Orchard Park, N.Y. (WBEN) - The owner of several Tim Hortons franchises has been trying to add another location, this one at the corner of Armor Duells and Chestnut Ridge Road in the Town of Orchard Park. He says the biggest issue is over traffic impact, especially trying to get onto the 219.
Ray Miranda says the reason he wanted to buy the land was to have a drive-thru. That purchase was made more than a decade ago.
"Since that time, the town has thrown up roadblock-after-roadblock, and has passed two laws, which have both been struck down by the courts all the way up to the Court of Appeals in Albany," said Miranda in an interview with WBEN.
Miranda says he is back in front of the town trying to get a variance for a ban on drive-thrus the town put on the books a few years after he bought and presented the plan for the property.
The town has claimed traffic concerns with the site, according to Miranda, but he says he's paid the town's consultant to conduct a study, as well as paid for two other studies.
"We had their consultant review it and their consultant agreed with our consultant that said there would be minimal to no impact at all with traffic. In fact, the DOT approved the project, and it owns that road," Miranda contended.
Miranda claims the town has said there are too many Tim Hortons in the town to begin with, with seven in place.
"There's 53 insurance companies within a five-mile area. There's 108 real estate agents within a five-mile area. Towns cannot legislate that. If there's too many businesses, people will not come, and we will let the free market economy decide whether we survive or not," Miranda added.
Miranda says he spoke to the board last week to keep open the public hearing on a variance.
"We've gotten wind that a gas station is wanting to put a gas station right next to ours. We're actually going to get another traffic study done, at my expense, to show the town, once again, that even if this gas station gets approved, we would have a minimal impact on that," he said.