Neighbors challenge Primo Sports' new plans
By Edie Johnson
CHESTER — If the owners of Primo Sports thought the road to acceptance in their new neighborhood would be smooth, they were wrong.
They still face a complicated approval process for the $10.6 million sports complex they want to build next to the industrial park on Route 94 in Chester. It will replace their facility in the Village of Florida, which they say they've outgrown.
Their first public hearing brought out neighbors with complaints about traffic, bright lights, and noise coming to a residential area. And the complaints continued at Wednesday night's hearing, with new fears about stormwater spilling offsite, and lack of parking after the project is complete.
They complained that the process was unfair because the town's zoning board of appeals (ZBA) granted Primo Sports a variance in executive session, where the public is prohibited, and never explained its reasons. The variance allows Primo Sports to build on a smaller parcel than normally allowed for a project of its size because it would be operating on a membership basis. Residents said the ZBA never explained why this "membership community" does not qualify as a "business enterprise."
It's now past the time when the public could have legally challenged the decision. Fellenzer Engineering, the project engineer representing owners Luca Spensieri and Jim Lagarde, reported that the numbers and sizes of the buildings and fields were downsized to fit the site.
"Since they have the variance of the ZBA, there is nothing we can do about it," said planning board attorney David Donovan.
The Chester neighbors said that if Primo Sports has outgrown the Florida site, it will soon outgrow the Chester site as well, because there's no room to expand.
Primo Sports has applied for an enhanced tax break through the Orange County Industrial Development Agency.
Support for PrimoOnce again, residents complimented the Primo Sports model and reputation, saying they loved the company, and the activities it offers local children. But they said the site was wrong because the neighborhood is primarily residential and agricultural, and does not allow an adequate buffer for noisy activities.
Speaking in favor of the proposal, Chester attorney Gary Goldstein said, "The board is required to defer to the experts, and to look at the benefits and fairness to the entire community, and to the owner of the property. This project offers construction jobs, summer and after school jobs for teenagers, skills in leadership and baseball, basketball as well as social skills."
He also warned about the other uses that might otherwise end up at that location — dormitories, multi-family housing for agricultural workers, repair garages, or composting.
"This has a lot less impact on the surrounding community, plus it has economic benefits," he said.
Fellenzer Engineering says the project is doing everything by the book, in studying traffic and hewing to lighting requirements. Neighbors' fears that their properties would be flooded by runoff are unsubstantiated, they said. The complex will operate until 10:30 p.m. on weekdays and 11 p.m. on weekends, which are "consistent with other facilities of this type that have night lighting," they added.
Worry about noise and lightsThe prospect of noise and lights late at night, even on Sundays, was the most recurring complaint. Residents said the environmental process was supposed to protect their quality of life, considering the residential nature of the neighborhood.
LED lights will be placed on poles 70 to 75 high. To the neighbors' dismay, the New York State Department of Transportation has decided that even the need for a left or right turning lane is unnecessary.
Several planning board members agreed with the public that the hours proposed were too late, especially on weekends.
With the town's new comprehensive plan now complete, the planning board says it's mindful that they "are required to mitigate impact." The plan asks that new non-residential projects be developed in a way that protects the value of existing homes.
Meanwhile, Primo had its own smaller but enthusiastic squad of athletes cheering them on, stoked at the chance for a new venue. Primo has a record of gathering competitive athletes, participating in community fundraising, and developing strong bonds between student-athletes and their trainers. It has developed nationally and internationally recognized competitors.
The public hearing phase is now closed. The applicant will again appear before the planning board after some of the latest engineering concerns have been addressed.