Canton village withdraws property sale

CANTON — The village Board of Trustees changed its mind Tuesday and will not put up for sale a right-of-way that is the battleground between two neighbors.

Mayor David P. Curry had suggested the village sell as unneeded property a 60-by-30-foot piece of unpaved ground at the end of Ike Noble Drive as a way of bypassing a long-simmering dispute between Howe Reale, owner of Canton Townhouses, which are the only buildings on the dead-end street, and Donald J. Tracy, the owner of six acres that starts where the village’s property ends. At its meeting in January, the board agreed with Mr. Curry.

Mr. Tracy maintains the right-of-way, which is the only access to his land, is an unimproved part of the street and has the deed from 1968 that describes its use for highway purposes.

Even if the village wanted to sell the property, it does not meet a minimum lot size.

“I’m going to rescind the authorization to advertise the sale,” Trustee Mary Ann Ashley said. “I just don’t feel I was properly informed.”

Trustee Sylvia M. Kingston agreed.

“I’ll second that so we can continue discussion with more information from all parties,” she said.

Mr. Tracy had his victory but faces other problems, including with his neighbors.

Several of them complained that Mr. Tracy’s tree-cutting operation has the appearance of a war zone.

“It looks like a bomb went off there,” said Robert Liggio, Fairlane Drive, which borders the property. “I’d like a time frame when it’s going to be cleaned up. Every tree that was in there is gone.”

Mr. Tracy was at the meeting but did not comment.

Howe Reale manager Gregory W. Howe suggested the board have a public hearing so that other neighbors can weigh in.

Village residents who have gripes about any situation are asked to file a written complaint through the village clerk’s office, village Superintendent Brien E. Hallahan said.

Mr. Howe questioned Mr. Tracy’s right to gain access to his property through Ike Noble Drive and wanted the village to review its code to determine if Mr. Tracy created a nuisance that devalued the property of others. The removal of the trees has directed water into a pool at the end of Ike Noble Drive and some of his townhouse parking.

He questioned whether a building permit Mr. Tracy has requested for a garage would be valid. Mr. Tracy’s property of several parcels is zoned both R-2, which allows multiple family units, and R-1, which is reserved for single family homes.