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Editorial: As-of-Right

By The Times/Ledger

First they build churches. Then synagogues and an occasional mosque. Then come the schools and doctors' offices. And before you know it, there goes the neighborhood.

That, more or less, was the collective sentiment expressed at a forum convened last week by the Queens Civic Congress. Speaker after speaker stood up to call for a change in the city zoning law that permits public institutions such as schools and churches to build “as of right” in any neighborhood, even if it is zoned residential. Group after group came to the microphone to share their sad stories about their losing battles with the developers of community facilities. Absent from this meeting was anyone who might have explained the reasons for the as-of-right exemption for public facilities.

This resulted in a rather lopsided discussion.

Think for a moment about where you or your neighbors will attend church or synagogue each week or where your kid's scout troop meets or where your doctor's office is located. Chances are that some function that is important to you or your family is held in a building located in a residential zone. The call for an end to “as-of-right” exemptions doesn't resonate in the first person. You can be certain that the people calling for this change don't want their schools and houses of worship relocated to an industrial highway. What they have in mind is someone else's.

We see no compelling reason for changing a law that has served the community well for many long years. If the as-of-right was removed, new churches and other institutions would have to apply for an exemption to zoning regulations if they wanted to build. The established mainstream churches would face little opposition, but the hurdle might be impossibly high for religions with small followings in Queens, such as the Sikhs or a Buddhist sect. In fact, it was the influx of new Korean churches that has brought this issue to a boil.

We'd like to propose an alternative that would leave the as-of-right exemption in place. The City Council could create legislation that would require as-of-right developers to work with the surrounding community to foresee and minimize potential disruption.

Although communities, especially those in parts of Flushing, have certainly felt the impact of as-of-right building, the soaring cost of residential property in Queens should limit the number of new buildings. At the very least, we would hope that the City Council would look at all sides of this issue before removing this zoning exemption.

Mosquito wars

In a few short months, the warm weather will return and with it the threat of a new outbreak of the West Nile virus. The city might have to decide how to wage part two in its war against the disease-carrying mosquitoes. This time, the Office of Emergency Planning has had the benefit of time in looking for the best possible solution to this potential crisis.

Few would disagree that the spraying was unpleasant, especially those who live near ground zero in College Point and Whitestone. Activists have charged that the spraying was more than unpleasant. They predicted that thousands would die. However, there is no evidence that even one person has succumbed from the foul-smelling spray.

At a recent meeting in College Point, activists presented their case against the spraying. They included one woman who already suffers from asthma and diabetes who said that “without a doubt” the spraying has worsened her health. Even she conceded that her doctors were uncertain about the connection.