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Rohma Abbas

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State appellate court sides with municipalities in rulings

Northport power plant. File photo

Huntington Town and Northport-East Northport school district’s fight to knock the lights out of a Long Island Power Authority lawsuit that looks to drastically decrease how much the utility pays in taxes on the Northport power plant recently got a big boost.

Last week, a New York State appellate court ruled in favor of the municipalities, clearing the way for both to go to trial against the utility and engage in pretrial depositions and discovery. In 2010, LIPA filed a tax certiorari lawsuit against the town, claiming the town greatly over-assessed the Northport power plant and that it should be paying millions less in taxes.

Northport-East Northport schools, along with Huntington Town, filed companion lawsuits in May 2011 that claimed LIPA didn’t have the right to file to reduce its taxes and that it breached a 1997 contract promising it wouldn’t. In 2013, a New York State Supreme Court justice upheld the district and town’s rights to sue LIPA and National Grid, and last week’s court ruling upheld that lower court ruling.

LIPA sought to have the school district tossed out of the suit, but the district claimed it was a legal third-party beneficiary of a 1997 power supply agreement between LIPA and the Long Island Lighting Company. Last week’s court ruling upheld that claim. It cites a 1997 letter from LIPA to the Nassau-Suffolk School Boards Association, to which Northport-East Northport belongs, that upon the issuance of a 1997 power supply agreement, “LIPA will immediately drop all tax certiorari cases against all municipalities and school districts,” and that “neither LIPA nor LILCO will initiate any further tax certiorari cases on any of their respective properties at any time in the future unless a municipality abusively increases its assessment rate,” as “spelled out in the [PSA].”

Stuart Besen, the town’s attorney on the case, said he believes the letter from Richard Kessel, former chairman of LIPA, was integral in swaying the judges to rule in favor of the municipalities.

“I just think that Supervisor [Frank] Petrone really deserves a lot of credit for having the foresight for one, making sure the clause was in the [power supply agreement], and two, demanding that Richard Kessel reiterate that position in a letter.”

If successful in the suit, the town wouldn’t have to pay approximately $180 million in taxes the utility claims it overpaid in a three-year period, Besen said. LIPA pays roughly $70 million in taxes on the Northport power plant, town officials have said.

The utility contends the plant is worth less than 11 percent of the value reflected by its current assessment. If LIPA was successful in lowering its assessment and thus the amount it pays in taxes, town residents could be hit with tax increases of up to 10 percent. Those who live in the Northport-East Northport school and library districts could get a whopping 50 percent increase in their taxes.

John Gross, senior managing partner at Ingerman Smith, who represents the school district in the case, said the next step is to move forward with discovery and a motion for summary judgment in favor of the district.

“And if we win that, that means the claims they made to reduce the value of the plant are thrown out,” Gross said in an interview on Tuesday.

The town and the school district are partners in the lawsuit, Gross said.

Asked what town taxpayers should take away from the development, Besen said “that the town is fighting.”

“The town is fighting a big entity, both National Grid and LIPA. But we feel we’re right. We feel that those three years we don’t have to pay, that LIPA and National Grid made a promise to the people of Huntington and the town is going to do everything possible legally to uphold that promise.”

Sid Nathan, a spokesman for LIPA, said the authority couldn’t comment on ongoing litigation.

Franzone to be sentenced to 3.5 years in state prison

Nicholas Franzone photo from Suffolk County DA’s office

A Northport man accused of helping his uncle in carjacking a Commack woman after the uncle ran down two Suffolk County cops in Huntington last year pleaded guilty to charges relating to the crimes in court on Tuesday.

Nicholas Franzone, 23, pleaded guilty in Central Islip at a court conference to robbery, criminal possession of stolen property, unauthorized use of a vehicle, petty larceny and aggravated unlicensed operation of a motor vehicle, according to Bob Clifford, a spokesman for Suffolk County District Attorney Tom Spota’s office.

Franzone’s crimes were for stealing gas and participating in stealing a Commack woman’s car and her credit cards as he and his uncle, Chad Moriszan, 35,were trying to dodge capture after striking officers Nicholas Guerrero and Heriberto Lugo.

They fled fleeing the scene of the hit-and-run, leaving Guerrero seriously injured. Guerrero had to be hospitalized for more than three weeks with a severe head injury. He underwent surgery and a regimen of physical therapy during his recovery.

Both Northport men were eventually arrested hours later in a Central Islip Target store on Carleton Avenue when they tried to use a stolen credit card to buy a television.

On July 23, Moriszan was sentenced to 25 years in prison after pleading guilty to assault in the first degree, assault on a police officer, leaving the scene, grand larceny, criminal possession of stolen property, robbery in the second degree and forgery.

Franzone will be sentenced by State Supreme Court Justice Fernando Camacho to three and one-half years in state prison on Sept. 9.

Ian Fitzgerald, a Central Islip-based attorney who represented Franzone, said he felt the sentence term was a fair one. “He had the chance to do the right thing and he didn’t take it so he got himself in this situation,” he said.

He also said the DA dropped prior felony assaults charge against Franzone.

“Our position from the beginning was that he really had nothing to do with Mr. Moriszan running over the officer,” Fitzgerald said.

The attorney said his client didn’t even see the officers struck, and wasn’t even aware that there was a second officer on the scene. The pair of officers pulled over Moriszan and Franzone during a traffic stop.

“He’s glad that it wasn’t worse,” he said. “He’s glad that officer Guerrero survived.”

Franzone has cleaned up his act since the incident, Fitzgerald said. The attorney said his client was on drugs — prescription pills — and since being incarcerated he’s gotten clean.

“[He] seems to be a pretty intelligent young man who unfortunately got wrapped up in some bad stuff.”

DA to recommend maximum prison term

Maureen Myles. Photo from Suffolk DA's office

An East Northport woman has been convicted of stealing $30,000 meant to fund a van with a wheelchair lift for a Huntington teen with cerebral palsy.

Maureen Myles, 62, was convicted on Friday of grand larceny, scheme to defraud and petit larceny following a seven-day trial in Central Islip, according to Suffolk County District Attorney Tom Spota’s office. DA detective-investigators arrested Myles in December 2013 for making off with the money, which donors raised at a benefit dinner in Northport.

The DA’s office said State Supreme Court Justice Fernando Camacho found Myles guilty of one count of third-degree grand larceny, two counts of fourth-degree grand larceny, scheme to defraud and petit larceny.

Myles was previously convicted of a felony — in 2004, a jury found her guilty of grand larceny and scheme to defraud, for buying $40,000 worth of Bermuda cruise tickets using credit card numbers she stole from her employer, according to the DA.

Spota said the office will recommend the maximum prison term of three and a half to seven years when Myles is sentenced on Sept. 2.

Myles’ attorney, Garden City-based Richard Benson, didn’t immediately return a call seeking comment on Monday.

Restaurant is first in village to attempt rooftop dining

Skipper's wants to create outdoor rooftop dining. Photo by Victoria Espinoza

Skipper’s Pub of Northport Village has set its sights on the sky with plans to create rooftop dining at its Main Street eatery — but the proposal saw a bit of grounding by village zoning officials and residents on Wednesday.

Representatives of the restaurant came before the Northport Village Zoning Board of Appeals at a public hearing with hopes of gaining area and parking variances to create a 109-seat seasonal rooftop dining area atop Skipper’s. The plan raised eyebrows and exclamations from ZBA chairman Andrew Cangemi, who questioned whether the ZBA even had jurisdiction over the proposal and brought to light parking issues with the plan.

This is the first time a restaurant has attempted to gain approvals for rooftop dining in Northport Village.

“What we’re doing is a little different than a couple of tables and chairs, Mr. Chairman,” Chris Modelewski, the attorney for the applicant said.

Skipper’s needs a variance from the code for about 37 parking spots, as they want to build a 2,750 square foot rooftop deck. The deck would add 33 additional seats to its eatery and plans to remove a number of sidewalk dining seats and tables.

A view of what a proposed outdoor rooftop dining space would look like at Skipper's Pub in Northport. Photo by Rohma Abbas
A view of what a proposed outdoor rooftop dining space would look like at Skipper’s Pub in Northport. Photo by Rohma Abbas

The plan also includes adding a bar and bar stools, a stairway and fencing to the roof.

Officials and residents at the hearing questioned where those spots would come from, in a village that is already strapped for parking spots during the busy summer months.

Another issue Cangemi raised was whether the ZBA should even be reviewing the application. Modelewksi said the rooftop dining complies with the village’s outdoor dining code, which allows restaurants to create sidewalk dining for a $50 annual permit fee. Those applications don’t require ZBA variances, Cangemi said, according to the code.

“Why are you here?” he asked.

Modelewski said he needed variances for parking and other issues, and that he wanted to secure them in case the law changed in the future. Cangemi replied that the applicant basically wanted the ZBA to assume a legislative role and “play village board.”

“Chris, I hear what you’re saying, but it seems like you’re asking this board for cover.”

The representatives delved into the details of the application. When pressed on parking figures — Cangemi asked where the applicant would create 37 additional spots — Modelewski said he reasoned many of the individuals who come out to eat at night are out-of-town visitors who arrive by boats and moor up to the neighboring marinas and village dock, therefore not requiring parking. Representatives also mentioned there are available spots open to the public at Woodbine Marina.

About 10 residents weighed in on the proposal at Wednesday night’s hearing. Those who critiqued the plan did so on the parking issues. One person who spoke in favor of the plan noted that the village is home to a number of large-scale events like the farmers’ market and the Great Cow Harbor 10K Race, and people manage to find parking at those events.

Former Northport Village Trustee Tom Kehoe also made an appearance and spoke on the application. The original author of the outdoor dining legislation, Kehoe said it was initially drafted years ago when vacancies and inactivity were a common sight in Northport. Officials then were looking for ways to stimulate activity in the downtown.

He said everyone has had a hand in “the Renaissance of Northport,” turning it into a destination.

“Sometimes you just have to be careful what you wish for.”

Cangemi said the public hearing would be held open until Sept. 16 for any additional comments to be entered into the record.

An aggressive crocodile was found in an open cardboard box in a Melville parking lot and handed over to officials at the Suffolk County Society for the Prevention of Cruelty to Animals on Tuesday, officials said.

The three-foot-long croc, discovered at 25 Melville Park Rd., was “very aggressive and its mouth had to be taped shut,” according to a statement from the Society for the Prevention of Cruelty to Animals. Chief Roy Gross said that Jerry Mosca, the director of the Huntington Town Animal Shelter, and another animal control officer, responded to an anonymous call about the crocodile. Mosca didn’t immediately return a call seeking comment on Tuesday afternoon.

The New York State Department of Environmental Conservation Police and Suffolk County SPCA investigators will team up to get to the bottom of who left the crocodile in the parking lot, according to the statement.

Anyone with information is asked to contact the Suffolk County SPCA at (631) 382-7722. All calls will be kept confidential.

Eight affordable rental housing parcels in the works

Veterans roll up a flag at a press conference on the Housing our Homeless Heroes initiative. The county Legislature will vote on a measure to transfer properties to create affordabe housing for homeless veterans at its Sept. 9 meeting. File photo by Rohma Abbas

Suffolk County has gained some footing in the war against veteran homelessness.

Last week, officials announced a proposal to transfer eight tax-defaulted properties over to nonprofit groups that will be charged with developing them into rental housing for homeless veterans or those who are at risk of becoming homeless. The units will be overseen and managed by the non-profit organizations.

The move is part of the Housing our Homeless Heroes legislative initiative, a package of four bills sponsored by Legislator Steve Stern (D-Dix Hills). Officials say there are about 750 Long Island veterans who are either homeless or who are expected to be homeless by the end of 2015.

In a phone interview on Monday, Stern said the county Legislature would vote on the transfer of the properties at its Sept. 9 meeting. He said he expects the resolution, which he is co-sponsoring with County Executive Steve Bellone (D), to gain unanimous support.

Stern, who is the chairman of the county’s Veterans and Seniors Committee, said in addition to housing resources, the veterans will receive additional services through these nonprofits, such as job training and placement; primary and mental health care; disability management and health care coordination; family counseling; financial training and substance abuse services.

“The Housing our Homeless Heroes initiative is the housing part of providing assistance to our veterans and families,” Stern said. “But it can never be just about four walls and a roof.”

Once transferred, the nonprofits would foot the construction bill through roughly $10 million in state and federal grant funding available for such projects, Stern said. Funding for the construction will be provided in part from the New York State Homeless Housing Assistance Program and United States Department of Housing and Urban Development HOME Investment Partnerships Program.

Two parcels in Central Islip will be transferred to the Concern for Independent Living for the construction of three single-family homes. Bay Shore-based United Veterans Beacon House has proposed to rehabilitate an existing home on a Copiague parcel, and build a single-family unit on a Yaphank parcel.

In addition, the Association for Mental Health and Wellness is proposing to build a new four-bedroom house for three senior disabled veterans and a live-in house manager on two parcels in Mastic; rehabilitate a house in Riverhead for one veteran family; and build a new set of four, single room occupancies for veterans on a parcel in Medford.

The Legislature approved the Housing our Homeless Heroes initiative last year, and Bellone signed the legislation into law just days before Christmas. The four laws tackle the issue of veteran homelessness from different angles — one establishes a partnership between agencies and community advocates that serve veterans and their families and helps them set up an informational web portal on the county’s website to direct them to services available across all levels of government and within the nonprofit sector. Another maximizes access to available housing for veterans. The third amended the county’s human rights law by adding veterans as a group of individuals protected against discrimination in housing and employment opportunities. The last bill will require a veteran services officer to work at the county’s Department of Social Services on a regular basis. The officers must be veterans as well, in order to establish a peer-to-peer relationship between those they are helping.

“As an agency committed to ensuring empowering people to overcome the impact of health and mental health disabilities, it is our intent to devote these houses to assist male and female veterans who have been affected by service-connected and post-service transition mental health challenges,” Michael Stoltz, chief executive officer of the Association for Mental Health and Wellness said in a statement. “I thank Suffolk County for partnering with our organization to further assist us in supporting our veterans.”

Following investigation, police apprehend man in Greenlawn

File photo

A Centerport man who police said robbed three Suffolk County banks and attempted to hit a fourth in Huntington all in the same month was arrested on Friday morning in Greenlawn.

Police pored over video surveillance and multiple Crime Stoppers tips and ended up pinning Frank Marquez, 46, with the robbery of a TD Bank on Broadhollow Road in Farmingdale on July 7; the robbery of another TD Bank on Deer Park Avenue in Deer Park on July 14; and the July 21 robbery of a Capital One on Deer Park Avenue in North Babylon.

Police also said he tried to rob a People’s United Bank on E. Main Street in Huntington on July 14. At the time, police said a man in shorts, a white T-shirt and a red hat made verbal demands for money at the bank but fled after the teller did not comply. But he was successful 25 minutes later, when he allegedly showed up at the TD Bank on Deer Park Avenue and once again verbally demanded money from a teller.

Police said the teller gave the man money and he fled south from the Deer Park bank on foot. The suspect at the time was described as a Hispanic man with a gray goatee, between 40 and 45 years old, and between 5 foot 6 inches and 5 foot 7 inches tall with a medium build.

The Suffolk County Police Pattern Crime Unit detectives, with assistance from officers in the 2nd Precinct, found Marquez on Pulaski Road near Butterfield Drive in Greenlawn at 10:23 a.m. A detective from the Pattern Crime Unit said he was apprehended in his car, a 1994 Jeep Cherokee.

Marquez was charged with three counts of third-degree robbery, one count of attempted third-degree robbery and second-degree aggravated unlicensed operation, for driving with a suspended license.

Marquez is being held overnight and is scheduled for arraignment at First District Court in Central Islip on July 25.

Attorney information for Marquez wasn’t immediately available on Friday afternoon.

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Suffolk County police car. File photo

Suffolk County police are investigating a motor vehicle crash that killed a Bohemia bicyclist in Lake Ronkonkoma on Tuesday evening.

Laura Heerbrandt, 23, of Ronkonkoma, was driving a 2014 Nissan eastbound on Portion Road when her car struck Luis Benitez, 51. According to police, Benitez swerved into her lane of traffic as he was traveling westbound on Portion Road.

Benitez was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. Heerbrandt was not injured.

The vehicle was impounded for a safety check and the investigation is continuing. Detectives are asking anyone with information about this crash to contact the Fourth Squad at (631) 854-8452.

Pols reopen beach after seven years

The shore at the Centerport Yacht Club is open. Photo by Rohma Abbas

The push to clean up Suffolk County’s water quality saw a major milestone on one Centerport shorefront Monday.

Lawmakers and community members gathered at the Centerport Yacht Club on Northport Harbor on a hot summer day to mark the reopening of the beach, which had been shuttered for seven years because of its poor water quality. The harbor is celebrating a cleaner bill of health thanks to multi-governmental efforts to reduce pollution — most significantly through recent upgrades to the Northport wastewater treatment plant.

“Today is unprecedented due to the efforts of many stakeholders,” Suffolk County Legislator William “Doc” Spencer (D-Centerport) announced at a press conference inside the clubhouse. “…This is the result of a lot of hard work.”

Officials cut a ribbon to mark the reopening of the beach at Centerport Yacht Club. Photo by Rohma Abbas
Officials cut a ribbon to mark the reopening of the beach at Centerport Yacht Club. Photo by Rohma Abbas

Suffolk County Executive Steve Bellone (D), Spencer and a number of Huntington Town officials including Supervisor Frank Petrone (D) cut the ribbon opening the beach, and the county officials hand-delivered a beach permit to the supervisor.

The Suffolk County Department of Health Services, with oversight from the New York State Department of Health, conducted more than 600 tests in 20 locations at the beach since April, Spencer said. The results found that the quality of the water meets “required stringent standards,” Spencer’s office said in a statement.

Northport Harbor, once the “epicenter of red tide in the Northeast,” has seen a dramatic reduction of nitrogen, from 19.4 lbs. per day to 7.5 lbs. And there’s been no red tide in the harbor in the last three seasons, Spencer’s office said.

Officials said a significant upgrade to the Northport sewage treatment plant had a huge hand in turning the tide.

Bellone, who said the county is facing a “water quality crisis,” recognized Northport Village officials for being on top of the issue. He called the rehabilitation of Northport Harbor an “example of what we need to do around the county.”

Petrone and Bellone said Spencer had a big hand in making waves on the issue.

“The doctor’s orders worked,” Petrone said.

Young bathers dive into the waters of a newly reopened beach at the Centerport Yacht Club. Photo by Rohma Abbas
Young bathers dive into the waters of a newly reopened beach at the Centerport Yacht Club. Photo by Rohma Abbas

The issue of Northport Harbor’s water quality gained steam among Centerport Yacht Club members when Joe Marency, past commodore, was at the helm about five years ago. He praised the beach reopening at Monday’s press conference.

“There’s still a lot to do but this is a big step in the right direction,” he said.

At the close of the press conference, lawmakers gathered outside the club on the water. They excitedly uprooted a “no swimming” sign posted there, and Bellone and Spencer exclaimed, “Who’s going in?”

Assemblyman Andy Raia (R-East Northport) waded into the water, ankle-deep. It took a pair of bold bathers seconds to dart towards the shore and dive in.

“It’s beautiful and warm,” said Randall Fenderson, one of the swimmers who emerged from the water.

Fenderson, who presently lives in Santa Monica, California, said he grew up in the area and has a personal connection to the beach, and was sad to see it closed.

A group of children also made their way to the water, include Greenlawn sisters Paige and Madelyn Quigley. The girls, 6-years old and 10 years old, also said the water felt nice.

“Now we’ll be in here forever,” Madelyn said.

Friends, family of young victims dedicate memorial to trio

Friends, family and town officials gather to remember Maggie Rosales, Danny Carbajal and Sarah Strobel in Huntington Station on Thursday. Three trees were planted in their honor. Photo by Mary Beth Steenson Kraese

Friends and family of three Huntington Station youths who were killed over the last two years came together on Thursday evening to dedicate trees and a memorial stone in their honor.

The Huntington Town-sponsored memorial ceremony took place at Depot Road Park and featured friends and family of 18-year-old Maggie Rosales, 25-year-old Danny Carbajal and 23-year old Sarah Strobel, as well as a number of community members.

Rosales was found stabbed to death, lying on Lynch Street in Huntington Station last October. Carbajal was shot in the head in July 2014 outside his Huntington Station home. Strobel’s body was found off the side of a path in Froehlich Farm Nature Preserve in October 2013.

Friends, family and town officials gather to remember Maggie Rosales, Danny Carbajal and Sarah Strobel in Huntington Station on Thursday. Three trees were planted in their honor. Photo by Mary Beth Steenson Kraese
Friends, family and town officials gather to remember Maggie Rosales, Danny Carbajal and Sarah Strobel in Huntington Station on Thursday. Three trees were planted in their honor. Photo by Mary Beth Steenson Kraese

Town officials attended the memorial service and offered some words, town spokesman A.J. Carter said on Friday. Many community members took part in the effort, including Kathleen Kufs and Jim McGoldrick, two individuals who organized the event.

“To be honest with you, it was a sad thing that we had to do this, but in a way it brought the community together,” McGoldrick reflected in a phone call on Friday. “And the community is very concerned about our children, and our teenagers especially.”

While there’s still more to do, McGoldrick said “things are getting better” in Huntington Station. He said he got involved in efforts to extinguish crime in the neighborhood after Rosales was found dead in the street in front of his home.

Kufs said she came up with the idea for the memorial a few months ago. She wanted “to have a place for the families and friends of these poor young people who were murdered, a place to go for peace and reflection and for the community to remember that these young lives were lost but not forgotten, and also to shed light on the fact that two of them are still unsolved.”

Police have charged Huntington Station man Adam Saalfield with Rosales’ murder, but the other two victims have not yet seen justice.

“There’s no closure,” McGoldrick said. “Danny and Sarah’s murderers have never been caught. People are very concerned about that.”