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.

Willets Point Land Owners Rally Against Eminent Domain

By Conor Greene

With the city ready to begin the process of using eminent domain to seize private property at Willets Point, land owners are vowing to “fight to the bitter end” to retain ownership of their land.

Councilman Tony Avella (D-Bayside) and a group of Willets Point property owners gathered in front of Shea Gas Station on 127th Place on Monday to call attention to what they say is hypocrisy on the part of the city. Property owners claim the city told them that negotiations for properties in the project’s second and third phases are on hold, but has since signaled that it is moving forward with eminent domain.

The city plans to acquire the land at the 62-acre site adjacent to CitiField to pave the way for a glitzy redevelopment featuring housing, restaurants, retail, a hotel, convention center and other amenities. In November, City Council voted to approve the project, which just two members – Avella and Charles Barron – voting against it. Councilwoman Elizabeth Crowley (D-Middle Village), who was not in office at the time of the vote, refused to discuss her feelings about the project or her opinion on the potential use of eminent domain.

While property owners have yet to receive a formal letter informing them that the city intends to seize the property, several say their employees were approached by representatives of Cornerstone Realty Group, which is assisting the city in its efforts to relocate the businesses. In addition, the city has scheduled a public hearing on June 22 in Flushing Town Hall, which is the first step in the eminent domain process.

“Here we go again to show the hypocrisy of Michael Bloomberg and the Economic Development Corporation (EDC),” said Avella. “While they keep saying they’re going to negotiate fairly… all of a sudden they have an outside consultant going door to door.”

He said that the EDC was on the phone with his office within 15 minutes after he announced the press conference last Friday. They wanted to assure him that the city is not yet proceeding with eminent domain, which led him to wonder who it is that is contacting the business owners. “It’s amazing the hypocrisy and how they talk out of both sides of their mouths… Michael Bloomberg is a traitor to the American dream and to democracy in this city.”

According to a May 26 press release, the EDC has reached deals for about 40 acres of the 62-acre site after striking agreements with two more property owners. The city “will continue to reach out to business and property owners in Willets Point to negotiate fair acquisition agreements,” the EDC said in the statement.

However, in many of those property owners’ minds, the city is not negotiating in good faith since it is holding the threat of eminent domain over their heads. “The only reason anyone has sold them property here is because of the threat of eminent domain,” said Jake Bono, who accused the city of threatening, “If you don’t sell your property, we’re going to take it.”

Avella agreed that the city is using the threat of eminent domain to force property owners’ into reaching a deal. “Holding over their heads the threat of eminent domain is not fair negotiating… This whole thing has been a joke and a disaster from the beginning.”

Property owner Irene Presti Giacomo said that the property is the sole source of income for her and her daughters since her husband passed away. She pointed out that Bloomberg has made helping women business owners a part of his campaign, and wonders why that doesn’t apply to her. “I’ve been paying taxes here for years for services not delivered,” she said. “My property is not for sale. If they take my property, what happens to me?”

Jerry Antonacci of Crown Containers took exception with Bloomberg campaign literature touting his programs to help small businesses, which the mayor claims is the “bread and butter” of the city’s economy. The “reality,” said Antonacci, is that the administration is steamrolling 250 small businesses, eliminating 1,500 jobs, condemning 59 properties in an effort to cater to politically-connected developers. “We’re the only one fighting. He isn’t fighting for us,” said Antonacci.

The property owners have filed a lawsuit in hopes of forcing the city to stop moving forward with eminent domain. “This is a land grab to give to the development community, and they’re going to make a huge amount of money off the blood, sweat and tears of the property owners, and that’s un-American,” said Avella. “This is going to be a fight to the bitter end.”

Maspeth School Debate Rages On

Emotional Hearing on City Proposal and Use of Eminent Domain

By Conor Greene

The debate over the city’s plan to build a high school in Maspeth continued during an emotional public hearing pitting residents opposed to another school in the crowded neighborhood against parents and teachers who support the proposal.

The hearing last Thursday in PS 58 centered on the city’s possible use of eminent domain to acquire the former Restaurant Depot site on 74th Street and 57th Avenue to build a 1,100-seat high school. However, the hearing continually reverted into a debate over whether the site is appropriate, since there already are two schools within a two block radius of the proposed site.

While the meeting at times got heated, those on both sides of the fence were able to agree on one thing, as many speakers expressed outrage that the city held the meeting at 4 p.m. on a weekday. As a result, the small auditorium was not even half filled for the meeting, while prior meetings on the hot button issue held in the evening attracted large crowds.

Dorie Figliola called the meeting’s timing a “disgrace,” drawing loud applause, and Manny Caruana said it was an “outrage” it was held while so many residents with a stake in the issue were at work. “You virtually silenced the voice of the homeowners in the area,” he told the School Construction Authority official running the meeting. “This is the way SCA works.”

A department spokesman was unable to explain the rationale behind holding the meeting in the afternoon by press time Wednesday. However, SCA attorney Gregory Shaw previously told The Forum that the meeting was not held at night because “most people are not interested” about whether eminent domain should be used.

The meeting was solely a public hearing, with no formal action taken. Residents took the opportunity to debate the plan, with the majority arguing that the area is already over-saturated with schools, bringing thousands of students onto the streets in the morning and afternoon. Those in favor of the plan argued the area desperately needs additional high school seats and that children should have the chance to continue their education close to home.

Lorraine Sciulli, a member of the Juniper Park Civic Association’s executive board, said she is “totally opposed to this school at this site” and questioned the Department of Education’s claim that it will serve just 1,100 students, as the plan initially called for 1,650 seats. “Yes, they all deserve an education, but they don’t have to have it in Maspeth,” she said. “Why does Maspeth have to be the school campus of District 24?”

Tony Nunziato said the DOE and SCA should have notified Community Board 5 of the hearing, which was not advertised in local papers. “We’re talking about overdevelopment, over-saturation,” he said, adding that eminent domain should come as a last resort for projects that benefit the public at large.

Many, including Anthony Moreno of 56th Avenue, made it clear they support education, but don’t think this location is appropriate. “I’m in favor of education – no doubt about it,” he said. “I’m here to oppose this site and to oppose eminent domain.” The CB 4 member suggested that the DOE instead look into property on 57th Avenue near the Queens Center Mall, which is close to many public transit lines.

Dermot Smith, a teacher at IS 73 and Maspeth resident, said he supports the plan and claimed that opponents of the plan were using the eminent domain issue to “manipulate your thoughts.” The reality, he said, is that “Queens high schools are bursting at the seams… We cannot give kids a quality education unless they have seats… Don’t be mislead, schools are a good thing.”

Marge Kolb, who heads the CEC 24 PTA Presidents’ Council, said there is a “lot of support among parents” for the project. “We can fill this school with kids who live in this immediate area,” she said, adding that while there “are not a lot of houses” around the site, “these people bought houses across from a big commercial enterprise.”

Rosemary Parker said she felt like she was in an “alternate reality” listening to critics of the proposal. “I’m really sorry I had to be here tonight to take this abuse and be in Archie Bunker’s house,” she said, drawing yells and groans from many in the audience.

Despite requests that the school be zoned for local students, the DOE has refused to do so because it is against department policy. Department spokesman William Havemann said the DOE will consider giving priority zoning to local students before opening enrollment to citywide residents. The current plan gives priority to students throughout Queens.

Several residents criticized the city’s potential use of eminent domain to acquire the site, which the DOE says might be necessary because the property owner hasn’t responded to inquiries about the property. Rosemarie Daraio, president of Communities of Maspeth and Elmhurst Together, said she is disappointed that the DOE is “once again coming in to eminent domain another piece of property,” adding that the school would be “devastating for the community.”

At one point, the hearing – conducted by a sole SCA official – melted down into a shouting match at the back of the auditorium. Tempers also flared when several speakers referred to the students as “monsters” and complained that teachers block driveways and throw garbage out their car windows. With the SCA official seemingly unable or unwilling to bring the meeting under control, CB 5 District Manager Gary Giordano stepped up to the microphone and eventually brought the meeting under control.

With just the one official in attendance, some including JPCA President Robert Holden questioned if the hearing would have any impact on whether the DOE will move forward with the plan, calling the meeting a “sham.”

Havemann said the purpose of the hearing was “to get public feedback before we make a decision as whether or not to use eminent domain, as required by law.” Since it is “just not feasible to have every member of the SCA at every meeting,” the lone official later “relays the feedback to other members.” If they need more information, members can then review a transcript of the hearing.

A City Council Land Use subcommittee hearing on the proposal was postponed earlier this month and will likely take place within 30 days. It would then go to the full City Council for approval, and local member Elizabeth Crowley (D-Glendale) said she won’t support the plan unless priority is given to local children.

Hearing on Maspeth School Postponed

Crowley Vows to Fight for Local Priority

By Conor Greene

The debate over whether the city should build an 1,100-seat high school on the former Restaurant Depot property in Maspeth will rage on for at least another month.

This week, a City Council land use subcommittee agreed to delay a hearing on the proposal for thirty days at the urging of Councilwoman Elizabeth Crowley. That gives the community more time to iron out several issues before the city seeks approval to build the facility on land at 57th Avenue and 74th Street.

Meanwhile, the city’s attempt to buy the property is moving forward on a parallel track, according to William Havemann, spokesman for the Department of Education. As reported in last week’s Forum West, a meeting is scheduled for 4 p.m. today (Thursday, February 26) in PS 58 on Grand Avenue regarding the city’s possible use of eminent domain to acquire the land from owner Lucky Star Elmhurst LLC.

“The process for getting the school site and the proposal approved by the City Council is slightly different than the actual process of acquiring the site,” explained Havemann. “So far, we have not been able to reach an agreement with the property owner, so we’re laying the groundwork to use eminent domain to acquire the site if needed.”

He said the department has had “ongoing communications” with Lucky Star Elmhurst, which purchased the industrially-zoned property for $12.6 million in 2006, but declined to characterize the discussions.

However, Councilwoman Crowley said her support for the project hinges on whether the DOE will guarantee that it will serve local children. “My stance on the school has never changed,” she said during an interview on Monday. “We need to make sure it is primarily for locals.”

Crowley said that a recent meeting with the office of Schools Chancellor Joel Klein “did not go very well” due to her stance that she will not support the project “if [DOE] can’t guarantee those seats are for our community.”

While it is rare that a councilmember wouldn’t support a school project in their district, Crowley vowed to take that step if the project isn’t going to serve local children. “We have to come to some kind of consensus if it is built. I hope we do because I think there is a need for more seats.”

The DOE, however, has a citywide policy against giving high schools local zoning, and instead prefers to leave them open to students around the city – especially as many are themed schools that have a specific focus.

“We believe very strongly on choice at the high school level,” said Havemann. “I don’t want to take anything off the table, but I do want to say that we’ve never done it in the past and it is bad policy.”

However, the DOE also has “not taken off the table the idea of giving priority to students within the district,” said Havemann, adding that there is a “subtle but important difference” between the two classifications. Under the current plan, priority would be given to all Queens students, with any remaining open seats being offered to students citywide. However, the DOE will consider giving that priority to District 24 students first, said Havemann.

The new school is scheduled to open in the fall of 2012. The original proposal – which was overwhelmingly rejected by Community Board 5 – called for 1,650 seats serving both intermediate and high school students. The DOE later came back to the community with the current proposal, which includes 1,000 high school seats divided into two smaller schools along with an additional 100 seats for special education students.

Even if priority is given to District 24 students, there remains a segment of residents who argue that this site is not appropriate for a school. Robert Holden, president of the Juniper Park Civic Association, noted that there already are two schools within three blocks of the proposed site and fears the area will become oversaturated with youngsters. He also is weary of any promises the DOE makes in order to win community support for the school.

“The danger is they can promise you anything, but once it is built, what are you going to do when they change that,” argued Holden. “It’s a slippery slope. They can promise you stuff, but delivering is something else. They don’t want to make exceptions, but to get it built these people will promise you anything. But to deliver is another – they’ll come up with anything.”

Holden has also expressed concern at public meetings that the amount of seats will actually be closer to the 1,650 originally planned for once the building is completed. He pointed out that the city’s public notice advertising public meetings on the issue refer to the project as having “approximately” 1,100 seats.

According to Havemann, the proposal will go back before the City Council land use subcommittee in about thirty days. If it is approved at that point, it will go to the full City Council membership for final approval. “If it is approved we then move ahead, either with eminent domain or if we can reach an agreement with the property owner.”

Recognizing that the area’s councilmember is currently not on board with the project, Havemann conceded, “I think it would be fair to say that usually a proposal will go forward only with approval of the local councilperson… Our priority is to make sure this district gets another high school, as District 24 is one of the most overcrowded in the city. We hope we can work with the councilwoman to get this done.”

Willets Point Critic Agrees to Maspeth Relocation

Crown Container Inks Deal with City EDC

By Conor Greene

One of the most vocal opponents to the city’s plan to redevelop Willets Point has reportedly agreed to make way for the project and relocate to a Maspeth site.

Jerry Antonacci, owner of Crown Container, has agreed to sell his 23,000-square-foot property to the city, according to several published reports. Under the agreement, the waste transfer company started by his father in 1959 would move from 34th Avenue to a location in Maspeth.

The city’s Economic Development Corp, which is overseeing the city’s ambitious plan to redevelop the industrial area near Shea Stadium into housing, retail and office space, has yet to formally announce the agreement with Crown Container, which was first reported last week.

Antonacci was on vacation this week and unavailable to comment on the reported deal. However, he told Crain’s New York Business, “All I can say is it’s a very good deal… The last couple of weeks we put a lot of time in, and we got it done.”

The deal with Crown Container would mark the fifth agreement the EDC has signed with the approximately 250 businesses based in Willets Point. Many owners have publicly expressed concern that the city will use eminent domain to seize their land if they don’t enter into an agreement.

While the exact location in Maspeth hasn’t been announced, it will likely be in an industrial area near Grand Avenue and 48th Street near the Newtown Creek, currently home to a number of businesses.

Sources are speculating that the city will wait until after Labor Day to announce several deals at once, according to a recent report in Crain’s.

Up to this point, Antonacci had been one of the most outspoken members of the Willets Point Industry and Realty Association, which is a group of landowners opposed to the city’s redevelopment plan. He has withdrawn from that group now that he has reached a deal with the city, but said he is still concerned about the threat of eminent domain.

“I don’t want to see eminent domain used on anybody,” he said. “I hope the city treats everyone else as good as they treated me. If they do, maybe you won’t see so much fight,” he told Crain’s.

Kosciuszko Replacement Delayed Again

Business Owners Left in Limbo

By Conor Greene

MASPETH -- The state has decided to replace the aging Kosciuszko Bridge with two parallel structures, but the effort has once again been delayed, to the frustration of property owners being forced out for the project.

Businesses and homeowners that will be displaced were informed that the project has been delayed for about two months so that the federal government can review the project’s timeline and costs, according to the state Department of Transportation.

The latest bad news for property owners comes after the project was already delayed for six months by the Historic Preservation Department, which had argued that the aging span carrying the Brooklyn Queens Expressway over the Newtown Creek between Maspeth and Greenpoint should be saved.

When breaking the news of the delay to business owners, state DOT officials were able to inform them that a decision has been made regarding the new structure’s design. It is expected to cost $630 million to demolish the existing structure and replace it with two parallel bridges. The construction phase is expected to begin in 2011 and take about five years to complete.

The plan is to build a four lane span, demolish the existing bridge, and then complete the second span. For the several dozen businesses and three homeowners that must move to make way for the project, the latest delay is beyond frustrating. George Kosser, vice president of Karp Associates, said the news is “very difficult on us and upsetting” because it has prevented them from purchasing a new piece of land elsewhere. “For the past 18 months we have been looking for buildings,” he said. “We recently found one that is a good fit, but we can’t move on it.”

According to the state DOT, the current delay is due to federal regulations requiring that state projects costing at least $500 million must under go a “risk assessment.” The federal review is expected to take place by the end of this week, in hopes that DOT can submit its formal plans to highway officials in Washington.

"It was unexpected," said state DOT spokesman Adam Levine. "We had spoken with the New York division office of the Federal Highway Administration, which said it wouldn't be a requirement, but the Washington office stepped in and said we have to."

The feds first told the state DOT that the study couldn't take place until October, but then agreed to perform it immediately, according to Levine. "We told them, and the division office told them that it is unacceptable because we are so close to completing the environmental study. It could have been worse, but it still is not anything we're pleased with."

With 100 employees, Karp Associates, which has been in Maspeth for 52 years, is the largest of the companies being forced to move. Before the project was announced, the company purchased additional land near its current location at the foot of the bridge so that it could expand its operations. “We had already hired an architect over four years ago, and then heard about the potential for the project and put everything on hold,” said Kosser. “We’re overcrowded beyond belief internally, and it’s hurting us.”

The problem now is that Karp can’t move ahead with a purchase of new land until it is assured that the project is moving forward, otherwise the funds currently earmarked to relocate businesses won’t be available. “Any risk that we take prior to the formal commitment from the DOT to us is strictly at our risk,” Kosser said. “If I go and buy a building and they don’t [move ahead with the project], I don’t have any recourse.”

Kosser indicated that any further delays might force Karp’s hand and force ownership to move ahead with the expansion project. That in turn would cost DOT money, as the amount they must compensate Karp for taking the land would increase. “I can’t stop forever,” he said. “We cannot continue down the path we have taken up until this point if the DOT can’t give us a firm date we can hold.”

The DOT says it sympathizes with the property owners and understands that “delay and uncertainty make it difficult to move forward with new leases.”

For Kosser and business owner Adam Gold, one positive of the whole ordeal has been the support it has received from the community. “We are overwhelmed,” said Kosser. “The residents and people from the community board literally stood up at meetings and told the DOT it was unfair what they are doing to Karp and other businesses. When [the process started], we thought for whatever reason that the community would never care about that happened to businesses. The community has been unbelievably supportive of our position, I can’t say that strongly enough.”