Yes. Protecting all of the existing functions of the garden as a community green space can be broken up into two categories; protections that run with the governing entity (ESG) and protections that run with the land.

1) Protections that run with the governing body: The action of transferring the land to ESG provides significant protection on its own since ESG’s sole purpose as a NYS 501c3 nonprofit is to operate and protect the space as a community garden. In addition to this protection, ESG could codify basic structures such as public access and stewardship responsibilities into the Bylaws that govern the nonprofit.

2) Protections that run with the land: Mechanisms like Land Disposition Agreements, Deed Restriction, and Conservation Easements can be put into place to further ensure the garden is always operating as a community garden for the public and that the land could never be sold, developed on, or made private. (See page 6 of the ESG CLT Report for more info)

• ESG already performs all of the functions of a Land Trust, the last step is to transfer the ownership of the land to ESG.

• ESG is a volunteer-based nonprofit organization made up of neighborhood and city-wide volunteers.

• ESG would then operate as a single-site land trust, with the possibility of a larger multi-site land trust organization entrusted with monitoring and enforcing the specific open space restrictions contained in a conservation easement.

Yes. Along with seeking new board members from local organizations, ESG could add ex officio board members from public offices and Municipal bodies of government such as City Council and the local Community Board.

Saving the Garden as a Conservation Land Trust ensures that all of the unique qualities of the garden such as the sculptures and community governance remain as they are while saving Parks Department funds that would otherwise be spent on maintenance, staffing, and programs. That means that over 20,000 square feet of green space and sculpture can be maintained and hundreds of free public programs can be offered all at no cost to the City. Parks Department could then save much needed funds for increasing Park quality and accessibility all across the district and the City.

• The Garden is a unique place that requires a unique model. ESG is not just providing generic public open space, but seeking to preserve an elevated quality of green space along with the spirit of the garden for everyone. Many of unique qualities such as the garden sculpture and community governance could be lost under Parks department.

• Under Parks Department, the garden would be overseen by the agency and subject to the shifting priorities of future Parks Commissioners and Mayors. Many members of the community are very concerned about the current issues involving East River Park, Fort Greene Park, Wagner Park, and the Greenthumb Licensing restrictions all under Parks Department.

• Would Parks Department be responsible for funding upkeep of the statuary and grounds, staffing, programming, and future projects? Continuing to operate the garden independently could save Parks Department funds for other green space initiatives across the district and the five boroughs, increasing park equity for all.

ESG currently raises funds through donations, grants, and garden rentals. Approximately 75% of ESGs budget goes to legal fees. That 75% could be used for expanding operating hours and accessibility, building new components such as a greenhouse and composting station. A CLT would require no City funding in order to maintain the Garden’s physical upkeep, hundreds of free public programs, staffing, and future plans.

The Conservation Land Trust plan gives the public a beacon of hope by showing that it is possible to preserve the garden and that there is a well thought out model to do so at no cost to the City whatsoever.