2003-11-14 / Letters



Arverne Project Illegal

Dear Editor;

The property right in question at the heart of this complaint is the
elimination of 46 public Streets that are public access easement extending from the public beach and the Atlantic Ocean. Any approvals by City Planning for this is inconsistent with the Coastal Management Program Policies and violates the Coastal Zone Management Act of 1972 and the relevant federal environmental laws and regulations. 

Citing Town of North Hempstead, et al. v. Village of North Hills, et al., 482 F. Sup. 900 at 905, the court noted that theses statutes of the Coastal Zone Management act (CZMA) and the National Environmental Policy Act (NEPA) by their express language, operate only on federal agencies and impose no duties upon municipalities, unless that municipality is acting in partnership with the federal government. New York City, acting in partnership with the federal government with the federally-approved Waterfront Revitalization Program is a participant of the federal Coastal Zone Management Program.  In addition, the elimination of any public access easement violates a person's 1st, 5th and 14th Amendments of the Constitution as confirmed in Leydon v. Greenwich 257 Conn. 318 in which the judge ruled that the Town of Greenwich in denying access to the waterfront to Mr. Leydon violated his First Amendment rights to access a public forum.

Clearly New York City and State have not followed their own standards of NYC's Waterfront Revitalization Program (WRP) and NY State's Coastal Management Program for land use within the coast zone boundary by approving and permitting actions outlined above that unreasonably restrict and exclude land uses and water uses of regional and national benefit pursuant to the CZMA 1451, 1452.

The City in the approval of Arverne Urban Renewal has acted "ultra vires," or outside the scope of their authority and the law and may be considered an act of official misconduct Title L 195; A public servant is guilty of official misconduct when, with the intent to obtain a benefit or deprive a person of a benefit: The obstruction of a public access easement depriving the public of it use in favor of a private developer. A benefit includes any gain or advantage to the beneficiary or to a third person pursuant to the desire of consent of the beneficiary [ 10.00 (17)].

In addition to, and all inclusive of the land and water use regulations of the CZMA, citing its legislative history, P.L. 92-583, the Council on Environmental Quality made recommendations which were incorporated into the decision-making process of the coastal management programs. In its First Annual Report, CEQ recommended reforms in Government activity needed to institute a national land use policy are undeveloped at this time.  It would be necessary to first determine which levels of government must assume which specific responsibilities and to identify the appropriate mechanism at each level to achieve such a policy. However, this chapter has identified certain aspects of a strategy, which the council feels merit special consideration. On this list of considerations is: Home mortgage and interest subsidy programs should be used to encourage the
proper siting and environmental compatibility of the subdivisions in which new housing is constructed.

This recommendation was incorporated into all environmental reviews and coastal assessment of federal, state and local government participating in the CZMA coastal management program for concurrence at each level of government pursuant to NEPA with the enforceable standards for water and land use regulations in all permitting and decision-making for actions within the coast zone boundary. In addition, a statute designed to protect the environment may, under certain circumstances warrant a liberal interpretation.

The city acting in partnership with the federal government and the developer are responsible for their actions within the coast zone boundary.

The developer, in a pre-partnership agreement with the Federal Housing Administration to give mortgages for the homes to be constructed is also required to do a "detailed environmental study" and " coastal assessment"  as the public is entitled to know about the actions and its environmental compatibility in clear concise language. And also not to prevent any violations of an action to be swept under the rug.       

 New York City with their approval actions to eliminate 46 public access
streets from proximate public lands, the public beach and Rockaway Beach Boulevard and 10 parkland areas, is a null and void action as it cannot be certified consistent with the enforceable standards of the New WRP and, does not further the goals and objectives of the CZMA, and its federal programmatic objectives.


MetroCard Incentives Needed

Dear Editor,

When the MTA introduced the MetroCard into the transit system, it did so with an incentive. You paid your basic entrance fee, using your card, and you could then make as many transfers you wanted within the five boroughs via the bus or train provided it was within a two-hour window of swiping your card to enter the system. That's nice.

I don't have to tell you how many times we had had to go over the Marine Parkway Bridge because our community lacks certain facilities such as shopping, doctors, schools, etc.

Take, for example, a case where you are dropping off your child at private school - then having to pick him up, and subsequently having to bring them back again during the evening for after-school activities. That would six fares! There are many other circumstances that warrant the same situation.

I am suggesting that the MTA give us the same break as they provide for riders of the transit system. As an incentive for the EZ Pass, allow residents to travel through the EZ Pass system with no charge being incurred for any trips subsequent to a paid trip within a three-hour window. What do you think?


Landlord Mistreating Tenants

Dear Editor,

I'm telling my story so that someone else can read it and share information with me to help me solve this situation.

My family and I have been living in a newly constructed home located in Arverne, since November of last year. We have been paying the rent of $1,300 a month on time while the Landlady and her family harass my family, making for uncomfortable living. My lease expires on October 31 and the landlady says that she is not renewing the lease. We have paid October's rent on time even though we haven't received heat for the month. In speaking with the landlady's son we were told that we would not get heat until November 1. I'm assuming the landlady believes my family is moving as our lease is set to expire. We have, however, not gotten any legal written document to terminate this living arrangement.

I have contacted HPD to report the lack of heat and they are looking into the matter. Although I would love to move, I cannot move right away because I have to work to save for the broker's fee, one month's rent and security deposit, which will be higher for a new apartment. It is difficult to buy a house. My family and I are "the working poor" and live from paycheck to paycheck. After the bills clear sometimes, I cannot afford to buy food. I make too much for food stamps and too little to make ends meet.

It seems that tenants have little rights in rental matters. It is customary for the landlord to raise the rent two hundred dollars or more as there are no regulations or rent controls for private homeowners. When the tenant cannot meet the demand of the landlord they are forced to move out.

There must be viable options to protect the rights of tenants. Because we are in a private house, living closely with the landlady, I feel victimized by her tactics to push us out.

I welcome any information that may be helpful in protecting the welfare of my family.


Memories of Rockaway Past

Dear Editor,

What did I know? A smart alack kid from the Bronx! At twelve I thought when someone said we're going to the beach, I figured they were going to the roof. We called it tar beach. Sand? What's that? An ocean - isn't that something in Moby Dick?

Well it didn't take long for me to eat humble pie as soon as we landed here for our first full season - a love story began with that first step into the sand and dip in the ocean and has lasted so far for fifty years!

Being first generation Irish and very proud of my heritage, I don't think anywhere in the world could you find so many others in your same situation!

The wonderful Irish town (the Dublin House; Sligo House; Leitrim Castle, etc.) with marvelous music, entertainers, dancing and just wonderful times.

The great basketball games at 108 Street and also on the weekends at Riis. Evening baseball on the beach with the boardwalk being the backstop. The fantastic American Legion ballgames at the 149 Street field. Stickball on the streets and car fenders used as first and third.

Families after dinner on Wednesday nights heading to St. John's Home to catch the "Peanuts" in concert (three time winners on the Ted Mack Original Amateur Hour" and the turning around on the boardwalk and facing the ocean where the Schaeffer barges were setting off fireworks. Schaeffer beer also sponsored the striped-bass contest for surf casters.

I vaguely remember the Chinese Laundry on 115 Street, but I always wondered what happened to all those other people on the block that summer we were there. Next to the pool were the Garcia's, Geraces' and LaRutta's. Then Mary Holland; the Cranberry's, Luke and Sheila Finn, the Healy's, Hickey's, Bill and Bob Cullen, the Corry's (May, Kay, John and Danny), the Lang's, the Curtain Family (Frank, Lauretta, Eileen) in whose basement, thanks to Eileen and Lauretta, I lost my two left feet and learned the Lindy.

These wonderful people sure made a wonderful summer for me and a great initiation to Rockaway! Mr. Traviman in his Bakery letting me and his son Billy write on the birthday cakes and munch away on their black and white cookies. Then the wonderful 116 Street small town flavor from beach to bay.

The Five and Dime store now has risen up to 99 cents. The library where we would go and raise our voices to vex the librarian. John's Lobster House with those lobsters in the window and how we would bang against the glass to stir them up. And who could ever forget the Park Movie Theater. It wasn't those early Saturday funnies and matinees, but I'm sure everyone remembers the balconies on Friday and Saturday nights.

One can never forget the wonderful penny arcade and how you would collect and save all your coupons from Pokerroll and Skeeball to get a bigger prize around Labor Day.

Then the beach and the loveable Mozic, Dave Bunion and all his seasonal park helpers.

The marvelously huge Curly's Bath House - and beside the soda fountain at Jacob's how about the jukebox? Rohr's Chocolates. Harbor Bake Shop (my breakfast break and their great crumb buns as well as everything else) - Cushman's on the corner - the lovely little art shop is now a realty office - Brown's has now expanded on the next block close to the firehouse. Jamaica Bank is now Northfork. Anyone remember the Paragon Restaurant and the Diner? Calucci's Bar is gone now on the Newport Corner.

One of the most treasured memories of those says were those anchored boats outside that marvelous hotel on the bay and 116 Street. I remember it had a dance floor in the days of Shaboom. Rock-around the clock - smoke gets in your eyes (Platters). I remember being there in a white sport coat and a pink carnation dancing with an earth angel (a beautiful daughter of a policeman from 120 Street.) I always wanted to thank her for taking the kid out from the Bronx and introducing him to Rockaway with lasting and warm-hearted memories.


God Save the Claddagh Inn

Dear Editor,

God Bless the Claddagh Inn, especially at Thanksgiving and Christmas time for all the joy, food and high quality clothing that they provide to the elderly and those is need in the Rockaway community. As a victim of domestic violence, I am particularly appreciative to the Claddagh Inn for all its help throughout the years. The hot meals, pantry, extra potatoes and full boxes of fish sticks, along with warm coats and sweaters for my asthmatic children has made this holy place a lifesaver.

Many women go back into dangerous situations due to economic reasons. But the Claddagh Inn offers an olive branch so that re-singled women never have to go back to living in dangerous situations due to a lack of money. I owe the Claddagh Inn for a better way of life. I am just appalled that greedy developers want to tear this place down, just to build (in my opinion) some substandard houses made of thin exterior paneled walls - that are not fit for humans to live in. May God save the Claddagh Inn.


Timing Is All Wrong

Dear Editor;

Howard, your statement in last weeks Editor's Desk: "I believe that the tail was flawed from the first, that it fell off, taking control surfaces and wiring with it, causing the small fires and explosions seen by the myriad of eyewitness".

That would be a theory we eyewitnesses wish were true. But one piece of this puzzle that does not fit into your belief, is that at least two dozen eyewitnesses (see NTSB witness data) saw an explosion or fire BEFORE the separation of the tail. I know- we saw too many movies and therefore our judgment is flawed!

As the NTSB has shown, the wake turbulence was almost imperceptible and created no measure-able change to the aircraft's attitude.  Some other issue certainly caused the pilot to enter the control inputs he did. No good explanation has been offered beyond that he over-reacted.

The excellent, understandable article written by Victor Tombettas of
last week holds true. Why after two years has nothing been done besides focusing attention on pilots.


Wave Displeasure at K of C

Dear Editor,

At our regularly scheduled meeting held on Tuesday November 4, I was requested by our membership to voice our extreme displeasure in regard to the manner in which the article pertaining to the arrest on Beach 90 Street was written.

Throughout the article, numerous references were made regarding the Knights of Columbus including that the arrest was made "right outside the Knights of Columbus." In addition, the article was shaded while the rest of the page was not. I trust that 90 Street has not been the only place on the Peninsula that has been the site of a drug bust. Seldom have we seen articles that identified the name of an organization that happened to be situated in front of a location where an arrest is made, usually just the address is given.

We would trust that a local community-minded paper such as the Wave would try to avoid alienating such a large portion of their circulation base.

Perhaps you would consider writing about some of the things that we do for the community. A small sampling consists of our Thanksgiving Food drive, which is in full swing. Gifts for the children's hospitals are being collected. Come on down the block and we will provide you with positive stories that may not sell papers, but reflects what the Knights of Columbus is all about.



Wants Non-Partisan Elections

Dear Editor:

I don't believe the "Non Partisan Elections" has been defeated here in New York, leaving the archaic primary system as is, an unconstitutional way of selecting our administrators.

With the primary "as is, that only people registered with a party can vote, and only vote for the person designed by the party, a denial of free expression.

A non-registered person has no right to select candidates for November General Election and that sure is a denial of free expression, sure unconstitutional (what a farce).

With the new system, regardless of party registration or no registration at all, we could have voted for the person deemed most qualified for the position. I am not saying that, with the new system, my free vote would get my man to a final victory oh no, I am not that naive. I am only saying that the old system denied my free expression to selecting candidates for the November General Election. Oh, sure you could say that, in November, I am free to vote for anyone. Vote for anyone? Who do vote for? for the people designated by the party and selected by the registered persons with a primary in September?  Thank you for the offer. 

Of course, under the new system, the parties could still have shoved a candidate in our throats with lots of $$$$, but at last, we could have told tell them and their designees to take the 50, 60, 70 millions and "stick it."  Anyone, with a qualification, of course, could have been a candidate, without being  affiliated/registered ala old  "TOWN HALL MAN" and more importantly, if elected, without being a "puppet" of the party anymore.

Could the new system have prevented that an 87 billion dollar "Reconstruction Program"" be award­ed only to "friends" and therefore leaving the rest of the country holding the "bag"? I think so "I didn't have time to see if others were qualified" What a statement, what a farce.

Anyway, if someone tells you about the "Non Partisan Elections" system, you can tell him that you saw it  first , three years ago, in the Wave (well, I called it "Open Primary").

ANGELO GUARINO                                                                                        

Rats on the Boardwalk

Dear Editor,

This is in reference to a serious situation, which we've had since last year. Under the boardwalks between Beach 84 Street though Beach 105 Street these is a nest of baby rats hibernating. My husband and I sat on the bench last weekend when we spotted at least two baby rats in the bushes and running across the street. Those rats could go into the playground area where the children play and bite them. I have made numerous phone calls to the health department, and they said they would send an inspector out here in two weeks. I also spoke with someone in the Parks Department, and they said they would speed up the phone call I made to the health department.

I spoke with someone from the Sanitation Department: they said they bagged a few rats on the boardwalk, but what they need to do is get the nest so that they cannot spread. I also spoke with a few politicians and it was to no avail. Nothing was done. We need to get this problem resolved ASAP or we will have a serious health situation here. Please do something about it, it is imperative that the politicians really get on the ball here, and not to worry about small issues, but this is a big issue.

No more excuses from these honchos. Let's get the ball going. Keep Rockaway clean the way it is supposed to be: drug free and rodent free.


Return to top

Email Us
Contact Us

Copyright 1999 - 2016 Wave Publishing Co. All Rights Reserved

Neighborhoods | History



Check Out News Podcasts at Blog Talk Radio with Riding the Wave with Mark Healey on BlogTalkRadio