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

Approval Granted for Greenspace at Rundown Intersection

The LIRR has signed off on a plan spearheaded by Councilwoman Elizabeth Crowley to beautify the intersection of Fresh Pond Road and Metropolitan Avenue, which is currently dominated by a run-down building that was formerly home to a newsstand.

Crowley (D-Middle Village) was joined at the site in September by fellow elected officials to call on the LIRR, which owns the property, to allow a community greenspace be created until a plan to develop the area moves forward. That plan has been delayed for years, leaving the structure to deteriorate at the intersection where Maspeth, Middle Village and Ridgewood meet.

“I am excited that the LIRR has approved our plan to clean up and green up the property,” said Crowley in a statement. “For the past decade this abandoned old newsstand has invited graffiti, vandalism and traffic. As one of the busiest intersections in Queens, beautifying this corner will help east traffic tension, reduce crime and attract consumers to surrounding businesses.”

The next step, according to Crowley, is securing funding for the project. Her office is estimating that about $100,000 will be needed to demolish the structure and replace it with greenery and benches. She plans on working with city and state officials, including Assemblymembers Mike Miller (D-Glendale) and Cathy Nolan (D-Ridgewood) in hopes of finding money to complete the intersection’s transformation.

“This is an important community initiative,” said LIRR President Helena Williams. “We are working with Councilmember Crowley to help the community identify a source of funding for removal of the old newsstand building and to develop a green area.”

The intersection is one of the busiest in the borough, with six different bus lines passing through the area each day, along with thousands of vehicles and pedestrians. At a recent hearing on the MTA’s 2014 capital plan, Crowley testified about the property and provided board members with photos of the abandoned LIRR-owned properties. Board members then surveyed the area before approved her proposal.

Eyesore at Major Intersection Might Become Community Greenspace

By Conor Greene

The intersection of Metropolitan Avenue and Fresh Pond Road – where Maspeth, Middle Village and Ridgewood meet – is currently dominated by a rundown newsstand on land owned by the LIRR, and local officials are hoping to turn the property into a greenspace.

Councilwoman Elizabeth Crowley (D-Middle Village) was joined at the site last Thursday by State Senator Joseph Addabbo (D-Ozone Park), Assemblyman Mike Miller (D-Glendale) and community leaders to call on the LIRR to turn the land over to the community until it’s needed for a long-delayed bridge replacement project.

“While we continue to wait for the MTA to finally develop this area, we should be granted the opportunity to beautify this property in the meantime,” said Crowley. “The thousands of Queens residents who pass daily through this intersection have had to look at the dilapidated condition of this property for over a decade. This long-time eyesore hurts the surrounding businesses and stifles the area’s economic growth.”

Under Crowley’s plan, the LIRR would simply give the community approval to knock down the building, clear the site and plant a community greenspace. She estimated the project would cost about $10,000 and could be covered by donations and community volunteers. “This is a reasonably achievable prolocalposal that will benefit the area drastically,” she said.

On Tuesday, LIRR President Helena Williams said agency officials are willing to meet with community representatives to hear their suggestions. “I want to thank Councilmember Crowley and other members of the community for bringing this situation at Metropolitan Avenue and Fresh Pond Road to my attention," said Williams. “While our plans to redevelop the site remain on hold, the LIRR welcomes suggestions for its interim use. We certainly support beautification options and would like to meet with community representatives to hear their suggestions."

The proposal was also supported by Addabbo, who said, “This property means very little to them but a lot to our community.” He said upgrades to the area would benefit the community both in terms of aesthetics and economically, as it will become more inviting to shoppers. “This is a blight. It’s unfair to the residents to face this everyday.

Local Democratic District Leader Tom Bornemann said the current situation has existed for about a decade, during which time several former Republican council members failed to address it. “This was brought to the councilman [at the time] eight years ago and nothing has been done until now,” he said.

Also on hand to support the project was Community Board 5 District Manager Gary Giordano – who noted the $30 million bridge replacement project was supposed to begin in 2004 – and Ted Renz of the Ridgewood Local Development Corp – who recalled that the intersection was formerly home to a train station. “This should be another transportation hub in the future,” said Renz. Assemblywoman Cathy Nolan (D-Ridgewood) also supports the initiative but was unable to attend the press conference.

A city Department of Transportation spokesman was unable to say when the bridge replacement project will take place. However, the department will continue to work with the MTA and LIRR to determine the project’s scope and timing for maintaining the bridge while meeting the needs of the community, the railway and its customers, according to the spokesman.

Crowley said the focus is now on cleaning up the former newsstand property, but noted that a former service station across the street is also owned by the LIRR. “We’ll do this one first and that property will be our second request,” she said.

“They need to take care of the local community, and all it would take is the flick of a pen,” added Miller.

Residents, Business Owners Protest Waste Management Expansion Plan

By Conor Greene

Civic leaders and elected officials gathered in front of Waste Management’s Review Avenue property on Monday to call on the city to reconsider its solid waste disposal plan, which will increase the amount of local truck traffic in West Maspeth.

The press conference, which included Councilman Tony Avella (D-Bayside), Councilwoman Elizabeth Crowley (D-Middle Village), members of the Juniper Park Civic Association and local business owners, was called in response to a plan by WM to expand its waste transfer station under the city’s Solid Waste Management Plan.

Residents and officials are objecting to the plan because it would require the company to truck residential waste from Review Avenue, where it is delivered by city sanitation trucks, to the Maspeth Rail Yard at Rust Street, a trip of about 1.5 miles each way. Instead, the community is calling on WM to either purchase a nearby property that has access to the existing rail line running through the area or the adjacent Newtown Creek, or to at least build a rail spur on the Review Avenue property, which is next to the track.

“This is just one more example of the city not reaching out to the community to find appropriate solutions,” said Avella. “We’re calling on the city to take a second look at this plan and… together come up with a plan that works. This doesn’t.”

The solid waste management plan was approved by the City Council in 2006. Then Councilmembers Eric Gioia, who represented that section of Long Island City and Maspeth at the time, and Dennis Gallagher, who represented parts of Maspeth, both voted in favor of the plan, according to city records.

The facility is currently permitted to receive up to 958 tons of trash per day. Under the new arrangement, the site will be able to handle up to 2,100 tons per day and will typically receive about 1,150 tons per day. As a result, there would be at least 65 round trip truck trips each day between Review Avenue and the Maspeth Rail Yard.

Crowley, who holds Gallagher’s old seat, said she is “outraged” by the current plan and suggested that WM instead look into using other nearby sites that have creek and rail access, such as the former Phelps Dodge property. She said “it’s not fair for our families” to have the amount of trucks in the area increased, especially since the local asthma rate is “through the roof.”

“Waste Management has to go back to the drawing board and come up with a plan that will work for our community,” added Crowley.

Robert Holden, president of the Juniper Park Civic Association, noted that the WM facility is located on contaminated land. “So they’re going to build on a toxic site and then pollute the air,” he said. “This whole plan stinks to high heaven.” He also criticized the city for allowing WM to run public hearings on the proposal. “A private company ran a public hearing notifying the public on what’s to come,” he noted.

Holden called on Mayor Bloomberg, who is seeking reelection to a third term in November, to intervene. “If he wants to be mayor for four more years… We haven’t heard any indication that he wants to work with the community,” the civic leader said.

Maspeth civic leader and business owner Tony Nunziato made it clear that this isn’t a case of residents demanding that the project not take place in their backyard. “We’re not saying keep it out – we’re saying put it in the right spot… This is not a case of NIMBY,” said Nunziato. “It’s an easy request.”

Richard Sherman, the second generation owner of Williams Valve Corporation – located on one side of the driveway used by WM to access the facility from Review Avenue – accused the city of ignoring the needs of small businesses. “When it comes to us, they don’t really care,” he charged. “They’re going to permit the expansion of a toxic waste dump… We feel as taxpayers that we have the same rights as anyone else.”

While the WM expansion will only create about 10 additional jobs, Avella pointed out that there ultimately will be a net loss of jobs in the area because neighboring employers are leaving the area as a result of the project. He lamented that the city continues to ignore the input of those living and working near the site. “These people have good suggestions – it’s time [the city] started listening to them.”

Last week, a WM spokeswoman said the company is taking into account the community’s input but wouldn’t say if construction of a rail spur or the purchase of a nearby site is being considered. “We continue to listen to the community comments regarding the Review Avenue project and are evaluating our future options in response to these concerns,” wrote Rachel Amar. “Waste Management can’t speculate on the basis of any rumors.”

A LIRR spokesman said the agency has "not yet received any specific proposal" on allowing WM to use the tracks and will evaluate the plan once it is officially presented.

Bloomberg Talks Transit During Queens Campaign Stop

By Conor Greene

Borough residents would have greater public transportation options under a plan unveiled this week by Mayor Bloomberg, marking his first major proposal of this year’s campaign.

The mayor stopped at the Glendale Diner on Tuesday to discuss the transit plan and other issues with supporters. The plan, formally announced on Monday, includes reopening shuttered LIRR stations in Glendale, Richmond Hill and Elmhurst, expanding the CityTicket program, exploring the use of light rail or street cars in western Queens and expanding ferry and commuter van service to link residents to mass transit.

“None of these things are things that people don’t know about or haven’t talked about before or haven’t done elsewhere, its pulling them all together and actually doing something,” said Mayor Bloomberg during the half-hour stop at the Myrtle Avenue diner, where he was joined by supporters including City Council candidate Thomas Ognibene and Community Board 5 Chairman Vincent Arcuri.

“Building a superior mass transit system is critical to middle class New Yorkers and the future of our city. As our city grows, it becomes more and more important to have a system in place that is efficient, accessible and cost-effective,” said Bloomberg, adding that borough residents “deserve better and cheaper service.”

Other elements of the plan include electronic message boards alerting riders of the next arriving bus or train, gateless tolls at MTA bridges and tunnels, free crosstown buses on some Manhattan bus routes and reinstituting F train express service. “The whole economy is dependant on getting people where they need to go,” said Bloomberg. “We have to find ways to get people from Queens… to the central business district.”

For Queens, one of the biggest aspects of Bloomberg’s plan includes once again offering LIRR train service at three of the 10 stations shuttered in 1998. According to published reports at the time, the decision to discontinue use of the Glendale, Richmond Hill and Elmhurst stations, along with seven others, came because low passenger volumes didn’t warrant spending between $260,000 to $2.25 million needed to renovate each station.

When asked how projects requiring infrastructure upgrades would be funded at a time when ticket prices are rising and service is being reduced, Bloomberg indicated that increased fares would likely off set the costs. Conceding that “there’s always costs with everything,” he argued that the necessary infrastructure improvements would be “relatively little” since the tracks already are in place and trains already run through the area. “We would probably get enough extra revenues… to pay for operating costs.”


Ognibene, who has the mayor’s backing in his challenge to Councilwoman Elizabeth Crowley (D-Middle Village), said the plan “has some great ideas for the city, especially Queens.” He specially hailed the idea of reopening the Glendale LIRR station, calling it a “great, great idea” that should have little negative impact on the community.

In response to a question about possible backlash from residents near the tracks, Bloomberg argued that “nothing in this city goes without somebody having a problem with it.” He noted that commuters from the suburbs favor having less stations in Queens but said he doesn’t “think we can afford that ‘let’s favor one group over another’” attitude. “We all have to make sacrifices in tough times,” he added.

Arcuri expressed hope that renewed focus on LIRR service in Glendale might lead to safety improvements the community has been seeking for years at various rail crossings.

Following the unveiling of Bloomberg’s transit plan, city Comptroller Bill Thompson, the likely Democratic nominee to challenge the mayor in November, issued a statement ripping the MTA’s performance over the past eight years and accusing the mayor of stealing old ideas.

“Under Mike Bloomberg’s watch MTA fares have gone up 50 percent, New York straphangers pay the highest percentage of mass transit costs in the nation, and buses and subways continue to be both dirty and unreliable,” argued Thompson’s campaign. “This plan is full of empty promises and stolen ideas such as CityTicket which was proposed by Bill Thompson in 2006 and 2009. As mayor, Bill Thompson will not only offer concrete plans to address our city’s transit issues, unlike Mike Bloomberg, he’ll actually execute them.”

The Thompson campaign also argued that Bloomberg’s four appointees to the MTA board “have never stood up for riders” and recently signed off without objection on eliminating many station attendants, and approved extensive service cuts before the state stepped in and bailed out the struggling authority.

Conversely, in a press release touting his transit plan, Bloomberg’s campaign noted that the mayor has identified $247 million in savings by cutting MTA waste and bureaucracy.

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.

Senate MTA Rescue Plan Ripped

Commuters Face 23% Fare Hike; MTA Sets March 25 Deadline

By Conor Greene

A plan by Senate Democrats to rescue the Metropolitan Transportation Authority that would have reduced the looming fare hike and prevented tolls on East and Harlem river bridges was dismissed by Governor David Paterson as a short-term solution to a long-term problem.

The MTA’s 2009 operating budget includes a $1.2 billion deficit, and the agency has said it will raise bus and train fares by 23% in the coming months unless the state bails it out. Senate Majority Leader Malcolm Smith said Tuesday that his plan could maintain current levels of service while raising fares by 4% through implementation of a payroll tax.

“Particularly during these times of severe economic distress, it was absolutely essential that we protect working families’ access to an affordable and reliable means of mass transit with an MTA recovery plan that minimizes fare hikes and prevents the loss of services and jobs,” said Smith.

Facing the growing budget deficit, the MTA initially proposed extensive service cuts and fare increases of up to 23%. Last year, Gov. Paterson appointed former MTA Chairman Richard Ravitch to make recommendations regarding the way in which MTA is funded. That group recommended a payroll tax of 33 cents per $100 of payroll within the 12-county region the MTA serves, an 8% fare increase and tolls on the East and Harlem river bridges.

Under the Senate Democrat’s plan, the payroll tax would be reduced to 25 cents per $100 of payroll (expected to generate $1.16 billion) and an increase of 4% for MTA, Long Island Railroad and Metro-North riders (expected to generate $117 million). Under the senate’s plan, all potential service cuts will be restored and no fares would be placed on bridges.

During a press conference in Albany to announce the rescue plan, Smith said it is clear that the MTA currently has separate shortterm and long-term problems to address. “What they have done is basically linked the short-term and long-term problems together, which we believe is not a sound practice,” he said, adding that the short-term problem is in regard to the authority’s operational budget, which will run out of money by June 30. The capital budget, which Smith said is the longterm problem, is financed through 2010.

“The last thing we wanted to was write a blank check to the MTA when our state could least afford it. Through a deliberative process and the insistence on greater measures of transparency, our conference was able to determine the best course of action to address the MTA operating budget shortfall and assure New Yorkers that their money would be spent wisely,” said Smith. “We don’t want to have an AIG situation with the MTA.”

However, it was the Democrat’s focus on just the short-term operational shortfall that concerned Gov. Paterson, who has backed the Ravitch Commission’s recommendation. “The solution must be taken now,” he told reporters after Smith’s plan was announced. “Unfortunately there seems to be a belief that these types of issues can be deferred into some sort of future activity. This is what’s gotten Albany in trouble time and time again.”

In addition, Dale Hemmerdinger, MTA chairman, claimed that the Senate plan will still leave the authority $1 billion short. He said that under the Senate plan, fares would have to be raised by 17 percent, not 4 percent. MTA officials have said they are ready to vote next Wednesday to move forward with planned service cuts and a 23% fare hike if state leaders can’t come to an agreement on a rescue plan.

Resident Seeks Relief from LIRR Noise

By Conor Greene

Tired of constantly being subjected to blaring horns from trains passing by on the LIRR tracks behind his apartment, a Forest Hills resident has turned to the local community board for help.

Russ Gundlach, who lives in a fifth-floor unit in the Tennis View Apartments building along Burns Street, approached Community Board 6 last week with a petition from residents asking for help in convincing the Long Island Railroad to rebuild a wall that was demolished in October.

The problem began in October 2007 when the LIRR cut down a number of large, healthy trees, many at least 80 years old, that had served to block some of the noise coming from the tracks. The situation was exacerbated last September, when the railroad removed an eight-foot wall at the top of the embankment near the tracks along Burns Street. While the wall wasn’t built as a sound barrier, it served that purpose and its removal has made noise from the tracks much louder for nearby residents, said Gundlach.

“It’s very disconcerting to have an outside force or entity so close to your property that pretty much feels it can do whatever it wants without consulting the neighborhood,” he said. “We’re always reacting to what they do instead of giving our input… It’s devastating, the noise, vibrating and sparks.”

According to an LIRR spokesman, the wall along Burns Street was removed “after an inspection determined it was unsafe and could not be rebuilt.” The spokesman, Salvatore Arena, noted that while it isn’t clear why the wall was built in the first place, “it was never intended as a sound barrier and the LIRR has no plans to replace it.”

Regarding the cutting of trees, which helped block both noise from passing trains and the view of the tracks, Arena said the agency is “involved in ongoing discussions with the community about landscaping the area.” In the meantime, the LIRR “is doing everything possible to reduce the use of train horns and their decibel level without compromising safety.” Those efforts include a recent amendment to the LIRR’s operating rules to reduce horn use and installation of a muffling-type device on its M-7 trains.

Gundlach said that residents had been under the impression that the wall would be replaced, as the LIRR told them that work must be completed before the area is landscaped. However, they found out in October that the wall wouldn’t be replaced. “It’s been going on for over six months, and I cannot get used to this,” he said. “I certainly got used to the noise for the past nine years [before the wall was removed] and it didn’t bother me.”

Congressman Anthony Weiner (D-Queens, Brooklyn) said in a statement that a sound barrier should be installed along the tracks. “The LIRR has long been an uneasy neighbor to the residents of Forest Hills Gardens. We need a hearty sound barrier where the crumbling wall once stood.”

For Gundlach, the situation has left him unable to find peace and quiet in his own home. “I’m having a hard time justifying staying there, but the problem is I truly love my apartment,” said Gundlach, who dreamed of living in the Gardens while growing up in Woodside. “It was always like a fairytale land, always a place I wanted to live. The Gardens allowed me to buy something and be pretty much assured it wasn’t going to change.”

Noise from trains passing through Forest Hills has become a problem since the Long Island Railroad removed trees and a wall from an embankment along Burns Street, according to a resident. The Forum Newsgroup/photos courtesy of RUSS GUNDLACH

Woman Still Fighting for Life after Struck by Falling Tree

HIT WHILE WALKING ALONG MYRTLE AVENUE

by Conor Greene

RIDGEWOOD – In a split second, a stroll down Myrtle Avenue in Ridgewood turned into a fight against death for a city corrections officer who was struck in the head by a large tree which fell from an elevated freight yard last weekend.

Donna Rypkema, a 10-year veteran of the Corrections Department, was transferred last Monday night from Wyckoff Heights Medical Center to New York-Presbyterian Hospital in Manhattan for surgery to relieve life-threatening brain swelling.

There was no further information on her condition as of press time on Wednesday.

She was struck on the head Sunday afternoon as she walked along Myrtle Avenue near the intersection of Fresh Pond Road. The tree, which appeared to be dead, fell from a yard adjacent to Long Island Railroad tracks that is leased by New York and Atlantic Railway.

Witnesses said it is common for smaller branches to fall from the yard onto the sidewalk below, where Rypkema, 38, was struck. “There are always branches falling from there,” one resident told NY1. “Never that size, but always branches falling down. It’s sad that this is probably what it takes to have somebody come up there and cut all that down.”

Rypkema, who is assigned to Rikers Island, was walking through the street fair on her way to meet her sister for manicures when the 20-foot tree uprooted and fell down the hillside onto her. She went into cardiac arrest as shocked witnesses looked on and was rushed to the hospital in critical condition.

Witnesses said they heard a crack and then screaming as the tree struck the woman, who immediately began bleeding profusely as her sister screamed for help. “It was like something out of a movie,” said Eli Kairey, who owns a store near the scene. “I’ve never seen anything like it.”

Francisco Rodriguez said that the tree came down right after a train passed by. Residents believe it was the vibrations from by the train together with the weakening of the roots beneath the dead tree that caused it [the tree] to topple to the ground below . “So when the train went by, it collapsed,” he said. “It broke into pieces when it fell.”

Other parents said that they purposely avoid walking under the freight yard because the tree was leaning precariously over the sidewalk. “I’m a paranoid father, so I don’t want anything to happen to my son,” said Scott Lopez. “So I stay away from this area.”

In the days following the accident, family and about 100 co-workers remained by Rypkeman’s hospital bed in Wyckoff Heights and in the chapel until she was transferred to Manhattan.

“She is by all accounts a revered, beloved, and very popular corrections officer,” Correction Department spokesman Stephen Morello told reporters outside Wyckoff Hospital.

Her husband and 15-year-old son were initially too distraught to speak with reporters, according to the Corrections Department. Her husband, Louis Abreu, later told the Daily News, “What can I say? It’s a tragedy... She’s well loved by a lot of people. She’s a very good woman.”

Her brother, Michael Rypkema, told the newspaper that CAT scans revealed that her head injury was causing brain swelling, a potentially life-threatening situation that led to her transfer to New York-Presbyterian Hospital. “They’re going to try and reduce the swelling,” he said. “Right now, we’re really just concerned about my sister.”

Paul Victor, president of New York and Atlantic Railway, didn’t immediately respond to a message seeking comment on the accident. He told WCBS-TV, “I’ve been in this business my whole life... Never have I seen anything like this worldwide.”

He said that recent rains might have caused the tree to fall and disputed witness accounts that a freight train had passed through at the time of the accident. He said that the company’s GPS system shows that it had been more than two hours since a train had been in the area. “If we are responsible, I’m sure we will live up to our responsibilities,” he said.

Above: Paramedics rush Donna Rypkeman into Wyckoff Heights Medical Center after the she was struck in the head by a falling tree.
Left: An officer stands at the scene at Myrtle Avenue.
The Forum Newsgroup/photos by ROBERT STRIDIRON