Supervisor Considers Land Swap For Sports East If ZBA Nixes Plan

MATTITUCK, NY — Supervisor Scott Russell spoke out Monday about the Sports East proposal — and said if the zoning board of appeals fails 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.

Russell said there are "a lot of misunderstandings that need to be addressed", including some who believe he or another public official is "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 Paul 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. Sports East partner Joe 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 a notice of disapproval in April.

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.

For months, parents and residents have implored Southold Town to allow the application to move forward, citing a dearth of opportunities for young people, seniors and the community at large to enjoy healthy activities Sports East would provide, including a pool and tennis courts

Other feel the project, while worthy, is not the right fit for that particular location.

Leslie Weisman, chairman of the Southold ZBA, said the sole purpose of the hearing was to determine if the notice of disapproval should be overturned or upheld.

The ZBA is currently weighing its decision. The written comment period ended on Aug. 18 and the ZBA has 62 days to render its decision.

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.

Pawlowski, Slovak respond

Pawlowksi, when reached by phone, responded, "Let's hope the pending decision gets approved for the use, and we don't have to worry about finding another property. There's been a lot of time and money and effort spent on all sides for our town. We appreciate his support and all town officials' support, but their support is needed now."

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."

He added, "We are still hoping to get the ZBA's approval so we can move forward without any delay. Again, we are very appreciative to have the support of the town supervisor and other town officials."

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.

Russell said the town would start looking quickly to find alternative sites, should the ZBA red light the plan.

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."

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