There is no room for elevated three story bathrooms in front of Oceana

This Petition is respectfully submitted by the undersigned on behalf of over the 3,500 Brighton Beach residents, the majority of which are the residents of Oceana at Brighton Beach Community.

Currently, the community is in dire need for your support and protection. The New York City and its agents, using FEMA as a shield for abusing and circumventing the State laws and regulations, and misusing FEMA’s funds much needed for disaster relief in devastated areas in New York and Oklahoma, is physically and mercilessly destroying the residential property and lives of the residents.  Moreover, the unauthorized damage of the adjacent land caused by the City exposes the residents to the health hazards and even a greater danger of destruction in the event of future storms and hurricanes.

While the action for a permanent injunction is pending in Supreme Court Kings County, the City is racing to waste $6 million of FEMA’s money and install a three story high public bathroom only 50 feet away from the windows of the residents. The City is building the argument that because $6 million dollars of FEMA money is spent, it would incur “irreparable harm” if the Court rules in favor of the residents.

The City is well aware that the construction of the huge bathroom, encroaching on the narrowest portion of the Boardwalk and in the very close proximity to the residential dwellings, violates not only all applicable laws but also public policy. That is why the City purposely and maliciously circumvented the proper notice requirement in order to deprive residents of the opportunity to timely and diligently explore and discuss the construction plans with the City.

The community is virtually tormented by the City.  In violation of Construction Noise Mitigation Program requirement, for several nights from 11 p.m. until 5 a.m. the City was driving piles. The residents were awakened by the violent noise and shaking of the buildings; children were screaming in horror and elders were reaching for their heart medication. In the morning, children were taking exams in the City public schools and their parents reported to work. Subsequently, it appeared that the workers damaged bedrock and reached ground water, creating potential danger to the property. Taken hostage by the City and in desperation, residents called 311, emailed mayor Bloomberg and other city agencies begging for help. City plainly ignored all pleas of the law abiding taxpaying residents.

Furthermore, continuing misusing FEMA’s money the City excavated significant area of the beach adjacent to the Oceana property, dewatered the excavation pits and discharged the effluent of unknown composition onto the community property, resulting in flooding and health hazard.

The community feels discriminated against. Pursuant to the City plans, there are several bathrooms to be installed along the boardwalk; however, although the rest of the boardwalk is significantly wider than its short section by the Oceana, none of them is situated in front of the residential dwelling. Moreover, some communities along the boardwalk between the Sea Gate and Coney Island Avenue expressed their need for a public bathroom, but the City is viciously and shamelessly determined to waste the $6 million of FEMA money for the bathroom which is not needed and will hurt the residents.

The residents of the Oceana community were severely damaged by hurricane Sandy. The community spent its funds for cleaning the property from water and debris, purchasing temporary generators, boilers and other equipment. Now, the same residents are collecting money to defend the community from the City’s pursuit to use $6 million (!) of the FEMA’s money to complete the destruction.

We need your help to prevent this tremendous waste and harmful destruction.