Developer Paul Pawlowski Withdraws Application for Sports East

​MATTITUCK, NY - A plan for the proposed Sports East Fitness Club on Main Road in Mattituck is dead in the water.

In a heated planning board work session Monday, developer Paul Pawlowski was told that the planning board was considering a positive declaration for the state environmental quality review act determination, meaning that they would be asking for a draft environmental review.

Planner Mark Terry said the recommendation would be for the draft environmental review, based on a number of "large or moderate significant environmental impacts" including 13 potentical impacts on transportation, concerns with groundwater and surface water quality, impacts on energy, noise impacts, potential moderate impacts on plants and wildlife due to the size of the proposed structure, impacts on aesthetics, and consistency with community character.

Attorney Charles Cuddy, representing the applicant, took issue with the idea of a draft environmental impact statement, staying that Peconic Landing was allowed to move forward with no environmental impact statement; he also mentioned another project in Cutchogue and said that project was a Type 2 determination.

"To find that this has an impact is remarkable to me," Cuddy said. "I find it difficult to believe that except for traffic, which a study says has no impact, it's hard to believe you could find any impact." The parcel has no wetlands, no farm, no hazardous material, Cuddy said. He added that the proposal took a 20 acre lot and saved 15 acres of it. All around the parcel, he said, are business-zoned parcels. "It's amazing to me that you could find a need for an environmental impact statement that's going to save 15 of 20 acres. I can't believe the board would do that."

He added, "This doesn't make any sense to me. This is pretext, and a delay, to keep them from going foward."

He added that the decision would prevent the project from moving foward with the zoning board of appeals. "That's upsetting."

Planning Board Chair Donald Wilcenski said the board was just doing its due diligence and said he did not believe it was a delay; he said there were concerns about the traffic study, such as the timing of the study and a building across the road not taken into consideration. He said the board agreed to go through the SEQRA process because "you felt we were holding you up." But the board had questions that needed to be answered, he said.

Pawlowski, visibly upset, his voice shaking, said the board has had one question since March, which was immediately addressed.

"I haven't heard one word since then about the traffic study," he said, adding that he and his fellow applicants had mitigated every possible concern "to the letter, better than any other project. To have this happen four months later is outright disgusting. I could not be more upset. This is not normal. To have told us this, this late in the game, $103,000 later, is not normal."

Pawlowski said discussions with planning department staff were leaning toward a negative declaration. "How did that change?" A positive declaration, he said, would mean more than $100,000 and another year or two of time.

"I'm withdrawing the application," he said, standing up abruptly and leaving the room, followed by Cuddy.

"The applicant formally has withdrawn his application," Cuddy said, during the planning board meeting a few minutes later.

Town Attorney Bill Duffy said he did not consider what happened at work session to be a formal withdrawal. However, since Cuddy formally withdrew the application, the board did not act or vote on the SEQRA determination.

Last month's roadblock

Last month, the planning board put the brakes on a proposal for the Sports East Fitness Club on Main Road in Mattituck.

Plans for the indoor-outdoor private sport facility, pitched by partners in the project Pawlowski, Joe Slovak, and Steve Marsh included indoor tennis, an indoor swimming pool, multi-sports fields, pickle ball courts, a gym, rock wall, yoga, batting cages, a locker room and an organic juice bar.

The Suffolk County Planning Commission gave the project a 10-0 vote of approval, Pawlowski told Patch.

But last month, he said he received a copy of a memo from Wilcenski to Zoning Board of Appeals Chair Leslie Weisman, dated May 31.

The memo stated that the planning board has been reviewing the site plan hearing. After a public hearing, the memo said "concerns about whether the use, as proposed, is permitted as a special exception on this parcel. The board would like to avoid having the applicant invest any more funds into this application until that question is answered definitively by the Zoning Board of Appeals."

Concerns raised, the memo said, include questions raised by the public "about whether the use, as described by the applicant, is truly a membership club."

Several people, the memo said, questioned "how such an apparently intense commercial use could be allowed in a residential zone, and if the intent of the annual membership club was to allow something like the project being proposed."

Residents also questioned "finer points" of the proposal, the memo said, including whether daycare or childcare was allowed, and whether soccer teams that weren't members would be allowed to play on the fields.

The memo went on to say that the planning board was concerned about "tournaments or special events" that could bring in an influx of people that were non-members or spectators, making the facility public and not an annual membership club, which is eligible under town code for a special exception.

Another question involved if a person paid for less than a year, would it be an annual membership club.
The question of whether the proposed project met the definition of an annual membership club was sent to the ZBA for interpretation, stalling the plan from moving forward.

Pawloswki said, last month, "I think it's just a stumbling block and I think we can get it back on track." He added that the partners in Sports East would not have moved forward with the project had it not been allowable under town code; Pawlowski said they asked that question on the first day and right now, should be waiting on a state environmental review determination. "We should not be getting this memo in the eleventh inning," he said. "Getting this letter now goes against the entire process. This letter should have been given to us on Day One."

Also, Pawlowski said what's "confusing" is the planning board normally renders its decision based on the site plan and SEQRA determination. Early in the process, Pawlowski reminded that Weisman said the project was "allowable" and it was moved to the planning board, which had lead agency, for SEQRA review.

Slovak said the memo came "out of the blue." Both Slovak and and Pawlowski said they have addressed concerns raised in the memo and that they have "debunked" worries and would not be hosting events for non-members, and would have no daycare facility.

When the got the memo, Slovak said, "Paul and I were literally left shaking our heads." Their attorney Cuddy also wrote a letter to the town, he said. "We don't know where this came from," Slovak said.

The hearing went well and was closed, Slovak said, and the memo was "dumbfounding."

The hope, Slovak said, was that the ZBA would send the project back to the planning board so plans could proceed; civics and chambers were in favor of the project, he said. "We're not going anywhere," he said. "We've got too much passion and time invested in this."

Southold Town Supervisor Speaks Out

Of the memo, Southold Town Supervisor Scott Russell said last month, "From the beginning, Mr. Pawlowski’s assertion that he would break ground in six months was farfetched. Outside of agricultural structures, it would be the single biggest building (by far) on residential property. The fact that it may or may not be allowed on residential property hasn’t even been settled yet."

When asked about some "rumors" that had allegedly been circulating around town — sparked by some wondering why the memo was suddenly issued after plans seemed to have received public support — that Russell, or someone else in town government, might personally have put pressure on the planning board to put the brakes on the project, the supervisor responded: "I 'personally' have no reason to do that. The town needs a facility just like that one, maybe not to the scope or scale, but certainly all of the amenities that it offers. I have met with the developer to discuss it and am meeting him again. To suggest that the planning board, the ZBA or Town Hall staff bend to my will is an insult to all of them."

The supervisor added, "Further, for months I have said that if that property didn't work out, the town should pursue a public/private partnership with the owner."

Of the alleged rumors, Pawlowski responded last month: "Rumors are simply rumors. We look forward to working with the supervisor, as we were well within code to get this done without costing the taxpayer any money."

The public weighs in

In May, the public came out to speak passionately on both sides of a proposal for the Sports East Fitness Club on Main Road in Mattituck.

A standing room only crowd packed Southold Town Hall for the public hearing on the sports facility.

The meeting was the second in a week on the topic; earlier, partners in the project Pawlowski and Slovak, along with Suffolk County Legislator Al Kruspski, and Bob DeLuca, president of the Group for the East End, were guests at a forum organized by the Mattituck-Laurel Civic Association and held at the Mattituck American Legion.

The plan was Pawlowski’s third for the site, located on Route 25 across from the old Capital One building: First, he pitched a plan for workforce housing on the land. Last year, he proposed a second concept, which would have included stores and affordable apartments on the section of the parcel fronting Main Road, with a goal of preserving 17 of the 21 acres, and a gazebo.

Pawlowski withdrew that application in September after residents turned out to voice fierce opposition to the zone change, citing concerns over traffic, density and quality of life. He has said that the current plan is his last and he would "not doing anything else" on the parcel should the plan not get approved.

Wilcenski said in May the application was also before the ZBA and they were waiting on the planning board's state environmental quality review act, or SEQRA, determination.

Neighbor Denise Geis kicked off the evening by raising concerns over traffic, as well as with a traffic study that she felt should have been conducted during a more busy time of year than March.

Suffolk County Community College, she added, will be opening its "huge sports complex," including a pool, by spring of 2017. Others agreed services offered would be duplicative.

She referenced Suffolk County Legislator Al Krupski's willingness to consider talks with Pawlowski regarding a county purchase of the parcel for preservation and said that option should be considered.

Geis also questioned plans to allow children of members to be dropped off before and after school unaccompanied by parents and asked about the difference between a day care and sports complex.

She mentioned that, at last week's meeting, Pawlowski said he would consider creating a not-for-profit, which could take the parcel off the town's tax roll.

Should that happens, she said, "there would be no long-term benefit for the community," leaving the town with detriments including traffic and noise. "We've heard time and time again that this will address drug use. That's an unrealistic promise," she said. A special exception, she added, "would benefit himself and his other partners."

Resident Julie Amper, also a member of the Mattituck Laurel Civic Association, said she was "very much opposed" to a special exception being granted. "This is just a subterfuge to allow a commercial use in a residential zone," she said.

She added that a "much ballyhooed carrot" is merely just a "small pool for member use." The town already has fields, health clubs, tennis courts and pickleball facilities, as well as dance and Pilates classes and a sporting goods store on Main Road. "Does this one carrot, a private swimming pool, justify the stick?" she asked. Amper said downsides included traffic concerns and the shattering of a vision for Mattituck's quiet residential area, to be replaced by the "thump" of tennis balls from dawn to dusk during summer months when it's light longer.

After a town planning meeting to discuss the draft land use chapter of the comprehensive plan, Amper said, "I wondered, why bother? Will our vision, goal and objectives be honored? Can we trust our leaders to uphold policies and land use designations from the comprehensive plan when anytime and anywhere in Southold, a special exception can be granted that makes a mockery of the issue of trust and the letter and spirit of the zoning law?"

She asked that the ZBA honor the spirit of the town's vision by denying the special exception request.
Granting the special exception for a private club, she added, would be "opening up Pandora's box" for other commercial enterprises to litigate for the right to build on residential property with special exceptions.

She also mentioned environmental concerns that she said could be posed by the project, and said nitrogen overloading and deteriorating water quality on the East End are a critical issue. The removal of trees in the plan also pose a concern, Amper said. Pawlowski has promised a wide swath of trees as a buffer to create a pleasing gateway to Mattituck for those driving by.

Traffic congestion was another worry, Amper said. Years ago, the New York State Department of Transportation would not approve any entrances or exits onto Main Road; she asked why they were considered now.

The project should only be considered in a commercial zone, she said.

Addressing concerns

At that meeting, Pawlowski stood up to counter concerns and said he lives in Mattituck and lives within a few miles of the proposed facility. He was approaching the plan as a resident, not a developer, he said.

He went over the plans, noting that the six lane, 25 meter pool is "by no means small. It's the largest of its kind out here by far," allowing an "avid swimmer the ability to do laps and children to have fun in the pool and learn how to swim."

He added that he and his partners were proud to say the project was privately funded. When asked about seeking not for profit status, he said he and his partners were not looking for any financial assistance or tax abatements.
Childcare would be for members only, he said; by no means would the club serve as a a baby-sitter.

The club, he said, was not meant for tourists, although weekend members who joined would be welcomed. "This is for us, the residents of Southold Town," Pawlowski said.

Noise would not exceed what currently exists on Main Road, Pawlowski said, reminding that the plan is for an indoor facility with outdoor fields.

He reiterated that the partners are willing to consider an alternative wastewater treatment system.

Turning to the crowd, he asked, "Who here wants this?" His question was met by loud applause.

Preserve what's left

Joy Ellinghaus of Mattituck said she's owned a second home on Sigsbee Road for many years. She attended to speak out against the plan. "Each year on the ride out, I was always rooting for the wooded lot to still be there when I came for the summer," she said. "And I can't have been the only one."

Over the years, Ellinghaus said she's watched the area change. None of the other hamlets, she said, "took the beating that Mattituck did."

Of the fact that so many seemed to embrace the plan, she added, "Maybe you can fool all of the people, all of the time."

There was no "need" for a pool, she said, just as there is no need for other examples such as a cinema or indoor shopping mall. "This is a want," she said. "Can you give people what they want without breaking the back of Main Road?"

The plan, Ellinghaus said, "is simply being offered at the wrong location but just as with all his projects, Mr. Pawlowski refuses to see any negative, it's neverending assurances. He can't possibly deliver on all his promises. No one could."

She raised concerns about the time of year the traffic study was conducted and asked who would be there to facilitate children coming and going or riding their bikes, as well as what types of professionals would be hired for the daycare component.

Pawlowksi said as with any traffic study, the data collected was added to years of data from other studies for a comprehensive look.

Ellinghaus also questioned the wastewater treatment plan pitched and said Kevin McAllister of Defend H20 "did not seem impressed" at a previous meeting.

She suggested Pawlowski pursue the option of allowing the county to purchase the property for preservation, to prevent overbuilding and retail sprawl "similar to Route 58," which is a goal of the town.

"The North Fork is beyond a turning point. We are at critical mass," she said, stating that it won't "take much" overdevelopment to threaten quality of life. "This isn't about one developer, it's about the many who are coming. It's a challenge to keep the rural character of the North Fork at the forefront and the only way is through preservation and adaptive reuse."

Small business owners worried

Jill Schroeder, owner of JABS in Mattituck, said she is passionate about fitness but feels the facility "will greatly challenge what I have done over the past five years and may destroy my business" as well as other small local fitness facilities, owned by individuals with young children.

Small local business people, she said, would be affected "the by sheer magnitude" of the project "and the money behind it. I don't have that, but I have passion for what I've done and for my charity work" in the community, she said.

Applauding the plan

Others spoke out in support of the plan.

Personal trainer Frank Zagarino of Laurel said he moved from Los Angeles 15 years ago to raise his children. Senior citizens, he said, will benefit greatly from not having to drive long distances for a pool.

He addressed the burgeoning heroin crisis and said there is a need to create activities for young people during the winter months so kids aren't sitting in the basement "doing drugs."

"Everyone wants to put their heads in the sand," he said. "One of the biggest benefits of this is giving our kids something to do."

He noted that the buffer of trees would ensure the facility would not look like Walmart in Riverhead, where trees were razed.

Also, while Zagarino said he felt for Schroeder, in Los Angeles, he'd seen boutique gyms continue to thrive even with the creation of larger facilities; clientele remain dedicated to their gyms and trainers, he said.
"The good outweighs the bad," he said.

Eric McKenna, who teaches at Mattituck High School and also coaches at a local soccer club, said he "passionately" supports the plan. "Sports East is a unique opportunity to shape countless lives and instill life lessons that come with sports," he said. "Where would my life be if I hadn't learned the values associated with sports?"

His son, 10, also stood up to laud the plan. "My friends and I are asking because we need a place for year-round sporting activities. You wouldn't want us sitting around doing nothing at all."

McKenna added that sports had taught him the value of hard work and competition, and given him an outlet when he was a young person himself. Academic success and sports are also closely linked, he said.

Nan Shea, a Southold native who has lived in the area for more than 70 years, was admittedly nervous at public speaking, but stood at the podium to let her voice be heard. "I think this is the best thing that can happen to our town. No question."

She and four friends get in a car at 7:15 a.m. to drive to Riverhead and swim; some have physical challenges and would benefit greatly from the facility close to home.

Local counselor Jeanine Warns also spoke about the drug plague sweeping the North Fork. "I've seen families devastated. I've attended the funerals."

Not only would Sports East provide a healthy outlet for kids, it would help the elderly have a place to exercise. "It would give every age group a place to grow. I think it's a wonderful opportunity fo revery single one of us."

Added Cuddy, at that meeting, "This is the right thing, in the right place."

Slovak said as a father and educator, the plan has been modeled after a number of facilities nationwide, not just SYS in Southampton and said the facility would be inclusive, with a demographic of "birth to 100." He envisioned a "community hub" for seniors, toddlers "and everyone in between."

He blasted the "withering remarks" of some toward Pawlowski. "He's got to have a thick skin."