The public policy of the village has been to acquire land for parks, schools, recreation, green space and other public purposes. Our public land has always been used for the benefit of all our residents. It was never intended to be sold to residents for their private purposes.
That policy ended on Dec. 19, 2013 when the board of trustees (“Board”) sold an acre of public land to a handful of residents living in the Franklin Court Mews (“Mews”) for their private purposes. Residents were not given any opportunity at any Board meeting to speak on the issue.
In June 2014, the Mews owners erected a 6½ foot fence on the property locking out their neighbors from the park which they used for over 80 years.
As a condition of the sale, the Mews owners sought a fence. Village Counsel Fishberg (“Fishberg”) advised their attorney that the village consented to their proposed fence. Mayor Watras (“Watras”) confirmed Fishberg’s advice in a letter stating “…the Purchaser requested the opportunity to erect a fence thereon (the specifications for which were provided to the Village in advance) and that the Village determined to sell the property with permission to erect the fence….”
Village Counsel Bee (“Bee”) states that the board did not approve the proposed fence. Bee charges that Fishberg and Watras acted without the authority of the board. Bee goes further and states “in hindsight” that the board failed to follow its own zoning law with regard to this fence. According to Bee, Fishberg, Watras and the board participated in illegal acts.
However, the board approval of the fence is no longer an issue as the deed provides if a structure (i.e. a fence) is erected on the property, the village has the right “to take possession” of the property.
The board should end its self-made mess, reclaim the property and preserve our policy of keeping public land for all our residents.
It’s time for the residents to take a stand. Join former Mayor Don Brudie and myself and demand that the board exercise its right to take our property back. Email Mayor Watras and the board at mayor@gardencityny.net
Thomas M. Lamberti
