By Daniel Arimborgo
The pool owner, Chaim Kaminetzky of 71-41 171st St., has already paid hundreds of dollars in fines to the city Department of Buildings for illegal construction of the pool and for using unapproved plans.
Kaminetzky, who is overweight and diabetic, contends he needs the pool to maintain his health, and submitted a doctor's statement to the community board.
Alfonso Duarte, who is listed in Community Board 8 public hearing minutes as a private engineer and an attorney, said the pool would allow Kaminetzky to swim every day, as his doctor had ordered.
According to the minutes from CB 8's Dec. 7 meeting, the contractor used a backyard fence facing neighbor Lyllian Kurtz's property as a guide. But the structure actually lies within Kurtz's property, six inches from the real property line, so the pool is only eight inches from the line. Zoning regulations require any house extensions to be at least five feet from the line.
“The whole request for variance is hinging on this man's ill health,” Kurtz said. “If everyone was allowed to do what they wanted to do, we would not need zoning regulations.”
Following the discussion, the board voted 29-0 against the variance.
Attempts to contact Kaminetzky were unsuccessful.
Civic leaders said the standoff had been a problem from the beginning.
“He has violations all up and down the place, and the last fine was from Criminal Court,” said Jim DeBonet, executive vice president of the Flushing Heights Civic Association.
The community now is waiting for the city Board of Standards and Appeals to set a hearing date to order Kaminetzky to scale back the pool house extension to conform to code. There is currently a stop work order on the unfinished pool house.
The city Department of Buildings gave Kaminetzky his first violation Jan. 15, 1998, when he failed to provide building inspectors with approved construction plans.
He submitted plans on Jan. 16, 1998 that did not conform to the approved code and the city Environmental Control Board fined him $660 for three more violations: for not conforming to the approved plans, for a woodshed along the side of his house that violates zoning regulations, and for the illegal pool and extension on his home.
The DOB issued a stop-work order and told Kaminetzky to apply for permits to correct the violations. Five months later, on June 18, the DOB inspected Kaminetzky's property again and found he had not corrected the violations. Inspectors issued him another violation.
That same day, Kaminetzky went to the Department of Buildings where he applied for and received permits to scale back the pool enclosure, sheds and house extension to conform with zoning regulations. In effect, this would allow him to keep the illegally built pool .
Kurtz also said drainage from Kaminetzky's pool enclosure empties onto her land, creating a perfect breeding ground for mosquitoes.
“As far as I am concerned, he has no regard, not only for us as neighbors or a community – because he doesn't show up at any of the meetings,” Kurtz said. “He has no regard for municipal regulations, no regard for anybody, he's only concerned about himself.”
