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Action taken on safety after fatal crash into restaurant
Updated: September 27, 2011, 9:32 AM
The Amherst Town Board unanimously approved the process Monday to begin modifying the town’s site plan regulations and require safety barriers in front of new restaurants and other places of assembly constructed in the town.
The measure, introduced by Deputy Supervisor Guy R. Marlette during a work session, is in response to recent crashes in the area in which motorists drove into buildings, either killing or injuring patrons and employees inside.
“There was quite a bit of conversation going back and forth between the board members and the building commissioner, the director of planning,” Marlette said after the board’s regular business meeting Monday evening.
“But at the end of the day, we all agreed that it’s something that should go back to planning so that they can . . . modify some of the site plan regulations and come up with a set of criteria for new construction that would, in certain circumstances, require bollards or a similar type of protective device.”
On Sept. 17, a motorist crashed through the front of the popular Cheeburger Cheeburger restaurant on Niagara Falls Boulevard in the town, killing a Wilson couple, Joseph Bennett, 56, and his wife, Katheryn, 52, as they were eating dinner with their 13-year-old son, who was injured. A waitress in the restaurant also was hurt.
At least five similar crashes have occurred in Western New York, including Cheektowaga and Kenmore, in the last couple of weeks.
Marlette said the Planning Department will recommend some site plan modifications for newly constructed buildings to the Town Board, which will set a public hearing date within the next 60 to 90 days. After a public hearing, the board will vote on the measure.
In another matter Monday, the board approved a local law regulating pit fires. It requires that all open burning be not less than 90 feet from a residence, occupied building or other housing unit unless the owner or occupant of the building is on the premises.
The law does not restrict fires in approved containers, such as barbecue grills.
Comments
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It was explained to me that this has become more of an issue in past years because of the lack of curbs being put in on new construction. It makes it easier to comply with ADA regulations that way. The CheeBurger building was built maybe 5 years ago. I also heard that Amherst had been looking into changing the building codes 3 months ago, but this wouldn't have affected this accident because it was not new construction.
It's time to take action before anyone else gets hurt, or seriously injured. Put the barriers up and be done with it. There are no businesses that I know of who go through this once and then don't want to put up the barriers.
The cost of rebuilding alone is substantial. And, in this case, the loss of human life is heartbreaking.
We can't prevent all accidents, but we can prevent the consequences of people's stupid driving behavior. We need to erect barriers, and pass tougher laws, so that people who do drive through a store or restaurant and kill or injure someone can be held accountable for their actions.
The cost of rebuilding alone is substantial. And, in this case, the loss of human life is heartbreaking.
We can't prevent all accidents, but we can prevent the consequences of people's stupid driving behavior. We need to erect barriers, and pass tougher laws, so that people who do drive through a store or restaurant and kill or injure someone can be held accountable for their actions.
LOUIS CIOLA, SNYDER, NY on Tue Sep 27, 2011 at 05:45 PM
It's about time Amherst is trying to solve the epidemic of people starting pit fires in backyards that aren't their own. It's good to see politicians do something useful for a change........
STEVE JOSA, TONAWANDA, NY on Tue Sep 27, 2011 at 04:02 PM
I don't understand the last paragraph. Does this mean I can still use my firepit less than 90 feet from the house as long as I am actually there?
DAVID HEMMER, EAST AMHERST, NY on Tue Sep 27, 2011 at 01:35 PM
A look at the past shows the problem...all of the early shopping malls had parking separated from the businesses by a roadway and the cars parked parallel to and on the other side of that roadway. To be sure, folks had the same "thought the gas was the brake" problem, but the damage was confined to cars parked nearby.
Change the parking we have now back to the original configuration and you might have a few less spots, but have a safer seat at the window of these stores!
Change the parking we have now back to the original configuration and you might have a few less spots, but have a safer seat at the window of these stores!
ALEC MACLEOD, BUFFALO, NY on Tue Sep 27, 2011 at 01:34 PM
Force small businesses to construct these barriers out of their own costs, but yet claim that taxing the top 2% of private income earners is a job-killer....
PAT JOHNSON, BUFFALO, NY on Tue Sep 27, 2011 at 01:31 PM
This rush to pass a law every time there is a tragedy is completely out of control.
MICHAEL REBMANN, AMHERST, NY on Tue Sep 27, 2011 at 11:40 AM
Awful quiet on the drivers no charges yet why not? It's not an accident if they had no business driving due to age or some other medical problem that would stop them from being on the road.
JIM GURESKI, HAMBURG, NY on Tue Sep 27, 2011 at 10:49 AM
Why not tese these old farts and see if they are able to drive or not road test after 65 and get these accidents waiting to happen off our roads. Buy he way i am 63 and not afraid to test again.
JIM GURESKI, HAMBURG, NY on Tue Sep 27, 2011 at 10:45 AM
The new regulation covers new restaurants and other places of assembly? That's anywhere there is more than one person at any time, ever. What do we do next install bollards in front of our homes just in case someone loses control of their car driving down the street?
Maybe we should issues full face shield helmets with flip up visors to all people going to restaurants that eat next to an outside wall. Wait, their bodies wouldn't be protected. Maybe body armor could me manditory issue to all patrons. We could force all places of business to install air bags on all outside walls. Perhaps we should line Transit Road with concrete Jersey barriers between the road and sidewalk so that any car that goes off the road will be kept on the roadway and not be able to drive up on a sidewalk and possiby injure someone. Unfortunately this would then create the problem of having that car bounce off the Jersey barrier back into traffic and potentially hitting another car and injuring any people in it. We could add giant rubber bumpers that encircle all vehicles (like the bumper car rides at amusement parks), and require all drivers to have full roll cages installed in their vehicles and make them also wear body armor and full face shield helmets. While we are at it we should outlaw bicycles, all forms of motorized vehicles, all contact sports, anything that could possibly harm us in any way. Go back to the good old days and ride horses and hitch them to a post in front of the local watering hole. Of course we can't do that. What if the horse got loose and tramped someone? My god how did we ever make it this far in life with all the dangers out there to befall us?
Why do I smell a lawyer? Shakespeare was right.
Maybe we should issues full face shield helmets with flip up visors to all people going to restaurants that eat next to an outside wall. Wait, their bodies wouldn't be protected. Maybe body armor could me manditory issue to all patrons. We could force all places of business to install air bags on all outside walls. Perhaps we should line Transit Road with concrete Jersey barriers between the road and sidewalk so that any car that goes off the road will be kept on the roadway and not be able to drive up on a sidewalk and possiby injure someone. Unfortunately this would then create the problem of having that car bounce off the Jersey barrier back into traffic and potentially hitting another car and injuring any people in it. We could add giant rubber bumpers that encircle all vehicles (like the bumper car rides at amusement parks), and require all drivers to have full roll cages installed in their vehicles and make them also wear body armor and full face shield helmets. While we are at it we should outlaw bicycles, all forms of motorized vehicles, all contact sports, anything that could possibly harm us in any way. Go back to the good old days and ride horses and hitch them to a post in front of the local watering hole. Of course we can't do that. What if the horse got loose and tramped someone? My god how did we ever make it this far in life with all the dangers out there to befall us?
Why do I smell a lawyer? Shakespeare was right.
MIKE WALTER, HAMBURG, NY on Tue Sep 27, 2011 at 09:59 AM
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