD,  DENY OR DELAY
APPROVAL PROVIDED THE OMNIBUS APPLICATION IS CONSISTENT WITH  THE  REUSE
AND  REVITALIZATION PLAN AND CONSISTENT WITH ANY APPLICABLE LOCAL, STATE
OR FEDERAL LAW OR REGULATIONS.
  II. ALL LICENSES, APPROVALS, PERMITS OR DECISIONS ISSUED OR GRANTED AS
A RESULT OF SUCH OMNIBUS APPLICATIONS OR PROCEEDINGS SHALL INURE TO  THE
DISTRICT  BOARD AND FURTHER INURE TO AND FOR THE BENEFIT OF AND BE BIND-
ING UPON ANY PERSON LEASING, ACQUIRING, CONSTRUCTING, MAINTAINING, USING
OR OCCUPYING ANY LANDS IN EPCAL.
  D. ENCOURAGE, COOPERATE WITH, AID AND ASSIST THE TOWN OF RIVERHEAD  IN
THE  PREPARATION AND ADOPTION OF ZONING LAWS AND OTHER LOCAL LEGISLATION
REGULATING, RESTRICTING OR CONTROLLING  USES  OF  REAL  PROPERTY  WITHIN
EPCAL.  THE  TOWN  OF  RIVERHEAD SHALL RETAIN ALL POWERS RELATING TO THE
ENACTMENT AND AMENDMENT OF ZONING FOR LANDS WITHIN EPCAL, ENFORCEMENT OF
BUILDING AND FIRE CODES FOR ALL DEVELOPMENT  PROJECTS  AND  APPLICATIONS
FOR IMPROVEMENT TO PROPERTY WITHIN EPCAL.
  E. MAKE MAPS AND PLANS FOR PROPOSED SUBDIVISIONS, LOTS FOR DEVELOPMENT
WITHIN EPCAL CONSISTENT WITH THE ZONING DISTRICTS ADOPTED BY THE TOWN OF
RIVERHEAD.
  F.  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY AND
CONVENIENT FOR THE EXERCISE OF  ITS  POWERS  AND  FUNCTIONS  UNDER  THIS
SECTION.
  G.  ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY BE NECESSARY FOR THE
TRANSACTING OF ITS BUSINESS.
  H. UTILIZE, TO THE EXTENT FEASIBLE, THE STAFF AND  FACILITIES  OF  THE
TOWN  OF  RIVERHEAD,  PURSUANT  TO  AN ALLOCATION TO BE MADE TO THE TOWN
BOARD OF THE TOWN OF RIVERHEAD.
  I. HOLD HEARINGS IN THE EXERCISE OF ITS POWERS, FUNCTIONS, AND  DUTIES
PROVIDED FOR BY THIS SECTION.
  J. CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE.

S. 3643                            10                            A. 4678

  K. SUE AND BE SUED IN ITS OWN NAME, PLEAD AND BE IMPLEADED.
  L. ACQUIRE EASEMENTS AND OTHER INTEREST IN REAL PROPERTY CONTIGUOUS OR
ADJACENT TO EPCAL IN CONFORMANCE WITH THE REUSE AND REVITALIZATION PLAN.
  M.  ENFORCE  THE  REUSE AND REVITALIZATION PLAN, REGULATIONS, POLICIES
FOR THE REGULATION OF ITS AFFAIRS AND THE CONDUCT OF ITS BUSINESS.
  N. ADOPT AND COLLECT REASONABLE FEES, INCLUDING SUBDIVISION, AND  PLAN
AND  PROJECT REVIEW FEES, TO DEFRAY ITS OPERATING EXPENDITURES. ANY SUCH
FEES SHALL BE IN ADDITION TO ANY  APPLICABLE  LOCAL,  STATE  OR  FEDERAL
FEES.
  O.  RECEIVE  FOR  THE PURPOSES OF EXERCISING ITS POWERS UNDER THIS ACT
ANY FUNDS OR MONEYS FROM ANY SOURCE, INCLUDING GRANTS,  BEQUESTS,  GIFTS
OR  CONTRIBUTIONS MADE BY ANY INDIVIDUAL, ASSOCIATION OR CORPORATION, OR
BY ANY MUNICIPAL, COUNTY, STATE OR  FEDERAL  GOVERNMENTS  PROVIDED  THAT
WHENEVER  THE TERMS OF SUCH GRANT, BEQUEST, GIFT OR CONTRIBUTION REQUIRE
THE GRANTS TO BE A MUNICIPALITY,  MUNICIPAL  AGENCY  OR  UNIT  OF  LOCAL
GOVERNMENT, THE DISTRICT SHALL BE SO CONSIDERED.
  P. BORROW MONEY AND ISSUE BONDS OR OTHER OBLIGATIONS.
  4.  APPLICATIONS  FOR  DEVELOPMENT WITHIN EPCAL. A. THE DISTRICT BOARD
SHALL HAVE JURISDICTION TO REVIEW AND APPROVE ALL  PROPOSED  DEVELOPMENT
WITHIN  EPCAL  AND  APPLICATIONS  SHALL BE MADE TO THE DISTRICT BOARD ON
FORMS AND IN SUCH MANNER AS THE DISTRICT BOARD SHALL DESIGNATE.
  B. THE DISTRICT BOARD SHALL  DISPOSE  OF  APPLICATIONS  SUBMITTED  FOR
DEVELOPMENT OR IMPROVEMENT OF THE PROPERTY AS FOLLOWS:
  I.  IF THE APPLICATION IS CONSISTENT WITH THE PREAPPROVED APPLICATIONS
OF THE DISTRICT BOARD ISSUED BY THE STATE, REGIONAL  AND  LOCAL  DEPART-
MENTS  AND  AGENCIES, THE DISTRICT BOARD AFTER MAKING A DETERMINATION OF
CONSISTENCY WITH THE USE AND REVITALIZATION PLAN, SHALL REFER THE APPLI-
CATION TO THE TOWN OF RIVERHEAD FOR COMPLIANCE WITH  ITS  BUILDING  CODE
AND  ANY  OTHER  APPLICABLE  PROVISIONS OF THE TOWN CODE FOR THE TOWN OF
RIVERHEAD.
  II. IF THE APPLICATION IS NOT CONSISTENT WITH THE PREAPPROVED APPLICA-
TIONS OF THE DISTRICT BOARD ISSUED BY  THE  STATE,  REGIONAL  AND  LOCAL
DEPARTMENTS  AND  AGENCIES,  THE DISTRICT BOARD, AFTER MAKING A DETERMI-
NATION OF CONSISTENCY  WITH  THE  USE  AND  REVITALIZATION  PLAN,  SHALL
AUTHORIZE  A  HARDSHIP APPLICATION SEEKING A MODIFICATION, ALTERATION OR
EXEMPTION FROM THE APPLICABLE ISSUED LICENSE APPROVAL, PERMIT  OR  DECI-
SION TO BE FORWARDED TO THE APPROPRIATE STATE, REGIONAL OR LOCAL DEPART-
MENT  OR  AGENCY  FOR  ACTION  AND  THE DEVELOPMENT APPLICATION SHALL BE
DEEMED IN OBEYANCE. IF A MODIFICATION, ALTERATION OR EXEMPTION IS GRANT-
ED, THE DISTRICT BOARD SHALL RENDER A DETERMINATION CONSISTENT WITH  ALL
THE COMMENTS AND DETERMINATIONS AND FORWARD TO THE TOWN OF RIVERHEAD FOR
COMPLIANCE WITH ITS BUILDING CODE AND ANY OTHER APPLICABLE PROVISIONS OF
THE TOWN CODE FOR THE TOWN OF RIVERHEAD.
  C. THE DISTRICT BOARD SHALL MAKE A DETERMINATION WITHIN NINETY DAYS OF
THE  RECEIPT  OF  A COMPLETE APPLICATION. IF THE DISTRICT BOARD FAILS TO
MAKE A DECISION WITHIN NINETY DAYS, THE DEVELOPMENT SHALL BE  DEEMED  TO
BE APPROVED BY THE DISTRICT BOARD UNLESS I. THE DISTRICT BOARD RENDERS A
DETERMINATION  THAT  PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE IS
REQUIRED TO COMPLETE REVIEW OF THE APPLICATION; II. THE  DISTRICT  BOARD
RENDERS  A DETERMINATION THAT DUE TO THE COMPLEXITY OR SUCH OTHER UNIQUE
CHARACTERISTIC OF THE APPLICATION FOR PROPOSED DEVELOPMENT OR  ANY  SUCH
PORTION  THEREOF ADDITIONAL TIME IS REQUIRED TO COMPLETE REVIEW; OR III.
THE DISTRICT BOARD AND APPLICANT MUTUALLY AGREE  TO  EXTEND  THE  REVIEW
PERIOD, THEN THE DISTRICT BOARD'S PERIOD OF REVIEW SHALL BE EXTENDED FOR
A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL NINETY DAYS.  TO THE EXTENT
THAT  AN  ACTION  TAKEN IN FURTHERANCE OF THIS ACT IS SUBJECT TO ARTICLE

S. 3643                            11                            A. 4678

EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW THE DISTRICT BOARD SHALL ACT
AS LEAD AGENCY.
  5. ENTERPRISE PARK AT CALVERTON REUSE AND REVITALIZATION PLAN.  A. THE
TOWN OF RIVERHEAD SHALL FORMULATE AND ADOPT AFTER PUBLIC HEARING A REUSE
AND REVITALIZATION PLAN FOR THE EPCAL SITE THAT IS BASED UPON THE MARKET
STUDY,  SITE  AND  SURVEY ANALYSIS, ENVIRONMENTAL AND TRAFFIC REVIEW AND
CONSISTENT WITH THE GOAL OF ECONOMIC DEVELOPMENT AND URBAN  RENEWAL  AND
ADOPT  SUCH REUSE AND REVITALIZATION PLAN CONSISTENT WITH THE PROCEDURAL
REQUIREMENTS OF A COMPREHENSIVE MASTER  PLAN  WITHIN  ONE  YEAR  OF  THE
EFFECTIVE DATE OF THIS SECTION.
  B.  THE DISTRICT BOARD SHALL DEVELOP CRITERIA, REGULATIONS AND PERMIT-
TING PROCESSES CONSISTENT WITH THE REUSE AND REVITALIZATION PLAN, GENER-
IC IMPACT STATEMENT, AND ZONING ADOPTED BY  THE  TOWN  OF  RIVERHEAD  TO
EFFECTUATE THE GOAL OF ECONOMIC DEVELOPMENT AND URBAN RENEWAL WITHIN ONE
HUNDRED  TWENTY DAYS AFTER ADOPTION OF THE REUSE AND REVITALIZATION PLAN
OR WITHIN ONE HUNDRED EIGHTY DAYS OF ADOPTION OF THIS SECTION.
  6. JUDICIAL REVIEW. ANY PERSON AGGRIEVED BY A FINAL  DETERMINATION  BY
THE  DISTRICT  BOARD UNDER THIS ACT MAY WITHIN THIRTY DAYS FROM THE DATE
OF SUCH DETERMINATION SEEK JUDICIAL REVIEW PURSUANT TO ARTICLE  SEVENTY-
EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES. THE DISTRICT BOARD SHALL BE
PARTY TO ANY SUCH PROCEEDING.
  7. REPORTING. THE DISTRICT BOARD SHALL SUBMIT, NINETY  DAYS  FROM  THE
COMPLETION  OF  THE  FINAL  PROJECT ASSOCIATED WITH THE REDEVELOPMENT OF
EPCAL, A REPORT TO THE RIVERHEAD TOWN BOARD. SUCH REPORT  SHALL  CONTAIN
ALL RELEVANT INFORMATION RELATED TO ALL ASSOCIATED COMPLETED DEVELOPMENT
PROJECTS  WITHIN  EPCAL  AND  THE  CURRENT ACTUAL AND ESTIMATED ECONOMIC
BENEFITS SUCH DEVELOPMENTS WILL PROVIDE TO THE REGION. THIRTY DAYS  FROM
RECEIPT  BY THE TOWN BOARD, THE TOWN SHALL MAKE SUCH REPORT AVAILABLE TO
THE PUBLIC ON ITS RESPECTIVE  WEBSITE.  UPON  SUBMISSION  OF  THE  FINAL
REPORT TO THE TOWN BOARD THE DISTRICT BOARD SHALL BE DISCHARGED.
  S  3.  Severability. The provisions of this act shall be severable and
if any portion thereof or the applicability thereof  to  any  person  or
circumstance  shall  be  held invalid, the remainder of this act and the
application thereof shall not be affected thereby.
  S 4. This act shall take effect immediately.

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