Appeals court sides with Ballston in Wal-Mart battle March 27, 2008 By Kathy Parker (Contact) Gazette Reporter
ALBANY — A mid-level appeals court has sided with the town of Ballston in a dispute over zoning changes that doomed a planned Wal-Mart Supercenter at routes 50 and 67. Frank and Marie Rossi, owners of the land where the store would have been built, lost a lawsuit in state Supreme Court in Saratoga County last year in which they argued the town had illegally enacted a moratorium and rewritten zoning laws with restrictions on large commercial construction. Supreme Court Judge Frank Williams ruled the Ballston Town Board was within its rights to revise the town’s comprehensive plan and place restrictions on new construction. Rossi v. Town of Ballston To view the entire decision by the Appelate Division of state Supreme Court, click here. Today, the Appellate Division agreed with Williams. The Rossi's daughter and family spokeswoman, Gina Marozzi, said she was unaware of the decision and had no immediate comment. Proposals for the Wal-Mart on Routes 50 and 67 and another large strip mall with big-box anchor stores across the road were responsible for the creation of grassroots opposition groups that crowded Town Board meetings to voice disapproval. The board eventually passed zoning that requires any project over 90,000 square feet to be directed to the Town Board for final approval or rejection, rather than the Planning Board. When Wal-Mart presented the store plan under the new town guidelines, it was rejected as too large by the Town Board.
Wow! Who would have thought? But ya see, Frank and Marie Rossi are really looking out for their best interest here. It's called 'millions of dollars'! They clearly are not as interested in the quaint little town of Ballston Spa and what effects the beast will have on that community.Actually the Rossi's, if the land was sold to Wal-Mart, would have moved right out of the area. They are probably pi** out of their mind right now. And although I agree that people should be able to sell their land to whoever, there still has to be some community responsibility. Perhaps another more pleasing developer will come along and buy their land. Remember folks, our property is not ALWAYS an investment. I give Ballston Spa credit for fighting for their community. Good job!!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Appeals court sides with town in Wal-Mart case Landowners had sued Ballston for enacting zoning changes BY KATHY PARKER Gazette Reporter Reach Gazette reporter Kathy Parker at 885-6705 or kparker@dailygazette.net.
A mid-level appeals court has sided with the town of Ballston when it enacted zoning changes that doomed a planned Wal-Mart Supercenter on routes 50 and 67. The owners of the land where the store would have been built are Frank and Marie Rossi, who lost a lawsuit in state Supreme Court in Saratoga County last year when they argued the town had illegally enacted a moratorium and rewritten zoning laws with restrictions on large commercial construction. Supreme Court Judge Frank Williams in Saratoga County ruled the Ballston Town Board was within its rights to revise a comprehensive plan and to place restrictions on new construction. On Thursday, the Appellate Division of state Supreme Court agreed with Williams. The Rossis’ daughter and family spokeswoman, Gina Marozzi, said her parents will meet with their lawyer to decide the next step. “We’re not through with this,” she said. But, Wal-Mart spokesman Philip Gerghini said the Route 50 property site is no longer under consideration by the company. “That project is not on our radar screen anymore,” he said. The company is, however, still interested in building a store in or near the town of Ballston, he said. “We’re always on the lookout for a site where there is a demand,” he said. “We know we have a lot of customers in the immediate Ballston area who are traveling to get to a store.” Proposals for the Wal-Mart on routes 50 and 67 and another large strip mall with big box anchor stores across the road were responsible for the creation of grassroots opposition groups whose members crowded Town Board meetings and voiced their disapproval of any large chain store. The board eventually passed zoning that requires any project over 90,000 square feet to be directed to the Town Board rather than the Planning Board for fi nal approval or rejection. When Wal-Mart presented the store plan under the new town guidelines, it was rejected as too large by the Town Board. Town Councilman James Briaddy said he hoped the matter would come to a close now. “The Town Board did what it thought was right for the future of the town, and the courts have agreed,” he said. “We’d like to move forward now and find good businesses of the right size for Ballston.” Although Supervisor Patti Southworth was not on the board at the time of the zoning changes, she said she, too, wants to see developers come to town with projects that would fit the current laws governing new construction. “We really hope to move past the conflict and work for economic development that fits our community,” she said.
Wow! Who would have thought? But ya see, Frank and Marie Rossi are really looking out for their best interest here. It's called 'millions of dollars'! They clearly are not as interested in the quaint little town of Ballston Spa and what effects the beast will have on that community.Actually the Rossi's, if the land was sold to Wal-Mart, would have moved right out of the area. They are probably pi** out of their mind right now. And although I agree that people should be able to sell their land to whoever, there still has to be some community responsibility. Perhaps another more pleasing developer will come along and buy their land. Remember folks, our property is not ALWAYS an investment. I give Ballston Spa credit for fighting for their community. Good job!!!
Your views seem to be growing more inconsistent when it comes to large scale planning issues. I can't reconcile this comment with others on different but related topics.
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