The team behind QuickChek’s gas station and convenience store, a project proposed for Scott’s Corner, appeared at the Town of Montgomery’s November 13 planning board meeting and announced that the applicant no longer faces litigation from the neighboring Citgo station’s owner.

John Furst, the applicant’s attorney, confirmed that the case’s judge dismissed the litigations against the applicant two weeks prior to November 13’s meeting, and that Citgo’s owner currently seeks to file a notice of appeal.

“That case was just dismissed by the judge two weeks ago. The case was dismissed as to all parties, so it’s really no longer an issue,” Furst said. “The gas station owner across the street, their attorney sent a letter today threatening and saying he’s going to file a notice of appeal.”

Furst asserted that the applicant wishes to move forward with the project and warned the planning board that waiting any longer for Citgo’s responses may have severe consequences on the town’s future projects.

“To hold this application up because somebody is throwing a Hail Mary, I just don’t think that’s right, it’s not fair,” Furst explained. “It would have an absolutely chilling effect on every planning board application before the Town of Montgomery. Because if I don’t like a project on this agenda, I’m going to tell somebody ‘Alright, we’ll just ask for an interpretation from the building inspector.’ And when you don’t get what you want there, then just file an appeal to the zoning board of appeals, and if you don’t like that, then just file a lawsuit, and if you don’t like that outcome, just file a notice of appeal.”

“We’re going to move forward. There is a slight risk in moving forward, but you know what? We’ve been successful, we’ve been very confident in where we’re standing. We’ve paid our fees, we pay our escrow, we have the right to move forward and we’re not going to let appeals or lawsuits slow us down,” he continued.

Kelly Libolt, the applicant’s representative, provided a brief update on the project and affirmed that the developers sent the board their latest plans.

“At this point, we’ve addressed all the comments that the planning board has relative to the SEQR review of the project. We’ve provided you with all of the plans and the documents. We’re here tonight to just answer any additional questions that you have, but we believe the application is ripe for a SEQR resolution and a SEQR decision by this board,” Libolt said.

Fred Reichle, planning board chairman, asserted that the board received the project’s SEQR draft the day of the meeting and did not have the chance to review it yet. The board motioned to resume QuickChek’s hearing on November 27 at 7:30 p.m., giving its members time to examine and evaluate the plans and SEQR.