Restrictions on St. Paul’s Property and History of Restrictions

What are the restrictions on the St. Paul’s property and why do we have them? What do people mean when they talk about “Permitted Uses”?

Based on the Parkland designation of the St. Paul’s Property, the following uses are NOT PERMITTED for the St. Paul’s Property: APARTMENTS/CO-OPS; ASSISTED LIVING FACILITY; COMMERCIAL RENTAL SPACE; HOTEL; HOUSING; MEDICAL FACILITY; PRIVATE USE; BUSINESSES; SHARED RESPONSIBILITY; SCHOOLS. 

“Permitted Parkland Uses” for properties designated as Parkland are not defined by statute but have been developed over time by court decisions. The court developed approach to appropriate Parkland uses focuses on recreation and accompanying uses that enhance the enjoyment of recreational use.

Village Counsel has advised that “Permitted Parkland Uses” include: SPORTS AND RECREATIONAL FACILITIES, COMMUNITY EVENT AND MEETING SPACE, ROOMS FOR MUSIC, DANCE AND ART PROGRAMS, A THEATER, AND ASSOCIATED CONCESSIONS AND OFFICES.

Village Counsel cautions that any proposed use would need to be evaluated for its validity as a park purpose.

Understanding the restriction on uses of the St. Paul’s Main Building

The Village of Garden City has owned the 50-acre St. Paul’s campus, including all structures, since 1992. The property was acquired in a negotiated condemnation proceeding.

An early proposed use of the remaining ten acres surrounding the building was to convert the principal building into an assisted senior care facility. That private use was contested in a lawsuit brought by Village residents in 1998 (Kenny v Board of Trustees of Incorporated Village of Garden City). The Village argued that this didn’t result in a park designation. The court found “although the instruments of conveyance do not contain … restrictive language … the property was utilized for recreational purposes” and therefore “was impressed with a public trust” and that “a privately owned assisted living facility for seniors was inconsistent with the public purposes for which the property was acquired” and a “public trust” was created. The court concluded that the proposed use was for a private, profit-making purpose, not for “public or recreational use” and accordingly was prohibited without prior legislative approval. That lower court decision was upheld by the Appellate Division in 2002. Legislative approval was never granted, though discussions took place with at least one state representative. The company proposing the Senior Assisted Living facility, Care Matrix, entered bankruptcy six months thereafter.

The Board of Trustees subsequently designated the St. Paul’s property “Parkland” in 2005 to ensure the protection and preservation of the St. Paul’s Campus for future Village residents. The Parkland designation restricts potential uses of the buildings, as detailed above.

Non-Parkland use of the St. Paul’s buildings and campus requires NYS legislative approval after a Home Rule request by the Village Board AND likely would require the acquisition of new, additional parkland to replenish the parkland lost to Non-Parkland use.