Oyster Bay Town officials announced on Monday that they will be going to Supreme Court, Nassau County to seek an injunction against a North Massapequa business owner. As reported in the Massapequa Post last week, Central Tile, 1129 North Broadway, constructed an addition that residents said was much larger than the plan the town approved in 2002. After questions were posed to public officials about the site by a Post Reporter, Councilman Angelo Delligatti and other town officials responded to the site and immediately issued a stop work order.

Councilman Angelo Delligatti said it is the town's position that the owner, Geralmo Valerio, must cease and desist from working on the project and do whatever it takes to bring the building into conformance.

"He apparently built something that was not on the plans that were approved by the zoning board when he requested and received the parking variance," said Delligatti. "We will attempt to not only get an injunction but actually have him tear down what doesn't conform to the plans the town approved."

The original plans called for a single story building with an attic and required 20-foot setbacks. What was built was a two-story building that encroached on the required setbacks, residents had complained to town officials.

The additional space on the second floor increases the parking requirements under town code. In addition, Oyster Bay Town spokesman Jim Moriarty said the second-story structure was added over an existing building that was not approved for such an addition. As such it did not undergo a full safety and construction review by the town, which he said is required under the law.

Efforts to reach Mr. Valerio were not successful and he did not return phone calls left with a secretary in his office.