Dunkin’ Owners Sue Over Nixed Drive-Thru

 

By Danny Schrafel

dschrafel@longislandergroup.com

 

The owners of this Dunkin’ Donuts franchise are suing the town’s Zoning Board of Appeals after the board rejected variances needed to build a drive-thru. (Long Islander News photo/archives)

The owners of this Dunkin’ Donuts franchise are suing the town’s Zoning Board of Appeals after the board rejected variances needed to build a drive-thru. (Long Islander News photo/archives)

The owners of a Dunkin’ Donuts on Route 110 are steamed after the town’s Zoning Board of Appeals (ZBA) shot down their request for variances to add a drive-through. Now the matter is in court.

New Dough 1 LLC, owners of the Dunkin’ Donuts at 281 Walt Whitman Road in Huntington Station near Melville, is suing the town in an Article 78 proceeding, aimed at overturning the ZBA’s decision, following a unanimous Oct. 16 vote by the ZBA to reject the application.

If New Dough 1 succeeds in court in proving the town was arbitrary and capricious in its decision, the town would be forced to allow the drive-through and a 149 square-foot expansion to the existing store.

Chairman Chris Modelewski, however, was not concerned last week.

“They’re going to lose,” he said bluntly Dec. 4 after telling the board of the lawsuit.

Melville-based attorney David Altman, who represented the applicant at the ZBA hearing, could not be reached by press time Monday.

In its ruling, the board rejected the proposal by New Dough 1, arguing their plans would create dangerous conditions for pedestrian and vehicular travel and would have required too large of a parking variance, amongst other “substantial” line variances.

“A grant of the requested relief would set a negative precedent affecting similarly situated properties along [the] Route 110 corridor, particularly in the immediate area where the lots tend to be smaller in size than in some other areas along Route 110,” the ruling reads. “The board finds that a grant of the requested relief in this case would trigger a detrimental change in the pattern of development in the area.”