Representatives of QuickChek returned to the Town of Montgomery Zoning Board of Appeals last month in search of a variance for a proposed gas station and convenience story at the site of the former Crossroads Restaurant, at the corner of Routes 17K and 208.

Kelly Libolt, KARC Planning Consultants, Inc., said her clients are proposing to build a 6,700 square-foot building at the site, larger than what is permitted for a convenience store under current zoning.

“We could put a 31,000 square foot building on this property. Or an 11,000 square foot retail structure according to code,” Libolt said. “When you look up the code for retail, it actually describes a convenience store.”

Libolt said only 1,000 square feet of the building would be designated as a convenience store. There would also be a seating area, and a food preparation area that would include fresh coffee. She noted that other fueling locations within the town have received similar variances, including the Mobil station on Albany Post Road that was supposed to have included a Dunkin Donuts, a Mobil Station on Route 208 and a Speedway on Route 208. Since the November ZBA meeting, the applicant has removed eight parking spaces along the front of Route 208, and replaced them with landscaping and reduced the proposed number of monument signs from two to one.

Attorneys for both the applicant and a neighboring service station debated on whether or not the plans are consistent with the town’s comprehensive plan.

“They are attempting to re-zone through you - not the town board - the use of this property,” said Albert Roberts, representing Russo Vosoughi, who operates the Citgo station at Scott’s Corners.

“It’s a huge building. It does not fit into our code,” said Don Berger of Residents Protecting Montgomery. “I fear that a QuickChek this large coming into our community will have real bad effects on the existing businesses that’s been here for decades, paying their taxes and being good neighbors. I really fear that.”

Roberts said he would appeal in interpretation made by the town’s code enforcement officer.

“The code speaks for itself,” said John Fallon, ZBA chair. “We’ll get a copy of it and whatever it says, it says.”

The ZBA voted to refer the application to the Town of Montgomery Planning Board which will determine whether or not the proposed project will have a significant adverse impact on the environment.

“Whether it is positive or negative, we can proceed from there,” Fallon said. “After the planning board is finished, it will come back to us. At this point, we are making no decision for or against any variance.”