22 THE QUEENS COURIER • JANUARY 25, 2018 FOR BREAKING NEWS VISIT WWW.QNS.COM
Public Advocate backs Whitestone residents’
plan to sue over controversial development site
BY SUZANNE MONTEVERDI
smonteverdi@qns.com / @smont76
Outraged over a state agency’s decision
to give developers its stamp of approval
for less stringent remediation work,
Whitestone residents will pursue legal
action — and they have the support of
the city’s second-highest ranking elected
offi cial.
Dozens of residents assembled at Holy
Cross Greek Orthodox Church for the
We Love Whitestone Civic Association
meeting on Jan. 17, where a hot button
item was on the agenda: the Waterpointe
property.
Th e 18-acre site at 151-45 Sixth Road,
which was formerly an industrial zone, has
been a topic of concern in the neighborhood
for over a decade. Edgestone Group
LLC, the site’s current owner, worked to
remediate the site — which is covered
with toxic soil — under the oversight of
the state’s Department of Environmental
Conservation (DEC) through the voluntary
Brownfi eld Cleanup Program.
Developers are slated to build 52 single
family homes at the site under a special
permit issued by the Department of
City Planning.
Th e site was originally slated for
a “Track 2” residential cleanup, per a
2010 agreement signed by both DEC and
Edgestone. However, in September 2017,
the state agency announced through a
“fact sheet” it had modifi ed the cleanup
agreement with developers: the site
was now slated to achieve a less stringent
“Track 4" cleanup. While normally part of
commercial development projects, Track
4 can be used for restricted residential use
under particular DEC guidelines, according
(Bus. reg.) 189-06 Liberty Ave, Hollis, NY
(Hdqtrs.) 217-04 Northern Blvd, Suite 23, Bayside, NY
to the agency.
Despite protests, DEC issued the owner
a certifi cate of completion (COC) for
their Track 4 remediation work at the site
on Dec. 29. Th e decision prompted a local
call to action.
At the Jan. 17 civic meeting, marine
pathologist James Cervino outlined his
concerns with the change in track and the
toxicity of the soil left behind. He questioned
the potential health impact on
future residents. Due to the lesser track,
Cervino said, more toxins are permitted
to be left behind.
Robert LoScalzo, a local resident, took
issue with another aspect of DEC’s decision.
Allowing single-family homes to be
built on the Track 4 land goes against the
state agency’s own regulations, he said.
Th is was refl ected in the Sept. 20 fact
sheet, which stated the agreed upon single
family homes would not be permissible
at a Track 4 site.
“We’re dealing with a state agency that
has regulations,” civic president Alfredo
Centola said. “Correct me if I’m wrong:
but a regulation is the law … It’s their
rule.”
Aft er hearing Cervino and LoScalzo’s
presentations, Public Advocate Letitia
James said she believes the community
has found the “smoking gun.”
“Clearly, there’s a number of legal
issues: there are confl icts involved, there’s
capricious activity,” James said. “We need
to prepare for a litigation … Th e developers
in this town and this city have too
much power. Th ey have hijacked our government.”
James said the next steps will be to contact
an attorney, conduct an independent
study and prepare for a litigation.
Photos by Suzanne Monteverdi/QNS
Public Advocate Letitia James addresses the crowd next to civic president Al Centola