Accessibility issues with East Aurora bank development stir debate

Feb. 24--When a developer asked for permission to leave an elevator out of his plan to convert an old bank building into a two-story event space in East Aurora, thus making it inaccessible for some people with disabilities, only one member of the Village Board said no.

It's no coincidence that the trustee uses a wheelchair.

"I could care less about me personally being able to use the Bank," said Paul Porter III, 32, the lone dissenting vote. "It's the people in the future who are in a wheelchair, and it will impact older adults."

Porter, who has used a wheelchair for most of his adult life, has Friedreich's ataxia, a rare form of muscular dystrophy that saps muscle strength and impairs speech.

His vote was over a revised plan to transform the historic Main Street bank into a wedding venue with a rooftop lounge, mezzanine, ground-floor seating and B&B lodging. Original plans called for an elevator, but consultants found the installation cost -- estimated between $340,000 and $509,500 -- was more than 20% the cost of the entire project, the threshold established by federal and state law to qualify for a waiver under the Americans with Disabilities Act of 1990.

That law ensures that people with disabilities have access to all public and private facilities open to the general public.

Developer Todd Stine agreed that under his revised plan, the roof, mezzanine and downstairs lodging would not be accessible. But he said the building's first floor is accessible and includes every form of service the venue offers.

Jennifer Perry, access specialist at Cornell University's Northeast ADA Center, pointed out that an elevator is required in newly constructed buildings more than three stories tall.

"In the case of an existing building undergoing alteration, if there is no vertical access and you're altering the primary function area, you are obligated to provide an accessible path of travel up to 20% of the existing alterations," said Perry.

David R. Ciurzynski was hired by the village to evaluate the costs associated with installing an elevator. He agreed with the request for a waiver.

"With the level of quality involved in the restoration and the East Aurora guidelines for historic consistency on the streetscape, what Mr. Stine has proposed for an elevator is beautiful and would complement the building wonderfully. Unfortunately, the cost is prohibitive because of the amount of work involved in it," Ciurzynski said.

The revised site plan will be the subject of a public hearing at 7 p.m.March 16.

Some residents already have weighed in.

"I don't know how many bids have gone out, but if it's only two, I don't think it's an accurate representation. If you can get one for $200,000, it would qualify. I think that should be considered," said Linda Ulrich-Hagner, an East Aurora resident, told the board during a recent meeting.

Jesse Griffis, who chairs the village Tree Board, said he does not recall accessibility issues coming up with projects pitched in the village.

"People are much more concerned with aesthetics, traffic and parking. Those are the kinds of things that drive people in East Aurora," Griffis said.

The board approved a variance to waive the elevator after a debate. Trustee Marcia Kimmel-Hurt, described the vote as one of the "most painful decisions we ever had to make as a board."

"Nothing in the village code addresses elevators. I would like to work with [Mr. Porter] to see if there is a way we could amend our new zoning code, which was changed in 2019," said Kimmel-Hurt.

Porter agreed. He said he also realized that if the variance had been denied, it would have made the village vulnerable to a lawsuit.

He said one solution is to amend village code so that in the future if a developer wants to change the purpose of an existing building, the village will treat that building as a new building.

"I don't believe on giving up on anything," he said. "I think that this would be a horrible precedent to set, that we allow a developer to come in with a plan we approve only to have him drastically change the plan midway through the project."

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