A developer who planned to build a Sonic Drive-thru restaurant in DeWitt - the first one in Central New York - says he's fed up with the way the town is handling the project and he's pulling out.

"This project is beyond dead," said Fran DeSimone, the Sonic franchise developer who is expanding the chain in Upstate New York. "It's a dead deal. It's not going to happen."

That's news to the town of DeWitt, where officials said they have a meeting scheduled with Sonic consultants on Tuesday.

"As far as I know, the consultants are planning to be at this working session,'' said Samuel Gordon, director of planning and zoning for the town of DeWitt.

DeSimone said he's fed up with all the obstacles and requirements DeWitt planning officials keep throwing his way.

Many of them aren't based in any legal rules, he said, but are "purely subjective opinions that don't jibe with the reality of development along a main highway like Erie Boulevard."

The popular hamburger chain proposed to tear down a former car wash building at 3170 Erie Blvd. East to make way for the Sonic restaurant. It would be located in what's known as Empire Plaza, next to the former Goldberg's Furniture, which is now Natur-Tyme, across the street from Taco Bell and Five Guys.

Sonic said in February 2014 it would open five locations in the area over four years. One has already opened in Watertown, as the chain begins its expansion into Upstate.

DeSimone said he's so frustrated with the town planning officials that he's going to open his first Sonic in the town of Clay instead. "The officials there have been incredible,'' he said, adding he'll have his building permit there in mid-June.

Town of DeWitt planning board members met with DeSimone for three hours in April, and agreed there were two issues left to be resolved - a variance for parking and sign permits, DeSimone said.

Shortly after, DeSimone said he received a letter listing 73 items he had to address with the site plan.

"I did everything they had asked me, and then these 73 things come to me that we never even talked about,'' he said.

DeSimone said he's spent $48,950 so far on his proposal for DeWitt.

Along with the 73 items, DeSimone said the town:

Required him to send to the board samples of the stone, brick, siding, canopy and wood he planned to use, which he did. He said he's built 250 Burger Kings and Paneras and has never been required to send building material samples before.

The town asked him to change the way people order their food. Instead of pulling up and ordering from the driver's side, the town asked him to make that process occur from the passenger side so the "menu boards" wouldn't face Erie Boulevard.

DeSimone spent $2,000 on airplane tickets for Sonic officials to fly from Oklahoma to DeWitt to answer planners' questions, and then the meeting was canceled less than 24 hours before it was to occur. When DeSimone complained about the money, he said he was told "that's the cost of doing business."

After being told he had to do a traffic study of the Empire Plaza before the next meeting in 10 days, DeSimone said he hired a company to do it for $5,000, and then was told that next meeting also was canceled.

In addition, DeSimone said he was told planners didn't like the look of his restaurant, were opposed to the stucco, didn't like the lighting and instead of a brownish/beige brick they wanted more 'earth tones,' '' he said.

When questioned on the reasoning, DeSimone said he was told his design "didn't fit," or just that "we don't care for it,'' he said

Gordon, of the town of DeWitt, said the Sonic is proposed for a "complicated site" where the zoning is split between commercial and residential. To get around that, Sonic would combine its parcel with Empire Plaza and then, with a variance, it could have enough parking, Gordon said.

Gordon said the plaza has applied for the variance that would allow the parking to happen, and that's the biggest issue.

As for the 73 items, Gordon said it's typical for planners to make comments, and many of the items are smaller details.

"We do have design guidelines and specific lighting standards," he said. "With every project we review we provide comments.

"We felt we were addressing the issues and they would be worked out,'' he said.

DeSimone said he feels bad because many people in the town and surrounding area expressed enthusiasm for the project.

"It's deplorable,'' he said. "I'll know better next time to take my business to other municipalities that want 100 new jobs created, increased tax revenue and existing eyesores removed, without all the games."

The Oklahoma City-based chain has about 3,500 restaurants in 44 states.