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Reader says Town officials deserve no credit for its action Dear Editor: I live directly next to Central Tile Ltd. and would like to respond to the Editorial from March 28, (Agreement on illegal building is reasonable). I find it laughable that the Massapequa Post would "commend" the Town of Oyster Bay (TOB or Town) for any of its actions or rather inactions with respect to the illegal building constructed by Central Tile Ltd in 2005. Please remind me what we should "commend" the Town of Oyster Bay for. 1. Permitting the construction of an illegal building in North Massapequa? TOB inspectors failed to identify the construction of a second floor, which was not part of the plans submitted to and subsequently approved by the Town. Such actions constitute either gross incompetence or bad faith efforts by TOB inspectors. How does one legitimately miss an entire floor? Moreover, as construction occurred over a fivemonth period the inability to spot an illegal addition is really more than "a lack of oversight" or "an initial misstep" as the Massapequa Post so flippantly wrote. 2. For allowing an illegal building to stand for two years? On April 20, 2005 the TOB issued a stop-work order to Central Tile Ltd, and halted further construction in no small way from the efforts of your organization. However since then, the TOB has effectively done nothing to rectify, what your own editorial correctly referred to as "blatant violations." We were forced to wait two years for impotent TOB attorneys to obtain "concessions from the property owner." Concessions for what? Blatantly violating the code? Should we really congratulate Town attorneys for requiring Central Tile Ltd. to construct the building "as initially proposed?" That strikes me as a rather uninspiring feat, but evidently you have lower expectations for TOB attorneys than even I do. It is important to note that the building continues to remain in an illegal state, nearly two years after the issuance of the stop-work order. Apparently that fact is lost on you. Although the TOB can be accused of many things, "moving aggressively" as the Massapequa Post wrote, clearly is not one of them. Do you not realize that my family and area residents have been forced to live with an illegal building for over two years solely because of (1) TOB inspectors' inability or unwillingness to do their jobs, and (2) the TOB's failure to remedy the situation in a timely manner? The cessation of construction in 2005 is of little solace to my family and neighbors who have been forced to live with a structure that should never have been constructed. 3. For routinely providing inconsistent and conflicting information? On several occasions, Mr. Timothy Zike, assistant to Supervisor John Venditto, informed area residents that Central Tile Ltd, was required to maintain a minimum distance of 20-foot between my property and the addition. The TOB even commissioned DeBruin & Sons, an independent surveyor, as did I, to measure the distance. When the surveyors found that the building did not meet this 20-foot requirement, the TOB apparently had an epiphany and indicated a distance of only 10 feet was sufficient. Mr. James McCaffrey of the Town's Zoning Department told the Massapequa Post (March 28) the Code always read that way, although Mr. Timothy Zike indicated the requirement was twice as great. Well which one is it? I find it extremely disconcerting that TOB officials do not know the Regulations they are paid to enforce. 4. For employing Zoning Board members who do not know Town Code? At a TOB Zoning Board meeting on March 1, Zoning Board member Mr. Scott F. Guardino stated that Central Tile Ltd. was not required to maintain a buffer between my property and the addition. The meeting was public and minutes are available. Obviously this conflicted with what I had been told previously by Mr. Timothy Zike and Mr. James McCaffrey and represented yet a third view by a third Town official. Not surprisingly, Mr. Guardino was mistaken. On March 29, Mr. Thomas Sabellico, Deputy Attorney for the TOB called to inform me that the information provided by Mr. Guardino was in a word wrong. How can the Town of Oyster Bay permit individuals to sit on the Zoning Board, such as Mr. Guardino, who do not even know the regulations? It would seem the only appropriate course of action for Mr. Guardino is to resign his position from the Zoning Board and let somebody who either knows or cares to know the Code replace him. This would best "protect the public;" his presence does not. Over the course of the past two and one half years, the Town of Oyster Bay has allowed an illegal structure to be built, permitted it to stand and provided conflicting and incorrect information to residents. For this the Massapequa Post asks us to "commend" the TOB? Joan Magnuson, North Massapequa
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