Owner of Massapequa car repair shop sues Oyster Bay after town says it can't operate anymore

The owner of a Massapequa car repair shop has sued Oyster Bay after the town said the business could not continue operations without a special use permit.

The lawsuit argues the business on North Broadway had been operating as both an auto repair shop and commercial glass facility since the 1960s. But town officials say that since the facility changed hands in 2024, the property shifted to automotive repairs, which requires a special use permit.

The property's owner, James Danias, disputes the town's position and in the lawsuit says there's been a car repair shop on the property for decades. The town changed the zoning for the site in 2006, shifting the area from business to residential. Since the property was a repair shop before the zone change took effect, that use should be grandfathered in, Danias' lawsuit states. 

Danias bought the site in September 2024 and leased it to JAR Performance Auto Specialists LLC, court filings show. Last May, the town’s planning department sent a violation notice to the business faulting it for operating as an auto shop without a special use permit, calling it a prohibited use, court filings show. The violation did not address the shop's use as an auto glass shop.

'Hurting' the business

Danias, who is also the shop's main technician, told Newsday in a phone interview that he scaled back the business' operations after the violation. He said he is avoiding larger projects, like converting cars into turbocharged models. Town officials said they began receiving complaints after the ownership change and sent town inspectors to visit the site.

"The whole thing is hurting" the business, Danias said in an interview. "I feel like I'm just getting railroaded every step of the way."

Danias said when the town began to raise issues with the property, he began to question if the business could survive in its current location. He bought the property for $1.1 million. 

"I just bought a million-dollar building. I had no money left," Danias said. 

He appealed the town's violation, arguing the business' use as an auto repair shop preceded the zone change and should be allowed. The town's zoning board of appeals voted unanimously to deny the appeal on March 5, records show.

Timothy Zike, deputy commissioner of Oyster Bay's planning department, testified during a town hearing that the shop originated as a glass shop. It later evolved into an auto repair facility, he said. "Just because it morphed into auto repair use doesn't mean it was legal," Zike said. 

Even in the 1960s, a special use permit would have been required to run an automobile repair shop, he said during the zoning board of appeals hearing.

Brian Nevin, a town spokesman, said in an emailed statement: "The Town of Oyster Bay will continue to vigorously enforce its zoning laws and defend its authority to protect the quality of life, safety, and character of our neighborhoods."

Glass business appears intact

John Armentano, an attorney  for Danias, said in an interview that the glass business "appears intact and unaffected by the violations issued by the town."

Oyster Bay considers the auto repair end of the business an illegal expansion from its permitted use as a retail glass shop, Armentano said. "We obviously disagree and hopefully we can work something out with the town," he said.  

On April 17, Danias filed the suit against the town, the planning department and zoning board of appeals. The lawsuit argues the town "incorrectly determined" that automotive repair work was not initially permitted there and that it did not occur before the shop changed hands.

“The desire to modify zoning does not justify the destruction of substantial businesses developed prior to the adoption of such ordinance,” lawyers for the business wrote in the court filing.

By Joseph Ostapiuk

joseph.ostapiuk@newsday.com@OstapiukJ