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The Civic Scene: Irate homeowners attend Weprin’s zoning meeting

By Bob Harris

Resentment by residents of eastern Queens in Floral Park brought out a large, angry crowd that ranted against the building taking place in their community. The auditorium of IS 172 was mostly filled with homeowners who shouted and ranted against the destruction of one-family homes that are being replaced with larger homes out of character with their community and which tower over their homes. They also wanted the Zoning Resolutions enforced.

Complaint after complaint by civic associations and homeowners had persuaded Councilman David Weprin (D-Hollis) to bring to a Town Hall meeting Queens Department of Buildings Commissioner Magdi Mossad, Director of Queens City Planning Department John Young and Deputy Commissioner of the City Planning Commissioner Corrine Lindo. The auditorium was filled with shouts of homeowners who did not like the responses the above officials gave to their questions during the meeting.

Mossad gave a short preliminary statement during which he said that Buildings is looking at the whole procedure by which a building can be built, from prefiling to investigation of complaints to enforcement of the Zoning Resolution to actually obtaining a certificate of occupancy, which makes the building legal. He said that the New York City commissioner of buildings has been looking into these procedures since she took over 18 months ago, but while she fiddles, Rome is burning. If they would just read some of these Civic Scene columns, they would know of the many zoning complaints from residents.

Young said that the big crowd must mean that there are some serious problems. He said he wants to maintain the current suburban character of our Queens communities. He knows there are complaints from residents because I have heard him at Queens Borough President Helen Marshall’s Zoning Task Force meetings. Yes, the City Planning Commission has rezoned some areas to protect them from developers, but it is too little too late and too slow.

Members of the Royal Ranch Civic Association came out in force because one of their blocks is zoned for multi-home buildings, but only one-family homes are actually there. A builder bought a one-family home and, due to the zoning, tore it down and built a two-family house. The civic recognized this problem months ago and applied to downzone the block to represent what is actually there, but as the months went by builders have gotten hold of another house.

Young replied that the rezoning was in the pipeline and that it takes months for an environmental review. When he said that they will be able to start the hearings for the rezoning in March 2004 people started to yell and boo. Later he said that perhaps they could start in February or March. When someone asked why builders can get variances to build bigger, actually a different issue, someone yelled out, “It is because of the money involved.”

A woman complained that a person bought a house next to hers in another area, and a surveyor put a stake in the ground. A few days later they came back and moved the stake onto her property. She complained that when she called the Department of Buildings she was told, “You can only complain after they start building.”

The commissioner said he would check on this statement and situation. Builders demolish at night with bulldozers although it is supposed to be done by hand during the day. Just look at all the holes in Fresh Meadows and Jamaica Estates where houses once stood.

David Roth, a resident, complained that when he moved here in 1985 it was discovered that his house was 1/2 inch too large and his architect had to reduce its size. He complained that these days he sees houses of every size and shape, which are not similar to the current one-family homes. The audience applauded and yelled again after that statement.

The discussion resulted in the commissioner’s saying that if something is not legal the Buildings Department will not give a certificate of occupancy. Some people pay in cash and just do not care about a certificate of occupancy.

What some builders then do is go to the Board of Standards and Appeals and ask for a variance to keep the large illegal house the way it is. Often they plead that they have spent so much money. This is like the person who kills his parents and then pleads that he is an orphan and should be given mercy.

Mossad explained that there is a legal process that must be followed. His department investigates and the courts decide. He reminded people that they have to go to BSA hearings, which happen to be in Lower Manhattan. People again yelled about this statement. I hate to say that after decades of no problems in my civic, the West Cunningham Park Civic Association Inc., there are now two cases before the BSA concerning increasing the sizes of community facilities.

About this time during the town hall meeting, a police officer appeared in the front of the auditorium and just stood there leaning against the wall.

(To be continued next week)