Developer Lists Sports East Property, Still Weighing Preservation

MATTITUCK, NY — Developer Paul Pawlowski is weighing next steps for the parcel where he'd hoped to move forward with his Sports East proposal, which got nixed by the Southold Town zoning board of appeals last month.

The land, located at 9300 Main Road in Mattituck, is now listed with Daniel Gale Sotheby's International Realty for $1.65 million.

But Pawlowski told Patch Thursday that the idea of a sale is not necessarily set in stone.

"We submitted applications to both town and county for them to buy and preserve it," he said. "We don’t know how long that process takes so we also listed the property, as well. Our goal is for the town or county to buy it first and foremost — however, if that fails, then we will look to sell it."

As for the Sport East facility, Pawloski said, "We will listen to what the town has offer in terms of property. This can happen on without issues."

Southold Town Supervisor Scott Russell weighed in on the possibility of preserving the parcel; a land swapwas one idea pitched in past weeks.

"I am focused on finding a suitable new site," he said in an email Thursday. "The preservation of that piece is secondary; however, we are always willing to discuss possible preservation or partial preservation of any property. My first goal is working with Paul to find a new home for Sports East."

Russell also said he'd met with Pawlowski to discuss a specific site that might work; the supervisor said he is in the process of discussing the possible purchase with the current owner of that property — as well as the possible purchase of another site.

The supervisor said he's focused on creating options and shaping a "best course of action."

The ZBA put the brakes on the Sports East plan last month when the notice of disapproval, which said the sports facility was not a permitted use on the parcel's zoning, was upheld.

The ZBA's decision came after the town building inspector issued a notice of disapproval in April; a public hearing was held, with scores of residents coming out in support of the much-needed recreational facility and others questioning its location on Main Road in Mattituck and raising concerns over traffic, density and quality of life.

The notice stated that the proposed use, as applied for, was not a permitted use in the R-80, or residential zoning district; the property is located at 9300 New York State Route 25 in Mattituck.

"Today was a really bad day for our community," Pawlowski said, after the decision. "The Sports East team has no choice but to move on. We have been left powerless. We have spent 2 years and a lot of money on this and can't not continue. It is now up to the town officials to get this done for our community as it is needed and that is all that is important."

When asked if he would consider legal action, should the process not move forward, Pawlowski has said he has no comment.

Meanwhile, resident Mindy Ryan, upon hearing the news, said, "I'm crushed by this decision. Paul Pawloski, Joe Slovak and Steve Marsh are my heroes. They fought the fight. They bent over backwards. The town said, 'Jump,' and they said, 'How high?'"

Russell, also previously said there were "a lot of misunderstandings that need to be addressed", regarding the Sports East plan, including some who believe he or another public official was "trying to scuttle" the plan from "behind the scenes, which is just not the case."

In fact, he said, it's "been the opposite. Emphatically, I support it."

If an elected official had been trying to squash the plan pitched by Pawlowski, Russell said, "The ZBA would have taken action long ago. It's just the opposite. Everyone is trying to find answer to something that has no easy answer."

The problem centered on whether the facility would be allowed on residential zoning. Currently, a membership club would be allowed, while a recreational facility would not, he said.

"Zoning is not a popularity contest," Russell said.

Russell said from the outset, his position has not changed. Slovak, he said, came to him two years ago to discuss the plan, before an application was pending, and Russell said he told him "difficult" to site that type of facility on residential zoning. "They think differently and that's their right," he said.

A crowd turned out in August to speak out on an application for the proposed Sports East facility — with many residents imploring zoning board of appeals to green light the plan, and saying it's critically needed.

Others expressed concerns that the intended use is not appropriate for Main Road in Mattituck.

This time, the application was back before the town with a new addition to the plan — a proposed second, outdoor swimming pool was pitched.

The Southold Town zoning board of appeals held a public hearing after applicants for the Sports East proposal, which has been before the town for months, asked for a request for interpretation after the town building inspector issued the notice of disapproval in April.

Weisman said at the public hearing that the sole purpose of the hearing was to determine if the notice of disapproval should be overturned or upheld.

Russell said he supports Pawlowski's plan to build Sports East "100 percent;" Southold, he said desperately needs the facility.

When he first became supervisor, Russell said he looked at the prospect of a community pool, something that proved too expensive. A public private partnership, he said, might not be a solution.

But, Russell said, "if that site doesn't work, I will make it my top priority to work with Paul to find another location quickly" so he can commence building as soon as possible.

Russell also said Pawlowski has spent money on a process "that hasn't been fair" to him. "He shouldn't have been able to get so far down the original" path of the application "without issues being addressed in the very beginning. These are issues that need to be addressed early in the process, not late." Expenditures thus far need to be factored into the equation, Russell said.

In January, Russell suggested to the town board the idea amending the town code to allow recreational facilities in industrial zones.

"There's no one in town government that opposes this. They all support the facility," Russell said.

And, he added, the same has been true with the public supporting the idea of the facility — with the focus of opposition centering on the location.

Every decision of the ZBA "has to be thorough, because you don't want unintended consequences," Russell said.

Russell said he has "a deep commitment" to working with the Sports East partners "to make it happen. If not there, than somewhere. Southold needs it desperately. I have kids, I know how much their lives would be enriched by having this type of facility," he said. "But zoning is designed to remove subjectivity from the process. That's the whole reason for it."

Asked about rezoning the parcel, Russell said he did not see it as a viable option, with residents likely not to support increased linear commercial use on Route 25.

"The issue has always been the location. Not the developer. Not the proposal," Russell said. "It's a zoning issue."

(Patch photo by Lisa Finn of Paul Pawlowski at a prior meeting on Sports East).