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He’s among neighbors that have voiced opposition to the site over concerns, which include worries over property values and quality of life since Catholic Charities’ plans have surfaced. Catholic Charities claims a legal notice, providing municipalities 40 days to object to sites of the like, was sent to Mayor Vincent DeSantis on Oct. 8.
No such correspondence was received, however. That’s enough for the city to seek an injunction against Catholic Charities’ plan, according to Casale, who doesn’t want the operation to be at 117 1st Ave. He lives at 119 1st Ave.
“The point is that if [the notice] was not received, then the 40-day clock resets and the city has all of the responsive options available to it,” Casale said. “If the court makes a determination that something was received, but what was received fell short of what the law requires, then the same thing happens.” Casale initially took Catholic Charities to state Supreme Court in Fulton County over his objections to the group's plans.
Judge Rebecca Slezak ruled that such a lawsuit must be brought by a municipal entity as opposed to a private resident. The 1st Avenue resident subsequently notified the city about the situation on Nov. 14, resulting in DeSantis filing a formal objection.
There’s more to be done, Casale noted, calling the city’s objection “limited” in scope. Specifically, this would include filing an application for declaratory judgment and slapping Catholic Charities with a temporary restraining order in order to ensure that the 40-day process will be reset. “What's also clear is that the Catholic Charities is relying upon the limited responsive letters that the city issued last week and they're going to try to hold the city to that in court,” Casale said.
“The city is making a huge mistake by walking into court after that hearing is done without having sought an injunction first.” That’s a bridge too far for Democratic Councilwoman Elizabeth Batchelor, who represents 1st Street in Gloversville’s 3rd Ward. She believes that Casale is looking for a “pretty radical” solution.
“Vince, who's also a lawyer, is choosing to go a different way, and Tony has just riled up the citizenry,” Batchelor said. “It's become kind of crazy, I think.” Casale has publicly circulated his concerns on Facebook in recent days, leading more than 40 people to share his posts.
Republican Councilman-at Large Wayne Peters said that he’s forwarded a hoard of complaints on the matter to DeSantis since Saturday. Gloversville Supervisor and city Republican Committee Chairman Charles Potter understands the frustration, namely concerns over potential financial repercussions for the small city. “A lot of people that have nice houses in that area are paying a lot of taxes,” said Potter.
“Obviously if this occurred, that's another property off the tax rolls.” It’s not certain whether Catholic Charities has taken title to the property. Pending as of Nov.
12 was a deal between the entity and owner Leslie Smrtic, according to court documents. Catholic Charities currently has two residential community care facilities in Gloversville. Should its contract with Smrtic close, the nonprofit plans to relocate its 11-bed facility from 65 Washington St.
to 117 1st Ave., subject to regulatory compliance with surrounding government agencies. “Catholic Charities intends to duly satisfy all licensing and other requirements of the Mental Hygiene Law prior to commencing any use of the 117 First Avenue property as a community residential facility,” wrote Mary Carpenter, executive director of Catholic Charities of Fulton & Montgomery Counties, in court documents.
Carpenter added that the housing facility is already in full compliance with local zoning regulations. Under state law, any facility of the like serves as a “family unit,” the group says. Municipal objectors can provide alternative locations.
The city didn’t do this in their objection last week, but will ultimately pursue this option, according to Batchelor. Meanwhile, the city plans on hosting a town hall meeting at the Karpeles Museum on Thursday in an effort to cool down the temperature on the issue. The event is set for 5:30 p.
m. at 66 Kingsboro Ave. Batchelor said that a separate public hearing will eventually occur, as allowed under state law.
“There is no talk of dates, as far as I'm aware and I would know that,” Batchelor said. “We will have one, but there is no date at this point.” Neither DeSantis nor Carpenter returned a phone call request for comment.
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