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Last updated on May 25, 2012 at 5:33 EDT

Board Says No to Tim Hortons

September 12, 2007
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By Sandra Tan

The Lancaster Town Board has turned down plans for a new Tim Hortons at the southeast corner of Transit Road and Michael Anthony Lane. But developers for the Canadian coffee and doughnut chain aren’t going without a fight.

Jeff Palumbo, the lawyer representing the developers, told the board he expects to file lawsuit papers against the town today.

The board voted, 3-2, Monday against a resolution approving the site plan for the development. The split vote is unusual for the board.

Residents living off Michael Anthony Lane had submitted signed petitions to the board and voiced concerns about the chain’s potential impact on traffic.

Though the resolution was defeated without comment or discussion, Councilwoman Donna Stepniak later said she thought the site plan squeezed too much on eight-tenths of an acre.

“Traffic was a big issue,” she said. “I think that was a building that was crammed into too small of a parcel. It generates an awful lot of traffic for such a tiny parcel.”

She added she was disappointed that the state Department of Transportation did not conclude that traffic would be adversely affected by the chain’s presence, which typically sees heavy daytime drive-through business.

Councilmen Ronald Ruffino and Mark Montour also voted against the site plan.

Supervisor Robert Giza, who voted for the project, along with Councilman Daniel Amatura, said he believes that the developer, TDL Group, could have a good legal case against the town since that parcel of land is zoned for general business.

“We can’t really stop it if it fits into the zoning,” Giza said. “You’re putting off the inevitable, three or four months maybe. I don’t think you can put it off forever.”

At previous meetings, it was noted that a stoplight is planned for the nearby Kohl’s department store, which will eventually address traffic congestion on that stretch of Transit if the Tim Hortons is built at 4849 Transit.

In other matters, the board:

* Approved a site plan for a multi-unit apartment building at 5849 Broadway, developed by Mark Aquino.

e-mail: stan@buffnews.com

Originally published by NEWS STAFF REPORTER.

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