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Times of Huntington-Northport

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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.

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Centerport and West Islip firefighters assist in bringing the Hovercraft to shore following the rescue. Photo by Steve Silverman

A hovercraft vessel came to the rescue of two kayakers stuck in mud in a Centerport pond on Tuesday night, according to Steve Silverman, a spokesman for the Town of Huntington Fire Chiefs Council.

The Centerport Fire Department received a call around 9 p.m. on Tuesday night of a man and a woman stuck in a kayak approximately 100 yards off the shore of Mill Pond. 

Once rescuers arrived, they realized they were not able to reach the kayak due to thick mud that was restricting boat access. Centerport Fire Chief Brian Mark then made the call to the West Islip Fire Department for assistance.

West Islip’s hovercraft was the only vessel that could reach the couple, since it is able to float on air and travel over mud, ice and swampy areas a conventional boat can’t traverse.

The Suffolk Police Aviation unit assisted as well, providing a helicopter that gave light to the rescue scene.

Firefighters launched the hovercraft from an access point on Centershore Road, and were able to reach the kayak in several minutes. The Centerport Rescue Squad checked the uninjured couple. The pair was covered in dark mud.

Forty firefighters and emergency medical personnel in total participated in the rescue, which was successfully completed in slightly more than an hour with no injuries.

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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.”

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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.

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A local effort to ban a popular ingredient in beauty products has support on the federal level.

U.S. Sen. Kirsten Gillibrand (D-N.Y.) and state Attorney General Eric Schneiderman visited Long Island recently to announce the Microbead-Free Waters Act of 2015, a bipartisan federal bill that would ban cosmetics containing plastic pellets called microbeads, which are frequently smaller than 1 millimeter in diameter and are found in face washes, shampoos, beauty products and other soaps.

Because of their size, most wastewater treatment systems are unable to filter out the microbeads, so they are released into local waterways like the Long Island Sound. But microbeads accumulate toxins in the water, and fish and birds ingest them. Public health could be at risk if the fish are reeled in and eaten.

Schneiderman reported that about 19 tons of the small pellets pass through New York wastewater treatment plants each year.

Gillibrand’s bill has sponsors and co-sponsors from both sides of the aisle, most of them from the Midwest, according to a press release from the senator’s office. It is similar to a New York state-level bill of the same name, which is Schneiderman’s effort to prohibit the sale and distribution of products containing microbeads.

“These tiny pieces of plastic have already caused significant ecological damage to New York’s waterways,” Gillibrand said, “and they will continue to do so until they are removed from the marketplace.”

The state bill passed the Assembly in the last session but was not put up for a vote in the Senate, despite having more co-sponsors than the number of votes it would have needed to pass.

New York is not alone in pushing to ban microbeads — Illinois has already given them the axe, and other states are considering similar legislation.

Many local residents first heard about the issue when Suffolk County Legislator Kara Hahn (D-Setauket) led her colleagues to passing a law that required the county to study how a microbead ban would affect health and the economy.

She commended officials for their anti-microbead effort on the national stage.

“The threat posed by microbead waste is of national consequence,” Hahn said in the press release. “The cumbersome task of tackling this issue [from] municipality to municipality and state to state will never prove as effective as a federal approach.”

Adrienne Esposito, the executive director of the local Citizens Campaign for the Environment, said there are other effective alternatives to microbeads, such as apricot shells, salt and oatmeal.

“The public expects facial soaps and toothpaste to clean our face and teeth, not pollute our waters,” Esposito said. “Plastic microbeads pollute our waters, contaminate our fish and shellfish, and could end up back on our dinner plates. They are completely unnecessary.”

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File photo

A pedestrian was seriously hurt on Saturday night as he tried to cross New York Avenue in Huntington Station.

The Suffolk County Police Department said 20-year-old Antonio Molina was hit by a Jeep on the road, just north of East 18th Street, shortly before 11 p.m. and is now in serious condition at Stony Brook University Hospital.

The 2002 Jeep had been driving north on New York Avenue at the time of the crash, police said, and its 26-year-old driver was not hurt.

Both the pedestrian and the driver are Huntington Station residents.

Police impounded the Jeep for a safety check.

Detectives from the SCPD’s 2nd Squad are investigating the crash. Anyone with information is asked the call them at 631-854-8252.

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William Belanske sketches while waiting with his luggage to embark on a journey with William K. Vanderbilt II. Photo from Vanderbilt Museum archives

William E. Belanske already had an enviable job as an artist and taxidermist for the American Museum of Natural History (AMNH) when he got a call from William K. Vanderbilt II.

The year was 1926 and Vanderbilt was preparing for an expedition on his yacht Ara to collect animal and marine life. The voyage would take him to one of the most scientifically diverse and remote places on earth — the Galápagos Islands, on the Equator off the coast of Ecuador. He needed an artist to record the live specimens he would bring back to his private museum in Centerport. To Belanske, it was the opportunity of a lifetime.

The Suffolk County Vanderbilt Museum, which marked the 65th anniversary of its official opening on July 6, has created a new exhibit honoring Belanske’s work.

On display in the Memorial Wing of the museum, the installation features a recreation of Belanske’s studio on the Vanderbilt Estate and includes some of the detailed paintings of the numerous marine specimens Vanderbilt collected from the oceans of the world. Large illustrated panels detail Belanske’s work, on the expeditions and at the museum.

Kirsten Amundsen and Brandon Williams of the curatorial staff came up with the exhibit concept and design.

“The ship’s artist, Mr. William E. Belanske, has been with me since 1926,” Vanderbilt wrote in 1932. “He makes accurate paintings of rare fish. With every scale carefully drawn, every shade, every nuance of color exactly portrayed, his reproductions are true, lifelike, and of value to science.”

In 1927, following the Ara expedition, Vanderbilt requested Belanske’s services full time at his museum, and Belanske chose to resign from the AMNH. He served as Vanderbilt’s curator and lived in a cottage on the estate from 1928 to 1945. His work included taking part in around-the-world cruises on the Ara in 1928-1929 and on the Alva in 1931-1932.

Notably, Belanske collaborated with the renowned painter Henry Hobart Nichols (also of the AMNH) to create the Vanderbilt Habitat in 1930, nine stunning dioramas that depict animal life from several continents. The centerpiece of the room is a 32-foot whale shark, the world’s largest taxidermied fish, caught off Fire Island in 1935.

Stephanie Gress, director of curatorial affairs for the Vanderbilt Museum, said, “On the Ara, they placed fish in holding tanks with saltwater to keep them alive. Belanske would paint the catches immediately in order to record the colors accurately.”

Before color photography, Gress said, the beauty and vibrant hues of the collected marine specimens could only be captured with an artist’s hand. Belanske’s perfect color images of the specimens were displayed in the Marine Museum next to the faded, fluid-preserved specimens.

When he returned to his studio, the artist began the time-consuming task of creating his final images. He used his notes, measurements and rough sketches to create fully accurate, detailed fish prints worthy of scientific publication, she said.

The Suffolk County Vanderbilt Museum is located at 180 Little Neck Road, Centerport. Through Sept. 6, the museum will be open Tuesday through Saturday from 11 a.m. to 5 p.m. and Sundays from noon to 5 p.m. For more information, call 631-854-5579 or visit www.vanderbiltmuseum.org.

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Dance students go through a routine together at the Huntington YMCA studio. Photo by Talia Amorosano

By Talia Amorosano

Walking into the dance studio at the Huntington YMCA feels like walking into a family gathering full of distant relatives you’ve never met before. But the vibe is one of comfort and inclusion, especially if you’ve got a penchant for impromptu group renditions of Taylor Swift songs.

Dance students go through a routine together at the Huntington YMCA studio. Photo by Talia Amorosano
Dance students go through a routine together at the Huntington YMCA studio. Photo by Talia Amorosano

The friendly atmosphere inside the studio is natural, according to dance instructor Pam Christy-Allen, after students, teachers and parents have worked together for as long as they have.

“I have the same kids every year, so I build relationships with them,” Christy-Allen said in a recent interview. “As their sweet sixteens have come we’ve been invited to them and they include you like their family. It’s very rewarding.”

Last month, the YMCA’s dance program turned two decades old, a milestone that staff there celebrated. But there’s no resting on laurels — program leaders say they plan to stay on their toes.

In a recent visit to the program, students showed appreciation for their instructors. Thirteen-year-old hip hop, acro and ballet student Samantha Sluka began taking YMCA dance classes at age 3 and said that Debbie Smith, her ballet teacher, has kept her interested in dancing through the years. Sluka said YMCA classes have improved her self-confidence in addition to technical dance skills, and that in the future she “would love to dance on Broadway”.

Mary Dejana, a 17-year-old tap and jazz student, said that she likes lyrical and contemporary dance styles best because they help her express her feelings. She said that the YMCA program has taught her teamwork.

“Under the tutelage of my ballet, modern and pointe teacher Jo-Ann Hertzman and with the many opportunities the YMCA provided, I have come to understand not only more about dance but more about myself and the world around me,” wrote former student Mariah Anton in a letter to the staff at the YMCA. With plans to continue dancing at University of North Carolina School of the Arts, Anton wrote that her “experiences at the YMCA have directed [her] to invest back into others through teaching, encouraging, and opening the world to the next generation in the same way that the YMCA invested in [her].”

Students practice using the bar at the YMCA studio. Photo by Talia Amorosano
Students practice using the bar at the YMCA studio. Photo by Talia Amorosano

Citing the Huntington YMCA as a “second home … during [her] childhood and early adulthood,” former student Melanie Carminati, now physical therapist and Pilates instructor in East Northport, called the dance program “a safe haven for artistic growth and creativity” in a written statement. She attributed the environment to the guidance of Edie Cafiero, cultural arts director.

Cafiero stressed the importance of allowing dancers to express their creativity from a young age. “We start with 3-year-olds,” he said. “We make it fun while still using terminology and introducing steps. We let them explore themselves at that age.” She said that classes become more serious as students age and advance, but that they have the option to either hone in on certain dance styles or further expand their horizons and learn new styles.

Among some of the less conventional dance classes offered at the YMCA are Irish step, hip hop, acro, lyrical, contemporary, modern and adult ballet.

When asked what factors have contributed most significantly to the success of the Huntington YMCA dance program, Cafiero pointed to the variety of classes offered and the welcome-all attitude of the staff.

She said she walked into a famous ballet school at age 15 “and they told me I was over the hill before seeing me dance. I never wanted a kid to feel like that. We don’t turn anyone away. If they have the passion to dance we want to nurture it.”

Anyone interested in the Huntington YMCA cultural and performing arts program is invited to contact Cafiero at 631-421-4242, ext. 132.

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

The county health department warned locals on Friday against bathing at 25 Huntington area beaches, the morning after heavy rainfall drenched the North Shore.

According to the Suffolk County Department of Health Services, it issued the advisory because the rain could have led to bacteria levels in the water that exceed state standards.

“The beaches covered by the advisory are located in areas that are heavily influenced by stormwater runoff from the surrounding watersheds and/or adjacent tributaries,” the department said in a press release, “and, because of their location in an enclosed embayment, experience limited tidal flushing.”

Affected beaches include Eagle Dock Community Beach, Cold Spring Harbor Beach Club beach, West Neck Beach, Lloyd Neck Bath Club beach, Lloyd Harbor Village Park beach, Gold Star Battalion Park beach, Head of the Bay Club beach, Nathan Hale Beach Club beach, Baycrest Association beach, Bay Hills Beach Association beach, Crescent Beach, Knollwood Beach Association beach, Fleets Cove Beach, Centerport Beach, Huntington Beach Community Association beach, Centerport Yacht Club beach, Steers Beach, Asharoken Beach, Hobart Beach (both the Long Island Sound and cove sides), Crab Meadow Beach, Wincoma Association beach, Valley Grove Beach, Prices Bend Beach and Callahans Beach.

The advisory was scheduled to be lifted at 9 p.m. on Friday, to give enough time for two tidal cycles to clear out the water. However, the health department said the advisory would not be lifted if water samples from the affected beaches showed continued high levels of bacteria.

For up-to-date information on the affected beaches, call the health department’s bathing beach hotline at 631-852-5822 or visit the beach monitoring webpage.

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People should go through several bottles of sunscreen in one season. Using an ounce of sunscreen is ideal, as companies measure the SPF of a sunscreen by applying that amount of sunscreen to the body. Photo by Giselle Barkley

A little dab here and a little dab there. That’s usually how people apply sunscreen to their skin, according to Dr. Michael Dannenberg of Dermatology Associates of Huntington, chief of dermatology at Huntington Hospital. But with around one in five people developing skin cancer on their scalp, a dab of sunscreen isn’t enough.

Skin cancer is one of the most prevalent cancers in America, and cases for scalp cancer have increased in the past several years. While those who don’t have hair may be more prone to getting scalp cancer in comparison to those with hair, anyone can develop any form of skin cancer on this area of their body.

Squamous cell and basal cell carcinoma are common for those who are frequently exposed to the sun and those who are losing hair. Melanoma can also develop on the scalp. In 1935, one in 1,500 people developed melanoma, but the rate has since increased. Now, one in 50 people have a lifetime risk of developing melanoma.

According to Dr. Tara Huston, a surgeon in the Melanoma Management Team for Stony Brook Medicine, there will be 74,000 new cases this year of melanoma in the United States alone. Huston also said that this form of skin cancer usually requires a surgeon’s attention, as it calls for “a larger excision margin than either basal or squamous cell skin cancer.”

Huston and her team help patients with various forms of skin cancer. While dermatologists treat skin cancers like melanoma if caught early, people with more advanced stages of skin cancer may need surgery and additional treatment to recover. A patient’s lymph nodes are also examined. Lymph nodes are responsible for the drainage of certain parts of the skin. Doctors can further repair issues found from examining the nodes associated with the cancer in that area.

Sunburns, above, and increased sun exposure increase an individual’s risk of getting skin cancer like Melanoma, which accounts for four percent of cases, but 75 percent of skin cancer-related deaths according to Dr. Huston. Photo from Alexandra Zendrian
Sunburns, above, and increased sun exposure increase an individual’s risk of getting skin cancer like Melanoma, which accounts for four percent of cases, but 75 percent of skin cancer-related deaths according to Dr. Huston. Photo from Alexandra Zendrian

Although skin cancer of the scalp is not difficult to detect, Dr. Dannenberg says it can be missed because it is on the head. Lesions can vary based on the form of skin cancer on the scalp. Yet, it is easy to detect, especially when people receive frequent haircuts. According to Dannenberg, his office receives countless referrals from barbers and hairstylists who may find a cancerous lesion on their client’s heads.

Huston agreed with Dannenberg regarding the role of barbers and hairstylists, as a number of skin cancer lesions are identified by these professionals.

Squamous cell carcinoma appears in dull, red, rough and scaly lesions, while basal cell carcinoma appears as raised, pink and wax-like bumps that can bleed. Melanoma on the scalp appears as it would on any other part of the body — irregularly shaped, dark-colored lesions.

While sunscreen is more often associated with skin protection, dermatologists like Dannenberg also recommend protective clothing and hats. Cloth hats allow the wearer’s head to breathe while protecting the scalp. Hats with a three and a half inch or more rim offer the best protection, as they cover the head while protecting the ears and other parts of the face or neck. While people can also use straw hats, the hats should be densely woven and not allow sun to penetrate. Hats as well as sunscreen and protective clothing should be used together to provide people with the best form of sun protection.

“Nobody is completely compulsive about putting on that hat every moment they walk out the door,” Dannenberg said. “Likewise, even for people [who] are using sunscreens, people tend not to use enough of it and they don’t reapply it as often as necessary.”

One ounce of sunscreen might be hard to hold without dripping down the side of someone’s hand, but it is the amount of sunscreen people should use on their entire body. Dannenberg also says that sunscreens usually last for about three hours before people need to reapply.

Since few people follow the directions when applying sunscreen, Dannenberg as well as the American Academy of Dermatology recommend people use sunscreens with at least SPF 30. Using sunscreens with higher SPF counts means that people can under apply and still get some degree of sun and ultraviolet radiation protection.

Huston said individuals who don’t want to wear sunscreen or those with a history of tanning should seek a dermatologist and schedule appointments at least once a year to conduct a full body skin examination.

According to Huston, operating on areas of the head like the ears, nose, eyelids, lips and scalp is difficult because of the surrounding tissue.

“Reconstruction of a 2 cm defect on the nose may require multiple stages/surgeries in order to optimize the aesthetic result,” Huston said in an e-mail interview.

While some patients need skin grafts upon the removal of a cancerous lesion, Huston said, “incisions on the scalp can lead to alopecia, or hair loss along the incision line, if it stretches, and can be very upsetting to patients.”

Both Huston and Dannenberg emphasized the importance of protecting the skin and skin cancer education. Dannenberg hopes that the rates of skin cancer will decrease if people are more consistent about protecting their skin with protective attire, sunscreen and hats.

“We’ve been talking to people for years about wearing hats…telling them that as fashion always seems to follow need, that these hats are going to be coming in style,” Dannenberg said. “We’re hoping that over the next 10 or 15 years, we’ll be able to get a drop in the incidences of skin cancer.”

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