The Oyster Bay Town Board heard testimonies last week for and against a proposal to construct a Kentucky Fried Chicken fast food restaurant with a drive-thru window on Broadway in Hicksville. At this time, lawyers and experts for the applicant presented the board with a request for a special use permit while all members of the Hicksville community present at the hearing voiced their opposition to yet another fast food restaurant.

The applicants - KFC American, Inc., JS Retail LLC and Dawson Holding Company - are seeking a special use permit to operate the drive-thru restaurant at the southwest corner of Broadway and Princess Avenue. They also requested recision of restrictive convenants in conjunction with the former property use. The applicants are being represented by Jeff Forchelli, a partner with the Mineola-based law firm of Forchelli, Curto, Schwartz, Mineo, Carlino and Cohn, LLP.

The proposal calls to demolish all structures on a 25,600-square-foot lot, which formerly housed a Merit gas station. In doing so, the existing structure, along with two residential homes would be demolished and a 2,892-square-foot restaurant would be constructed. The property, which is located in a General Business (GB) District, would also include ample parking and a five-foot high chain link fence, which would be erected at the rear of the property.

The proposal calls for the restaurant, which would include a minimal eat-in area, to be open from 10:30 a.m. to 11 p.m. weekdays and from 10:30 a.m. to 1 a.m. on weekends, with noon to 1 p.m. and 6:30 to 8:30 p.m. the busiest. In hearing 1 a.m., several residents in the audience groaned and Supervisor John Venditto asked, "How badly do we need that 1 a.m.? Can we talk about it?"

Forchelli replied, "Yes."

With the restaurant accessible from Broadway, Carlton Place and Princess Street, there was concern about increased traffic on local streets as well as using residential roads as cut-throughs. As a result, representatives for KFC have proposed elimination of the Carlton Place exit. In addition, cars exiting would be allowed to make a right turn onto Princess Street and then a right turn onto Broadway only. With Broadway a divided highway, patrons leaving the restaurant would have to make a U-turn further down the road.

Wayne Muller, a traffic expert hired by the applicant, stated that granting a special use permit would not impact the traffic in the area. "There would be an imperceptible impact," he said. "I wouldn't anticipate any traffic impacts. Most would be those who would [normally] pass by."

Forchelli said, "We don't open until 10:30 a.m. Lunch hour is our busiest time and there is no rush hour then. We have off-peak hours. Seventy-one percent of traffic is pass-by traffic."

John McKee, construction manager, added, "We are not as popular as McDonalds so we don't generate as much traffic as them."

Town Councilwoman Bonnie Eisler disagreed, saying, "We are always sitting in traffic on Route 106/107 and this would create more." According to traffic statistics, 30 accidents in the past 46 months have occurred at Princess Street and Broadway.

Nick Benetos of Princess Street said, "There is already so much traffic. Cars are always waiting at Sunoco to get onto 106/107. A drive-thru emptying onto 106/107 will add traffic."

Another Princess Street resident agreed, saying, "No one follows the posted road signs that are there now."

In addition to traffic, residents living in close proximity of the property are concerned about the odor which will be emitted from the restaurant and garbage in the immediate vicinity.

"We don't need another food place," said a 48-year resident of Carlton Place. "I found a rat in my yard because of the current food places."

The record on the KFC application will remain open for public comment through Tuesday, Feb. 4. During the allotted two-week time period, which begins from the time the application is first heard, residents of Hicksville will be able to submit any questions or concerns they may have about the application for board review. Once the record is closed, the board will begin deliberations on the application. "There is no set time in which the board has to conform to," said Phyllis Barry, spokesperson for the town, "They try and make a decision within a reasonable time."