Development
Lancaster Town Board denies Tim Hortons site plan approval
By Lee Chowaniec
Sep 11, 2007, 16:09

By a three-to-two vote, Lancaster’s Town Board denied site plan approval for a proposed Tim Hortons that was to be located at 4849 Transit Road, at the Michael Anthony Lane intersection.

Voting to deny approval were Council Members Donna Stempniak, Mark Montour and Ronald Ruffino. Supervisor Robert Giza and Council Member Dan Amatura cast approval votes. It would appear that Amatura and Giza based their vote on Town Attorney Richard Sherwood’s counsel that denial of such action would most likely precipitate a lawsuit, and that such action would be deemed arbitrary and capricious in a court of law as the site was properly zoned for the Tim Hortons project.

Several town residents spoke at the public comment session on the prefiled resolution in opposition to the project. There were no comments made favoring the project.

After hearing Sherwood’s advice that some judge would most likely rule in favor of the project sponsor, all those speaking in opposition to the project voiced like sentiments that a Tim Hortons located at this intersection was an “accident waiting to happen.”

Residents petition board for denial

Residents encouraged the town to deny approval based on their office to protect the community’s safety and best interests. “If there be a lawsuit, so be it,” said Lee Chowaniec. “We believe the town has standing and reason to prevail.”

Chowaniec pointed out that the Planning Board twice failed to muster enough votes to recommend approval of this project to the Town Board.

He asked why there was no condition instated in the resolution that delayed the operation of the Tim Hortons until signalization was installed at the Kohl’s Department Store. Planning Board Chair Stanley J. Keysa touted such anticipated signalization at the Municipal Review Committee SEQR meeting as reason for not considering project traffic as having a significant adverse impact on the community. “There would be a break in the traffic when such signalization took place.”

“Several Tim Hortons are already located in Lancaster. Most of them are in locations that present like traffic congestion and traffic safety issues. Another coffee and doughnut shop when you already have a Dunkin Donuts a ¼ mile away, and within a ¾ mile area, a Starbucks and several retail and mini mart operations that provide like services.”

“I want to go on record as saying I am totally against this project for all the past safety reasons brought forward – especially after hearing your belief that southbound traffic will not make a left turn to enter the Tim Hortons from Transit Road.”

Jarrett Hatte, Queens Way resident declared he was already experiencing extreme difficulties making a left turn out of Michael Anthony. He expressed that signalization at Kohl’s would not address the traffic problems that would come with a Tim Hortons at the intersection.

Sherwood told Hatte that he understood that Hatte would like signalization at his intersection. “But it’s up to the NYS Department of Transportation (DOT) to make that determination and Kohl’s has been chosen as the place where it will go. It is midpoint between William and Losson Road.”

Laurie Bracci-Hatte asked whether the board felt the traffic that would come from the Tim Hortons would not have a significant impact on overall traffic and safety.

Supervisor Giza responded that if Tim Hortons did not go in there, “you can’t stop any development from going in there.”

“I know, but why this operation, replied Bracci-Hatte. “You have this up for approval. Doesn’t anyone care how we (residents) feel? Come down here and see how easy it will be for you to make a left turn at any time. Come down on a Saturday and Sunday and let me give you a demonstration.”

“We have families and children in the vicinity. Having a right turn only out of Tim Hortons will impact our traffic stacking and safety issues even more. “We should have a signal at our intersection.”

“That’s a DOT decision, replied Sherwood. “And, you are going to have something there.

Jarrett Hatte stated that vehicles exiting Tim Hortons on Michael Anthony to make left turns onto Transit at the intersection would result in more vehicle stacking, longer delays and the potential for more accidents.

Sherwood replied: “I don’t think they have that much business.” Attendees had a good chuckle from that statement. Hatt interjected that if Tim Hortons didn’t expect to have good business, "why would they choose to locate here?"

“You don’t seem to give a crap about us residents who live there,” Bracci-Hatte declared. Sherwood responded that it’s up to the DOT to control the traffic. “No, it’s up to you (town board).”

“If the town denies a commercial activity on a site that is commercially zoned along a major thoroughfare, that would be deemed “arbitrary and capricious” by a court of law,” responded Sherwood. “If our defense is that we don’t think it’s appropriate because it’s on Transit Road, and it’s already a busy highway, you’re not going to win that battle in court. The DOT widened Transit Road a few years so that it would accept the traffic then and more future traffic.”

“So put it next to the Kohl’s where it will be closer to the signal,” retorted Bracci-Hatte. Council Member Dan Amatura took exception to that statement and told Bracci-Hatt that so long as the project was not in her back yard that was okay.

“So we’re here trying to make the best decision for the town and you’re here in your own best interests,” countered Amatura “Do you expect them to build a $500,000 home there? On Transit Road?” It’s zoned for commercial use.

Michael Anthony resident Scott Zimpfer spoke next and responded to Amatura’s statement by pointing out the proximity of the Hortons to the Michael Anthony intersection. “With vehicles exiting Hortons, making right hand turns only, and with vehicular traffic trying to make left turns from Michael Anthony onto Transit, “we’re looking at a head on collision.”

Zimpfer and his wife spoke and supported the belief that signalization was needed at the Michael Anthony and Transit Road to ensure an operation that would bring that much traffic to the area would not exacerbate an already dangerous situation. “If signalization is not possible here, then the town shpuld consider locating the project somewhere else and a less intrusive business located here.

Zimpfer and Melissa Ornat (Michael Anthony resident who spoke later) presented myriad reasons why this project was too intrusive to the neighborhood – focusing mainly on Michael Anthony Lane having but one egress from the subdivision (Transit Road), the safety of their families and that traffic relief will not be had by the placement of a traffic signal at Kohl’s.

Resident Marty Galaczynski asked how southbound vehicles on Transit Road attempting to make a left turn to enter into Tim Hortons would impact the traffic flow. Sherwood replied that they would have to use caution like anyone else making a left turn into any of the businesses on Transit Road.

Not so said Council Member Stempniak. The Transit Road entry would be so constructed (rounded) to only allow for making a right turn for northbound traffic. Town Engineer Robert Harris added that such turn could be made, but only with the greatest of difficulty.

After voting occurred to deny site plan approval, Sherwood declared that he would see a lawsuit on his desk within 30 days, if not sooner.

Public comment session

Chowaniec addressed the board at the closing public session. He understood the positions all members took in casting their votes, but commended those three members for casting denial votes.

He also cautioned the board that regardless how the Transit Road ingress driveway was constructed, southbound travelers would attempt to enter the Tim Hortons making a left turn and that chaos would ensue

It was the right thing to do. Regardless that some court may agree in the future that the site plan denial was arbitrary and capricious, there wasn’t an attendee present last night that did not agree with the board’s decision.

The town should not consider approving any project that compromises community safety and quality of life. That is what town officials have been sworn into office to do, protect the citizenry.

This project is too intrusive for this location – a project of such scope that sits on a site that has only 100-feet of frontage.











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