City of Yes & Ballot Proposals Top BHPOA Meeting

By Katie McFadden

On Tuesday, October 21, The Belle Harbor Property Owners Association held its monthly meeting at the Belle Harbor Yacht Club. The meeting was full of updates from the NYPD, elected officials and their representatives and urban planning expert Paul Graziano, who provided the latest on the City of Yes lawsuit and how the vote on city ballot Proposals 2-4 could impact New Yorkers.

BHPOA President Paul King spoke about the upcoming election and encouraged everyone to go out and vote. “We have influence if we vote. This is our future,” he said. He also spoke about progress in the BHPOA’s recruitment drive for more members. The BHPOA is trying to reach 500 members. So far, they’re at 332, which is the most they’ve had to date.

Assemblywoman Stacey Pheffer Amato then provided updates. She spoke about two 9/11-related bills she had signed into law. She also spoke about the rebate checks being sent out from the governor’s office, which are in the process of being mailed out. For those who don’t receive them by the end of the year, contact the Assemblywoman’s office. A question was asked about whether that money is taxed, to which Pheffer Amato said yes. The assemblywoman sits on a Resorts World Community Advisory Board, and the casino in Queens is in the running to receive a gaming license, so they can expand beyond digital games and offer table games. With that, the casino may be able to expand the hotel, parking lot and offer live music, an opportunity that would create more jobs, and there are upgrades coming to the A train station there. She also said there are plans to develop Aqueduct Racetrack, as all activities will move to Belmont, and Aqueduct will shut down to make way for workforce housing. She also announced that the state is in a $750M deficit, which could grow to $7-$10 billion in the wake of Medicaid cuts. Given the recent vandalism at churches in Far Rockaway, Pheffer Amato spoke of grants for extra security measures at religious institutions, so they can get more security guards or cameras.

Some attendees had questions. Someone asked about when the old wooden pilings on the beach are supposed to be removed, as they’ve become a hazard. Ciara Donley of Councilwoman Joann Ariola’s office chimed in, saying it won’t happen until 2026. A question was asked about why people are receiving rebate checks when the state faces a tremendous deficit. Pheffer Amato said the decision was made last year, before the state was having a deficit.

Next were updates from the 100th Precinct. Deputy Inspector Carol Hamilton said they had 126 major crimes for the summer, which was a 17.6% decrease from last summer. Out of the 126, 34% were felony assaults. She also said theft on the beach was lower due to more signage warning people to keep their belongings safe. Of the 126 crimes, 31 were in Sector Charlie (Beach 110th to Breezy Point), the lowest of their sectors. Sector Adam, where the Hammels are, had the highest. She then introduced the new Quality of Life Team (Q-Team officers) who are tasked with addressing issues such as public urination, open containers, loud music and other 311 complaints. Audience members had specific questions about parking enforcement.

Joseph Edwards of Rep. Gregory Meeks’ office spoke more on the wooden jetty issue. It’s undergoing a city approval process. The four east of Beach 32nd are currently being removed and the 19 west of Beach 32nd will be removed next year. With the government shutdown, Edwards warned that American Care Act tax credits may expire if the shutdown doesn’t end by November 1 and there are concerns among Medicaid and Medicare recipients. He said social security benefits will not be interrupted. Meeks’ office is also currently in the process of nominating candidates for military academies.

Donley of Ariola’s office said homeowners eligible for the STAR program should start to receive reimbursement checks if they purchased the city’s garbage cans. Contact Ariola’s office if you don’t receive a check. On December 7, her office will host a Christmas in Belle Harbor event on Beach 129th Street. Speaking briefly on ballot proposals, Donley said, “2, 3 and 4 would give away public power to developers and won’t make the city more affordable. The misleading proposals will fail to create affordable housing by taking away power to hold city developers accountable. These proposals try to trick voters. Vote Yes if you are agreeing to the mayor taking your voice away. Vote No if you want your voice to be heard.” Lastly, she spoke about Ariola’s Thanksgiving Food Giveaway on November 26. Call the office to reserve a pre-cooked meal for four at 718-738-1083.

BHPOA member Mark Viola spoke about a recent meeting with NYC Parks officials, mostly to discuss mobimat maintenance in the winter. Viola said the officials were open to hearing his plans to prevent the mats from being damaged.

Lastly, Graziano spoke on the City of Yes lawsuit and the ballot proposals. City of Yes was approved in December 2024. Within 90 days, at the end of March, Graziano, environmental attorney Jack Lester and 121 plaintiffs put together a lawsuit against it in a court in Staten Island, saying City of Yes skips the State Environmental Quality Review Act, which is a state law that must be followed. On July 16, they provide oral arguments for the lawsuit, with more than 100 people showing up for support. The case was assigned to Judge Lizette Colon. Graziano said they had two things going for them, as the city’s attorney spent time lecturing the judge, and she told the judge that the city can’t follow the state law and do mitigation since it would take away from the city building housing. “They basically admitted they’re breaking the law,” Graziano said. He added the judge took intense notes and is in the process of reviewing 11,000 pages of records submitted in the case before providing her decision, so a decision will take time.

Meanwhile, City of Yes is already in play, as the lawsuit doesn’t pause it. “The city is giving out permits like candy,” Graziano said. “Builders are buying homes in two family zones like Rockaway Park, and they’re in transit zones, so they can have a 14-unit apartment building as of right now.” Due to Rockaway being a coastal zone, some aspects of City of Yes don’t apply, such as permission for Accessory Dwelling Units. A big problem around the city, but not yet Rockaway, are the development of Battery Energy Storage Systems (BESS), which is allowing storage facilities for dangerous lithium-ion batteries, which could be used during power surges on hot days, to be built on “any residential piece of property,” according to Graziano. There have been several protests against them in Brooklyn, Staten Island and mainland Queens. “These are the batteries that are exploding and catching fire in e-bikes and scooters. There have been over 600 fires in the last two and a half years. Once these catch fire, you can’t put them out,” he said, citing an example in California where a battery storage facility in California burned for two weeks, forcing the entire town to evacuate and it now being contaminated. “This is the future, and they can do this anywhere because city council approved this,” he said.

Lastly, Graziano spoke about the ballot proposals, suggesting that people vote No to all six. He focused on the land use oversight questions, 2, 3 and 4, and how they came to be. Graziano said just days after City of Yes passed, Mayor Adams announced the City Charter Commission would create proposals with the goal of increasing density across the city. Even City Council pushed back on the proposals due to their unfair wording.

Question 2 would “fast track affordable housing.” Graziano explained this would target the 12 community boards in the city with the lowest number of affordable housing units. This currently doesn’t include Rockaway, but it is reassessed every five years. “You will be targeted and will have high density affordable housing being built wherever they want and ‘affordable’ is a stretch. The council will be removed, and the Community Board will be truncated, and the Board of Standards and Appeals will make the decisions, which is only appointed by the mayor,” he said, effectively getting rid of the current seven month land use review process.

Question 3 would Simplify the Review of Modest Housing Projects. Graziano explained this would take city council out of the review process, and leave decisions up to the City Planning Commission, also appointed by the mayor. Question 4 would Establish an Affordable Housing Appeals Board. “This would take away local council members’ power. Right now, they have member deference. Basically, if someone comes in and Joann Ariola says this plan is horrible, the rest of the Council respects you and is going to vote with the council member,” he said. Instead, the new Zoning Board of Appeals, made up of the city council speaker, the borough president and the mayor, would be able to reverse any decision made by city council on affordable housing projects, effectively taking the voice of city council members representing the wishes of their community, away.

Graziano and Lester are so concerned that they took the city to court, as they find the questions unconstitutional. An environmental law judge was initially assigned to the case but was switched out last minute to Judge Pearlman, a former counsel for Gov. Hochul, who shot down their lawsuit. Lester appealed it immediately and is awaiting a decision.