Three-Alarm Blaze Guts Church in Richmond Hill

By Patricia Adams

A fast-moving fire spread through the Deeper Life Christian Fellowship Church on Thursday afternoon at 91-44 111th Street in Richmond Hill, destroying the church and severely damaging two neighboring homes.

More than 135 firefighters were called to the scene, where it took over six hours to put down the three-alarm blaze. Fire officials said the fire started at the around 2:24 p.m. after crews were called out to investigate downed wires from an electrical pole across the street.

Witnesses at the scene say that a large tree splintered in the strong wind, crashing into the pole and sending a tangled mass of wire down into the street. Firemen investigating the fallen tree and wires noticed smoke com- ing from the church and immediately sprung into action. But a short along the electrical lines in the wooden church led to a rapidly spreading blaze and firemen were forced to evacuate.

Rev. Charles Sadaphal, whose father is the founder of the People Life Christian Fellowship Church, was at the scene as the fire raged. “I think it’s the grace of God that this happened at a time when there was no activity in the church,” he said. Sadaphal told reportersthat the Pentecostal church was home to more than 500 congregants.

Dep. Asst. Chief John Sudnik explained the dangerous conditions at the scene, “Fires in churches are very difficult to fight because of all the concealed spaces. “We had to pull all the units out of the building due to the fire conditions. It got too dangerous to continue with an interior operation so we went to an exterior operation.” Five firefighters suffered minor injuries trying to bring the fire under control.

Representatives from the Department of Buildings (DOB) were on hand to examine all structures involved for stability while ConEd crews worked to sort out the downed lines and restore lost power to the area.


The Parks Department was at the scene and returned the next morning to remove the remainder of the downed tree and also to check other trees on the block for any stress weakness that may have been caused by recent strong pattern winds. Neighbors say they had previously complained to the Parks Department about the tree being dead but a spokesperson from the agency, Trish Bertuccio, told The Forum, “The tree was alive and was properly attended to by Parks.”

Fire marshals are investigating the fire but officials say it was likely the strong winds that caused the tree limbs to snap and spark the blaze.

Board Seeks Demolition of Glendale Building

CB 5 Claims Multi-Family Home Violates Zoning

By Conor Greene

The local community board wants the city to force the owner of an occupied three-family home to dismantle the structure because it violates a host of zoning laws, wasn’t built in accordance with submitted plans and doesn’t have a certificate of occupancy.

Community Board 5 “decided to be quite proactive” in regards to the situation at 78-46 79th Place in Glendale, according to Walter Sanchez, chair of the board’s Land Use Committee. A garage serving the multi-family unit next door was replaced with a three-family building, which the board claims doesn’t conform to either the R5 zoning in effect prior to the March 2006 area rezoning or the current R4-1 regulations.

Sanchez reported at the November board meeting that District Manager Gary Giordano wrote a letter to the Buildings Department about the concerns, which include lack of parking, work without a permit and violations of front and side yard regulations. The board is “really concerned about the safety of the people inside” in light of recent fatal fires, said Sanchez, especially since it involved self-certified plans. “We want to put it on the record,” Sanchez said of the letter, which was copied to area elected officials.

“After additional review, our [committee] remains concerned and quite sure that the three family home constructed at the property in question complies neither” with the current or previous zoning, wrote Giordano. “To our knowledge, self-certified plans were filed... for the conversion of an existing two-family house to a five-family dwelling. In actuality, what has been done is to demolish the garage serving 78-44 79Place and build a three-story dwelling where the garage was.”

As a result, neither property now has off-street parking, which is required. Further, the garage was torn down without a permit, which the owner only obtained after receiving a violation, according to Giordano. A stop work order “related to this questionable construction” was issued in November 2008, and the property still doesn’t have a valid certificate of occupancy, wrote Giordano, adding that it is “very questionable” whether the property meets yard setback requirements.

The advisory board voted 38 to 0 in October in favor of having the building dismantled. Last week, a DOB spokeswoman said a stop-work order had been issued at the fully-completed building and that the application was being reviewed. When asked what course of action, including demolition, was possible, she said an inspector would visit the property and determine an appropriate course of action.

No updates regarding recent inspections have been posted on the DOB online records, and the department did not respond to a followup inquiry this week. On Wednesday, Giordano said he is still awaiting a response to his letter.

Queens DOB Official Charged with Corruption

An investigation into corruption within the city Buildings Department has extended to Queens with the arrest of the borough’s former Chief Plan Examiner, who resigned last month.

The city Department of Investigation announced the arrest of James Cheng on charges of accepting cash payments from a Flushing architect in exchange for reviewing buildings plans before they were submitted to the Buildings Department.

Cheng, 55, of Woodmere, was a former Chief Plan Examiner with the DOB until he resigned in November. On Monday, the DOI announced that Cheng has been charged with receiving reward for official misconduct, a felony, and official misconduct, a misdemeanor for allegedly accepting cash payments from Sung Ho Shin, a state registered architect.

Shin, 49, of Syosset, has been charged with giving unlawful gratuities, a misdemeanor. Upon conviction, the felony charge is punishable by up to four years in prison and the misdemeanor charges by up to a year’s incarceration.

“As charged, these defendants betrayed their professional responsibilities and brazenly disregarded the rules,” said Rose Gill Hearn, commissioner of the DOI. “everyone should know that offering and accepting money in exchange for a city employee giving preferential service is a crime that will end in arrest and prosecution.”

Cheng, who is also a state certified architect, began working at DOB in June 1997 as a Plan Examiner. He resigned in February 2001 to take a similar job with the city School Construction Authority until March 2003, when he returned to DOB as Chief Plan Examiner in the department’s Kew Gardens borough office.

In that post, Cheng was paid an annual salary of $99,149 until he resigned in November. His duties included meeting with the public, including architects and engineers, reviewing project records and building plans for compliance with city building code and assigning them to be reviewed by plan examiners.

According to the criminal complaints, Cheng reviewed zoning analysis for building plans that had not yet been submitted to DOB in exchange for cash payments from Shin over a two-week period in 2008. The investigation revealed that Cheng knew and told Shin that he was not allowed to engage in that type of activity.

The DOB released the following statement from Commissioner Robert LiMandri: "These allegations, if true, are clearly unacceptable and are not condoned in any way. Mr. Cheng resigned from the Department last month, and we are currently reviewing his jobs as a precaution.

"The Department has taken significant steps to increase integrity and transparency, including an online property database detailing inspection results, mandated integrity training for all employees and the use of GPS technology to track on-duty inspectors. Since 2002, tips from our staff have led to more than 70 arrests by the City’s Department of Investigation, exemplifying the honest work of so many employees who are dedicated to serving this City."

Residents Deal With Construction Woes

Issues Include Abandoned Work Site and Zoning Question

After years of virtually unchecked development throughout the city, it is not surprising that many residents have been left feeling the negative effects of projects on their block. In recent weeks, several examples of how a resident’s quality of life can be impacted by projects at neighboring properties were raised at community meetings and in interviews with The Forum. The following is a look at problems in Maspeth with a stalled construction site and vacant house and a question in Glendale over whether a multi-family building was completed in accordance with the area’s zoning.

Abandoned Maspeth Site Becomes Dumping Ground

Mary Ann Todzia has been living next to a vacant lot at 65-61 Hull Avenue for more than four years now. While the fact that work has stalled on the project is bad enough, Todzia says her house’s foundation was damaged during construction, and the vacant lot fills up with water when it rains. To add insult to injury, the site’s construction fence is in danger of collapsing and people have began dumping bags of trash on the sidewalk in front of her house.

In June, the city Department of Buildings issued a stop work order and five violations to the owner for having a defective fence, abandoning the site and failing to safeguard it. However, despite the summonses, the area continues to be neglected, said Todzia. She registered a complaint with 311 over the trash dumped on the sidewalk but was later told that an inspector didn’t find cause to issue a violation.

“It started four years ago in July, and right now they have more than 40 violations and this guy is nowhere to be found,” said Todzia, referring to builder American Construction of Ozone Park. Due to the damage caused to her property, Todzia was forced to hire an attorney and is waiting for a court date to be set. Previously, the property featured a one-family house on a double lot. The new owner demolished the house and proceeded with plans to build two two-family homes there, but has since just completed one building.

“It’s a dumping ground. For a while now, people just throw things over,” she said of the area’s current state. “It’s ironic because you can have the Department of Buildings issue permits, go ahead and build, have the property destroyed and no one is punished for it. They’re getting violations, but what comes from them? Nothing. The guy is still in business.”

Zoning Debate in Glendale

Community leaders are questioning whether a multi-family building constructed recently on 79th Place in Glendale was built in accordance with the area’s zoning. Gary Giordano, district manager of Community Board 5, said a public hearing is scheduled on the issue at the board’s October meeting.

Attorneys for the property owner “are now in the process of answering Building Department objections to their plans and the construction that already has taken place” at 78-46 79th Place, where a single-family house previously stood, said Giordano. “As we see it, the construction that has taken place there does not meet the zoning regulations. It certainly doesn’t meet the new zoning regulations after the area was downzoned [several years ago], and I don’t think it meets the prior zoning.”

According to Walter Sanchez, chairman of the board’s Land Use Committee, the owner has applied to be grandfathered under the new zoning since regulations in the area were changed several years ago. After the DOB rejected that request, the owner filed an application for a variance with the Board of Standards and Appeals, but has since gone back to the DOB for a new opinion, according to Sanchez.

Giordano said the main problems are that the building contains too many units, is too high for the area and doesn’t include parking provisions. He expects a hearing at the October 14 meeting so that the issues can be brought into the public. “There is certainly concern that the property owner and their representatives may try to get approval from the Buildings Department and avoid the need for a BSA hearing,” he said. “So we’re looking to bring this into the open air so to speak.”

The city DOB did not respond to a request for information about this property.

Vacant House Brings Down Neighborhood

At last week’s Community Board 5 meeting, Maspeth resident Dorie Wolt complained about the condition of a vacant house at 57-12 58th Place, which she said has fallen apart due to years of neglect. “It’s a disgusting eyesore,” she said, adding that weeds have grown as tall as she is, the roof has fallen in, the basement is filled with water and animals are living inside it. “We live [near] there and this is ridiculous.”

Public records show the property was purchased by the Greater Ridgewood Restoration Corp. from the city Department of Housing Preservation and Development in 2006 for $38,000. On Tuesday, GRRC President Paul Kerzner said the agency is “in the process of cleaning [the property] up.” He said a worker had been sent over to clear the property prior to the CB 5 meeting but didn’t do the job satisfactorily and promised that the land “will be cleaned up to the community’s standards.”

Regarding the future of the property, Kerzner said, “Unfortunately the zoning is so screwed up over there, it doesn’t even make sense to restore it. It’s unfortunate that the prior owner let it go to pot. We inebriated a monster over there, so it’s up in the air as to what we’re going to do with it, but obviously it will be cleaned up.”

City Often Unable to Access Illegally Converted Homes

Thompson Calls for More Inspectors, Warrants

By Conor Greene

The city Building Department’s response to the issue of illegally converted residences is “inadequate,” according to Comptroller William Thompson, who argues that the inability of inspectors to gain access to homes is a major problem.

The audit’s findings, which the mayoral candidate released alongside Borough President Helen Marshall at a press conference last Wednesday, reaffirm what many residents, civic leaders and elected officials have long known - landlords are tempted to carve buildings up into smaller units due to lack of enforcement, putting a strain on city services and placing residents and firefighters in danger.

Inspectors from the DOB’s Queens Quality of Life Unit, created to respond to illegal conversions, were not able to gain access to almost 40 percent of the properties that had complaints filed against them in fiscal year 2008, according to the audit. Despite multiple visits to many properties, inspectors were unable to gain access in about two thirds of field inspections made that year. The DOB requested access warrants for less than one percent of the properties inspectors couldn’t access.

“This is simply disgraceful. Illegal conversions not only reduce the quality of life in a neighborhood by causing overcrowding and placing a strain on essential services, but pose serious safety risks by creating potentially unsafe living conditions and causing noncompliance with building and fire codes,” said Thompson.

Marshall, speaking with Thompson in front of Borough Hall, said this is a problem she has tried to address for years. “The problem that has been persistent has been access,” said Marshall. “Access has always been the problem... So many people are living in overcrowded situations.”

Thompson and Marshall called on the city to hire more inspectors. “Without the inspectors it doesn’t work,” said Marshall, noting that the problem puts a strain on a host of services including schools, sanitation and infrastructure, in addition to the safety concerns. She also mentioned a recent fatal fire in Brooklyn in an illegally converted rooming house.

Under DOB procedures, an inspector is required to conduct a follow up visit if access isn’t gained during the first attempt. If there is no access on the second attempt, the complaint is closed. The DOB can request access permits from the state Supreme Court in cases where access was denied and inspectors found visual evidence of an illegal conversion. However, warrants were requested in less than one percent of cases, according to the audit.

“Considering the potential risk to the public, the DOB must make a greater effort to obtain access warrants,” said Thompson, who charged that the current system is a waste of resources. “If necessary, the DOB should consult with the city’s [attorneys] and seek a change in legislation to allow it to impose fines on unresponsive property owners. Having the ability to enforce such penalties would be an incentive for property owners to allow access more readily, thereby discouraging illegal conversions.”

In response to that recommendation, DOB Commissioner Robert LiMandri wrote that the department “agree[s] in part and disagree[s] in part.” The Queens Unit will work with the legal staff on obtaining warrants, but notes that the application must be supported by evidence an illegal conversion may exist, such as separate gas or electric meters, separate mailboxes, doorbells, intercoms and entry doors.

“We agree that in service of obtaining access, the [DOB] might consider legislative remedies for imposing incremental fines on property owners or occupants who fail entirely to respond to [inspection attempts],” wrote LiMandri. “However... we disagree that the Department has the authority to penalize a property owner or occupant for failing to provide access.”

In its written response to the audit, DOB “generally agreed with 12 of the 14 audit recommendations,” according to Thompson. In a statement, the DOB said the report’s authors “ignored the facts and recommended procedures that are already in place.” The department calls illegal conversions “a very serious matter” with more than 2,200violations issued last year in response. “We will continue to pursue a variety of enforcement actions to protect New Yorkers from illegal conversion hazards.”

Local civic leaders and elected officials say this problem is at the heart of many quality of life issues plaguing neighborhoods across the borough. Robert Holden, president of the Juniper Park Civic Association, said that group has been fighting against illegal conversions in the Maspeth and Middle Village area for years and has witnessed the strain overcrowded living conditions puts on a neighborhood.

“Illegal apartments are a tremendous burden to the community and put everyone at risk. More often than not illegal tenants are put in jeopardy living next to oil or gas burners with limited egress. Other tenants and neighbors living above or next to the illegal apartments must deal with the real dangers of fire,” said Holden. “The community is overburdened with more cars, noise and overcrowded schools and services. It definitely has a negative impact on the quality of life.”

Corey Bearak, president of Queens Civic Congress, said the audit brings “new attention to a significant quality of life problem long endured in Queens.” He echoed the call for legislation regarding inspector access, calling it a problem “City Hall can no longer afford to ignore.”

Aside from the safety and quality of life concerns, illegal subdivisions are costing the city money, both Thompson and Holden pointed out. According to the comptroller’s audit, the cost to the city of no-access inspections was more than $149,000. “If we were to factor in the administrative time spent by supervisors and other personnel, the cost to the city was even greater,” he noted. Said Holden: “Of course most illegal landlords don't claim the rent revenue on their taxes and we all lose again.”

City Councilman Eric Ulrich (R-Ozone Park) said much of the problem simply comes down to not having enough inspectors. “The larger problem is, there simply aren’t enough building inspectors to stay on top of all these complaints,” he said. “How do these inspectors stay on top of it when DOB doesn’t have the manpower it needs to enforce laws already on the books?”

In Ulrich’s south Queens district complaints about illegal conversions come from all neighborhoods covered by Community Board 10, according to Chairwoman Betty Braton. “We get complaints from every neighborhood in Community Board 10,” she said. “Most of our [non emergency] Building Department complaints involve such conversions, many involving alterations to homes that create dangerous living areas in cellars or attics.”

New Development Review Process Delayed

By Conor Greene

The city has agreed to allow more time for public input before launching its development challenge process, which gives the public 30 days to submit formal objections to construction projects.

Following a public hearing in Manhattan last Friday on the new Department of Building procedures, Commissioner Robert LiMandri announced that the launch date for its implementation has been pushed back to mid-April “to ensure adequate time to consider any public input.”

The new guidelines, announced in February, are intended to “give New Yorkers a stronger voice in the development of neighborhoods, create greater transparency and clarify the process for the public and for developers,” according to a press release issued by the city.

As part of the new process, New York would become the first city in the nation to require that developers place diagrams of new buildings or major alterations online so the public can view the size and scale of a proposed project. In addition, a new 30-day formal public challenge period would be implemented, during which residents could raise objections to a proposed project.

However, it is that aspect of the process that has concerned some elected officials, civic organizations and residents. There is concern that the 30-day window will create a “defacto statute of limitations” that will “actually benefit unscrupulous developers who will simply wait out the clock to avoid community challenges,” according to Councilman Tony Avella (D-Bayside) and others.

“Despite being touted by Mayor Mike Bloomberg and DOB Commissioner LiMandri as empowering the public with greater oversight over new developments, these rule changes will actually diminish the ability of residents to contest new construction,” said Avella at a press conference on the steps of City Hall, where he was joined by Assemblyman James Brennan (D-Brooklyn) and Councilwoman Rosie Mendez (D-Manhattan).

Avella, a mayoral candidate who currently is chair of the City Council’s Zoning and Franchise Committee, implored the DOB to “scrap this entire plan in its current form and go back to the drawing board.”

Brennan ripped the DOB and city for restricting public zoning complaints, an action he called “indefensible.” He is also concerned that “muzzling the public will encourage developers to submit noncompliant plans” knowing they can proceed with impunity once they get through the one-month threshold. “The public has every right to challenge zoning legality or building safety at any point in the building process,” he said, adding that the DOB must include local community boards in the process and require community notification.

Councilwoman Mendez credited the DOB with providing the public with “long-awaited online access to building plans and zoning diagrams” but agreed that the DOB shouldn’t limit the public’s ability to challenge development. “These rules have far-reaching consequences for our city and should not be implemented without adequate deliberation.”

Moreover, Avella took the opportunity to rip the “shameful” way in which DOB attempted to implement the new process, noting that the department had intended to hold a public hearing last Friday and enact the rules changes this past Monday. “This demonstrated that DOB has absolutely no intention of ever listening to the public’s comments and taking them into consideration,” he said, vowing to formulate legislation “to ensure that the public has greater opportunity to comment in any future agency rule changes.”

The call to allow more time for public input before enacting the new rules was echoed by the Queens Civic Congress, which represents 110 neighborhood groups across Queens.

“The proposal, if adopted unchanged, clearly creates an immunity for the building community” through the 30-day requirement, the group argued in a press release. The group “strongly recommends the DOB reform the proposed changes to avoid what must be an unintended consequence – that would perpetuate illegal and often hazardous development.”

The new proposal also concerns Robert Holden, president of the Juniper Park Civic Association, which has made fighting over-development and unscrupulous developers a priority. “Once again, the deck is stacked against the community. We have absolutely no confidence in the DOB nor do we trust that they are really trying to protect our neighborhoods from greedy developers,” he said. “Their bark is much worse than their bite.”

School Considers Eminent Domain for Proposed School Site

Meeting Slated on Possible Taking of Maspeth Property

By Conor Greene

The city might use eminent domain to seize the former Restaurant Depot property in Maspeth to make room for an 1,100-seat high school, despite not yet having City Council approval for the project.

A meeting on the School Construction Authority’s plan to acquire the property at 74th Street and 57th Avenue using eminent domain is scheduled for Thursday, February 26at 4 p.m. in PS 58 on Grand Avenue in Maspeth. The action comes after Community Board 5’s executive committee voted against the project, and before the City Council has even weighed in on it.

News of the upcoming meeting, which was only advertised through a public notice published in the New York Post and City Record instead of in local papers, left Juniper Park Civic Association President Robert Holden furious.

“Nobody knows about it, and that’s how they like it and it’s at 4 p.m. on a Thursday” said Holden, who has opposed the school due to its proposed location. “This is government at its worst. They didn’t even notify the community board. It’s disgusting, the way this administration does as it pleases.”

The city did not notify CB 5 about the upcoming meeting, according to District Manager Gary Giordano. “What constitutes public notice? Unless you buy those publications, you’re not going to see that,” he said. “If you want to be responsible as far as having a hearing when people can attend, you normally do it in the evening.”

SCA attorney Gregory Shaw said on Wednesday that the hearing is scheduled during business hours because “most people are not interested” about whether eminent domain should be used. “The meetings we have at night are about the project. The eminent domain portion is really about taking the property,” he said. “This is a public hearing to discuss if we are going to use eminent domain, and if the City Council approves it, we then make a decision.”

According to Councilwoman Elizabeth Crowley (D-Glendale), the scheduled meeting does not necessarily mean the city is planning to use eminent domain to seize the property. Instead, it is a way for the city to protect itself against property owners who raise the price once it becomes known the city is considering buying the land.

“That eminent domain meeting is part of the city’s projects whenever they want to buy a building,” she said. “They’re saying the owner has no right to inflate the cost because he knows the city is interested. It is to protect fair market value and project our city dollars. They’re letting the owner know that they’re going to get a fair market estimate of the cost and are not going to pay some number out of the sky that the owner says its worth.”

Shaw said that eminent domain is being considered in this case because “the seller appears to be unresponsive to our request.” He said the SCA is not aware of anywhere the property is being advertised for sale. “We’ve gotten indications the owner is willing to sell it.”

However, according to an online listing, the property is being offered for sale by Segal Realty of Manhattan for $15 million. Calls to Josh Segal were not immediately returned.

Giordano said opposition to the school has come for two main reasons: fears the already-congested area will become overrun with thousands of school children, as two other schools already exist within two blocks of the proposed site, and the city’s refusal to promise that it will be locally zoned to ensure that neighborhood children can enroll there.

“They say they don’t zone schools locally for the most part,” he said. “That neighborhood will get all that extra traffic and little of the benefits in terms of teenagers from the local community being able to go there. Those are the main reasons it is not sitting well so to speak.”

Crowley is meeting with Schools Chancellor Joel Klein this week to discuss issues the community has raised with the project. She said she has received a lot of input and letters both for and against the project. “The chancellor needs to realize, and the mayor as well, that if we’re going to burden our community with a high school we need a guarantee that students attending it will be from the community. If that’s not an [option], then the school doesn’t have a chance in my opinion.”

For Holden, the whole process has been business as usual for the Department of Education and SCA. He said an SCA official told him that most new schools are themed schools, which are not zoned locally. “I asked why she didn’t bring this up during the two public hearings before the community board, and she said that nobody asked,” said Holden. “This is consistent with how the DOE operates, keeping things secret.”

Budget Woes Top CB 5 Meeting

By Conor Greene

A discussion on the requests being submitted to the city for the 2010 budget highlighted last week’s Community Board meeting.

Board District Manager Gary Giordano informed board members and residents in attendance last Wednesday in Christ the King High School that the city’s current budget situation is “very difficult at best” as a result of the nationwide economic crisis. With about $1.5 billion less coming in through projected tax revenues, Mayor Michael Bloomberg has proposed “significant budget cuts” in many important areas, said Giordano.

According to Giordano, proposed cuts include about $94 million from Department of Environmental Protection; $455 million from the Education Department; $1 million from Department of Buildings; $17 million from Housing; $23 million from Parks; $33 million from the Department of Aging; $136 million from Administration of Children’s Services and $9 million from City Planning.

The FDNY budget is due to increase by $5 million while the NYPD’s increases by $87 million, under the mayor’s preliminary budget. The Sanitation Department would receive a $22 million increase in its budget under the current play.

However, according to Giordano, the police and fire increases are likely due to wage increases, as the NYPD’s head count will reduce from 31,349 this year to 28,656, and the FDNY ranks would decline from 11,349 members this year to 10,929. As a result of the city’s budget woes, some items requested by the board have been put on hold.

“Lots of items we requested are difficult to pinpoint the extent to which they are going to get funded,” said Giordano. “Personally, I am more worried about police protection and fire protection than some of the capital items.”

However, Giordano did express confidence that the Cooper Avenue underpass project will move forward. “We lobbied hard for that in a lot of different directions,” he said, adding that he is expecting to receive at least half of the $20 million requested.

Other projects requested include measures to prevent flooding throughout the area, which Giordano said has begun starting in the northern portion near Calamus Avenue, and the construction of new catch basins, especially ones with brick that has worn away. A project to improve Grover Cleveland Park is being funded through the Schoolyards to Playgrounds initiative and should begin this year. Finally, Councilwoman Diana Reyna (D-Bushwick) was able to secure funding for the second phase of the Ridgewood library project.

Beyond that, “other projects are difficult” to secure funding for, said Giordano. For example, reconstruction of south Middle Village streets has been pushed back to 2013, he said. Since that entire project is close to $20 million, “I don’t see that happening,” he said, suggesting that the board may have to divide the project into smaller sections to get it moving forward.

Avella Questions New Building Regulations

Construction Plans Will be Available Online

By Conor Greene

The city Department of Buildings has announced reforms intended to increase public scrutiny of construction projects, but one local official argues the new rules will actually diminish the ability of citizens to contest illegal projects.

The new guidelines, announced recently by Mayor Michael Bloomberg and DOB Commissioner Robert LiMandri, are intended to “give New Yorkers a stronger voice in the development of neighborhoods, create greater transparency and clarify the process for the public and for developers.”

As part of the new process, New York will become the first city in the nation to require that developers place diagrams of new buildings or major alterations online so the public can view the size and scale of a proposed project.

In addition, a new 30-day formal public challenge period will be implemented “to give the public a greater voice in the development process and provide clarity for developers about when and how a project can move forward,” according to a release issued by the city.

However, Councilman Tony Avella (D-Bayside), who is challenging Mayor Bloomberg this fall, immediately issued a statement voicing concerns with the new regulations. He argues it will limit the public’s ability to fight illegal projects due to the 30-day statute of limitations created by the review window.

“While I believe that the posting of online diagrams for proposed development on DOB’s website is definitely a step in the right direction and leads to greater transparency, I completely disagree with the new development challenge process,” said Avella. “Despite being touted… as empowering the public with greater oversight over new developments, it is actually diminishing the ability of residents to contest new construction by creating a defacto statute of limitations through the implementation of the 30-day comment period.”

Avella, a fierce critic of the DOB who has made fighting overdevelopment a focal point of his time on City Council, is worried that the procedure “will in effect actually benefit unscrupulous developers who will simply wait out the clock to avoid community challenges.”

When announcing the reforms, Mayor Bloomberg insisted they would “inject a much-needed dose of transparency and accountability into a critical area of construction and development – zoning compliance… The reforms center on the public’s right to challenge any approved development if they think it violates local zoning regulations.”

Under the regulations, diagrams for any new building or major enlargement approved by the DOB would be uploaded to the agency’s website. Residents would then have 30 calendar days to review and challenge the development approval. Once that window closes, the DOB Borough Commissioner will address any challenges to the project that have been lodged. If a challenge is determined to have merit, “appropriate enforcement action will be taken, including issuing Stop Work Orders, revoking of permits and requiring redesigns of the proposed construction.”

If the Borough Commissioner determines that a challenge is invalid, the public will be given an additional 15 calendar days to appeal to the First Deputy Commissioner. Once that decision is rendered, the public can appeal to the Board of Standards and Appeals(BSA).

The provision granting the BSA final determination also concerns Avella. “It is extremely inappropriate for the final appeal in the public review process to have to be brought before the Board of Standards and Appeals, which throughout its existence has essentially been a rubber stamp for developers,” he said. “BSA repeatedly ignores the public’s opinion and there is no reason to believe that they will act differently in this process.”

Locally, the BSA recently came under fire after granting a cellular company permission to install a radio tower on top of a two-story home in a residential area of Maspeth.

“This is just the latest example of the Bloomberg administration’s failed attempts to reform this agency,” said Avella. “In order to have true reform, DOB needs to be held accountable for their actions and must also allow greater community involvement, both of which will not be accomplished by this development challenge process that actually substantially limits the ability of New Yorkers to submit complaints or question the actions of DOB.”

Civic Accuses Developer of Violating Stop Work Order

Residents, JPCA, Continue Battle with Huang

By Conor Greene

Police were called to a Mazeau Street after work at a construction site there continued despite a stop work order, according to a local civic group.

Members of the Juniper Park Civic Association’s executive board recently observed workers on property at 57-39 Mazeau Street, where notorious developer Tommy Huang is building a multi-family house. Residents say the empty lot adjacent to the house construction is also owned by Huang, and is being used as a storage area for
heavy equipment.

The property has been the site of numerous violations. Earlier this year, the city forced Huang to remove the top floor of what was a four-story house after being pressured by the civic and Councilman Tony Avella (D-Bayside). The city Department of Buildings (DOB) issued a stop work order, which was partially rescinded recently so that the developer could clean up the site.

On Saturday, residents heard loud banging at the property at about 8:30 a.m. and saw several people trying to break the lock on the security fence. They called 911, and police responded quickly since it was a possible break in attempt, according to JPCA member Manny Caruana, who lives near the scene.

“Apparently what happened was, [the developer] has been storing heavy equipment on the premises,” said Caruana. The workers claimed they were there to clean up, but were moving heavy equipment from the site, according to Caruana.

“It’s being used as a transfer site for heavy equipment,” he said. “They do this all time. It’s not clean-up. They sent five guys there to load a truck and leave, but there’s nothing left to clean up.”

After several years of pressuring the city to force Huang to comply with building codes, residents are starting to lose patience, said Caruana. Several houses across from the site have been put up for sale, and another next to Huang’s property has been allowed to fall into disrepair. “People are getting fed up with this. It’s an ongoing battle, the thing is ugly as hell, and it was built illegally.”

While police responded to the scene, they are not equipped to deal with Buildings Department issues, said JPCA member Tony Nunziato, who is challenging Marge Markey for her seat on the state Assembly. “They come five hours later and they don’t know the regulations,” he said. “The DOB knows this area has been a problem for two years. The city has to have a system [allowing] people who are watching the developers to call and have an inspector come down within an hour.”

Huang’s checkered past includes a conviction for allowing 200 gallons of oil to spill into the basement of the landmarked RKO Keith’s Theater in Flushing and then lying about cleaning it up. As a result of Huang’s repeated violations, officials including Avella have demanded that the city refuse to issue him any future building permits, a request which has been ignored.

“The city has to step up to the plate and watch what is going on in the neighborhood,” said Nunziato, adding that the DOB must put an end to the self-certification process. “Where is the government that is supposed to protect people? Is it a payoff, or total ignorance by people who don’t want to work?”

City Forces Rogue Developer to Reduce Building Size

By Conor Greene

Maspeth residents and a local civic group are claming victory against a notorious developer who has been ordered by the city to remove the top floor of a house under construction on Mazeau Street.

The city Department of Building in May partially lifted a stop-work order issued last year to developer Tommy Huang so that the fourth floor of a house he’s building at 57-39 Mazeau Street could be removed. In addition, rear and side extensions have also been removed because the plans filed with the city didn’t conform to what was actually built.

The DOB’s decision comes after the Juniper Park Civic Association and Councilman Tony Avella held several rallies on Mazeau Street since DOB revoked the developer’s permit in December 2006. The group sought to have the building either knocked down, or brought into compliance with zoning laws.

“This is a big victory for Maspeth because it shows unscrupulous developers that the community is watching and they won’t be able to get away with this type of action,” said Robert Holden, president of the JPCA.

Said Avella: “It’s about time that DOB listened to the community and forced notorious developers like Tommy Huang to conform to the building and zoning codes. It still is a shame that the community has to be the ones to force the DOB to enforce its own regulations.”

The stop work order was issued in November after the DOB received a complaint that the project being built was beyond what the permits allowed. An audit by the city on July 6 revealed 14 violations, including that it didn’t comply with R4-1 zoning standards and that Huang misused the Community Facilities Provision of the zoning code, which can allow for educational, health care, religious and other institutions to be built in residential zones.

One of the first people to take notice of the building violations at the property was Manny Caruana, a JPCA and Community Board 5 member who lives nearby. “It took a long time to get results, and we only got this far because neither we nor Tony Avella nor DOT caved in or stopped watching what was going on there,” he said. “The fact that Huang has been forced to comply and not just pay a fine restores a little bit of my faith in DOB.”

The property currently has a partial stop work order, which only allows Huang to bring the house into compliance with zoning regulations. “The partial will remain in effect,” said Charlie Ratzer, a DOB spokesman. “It’s a partial allowing them to remove the fourth floor, but he is not supposed to be working on anything additional.”

Because the plans originally filed with the city were for a four-story structure, Huang must now submit new plans “to bring it into compliance,” said Ratzer. “He is bringing it back to three [floors] and then starts over again with new paperwork.” The DOB was unable to explain how Huang was able to receive a permit for a project that is not allowed in that zone.

The DOB said in a statement that Huang has been fined repeatedly for projects around the city. “More than a dozen stop work orders have been issued to this developer’s projects in the past year, and he has been repeatedly fined for cutting corners,” the department said in a statement. “If the developer wants to move forward with any project, it must be in compliance with all regulations.”

This isn’t the first time that a Huang development has come under fire. The Flushing-based developer was sentenced in 1999 to five years probation and fined $5,000 for environmental crimes at the landmarked RKO Keith Theater. In that case, he allowed hundreds of gallons of oil to spill into the basement of the 1928 theater, and then lied to a city investigator.

Corey Bearak, president of the Queens Civic Congress, credited the JPCA with “fighting for the community and never letting up” and DOB Acting Commissioner Robert LiMandri for taking action on this matter. “This simple message should resonate throughout the industry,” he said. “No excuses. Either comply with the law and the code or any illegal structure you build will need to be cut down to its rightful and legal size.”

Local community leaders and residents are now vowing to keep a close watch on the project as Huang attempts to have the stop work order lifted. “This is like a cancer in the community,” said Tony Nunziato, chairman of the Maspeth-Middle Village Task Force. “I am glad that the Department of Buildings has kept on top of this situation and has forced the developer’s hand.”

Avella, who represents neighborhoods in northeast Queens, has become one of City Council’s most vocal critics of out of character development. He said that the city’s action against Huang is “obviously a good step forward,” but questioned why the permit was issued in the first place, calling the DOB the city’s “most incompetent agency.”

“Through the efforts of the Juniper Park Civic Association and the community, the DOB finally realized their mistake,” he said. “This is a perfect example of Huang creating another problem in another neighborhood. No matter how many sites he has become a problem on, and how many neighboring sites he has damaged, the city will give him another permit.”

Complaints Over PS 113 Expansion

By Conor Greene
The Forum West

GLENDALE – Complaints have been filed with the city Department of Building and School Construction Authority due to alleged after-hours work at site, sometimes as late as 11:30 p.m.

The issue was raised at last Wednesday’s Community Board 5 meeting by Brian Dooley, president of the Glendale Property Owners Association. Dooley submitted to the board a letter from resident Bob Rabold, who says he’s been subjected to “continual after hours work occurring without the proper permits posted.”

In response, the community board submitted a complaint to the city Department of Buildings “just to be careful” and discussed the issue with a project support manager at the School Construction Authority, according to the board’s district manager, Gary Giordano. He was told that the contractor removing asbestos from the property “was recently working nights at times later than the SCA normally allows because he is trying to get the work done and get a pickup from the carting company.”

“That’s not work I think they want to do when school is in session, even at night, so it looks to me like they are trying to get that done over the summer,” said Giordano. “Whether it’s the school year or [summer], once you start getting past 10 p.m. with any kind of construction that people can hear, it infringes on their sleep. To minimize anything after 9 p.m. is important.”

Rabold, who lives across the street from the property, questions whether the contractors,Iannelli Construction, ever received the property after-hours permits from the DOB. “If they did, I’m sure they would be posted,” he wrote. Rabold notes that work continued until after 11:30 p.m. on July 7, at which time he lodged a complaint with 311.

“Regrettably, I understand that contractors hired by individuals try to circumvent the law by taking short cuts, but I cannot understand when a department under jurisdiction of the governing body who passes the law allows their contractors to ignore and disobey the law,” wrote Rebold.

News of the late-night work didn’t sit well with some board members who accuse the SCA of not considering the impact their projects have on the neighborhood. “They came in and sold use a bill of goods that it’s not going to impact the neighbors,” said Kathy Masi. “They’re terrible. They’ve never been good to their word.”

Dooley stressed that he is “absolutely for the project, for alleviating overcrowding in schools, especially that school,” but noted that “there are people living literally twenty-five feet from that site.”

On Tuesday, Marge Feinberg, a Department of Education spokeswoman, said that the SCA “has reached out to the neighbors [and] understands their concerns.” She said that work has, and will continue, to only take place within the hours set by DOB. “They said they have not been working outside what is allowable,” she said.

The project includes an addition to the existing building and asbestos abatement, according to Feinberg. Giordano said that he hasn’t received any recent complaints regarding the other two local school construction projects, PS 49 and PS 128, both in Middle Village.