Orchard Park Approves Drive-Thru Ban

6-year battle with developer Ray Miranda far from over

Brendan Keany
September 05, 2019 - 3:01 pm

Proposed site of a Tim Hortons in Orchard Park. (WBEN Photo/Susan Rose)

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ORCHARD PARK (WBEN) - The six-year battle between developer Ray Miranda and the Town of Orchard Park appears far from over.

Miranda has been trying to put a Tim Horton's on the corner of Chestnut Ridge Road and Armor Duells, but last night another road block, as the town board approved a drive-thru ban. Town Supervisor Patrick Keem joined WBEN on Thursday morning and admitted that the ban was proposed to target Miranda's development.

"We're a business-friendly town; we're a business-welcoming town board, and we realize that businesses provide jobs, increase our tax base and provide convenience for residents..." said Keem. "But specific to this location, it's near the corridor that leads to the 219, and 2017, the state...rebuilt and restructured Chestnut Ridge Road and South Buffalo where this proposed Tim Horton's property is located, and they increased traffic through there...so this whole issue, the way the town board looks at it, is a safety issue."

Keem noted that the town did not have a traffic study conducted even though Miranda financed one, but says it's common sense that problems would be created.

"I cannot believe that, with all of the traffic that backs up there - I mean, I go by there in the morning, and at certain times, it's extremely busy," said Keem. "Just to have one entrance and exit just down from where the traffic light is, where traffic is backed up at the light every morning, it just doesn't make sense that it wouldn't be a traffic issue."

Listen to Keem's full comments below:

Miranda says that's preposterous.

"The town supervisor and the planning board chairman mention all the time that there's a traffic issue and a safety issue, but in the same voice they say that they've never read the traffic study, so I'm not too sure how they can come up with that reasoning...they said the Department of Transportation did not give their approval of our traffic study, which is another falsehood - they absolutely did."

While Miranda is clearly frustrated with the long process of this property, he added that there's not reason to give up at this point.

"I've got a lot invested in this corner," he began. "I have legal fees that are invested in that corner; I chose that corner after doing a lot of due diligence. I own eight other locations; we do the same thing, and I have other developments and other businesses where you do your due diligence up front, and you don't go into a corner where you know there's going to be an issue. We went into that corner because it was zoned properly."

Miranda says that the town will have yet another lawsuit on their hands in the very near future.

Listen to Miranda's full comments below:

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