DERBY, New York — Residents on social media are raving about a big ditch in front of Tim Hortons in Derby, off Route 5.
A Facebook post shares one resident's car falling into the ditch, making them another to bite the ditch.
"Someone's going to die here," Norman Happer said.
2 On Your Side caught him getting coffee for his wife. He said when he exits the parking lot, he stays in the center of the entrance to clear the ditch.
"You got to do something. Tell the owner of this to get the state. Get someone down here," Happer said.
He continued, "I went into the store to complain. The answer that I was told is that belongs to the state, and I got into a heated argument."
And they're not wrong. The state's Department of Transportation is responsible for the ditch. Route 5 is a state-owned road. Based on an Erie County Interactive Mapping Viewer, the right of way of Route 5 is 50 feet from the middle of the road, which goes well into Tim Hortons property, which starts at the yellow line.
Currently, there are only iron rods and plastic poles in place.
So, how do customers feel about those poles?
"That's a weak effort to let them know there's danger. They need something a little more substantial," Bob Henry said.
2 On Your Side spoke to Susan Surdej, the spokesperson of the New York State DOT, by phone on Thursday. She urged concerned residents to write a letter to the agency's traffic and safety engineer, who is located at 100 Seneca Street in Buffalo.
Surdej went on to say those safety concerns will be investigated.