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DA charges 2 in illegal dumping

By Alexander Dworkowitz

A Whitestone resident and a Brooklyn man were indicted last week for allegedly dumping 211,000 cubic yards of construction debris at a site intended for Little League fields in College Point, the Queens district attorney said.

In the latest round of indictments, Benjamin Rastelli, Jr., 45, of 166-48 24th Rd., Whitestone, and Russell Marisak, 55, of 269 Norman Ave., Brooklyn, were charged along with Enviro-Fill Inc., a Flushing business, DA Richard Brown said.

The College Point Sports Association, which leased the property from the city, contracted with Enviro-Fill in 1995 to use clean fill to raise the level of a 22-acre property along 130th Street and Ulmer Avenue from 23rd to 27th avenues to create new ballfields for the College Point Sports Complex.

Instead, Enviro-Fill allegedly dumped demolition debris on the site and covered it with a think layer of top soil. Discovered in the soil were plumbing fixtures, rusty pipes, wallboard and concrete, the DA said.

Rastelli and Marisak face up to seven years in prison if convicted, Brown said.

On Oct. 31, 1997, the city Department of Sanitation ordered Enviro-Fill to halt dumping after a Sanitation inspector examined the debris on the property.

“These cynical conspirators … polluted the land for personal profit and left the city holding the bag for over $10 million in clean-up costs,” said city Department of Investigation Commissioner Edward J. Kurianksy. “But even worse, as they stripmined this ‘Field of Dreams’ into something that looked like the surface of the moon, they also stripped kids of College Point of the ballfields of their youth.”

The College Point Little League, which had more than 1,300 players at its peak, saw its membership dwindle to 242 after the property was closed.

Rastelli and Marisak joined three other men indicted in connection with the dumping. Francesco Casalino of Malverne, L.I. and his brothers Anthony and Joseph Casalino of Howard Beach and three corporations operated by them faced similar charges in a 734-count indictment handed up in May. The three defendants pleaded guilty and are awaiting sentencing, the DA said.

In a news release, Tony Avella, the outgoing president of the College Point Sports Association who has been elected to the City Council from northeast Queens, said “we are pleased that the Queens district attorney, Richard Brown, is continuing to thoroughly investigate and aggressively prosecute those who illegally dumped on the sports complex.”

Avella also said “at the same time we need to redouble our efforts to get the sports park complex built as soon as possible.”

A roller-hockey rink now is the only sports facility on the property. Puddles, uneven dirt and debris comprise the rest of the area, which is surrounded by a chain link fence with signs that read “No Dumping: Fines up to $12,500.”

After the fields were closed in 1997, the city began a cleanup in March 1998. In May 1998, the city returned the association’s check for the fields, which the group leased at the nominal fee of $1 per year.

In March 1999, Avella, who was president of the association when the group contracted with Enviro-Fill, urged the association to turn the property over to the city. The group rejected the proposal, and Avella temporarily resigned as president. The city then took over the property despite the vote of the association, and Avella returned as president.

The city’s takeover of the property was not the only problem that faced the College Sports Association in the late ’90s. According to tax documents, the association lost more than $80,000 in investments during 1997.

Fred Mazzarello, president of the College Point Board of Trade who served on an advisory committee to the association, was also pleased with the indictment.

“I think it’s long overdue, but there’s a lot more to it that’s dragging,” he said. “It’s like a cop screwing up on the beat and the captain gets transferred. It’s lack of oversight. [Avella] should have been watching his own people.”

Avella could not be reached for comment.

Reach reporter Alexander Dworkowitz by e-mail at Timesledger@aol.com or call 229-0300, Ext. 141.