The executive board of the Duffy Park Civic Association wishes to clarify the matter of our support for the Dunkin' Donuts facility on Old Country Road and the differences between that application and the McDonald's proposal of 1996, which we defeated with the help of Councilman Tom Clark and others.

The property in question is zoned for retail and featured retail businesses (Wetson's, Titus Oaks/Music Arcade) for many years prior to being abandoned. Dunkin' Donuts is classified as a retail bakery and thus is permitted to operate in a retail zone without requiring a special use permit from the Town of Oyster Bay. This would not have been true if a drive-thru operation had been planned; a drive-thru operation can create many problems and, therefore, requires special permission from the town. The bottom line was that there was no legal basis for preventing Dunkin' Donuts from operating at that location and we believe the Oyster Bay Town Board was aware of that fact.

When we cannot legally stop a business from moving in, the philosophy of our organization is to work with the owners to try and minimize any potential negative effects the business may have on residents or the surrounding area. The owners of the Dunkin' Donuts were agreeable to our idea of blocking off the east and north sections of their parking lot between 11 p.m. and 6 a.m. so that no cars can drive past or park near the two homes adjacent to the property. Considering the owners did not have to agree to anything, we felt this was a major concession on their part and reflected their willingness to work toward a harmonious relationship with the neighbors. If Mr. Clark wishes to characterize this as "deserting the residents," we are guilty.

The owners of the McDonald's were not the least bit agreeable to any such concessions. Even though McDonald's is a retail business, they were required by town zoning code to obtain a special use permit because they wanted to operate a drive-thru. It was easy to see how a drive-thru on that site, combined with the small size of the property, could have caused major traffic problems on Old Country Road. And by refusing to agree to any of our suggestions for protecting the neighboring homeowners, they showed they cared nothing about being good neighbors. Mr. Clark and our civic association vigorously opposed McDonald's moving in and their application was rejected. We have no such leverage with the Dunkin' Donuts.

For the record, members of our organization personally visited numerous homeowners in a nearby community whose homes bordered a Dunkin' Donuts. Not one of those homeowners was experiencing a single problem with the operation that was impacting their quality of life. This fact weighed heavily in our decision to support this business moving into our area and revitalizing an eyesore property.

Thank you for the opportunity to set the record straight.

Executive Board

Duffy Park Civic Association