Village Board Provides Facts and Information Regarding the Pole Issue Along the Third Track

June 24, 2020: This statement is provided by the Third Track Committee of the Board of Trustees of the Village of Garden City on behalf of the Board of Trustees. The Board and the Committee completely understand that many residents do not like the poles (or the Third Track project) and object to their placement, height and visual effect. We hear and understand the concerns of our Garden City residents as they are, along with us, committed to preserving the beauty of our Village. We also wish that the poles were not there and had pushed all along for the MTA/LIRR to bury lines where it could. The MTA/LIRR and its contractors did not meet those wishes and requests.

On April 8, 2020, the Village's Third Track Committee of the Board of Trustees sent a letter to the MTA/LIRR raising several grievances with respect to how the project had been progressing within the Village. We refer you to the letter which appears on the Village website.

In the letter, the Village raised concerns over many project-related issues, including the fact that it "was never asked or consulted with respect to the placement of the 4-5 metal 120-foot high utility poles between the bridge at Nassau Boulevard and Weyford Terrace" and its understanding based on prior MTA/LIRR representations that "all poles west of Nassau Boulevard to New Hyde Park Road would be on the north side of the Main Line." The Village asserted that "[t]he installation of these poles is in direct conflict with prior discussions with us and the EIS for the Third Track Project." In the opinion of our counsel, Beveridge and Diamond, the letter stridently asserted the Village's rights.

This statement is not intended to be a complete summary of all facts or legal issues. The Village has retained legal counsel, a well-established and very experienced law firm, Beveridge and Diamond, to assist it with reviewing its options with respect to the placement of the tall utility poles along the Third Track. If the Board determines to pursue legal action, it would need to protect possible legal arguments and advice that it receives, and therefore we will not discuss many matters in public. We have decided however, to address certain matters and provide some facts that are relevant to the discussion.

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Third Track Committee on behalf of the Board of Trustees