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Thread: William Street signage variance application should be denied

  1. #16
    Member gorja's Avatar
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    Quote Originally Posted by Lee Chowaniec View Post
    The Zoning Board of Appeals (ZBA) tabled this variance hearing at the January Meeting and will be reviewing the application tonight (Thursday, February 6, 2020).

    The petition of Benderson Development Company LLC, 570 Delaware Avenue, Buffalo, New York 14202 for three [3] variances for the purpose of erecting a sign on premises owned by the applicant at 4733 William Street, Lancaster, New York, to wit:

    A. A variance from the requirements of Chapter 50, Zoning, Section 30D.(1) of the Code of the Town of Lancaster to install a sign advertising Rachel’s Mediterranean located at 4931 Transit Road on an existing pole sign at 4733 William Street.

    Chapter 50, Zoning, Section 30D. (1) of the Code of the Town of Lancaster requires no sign shall be used to attract attention to a business not available or located on the premises where the sign is located. The petitioner, therefore, requests a variance to allow offsite advertising to be placed on a parcel.


    Since (and before) that meeting the Orville’s pole sign has a Rachel’s Mediterranean Restaurant lit sign operating on its premises. Since that date there have accidents in this location, one of them in the Orville’s driveway entrance.

    The colocation of the Rachel’s sign is illegal, and this overburdened area does not need any more attention / traffic drawn to it.

    Public safety is supposed to be the town's number one priority, right?
    What was the result of last night's meeting? The recording isn't posted yet.


    EDIT_ Ooops it wasn't last night it's scheduled for 2/13

    Have a GREAT day,
    Georgia Schlager

  2. #17
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    Quote Originally Posted by gorja View Post
    What was the result of last night's meeting? The recording isn't posted yet.


    EDIT_ Ooops it wasn't last night it's scheduled for 2/13
    Thanks, Gorga.

    My bad! It was posted on the town website as January 6th agenda - posted on the 6th and where the agenda language clearly states the meeting was to take place on the 13th.


  3. #18
    Member gorja's Avatar
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    Quote Originally Posted by Lee Chowaniec View Post
    Thanks, Gorga.

    My bad! It was posted on the town website as January 6th agenda - posted on the 6th and where the agenda language clearly states the meeting was to take place on the 13th.

    I did the same thing. I saw Feb 6. Then i saw the calendar said Feb 13. So I opened the Feb 6 and saw it was the posting date not the meeting date

    I didn't go last night because I knew the opera house had the village public meeting on the roundabouts there.
    I would have went for nothing anyway

    Have a GREAT day,
    Georgia Schlager

  4. #19
    Member gorja's Avatar
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    Have a GREAT day,
    Georgia Schlager

  5. #20
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    The Lancaster Zoning Board of Appeals considered the petition by Benderson Development for three variances last night for the purpose of erecting a sign on premises not owned by the developer.

    The first variance to locate a sign advertising Rachel’s Mediterranean Restaurant on property not owned by the developer at 4733 William Street was tabled. Chapter 50, Zoning, Section 30D. (1) of the Code of the Town of Lancaster requires no sign shall be used to attract attention to a business not available or located on the premises where the sign is located. The petitioner, therefore, requests a variance to allow offsite advertising to be placed on a parcel of land not owned by the business.

    Former Town Clerk and ZBA member Robert Thill appeared before the board to advise them that the variance sought is an area variance and that town law established in 1989 is specific on what an area variance implies and the restriction placed on its approval thereon. “What the applicant is requesting is a change in land use and where billboards are no longer allowed,” declared Thill. “He can’t have it, period,” stressed Thill.

    Thill advised such action taken by the town to approve such variance could result in an Article 78 legal suit and where the town could be sued. The matter was tabled to allow for the petitioner and town to research and return with legal arguments as to why the area variance should or should not be approved.

    The other two variance applications regarding sign dimensional changes were approved based on findings declaring that their approval had little impact on the character of the neighborhood, environment, etc.

    Comment

    The applicant’s attorney declared that the Rachel’s sign collocated on the William Street pole sign would have little impact on the traffic in the area. Really?

    The traffic in this William Street area is already overburdened, is plagued with conflict points and experiencing frequent traffic accidents and vehicular backups extending onto Transit Road.

    The intent of this sign variance is to bring attention to an alternate Rachel’s access driveway; one with signalization, unlike the Transit Road access driveway and where making left-hand turns into the Aldi plaza is near impossible.

    For individuals who travel William Street regularly or reside in the area, the traffic and traffic safety issues that will increase are as important as all other reasons why this variance should not be approved. Public safety is supposed to be the town's highest priority, right?

  6. #21
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    It will be very interesting to see what Benderson and its legal representation come up with to circumvent a town code that was established in 1989 that disallows signs on property not owned by the applicant. It is my understanding that ‘use’ or area variances are not permitted.

    Unlike past code enforcement department’s the current department is enforcing signage codes in place. Drive down Transit Road and you will see numerous sign violations – violations committed at site plan approvals where signage applications were not sought.

    No one is above the law, or so I keep hearing!

  7. #22
    Member gorja's Avatar
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    Quote Originally Posted by Lee Chowaniec View Post
    It will be very interesting to see what Benderson and its legal representation come up with to circumvent a town code that was established in 1989 that disallows signs on property not owned by the applicant. It is my understanding that ‘use’ or area variances are not permitted.

    Unlike past code enforcement department’s the current department is enforcing signage codes in place. Drive down Transit Road and you will see numerous sign violations – violations committed at site plan approvals where signage applications were not sought.

    No one is above the law, or so I keep hearing!

    And Mr Thill explains it perfectly at this point of the meeting recording
    https://soundcloud.com/user-32929237...13-zba#t=20:25

    Have a GREAT day,
    Georgia Schlager

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