by Mike Schnitzel
The garage in question, at 122 Oceanview Road, is a two-story structure complete with electricity and water connections, according to neighbors. "There's nothing wrong with having electric in your garage, but to have water and sewage connections and a second story, it's obvious it's not going to be used as a garage," said Bill Mansfield, a 40-year Garfield Place resident whose property borders the garage. "It's so out of character for the village, it should have put a question in [the building superintendent's] mind."
Permits were originally filed for the garage in December of 2002, and after years of inactivity, construction began on the garage on June 1 of this year, according to Diane Hardej and Arleen Puglissi, long-time residents of Oceanview Road. "Originally it looked like they were just beautifying the house," said Puglissi. "But the cement that they were pouring for the driveway was so thick that it started to cause concern among people."
Residents say the dimensions of the garage were also cause for alarm. "The height and size of the building caused concern, especially from the residents of Garfield Place, because it's right in their backyard," said Hardej. "It's huge."
After getting feedback from residents on Garfield Place, Puglissi and Hardej put together a petition that was signed by 51 residents requesting that the Village of East Rockaway halt construction. The petition was sent to Mayor Joseph Carrigan and members of the village board the week of June 27.
In a letter addressing residents' concerns, the village board stated that an on-site measurement revealed that the height of the garage was 22 feet - 13 feet shorter than village code presently allows. The letter also added, "It is regrettable that the present code did not provide sufficient height restrictions for garages."
Residents felt that the village's response was insufficient, and seized on the lack of height restrictions for garages as the reason why the permit should never have been granted for construction of the garage. "The residents are angry because we feel we have not been protected by the building department," said Hardej.
Residents were also angered by the way their concerns were dealt with by officials. "I went down to the building department twice and got no answer," said Mildred Smith, a 56-year resident of Garfield Place whose property borders the garage. "I even called Nassau County and they said they couldn't do anything, that I had to go through the village."
The residents raised their concerns at a village board meeting on July 11, with Christopher Mansfield, an attorney and the son of Garfield Place residents Robert and Eileen Mansfield, acting as their representative. A stop-work order was obtained by Mansfield, and construction at the garage ground to a halt.
"We issued a stop-work order to the owner for varying from the approved plans," said Dennis McCabe, superintendent of the East Rockaway Department of Building, Zoning, and Code Enforcement. "[The owner] will have to submit amended plans before work can resume."
In addition to obtaining the stop-work order, Mansfield has filed an appeal in an attempt to get the permit for the garage revoked. "We filed an appeal with the Board of Zoning Appeals and the Board of Trustees," said Mansfield, explaining that appeals were filed with both bodies due to confusion over which one had the proper authority over the matter.
"While filing the appeal, we discovered that in addition to being in violation of the zoning law, we believe that [the garage] is in violation of the New York State Fire Prevention and Building Code as well," Mansfield said.
According to Mansfield, the building code states that a garage cannot exceed one story in height and 1,000 square feet. "We have filed a written demand that the superintendent of building construction withdraw the permit based on these facts," he said.
According to Mayor Joseph Carrigan, the village attorney has been looking into the matter. "There's a difference of opinion between our legal team and Mr. Mansfield as to what the building code calls for," said Carrigan.
The owner of the garage dismissed residents' concerns, saying that the building would upgrade the neighborhood. "It's by code, and we don't make the code," said the owner, who refused to give his name. "If it wasn't up to code, that would be a different story, and it's actually well below code."
He also dismissed concerns that he would use the garage for purposes other than storing cars. "It's nobody's business," he said. "If people are so interested, why don't they come ask?"
Ultimately, residents are concerned about structures such as the garage altering the appearance and atmosphere of the neighborhood. "There's been a lot of [large garages built recently] and we're afraid it's going to change the character of the village," said Eileen Mansfield.
"I came here because there were nice, open spaces, and trees," said Hardej. "We don't want that to change."
The East Rockaway Village Board will hold a public hearing on amending the village code to limit the size and height of garages at its meeting on Monday at 8 p.m.
Comments about this story? Mschnitzel@liherald.com
