2006-11-17 / Community

Expert Says New Home Is In Wetland

By Brian Magoolaghan

The plywood fence separating Anthony Kuar's property from a house construction site next door was torn down recently by high winds. Kuar says he was injured. He is fighting construction of the home. The plywood fence separating Anthony Kuar's property from a house construction site next door was torn down recently by high winds. Kuar says he was injured. He is fighting construction of the home. A Bayswater man who is trying to stop a house from being built on a tiny sliver of land between his home and Jamaica Bay has hired a wetlands expert to investigate the matter and designed a website dedicated to his cause.

Anthony Kuar of 1416 Point Breeze Place wants to stop Aurohom Shoop - who sold Kuar his home last May - from building on the adjacent land at 1412 Point Breeze Place.

Kuar recently commissioned Mickey Maxwell Cohen, an environmentalist and wetland delineator certified by the United States Army Corps of Engineers, to survey Shoop's property. On November 1, Cohen performed a survey and, according to his report, found evidence of a tidal wetland and reiterated that a DEC permit was needed.

"I wanted to do my research on my own because I wasn't getting any feedback from the DEC," Kuar explained.

Field investigators from the Department of Environmental Conservation issued summonses and stopped work on Shoop's home last month, after determining that the foundation was within a tidal wetlands area and the proper permits had not been sought. The matter has not been resolved, according to a spokesperson for the agency.

The Department of Buildings has responded to complaints at the site and is investigating but hasn't issued its own Stop Work order, according to the agency's online profile of the property.

Kuar said he was recently injured when the plywood wall separating the two properties was brought down by gusting winds. He photographed the downed plywood and the exposed nails and posted on his website www.Machaceh.com, where he has posted other photos, a copy of his petition against Shoop's project and his thoughts.

Kuar is also challenging Shoop's easement rights, which are included in the property sale records filed with the Department of Finance.

Cohen's conclusion and the DEC's interest in the matter have made Kuar confident that Shoop won't be able to take away his view of Jamaica Bay. "I don't think he's ever going to be able to build there," Kuar said this week.

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