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Developers, DOT and Planning Board debate 15‑ft right‑of‑way request and left‑turn restrictions at Routes 52/300 redevelopment
Summary
Redevelopment of the Dairy Queen site into a Popeyes prompted a lengthy Planning Board discussion after DOT asked that 15 feet of the applicant's property be kept clear for potential future intersection improvements and proposed limiting left turns from the new driveway; applicants said either requirement could make the project infeasible and urged Town guidance so they can resolve outstanding DOT comments.
Attorneys and traffic engineers for Newburgh Chicken — the applicants seeking to redevelop the Dairy Queen site at Routes 52 and 300 into a Popeyes — pressed the Planning Board on Nov. 7 for guidance after the New York State Department of Transportation flagged two unresolved issues.
Nicholas Ward‑Willis, counsel for the applicant, told the board DOT requested the town ensure the applicant would not build within a 15‑foot band measured from the Route 300 right‑of‑way because DOT may someday expand the intersection. "If that 15‑foot is going to be required and that left turn is going to be restricted, this project doesn't work," Ward‑Willis said, urging the board to tell DOT whether it supports the recommendation so the applicant can seek concept approval.
Traffic consultant Corey Chase explained the redesign shifts the Route 300 driveway farther from the signalized intersection and restricts the Route 52 access to right‑in/right‑out only; he warned that if DOT were to bar left‑turn egress from the Route 300 drive, customers attempting to go west on Route 52 would need to perform circuitous U‑turns or use adjacent parcels, a strategic and operational challenge for a quick‑service restaurant.
Town traffic consultant Ken Wersted and Planning Board members repeatedly recommended the applicant continue working with DOT. Wersted noted DOT had circulated a comments spreadsheet and the most important open issues were the right‑of‑way buildable area and the question of allowing left turns out of the new driveway. Several board members said they were sympathetic to DOT's long‑range planning need for right‑of‑way while also recognizing the applicant's commercial constraints; opinions were mixed on restricting left turns, with some board members saying they would not favor a permanent left‑turn allowance given safety and queueing concerns at peak times.
The board did not take a final vote on the proposal but agreed the applicant should pursue coordinated review with DOT and town consultants and return with responses to the traffic and right‑of‑way questions. The board also discussed whether a reduced setback (three to four feet) might be sufficient to accommodate future DOT improvements without requiring the full 15‑foot band DOT requested.
