To the surprise and dismay of many village residents, demolition began at 116 Eleventh Street in Garden City last Thursday, Dec. 6., making waves in a parking saga that's plagued the village for decades. The Albanese Development Corporation, owner of the home, has continually urged the village to purchase the property to allow for the expansion of Parking Field 10. But for years, the village has not taken them up on their offer.

Russell G. Matthews, executive vice president of the Albanese Corporation, said it no longer made economic sense to continue paying taxes on an empty house and demolition would help relieve the corporation's tax burden. "Some are speculating we're going to apply for a special use permit to build a private parking lot but we're hoping that now, with that house no longer standing, the opposition can no longer use the phrase 'no more houses for parking,'" Matthews said. "We could've done this five years ago but we were assured by the village that if we were patient and participated in the process that they would live up to the recommendations of the village Planning Commission. They have not acted in good faith like we expected they would. In the 12 years we've owned the house, the taxes have more than doubled, making us pay close to $20,000.

"It doesn't make sense for us to pay taxes, like school taxes, on a house that's not occupied, to pay insurance on a vacant house and risk having it vandalized, risk having someone damage it. It just didn't make economic sense anymore to leave it standing," he said.

Angry residents, particularly neighbors of 116 Eleventh Street, voiced their disapproval during last week's board meeting, some even scrutinizing the authority of the village's higher ups. A Tenth Street resident said she's outraged by the recent events and questions the division between residential and commercial properties.

"Commercial owners are taking it upon themselves to just demolish and level the house and I think this is absolutely insane. This is a very scary thing that's happening in this village," she said. "This is a neighborhood and I ask of you, as fellow residents, to please help us. I feel like we're losing control. Who's running Garden City? Is it the commercial owners or is it the residents? I know there has to be a joining of the two but at this point the commercial owners are stepping out of their bounds."

According to Matthews, the company wants the village to honor their commitment to the Albaneses when Mr. Albanese obtained the permits to build 10 and 1050 Franklin Avenue. "We paid for the benefit assessments that raised the funds necessary to acquire the other eight homes in the other parking fields that benefited other buildings with the expectation that when the homes became available in this lot they would be acquired by the village, the improvements would be made and the parking field would be expanded accordingly," he said. "If the Planning Commission didn't recommend this, this is not something we could urge the village to do."

Ross Mongiardo, Garden City Chamber of Commerce president, thinks the village should continue to act upon a sound, logical parking plan. "A parking plan that has served the village well for many, many years," he said. "A plan that is supported by three of the four Property Owner's Associations (POAs) and the Chamber of Commerce."

A neighbor of 116 Eleventh Street also spoke before the board, equipped with pictures to back up her complaints. "I live next door to the Albanese home and was quite surprised to wake up one morning and take my dog for a stroll and find that there was asbestos being removed from the property."

She went on to voice concerns regarding what she described as security issues on the property, particularly how workers tapped into a nearby fire hydrant and ran it down the sidewalk with no type of tape securing it.

"For two days straight I have seen errors in judgment. Who knows what's going to happen further down the line when they start to tear the house down ... I want someone to call me and inform me of what steps are going to be taken so my family is informed," she said.

Mike Filippon, superintendent, village Buildings Department, stated inspectors from the New York Labor Department were on site during the asbestos removal. "I want to assure everyone that the proper safety measures have been taken and the proper agencies have been notified," he said.

The village's Buildings Department has issued four demolition permits this year, including the recent St. Mary's property and now 116 Eleventh Street. However, this is the first permit in which future use of the site is not yet ironed out.

Dennis Armstrong said he couldn't believe his eyes when he passed the Albanese home. "With the amount of money the village has spent to defeat this guy, he can still get a permit to knock the house down? I just don't understand it. Is anyone from the Albanese Corporation here? I don't even see Russell Matthews. They got what they wanted somehow ... I'm just very frustrated."

Village Attorney Gerard Fishberg explained two situations are taking place - one is the demolition of the property and the other is the expectation that something else is going to happen on that lot.

"Building a parking lot on that property is not an as of right use. There must be an application made to the Board of Appeals in order to do that and there's no guarantee an application would be granted," he explained.

"I don't know where Mr. Albanese is at this moment in terms of his plans but the process gives him the right to demolish homes. But that doesn't necessarily mean he will have the ability to accomplish what some may think he wants to accomplish in terms of putting in a parking lot."

After reading an article in a recent issue of the Garden City Life about the Department of Environmental Conservation's involvement in the St. Mary's demolition project, a Tenth Street resident inquired whether or not soil samples had been taken from the Eleventh Street property.

Filippon explained that that process was not necessary at 116 Eleventh Street and the reason why soil samples were taken from St. Mary's was because the village got word that the property may have been contaminated during the World War II era.

The Chascione family, previous owners of 116 Eleventh Street, sold the house to Mr. Albanese back in January 1990, leasing it on and off. The house, however, has been vacant for the last three years. When Albanese later offered it to the village and the village refused to buy it, he sued. According to village reports, the courts said that the current village board did not have to be bound by a policy set by a previous board - one board cannot tie the hands of a future board.

Albanese himself did sue the village, Matthews said, during two court cases - one in state court and the other in federal court. "In both cases, the judge stated this was a matter of discretion on the part of the board of trustees that in effect a village could change its mind," he said. "But that doesn't give them the right to do so arbitrarily."

The following statement by Russell G. Matthews, executive vice president of the Albanese Development Corporation, owners of 116 Eleventh Street, is clearly in favor of demolishing 116 Eleventh Street.

"For over 40 years it has been the stated policy of the Village of Garden City to protect the residential neighborhoods of our community from the business district through the creation of a park buffer strip that is preserved in perpetuity. As stated in a letter of March 17, 1999 from Fred J. Davis, former superintendent of the Building Department, to then Mayor Richard A. Benack:

All the boards of trustees that served with me in those years were committed to the Buffer Strip Plan. It was the clear understanding, as indicated in the minutes of several board meetings, that the village, as a policy, fully intended to expand Parking Field 10 when the properties in the plan became available. This was necessary to provide the additional parking required to support the development authorized by the revised zoning ordinance ... There is no doubt in my mind that Mr. Albanese was granted building permits to construct his two buildings on the west side of Franklin Avenue with the knowledge of the trustees that additional parking in Parking Field 10 was necessary and would be provided by the village when the homes designated in the Buffer Strip Plan were offered for purchase by the village ... The clear understanding was that the village had made a definite commitment to Mr. Albanese to complete the expansion of Parking Field 10.

"Garden City Center Associates - in furtherance of the village policy and the plan - purchased 116 Eleventh Street when it came up for sale in 1989 and subsequently offered it to the village ... There is no debate surrounding its future. It should become part of a green belt as envisioned by the village with the needed and planned for public parking adjacent to it. As property owners, the safe and responsible thing to do was to remove the house as contemplated under the village's own plan to create a park buffer strip and expand Field 10. The removal of the house should accelerate the completion of the parking field and the landscaping of the park buffer strip.

"The Planning Commission's parking study of October 2000 confirmed the obvious reality that the number of parking spaces in Field 10 remains severely short of what is needed and what the village code requires. They recommended the acquisition of 116 Eleventh Street by the village to expand Field 10 and create the accompanying park buffer strip. The Chamber of Commerce, the Business Planning Coalition, the Estates POA, the Eastern POA and the Western POA endorsed this recommendation.

"In March of this year, the trustees, by a vote of 5 to 3, voted to enter into negotiations to acquire 116 Eleventh Street for the purpose of expanding Field 10 and completing the 501 x 2,501 park buffer strip. The village obtained an appraisal in the amount of $700,000, and we agreed to a price of $650,000, contracts were prepared and submitted to the village. The benefited commercial property owners (including us) will pay for 90 percent of the costs, as provided by the plan. The village has not as yet followed through to complete the purchase.

"We find it reprehensible that the public good and the economic well-being of the village has been held hostage by a handful of conflicted individuals who oppose the village policy and the park buffer strip plan. They persist in distorting the truth to mislead the residents of the village. We take comfort in the fact that their pretense cannot withstand a review of the public record. If there is to be a debate, let it be over how we can best protect the quality of life throughout the Village of Garden City by providing a strong tax base supported by a vibrant business district that, in turn, protects the real estate values of this proud community.

"We are going to continue to urge the trustees to discharge their responsibility to implement the recommendations of the village's Planning Commission, which have been endorsed by three of the four Property Owner's Associations and the Chamber of Commerce. We are hopeful that they will do so in the near future in the interest of continuing the revitalization of the Franklin Avenue business district."

The following statement by John McKay, chairman of the subcommittee for Parking for the Central POA, is clearly against demolishing 116 Eleventh Street.

"On behalf of the CPOA's subcommittee on parking, we regret to hear the owner of 116 Eleventh Street, the Albanese organization, has chosen, during this Christmas season, to demolish this beautiful home without consideration to its neighbors and residents in the central section. We are equally concerned about the motivation of such a precipitous act, especially in light of the numerous attempts by the Albanese organization to have this village destroy this home and make it a parking lot.

"We ask the board of trustees to review and scrutinize this action. We further request that the board tread cautiously when requested to act on a future use of this property by the Albanese Corporation, the same acts that have been continuously denied to date. We respectfully suggest actions such as these never, ever be rewarded by the granting of the very permission previously denied ... I agree that one can demolish their own home but the zoning laws in this village seem not to be aimed at what happens after the demolition process is complete.

"Maybe we should review those to see that proper safeguards are in place ... When the expected future use is requested, I suggest you look long and hard at what's happened here.

"The Albanese organization has shown us its attitude of 'to hell with the process, it's my will that will be done and I shall make it happen.' That arrogance shouldn't be tolerated."