“Cyndi and Bill Miner are launching a volley of new challenges to Duanesburg’s approval of a massive 30,000-gallon propane distribution tank near their home after a county Supreme Court judge dismissed their case last month.
The couple filed a notice of appeal with the state Supreme Court’s Appellate Division this week, claiming Judge Barry Kramer erred when he dismissed the case in July. The Miners continue to maintain the town Planning Board wrongly approved plans for Long Energy’s facility, despite it not being in compliance with the retail zoning along Western Turnpike.
Art Giacalone, the attorney arguing the case for the Miners, said the tank represents a heavy industrial use, which isn’t permitted in the town under its zoning laws. He said the site lacks all the amenities one would typically find at a retail location, such as an attendant or parking.
“I’ve never seen any municipality distort the meaning of zoning law like what happened in Duanesburg,” he said. “It’s clear this propane facility does not belong in that spot.”
Simultaneously, the Miners are challenging Duanesburg Code Enforcer Dale Warner’s issuance of a certificate of occupancy for the tank in July. They are scheduled to bring the matter before the town’s Zoning Board of Appeals in mid-October.”
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Mason, Justin. Schenectady Daily Gazette 3 October 2011.