An enthusiastic group of residents filled the library auditorium on March 15 to demonstrate their support for a residential retirement facility at St. Paul's. The meeting was conducted by Mortimer Chute, chairman of a newly formed grass roots citizens' group called Seniors' Committee for a Future Home at St. Paul's. A 55 year resident of the Village, Chute was Sr. Vice President of Memorial Sloan Kettering Cancer Center. He retired after 17 years of service,

"The purpose of our organization is to develop widespread support throughout the community for the development of a residential and assisted living facility utilizing the St. Paul's building and no more than 10 acres of the St. Paul's campus," said Chute. "We strongly support the Village's effort over the past seven years that has gotten us to the point where we are now. Our intention now is to urge the Village to make this happen. We will do this by demonstrating that there is tremendous support throughout our community for this use of the building. A major part of our plan is to communicate accurate and complete information to the residents. When people understand the proposal, we know they will join our effort. In addition to providing a facility the community needs, our plan will save this beautiful historic landmark from demolition."

Former Mayor Richard Benack spoke of the more than five years that former Mayor Brian Deveney's outstanding committee had spent trying to find an appropriate use for the building. Added to that time was the number of years the Cathedral had searched in vain for an appropriate buyer. When, at last, several Assisted Living developers made proposals to Deveney's Committee, Benack said this was a use he was enthusiastic about supporting.

Currently the Village has n agreement with Care Matrix, an assisted living developer. On March 15, 1998 the Village signed a Letter of Intent with Care Matrix in which both parties signed an agreement that it is their intent to sign a lease. This contract terminates on April 11. Both parties must agree to renew the contract for it to go forward.

There is, however, an impediment to the plan. In 1997 residents James and Helen Kenny of Whitehall Blvd. and Lawrence and Barbara Rafferty of Kensington Rd. filed a lawsuit against the Village opposing the lease of the St. Paul's building. They maintain that St. Paul's property is dedicated parkland and any attempt to lease or sell the property requires an act of the NYS Legislature. Village counsels Gary Fishberg and Peter Mastaglio maintain that St. Paul's is not dedicated parkland. Mr,. Raferty and Mr. Kenny claim that when the Village acquired the property, it was a public trust so that approval of the legislature would be required to sell or lease it. Village counsels maintain that the property was acquired by condemnation. No trust was imposed upon it. The Village owns it free and clear.

On Nov. 25, 1998 Justice John Burke denied motions by both Plaintiff and the Village for Summary Judgments noting, "Ample issues of fact are presented which only can be resolved by a trial." In his ruling, Judge Burke cited a case (Lazure vs. the City of Massena) in which the Appellate Division ruled, "Certainly a parcel may become a park either through express provision, such as the continued use of the parcel as a park or by certain acts of the respondent. Notable, whether the parcel has become a park under the latter method is a question of fact which is to be determined by all the evidence."

Speaking to Garden City Life on Thursday, Village Counsel Peter Mastaglio said "We expect the action to appear on the trial calendar in April. The plaintiff's demanded a jury trial. The Village moved to strike the jury demand and the Village motion was granted. This will be a bench trial."

Following former Mayor Benack, Chute introduced his third speaker, longtime resident Hamilton Smith, who as a member of Brian Deveney's original St. Paul's Committee. He spoke of the Requests for Proposals (RFPs) which were sent out in December of 1995. Smith, who is a nationally renowned architect and former chairman of the Village Planning Commission, supervised the drafting of those RFPs. He said that the 10 acre area, (including the building) designated to be used for the project, has never been enlarged, major trees were required to be preserved, roof height of any additions could not exceed the height of the basic building and the design of additions had to be architecturally compatible with the existing building. In the original RFP the Stewart Avenue entrance and the parlors were to be preserved.

Smith spoke of the chapel which was located on the second floor. "It simply is no longer a chapel," he said. "It has been deconsecrated. The altar and the baptismal font have been removed. There is substantial water damage in the whole central wing." In answer to a question, he said that the Tiffany window had been removed.

In concluding the meeting Shute urged the attendees to speak to their neighbors and join in every way possible this effort to get community support for a residential use of the building.

"We don't want to be confrontational." said Chute. "We believe there is substantial support in the Village for this proposal. We no longer wish to stand by and see an opportunity pass by."

Chute urged residents who wish to support this effort to write letters to the Village Board of Trustees, 351 Stewart Avenue, Garden City 11530 and to the local newspapers.