Cracking Down on Commuter Vans: Law Aims to Better Regulate Growing Industry

By Eric Yun

Many residents searching for transportation options in areas underserved by the MTA have found commuter vans ready to fill the void. Most of the vans, however, are run illegally.

Councilwoman Elizabeth Crowley (D-Middle Village) introduced legislation at last Thursday’s City Council meeting in an at- tempt to curb the illegal vans. The bill requires the Taxi and Limousine Commission (TLC) to train the NYPD on the laws about commuter vans and how to properly identify illegal vans. It will also create a “digest of laws” so police understand the licenses, signage, and other materials a licensed and legal commuter van must have.

With MTA service being cut throughout the city, commuter vans are becoming an important part of transportation services.

Mayor Bloomberg recently announced a pilot program that would allow commuter vans to operate on some of the bus routes that were discontinued by the MTA.

But in an overly entrepreneurial spirit, illegal van operators have overtaken the routes of licensed vans. There are approximately 300 legal vans that operate throughout the city. It is unknown how many hundreds operate illegally.

Crowley was joined by Council Members Karen Koslowitz and Dan Halloran at a press conference last Thursday to announce the news to the community. The event was held in Maspeth, which is one neighborhood that has been hit particularly hard by this issue.

“This is first and foremost a public safety issue,” said Crowley. “Illegal and unlicensed commuter vans are operating off the radar of the TLC and the NYPD; they’re not being inspected for safety and they’re not being held accountable. If illegal commuter vans want to continue to operate in this city, they have to abide by the law or else face the consequences. This new bill will strengthen the laws against illegal commuter vans and enforce licensed, regulated, accountable and safer van services.”

“Requiring the Taxi and Limousine Com- mission to train the NYPD to identify the difference between legal and illegal commuter vans is a common sense safety measure that I strongly support,” said Koslowitz (D-Forest Hills), “Commuter vans provide a needed service and we in the council need to make sure that they are safe, legal, and reliable.”

There appears to be bipartisan support for Crowley’s legislation. Halloran (R-Whitestone) was at the press conference pledging his support. “We encourage competition but the competition has to be on a level playing field,” Halloran said.

Roe Daraio, president of Communities of Maspeth & Elmhurst Together (COMET), said the legislation is a “good start” to curb the problem. She noted illegal vans were picking up passengers even as Crowley was holding the press conference. The civic group has long called for better enforcement of commuter vans, which are also a major problem in Elmhurst.

Daraio questioned the need for commuter vans at all in her neighborhood. “We don’t need them here,” she said. One of the biggest concerns for COMET members is reducing traffic in their already congested neighborhoods. “On Grand Avenue alone, there are 500 trucks,” Daraio said. “Getting rid of illegal vans will help alleviate some of the traffic problems.”

Three Nabbed on Attempted Theft

Three individuals from Elmhurst were arrested in Maspeth on Tuesday afternoon after a resident spotted them in the rear yard of a neighbor who was at work. Police say the suspects were attempting to steal an all-terrain vehicle.

Officers responded to a home at 73-23 53rd Avenue at about 3 p.m. and arrested Gabriel Mercedes, 19, of Lamont Avenue in Elmhurst, Demetrio Rivera, 21, of Ithaca Avenue in Elmhurst and a 16-year-old from Elmhurst, who police declined to name, according to the 104th Precinct.

Police determined the three were attempting to steal a quad from the yard, and charged them with criminal trespass and petit larceny., the civic group Communities of Maspeth and Elmhurst Together are warning residents to keep their eyes open for suspicious behavior in the area. While the suspects are not believed to have attempted to break into the home, there have been number of burglaries in the neighborhood in recent months.

Precinct Battles Burglary Spike

By Conor Greene

Residential burglaries are up throughout the precinct, including a huge spike over the past month - in part due to an apparent pattern in Maspeth.

The 104th Precinct has seen a 40 percent rise in home break-ins during the past 28-day period and an increase from 71 to 77 for the year to date, Captain Ray DeWitt reported at Monday’s COMET civic meeting.

There was good news in other major crimes last month, including decreases in robberies, assaults, grand larceny and auto thefts, according to DeWitt. However, burglaries con- tinue to be a problem through the precinct’s confines, and a pattern has been established by the NYPD in northern Maspeth.

“It’s throughout the precinct, all over and not confined to one neighborhood,” said Officer Tommy Bell of the precinct’s Community Affairs Unit. “But there is a pattern in the Maspeth area. They’re all so close to 73rd Street. We believe one person may be responsible for all those.”

There was one burglary between 7 a.m. and 3:30 p.m. on February 23 near 53rd Avenue and 73rd Street, when a number of items were taken, including jewelry and bags. The same afternoon, there was an unsuccessful attempt on the same block when a homeowner found a Hispanic man trying to pry his way into her home through a rear window.

There was also an assault during attempted burglary at 57th Road and 71st Street on the afternoon of February 20. The resident was home at the time and was punched in the face by the would-be thief. Civic member Mike Harte noted that it took police over an hour to respond to that incident, even though it was a crime in progress and the perp fled.

Officer Bell said the call was dispatched to the precinct as a past incident, meaning it wasn’t prioritized correctly. “The [investigation] process started when the officers got there, but obviously they should have gotten there sooner,” he said.

Many of the burglaries have taken place during daytime hours when the homeowner is at work, cautioned police. Other recent Maspeth incidents include:

February 23, a perp broke into a house near 67th Street and 51st Road after breaking a rear window.

Tools and copper were stolen from a construction site near 69th Place and 52nd Street during the daytime on February 19.

There has also been a recent string of break- ins in West Maspeth between Maurice and Grand Avenues:

A house near 59th Avenue and 57th Road was entered through a rear window between February 19 and 23rd, with unknown items taken.

No items were reported stolen after a perp entered a residence near 56th Drive and 61st Street between 5 p.m. and 8:30 a.m.
on February 20-21.

And on February 20 at about 7:20 p.m., a tenant heard glass breaking from an adjacent vacant apartment near 58th Street and 57th Place in West Maspeth. The tenant heard glass breaking and saw two men jump from a front window.

While the precinct’s northern area has been hit especially hard lately, police say other areas of Ridgewood, Middle Village and Glendale haven’t been spared. The 104’s burglary stats took a huge hit last week, with nine on Monday and Tuesday alone, said Captain DeWitt. Of those, five were in Maspeth. There have been 19 burglaries overall in the past two weeks.

Areas hit in other neighborhoods include a break-in along the 500 block of Seneca Avenue, where a front door was pried open; a daytime burglary on 84th Place near 64th Road; and a burglary on Harman Street near Woodward Avenue while the resident was out for the evening.

Maspeth House of Horrors Terrorizes Neighbors

By Conor Greene

Residents of a quiet residential block in Maspeth have been terrorized for several years by an emotionally disturbed man who they say regularly harasses neighbors and has turned his home into a crack house.

While residents of 66th Street will have some temporary relief after the individual, Hani Nasser, was recently jailed on assault charges, they worry about the condition of his house at 52-45 66th Street, which is unsecured and could attract squatters and junkies.

“It’s been a non-stop nightmare,” said one longtime resident of the block who asked to remain anonymous. “He has basically turned this into a crack house” that attracts underage teenagers at all hours of the night, the resident added.

Despite appeals to the 104th Precinct, Community Board 5 and local elected officials and civic groups, the problems have continued. “Half the time they don’t even show,” the resident said of the precinct. “They treat it like it’s a joke… There is not another single problem on this block,” which is home to several dozen children, he said. “The people living on both sides are terrorized. He gets confrontational and targets the neighbors.”

Civic leader Roe Daraio, president of Communities of Maspeth and Elmhurst Together, has been working with 66th Street residents in hopes of forcing the city to take action. “It’s not really progress, but the guy is in jail right now,” she said. Adjacent residents were affected when a pipe in the house burst last year and are concerned that the house will be left to deteriorate, added Daraio.

Neighbors have informed Daraio that Nasser, 25, is enrolled in an out-patient drug treatment program at Elmhurst Hospital Center and blew up a garage behind the home while getting high several years ago. “He gets confrontational with neighbors, invites teens over there, and meanwhile the house has gone into serious decay,” said Daraio, echoing the laundry list of complaints she has heard from neighbors. “He’s in jail now, but that’s not solving the problem. For six months, they’ll be fine, but it’s a Band-Aid effect.”

Daraio has reached out to local elected officials for assistance, but thinks the city needs to go after Nasser for failing to maintain the home. “Maybe if the family starts getting violations, they’ll start paying more attention,” she said, adding that Nasser lives there alone and is supported by his relatives. “To give him free reign of a private house, I don’t think is the smartest thing. It’s become the neighbor’s problem, and it shouldn’t be that way. It’s a quiet block, and everyone is friendly with one another.”

Residents agree that the city needs to step up and secure the house so that it doesn’t pose a danger to local children or cause damage to adjacent properties. “The city has to condemn that house – that’s the bottom line,” the longtime resident said, adding that he fears a physical confrontation will eventually occur. “Somebody is going to get hurt. It’s been ratcheting up since the summer.”

A visit to the empty house this week showed how the situation could become inviting to squatters and drug users. The front windows were wide open, and the unfurnished living room was strewn with trash. Neighbors worry that teenagers who used to hang out with Nasser will continue to use the house to get high while he is incarcerated.

An officer from the 104th Precinct’s Community Affairs Unit confirmed that Nasser was recently locked up, but said he was unaware of ongoing issues with neighbors. According to the Queens District Attorney’s Office, Nasser is currently being held on $2,500 bail after being charged along with three other men in an October assault outside the house.

Push for Upgrades Along Rail Corridors Gains Steam

By Conor Greene

An effort to increase the quality of life for residents living along rail corridors is gaining momentum, as civic associations from throughout the area are banding together to address the issue.

Neighbors Mary Parisen and Mary Arnold recently devised a plan entitled Glendale Clean and Green, which aims to address issues relating to the railroad yards and corridors that cut through the area. After presenting their plan to Community Board 5, the women found that other nearby communities are suffering the same types of problems.

To address these issues, which range from emissions coming from idling locomotives, along to noise and safety concerns, a group called Civics United for Railroad Solutions (CURES) was recently formed. It includes various civic groups such as Citizens for a Better Ridgewood, Glendale Property Owners Association, Communities of Maspeth and Elmhurst Together, the Juniper Park Civic Association, Maspeth West End Block Association and Citizens for a Better Ridgewood.

After getting word of the effort out to the public, residents from Glendale and surrounding neighborhoods such as Middle Village began contacting the women to get involved, Parisen reported at last week’s Community Board 5 meeting. “They’re facing the same problems we’re facing in Glendale,” she said, noting that a petition effort is underway to pressure elected officials to taking action.

Arnold said that while there are a host of problems related to rail operations, the main focus continues to be on lowering the harmful emissions that spew from the locomotives. “That’s what all of us are breathing when you have diesel engines idling outside your house,” she said, adding that federal grant money is currently available to pay for the conversion of diesel engines. “It’s hard times, but we’re all breathing this air and it’s a problem,” she said.

Middle Village resident Laura Zimmer, who also lives along the rail corridor, said the problem has gotten much worse in recent years. Locomotives now idle in her residential area for as much as two hours at a time, preventing residents from enjoying backyards or hanging laundry outside. “It’s really disturbing... We’re all suf- fering from this,” she said.

Board District Manager Gary Giordano later credited Parisen and Arnold for doing a “yeoman’s job to bring all this to the attention of the elected officials” and said support on the federal level “will be very important.” He is hopeful officials “can come up with an avenue for fund- ing very quickly” to help alleviate the problems.

With state federal funding in mind, CURES recently sent a letter to officials regarding the MTA’s 2010-2014 capital budget and the state Department of Transportation’s 2010-2015 capital budget. The letter asks the agencies “to effect planning, infrastructure, and equipment upgrades in Queens that will better protect the public health and safety and quality of life in communities that presently are bearing serious environmental burdens.”

The letter argues that the “contract between the LIRR’s gleaming double decker passenger rail cars that pass through our neighborhoods and the degraded condition of the LIRR rail corridor, the rail yards, and the freight transportation in our neighborhoods make it crystal clear that our neighborhoods have been neglected and dumped on for too long.” To remedy this, the group wants “state and federal oversight and money coming in here now to upgrade the freight transportation system and environment in Queens.”

The issues CURES seeks to remedy include “unnecessarily high levels of diesel emissions due to old equipment, idling, lack of traffic capacity and lack of ‘last mile’ access,” exposure of residential areas to waste that is being stored in and transported in open cars instead of sealed intermodal containers, open access for vandals to the LIRR rail corridor in an area that includes hazardous chemicals and the Buckeye Pipeline, and storage and transportation of petroleum gas and other hazardous chemicals, which has led to two emergency evacuations of homes in the past three years.

Regarding the problem described by Zimmer, Giordano said he has had a “much more difficult relationship” with New York and Atlantic Railroad than most of the other agencies he deals with. Trains had been parked outside Christ the King High School until the school sued in federal court. Giordano recently contacted the agency to see about having idling trains moved from the residential area near 69th Place, to no avail. “All I wanted them to do was move the switching operation maybe 200 yards south,” he said.

As long as these issues continue to detract from the health and safety of local residents, Parisen vowed that CURES would push for solutions. “You are going to be hearing a lot more about this organization,” she promised.

Precinct Continues Battle Against Burglaries

Traffic Woes, Homeless Camp Among Issues Discussed

By Conor Greene

An effort to combat a rash of burglaries, on- going traffic issues, problems with a homeless encampment in Maspeth and unruly tow truck operations along Flushing Avenue were hot topics at this month’s COP 104 meeting.

Overall, major crime is down seven percent so far this year and down six percent over the past month, Captain Ray DeWitt told residents at the October 21 meeting in Maspeth Town Hall. Among the seven index crimes, robbery is down 13 percent, assault down 11 percent and grand larceny auto 17 percent, he reported.

However, burglaries continue at a steady pace within the precinct’s confines, up eight percent so far this year. There were “some nice arrests” recently, as the precinct has been assisted by the borough’s command’s anti-burglary unit in hotspots. The 104 has “created a mini task force” to address burglaries, which the captain said are taking place “all over the precinct.”

The task force consists of plainclothes officers working with the neighboring 83rd Precinct, investigating leads through pawn shops and checking into whether known prior offenders are responsible for any active patterns. Captain Ray DeWitt reported that two individuals were arrested and linked to a dozen apartment break-ins. Some progress has been made against burglaries, which are down over 34 percent over the past 28 days, a total of 14 less break-ins. “We feel we’re headed in the right direction with burglaries and are focusing on that,” said DeWitt.

Coinciding with the recent progress against burglaries, all felony arrests are up 14 percent this year, and 54 percent over the past month. “A lot of that has to do with the burglary arrests,” said DeWitt. “Our arrest activity has been very high.” He noted that arresting officers are often plainclothes and hard to spot.

The precinct also scored a major graffiti arrest against a vandal with a known tag seen in precincts throughout the borough. The man was hit with 18 counts for incidents “all over the command,” said DeWitt, who noted that graffiti arrests in the precinct are up substantially this year and are near the top among precincts.

The captain was questioned about the precinct’s efforts to reign in reckless motorists and protect pedestrians by residents including civic leaders Robert Holden of the JuniperPark Civic Association and Roe Daraio of Communities of Maspeth and Elmhurst Together. DeWitt said traffic accidents are down 15 percent, with officers specifically targeting seat belt and cell phone violations. “We feel our summons activity, which is significant, has led to the decrease in accidents,” he said.

Still, Daraio complained about conditions along Grand Avenue, which she called a “circus” with cars turning into pedestrians trying to cross with the light. Holden said that speeding continues to be a “sore point” with “not enough [speeding tickets] issued... in this precinct.” After some pressing, DeWitt said the 104 has three officers trained to use the radar gun. “We’ve seen numbers [of speeding tickets issued] that are very low - like two,” said Holden. “That’s unacceptable and we need to start addressing that.”

Another resident requested enforcement along Juniper Boulevard North, especially during rush hour with residents cutting to Woodhaven Boulevard. “I’m not talking 40 [miles per hour] in a 30 - I’m talking about 50, 60,” he said, adding the area has a lot of pedestrians due to the park. DeWitt said he will look into devising a plan to cut back on speeding in that area of Middle Village.

Maspeth residents reported ongoing issues with homeless men setting up camp in Cowbird Triangle, a small greenspace alongside the Long Island Expressway at Hamilton Place. The public recently informed the precinct of the problem at prior meetings, and a beat officer made one arrest and issued a number of summonses since, according to Community Affairs Officer Tommy Bell.

“We know they’re over there, but they have to be doing something” illegal to be removed from the area, he explained. “Everyone has civic liberties so if they’re not breaking the law our hands are tied.” He added that the men often refuse city services they are rou- tinely offered and can’t be forced off the streets until the weather turns dangerously cold. While a resident complained that the officers just issue tickets, Bell said that is helpful in the long run because they can be arrested on warrants if they don’t pay the fine.

Daraio said people are making the situation worse by giving the men money along Grand Avenue. “They’re better off convincing them to go to a shelter instead of giving them money so they can go get drunk in the park. That’s not solving anything,” she said.

There are also problems along Grand Avenue, including homeless men hanging out at the Hamilton Avenue bus stop, which is used by local children. Daraio informed the officers of a situation involving men sleeping in a boat in the backyard of a nearby home and suggested that the city Department of Buildings investigate. “The boat issue is something we have to look into and research a little more... to see who we need to work with” to deal with the problem, said DeWitt.

The JPCA recently highlighted a problem with tow truck businesses along Flushing Avenue leaving sidewalks impassable because of cars parked everywhere. The problem was the topic of an NY1 television report last month, but has continued, said residents. Holden said that in addition to cars parked on sidewalks, tow trucks are doubled parked without license plates.

“This guy saw himself on NY1 and doesn’t care,” said Holden, adding that efforts to turn to Mayor Bloomberg for assistance have been unsuccessful. “These guys are using city streets, which is illegal. This area needs to be cleaned up - it’s not fair to the residents and it shouldn’t go on for another month.”

Another resident said similar problems are taking place along parts of Grand Avenue. Officer Bell said the precinct has conducted operations in the past to target tow operations and auto body shops that are operating illegally. “We spoke to everyone along Grand Avenue and they all say it is not their car,” he said.

Board Concerned Over Restaurant Depot Demolition

City Prepares to Move Forward with Maspeth School Project

By Conor Greene

Members of the local community board are concerned about the imminent demolition of the former Restaurant Depot building due to the presence of toxic materials found on the 74th Street property, where the city plans to build a new 1,100-seat high school.

At last week’s Community Board 5 meeting Chairman Vincent Arcuri noted that the building, located at 74th Street and 57th Avenue in Maspeth, appeared on that month’s list of buildings to be demolished in the near future. Due to the level of toxins, including carcinogens, found on the site, the board sent a letter to city School Construction Authority President Sharon Greenberger to ensure proper precautions will be taken to avoid any risks to the community.

“Considering the contamination found at this planned Maspeth High School site previously, it is critical that maximum protection against contaminants escaping into the environment be employed during demolition, excavation and removal of the existing building, the foundation, the footings and the soil,” wrote Arcuri, who also requested a meeting with the construction company hired by the city and SCA officials “responsible for oversight of this controversial project.”

Earlier this year, CB 5 members voted against the city’s proposal to build an $80 million high school on the 54,000-square-foot property adjacent to the Long Island Expressway. Despite objections from Councilwoman Elizabeth Crowley (D-Middle Village), the City Council voted 38 to 10 in April to approve the Department of Education’s plan. In May, the city purchased the property for $16,250,000, according to public records.

Arcuri told his fellow board members and the audience at Christ the King High School that he is “a little concerned” due to the presence of toxins on the site. “Not knowing anything about the contaminants, we’re bringing that question back up,” he said of the board’s letter to the SCA.

In response, a city DOE spokesman told the Forum that no exact demolition date has been set, but it’s expected to take place “within the next few weeks.” The spokesman said the site is safe for construction and that safety precautions will be taken to ensure the safety of the property’s neighbors and future occupants.

“As to the concerns raised by CB5 in regards to toxins found at the site, it's important that I express as unequivocally as possible that this site is absolutely safe for the construction of a new school building. Like all urban soil, the soil at the Restaurant Depot site does contain some mild contaminants,” said DOE spokesman Will Havemann.

Approximately ten feet of dirty soil will be removed from across the site before construction begins. In addition, building will be equipped with a “barrier system to ensure that no soil contaminants can ever enter the building,” said Havemann. “These controls far exceed the standards observed by private developers, and are precautionary measures taken to make double-sure the school building will be a safe and excellent place to learn.”

Earlier this summer, former City Councilman Thomas Ognibene filed a lawsuit on behalf of the Juniper Park Civic Association and Communities of Maspeth and Elmhurst Together claiming that the SCA withheld information about high levels of toxic substances on the property.

Civic: Future School Site is Now Dumping Ground

By Conor Greene

A local civic association is ripping the city for allowing the former Restaurant Depot property to turn into a weed-and-trash-covered eyesore that has become a dumping ground since the property was purchased several months ago for a high school.

The Juniper Park Civic Association, which fought against the city’s plan to build an 1,100-seat high school at the corner of 74th Street and 57th Avenue, released photos this week showing that the property has been overtaken by weeds, litter, debris and larger items including household furniture and building materials.

“New York City would summons property owners who kept their property in such condition. We’ll see if the Sanitation Department issues a summons to the School Construction Authority,” said JPCA President Robert Holden. The civic association filed a 311 complaint with both the Sanitation Department and the Buildings Department due to the “horrendous condition” of the site.

The problem has left local residents frustrated with the lack of accountability from the SCA, especially among those in the neighborhood who oppose the high school plan. “This is government at its worst. The School Construction Authority is an agency out of control and not answerable to the people,” said Manny Caruana, who lives several blocks from the property.

In response, a Department of Education spokesman said the debris that has accumulated at the site “was dumped illegally by passers-by” and was not placed there by the SCA “This week is the first full week we’ve had a contractor at the site, and, though we didn’t create this mess, we cleaned it up on Monday,” said William Havemann. “Now that we have a permanent presence at the site, we will ensure it remains clean and litter-free.”

The city initially suggested that if necessary, it would use its powers of eminent domain to acquire the 54,000-square-foot former Restaurant Depot property. In May, it agreed to pay $16,250,000 to owner Lucky Star Elmhurst, LLC, according to documents filed with the state. The property had been listed online for $15 million, and the DOE refused to explain the difference between the list price and the higher final sale price.

Despite opposition from local residents, civic groups, Community Board 5 and Councilwoman Elizabeth Crowley (D-Middle Village), the City Council voted 38 to 10 in April to approve the DOE’s plan for the 1,100-seat, $80 million facility. Last month, former City Councilman Thomas Ognibene filed a lawsuit on behalf of the JPCA and Communities of Maspeth and Elmhurst Together claiming that the SCA withheld information about high levels of toxic substances on the property.

“It is a disgrace that the city is allowing this already toxic site to become a monstrous eyesore for the community,” said Ognibene. He recently said in an interview with the Forum that Crowley, who voted against the school but wasn’t able to convince enough of her colleagues to do the same, “got drowned out at City Hall.”

The city Department of Buildings doesn’t have any records of complaints filed at the Restaurant Depot property, according to a spokeswoman. The Sanitation Department received 311 complaints regarding that address, and a “failure to store receptacle” summons was issued. While no illegal dumping conditions were found at the site, DSNY will continue to monitor the site, said a spokesman.

City Nixes Contract for Elmhurst Homeless Shelter

Residents Still Weary of 58th Ave Site’s Future

By Conor Greene

Plans for a homeless shelter in Elmhurst have been halted after the city terminated its agreement with the organization seeking to run the facility out of a 58th Avenue building, but residents’ relief might be short lived, as the future of the property is still unclear.

The city Human Resource Administration cancelled its Memorandum of Understanding with Queens Alliance “to protect the confidentiality of our clients,” according to department spokeswoman Barbara Brancaccio. Queens Alliance had planned to open a homeless shelter for 29 individuals at 86-18 58th Avenue, despite huge uproar from neighbors who say that type of facility isn’t appropriate for the residential block.

While Brancaccio refused to say how the Queens Alliance breached their potential client’s confidentiality, literature distributed by the organization to the public stated that while the location wouldn’t serve as an HIV/AIDS treatment center, “only HIV/AIDS positive individuals who are asymptomatic may be referred to this facility.”

Brancaccio said the termination of the Memorandum of Understanding ends the city’s involvement in the 58th Avenue location for now. However, Queens Alliance – which has no track record running these types of facilities – is free to submit another application to the city to open a shelter on 58th Avenue, where they have a 10 year lease with the building owner.

Residents, who held a large rally in front of the building several weeks ago, said they are glad that the agreement with Queens Alliance has been terminated, but are still concerned over the future of the building. “That’s one of our biggest issues right now,” said Roe Daraio, president of Communities of Maspeth and Elmhurst Together, which helped organized the protest. “I told them [nearby residents] to celebrate the victory, we won the battle but we haven’t won the war. Until they come up with a permanent solution for this, the war won’t be won.”

Daraio said residents are submitting a petition to the HRA and the mayor’s office in hopes the city will help broker an acceptable compromise with the building owner over its future use. She noted that the block already has one group home, which the residents have not complained about. “I commend them for never complaining about the place across the street, even though it has caused some problems, but two would break the camel’s back.”

Representatives for Councilwoman Melinda Katz, who represents the area, did not return a phone call seeking comment on the situation, nor did Richard Italiano, district manager of Community Board 4.

Yolanda Martin-Garibaldi, vice-president of Queens Alliance, didn’t return an e-mail message, and the phone at the 58th Avenue building, which is listed on literature as the organization’s address, was not answered.

Resident Linda Lam, who also helped organize the residents, said the termination of the contract shows that Queens Alliance “is not qualified” and “doesn’t understand the most basic rights and confidentiality of clients.” She said the residents will be “absolutely up in arms” if another proposal is made for a shelter at that location.

“If another qualified agency is doing that, it is still the same end result for us so the comfort level is not going to be dramatically improved,” said Lam. “We know from the other shelters how it affects the neighborhood. The last thing we want to see is my neighbors selling their houses.” She reiterated that the objections are due to the location in the middle of a residential block. “The intention is good to house the homeless, we’re all for it, but the location is very poor. They should pick a commercial or industrial strip where you don’t have so many young children around.”

Editor's Note: This version has been corrected as the original article incorrectly attributed information to the HRA spokeswoman regarding Queens Alliance's future involvement in the site.

Development Firm Eyes St. John's Hospital Property

Wants to Acquire Site for Medical, Retail, Educational Uses

By Conor Greene

Executives from a Manhattan-based development firm held an informal meeting last week with Community Board 4 members to present their vision for the future of the St. John’s Hospital property on Queens Boulevard, which is set to be sold at auction next month.

Dan Panitz and Justin Green of HaysVentures, LLC, a real estate firm specializing in commercial and retail real estate sales, investment, and development, met last Thursday in the CB 4 offices to unveil a plan for the property that features a combination of medical services, retail space and educational uses.

Panitz assured the board that the company is not interested in building residential units at that site. “We don’t need another shopping mall, another residential development,” he said. “We need to serve the needs.” Panitz, who grew up in the area and formerly served on the community board, stressed that he is “not just some suit, some developer, coming to the community” to develop the site “at the expense of the community.” He said the firm requested the meeting so it could receive feedback from residents as to what they would like to see at the site.

The building has sat vacant since St. John’s Hospital closed in March along with Mary Immaculate Hospital after its parent corporation went bankrupt. Panitz revealed that HaysVentures was behind a $43 million offer submitted by a private investment firm that sought to save the hospitals. “Our goal was to save the hospitals, not to shut them down,” adding that a deal fell apart at the eleventh hour. “It broke our hearts,” said Panitz, who recalled receiving stitches in the St. John’s emergency room as a child.

The company has since submitted an offer for the property, which will be sold at an auction in August, according to CB 4 Chairman Richard Italiano. In a telephone interview on Tuesday, Panitz and Green refused to provide details regarding the offer. However, at the meeting Green said the company will be at the auction if the offer isn’t accepted before then, and suggested that he expects HaysVentures to obtain the property. “We will acquire the asset,” he predicted.

The plan outlined by Panitz centers on a “credible, cash strong” medical facility that would help fill the void left by the hospital closing. While he couldn’t specifically name the group he is in discussions with, he promised it would be a “high-level” ambulatory or in-patient facility the residents “would be very impressed and very happy with.” He said it would not be a substance abuse recovery center or serve as chiropractic or other similar type offices.

Panitz also touted a supermarket or other retail that will “serve the needs” of local residents. It was noted that many Elmhurst residents don’t have easy access to large supermarkets and are forced to pay high prices at local bodegas for staples such as milk and bread. Roe Daraio, president of Communities of Maspeth and Elmhurst Together, pointed out that an American-based chain is needed since there already are numerous ethnic supermarkets in the area.

Finally, Panitz discussed the possibility of an educational facility in part of the building. While some board members including Nick Pennachio argued that the area is already oversaturated with schools, it was noted that District 24 is the city’s most crowded. Panitz said the community must face the “brutal reality” and consider that it is much cheaper to convert an existing building than build from the ground up. He said the facility wouldn’t necessarily be a city-run public school, listing private or technical schools as possibilities.

“We have to face this reality that we have to put educational facilities in District 24,” said Panitz. The company’s research showed that space for children in kindergarten through grade six is especially needed. “It would almost be like three buildings, four buildings in one,” he added of the final product his company envisions.

Pennachio suggested developing office space that would be used during business hours to avoid bringing huge amounts of traffic to the area on nights and weekends. However, Panitz said that would be a “good way for me to go out of business” and explained that office space vacancies are currently sky high around the city. “It would be suicide for a guy like me to do that,” he added.

Other suggestions included a multi-purpose center that could serve residents of all ages, or a restaurant such as an IHOP.

Throughout the meeting, Panitz stressed that he was there to hear what the community needs. “Instead of having some guy with a briefcase buy this and put in residential, we can solve a lot of problems here,” he said. “It’s expensive doing this stuff [so] I need to know we’re all on the same page.”

Quality of Life Issues Dominate COP 104 Meeting

By Conor Greene

This month’s COP 104 meeting, held last Wednesday in Maspeth Town Hall, was a quick session because the officers who usually attend were called to an emergency in Glendale.

With Deputy Inspector Keith Green and Community Affairs Officer Tommy Bell called to Glendale to help coordinate the search for a missing 86-year-old man, Lt. Jeffrey Wellbrock took over the meeting duties. Filling in at the last minute, the lieutenant didn’t have details on recent crimes in the area, but provided residents with a chance to air complaints about quality of life issues.

Over the past 28 days, Lt. Wellbrock reported that major crime is up 2.9 percent, but down eight percent so far this year. The only category with a major increase was burglaries, up 25 percent over the past month. Officer Bell later said there is no current break-in pattern within the precinct but noted that Ridgewood remains the hardest hit area.

A resident kicked off the public comment portion of the meeting with a complaint about the pedestrian overpass at the Long Island Expressway near Mazeau Street. She reported drug dealing and drinking at night on the Middle Village side. “Every night he sees it,” she said referring to her husband who routinely walks the dog there. “I wouldn’t even walk over it during the day” due to garbage and debris, she added.

The lieutenant said the precinct would send officers over there to check on the situation.

Next up was Bob Doocey, who related a complaint from a friend who lives on 68th Avenue near 79th Street regarding excessive noise from motorized scooters. “All he hears all night are scooters - he’s being tormented,” said Doocey, adding that the family has a three-year-old baby that is also kept up by the noise.

Dominick Dale from Councilwoman Elizabeth Crowley’s office said a resident called their office with the same complaint. “Obviously there are several issues... This is a serious quality of life issue” that threatens public safety, he said, suggesting tougher legislation regarding seizing scooters might be needed.

In response, Robert Holden of the Juniper Park Civic Association pointed out that the police already can seize vehicles - if they can catch them. “There are not enough cops. The legislation is there,” he said. “However, they’re tough to catch because they buzz around and we don’t have enough cops.”

Roe Daraio, president of Communities of Maspeth and Elmhurst Together told Dale she would like legislation that allows cops to ticket commuter vans illegally operating in local neighborhoods. “If they can ticket trucks for off-route, they should be able to ticket vans.” She said issues with commuter vans include safety concerns, lack of accurate route sheets and instances of access being denied based on race.

The problem of auto repair shops using the sidewalk and street to repair and store vehicles, especially along Flushing Avenue near 61st Street, has again gotten worse, reported Tony Nunziato. “The vehicles are everywhere. You cannot walk down the sidewalk,” he said. “I keep getting calls about it, justifiably... They’re using it as a parking lot.”

Dale said that Crowley’s office tackled the problem several weeks ago, resulting in tickets issued by several agencies and the towing of vehicles. He promised to push agencies including the Sanitation Department to again visit the location. “We will keep doing it until they realize it’s a problem area that needs to be heavily monitored,” he said.

Officer Bell reported this week that the missing man returned to his Glendale home Thursday morning following an exhaustive search.

Residents Rally in Protest of New Homeless Shelter

By Conor Greene

More than one hundred residents gathered on 58th Avenue on Saturday morning to protest the sudden opening of a homeless shelter in the middle of their quiet residential block that would provide temporary housing to 29 adults.

Residents of the Elmhurst neighborhood turned out in force to express their displeasure with the city for allowing this type of facility to open without any warning. Adding to their concerns is the fact that Queens Alliance, which is running the facility, has no history of operating these types of homes. There is also concern that 29 homeless individuals will be provided temporary shelter in close proximity to nearby schools.

“We’re here to protect what is most important to us – our children, our homes, our streets and our neighborhood... The decision was rammed down our throat without any feedback from our community,” said Linda Lam, who organized the rally with the local civic group Communities of Elmhurst and Maspeth Together (COMET). “Our children can no longer feel safe playing in the streets… To protect our children, our homes and not to let the homeless shelter destroy our neighborhood, we have to keep up the fight.”

While recognizing the need for homeless shelters in the city, Lam argued that the neighborhood, south of Queens Boulevard near the former St. John’s Hospital site, is already overburdened. “I know all communities should shoulder the burden of society’s problems that nobody wants it in their backyard; however, we have shouldered more than our fair share already,” she said, noting there is a group home located across the street.

Many of the residents were unaware of the facility until COMET held a meeting about it three weeks ago. While it is currently eligible to accept clients, none have been assigned there by the city Human Resources Administration as of Tuesday, according to Yolanda Martin-Garibaldi, vice president of Queens Alliance.

With no prior hearings or notification of the shelter, many expressed anger at elected officials ranging from Mayor Michael Bloomberg down to local City Councilwoman Melinda Katz (D-Forest Hills), who did not attend the meeting or rally but was represented by a staff member on Saturday. The only elected official to attend the rally was Councilwoman Elizabeth Crowley (D-Middle Village), who represents the areas to the south of Elmhurst.

“We thank everyone for coming out today to express our anger at our mayor and our political representatives, who by their actions or omissions have shown that they do not have the best interests of our children, elders, wives and families,” said Jean-Claude Pierre, whose sister, brother-in-law and five nieces live three houses from the shelter. “Sadly I was wrong to think so highly of our elected officials. I now realize that we cannot simply rely on our mayor and political representatives.”

Residents packed the sidewalk and street in front of the shelter, located at 86-18 58th Avenue, while speakers vowed in English, Spanish and Chinese to continue the fight. Roe Daraio, president of COMET, urged the residents to “stick together” and monitor the facility to ensure Queens Alliance follows the proper health, safety and licensing guidelines, since the project is allowed as-of-right under the area’s zoning. “If we give them a lot of agida they might pick up and move somewhere else.”

Jeff Gottleib, representing state Senator Joseph Addabbo (D-Howard Beach), told the residents that the senator will stand alongside them in this battle.

However, Vicky Morales, representing Katz, was booed loudly by the crowd due to the Councilwoman’s perceived lack of action on this issue. At the COMET meeting several weeks ago, a resident said she was told by a Katz staffer that the fight is a lost cause since the facility is allowed under the zoning. Morales told the crowd that she is looking into why the resident was given that answer, which she said is “not a usual response” from Katz’s office. “The councilmember is tired of as-of-right [projects]. We need to have community input,” said Morales.

Crowley told the crowd to continue fighting and said that “just because they have the right legally, it doesn’t mean it is right.”

Michael Cohen, who is running for the 29th District council seat being vacated by Katz, questioned the ability of Queens Alliance to properly run this type of facility, and bashed the city for giving the organization the okay to do so. “This doesn’t sound like sound social policy to me… The HRA should be ashamed it didn’t think this through rationally.”

A message left with the HRA press office on Tuesday was not returned. Martin-Garibaldi of Queens Alliance said in a brief interview that the bottom line is these individuals need a place to turn to for assistance.

“As a community person and somebody that works for the needy, my personal feeling is if we don’t help each other who’s going to do it?” she said. “Those are our people and our people need to go somewhere. I understand the fact that they don’t want the drugs and other stuff and I’m the first to say we don’t need that. It’s their community, they have a voice and they’re entitled to that,” she said of the protest.

Addressing concerns about Queens Alliance’s lack of track record, Martin-Garibaldi said the staff members are qualified from working with other organizations. “The corporation was formed a year ago. Every agency began somewhere and to create a track record you have to start somewhere.”

Still, Lam and others promised to continue protesting the facility until it is shut down. Petitions opposing the home are circulating the neighborhood, and voter registration forms were available at the rally to help the residents gain a political voice. “This is just the beginning of a long fight,” she said. “We need all of you until the shelter is closed.”

Residents Upset Over Homeless Shelter

WILL RALLY AT 58th AVENUE PROPERTY

By Conor Greene

A building on 58th Avenue in Elmhurst has been converted into a temporary homeless shelter and is ready to accept clients, to the dismay of neighbors who were not informed about the project and say it’s not appropriate for the residential area.

A large group of angry residents packed into the basement of the Bethzatha Church on Monday night to learn about the plan and express their concerns over having the temporary shelter operate at 86-18 58th Avenue, in the middle of a quiet block.

The building would house up to 29 adults, according to Yolanda Martin-Garibaldi, vice president of The Queens Alliance, Inc. That group has entered into a ten-year lease for the building, which was owned by St. Vincent’s Catholic Medical Centers until it was sold in 2005 to a limited liability corporation. This is the first facility of this type to be run by the recently-formed Queens Alliance.

At Monday’s meeting, co-hosted by Community Board 4 and Communities of Maspeth and Elmhurst Together, Martin-Garibaldi said that the alliance’s goal is to provide “temporary emergency shelter” while the client works their way back to permanent housing. While there is no set limit on the amount of time an individual can stay there, she noted that it’s in Queens Alliance’s interest to turn over units so new residents can move in.

The Queens Alliance is funded by the city Human Resource Administration, which will direct clients to the facility. While no one has been assigned there yet, individuals could begin arriving at any time, said Martin-Garibaldi. The alliance has the right to reject certain clients and will not accept sex offenders or parolees. “They’re not just sending us anyone and we’re not going to take anyone,” she said, stressing that the building will not serve as a halfway house, drug rehab center or medical facility.

At the start of the session, Richard Italiano, district manager of CB 4, gave the crowd some bad news: the area is zoned for community facilities, meaning the building can be used in this manner as-of-right with no prior approval needed. As a result, many residents were only just learning about the plan, even though Queens Alliance has been eligible to receive clients for more than a week.

Many residents used the meeting to vent frustration over not having any say before the project was approved. “They have no right to do this,” said CB 4 member Nick Pennachio. “They just dump everything in Elmhurst – we have our share here.” He questioned whether there are also similar projects in neighborhoods such as Forest Hills and Rego Park and noted that property values will decrease as a result. “Queens Alliance is not welcome here.”

The feeling that Elmhurst and Maspeth shoulder an unfair burden of projects affecting the quality of life was echoed by several other residents. “Not to disrespect you, but Maspeth and Elmhurst get a lot of [crap] from the city… It’s not fair,” said another resident, to loud applause.

Since the project is allowed under the zoning, Roe Daraio, president of COMET, focused on Queens Alliance’s background and the regulations they must follow in order to remain open and continue receiving city funding. She noted that the organization doesn’t have a Website and couldn’t be located through a Google search. In addition, the 58th Avenue building that will house the homeless individuals is also listed as the alliance’s office.

Daraio said the guidelines governing these types of facilities will be distributed to the community to make sure proper procedures are being followed. “If they don’t follow the guidelines, perhaps we can get it shut down,” she said. “We are one community and we have to fight the battles together.”

Others feared that problems could arise due to the shelter’s proximity to nearby schools, churches and daycare centers. “What happens when school gets out? I don’t think it is right… We pay our taxes, we work hard for our homes and we get this,” said resident Maria McDonald, who said her husband was attacked along Queens Boulevard several years ago by a resident of a group home located near the shelter.

Linda Lam was particularly frustrated that the residents had no prior warning of the plan, and said one reason the neighborhood is forced to shoulder more than its fair share of community facilities is due to the low turnout rate of voters. She vowed to help mobilize the neighborhood and rally in front of the property to bring attention to the situation. “Why must we be further burdened? We get dumped on time and time again,” said Lam. “We will do what it takes to prevent this homeless shelter from destroying our neighborhood and from hurting our children.”

Martin-Garibaldi stressed that there will be security guards on site around the clock. However, many in the crowd groaned and booed when she said that the guards would call the police in the case of a serious situation. Under questioning, she stated that there would be two guards on at a time, leaving some to argue that the alliance isn’t doing enough to ensure the facility doesn’t present a threat to the neighborhood.

“Trust me, I know what the community is saying.... but these are our people and they have to go somewhere,” said Martin-Garibaldi. “I understand your concers and respect them all.”

Among the most concerned was Brayan Terrazas, an NYPD housing officer who lives next door to the property. He said the building formerly housed college students and said it’s unfair that it will now be used in a less neighborhood-friendly manner. After several years with the NYPD, “I know about all the problems [housing] brings with it,” he told Martin-Garibaldi. “It’s just going to be problems,” he added, predicting that two security guards will be unable to effectively monitor 29 adults, especially since the building has entrances in the front and rear.

This portion of Elmhurst is in the City Council district of Melinda Katz (D-Forest Hills), who was not at Monday’s meeting. A resident said she called Katz’s district office but was told by an aide that the effort is a lost cause since the project is allowed under the zoning. Instead, the aide suggested that the resident consider hiring an attorney, a solution she said was not acceptable.

Katz’s office did not return a call left with a staff member on Tuesday.

However, Councilwoman Elizabeth Crowley (D-Middle Village), whose district is south of the area, attended the meeting. She told residents that “just because we’ve heard that it is as-of-right, it doesn’t mean that it’s right.” Crowley said the legislation needs to be changed so that shelters within residential areas must be approved by the community. She vowed to assist with protests and other efforts “to make sure this doesn’t go through.”

Ultimately, Martin-Garibaldi was unable to appease most of the fears. “The only thing I can tell you at this point is that time will tell,” she said, again drawing loud boos and groans from the crowd. She later said she was “surprised” by the large turnout and residents’ objections. “I didn’t expect this today,” she said.

The residents are planning to rally in front of the building on Saturday, July 11 at 11 a.m

Garbage Trains, School Lawsuit and Maspeth Trucks at JPCA Meeting

By Conor Greene

This month’s Juniper Park Civic Association Meeting included news that a settlement has been reached to prevent trains hauling garbage from idling in residential areas and an update on the battle against the city’s plan to build a high school in Maspeth.

In addition, the civic group held a moment of silence for a longtime member who recently passed away, and honored another resident who is still going strong at 107 years old during the session last Thursday. Reports on other items discussed at the meeting can be found elsewhere in this issue, including funding for the reconstruction of St. Saviour’s Church, an update on crime and a ceremony honoring the neighborhood’s outgoing monsignor.

Garbage Trains and Truck Traffic

Civic President Robert Holden informed the large crowd at Our Lady of Hope about a new problem the civic is dealing with: a plan by Waste Management to haul trash by truck from its transfer station on Review Avenue in Long Island City to the rail yard in West Maspeth. While this is part of the city’s plan to reduce the amount of trucks making long-distance trips to out-of-state dumps, it will lead to an increase in local traffic.

The garbage will be loaded onto rail cars near the intersection of Maspeth Avenue and Rust Street, near the former St. Saviour’s property. This has led Holden to surmise that the reason Mayor Michael Bloomberg refused to fund a purchase of the land for a public park is because this plan was in the works.

“The real reason the mayor didn’t want a park there was because he had a bigger plan,” said Holden. The city’s solid waste plan “is being forced upon us here in this district.” Under the plan, all trash from neighborhoods in community boards one through six would be trucked to the Review Avenue transfer station, which Waste Management will expand to accommodate the increase. While that facility is located along the Newtown Creek, it doesn’t have barge or rail access, meaning the trash must be driven a mile and a half to Maspeth before it is shipped by rail to dump sites in Virginia.

“It would be a decent plan if they would barge the garbage out or rail the garbage out,” said Holden. “This was their master plan – who would want a park near this transfer station?” He noted that the trains, filled with garbage, will then travel through Middle Village and Glendale before leaving the region. Last year, there was a problem with foul odors emanating from trains idling in one location, especially near Christ the King High School on Metropolitan Avenue. “Now they’re going to add more,” he said. “They city didn’t insist they barge it or do it by rail the right way.”

Holden reminded the large crowd that the civic can no longer even get a response to letters sent to Mayor Bloomberg about this issue, a far cry from when the mayor stopped by JPCA meetings on several occasions before his reelection. “We couldn’t keep this guy away. Now we can’t get answers to our letters anymore.”

While West Maspeth will likely bear the brunt of increased truck traffic, Middle Village attorney and City Council candidate Thomas Ognibene had some good news regarding the issue of odors from the trains stinking up the neighborhood. He said that the fumes caused issues last year at Christ the King, including making a pregnant teacher ill. After negotiations between the school and railways proved futile, Ognibene revealed publicly for the first that a lawsuit against New York and Atlantic Railway and CSX was needed to resolve the problem.

The outcome, according to Ognibene, is a settlement in federal court that allows CSX to take possession of idling trains sooner. The agreement, which was effective as of Wednesday, should eliminate the need for trains to sit in residential areas. Instead, trains will be picked up by CSX in the morning and stored at a rail yard away from residential areas untilthey’re ready to leave the area.

“We believe that starting July 1, we’ve solved the problem with the existing trains,” said Ognibene. “Hopefully that’s going to help… but it took a lawsuit. There may be glitches but at least we got something going in that direction because we’ve suffered long enough.”

Maspeth School Lawsuit

Ognibene also updated residents on a lawsuit the JPCA and Communities of Maspeth and Elmhurst Together (COMET) have jointly filed against the city regarding the proposed Maspeth high school.

The issue, according to Holden and Ognibene, is that information regarding toxic materials found on the site was withheld before the City Council voted earlier this year to approve the Department of Education’s plan to build the 1,100-seat school on the former Restaurant Depot site at 74th Street and 57th Avenue. Despite objections from the area’s local member, Elizabeth Crowley, the City Council voted 38-10 in April in favor of the plan.

“We feel it is going to overburden the neighborhood,” said Holden. “The city really didn’t tell the elected officials or us how toxic it is… Information was withheld and the School Construction Authority rushed this through.”

Ognibene noted that one problem is that the city “is not diligent as an ordinary buyer would be” in terms of investigating the site. He added that 19 schools around the city were built on toxic sites, which has forced the city to go back and remediate the property after construction was completed. “Obviously it’s going to be very expensive” to remediate after construction.

“Unfortunately, the City Council I believe didn’t get the full information,” said Ognibene. “This is a dangerous location to build a school… It presents significant problems for the community.”

The civics are named plaintiffs in the lawsuit because they have legal standing to file the lawsuit. Ognibene is now waiting to for a return date and hopes a judge will issue a restraining order preventing the city from moving ahead with work at the site until a phase three environmental impact statement is conducted to show exactly what remediation is needed. In May, the city paid $16,250,000 for the 54,000-square foot property. The current plan is to install a protective barrier between the contaminated soil and the building foundation.

“We feel we have a strong case,” said Ognibene. “Certainly the health, safety and welfare of our children in schools should be paramount. I think it’s important that the city in this type of situation steps up and does the right thing.

Civic Members Honored

At the beginning of the meeting, Holden asked for a moment of silence in honor of civic member Ed Nubel, who recently passed away.

“We lost him too soon,” said Holden, recalling that that the long time volunteer always made sure there was coffee at every meeting. “He really exemplified the spirit of this neighborhood… I know Ed is looking down on us. If you have a cup of coffee, toast Ed tonight.”

Next, another longtime civic member – 107-year-old Carl Berner – was presented the volunteer of the year award for his continued dedication to the neighborhood. “How many people see this man in the neighborhood?” asked Holden, noting that Berner walks several miles a day in the area of Caldwell Avenue and chalks his longevity up to oatmeal.

Berner is still recovering from two hip operations and a short nursing home stay, but is eager to return to civic matters such as cleaning up along the railroad tracks, said Holden. “Don’t be surprised if you see him over there in a couple months with a rake. We’re never surprised by Carl Berner.”

Ognibene, Civics to City Over Maspeth School Proposal

By Conor Greene

Middle Village attorney Thomas Ognibene has joined up with two local civic groups to file a lawsuit against the School Construction Authority to prevent the city from immediately moving forward with its Maspeth high school project.

Thomas Ognibene, who is running for City Council in November, announced on Monday that he has joined up with civic groups Communities of Maspeth and Elmhurst Together and the Juniper Park Civic Association to file the lawsuit. The civic group’s participation was necessary, he said, in order to give the lawsuit standing – something he expects the SCA to challenge instead of addressing the “substantive issues.”

“The primary goal is to ensure that kids don’t wind up going to school in a highly-toxic environment,” said Ognibene of the lawsuit’s intent. “Unfortunately, the City Council should have stopped this – that’s why we have a City Council.” He accused the DOE of providing the City Council with a “false and misleading report” and said the public was left with no alternative other than filing the lawsuit.

The City Council voted 38 to 10 in April to approve the Department of Education’s plan for a 1,100 seat high school on the former Restaurant Depot site at 74th Street and 57th Avenue. The vote came despite overwhelming opposition from Councilwoman Elizabeth Crowley (D-Middle Village), who voted against the plan, and local residents. The civic groups charge that it wasn’t until after that vote that the full extent of the site’s contamination was revealed to the public. Last month the city paid $16,250,000 for the site, which was recently listed for $15 million.

Ognibene called the DOE’s plan “a perfect issue for the City Council to have done a more thorough job” and said he would have would have demanded “at least a phase three” environmental impact statement. “I would have gone to my colleagues and been more forceful in ensuring the kids are protected,” he said. “Unfortunately, I’m not the councilmember and have to rely on going to the courts.”

Robert Holden, president of the JPCA, said that the SCA is acting “as a private company that is not accountable” to the public. “Mayor Bloomberg needs to understand that mayoral control of schools doesn't mean he has the authority to cut corners, ignore public input and endanger the lives of our children,” he wrote in an e-mail. “Hopefully this lawsuit will demonstrate… that our community will fight and not just rollover and be forced to take projects that are detrimental to the well-being of our neighborhood.

Last month, Ognibene (R-Middle Village) announced he would challenge Crowley this November to represent the 30th district, a seat he held from 1992 until 2001, when he was forced out of office due to term limits. Crowley spoke briefly at Monday’s COMET meeting and had left before Ognibene arrived to announce the lawsuit. On Tuesday, Crowley’s press secretary said the councilwoman doesn’t have a comment on the lawsuit.

During her remarks on Monday, Crowley said that the DOE had been working on the Maspeth school proposal for nearly two years before she took office. “It was Mayor Michael Bloomberg, Deputy Mayor Dennis Walcott, Chancellor Joel Klein and the SCA that really felt they could do as they saw fit,” she said. “As frustrating as it was dealing with the DOE, at least we got some concessions… We’re lucky the school isn’t twice the size it was proposed to be and not for the entire city.”

Through her negotiations with the city, Crowley was able to get the DOE to agree to zone the school so that students in District 24, which stretches from Long Island City east to Corona and south to Ridgewood, first priority. Students from the adjacent districts would then get priority, followed by students from throughout the borough.

The lawsuit will seek to force the city to complete a more thorough environmental review, according to Ognibene. A judge would then determine whether the site is appropriate for a school and if additional remediation is needed. He noted that there are 19 city schools that required additional cleanup after they were constructed, which he said costs ten times more than it does to remediate fully after the fact.

“We don’t want that. We want a thorough vetting of the property and a thorough environmental search,” said Ognibene. “The EIS they did was a cursory one that is not sufficient to protect the children… They never should have been allowed to get away with it.”

At the meeting, COMET member Michael Fordunski of Maspeth spoke out against the idea of filing a lawsuit, which he called a “total waste of time” and tax dollars. “There’s no perfect location for a school… We need a high school in this area,” he said, adding that he believes the site will be satisfactorily cleaned up by the time the building opens.

In response, Ognibene argued that you can’t “put a price on the safety of a child” and that “doing it right the first time saves money… Nobody wants to send kids to a high school with high levels of toxicity.” He said that the lawsuit seeks a preliminary stop order to prevent the city from moving ahead with work at that site. It would then be up to the judge to determine if any further course of action is needed.

A DOE spokesman said he is unable to comment on pending litigation. However, last month the DOE accused “some community members who strongly oppose” the project of “purposefully exaggerating the soil’s toxicity in order to stoke public fears and derail the project.” The department added that “Parents in Maspeth and District 24 should know that the Maspeth High School will be completely safe for students and staff.”

Crime Update at COMET Civic Meeting

“Sharp Decline” in Maspeth Over Last Month

By Conor Greene

This month’s meeting of Communities of Maspeth and Elmhurst Together - the civic group’s final session before the summer hiatus - included an update on crime within the three police precincts that patrol the neighborhoods.

Cop of the Month

Honored at the meeting inside Bethzatha Church of God in Elmhurst was Police Officer Wayne Lowery, the 108th Precinct’s summonses officer. He won COMET’s acclaim through his efforts to cut down on illegal commuter vans operating in the area. “They’re very hard to catch and it’s a very time consuming job,” said the group’s chairwoman, Roe Daraio, who added that the vans often block intersections and cause traffic problems, aside from other safety concerns.

Officer Lowery said that he checks to see if the driver is meeting requirements such as keeping an accurate travel log and has the necessary safety equipment including fire extinguishers. “I try to enforce as many [laws] as I can,” he said, adding that he grew up in the area and is “more than willing to help” with traffic issues.

“So often people go unrecognized as they make the community better,” said Councilwoman Elizabeth Crowley, who also honored Officer Lowery.

One resident expressed frustration that even a ticket blitz doesn’t seem to deter the vans from operation or parking in the neighborhood. “What really bothers me is that your ticket really doesn’t mean anything to these people because they come back,” he said.

104th Precinct Update

Within the 104th Precinct’s portion of Maspeth, there were six major crimes in the past 28 days, according to Community Affairs Officer Tommy Bell, who called that a “sharp decline from last month.” Overall, major crime is down across the 104th Precinct by about nine percent over the past month, he said.

The lone assault was a domestic assault on 69th Street near 54th Avenue. There were two grand larcenies: a boyfriend-girlfriend dispute on 65th Place and a wallet stolen from an unattended vehicle parked near 53-30 72nd Place. “I don’t know why people continue to leave valuables in their vehicles,” said Officer Bell. The three auto thefts occurred on 63rd Street at 53rd Drive, 62nd Street at 53rd Avenue and on 77th Place.

A resident asked about cracking down on prostitution along Flushing Avenue. Officer Bell said operations were recently conducted along Starr Street to combat a problem there. However, the resident said there is also a problem further east towards Grand Avenue near the Moonlight Bar and Grill at 60-58 Flushing Avenue. He said a house across the street being used for prostitution, which Officer Bell said the precinct would investigate.

Fatal Maspeth Wreck

Three men died last Thursday night when their car slammed into a concrete barrier on Laurel Hill Boulevard after skidding across the road. Police say the driver lost control of his 1992 Volvo while trying to pass another car at a high rate of speed.

A bottle of vodka and small amount of cocaine were later found inside the obliterated car, according to Deputy Inspector Thomas Kavanagh, commanding officer of the 108th Precinct. There was a witness to the crash, which happened at about 10:30 p.m. near 58th Street, where the boulevard runs beneath the expressway and through the cemetery.

The driver, 26-year-old Pedro Sanchez of Brooklyn, and his two passengers, Thomas Owens and Eric Sanguenette, both 27 of Woodside, were pronounced dead at Elmhurst Hospital.

Officer Lowery said he routinely catches people speeding when he patrols that stretch of road. He said the DOT changed the timing of the traffic light at the cemetery entrance to always turn red every few minutes, instead of only when cars exit the cemetery. While this wasn’t a case of drag racing, he said arrests have been made there in the past during crackdowns.

Maspeth resident Tony Nunziato noted that speeding and drag racing has historically been a problem there. “They’ve been racing there since I was a kid... It’s a shame that the DOT can’t come up with something.” However, Deputy Inspector Kavanagh said that traffic-calming measures such as speed bumps are highly unlikely. “They’re not going to do anything there. There is too much traffic,” he said.

110th Precinct

Over the 28 days ending May 31, there were 14 major crimes within the two sectors of the 110th Precinct covering parts of Maspeth and Elmhurst. Among these incidents were three felony assaults, four grand larcenies, three burglaries and one robbery, according to Sergeant Thomas Passolo.

The grand larcenies included another case of a purse stolen from an unattended car at a local gas station, this time the Hess at Albion Avenue and Queens Boulevard. The officers noted that this is part of an ongoing pattern that seems to be targeting Asian drivers. The precinct’s Technical Assistance Response Unit has set up surveillance cameras in the area which might have captured an image of the suspect and getaway vehicle.

Another grand larceny occurred at Bally’s Total Fitness on Queens Boulevard near Jacobus Place. The victim left $300 inside their locker and discovered it was missing after working out. In a similar incident, a resident left his wallet containing credit cards inside his unlocked car overnight. The sergeant called these “crimes of opportunity” and stressed the need to lock up all valuables. The fourth grand larceny was a case of identity theft and involved the victim’s checking account.

The three assaults all took place in the early morning hours after clubs along Queens Boulevard close. They involved “Hispanic men... fighting with bottles and belts” between 4:30 a.m. and 5:30 a.m. “As the clubs empty out... fights do tend to break out,” said Sgt. Passolo, adding there were arrests in all three incidents.

The lone robbery reported within the Maspeth and Elmhurst portions of the 110th Precinct happened in the Grand Avenue subway station after school. A teenager stole another student’s cell phone but was arrested by transit police soon after. “There are problems with kids coming along Queens Boulevard to the subway station,” he said. It was also noted that there are problems along Grand Avenue after IS 73 students are dismissed.

While there were three burglaries reported, the sergeant doesn’t think there is a pattern in the area. One incident involved a suspect entering a home near 83rd Street and 54th Avenue through an unlocked basement window before fleeing with cash and electronics. The second was a front-door break-in near 84th Street and 57th Road with cash and a television taken. Finally, a perpetrator entered a Queens Boulevard pizza restaurant through the roof. Both residential burglaries occurred on weekday afternoons and the commercial break-in happened after closing last Friday night.

Crowley Discusses Budget

Councilwoman Elizabeth Crowley (D-Middle Village), who has now represented the 30th District for five months, dropped in to provide an update on the city budget negotiations and to introduce herself to the COMET members.

Crowley noted that proposed FDNY funding cuts would result in the closure of several ladder and engine companies – including Co. 271, which serves Ridgewood. “Right now it looks very positive” she said of the effort to avoid any major cuts that would jeopardize public safety. While about $1 billion still needs to be cut from the approximately $59 billion spending plan, Crowley said negotiations haven’t been “as stressful as I thought they would be.”

So far, the City Council has strongly opposed the mayor’s proposal for a five-cent fee on plastic bags and a sales tax on all clothing purchases. Instead, the mayor and City Council have agreed to increase the city’s sales tax by half a percentage point, to 8.875 percent, and begin charging tax on clothing above $110. Still, Crowley said the situation could be worse. “We’re not in the same type of position that the state is in.”

One resident asked about the state legislation’s decision in 1999 to eliminate the commuter tax – and noted that Assemblywoman Marge Markey (D-Maspeth) was among those who voted to end it. “They live cheaply [in surrounding states] and then come here and use our jobs,” the resident said. Crowley said she “agrees one hundred percent” but said there isn’t enough support throughout the state to reinstate it. “It never should have been taken away,” she said, adding that eliminating it has cost the city about $4 billion.

Crime Down, Arrests Up Across 104th Precinct

Brooklyn Pair Charged in 20 Local Burglaries

By Conor Greene

Major crime is down nearly eight percent in the 104th Precinct through the first 20 weeks of 2009, residents learned at last Wednesday’s COP 104 meeting in Maspeth Town Hall. While burglaries mark the only major crime to have increased so far this year, residents learned of a major arrest police officials hope will put a dent in that category.

To date, arrests are up by 17 percent for all crimes, and up 30 percent for major crimes, which include murder, rape, robbery, felony assault, burglary, grand larceny and auto theft. According to Deputy Inspector Keith Green, there have been 580 major crimes so far this year within the precinct, which covers Ridgewood, Glendale, Maspeth and Middle Village, compared to 629 at the same time last year.

Notably, robberies are down 11 percent, with 83 so far compared to 93 through the first 20 weeks of 2008. Felony assaults are down seven from last year to 41, while car thefts are down slightly, with 120 so far compared to 129 last year. The biggest improvement has come in grand larceny, with 164 this year compared to 199 last year, a decrease of more than 17 percent.

Major Burglary Arrest

On the flip side, burglary marks the only major crime that has increased compared to last year, according to Deputy Inspector Green, with 164 in 2009 compared to 152 at the same point last year, an eight percent jump. However, he hopes burglary incidents slow down with the arrest of two individuals responsible for at least 20 residential breakins in the Glendale area.

Helen Velasquez, 43, and Jose DeJesus, 22, were responsible for a “very noticeable” burglary pattern between 65th and 67th streets and Otto and Central avenues in Glendale, according to Deputy Inspector Green. Velasquez, of 387 Woodbine Street and DeJesus, of 218 Boerum Street, were recently caught breaking into a home and have been charged in connection with 20 incidents. They may be charged in additional break-ins as the investigation unfolds, said Deputy Inspector Green. “That is how burglary tends to go- one or two people can really hit us hard,” he said.

Overall, burglaries have been “spread out” across the precinct, with about 70% targeting residences and 30% commercial buildings, said Deputy Inspector Green. “They really are pretty well spread out when we don’t have a pattern,” he said, noting that the current residential/commercial ratio has been skewed by the rash of Glendale burglaries. Those perpetrators were targeting residences both at night and during the day, mainly entering through windows accessed by fire escapes and roofs.

Rounding out the major crime statistics, there has been one murder this year – the unsolved killing of 64-year-old Rosario Prestigiacomo inside his home at 20-33 Green Avenue in Ridgewood. Police responding to a 911 call at about 2:15 p.m. on February 10 found the Italian landlord lying on the floor with multiple stab wounds. There were no murders at the same time last year, and all four homicides that eventually occurred within the precinct in 2008 were connected to a fatal fire on Metropolitan Avenue that investigators say was deliberately set. There have been seven rapes this year compared to eight last year, and there have been 120 car thefts so far, a decrease of 9.

Residents Express Concerns

During the public comment portion of the meeting, Roe Dario, president of the civic group Communities of Maspeth and Elmhurst Together, asked the precinct about cracking down on unauthorized commuter vans, which she said cause traffic issues.

“There are a lot of open issues with the vans, so civically we don’t want them in our community,” she said. “Hopefully we can get them out of here… We have enough traffic.” Deputy Inspector Green said the precinct is working on a crackdown of commuter vans, which must get a permit from the city to be legal.

However, there was one issue raised at the meeting that the deputy inspector declined to comment on. A resident asked about potential funding cuts the NYPD is facing due to the city’s budget woes, and rumors that civilian administrative jobs would be cut. Under that scenario, uniformed officers would be taken off the streets and put into those administrative roles, the resident claimed, asking how that situation would impact the 104th Precinct specifically.

“Right now it is just ‘a what if’ [scenario] and is not an issue I’m free to discuss,” responded Deputy Inspector Green. He told the resident he must contact NYPD headquarters at One Police Plaza about that issue and noted that the precinct is currently fully staffed to the same levels as two years ago.

Robert Holden, president of the Juniper Park Civic Association, asked the precinct to crack down on vandalism in the park. He said that several trees were recently planted throughout the 55-acre park in Middle Village and already some have been snapped by vandals. “It is most likely youth hanging out in the park,” he said, adding that there have been incidents of vandalism almost nightly and noting that the bleacher area near the roller hockey rink has become a “big hangout.”

Another resident asked Deputy Inspector Green to address speeding along 77th Place between Caldwell Avenue and 58th Avenue. “I tell you I hear the engines as they go racing down that block,” the resident said.

Finally, a resident complained about noise and disturbances at the Moonlight Bar, which he said prompted him to call the precinct and 311 numerous times. “I know it’s minor for you guys, but what can I do?” he asked the officers. He said a lot of the problem stems from the fact that the bar’s front door is often left open as a DJ plays music inside. When neighbors complained, the “owners said call the police, we don’t care,” the resident said.

Deputy Inspector Green said officers have “been there quite a bit lately” to deal with calls. He said the bar at 6058 Flushing Avenue in Maspeth “is on our list” of establishments that have received numerous complaints in recent months. He said the bar “has had problems in the past, was shut down for a while, then reopened and was okay for a while, and is now a problem again.” He said the Community Board 5 has also received “a lot of calls” regarding Moonlight Bar.

Questions Over Toxins on Proposed School Site

Civic Vows Legal Action Against City DOE

By Conor Greene

A month after the City Council approved a 1,100 seat high school in Maspeth, a local civic group continues to oppose the plan on the grounds that the proposed site is contaminated and not appropriate for the project.

The Juniper Park Civic Association is questioning the validity of City Council’s 38-10 vote on April 1, which gave the Department of Education the go-ahead to acquire the former Restaurant Depot site at 74th Street and 57th Avenue and move forward with the school. The $80 million project is intended to help provide desperately needed seats in the city’s most overcrowded district.

Specifically, the civic group is livid that the Environmental Impact Statement completed for the city wasn’t distributed to Community Board 5 or local community leaders. In addition, the report reviewed by City Council members before voting only contained a summary of the toxins found on the site and lacked information about specific levels.

“We’re saying that the City Council vote on April 2 was invalid because the council members didn’t see a [full report showing the exact] toxin levels,” said JPCA President Robert Holden. He noted that, despite also being a CB 5 member, he didn’t even receive the “sugar-coated” version of the report issued by the SCA until after the council vote. “We’re contending that we need an independent scientist to look at these figures.”

The JPCA opposed the project from the start because there already are two schools within three blocks of the site and due to congestion in the area. The proposal was also opposed by Community Board 5 (which eventually voted in favor of a resolution approving the school provided certain stipulations were met), Councilwoman Elizabeth Crowley (D-Middle Village) and the civic group Communities of Maspeth and Elmhurst Together.

Holden said the civic group has sent a formal letter to City Council Speaker Christine Quinn requesting that an independent group, such as a local university, be allowed to review the report and issue an opinion. “If Quinn doesn’t do anything, we are exploring legal actions to file an… injunction saying the vote was invalid. How could they vote if they didn’t get full information on buying a toxic site? I would rather believe scientists than hired hands from the SCA.”

The SCA maintains the materials found at the site, which includes semi-volatile compounds and heavy metals such as mercury, are typical of most properties around the city. The vapor barrier system, which creates an air-tight seal between the building and ground, is a “precautionary system to ensure that these contaminants can never enter the school building,” according to DOE spokesman William Havemann. The fumes would be removed from the site through pipes leading to the building’s roof.

However, at its meeting last Thursday, a scientist working on behalf of the JPCA questioned the SCA’s method and said the site should be classified a brownfield and fully remediated with clean soil. “It’s really a no-brainer. These things are bad and if they migrate to the surface they will get your kids sick,” Dr. James Cervino told the audience. “I’m not up here grandstanding, I’m telling you that a plastic sheet and Home Depot fan isn’t going to protect your children.”

Dr. Cervino, of Pace University and the Woods Hole Oceanographic Institution, later accused the SCA of making its decisions for the site based on money. “I think it’s egregious. It’s absolutely unthinkable that they would want to do something like this,” he said. “It’s all about money and not paying to remove the soil. It costs a lot of money to take the bad stuff out and bring clean fill in.”

He also ripped the process used by the SCA to reach this decision. “The number one problem I see with all these people who give approvals, with the powers that be, is that they’re just engineers,” said Cervino. “You need someone with training in environmental engineering and a degree in molecular biology [in order to have the] understanding of the sensitivity of human cells when exposed [to toxins]… If you have an understanding of how sensitive human cells are to the concentration of chemicals they want to leave there, any cancer specialist will tell you they are nuts.”

When asked if he would send his children to a school built on that property, Cervino responded, “Never in a million years.”

In a statement, the DOE stood by its process. “The Department of Education observes rigorous and very conservative standards in determining whether a site is suitable for school construction,” said Havemann. “Like all urban soil, the soil in Maspeth does contain some mild contaminants.”

Havemann accused the civic group – which has opposed a school at this site for a number of reasons – of using the issue of contaminated soil to create fear. “Some community members who strongly oppose the Maspeth High School are purposefully exaggerating the soil’s toxicity in order to stoke public fears and derail the project,” he wrote. “Parents in Maspeth and District 24 should know that the Maspeth High School will be completely safe for students and staff.” In response to claims that the site should be fully remediated, Havemann wrote: “Contrary to their assertions, soil remediation is not required at the Maspeth site, and would be a waste of taxpayer dollars.”

Crowley, who voted against the school but was criticized for not drumming up enough support from her colleagues to quash the plan, said the contamination issue wasn’t raised during hearings because cleaning up a former manufacturing site is “a given” within an urban setting. In a statement, she said the SCA must “purify the soil before they think about building a school on this property.”

On Tuesday, her chief of staff, Lydon Sleeper, said Crowley is requesting that the state Department of Environmental Conservation step in and review the city’s findings. “We want someone who is not a city organization or contracted by the city, which is why I think it’s important that the DEC come in and does it,” said Sleeper. “We want their view as to whether or not there should be remediation.”

However, despite the new questions over the site’s contamination, Sleeper doubts this will be enough to prevent the project from moving forward. “I don’t think this is enough to stop it. At the end of the day they are building a school on a [remediated] brownfield in the Bronx,” he said. “It may have delayed it for another month… but at the end of the day even the scientist is saying this is not a deal breaker… We want to get someone else looking at this who is accountable to the people and not accountable to the SCA. If they say there’s some cleanup needed, we’ll hold the SCA to that.”

At the JPCA meeting, State Senator Joseph Addabbo (D-Howard Beach) said he is considering pursing legislation that would require that stricter standards be followed for school construction at contaminated sites. “When you’re talking about health risks, the problem I have is that you are dealing with just one standard [for all projects],” he said.

And, despite the city’s assertions that the site is safe, Holden and many civic members remain unconvinced. “Of course we’re going to fight this. We’re not going to just take this” he told the audience in Our Lady of Hope last Thursday. “Information was withheld and toxic levels were withheld. These kids are going to be sitting there seven hours a day, nine months a year and we should give them a clean environment… All over the city, kids are getting sick. We don’t trust the city because they aren’t really looking out for us, or they wouldn’t have chosen this site to begin with.”