Monthly Minutes for the year 2007
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Archived Monthly Minutes

Minutes of Community Board 11’s General Meeting and Public Hearing
Held on October 11, 2007 at the
Holy Family Home, 1740 84th Street.

Table of Content
Public Portion
Minutes
Pledge of Allegiance
Disposition of Public Hearings
Assemblyman Colton
Assemblyman Abbate
Chairman's Report
Public Hearings
District Manager's Report
Attendance

William R. Guarinello, Chairman called the meeting to order.

Public Portion                   

John Gorman, a resident of Lake Street, spoke regarding traffic issues, especially during dismissal, at Magen David Yeshiva located at 2130 McDonald Avenue. 

A resident of 62^nd Street between Bay Parkway and 21^st Avenue, spoke regarding school buses that park after 4PM and overnight in the vicinity of St Athanasius School.  These private school buses do not service the school and park there all weekend.

Lieutenant Giovanelli, of the 62^nd Precinct, advised that summonses have been issued to the buses and the bus companies have been notified that they cannot store these buses on the street. 

Mary Placanica, a resident of Lake Street, inquired if the school crossing guard on Avenue S and McDonald Avenue would be permanently assigned.  Lt. Giovanelli advised that it would permanent.

Police Officer Steve Agosta advised that there is a graffiti removal clean-up planned within the confines of the 62^nd Precinct.  If anyone is interested in having their properties cleaned they should contact the Community Affairs Office at 718-236-2501.  In addition, volunteers are needed.

Bob Capano, representing Congressman Vito Fossella, announced that as part of Breast Cancer Awareness Month, the Congressman, in partnership with the American Italian Cancer Foundation, Women’s Outreach Network, Merchants of 18^th Avenue and St. Nicholas Home, have arranged for free mammograms.  The mammogram van will be located at 6623 18^th Avenue, on Tuesday, October 30^th at 8 AM.

Mr. Capano stated that Congressman Fossella has expressed strong concerns regarding Governor Spitzer’s plan to issue drivers licenses to illegal immigrants.  The Congressman questions whether this plan would invalidate New York State Drivers Licenses as an approved form of federal identification.  

The Chairman inquired if anyone else from the public sought recognition.  Hearing none, a motion was made by Louisa Verito to close the public portion of the meeting.  Seconded by Frank Segreto.  Unanimously adopted.

Minutes

A motion was made by Bart Allegretti to accept the minutes of the meeting of September 19, 2007.  Seconded by Leone Demolfetto.  Unanimously adopted.

Pledge of Allegiance

Bart Allegretti had the honor of leading the Pledge.

Disposition of Public Hearing

BSA Calendar No. 202-07-BZ
CEQR No. 08 BSA/3K
2160-2170 McDonald Avenue
Block 7087  Lot 34

The applicant seeks a special permit to allow a school in a M1-1 district.

Frank Segreto, Chairman of the Planning and Zoning Committee reported that the applicant Magen David Yeshiva is seeking a special permit to operate a preschool at 2160-2170 McDonald Avenue in a M1-1 zoning district.

The pre-school is presently located on Avenue T between West 11^th 12^th Streets, with the lease expiring next year.   The proposed site is located on McDonald Avenue between Avenues S and T; the building had 2 tenants, the Visiting Nurse Association and a small metal railing company. 

The building is a two-story, brick building in the shape of a wide “T”.   The building takes up the whole McDonald Avenue façade, while the narrow end facing Lake Street has open spaces at each end.  The school is expected to accommodate approximately 500 students with a staff of 85.  There will be no physical changes to the size and footprint of the building.  The only modifications will be the addition of windows, which will be attenuated to mitigate the noise from the elevated trains.

Mr. Segreto advised that although the site is zoned M1-1, with the exception of the metal working shop and a very small auto yard across McDonald Avenue, the street is essentially non-commercial.  Once the metal railing company relocates the block will consist of a school, one single family home, and one 3-story multi-family residence.  Across McDonald Avenue most of the street is occupied by a public park.

Mr. Segreto advised that approximately 110 public hearing notices were mailed, and only 30 people attended the public hearing last night that was held at Seth Low Intermediate School.

The biggest issue raised was relating to traffic from the existing school.  The residents from Lake Street complained that during drop-off and dismissal, driveways were blocked, parents double park and traffic is bad on McDonald Avenue and Lake Street.  In addition, representatives from United Cerebral Palsy stated that its driveway is blocked by cars.

Mr. Segreto stated that the issues regarding the traffic and double parking that were raised at the public hearing need to be addressed, but as a community not as a Community Board.  The police need to enforce the traffic laws and issue tickets, and tow vehicles, or whatever else is necessary.

Mr. Guarinello suggested that a working committee be formed, which will consist of 5 residents from Lake Street, the Police Department, and Nick Miraglia to address the issues that were raised relating to  the existing school on McDonald Avenue.

The Chairman stated that he concurs with Frank Segreto and that these issues have to be addressed as a community separately from the application that is before us. 

Leonard Beninson inquired if a quorum is required by a committee.  Mr. Guarinello stated that a quorum is required only if the committee votes.  Last night’s meeting was a public hearing and no quorum was necessary.

Mr. Beninson stated that he was upset that the Yeshiva has not acted in good faith and have not ingratiated themselves into the community that they have moved into.  He further stated that there were many issues raised at last night’s public hearing that need to be addressed beforehand. 

He further inquired as to when the school would open.  Mr. Segreto advised that it would be in the fall of 2008. 

Mr. Beninson suggested that a committee of the yeshiva, community board and community members meet to come to an agreement that will be held to and not ignored once the school is opened.  If that can happen, he believes that the community will be happy.  No one wants to deny the children a school.

Rabbi Gary Pollack inquired as to how far back the structure goes.  He was advised that the school will use the existing building.  He further stated that the existing yeshiva had an agreement that Lake Street would not be used for ingress or egress, except for vehicles to gain access momentarily, which is not the case.  Rabbi Pollack suggested that the school have an ombudsman to prevent this type of situation.

Mr. Guarinello responded that no matter what the vote is on the special permit, a committee needs to be formed to address the issues raised at last night’s public hearing.  The Chairman further stated that there are two separate issues, one the special permit, and the second the issues relating to the existing Magen David Yeshiva.

Jerry Chiapetta stated that he understands that the Board has to vote on this issue this evening but would feel comfortable knowing that an agreement was reached prior.

The Chairman advised that the Board of Standards and Appeals is meeting on October 30^th, and if we do not vote tonight the Community Board will have no input on the matter.

Ross Brady made a motion to approve the special permit to allow a school in an M1-1 district with the issues raised relating to traffic, blocked driveways, lack of on-street parking, double parked cars, using Lake Street for ingress and egress by the existing Magen David Yeshiva be addressed.  Seconded by Louisa Verito.   The vote was 15 in favor, 5 opposed, 6 abstained.  Motion carried.

Assemblyman Colton

Assemblyman Colton commended Mr. Guarinello on the handling of this matter.  He further stated that you can trust people, and when you do they respond in a responsible intelligent way.  The Assemblyman stated that we need to bring people together, raise concerns and deal with them in a reasonable manner.

Assemblyman Abbate

Assemblyman Abbate stated that it is always important for the community to hold an open dialogue.

The Assemblyman advised that there is a lot of unfinished business in Albany, especially relating to Economic Development funding.  He is anxious to get back to work on these issues and will provide updates as they become available.

Chairman’s Report

Mr. Guarinello reported that Victory Memorial Hospital is awaiting approval from the New York State Department of Health to have Downstate Medical Center of the State University of New York take over the site. 

There will be a rally this Wednesday at Victory Memorial Hospital to save the hospital.  The Chairman urged people to contact the Governor’s Office, and the State Department of Health to express the need for an emergency room at Victory Memorial Hospital.

Mr. Guarinello publicly thanked the Doctors and staff at Victory Memorial Hospital for their work.

Mr. Guarinello reported that Mapleton Kiwanis is holding a walk on October 27th at 10 AM, at the Dyker Golf Course, 86^th Street and 14^th Avenue, to raise funds for Kiwanis International and Camp Kiwanis.  For further information contact Maureen Neuringer at 718-259-2699.

Public Hearing
 

I.        Draft of Community Board 11’s Capital and Expense Budget Recommendations for Fiscal Year 2009.

Eileen LaRuffa requested that be amended so that item 11, the repair of the Shore Parkway promenade and bicycle path be higher prioritized. 

The Chairman inquired if anyone else sought recognition.  Hearing none, a motion was made by Eileen LaRuffa to close the public hearing. Seconded by Frank Segreto.  Unanimously adopted.   

A motion was made by Dr. Joe Caruana to approve Community Board 11’s Capital and Expense Budget recommendations for fiscal year 2009 as amended.  Seconded by Man Wai Lau.  Unanimously adopted.

District Manager’s Report

Marnee Elias-Pavia, Assistant District Manager, presented the District Manager’s report in Howard Feuer’s absence.

The Neighborhood Advisory Board Brooklyn 11 will be holding a public hearing on federal funding for community services on Wednesday, October 24^th from 7 PM to 9 PM at Intermediate School 96, Seth Low Junior High School located at 99 Avenue P.

The 62^nd Precinct Community Council will hold their regular monthly meeting on Tuesday, October 16^th at 7:30 PM at 1925 Bath Avenue.

The Department of Sanitation has established a Community Advisory Group for the proposed converted marine transfer station.  The group consists of 10 members whose purpose is to advise the Mayor and other elected officials on the development, construction, and operation of the proposed marine transfer station.  The following from Community Board 11 have been appointed:  Howard Feuer, Eileen LaRuffa, Frank Naccaratto, Rabbi Gary Pollack, Frank Segreto, and Louisa Verito.

Leaf collection within Community Board 11 will take place on Saturday, November 10^th and Saturday, November 24^th.  It is mandatory according to New York City’s Yard Waste Composting Law for residents to set out their fall leaves in paper bags or unlined rigid containers.  After these dates, you can put out the leaves with your regular garbage for collection.

 Mayor Bloomberg signed into legislation Intro 548-A, sponsored by Council Members Felder, Gentile, Oddo and Recchia, which calls for the Department of Sanitation’s two residential enforcement periods as 8 AM-9AM and 6PM-7PM.  Under this legislation, the department may only give summonses if residents fail to clean their sidewalks, the area behind their fence and property lines and 18 inches into the street from the curb during these 2-hour periods.  The previous routing period of 12 – 1 PM, when most people are not at home, did not give most residents an opportunity to clean their properties. 

This legislation also calls for the addition of dirty area violations as violations that can only be issued during residential routing hours.  The new residential routing time begins on December 26, 2007.

A motion was made by Tony Troia to adjourn.  Seconded by Man Wai Lau.  Unanimously adopted.