The P&Z Public Hearing on McDonald's is Thursday Night

Though the Planning & Zoning Commission previously approved construction of a McDonald's restaurant with a drive-thru window at 579 Main Street, a group of neighboring property owners opposed to the plan tied the project up in court.

Real Time Investments LLC, the applicant, fended off the court challenge, but then its opponents brought a second challenge before the appellate court.

McDonald's has decided to pursue its new restaurant on two fronts, re-applying before Monroe's land use boards, while awaiting a decision in court.

"This is a two-pronged attack," said Peter Gelderman, an attorney for Real Time Investments. "If we win in court, we will go with that approval. If not, then we'll continue with the application."

A P&Z hearing will be held Thursday night on the new applications for a zone change for a portion of the property — from an RD to a DB-1 district — and for a special exception permit for the restaurant and drive-thru window. It is scheduled for 7 p.m. in the Town Council Chambers of Monroe Town Hall.

Of the lawsuit, Gelderman said the P&Z Commission had waived some of the landscaping and buffering requirements for a commercial property with an adjacent residential parcel. Two neighbors challenged that, contending that the P&Z could not waive its own regulations — and that a Zoning Board of Appeals approval would be needed instead.

Gelderman said the zoning regulations have a provision allowing the commission to waive some minor requirements. Since the original application was approved, Gelderman said the neighboring property changed its zoning to a DB1 for Meineke Muffler, so the issue no longer applies.