Weekly Feature



2018-05-17 / Front Page

Site plan next step for potential Tim Hortons

by CHRIS GRAHAM
Editor

Miranda Holdings picked up a small victory during Thursday’s Planning Board meeting when the board recommended that the company’s potential building of a Tim Hortons at the northwest corner of Armor Duells and Chestnut Ridge roads be classified as a Type II State Environmental Quality Review action.

The board recommended the action, with only Planning Board member Philip Murray in opposition due to what he considers an unsafe traffic situation that would have an adverse environmental impact.

Now that the Planning Board has made the Type II action recommendation to the Town Board, Miranda Holdings is closer to making the 3,900-square-foot building a reality. The project, at 4956 and 4968 Chestnut Ridge, includes a 2,000-square-foot Tim Hortons with a drive-thru window and a 1,900-square-foot retail space.

The board’s decision on the SEQR comes after the developer, Ray Miranda, sued the town over its original decision on the SEQR in 2014. At that time, the town said the proposed project was a Type I action and would require an environmental impact study.

In the midst of its back-and-forth with Miranda Holdings, the Town Board created a local law that makes drive-thrus and fuel stations, including electric charging stations, Type 1 actions. Once Miranda sued the town in 2015, the issue found its way to the State Supreme Court.

Recently, the Appellate Division upheld the State Supreme Court decision that drive-thrus can’t be labeled a Type I action and that the property was a Type II action.

The next step for the project will involve examining the site plan, according to Planning Board Chairman Hal Fabinski.

Fabinski said Planning Coordinator John Bernard and the town’s Engineering Department would coordinate with Miranda Holdings on a site plan. Fabinski noted that there is a serious public safety implication in regard to traffic in the area. Because Chestnut Ridge Road is a state road, the state Department of Transportation will also be involved.

“There is need for a new traffic study,” Fabinski said.

Planning Board members will have 10 to 14 days from the meeting to gather their concerns about the traffic and pass it along to the company in regard to the site plan.

With a site plan still not determined, Deputy Town Attorney Leonard Berkowitz said the Planning Board would make the recommendation on the SEQR and the site plan to the Town Board at the same time. Berkowitz added that this is the typical process for a project, regardless of previous legal action.

email: cgraham@beenews.com

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