Monthly Minutes - October 2009

Public Portion top

Charles Glover advised that he has been working with Marnee Elias-Pavia on a revitalization/clean-up project for 86th Street. He stated that 86th Street has had frequent turnovers of tenants and the goal is to keep the area a positive, clean, commercial corridor for both the merchants and residents. As part of this initiative, there will be two educational seminars for the merchants on October 14th and 15th, in order to provide them with tools to be successful. This initiative has proven successful in other neighborhoods, most recently Chinatown, with a 70% compliance rate of the rules and regulations as they pertain to businesses.

He further stated that if anyone had questions or issues, he is available.

Mary Placanica, representing Assemblyman William Colton, advised that the Department of Education will be holding a meeting on October 22nd regarding proposed programmatic budget cuts this January. The funding for these programs was allocated for the entire school year. Petitions are available this evening.

Jonathan Yedin, representing Congressman McMahon, announced that the Defense Appropriations bill passed the House of Representatives, which was one of the first bills the congressman wrote. The bill mandates that veterans returning from Iraq and Afghanistan receive mental health screening.

He additionally reported that enhancements have been made to the “Hates Crimes Bill” to include discrimination based upon sexual orientation.

Maya Kremer introduced herself as Congressman Nadler’s Brooklyn Director. She advised that the Congressman has introduced legislation to ensure that all women over the age of 40 receive preventive screening for breast cancer regardless of cost.

The Chairman inquired if anyone else from the public sought recognition. Hearing none, a motion was made by Bart Allegretti to close the public portion of the meeting. Seconded by Louis Crispiano. Unanimously adopted.

Public Hearing top

Draft of Community Board 11’s Capital and Expense Budget recommendations for Fiscal Year 2011.

Mr. Guarinello inquired if anyone from the public sought recognition on this matter. Hearing none, a motion was made by Man Wai Lau to close the public hearing. Seconded by Frank Segreto. Unanimously adopted.

Pledge Of Allegiance top

Councilman Vincent Gentile had the honor of leading the Pledge.

Minutes top

A motion was made by Dr. Joseph Caruana to adopt the minutes of the September 10, 2009 meeting. Seconded by Antonio Troia. Unanimously adopted.

Chairman's Report top

Mr. Guarinello advised that the Mayor and City Council authorized the NYC Penalty Relief Program for Homeowners and Businesses. The program runs through December 21st, and allows those homeowners and businesses to resolve ECB violations that are “in default” and for which a hearing was held before May 1, 2009. Applicants can resolve their default violations by paying the base fine. Applications and info are available on the table for those interested.

The Chairman thanked Councilman Gentile for working expeditiously on the Bob Buonvino street renaming, which was held last Saturday.

The Chairman appointed Man Wai Lau as designate representative to the Brooklyn Borough Board and Marnee Elias-Pavia as an alternate.
Mr. Guarinello appointed an ad hoc committee to deal with illegal curb cuts and parking pads in district. The committee will consist of Frank Segreto, Chair, Planning and Zoning Committee, Vincent Nativo, Chair, Housing Committee, Barbara Parisi, Chair, Transportation Committee, and Nick Miraglia, Chair, Public Safety Committee.

Assemblyman Abbate top

The Assemblyman announced that since the legislature is not in session, it provides him with the opportunity to focus on issues within the community. He advised that he has been attending meetings with various agencies.

The Assemblyman provided an update on the rehabilitation of the “D” line subway stations. The project was funded partly through the State, as well as stimulus funds obtained by Congressman McMahon.

He further advised that he has met with the New York City Department of Transportation to discuss obtaining additional paving and installation of traffic signals.

Assemblyman Abbate reported that he recently met with the Parks Commissioner. He advised that funds from a State Grant would be used to repair sidewalks that were damaged from a New York City street tree. He requested the communities help in identifying those properties that have damaged sidewalks.

Councilman Vincent Gentile top

The Councilman advised that the Mayor has signed the bill that he introduced, which makes it safer for fire fighter to enter tall buildings. The law calls for the Department of Buildings to conduct hydrostatic pressure testing of standpipes to ensure that they are operational and able to pump water up to higher floors.

He reported that at today’s Transportation Committee hearing, two of his bills were discussed. The first bill requires that the Department of Transportation notify the Council Member and Community Board changes on any parking regulations or meter rates 60 days before changes go into effect.

The second bill requires that the Department of Transportation presents pilot programs to Community Boards prior to their implementation. Feedback from Community Boards must be solicited and responded to within 30 days of the project's implementation. They must attend full Community Board meetings to make full presentations with visual displays and maps so that public has a clear understanding of what they are proposing.


The Councilman further advised that he is also working on bills that would, 1) allow people who respond to parking tickets online the ability to upload supporting documentation and photographic evidence; 2) requires that on appeal an administrative judge provides a reason as to why they rejected your argument; and 3) the suspension of penalties and late fees for those who continue their appeal.

Dispostion Of Public Hearing top

Marnee Elias-Pavia advised that there is an addition to the Capital Budget: the reconfiguration of the Eastbound Belt Parkway entrance at Shore Parkway.

A motion was made by Frank Segreto to approve the draft of Community Board 11’s Capital and Expense Budget for Fiscal Year 2011 as amended. Seconded by Eileen LaRuffa. Unanimously adopted.

Planning And Zoning Committee top

Frank Segreto, Chairman of the Planning and Zoning Committee, reported that Kon Café Corp, 2001 Stillwell Avenue, came before Community Board 11 last June, requesting an unenclosed sidewalk café consisting of 31 tables and 68 seats. The applicant has amended their application to 18 tables and 39 seats.

Mr. Segreto recommended that a new public hearing be waived since the new plan is significantly scaled down from the proposal the Board approved.

A motion was made by Al Campanella to waive a public hearing for the reduced use of Kon Café, 2001 Stillwell Avenue. Seconded by Lou Crispiano. Unanimously adopted.

Public Safety Committee top

Nick Miraglia, Chair of the Public Safety Committee, reported that the committee met this past Monday, which was well attended by members of the committee and the Police Department. The issues discussed were car services parking their vehicles in the vicinity of their base station, and vehicles bearing TLC plates parking overnight on the street. It was also noted that ambulettes, and vans that are not registered as commercial but being used for commercial purposes are storing their vehicles overnight.

The District Manager advised that she would contact the Taxi and Limousine Commission to request inspections to ensure that the off-street parking regulations are being complied.

District Manager's Report top

Marnee Elias-Pavia announced that the Department of Transportation just sent notification that they are proposing safety enhancements for a 10-block segment of West 6th Street similar to the work that was done on 7th Avenue in Bay Ridge. The drawings submitted had no left turn lanes, and we were advised by DOT revisions would be made. Once the revised drawings are received, it will go to committee for review and recommendation.

The District Manager reported that at the October Borough Board meeting, the Department of City Planning made a presentation regarding a proposed citywide text amendment pertaining to preserving citywide streetscape character of residential neighborhoods, which should be certified in November.

The proposed text amendment seeks to modify parking and curb cut regulations in R1 R2 R3A, R3X, R3-1, R4A, R4-1, and R5A districts and R6A R6B R7A R7B R7X R8A R8B R8X districts, and front yard planting.

During the review of the Bensonhurst Contextual Zoning Study, there was discussion regarding the proliferation of curb cuts and front yard parking pads. City Planning presented a plan that would effectively characterize and preserve the existing homes in the study area, and the areas were primarily rezoned to R4-1 and R5B.

The predominant character of a R4-1 District is semi-detached or detached properties that have a side yard driveway that leads to a rear garage. It was our understanding that if a group of pre-existing – non conforming attached row houses fell within the newly rezoned R4-1 district and did not have a side yard driveway – parking would not be permitted in the front yard.

While this is not known if this happened in our board, I do know that this has happened in Community Board 10. A permit was issued, which was appealed based on that the side lot ribbon cannot be in any open area, which is in between the street line and street wall. The BSA, in a split 3-2 decision, ruled that accessory off- street parking was permitted in a front yard.

When this Board adopted the Bensonhurst Contextual Zoning Study, the intent was to preserve the character and streetscape of our neighborhood. The District Manager requested that the Board consider adopting a resolution that will call upon the Buildings Department to carefully review curb cut and parking pad applications in the lower contextual zoning districts to ensure that the intent of the zoning resolution is adhered to, until this new text amendment is adopted.

A motion was made by Frank Segreto to call upon the Department of Buildings to carefully review curb cut and parking pad applications in the lower contextual zoning districts to ensure that the intent of the zoning resolution is adhered to, until this new text amendment is adopted. Seconded by Man Wai Lau. Unanimously adopted.

The District Manager announced that Community Board 11 has received a public notice of a scoping meeting in connection with the proposed redevelopment of 1752 Shore Parkway for a proposed BJ’s. The Department of City Planning, acting on behalf of the City Planning Commission, has determined that a draft environmental impact statement is to be prepared. Pursuant to state and local law, City Environmental Quality Review identifies any potential adverse environmental effects of proposed actions, assesses their significance, and proposes measures to eliminate or mitigate significant impacts. The meeting will be held on Thursday October 29th at 10AM at the Department of City Planning. Written comments may be made through the 10th day following the scoping meeting.

Once the draft environmental impact statement is deemed complete, the formal public review process will begin.

Ms. Elias-Pavia reported that It’s My Park Day will be held on October 24th. Volunteers will be working on Bath Beach Park, Bocci Courts. Brian Matula, TD Bank, who was present, will be donating plants on behalf of the bank to help beautify the park.

She additionally advised that the Department of Sanitation will begin its Annual Night Plow Operation that enables the Department to respond promptly and effectively to snow and ice conditions around the clock. When the Department is not handling snow and ice situations, night shift Sanitation Workers will collect household refuse and recycling. As a result, on November 9th the following areas will be collected at night: 61st – 68th Street and 14th Avenue – 24th Avenue.

The District Manager revisited the issue of curb cuts throughout our community. She stated that many of the illegal curb cuts had been previously violated by the Department of Buildings. Unfortunately, once a violation is issued the Department has no further enforcement power to restore the curb. Although the Board has adopted resolutions in the past, which calls for the Department of Transportation to restore illegal curb cuts, once they are violated by the Department of Buildings. This issue needs to be moved forward in order to preserve the character of our communities.

There was discussion regarding this issue.

A motion was made by Frank Segreto to authorize the District Manager to send correspondence to the Mayor outlining the position of Community Board 11, as they relate to illegal curb cuts. Seconded by Eileen LaRuffa. Unanimously adopted.

New Business top

Mr. Guarinello discussed the elimination of fee exemption for non-profit and charitable organizations for FDNY fire inspections. He stated that many non-profits and charitable organizations have multiple program sites and the inspection costs could run into the thousands. Additionally, in these difficult financial times, any additional fees imposed have the potential to eliminate programs to our city’s most vulnerable groups.

A motion was made by Antonio Troia opposing the elimination of fee exemption for non-profit and charitable organizations for FDNY fire inspections. Seconded by Frank Segreto. Unanimously adopted.

A motion was made by Msgr. Cassato to adjourn. Seconded by John Garvey. Unanimously adopted.

Attendance top

Present
• Bart Allegretti
• Gerald Bertuna
• Maria Campanella
• Albert Campanelli
• Dr. Joseph Caruana
• Rosa Casella
• Msgr. David Cassato
• Jerry Chiapetta
• Louis Crispiano
• Salvatore D’Alessio
• Mafalda DiMango
• Joseph DiSanto
• Paul DiSpirito
• Charles Farrauto
• Anthony Favale
• Shirley Fineman
• Shirley Fineman
• John Garvey
• William Guarinello
• Eileen LaRuffa
• Man Wai Lau
• Rosalee Manitta
• Camillo Messina
• Albert Milone
• Nicholas Miraglia
• Vincent Nativo
• James Orlando
• Rabbi Gary Pollack
• Angelo Russo
• Frank Segreto
• Angelo Siciliano
• Antonio Troia

Absent
• Leonard Beninson
• Iris Chiu
• Donald Clark
• Sarra Fronshtein
• Angel Geraldi
• Anthony Mallozzi
• Corrado Manfredi
• Ella Nigro
• Stanley Roher
• Kalman Talbek

Excused
• Steve Balasiano
• Ross Brady
• Thomas Colasanto
• Kevin Ly
• Raymond Mollica
• Barbara Parisi
• John Raffaele

Guests
• Ramona Pontone
• Brian Matula
• Stephanie Giovinio – Councilman Gentile
• Kenneth Lazar – DOB
• Jane Adler – Councilman Felder
• Lucretia Regina Potter – Republican District Leader – 49th AD
• Mary Placanica – Assemblyman Colton
• Alice Wong – Brooklyn Borough President
• Charles Glover – Mayor’s CAU
• Lucille and Andrew Santano
• Maya Kremer – Congressman Nadler