State Delays Reservoir Redevelopment

Parks Explains Need to Cut Down 65 Trees for Phase One

By Conor Greene

While the city Parks Department is prepared to move forward with its phase one redevelopment of Ridgewood Reservoir, it appears that the second phase - which will determine the future use of the property - is on hold as the state decides whether the land should be designated a wetland.

As has been reported, the state Department of Environmental Conservation is currently investigating whether to classify the property on the Queens-Brooklyn border, which contains three basins, as wetlands. Doing so would complicate the Parks Department’s proposed plans for the site, which range from keeping it entirely natural to building ball fields in one of the basins.

“The determination to regulate an area is based on its characteristics and functions as a wetland,” wrote DEC spokesman Thomas Panzone. “In the years since the reservoir was decommissioned, the basins, or part of the basins, have developed some wetland characteristics such as seasonally or permanently wet areas and wetland-dependant vegetation.”

Panzone added that the agency’s investigation comes as a result of a request to map the reservoir as a wetland. That request was made by the public through local elected officials, according to activists that have been lobbying for the site to be kept in its natural state.

Those activists, including David Quintana of Ozone Park, were surprised to learn this week that Parks plans to cut down 65 trees as part of phase one. That aspect of the project, estimated at $7.6 million, includes new lighting and fencing along the perimeter of the basins and better handicap accessibility.

Parks says that, of the 65 trees, nine are dead and the remaining 56 are invasive species, have weak root systems or are compromising existing infrastructure. Three are being removed to create the ADA path. A parks spokeswoman added that “all of our plans for phase one were approved by all the appropriate agencies, and we will continue working with them as we move forward to develop this site.”

Quintana and others who attended a recent Queens Civic Congress meeting on parks say they were also surprised by comments made by borough Parks Commissioner Dorothy Lewandowski regarding the potential wetlands designation. According to several in attendance, she suggested the site might not qualify for wetland designation because the basins are not large enough individually, and would have to be connected to meet the size standards.

The DEC said that while wetland designation is normally based on size, “under certain circumstances other factors can be considered.”

There was also talk the DEC might instead classify the site a dam, which could require stripping the basins of vegetation, according to several attendees. The DEC noted that, while the Ridgewood Reservoir system contains a dam, it “can be managed in a number of reasonable ways.” Panzone added, “DEC is not aware of any proposal for stripping the basins and has not issued any such order.”

When asked about Lewandowski’s comments that the DEC is looking at it as a dam, the Parks spokeswoman responded, “That is not what the commissioner said and there is no discussion or plans of stripping the basins. As mentioned in the [prior] statement, the conditions on the site are being reviewed.”

Parks had been set to present three options for phase two to local community boards earlier this year, but that was delayed by the possible DEC intervention and wetland classification. Those pushing for the site to remain natural say they are hopeful the state’s involvement will prevent the city from building ball fields on the property.

“I think DEC is going to stall them, and that should be a long process,” said Quintana.

Steven Fiedler, who attended the meeting as a member of the Juniper Park Civic Association, said there is another complicating factor aside from the potential wetland investigation. He says there are two 46-inch pipes on Seneca Avenue and Vermont Place that the DEC wants sealed before any phase two work moves forward.

“That’s a huge undertaking that sets phase two back,” said Fiedler, who also chairs Community Board 5’s Parks Committee. “In my opinion, you are not going to see it for five years.”

Gary Giordano, district manager of CB 5, echoed the sentiment that state involvement is a good thing. “Whatever the technicalities of classification are, speaking for myself, and I think for some board members too, I’m hopeful that with the state DEC being involved, there is more of a likelihood that the reservoir basins will remain in very much a natural state,” he said.

Giordano added that he doesn’t expect to see any phase two plans in the near future. “I don’t think they are going to show anything, even to the community boards, until [the DEC investigation is complete] because one of the options may be an issue with DEC if it is to put ball fields in one of the basins,” he said. “I would think that certainly would be an issue with DEC. Sometimes more is less, and I don’t think anyone on our board wants to see those ball fields in the basins.”

A number of elected officials have thrown their support behind keeping the site dedicated for passive recreation, including Assemblyman Mike Miller (D-Woodhaven).

“It’s a positive thing to keep the basin as wetlands,” he said in a statement. “My colleagues and I are doing our part to prevent development of the reservoir. Here in Queens, unpaved and undeveloped land is becoming increasingly hard to find, which is why it is important to protect these beautiful areas we still have left.

DEC Proposes Ozone Park Superfund Site Remedy

By Patricia Adams

The New York State Department of Environmental Conservation (NYSDEC), held a public meeting on December 9th to discuss the proposed remediation for contamination related to the Ozone Industries State Superfund Site. The site consists of eight bays beneath the abandoned elevated Long Island Railroad (LIRR) located across the street from 101-32 101st Street in Ozone Park.

New York’s State Superfund Program (SSF) is responsible for identifying sites suspected of being inactive hazardous waste disposal sites. Sites in the program are categorized as those that pose a significant threat both to public health and the environment. During the course of remediation, a proposed site will go through an investigation, evaluation, cleanup and then monitoring. NYSDEC generally attempts to identify parties responsible for site contamination and require cleanup before committing State funds.

In order to clean the Ozone Park site, the DEC says it will excavate contaminated shallow soils, construct and operate a soil vapor extraction system, and include the construction and operation of a sub-slab depressurization system (see definition below) in the disposal area. Groundwater monitoring is proposed for the contaminated groundwater plume and institutional controls would be imposed in the form of an environmental easement.

The following is an outline of the proposal by NYSDEC for cleaning up the site:

•The floors in Bays 8-15 would be removed and the contaminated shallow soils would be excavated and replaced, as much as practical, with clean backfill.

•A soil vapor extraction (SVE) system of vertical wells and a piping system would be constructed to collect vapors from the deeper soils.

•An active sub-slab depressurization (SSD) system would be constructed beneath the new floors in Bays 8 through 15 to collect subslab vapors. The sub-slab depressurization system basically consists of a fan or blower which draws air from the soil beneath a building and discharges it to the atmosphere through a series of collection and discharge pipes.

•A vapor intrusion mitigation program would be implemented to investigate and mitigate, if necessary, vapors in off-site adjacent structures.

•Monitoring of the impacted groundwater onsite and off-site would be conducted.

•Institutional controls in the form of an environmental easement would be required.

•A Site Management Plan would be developed.

•The property owner would provide a periodic certification that the institutional controls are in place.

•The operation of the components of the remedy would continue until the remedial objectives have been achieved, or until the NYSDEC determines that continued operation is technically impracticable or not feasible.

Before finalizing the remedy for the site, NYSDEC will consider public comment. The agency will also release a document known as a Record of Decision explaining why the particular remedy was selected. The document will also serve to address public comment. Following the states filing of the Record of Decision, the project will move into the design phase with cleanup action to follow.

Prior to 1998, The Ozone Industries Facility was sold in 1998 and prior to that manufactured aircraft parts including landing gear, hydraulic assemblies, aircraft steering assemblies and flight controls. The company rented several bays beneath the LIRR which were used to store spent trichloroethylene (TCE), hydraulic fluids, and scrap metal chips. It is believed that releases of solvents, oil and/or fluids may have occurred in one or more of these bays.

The Ozone Industries Site is located in a mixed commercial/industrial and residential area within a block bounded by 99th and 100th Streets to the east and west and by 101st and 103rd Avenues to the north and south. The bays on the property are owned by the City of New York and leased to various tenants for different uses.

If you would like to offer public comment you may do so until December 24. Submit your comments to: John Durnin, P. E. NYSDEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7016

Board Rejects Company's Trash Disposal Plan

Maspeth Truck Traffic Would Increase

By Conor Greene

Waste Management’s plan to transport trash from a new facility on Review Avenue to the Maspeth rail yard for transportation to out-of-state landfills was resoundingly rejected by Community Board 5 members because it will result in more truck traffic in Maspeth.

At its meeting last Wednesday at Christ the King High School, the advisory board unanimously voted in favor of a Sanitation Committee resolution rejecting Waste Management’s current plan. Instead, the resolution suggests that the company use the adjacent Newtown Creek to barge the containerized trash out of the area, build a rail spur at its Review Avenue property or purchase part of the former Phelps Dodge property or another site where a rail spur can be accessed or built.

Waste Management has applied to the state Department of Environmental Conservation for permission to replace its existing truck-based solid waste transfer operation at 38-22 Review Avenue in Long Island City with a new rail-based transfer facility that would accept trash from neighborhoods within community boards 1-6 in Queens. However, the plan would require the company to transport the trash one-and-a-half miles from Review Avenue to the Maspeth rail yard at Rust Street.

It is this aspect of the plan, which would result in 85 round-trip truck trips daily between the two sites, that didn’t sit well with board members. “This whole plan – pardon the pun – stinks,” said Robert Holden before the vote.

“We all know how congested that area is now.” Sanitation Committee Chairman Paul Kerzner noted that the area was already backed up with traffic at 9:30 on a recent morning. “This is just going to add to it,” he said.

Holden also noted that the containerized trash will be loaded onto trains near the Clinton Diner at Rust Street and Maspeth Avenue. The transfer will take place in the open, near the former St. Saviour’s property and homes. He questioned whether the plan meets requirements that this type of facility be located at least 400 feet from homes and parks.

The resolution notes “there was significant opposition” to the plan during a public information session the company held last month at Martin Luther High School. In addition, “there was unanimous agreement that for several important reasons, a better waste transport plan needs to be found.”

The “major reasons” for the board’s objection to the plan include that it “would mean additional handling of garbage” in order to get it loaded onto trains; that “the Maspeth community would have dozens of additional movements by tractor trailers daily” between Review Avenue and Rust Street; that the additional traffic “would mean significant increased air pollution hazards to Maspeth and adjacent communities,” and because the truck traffic would cause hazards, especially navigating tight turns such as from Rust Street onto Maspeth Avenue and after leaving the rail yard.

The resolution instead urges Waste Management to barge the trash directly from its facility, build a rail support at its 38-22 Review Avenue property - which is adjacent to LIRR tracks that are only used by two passenger trains daily - or investigate other nearby properties such as the former Phelps Dodge sites.

“Part of this former Phelps Dodge site would be further from residents than the Maspeth rail yard, where there is a residential area across the street,” the resolution notes. “By reducing the handling steps associated with transporting residential garbage… barging of garbage or establishing a rail spur may prove less expensive over time.”

Under the current plan, Waste Management will build a new, fully enclosed transfer facility at the Review Avenue site. The current facility is permitted to receive up to 958 tons of garbage per day. Under the new plan, the site will be able to handle up to 2,100 tons per day and will typically receive about 1,150 tons per day, according to the company. The facility would receive 134 deliveries daily from garbage trucks, in addition to the tractor trailer trips to Maspeth. The company claims that each train will carry between 60 and 68 containers, which is the equivalent of 51 to 58 tractor trailer loads.

In response to CB 5’s vote, a Waste Management spokeswoman said the company met with the community board “and other stakeholders several times” to discuss the project and obtain input. “We are committed to continuing this dialogue with the community and to working with the city to address the issues that have been raised,” wrote Rachel Amar.

Amar noted that the city Department of Sanitation identified Waste Management’s Review Avenue property as a site for handling residential waste under the city’s Solid Waste Management Plan (SWMP). “The plan was developed over several years with input from environmental groups and other stakeholders and was approved by the City Council in 2006,” she wrote. “The SWMP is designed to manage the city’s municipal solid waste in a more sustainable, efficient manner over the next 20 years, by shifting NYC’s waste exports from a truck based system to a rail and barge based system, reducing truck traffic and vehicle emissions.”

Still, some residents aren’t accepting the additional truck traffic without a fight. Maspeth activist Christina Wilkinson has organized a rally at the Clinton Diner at 11 a.m. Saturday to call on the city to prevent additional truck traffic and instead preserve the former St. Saviour’s property, which is being offered for sale for $8.5 million. In addition to members of local civic groups, Councilmembers Elizabeth Crowley (D-Middle Village) and Tony Avella (D-Bayside) are expected to attend, along with other elected officials’ representatives.

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.”

Senate Candidates Face Off on Issues

HB Civic Hosts Topic-Driven Debate

By Conor Greene

The two candidates vying to represent the 15th Senate District faced off for the first time at a debate Tuesday night in Howard Beach.

The event in St. Barnabas Church was hosted by the Howard Beach Civic Forum and marked the first time incumbent Serf Maltese (R-Glendale) and his challenger, Councilman Joseph Addabbo (D-Howard Beach) have faced off during the campaign in the 15th Senate District.

The winner on November 4 will represent the communities of Glendale, Maspeth, Middle Village, Ridgewood and parts of Elmhurst, Forest Hills, Kew Gardens, Ozone Park, Rego Park, Richmond Hill, Sunnyside and Woodside. Since it has the potential to help tip the balance of power on the Senate, the race has been one of the closest watched during this campaign cycle.

The event centered on issues including education, public safety, quality of life, healthcare and transportation, and the candidates were urged to refrain from making personal attacks. The format featured a general statement by the candidates on each issue, followed by questions submitted by the audience.

Education and Funding

Calling higher education “very important,” Maltese said he has fought to provide the Tuition Assistance Program for as many students as possible during his 19 years on the state Senate. “I argue for Queens County so we can get every nickel we can,” he said, adding that he tries to visit all 50 schools in the district every year. “Because of my seniority [in the senate] I have been able to secure literally millions in grants for our schools,” he said.

Addabbo said the goal with education “is to keep everybody here” in the community. He stressed that the quality of a neighborhood depends on maintaining strong schools. “The funding formula is still unfair,” he said. “We need to get a fair share for our children.” Education “needs to be a rally cry in the state Senate… We need to get that money right into the classrooms – otherwise people will leave our community, and we don’t want that.”

Safety and Quality of Life

Maltese, an attorney, noted that his past experience as an assistant district attorney has given him knowledge of the legal system. “It was a twenty-four hour job,” he said. “That experience served me well later on… I think law enforcement and public safety is one of the most important things.”

He said he has been the prime sponsor on 239 “Maltese laws” including a bill that increases the penalties for drunken driving. He was also a co-sponsor of Megan’s Law, which requires sex offenders to register with the state. “Over and over again, I was one of the leaders on the Crime and Corrections Committee,” he said. “I made the concerns of crime victims one of the most important things.”

Addabbo touted his work as a member of City Council’s Public Safety Committee, which he said helped provide NYPD officers with up-graded equipment. He said there is a real need for “more police in our precincts” and said that the state “obviously has to do more” to help fund public safety in the city. He also wants residents to receive e-mail alerts when a registered sex offender moves into the neighborhood. “You don’t have to log on and check a list – they contact you,” he said. “It is important for our families.”

Addabbo also cited noise pollution, parks and graffiti as other important issues affecting residents’ quality of life. “We cannot neglect these issues. I have not done so on the City Council and certainly will not do so on the State Senate.

Dead Fish in Shellbank Basin

The candidates were asked about recent incidents of dead fish washing up in the Shellbank Basin. Addabbo had raised that issue while discussing quality of life issues, and stressed that the sight and smell of thousands of dead fish did have an effect on residents.

He said he received calls from residents on his 24-hour constituent line when the problem first arose several weeks ago. He immediately notified the mayor’s office. “It is very important that we take control of these quality of life issues and not let them fester,” he said. He said a meeting is scheduled for October 3 with representatives from the city Department of Environmental Protection and the state Department of Environmental Conservation.

“They need to tell us what happened, why it happened, and how it should never happen again,” said Addabbo. “No more finger pointing. There will be a meeting and we will get answers.”

Maltese said his local district office was alerted to the situation by a local doctor and that he immediately notified DEP Commissioner Emily Lloyd. “She said it was the first she had heard of it and would immediately tend to it.” The next day, the DEP were at the basin, scooping out the dead fish, he said.

Economics

Addabbo stressed the need for the state to better support local small businesses, instead of providing funding to large corporations and big box stores. “The state doesn’t do enough for small businesses,” he said, calling them the “backbone of our community.” He called the state’s practice of funding big companies “wrong” and said that the program needs to be reformed to “put the money down to the local people.”

Given the tough economy, he ripped a proposal to raise property taxes. “You don’t raise property taxes, you cut government first,” he said. “This year’s state budget is wrong. How can you increase spending and not have the money to pay for it? For far too long, the old business as usual hasn’t worked in Albany. This year we have a choice.”

He also cited the 44 cases of foreclosures within Howard Beach, along with the approximately 500 families in danger of being foreclosed. “It will increase crime and decrease property values,” he said. “That’s a lot of homes. We need to call a moratorium on foreclosures.”

Maltese agreed that the “commercial strips are the lifeblood of our communities” and said he is “very firmly in support of small businesses” and has “fought against many big box stores” proposed for the area over the past few years. He said the Senate “acted immediately” to address the foreclosure crisis, which has hit Queens especially hard. He said a bill was passed to place a moratorium on foreclosures, a statement later challenged by the Addabbo camp.

“What’s occurring on the federal level is going to affect us all,” he said of the current economic crisis hitting Wall Street. He said the six percent cut to the state budget was not enough. “The fact is, we have to take our belts in, and we can do it.”

Transportation Funding

Maltese called mass transit “vital to the communities of this senate district” and noted that he funded $2 million of the $2.7 million renovation of the Metropolitan Avenue M train station in Middle Village. “I was able to put money right into a station where it was needed,” he said.

He also boasted of the $1.2 million reconstruction of Eliot Avenue, which made it safer where it cuts through a cemetery. “He said he is “against any increase in tolls or fares,” which “isn’t the [right] way [for the MTA] to raise money.”

Addabbo called for “making transportation more reliable and safe.” He spent seven years on the City Council’s Transportation Committee, and stressed the need to both criticize and work with agencies like the MTA. “I’ve grilled them on how they do things,” but also gained increased service on some bus routes “by working with the MTA,” he said.

An issue close to home for Addabbo is eliminating the toll to cross the bridge into Rockaway. “It’s absolutely unfair we pay a toll to visit the Rockaway beaches,” he said. He said the toll should be eliminated between Labor Day and Memorial Day. “We should be able to enjoy the rest of our borough – our borough – without paying a toll. It has to be removed,” he said.

Regarding the proposed MTA fare hike, Addabbo said the authority “has a real problem” and stressed that their books must be examined “to make sure they’ve made the proper cuts internally” before fares are raised. Addabbo said he recently submitted a petition to the MTA with more than 2,000 signatures of residents opposed to a fare hike.

Maltese said he meets regularly with MTA officials on issues such as fare hikes. “I don’t like it and I know our constituents don’t like it,” he said. However, he said that due to the state’s current economic difficulties, “I know we are going to have more problems.”

Healthcare Costs

Addabbo stressed that healthcare “needs to be made more accessible and more affordable.” He cited Medicaid fraud as a major issue that needs to be addressed, with billions each year being diverted from other programs. “Those are dollars that can be spent on families and schools,” he said. “We need to get a handle on this.” He also argued that the state’s plan regarding hospital closings needs to be reexamined. “We need to keep those hospital doors open,” he said.

Maltese noted that he helped restore $59 billion for nursing homes and hospitals that former Governor Eliot Spitzer cut from the state budget. “I’ve tried to keep my eye on hospitals in Queens County,” he said. “The fact is, I was able to save [Wyckoff Heights Hospital] in 1990, not only for the employees, but for the people who patronize it.”


Addabbo and Maltese pose with members of the Howard Beach Civic Forum’s executive board following Tuesday’s debate (above), and the candidates shake hands after the debate.

The Forum Newsgroup/photos by CONOR GREENE

Something's Fishy in Howard Beach

DEP’s Temporary Facility Fails to Save Fish

By Patricia Adams

The sight and smell of what appeared to be thousands of dead fish in Shellbank Basin, the waterway which runs parallel to Crossbay Blvd. in Howard Beach, angered and upset local residents during the long Labor Day weekend.

City Councilman Joe Addabbo reported that a constituent, who had called 311 to report the problem, notified him on Friday after business hours via his 24 hour live hotline.

“That constituent was upset by being told a clean up would be in 10-14 days. That's not acceptable,” Addabbo said, “I responded by immediately going myself to the Starbucks vicinity to see the problem firsthand.” Addabbo then called the mayor's office, which responded by sending out DEP to clean up fish within 48 hours. "I'm thankful a constituent called my 24 hour service and that the mayor's office and DEP responded. I believe now we need to get answers from the NY State DEC as to how the situation occurred and how it can be avoided in the future."

That DEP was on scene and cleaning up was confirmed by Community Board 10 Chairperson Betty Braton. “My home abuts Shellbank Basin,” she said, “DEP's boat and personnel were there working throughout the holiday weekend.”

Similar occurrences in the past have been blamed on a lack of oxygen in the water, causing fish to die. One contributing factor is that the depth of the water in the northern end of Shellbank Basin is considerably deeper than it is further south in the waterway.

Braton also reported that the Community Board office had informed DEP, both by phone and letter; over two weeks ago that some water discoloration and odors were present; usually precursors to a lack of oxygen in the water. “We felt that perhaps the temporary destratification system was not working properly and asked them to investigate," she said.

A number of years ago the NY City DEP initiated a temporary facility located at 158-35 Crossbay Blvd. and tested to see if a destratification system, essentially an aerator powered by a compressor, would increase dissolved oxygen levels. The agency thought a compressor introducing air into the water through tubes laid on the bottom at the deeper end of the canal would aid in preventing the de-oxygenation that periodically occurs.

The temporary system did help, according to local residents, and the instances of discolorition, foul odors, and fish kill lessened in recent years. As a result DEP sought to erect a permanent destratification facility. They selected a site located in the southern section of the Starbucks parking lot to install the system.

The city's planned acquisition of that site was approved by Community Board 10 in April 2007, by the Queens Borough President, Helen Marshall, in May 2007, and by the City Planning Commission in July of that year. Councilman Addabbo also supported the planned permanent facility.

According to Community Board 10, its District Manager, Karyn Petersen spoke with DEP officials on Tuesday. At this point DEP has not determined the cause.

At this point, some local leaders think the problem may be that the New York State Department of Environmental Conservation has not yet approved necessary permits to allow construction to start or has prevented the temporary facility from being operation during the interim. If that's the case, as one waterfront resident aptly commented, “It stinks and they better fix it.”

In another phone call with DEP on Tuesday afternoon from CB 10, DEP indicated that the temporary facility is in operation at this time. As of Wednesday afternoon, it appears however that there is still a major problem with a foul smell emanating throughout the neighborhood and thousands of dead fish floating on top of the water and washing up along the shores of the basin.

Feds Agree to Study Newtown Creek Spill

Could Lead to Superfund Designation

By Conor Greene

Two local lawmakers are one step closer to having the Newtown Creek included in the national cleanup program. The federal Environmental Protection Agency has agreed to conduct testing at several sites along the creek, which could lead to its inclusion in the Superfund program.

Representatives Anthony Weiner and Nydia Velazquez, both Democrats who represent parts of the area surrounding Newtown Creek, had called on the EPA to test the area to see if it warranted inclusion in the federal Superfund program. Doing so could lead to millions of dollars in funding for the cleanup and allow the federal government to hold the companies causing the contamination responsible.

The creek is a 3.5-mile waterway running between Greenpoint, Brooklyn and Maspeth, Queens. It is known as the city’s most heavily polluted waterway and was the site of a huge oil spill in 1950.

This week, Weiner and Velazquez’s offices released a letter from Alan Steinberg, regional administrator at the EPA, informing them that agency will work with the state Department of Environmental Conservation, which is conducting its own cleanup of the creek, to determine what chemicals are present there.

“To address your concerns regarding testing of the abovementioned properties (Phelps Dodge, BCF Oil, Quanta Resources and National Grid), and to define the nature and extent further of the hazardous substances that may be present… EPA will review existing information from ongoing and past environmental investigations,” he wrote.

Following the review of the investigations, the EPA will “develop a sampling plan” to fill in any gaps in data that may be needed to determine whether the Newtown Creek is accepted into the Superfund program. “We anticipate that this effort will take approximately six months to complete. Once the data are collected, EPA will evaluate what additional actions, if any, may be warranted in accordance with CERCLA,” wrote Steinberg. CERLA stands for the Comprehensive Environmental Response, Compensation, and Liability Act, which was the 1980 law creating the Superfund program.

Steinberg notes in the letter, dated August 15, that the state DEC “has investigated a number of sites in this area… that are potentially contributing to the contamination in Newtown Creek… As you know, a major impact on Newtown Creek is associated with oil releases that are being addressed through state enforcement and oversight of cleanup efforts conducted by private parties.”

The state cleanup effort involves an agreement reached with ExxonMobil forcing the company to clean up about 17 million gallons of oil that leaked into the ground and water when a tank exploded in 1950. The spill was discovered by the Coast Guard in 1978, and to date about half of the spill has been cleaned up.

Basil Seggos, chief investigator for Riverkeeper, said the announcement means “a restored Newtown Creek is within reach.” The EPA’s resources “will prove indispensable in protecting the creek and its surrounding communities from a legacy of toxic dumping,” he said.

Weiner called the EPA’s commitment to test the sites “a big win” for residents living near the creek. “These tests will help us find answers to basic questions about the spill’s health and environmental risks, giving this environmental disaster the national attention it deserves.”

In other news related to Newtown Creek, the Brooklyn District Attorney’s office announced recently that an Appellate Court judge has ruled that a case against a cement company accused of illegal dumping can move forward.

In 2005, Brooklyn DA Charles Hynes charged Constantine Quadrozzi and his company, Quality Concrete of Metropolitan Avenue with violating multiple provisions of the state Environmental Conservation Law and with dumping hazardous materials into the creek.

A Brooklyn Supreme Court Justice later dismissed the entire indictment after ruling that Hynes lacked the authority to prosecute cases under the Environmental Conservation Law without the involvement of the state DEC and that there was insufficient evidence to support the charges.

Following an appeal filed by Hynes’ office, the Appellate Division rejected those conclusions and reinstated all of the charges contained within the appeal, the district attorney announced on August 21.

State Warns of Significant Threat at Maspeth Superfund Site

Contamination Poses Risk to People and Environment

By Conor Greene

An industrial property at 57th Avenue and Grand Avenue in West Maspeth is contaminated by chemicals and could pose a “significant threat to the public and environment,” the state Department of Environmental Conservation warned nearby property owners in a letter.

The two-acre property, now home to Corrugated Box, Inc. and Feldman Lumber, was subjected to “hazardous waste disposal” during the years it was used by the W.L.K Corporation. It was enrolled in the state Superfund program last year, and an initial study conducted this March “detected a significant concentration of chlorinated volatile organic compounds in soil samples” collected on the site, according to the DEC.

According to DEC spokesman Arturo Garcia-Costas, the concentrations of chemicals found, which included Tetrachloroethylene, “suggest a potential continuing source of contamination in this area.” In addition, groundwater samples containing “high levels” of chlorinated volatile organic compounds were collected from wells monitoring groundwater and from samples “down-gradient from this part of the site,” said Garcia-Costas.

As a result of the findings, the DEC sent a letter earlier this month to nearby property owners alerting them of the potential danger. “Based on the presence of contamination onsite... this site poses a significant threat,” the July 14 letter warned. It notes that the site has been classified a Code 2, due to the threat level.

The code classification “means that the contamination uncovered represents a significant threat to the public health or environment, which requires action to address or mitigate this threat be taken by DEC at some point,” explained Garcia-Costas. “A Code 1 designation, on the other hand, means that a site represents an imminent threat to public health or the environment and requires immediate action.”

The next step in the process is for the DEC to conduct “a further investigation and feasibility study... to fully define the nature and extent of the contamination and identify the most appropriate remedial action,” according to Garcia-Costas. Part of the effort is a community outreach plan “to insure that the public is aware and engaged in the cleanup,” said Garcia-Costas. “At each stage in the process, the community is made aware [of what is occurring] and fact sheets are sent out.”

He noted that community-based organizations such as community boards are eligible for a “technical assistance grant,” which provides money to help the public “understand the process and be able to participate in the remedial process in the most informed manner possible,” he said.

The DEC was unable to say how long the lengthy cleanup process will take. The letter urges individuals to share the information with other tenants renting or leasing property near the site. However, the DEC said that human contact with “subsurface contamination is unlikely” since the majority of the property is paved over or built on. The DEC also noted that the groundwater contamination does not pose a danger to the public’s drinking water supply.

While 57th Avenue is now a gravel-filled dead-end road leading from Grand Avenue to the lumber yard, local residents recall that is was formerly a main road through the area, and home to a ballpark in the nineteenth century that stood on the site that is currently houses the box company.

An old house across the street from the businesses belonged to James Maurice, founder of St. Saviour’s church, which until recently was located several blocks away, according to Christina Wilkinson. She noted that the lumberyard’s presence is the only thing preventing as-of-right housing from being built at the St. Saviour’s property on Rust Street.