Pawlowski On ZBA's Sports East Ruling: 'Today Was A Really Bad Day For Our Community'

SOUTHOLD, NY — After months of deliberation, the Southold Town zoning board of appeals rendered a decision on Sports East, upholding a notice of disapproval and putting the brakes on the plan— and now, developer Paul Pawlowski is speaking out.

ZBA Chair Leslie Weisman said Thursday that the notice of disapproval, which said the sports facility was not a permitted use on the parcel's zoning, was upheld and the decision will be signed Friday; the ruling will be made public after it's signed by the Southold Town Clerk.

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, is 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. 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 had no comment.

"Thank you everyone that supported this project and most importantly, to my partners," he said.

In a written statement, Pawlowski added, "Bottom line is, this will never be done with private funds again and if our officials want this to happen they need to make it happen and I wish them success — as this is needed.

The merit of this application should have been enough and it was not. However, we felt we were within code and following the same rule book as other membership clubs. I guess we were wrong . .. To the town officials — we tried, and it didn't work. It is now on you.

Supervisor Scott Russell spoke out Monday about the Sports East proposal — and said if the zoning board of appeals failed to rule in favor of the project moving forward, he'd consider a land swap or other alternatives to keep the plan for a recreational facility, one which he says has his "unequivocal support," in Southold Town.

On Thursday, Russell said he hadn't read the decision yet and couldn't comment.

Pawlowski said, on Thursday, "On the comment of support from the town: I will say the support was needed tonight. It it was not there. We cannot continue to wait for the support."

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?'"

On Monday, Russell said there are "a lot of misunderstandings that need to be addressed", 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 were 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."

When asked why he'd chosen to speak out now, Russell said, "I need to state my position emphatically because misconceptions and misstatements shouldn’t involve people in my private life. And because of that, it, became clear to me late last week that I needed to correct the record."

The problem that's existed up to now involves whether the facility would be allowed on residential zoning. Currently, a membership club would be allowed, while a recreational facility would not.

"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.

But should the zoning prove insurmountable, Russell said he and the town would work to find another location for the proposed facility.

Options could include a land swap, the supervisor 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.

Pawlowski added, of a potential land swap, "No other property is available and no other property wouldn't require the same special exception. We look forward to their support. We appreciate and respect his comments. But the time is now."

Slovak added, "We respect the supervisor's statement but believe the proposed location meets the requirements needed to be granted a special exception. This has been a lengthy process with ups and downs and it has certainly given me an interesting insight to local government. I respect the process, as do I respect all who voice their opinion. That said, we have had what we think were very constructive conversations with the town, with the goal of moving this project forward. We have, quite frankly, done everything asked of us as outlined in the denial letter in December of 2016."

Many members of the public have spoken out passionately in favor of Sports East at past hearings, but others have voiced concerns about the proposed location and its impact on what they feel is an already overburdened Mattituck community, with issues such as traffic, density, and other quality of life concerns voiced.

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."

The supervisor said he could speak for the town and a "commitment" on his part to work quickly, should the ZBA not rule to move forward, to find another location, something town counsel says is "perfectly legitimate".

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."

After Russell's comments and before the decision, partner Slovak thanked the supervisor on social media and added, "I'm trying to figure out the specifics of the offer. Are they working on it now, just in case the ZBA denies us? What happens if they find a spot but face opposition? What will the zoning be? Will we be constrained by certain requirements similar to ones in a special exception? Do we have to start over? This is important because I can tell you, two years out of anyone's life, dedicated to something, is all consuming, worth it — but stressful and nerve racking, not to mention the cost incurred. The town of Southampton worked together with SYS and expedited the process dramatically. Additionally, the supervisor said there isn't a piece of property currently in the town's inventory that coincides with the Sports East proposal. What might the plan be to make something available?"

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