Minutes of Community Board 8 Board Meeting held

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Minutes of Community Board 8 Board Meeting held on June 9, 2010 at the Hillcrest Jewish Center,

183-02 Union Turnpike, Flushing, N.Y.

Attendance:

Board Members Present: Dilafroz Ahmed, Richard Amron, Jagir Singh Bains, Dr. Allen J. Bennett, Maurice

Braithwaite, Susan D. Cleary, Kenneth Cohen II, Bernard Diamond, Patricia Dolan, Allen Eisenstein, Mary

Maggio-Fischer, Florence Fisher, Carolann Foley, Kevin Forrestal, James Gallagher, Jr., Marc A. Haken, Robert

Harris, Tami Hirsch, Steven Konigsberg, Mark J. Lefkof, Mitch Lisker, Frank Magri, Agatha E. Michael, Tammy

Osherov, Frances Peterson, Samuel Rodriguez, Jesse Rosenbaum, Steven Sadofsky, Seymour Schwartz, Michael F.

Sidell, Harbachan Singh, Robert Van Pelt, Alvin Warshaviak, Jacob Weinberg and Albert Willingham.

Absent: Carolyn Baker-Brown, Maria DeInnocentiis, Howard A. Fried, Stephen E. Geitheim, Joshua Glikman,

Michael Hannibal, Janet Kramer, Simon Pelman, Charlton Rhee, Annie Salvatore, Anna Sawchuk, Norma

Stegmaier, Martha Taylor and Stanley Weinblatt.

Others Present: Jeff Gottlieb representing Central Queens Historical Association, Meghan McCormick representing Congressman Gary Ackerman, Alan R. Beerman representing Councilman Mark S. Weprin, Michael

Simanowitz representing Assemblywoman Nettie Mayersohn, Janna Davis representing Councilman James G.

Gennaro, District Manager Marie Adam-Ovide, Barbara McKeon, CB8 staff member.

Call to Order:

3 rd Vice Chair Seymour Schwartz called the meeting to order at 7:30 p.m.

Public Participation:

Marc Haken requested a correction to the minutes of the Executive Board Meeting of April 7, 2010. The minutes show members who were in attendance. The Executive Board went into Executive Session. He and other members of the Board were excluded from that Executive Session. The minutes did not show who was included or excluded.

It is most important that it be shown. Mr. Haken also spoke on two letters sent to the Department of Law and the responses.

Jeff Gottlieb shared with us that the Central Queens Historical Association met with James Gallagher, Joan

Hausmann and Councilman James Gennaro’s staff to discuss the historical landmarking of the Brinkerhoff

Cemetery located on 82 nd Street and 69 th & 73 rd Avenues in Fresh Meadows. In late 2000, it was calendared for landmarking.

Everyone present at that time voted and was in favor of landmarking the cemetery. Today, it is still trying to be landmarked. He also invited everyone to the Queens Flag day Celebration on Monday, June 14, 2010 at 1:00 p.m. by the Lake at Maple Grove Cemetery honoring Civil War recipients of the Congressional Medal of

Honor.

Salute to the Flag: Chairman Alvin Warshaviak led the salute to the flag.

Approval of Minutes:

Marc A. Haken wanted the May 12, 2010 minutes to show that he casted a no vote for the 3 rd Vice Chair, in the election of the Officers for Community Board 8. A motion was made to approve the corrected minutes of May 12,

2010.

Board Members who approved the corrected minutes: Dilafroz Ahmed, Richard Amron, Jagir Singh Bains,

Dr. Allen J. Bennett, Maurice Braithwaite, Kenneth Cohen II, Bernard Diamond, Patricia Dolan, Allen Eisenstein,

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Mary Maggio-Fischer, Carolann Foley, Kevin Forrestal, James Gallagher, Jr., Marc A. Haken, Robert Harris, Tami

Hirsch, Steven Konigsberg, Mark J. Lefkof, Mitch Lisker, Frank Magri, Agatha E. Michael, Tammy Osherov,

Frances Peterson, Steven Sadofsky, Seymour Schwartz, Michael F. Sidell, Harbachan Singh, Robert Van Pelt and

Alvin Warshaviak.

Count in favor: 29 Opposed: 0 Abstained: 0

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Chairman’s Report

Stanley Weinblatt is not here this evening. Unfortunately, Stan is in the hospital in the Poconos. Our

 prayers are with him.

Congratulations to Steven Konigsberg on the marriage of his daughter this past Sunday.

Congratulations to Mr. & Mrs. Lefkof on becoming grandparents for the first time.

Carolyn Baker-Brown, Maria DeInnocentiis and Norma Stegmaier are unable to attend this evening’s meeting. All three Board Members are being sworn in as a reappointee to the Board and being recognized for 20 years of membership.

Martha Taylor will not be here this evening. She is celebrating her wedding anniversary.

Chairman Warshaviak welcomed our newest Board Member, Samuel Rodriguez.

NYC Charter Revision Commission 2010

Harbachan Singh (Government Affairs Chairperson) spoke on the NYC Charter Revision Commission.

Last month, a senior Panel of five former Chairs of the NYC Charter Revision Commission (Richard Ravitch, FAO

Schwartz, Randy Matro, Frank Macchiarola and Ester Fuchs), met to offer counsel to the current Chair Mathew

Goldstein and his commission members at Baruch College at a meeting where the public was allowed to listen.

This senior panel seems to agree that New York’s strong mayoralty must continue, and Borough Presidents should be strengthened. However, they did not all seem to agree on term limits, their impact on minority, voting, the fate of the public advocate and non-partisan elections.

The present schedule of the Commission is as follows:

Five Forums were scheduled between May 25 and June 24. At each forum, the Commission hears expert testimony and invites public input. Each forum proceedings are streamed live via web cast. The five issues are:

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Term limits (May 25, Brooklyn)

2.

Voter participation (including consideration of non-partisan elections – This proposal was rejected by referendum in 2003) (June 2 – Lehman’s College, Bronx)

3.

“Balance of Powers” including the roles of the Borough Presidents and Community Boards (June 10 –

Staten Island)

4.

Fiscal integrity (June 18 – City College, Manhattan)

5.

Land Use (June 24 – Flushing Library, Queens)

Commission’s proposals on these issues are expected in July. (Not a good time because of vacation period and the

Community Boards are in recess.) The NYC Charter Commission has to reach a decision before September 2 nd .

Pat Dolan announced that the Queens Civic Congress will be holding a forum on the City Charter revisions on

Monday, June 21, 2010 at 7:00 p.m. at the Queens Farm Museum on Little Neck Parkway. Everyone is invited.

We will have a round table discussion, consisting of Alex Rosa, Director of Budget and Chief of Staff for the QBP,

Alvin Berk, Chairperson for CB14 and Richard Hellenbrecht, former CB13 Chairperson. We are hopeful that out of this event will come a Statement of Principals by the Queens Civic Congress. She urges everyone to come.

Chairman Warshaviak stated that CB8 has formed a Charter Revision Committee consisting of Harbachan Singh,

Martha Taylor, Kevin Forrestal and Patricia Dolan.

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District Manager’s Report

• District Manager’s report was distributed.

District Manager Marie Adam-Ovide announced that a local fireman from Queens (Ladder 125) Edward

Ramilo received a medal at City Hall last Wednesday. Several other firemen from Queens received medals as well. Chairman Warshaviak suggested that we write a congratulatory letter to each of them.

• The Hillside Avenue Project HWQP-1183 has not started yet as promised. The contractor has been directed by DDC to complete his other jobs before beginning this one. The tentative date is on/about the second week of July. The work would commence from the west end of the district to the east end (from Van Wyck

Expressway to 191 st Street).

• The water tank removal on 164 th Street and 84 th Avenue is scheduled to be removed this week starting June

10 th or June 11 th weather permitting.

• TPO Sitescape Incorporated started work on Cunningham Park’s Dog Run on May 20, 2010. This project includes new fencing, water supply and surface work. This job should be completed within three months.

Borough President’s Representative – Susie Tanenbaum

Susie could not be here this evening. She wishes everyone a great summer.

Committee Reports

BSA Cal. No. 35-10 BZ – 144-11 77 th Avenue, Steven Konigsberg, Zoning Committee Chair

Zoning Chairperson Steven Konigsberg shared with the Board that a Public Hearing was held on Thursday,

April 22 nd to legalize a house of worship that was built illegally.

Community concerns: The applicant proceeded to construct the building larger than the approved dimensions and now, after the building is complete, have requested a variance to permit them to legally occupy what they have built. If the building were built wider than the plans show, the resulting structure would be dangerously unsafe.

The building does not provide the minimum side yard, rear yard and front yard requirements.

CB8 requested the applicant obtain independent, professional certification that the building meets all the requirements of the NYC Building Codes and is safe for the use of the congregation. As of this date, we have not received any professional certification.

In addition, CB8 requested that the applicant settle all pending ECB penalties and fines. As of this date, there are ECB violations still pending.

 The applicant requested the Community Board postpone their vote to the following month’s agenda so that they may prepare a complete response to the Committee. CB8 granted a postponement and moved this

BSA item for tonight’s meeting. As of this date, CB8 did not receive a written response.

Motion: Mark J. Lefkof made a motion to approve BSA Cal. No. 35-10 BZ, seconded by Patricia Dolan with the following stipulations:

Obtain independent, professional certification that the building meets all the requirements of the NYC

Building Codes and is safe for the use of the congregation.

Settle all pending ECB penalties and fines prior to BSA granting the variances the applicant is seeking.

Discussion:

Marie Adam-Ovide mentioned that Elizabeth Safian, from Sheldon Lobel’s office asked for Public

Participation time to address the Board, but unfortunately, she came right afterwards and did not get a chance to speak.

Marc A. Haken asked if there was a clock running on this BSA item. Answer: Yes.

Dr. Allen Bennett explained that he co-chaired this Public Hearing. He has also been in touch with

Sheldon Lobel’s office during this time trying to make sure that all this documentation would be provided.

There are 16 open ECB violations plus a vacate order that have not been satisfied as of today.

Patricia Dolan stated that she has seen people going in and out of the premises each morning. This building is supposed to be under a vacate order.

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Steven Konigsberg stated there was some discussion the night of the public hearing whether there was partial lifting of the vacate order.

Mr. Lefkof spoke to Elizabeth Safian, representing Sheldon Lobel’s office. He learned that there was no letter from the architect certifying that the building is structurally sound. Most of the violations are pending and the hearings are not scheduled until August. There is really no change from the Public Hearing.

Vote: 1 in favor 33 opposed 0 abstained

Board Members in favor of BSA Cal. No. 35-10 BZ: Jagir Singh Bains

Board Members opposed: Dilafroz Ahmed, Richard Amron, Dr. Allen J. Bennett, Maurice Braithwaite, Susan D.

Cleary, Kenneth Cohen II, Bernard Diamond, Patricia Dolan, Allen Eisenstein, Mary Maggio-Fischer, Florence

Fisher, Carolann Foley, Kevin Forrestal, James Gallagher, Jr., Marc A. Haken, Robert Harris, Tami Hirsch, Steven

Konigsberg, Mark J. Lefkof, Mitch Lisker, Frank Magri, Agatha E. Michael, Tammy Osherov, Frances Peterson,

Samuel Rodriguez, Jesse Rosenbaum, Steven Sadofsky, Seymour Schwartz, Michael F. Sidell, Harbachan Singh,

Robert Van Pelt, Alvin Warshaviak and Jacob Weinberg.

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BSA Cal. No. 677-53 BZ – 61-26/30 Fresh Meadow Lane. Steve Konigsberg, Zoning Committee Chair

Zoning Chairperson Steve Konigsberg explained that a Public Hearing was held on Wednesday, May 26,

2010 to:

Extend the term of a variance permitting the parking and storage of motor vehicles awaiting service only in conjunction with existing body and fender work, minor auto repairs, incidental painting and spraying,

Extend the time to obtain a new Certificate of Occupancy

Permit the enlargement of the subject building.

Waive the rules of practice and procedure.

• Four (4) Board Members were present at the Public Hearing.

• We conveyed to the applicant’s representative that the community was very dissatisfied with the operations that were going on at this location. This is a repair shop, where cars are being parked on the entire street and being worked on.

• At the Public Hearing the four Board Members voted in favor of the application with the following stipulations:

Prior to this matter being heard in front of the BSA, the owner demonstrates that he is in compliance with all parking and storage regulations, as well as the environmental concerns that were brought up that evening.

• Marie Adam-Ovide shared with the Board that she received a complaint this morning regarding illegal parking still going on in front of the business from a community leader.

Jim Gallagher stated that every day, the owner continues to park trucks on the sidewalk.

Motion: Marc A. Haken made a motion to approve BSA Cal. No. 677-53 BZ , seconded by Jacob Weinberg, with the following stipulations:

Prior to this matter being heard in front of the BSA, the owner demonstrates that he is in compliance with all parking and storage regulations, as well as the environmental concerns that were brought up that evening.

Discussion:

Mark Lefkof was at this location this morning at approximately 9:30 a.m.. There were two tow trucks and about 4 or 5 vehicles parked on the east side of the street, which is across from their location. Only one vehicle can get through the street since it is so narrow. As far as he is concerned, he will vote No.

Alvin Warshaviak mentioned that this is not a residential street and at night, no one is walking down that street.

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Mike Sidell stated that the business does leave their flatbed trucks and their damaged cars on the sidewalks.

They also park on the turn of the Expressway and the paint does smell during the day.

Susan Cleary questioned about Police Enforcement. Marie Adam-Ovide stated that CB8 has reached out

Vote: to the Police Department and they have been sending traffic agents.

5 in favor 29 opposed 1 abstained

Board Members in favor of BSA Cal. No. 677-53 BZ: Mary Maggio-Fischer, Carolann Foley, Mitch Lisker,

Frank Magri, Steven Sadofsky,

Board Members opposed: Dilafroz Ahmed, Richard Amron, Jagir Singh Bains, Dr. Allen J. Bennett, Maurice

Braithwaite, Susan D. Cleary, Kenneth Cohen II, Bernard Diamond, Patricia Dolan, Allen Eisenstein, Florence

Fisher, Kevin Forrestal, James Gallagher, Jr., Marc A. Haken, Robert Harris, Tami Hirsch, Steven Konigsberg,

Mark J. Lefkof, Agatha E. Michael, Tammy Osherov, Frances Peterson, Samuel Rodriguez, Jesse Rosenbaum,

Seymour Schwartz, Michael F. Sidell, Harbachan Singh, Alvin Warshaviak, Jacob Weinberg and Albert

Willingham.

Board Member who abstained: Robert Van Pelt (Wife’s employer refers business to Carriage House.)

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Car Share Text Amendment – Letter to Department of City Planning, Patricia Dolan

Patricia Dolan read aloud the following Community Board 8Q Resolution:

While CB8 understands the interest in encouraging car share businesses in New York City, Queens

Community Board 8 opposes the car share amendment on the grounds that it will encourage owners and operators of parking lots, including commercial, community facilities, residential and service stations lots to displace spaces designated for current users in favor of more profitable car share businesses.

Ms. Dolan asked for a Board vote to send a letter to Amanda Burden, Chairperson, City Planning Commission, explaining that CB8 is unable to support the car text amendment in its present form. We urge you to withdraw the amendment for additional review and rewriting that recognized the very different conditions of Queens and the other boroughs outside Manhattan.

Vote: 34 in favor 1 opposed 0 abstained

Board Members in favor of not supporting the car text amendment: Dilafroz Ahmed, Richard Amron, Jagir

Singh Bains, Dr. Allen J. Bennett, Maurice Braithwaite, Susan D. Cleary, Kenneth Cohen II, Bernard Diamond,

Patricia Dolan, Allen Eisenstein, Mary Maggio-Fischer, Florence Fisher, Carolann Foley, Kevin Forrestal, James

Gallagher, Jr., Marc A. Haken, Robert Harris, Tami Hirsch, Mark J. Lefkof, Mitch Lisker, Frank Magri, Agatha E.

Michael, Tammy Osherov, Frances Peterson, Samuel Rodriguez, Jesse Rosenbaum, Steven Sadofsky, Seymour

Schwartz, Michael F. Sidell, Harbachan Singh, Robert Van Pelt, Alvin Warshaviak, Jacob Weinberg and Albert

Willingham.

Board Members in agreement with the car text amendment: Steven Konigsberg

Chairman Warshaviak wished everyone a healthy and happy summer.

Adjournment

The Board Meeting adjourned at 8:30 p.m.

Respectfully submitted, Barbara McKeon – CB8 Staff

June 10, 2010

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