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February 14th, 2007
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Condemnation of Broadway Property Moves Forward
by Tiffany Elliott

At a recent Town of Oyster Bay Board meeting, the only "opposition" to condemning property at 103 Broadway in Massapequa was from a local man who said he wanted to buy it and maintain it as an automotive center, albeit a cleaned up version of what is there now. The Town has plans to turn it into a passive park for residents.

Robert Fieman, that resident, said he always dreamed of having his own auto repair business and that the site would be perfect. He handed the board a drawing of what he'd do with the property that has been termed an "eyesore," by the Town and other residents living in the area.

"This condemnation has been a ten-year process," Councilman Angelo Delligatti told Fieman. "It could have been cleaned up, maybe even by you, but it's past the point of no return at this time."

In fact, many area residents are looking forward to the revitalization.

"We strongly support any type of land and open space preservation. This area is indeed a gateway to our community and says much about us," said Phil Healy a resident and president of the Biltmore Shores Civic Association.

The 3,254-square foot property, owned by Russo- Gentile Realty Corporation, was the subject of a September 2005 hearing on condemnation to inform the public of the Town's intent to take over the property and transform it into a passive park. According to Town Supervisor John Venditto, other options were looked into before the Town decided to rezone the area last year, to make sure that a larger business did not move in.

The triangular shaped property sits at the intersection of Broadway and Hicksville Road, and currently houses an automotive center and a shack that was once an Italian ice stand. Neighbors have complained about the conditions on the site and told the Town they wanted something done to ensure that it reflected the image of the surrounding community. Venditto said he looks forward to making the area a park and "gateway" to the community, with restful benches and lush plantings that would help welcome people to the Massapequas.

An appraisal on the property was completed for the Town and it showed that the site is valued at $425,000.

Under law, should the town and the property owner fail to reach a negotiated settlement, the case will be headed to the courts and a judge will make the final determination as to how much the owner should be compensated. Generally, in those cases, the courts recognize that the property owner is being forced to sell his land and the judge takes that into account, awarding full or even higher than full value to the owner. However, it could take several years for the condemnation proceeding to be resolved, if a negotiated sale is not reached.

The Coalition for Landlords, Homeowners & Merchants, which is representing the owner, said the appraisal on the property did not represent a fair settlement.

"The fair market value would be nothing less than $750,000 and after we do our own appraisal, we will see the Town in court," said Paul Palmieri, president of the Coalition, who added that he doubted the Town intends to use the property for a park.

Venditto, who grew up a block away from the site, said that plans for the park have not been finalized but that the Town was reaching out to other levels of government and looking into the possibility of grants to offset the cost of the condemnation and construction of the park.

The board reserved final decision on the matter for two weeks, while the public record on the matter remains open.
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