Reply With QuoteExcellent letter Lee. I'm sure traffic conditions haven't gotten better since Aldi's request was denied. So the Zoning board would have no plausible reason to grant this request. But again, this is Lancaster.
A meeting of the Zoning Board of Appeals (ZBA) of the Town of Lancaster is to be held Thursday, January 12, 2012 at 8:00 P.M., in the Town Board Chambers, in the Lancaster Town Hall, 21 Central Avenue, Lancaster, New York to consider a petition by Michael Clement of M&B Flix, LLC, (now Dipson Theater) for two [2] variances for the purpose of erecting an additional pole sign on premises owned by the petitioner at 4901 Transit Road, Lancaster, New York 14086.
Whereas the town ordinance allows a business one pole sign and that sign should only be 32 square feet in size, the petitioner is requesting a 100% variance to erect a second pole sign at the William Street access and a second variance of 50% to enlarge the signage area from 32 square feet to 48 square feet.
Any motorist traveling William Street is well aware that the two lane county road has a heavy load of traffic. Within 1,000 feet of Transit Road, William Street traffic is a nightmare, especially at peak traffic time. Adding a pole sign at the Flix complex driveway will only bring more traffic to an already overburdened road.
The ZBA meeting is a public hearing and public input is allowed. Those in opposition to the pole signage and want to show support are encouraged to attend the meeting.
The following correspondence was submitted by the writer to the ZBA for their consideration:
Honorable ZBA Members:
This correspondence has been submitted to provide reasons for my opposition to the granting of two pole sign variances to FLIX LLC (Dipson Theater) Dipson Theater.
According to the Zoning Board of Appeals own criteria, before making a determination it must consider five items to weigh; the benefit to the applicant vs. the detriment to the health, safety and welfare of the neighborhood or community.
The following are what are to be considered, the applicant’s responses and mine.
A) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
Petitioner response: No, it is a commercial district, next to and across from us. A pole sign will not create a negative image nor set precedence.
Lee Chowaniec response: It would indeed set precedence as the proposal for a like pole sign at Aldi was denied by this same board. And, there is no Wal-Mart pole sign on William Street as well. If I remember correctly, Aldi was granted permission to erect ground signage (monument) and has not done so.
B) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
Petitioner (applicant) response: No, a pole sign is needed to identify our entrance on William Street. Vast improvements are being made to our theaters, proper identification is needed.
Lee Chowaniec response: The Flix Theater complex has been in operation for approximately 15 years and no pole sign was required to identify the location.
In fact, there are currently two ground signs in place. The one is a lighted mobile sign and I wonder whether a permit has ever been granted for such signage.
This is a blatant attempt by the applicant to redirect overburdened Transit Road traffic onto William Street, itself an already overburdened road with four major driveways within a distance of 700 feet from Transit Road, and utilized by Flix, Wal-Mart, Aldi, Rite Aid and the Sunoco gas station and the parcels along Transit Road north of William Street.
C) Whether the requested area variance is substantial.
Petitioner response: It is not substantial. We have a large parcel and two entrances. Most theaters have much larger signs with flashing neon.
Lee Chowaniec response: To say that the addition of one pole sign where only one is allowed, a 100% increase, is not substantial is ludicrous and needs no further response.
D) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
Petitioner response: There will be no adverse effects. It will help alleviate traffic backups on Transit Road, which otherwise could create traffic pattern problems without William Street entrance.
Lee Chowaniec response: The applicant’s variance request becomes clear. By locating a pole sign on William Street he wants to redirect traffic from the Transit Road access and move it onto the already overburdened William Street. During busy Transit Road traffic periods, theater customers heading south are hard pressed to make dangerous left turns into the Flix driveway. When exiting the Transit Road theater driveway and wanting to make a left turn to head in a southerly direction, it is near impossible to do so and without great risk.
So now let’s move that traffic over to the William Street driveway where there is no traffic signal, two lanes of county road and several large commercial businesses nested along William Street and only 700 feet away from Transit Road. But hey, if the movie-goer can get to Transit Road signalization he can make a more safe left turn onto Transit Road.
In the meantime, and since the theater got busier, William Street motorists are being subjected to more traffic, more queuing and the increased risk of accident from motorists making left turns out of the Flix driveway. This area is a hell-hole. Do you want to make it worse by allowing a pole sign that will attract even more traffic?
E) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
Petitioner response: We are new owners. With Wal-Mart and much more businesses in the immediate area a pole sign will shorten vehicular traffic in a congested area by having our customers use this entrance, especially those not from the immediate area.
Lee Chowaniec response: It is indeed a self-created hardship in that the Flix Theater complex has been in operation for the past 15 years. How could the applicant not know of the Transit Road traffic and traffic safety issue – especially for vehicles exiting onto Transit Road and attempting to make a left turn where no signalization is available?
The applicant is well aware of the traffic and traffic safety issues that now plague William Street; or at least he should be. And now he wants to erect a second pole sign at the William Street access and divert a traffic nightmare situation from Transit Road to William Street.
There are approximately 14,000 vehicles that travel William Street daily, there are four driveways on William Street, within 700 feet from Transit Road, serving thousands of visitors daily and the applicant seeks a pole sign to attract more vehicles that will add to the chaos that already exist on William Street. Granting this variance is not in the best interest of the community as it increases traffic and traffic safety issues on an already overburdened, does indeed set precedence, and adversely impacts the quality of life of the community.
The variance for a second pole sign on William Street should be denied.
Should the ZBA deny the pole sign variance, the second variance becomes moot.
Excellent letter Lee. I'm sure traffic conditions haven't gotten better since Aldi's request was denied. So the Zoning board would have no plausible reason to grant this request. But again, this is Lancaster.
Georgia L Schlager
Whether the pole sign goes in or not, the Flix will draw more traffic on William Street and Transit. In my humble opinion, their remodeling job has made them one of the best cinema experiences in WNY. The theaters are intimate and comfortable. The seats are great. The new sound system is excellent. And I can't wait to catch a movie in the D-Box theaters. Recently, I've been patronizing Flix quit a bit. The more word spreads, the more people will go there, sign or no sign.
Should the variance be denied? Based on the code, yes. Would It matter one way or the other? Okay, my dark side says no, because that intersection is already the ugliest in Lancaster. How do I know? Because I use it a lot, helping to contribute to it's ugliness.
PS. Does anyone remember the "Gateway to Lancaster"? Wasn't that work of architectural splendor supposed to be at the intersection of Transit and William?
Your point is well made Mr. Howell, especially the part that traffic will increase regardless whether a pole sign is erected or not. Travelers of William Street will readily admit that Flix generated traffic has already increased.Originally Posted by gshowell
That said, a pole sign will attract even more attention to the William Street driveway and therefore bring even more traffic to an already 700 foot long section of overburdened road that has four curb cuts (driveways) serving a theater/business complex, Aldi, Rite Aid, Wal-Mart, and a gas station/car wash east of Transit Road.
I am sure you quite well recall that the Flix Driveway was supposed to be relocated to the west to align with signalization at the Wal-Mart driveway. At the same time, plans/conditions were made for the Rite Aid and Aldi traffic to be directed there as well. None of that has taken place and now the town has an opportunity to not only uphold its code requirement, but to stop more traffic/traffic safety issues from taking place at this congested site.
There is no reason ground signs/monuments cannot be used instead – as is now the case with the two ground arrow signs denoting ingress and egress.
At least this public hearing presents an opportunity for residents who travel this road and complain to have a say in the matter; a time for those to walk the talk!
So Lee, you're saying the driveway alignment went the way of the "Gateway to Lancaster"? Is it correct to think that the Flix driveway will remain where it is, a few car lengths from the signalization on William for the Walmart/rite aid driveway? There's not going to be an inner roadway that connects Flix to the Walmart/ rite aid driveway?
The inner road concept is dead in the water until present day property owner Kulbacks either develops the land or leases the peoperty to have such inner road connection possible. It appears likely that Kulbachs will develop the land, but as yet no project site plan has been put before the planning board.
Oh hum, screw the residents if they can't take a joke. Develop all along William Street for years, on a two lane county road, then rezone a large portion of the western portion of William Street, cram it with large businesses and provide four curb cuts with only one of them being signalized for ingress/egress. And worse is that the residents had to fight for the signalization at Wal-Mart as the original project sponsor saw no need for such signalization. Welcome to the Gateway to Lancaster.
Flix has been there forever. Why do you think people know where the William entrance is? People who know it will use it.
Lee said: " that traffic will increase regardless whether a pole sign is erected or not"
If the people are going there anyway, they are going for the movie, not to see a pole sign!
Lee you have to much free time on your hands? 8-)
The above is opinion & commentary, I am exercising my 1st Amendment rights as a US citizen. Posts are NOT made with any malicious intent.
Been at it for a long time (from 2008):
The above is opinion & commentary, I am exercising my 1st Amendment rights as a US citizen. Posts are NOT made with any malicious intent.
That's true Frank. There will be added traffic.
However the placement of a pole sign would attract more even more traffic. In his application the petitioner stated he wanted to direct traffic from Transit Road to William Street. The variance was substantial and would also have set precedence - the ZBA denied such variance for a similar pole sign for Aldi a few years ago.
Regardless, after ZBA member questioning and challenges the petitioner decided to withdraw his variance application and seek another option; petitioning for a ground sign. He was made to well understand the traffic situation in the area and the traffic that could be added with such signage.
Mr. Clement is to be commended for decision to withdraw his petition. He is also to be commended for spending a lot of money in upgrading the Flix complex and bringing a renowned theater operation to Lancaster.
Not really, Frank. But isn't is a good thing that some people do take the time and make the effort to attend town and school board meetings and attempt to let others know what is taking place in their town - what decisions are being made and how their tax dollars are spent.
Before I retired, I was like the great majority of residents, too busy making a living to get involved. When I did start attending town board meetings I sat quietly for several months observing others coming before the board with valid issues and concerns and being treated with ill respect and leaving without resolve. From that time on I became an activist, or as the some board members have referred to people like me, a gadfly, obstructionist, cave dweller and much worse.
Lee that is the problem, you are just that. This is a republic, not a democracy, you want a bigger say, YOU run for office. I would vote for you, if I was eligible to vote for you. You are very intelligent, put it to real use. You would be a great supervisor. To me it seems it does no good to be a complainer. Get on the inside Lee! Have a real vote. To me that would be way more powerful.
The above is opinion & commentary, I am exercising my 1st Amendment rights as a US citizen. Posts are NOT made with any malicious intent.
Thank you for your kind words. I have never been affiliated with a political party, believing they all have shortcomings with their ideology. I am currently too old and not in the best of health to pursue anything so vigorous. And, it was never in my mind at anytime to seek political office – and I had been approached several times.
I admire those who have the will to seek office. Not being party affiliated, I vote for who I believe is the most qualified and who I believe will best serve our community. I have voted for both DEMS and Reps in previous elections.
We have enough politicians. We need more people who are interested in holding them accountable.
What a lot of people don’t realize is that but a very small number of resolutions or town decisions are ever questioned or ever challenged at town board meetings. That translates to the town acting responsibly and appropriately the great majority of the time.
In the past the town has been reticent in putting information out to the public. When an individual would question the board on a matter they were not familiar with and could not get the information they needed, they were mocked at times and told they didn’t know what they were talking about.
I have been an advocate of putting out as much information as possible on the town’s web site. The public has a right to have information at hand to determine whether their representatives are acting appropriately as promised and fiscally responsible at the time.
Supervisor Fudoli promised more transparency, openness and civility. We shall see.
Frank, to add to what Lee had mentioned that running for office requires extreme amount of time, energy, money and public scrutiny. Exposure of one's family life and oneself whether it is true or not truly does not make it appealing for people to flock to this type of public servant path.
Actually, what Lee does and continues to do is extremely valuable and important to the community. We do not have enough people who are willing to devote so much time as well as speak in public and fells comfortable in doing it. Lee not only attends all the board meetings and school meetings, he also helps residents with their issues and directs them in hopefully solving the issues at hand.
Valuable!
If you are offended by the label "gadfly", consider that you and your friends have referred to our elected officials as: "whores", "a$$holes", "bastards", "liars", "crooks", "thieves", "rump ranger", "drunken sailors", "Nazis", and more. Despite your call for fairness, your rants are extremely bias and often misleading. I don't think that you have done much to be proud of, and you have in no way contributed to the welfare of this community. The last thing Lancaster needs is a politician like you! People want leaders with courage and integrity, and you have shown little of either.
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