By David Tyler

In early 2019, when the Manlius Town Board rejected a zone change that would have paved the way for a new Stewart’s Shoppe on the corner of Route 92 and Enders Road, the owners of the property, John and Stella Penizotto, sued the town claiming the zone change should have gone through to match the zoning of neighboring properties.
Now the Penizottos are in front of the Manlius Town Board again with what they see as a compromise that might allow them to sell the property for development.
The Penizottos are requesting a zone change on the parcel to Commercial A, which would allow most commercial uses, but prohibit the sale of gas. On Wednesday, the Manlius Town Board heard a brief presentation on the zone change before referring the matter to the planning board for its recommendation.
The Penizottos have not dropped the lawsuit but will if they get the Commercial A zoning for the parcel, John Penizotto said.
“I couldn’t put the chicken before the egg,” he said.
There is no pending project with the zone change application, John Penizotto said, but the change would allow them to market the parcel for a greater number of development purposes. He added that the area has changed dramatically in the past 20 years making the zoning on the parcel out of date.
“We don’t want to be in the real estate business,” Penizotto said. “We just want to get rid of the corner and get whole on our investment.”
The Penizottos own three Shining Stars Day Care centers, including one next door to the parcel on Enders Road.
“I’m not going to put an adult nightclub on that corner next to my daycare,” Penizotto said. “We’ve always been part of the fabric of this community.”
The zoning on the True Value hardware store and the gas station on the opposite corner are both Commercial B. The other corner is now home to the Manlius Fire Department.