Planning & Zoning Commission Faced with Controversial Application

The owner of a used car sales lot, who is currently being sued by a neighboring business, and has a cease and desist order from the city for allegedly violating zoning regulations, will have to wait until next month to see if he gets approval to increase the number of vehicles he can park there.

The Planning and Zoning Commission on Tuesday granted an extension until its Dec. 13 meeting at the request of the owner of Pine Rock Auto Sales, Inc., Michael Sninsky.

Sninsky said he just found out earlier in the day Tuesday that his application requesting he be allowed to increase the number of used cars on his lot from eight cars to 12 was up for discussion on the Commission’s agenda. Sninsky said he was unable to get his attorney to attend the meeting at such short notice, and without representation, requested the matter be tabled.

Sninsky is currently being sued by adjacent business owners Adriano and Joann Monaco, of AJ’s Automotive, who claim the used car lot is not being used for that purpose at all, but rather has morphed into a junkyard over the years. The Monaco’s attorney, Richard Volo of Derby, said the lawsuit was filed because the owner is in violation of zoning regulations.

The city’s Planning and Zoning Administrator Rick Schultz said the city received a formal complaint about Pine Rock Auto Sales in August, regarding the “improper operation” of the business, located at One Seneca Trail.

Schultz said an inspection of the property was conducted by zoning staff in September, and a certified letter was sent to the owner that the business operation “was in violation” of its dealer license issued by the state Dept. of Motor Vehicles back in 1984, as well as the certificate of zoning compliance that the city’s Zoning Board of Appeals approved in 1983.

Schultz said when the owner failed to comply with the notice of violation, the city issued a cease and desist order against Pine Rock Auto Sales in late September.

Schultz said since the order was issued, an application was submitted from the owner, requesting modification of his existing used car dealer’s license that he be allowed to increase the number of cars on his lot from eight to 12.

A second inspection of the property conducted by zoning staff last week found a total of 13 cars and related car parts stored outdoors, which Schultz said is a violation of the dealer’s license, and the cease and desist order. It was further determined that the owner was operating a “motor vehicle junk yard,” as defined by state statutes, rather than a used car dealership. Schultz said at one time, there were 20 cars on the lot.

Schultz said he contacted the president of Pine Rock Auto Sales by phone earlier in the day Tuesday, who told him that two vehicles had just been sold, but not yet removed from the property, and requested more time was needed in order for the business to comply with the city’s orders.

Schultz said Pine Rock’s application to increase the number of cars on the lot was referred to the fire marshal for a review, who has since recommended that the commission reject the application.

The Commission plans to address the matter at its Dec. 13 meeting, scheduled for 7 p.m. at . 

Joann Monaco, during Tuesday’s meeting, showed the Commission several photos of the lot, which showed an abundance of overgrown weeds and shrubs tangled in a fence, mold on the building and rusty cars and car parts.

Volo said a Jan. 19 hearing date has been set for the matter to be discussed in court.