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“What happened to the no-left-turn at the Tim Hortons at the Transit and Michael Anthony Lane intersection,” resident Mike Fronczak asked the Lancaster Town Board Monday evening.
“I thought it was conditioned by the town that no left turns could be made into the Tim Hortons from Transit Road,” he continued. “They cut the dividing driveway median and now they can do anything they want!
Supervisor Robert Giza responded that people were bottoming-out so they cut the divider back to prevent that from happening.
“They can’t made left turns there yet,” Giza asked Building Inspector Jeff Simme? Simme replied that left turns could now be made there.
“That was part of the site plan approval, that it was conditioned that no left turns could be made into the Tim Hortons by vehicles traveling south on Transit Road,” Fronczak reiterated. “How did they ever get the approval to do that”?
“They went to the NYS Department of Transportation (DOT),” responded Councilperson Donna Stempniak. Stempniak went on to say that, "as it was a state highway Tim Hortons went to the DOT and got permission to reconfigure the driveway." “The DOT allowed the change of the access way.
“So, we (town) don’t have a say in that,” asked Fronczak.
“No,” replied Stempniak.
“In other words, all the conditions the town sets can just be thrown aside by the State”, Fronczak shot back. “This is a pretty substantial change, a change that negates a condition that residents fought for traffic safety reasons. Then within six months this change is allowed?”
"Not all conditions," replied Stempniak.
Town Engineer Robert Harris interjected that despite the no-left-turn signage that was put in place Tim Hortons customers were ignoring the signage and making left turns anyway and bouncing over the median.
“Where were the police when they were making these illegal turns,” asked Fronczak? They can’t be there all the time was the answer Fronczak received.
It was pointed out to Fronczak that Police Chief Gary Stoldt was present and that he could address his concern to him. Fronczak did and was told by the Chief that he could not comment at the time as he was not made aware of the situation by Fronczak and did not have the necessary information to respond.
Comment
So, lets get this right:
1) A condition was included in the site plan approval that stated that no left turns would be allowed into the Tim Hortons by vehicles traveling south on Transit Road - recommended by the Planning Board for traffic safety and queuing reasons.
This left turn condition was even discussed during SEQR and advocated as a traffic mitigating action.
2) Tim Hortons customers were making illegal left turns and bouncing off the driveway median because it was so configured to prevent vehicles from making left turns from Transit Road. They complained to management.
3) At a work session, the town talked about the issue and said they had no problem with the median being shaved. I must have misunderstood that they were referring to approving the reconfiguration for drivers making illegal left turns because I don't remember that part being discussed.
It seemed like the reconfiguration was going to take place to make more room for SUV'S and trucks making right turns that were having trouble negotiating the legal right turn
4) So, a driveway was reconfigured to allow vehicles that were making illegal left turns easier access to a business, one where they would now not bounce over the median.
There are now two driveways and a street within 100 feet of each other that allow entry/exit from Transit Road. The one driveway serves a large and busy apartment complex, the other services the Tim Hortons, and Michael Anthony Lane serves a subdivision complex.
While all this takes place the Town is working on an “Access Management” ordinance, one that includes cooperation and coordination with the regulatory agencies, and one that most likely would have most likely prohibited this type of action.
It is especially disturbing to hear the town declare that they were superceded by the DOT when in fact NYS DOT director Steve Munson stated at the Access Management public hearing that if the town decides against an action, there is no way the DOT is going to issue a work order.
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