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Agreement reached on illegal building
According to Town of Oyster Bay attorney Tom Sabellico, if the business comes into full compliance any outstanding legal issues with the Town will be cleared up. The new plans, presented at a Town of Oyster Bay Zoning Board meeting March 1st, show that the second floor must be removed to meet the specifications that the Town originally approved, specifically a height of no more than 24 feet. The building is currently 38 and-a-half feet. The second floor is to be used for storage space only, and all second floor windows must be removed by the owner, listed as Girolamo Valerio on Town records. The portion of the building that was illegally extended in 2004 that doubled its width will have a partial basement added, and the building's exterior must get a brick veneer and new roof, according to the agreement with the Town, which had taken Valerio to court over the issue. The building also has two additional gas meters in the rear, which must be removed, addressing concerns that a portion of the building could be used for residential apartments. The building has been a source of concern for members of the North Massapequa Civic Association who have complained to the Town for years that it was unkempt and dangerous. The extension was put up in 2004 and after complaints from residents who said it was much larger than the plans had indicated, the Massapequa Post took up the issue and also contacted the Town. In April, 2005, officials responded to the site and issued a stop work order. They acknowledged that the building, with its peaked roof and second floor windows, was not in accordance with the blueprints they had approved. Since that time, Central Tile closed its doors for a short time but has reopened, unable, however, to use the extension for a new showroom as anticipated. Residents are not entirely satisfied with the de- cision, however. Joan Magnusson, who remembers the singlestory building that was there 40 years ago when she moved in next door said she's glad the Town has forced the building owner to fix some of their "mistakes" but maintains many concerns. "The business is still too close to my home," said Magnusson, who lives on North Idaho Avenue. One issue for the homeowner is the fact that a survey, that she paid for, shows the building is 16 feet away, not the minimum 20-feet that was mandated in the original plans. However, James McCaffrey of the Town's zoning department said that according to Town code, the rear of the building is adjacent to a side yard and, therefore, is considered a side yard, requiring only a ten-foot buffer. Therefore, the 16-feet more than meets code and will remain in place. "That's ridiculous," said Magnusson. "As of last week the businesses back yard was its backyard. Now it's a side yard. Did the building move?" Rose Hobbins, president of North Massapequa Civic Association agreed that the decision doesn't make sense. "Is the Town trying to cover up something they did wrong by changing the code?" she wondered. Not at all, according to McCaffrey who said that the code has always read that way, however because different lots were added together, the building's front changed. As to why neighbors were never informed, remains unknown. The plans, if approved, also calls for the landscaping of the property including white pines, Norway spruce and English oak trees. The extension, to be opened as a new sales floor, is due to receive a new basement area while the building's exterior will receive a brick veneer and new roofing. Several calls to the property owner, Girolamo Valerio, and his attorney, Judy Jacobi, were not returned. The Town of Oyster Bay's Zoning Board is due to review the plans before a final decision is made.
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