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Downtown business owners lose patience and patients, hoping solutions are soon

By Joanne Beck
handicap sidewalk at Canzoneri
A portion of this handicap sidewalk with railing at Dr. Joseph Canzoneri's office is to be removed as part of the new city police station construction, staff says, prompting the doctor to seek out a new temporary space for the next two years.
Photo by Joanne Beck 

John and Debbie Konieczny have been frequent fliers in the downtown medical community for the last twenty years, getting their dental, podiatry and chiropractic needs met there. 

With physical challenges — he has ulcers on the bottom of his 68-year-old feet, and she has had two knee replacements, and both use canes to walk — they are now biding their time that adjacent handicapped parking will be restored next to their doctors’ offices.

“You can’t find parking on Washington, or if you do, you have to climb up the curb to get in, and it’s not safe when the grass is wet. We don’t know what the next step is, if he’s gonna have to be put in a wheelchair, if that’s the case, we won’t be coming,” Mrs. Konieczny, 72, said Monday while waiting for her appointment at Dr. Thomas Mazurkiewicz’s office at 184 Washington Ave. “I’m not making any decision because I know we both need his service, and my dentist is right next door. So there’s got to be something that can be done. They haven’t even broke ground yet, and they’ve got it all fenced off.”

She suggested that the city should have just taken the JC Penney building for a new police facility. However, that site was purchased quite awhile ago by a West Coast developer. According to consultant studies, the current police station at 10 W. Main St. has already been deemed too costly and awkward to retrofit for a police station that would work for all of the city’s needs. 

She said Mr. Konieczny cannot get to Canzoneri’s office, though, given his issues, he cannot afford to stop seeking medical care.

To be clear, it was fairly easy to walk to Canzoneri’s office on Monday. But there is to be a fence installed right up to the sidewalk, and a portion of the walkway removed as construction progresses, staff said. At that point, no one will have a path for getting into the office as there is no second entrance, and the sidewalk from State Street has uneven blocks of the walk and a hill from the street up toward a more level portion, which will make it difficult for people with canes, crutches and wheelchairs, staff said.

Canzoneri posted a notice on his building door and sent out a press release Monday that stated his business, Advanced Podiatry Associates, is making every effort to accommodate patients during the construction of the city police station. The doctor is currently attempting to secure a new temporary location for his practice with plenty of handicap accessibility and ample parking for the next two years.

Meanwhile, a staff member said there have been several cancellations—about 15 a day—since construction and a lack of nearby parking began three weeks ago. 

Mazurkiewicz’s office staff said his practice lost 10 to 15 patients in that same period, in addition to having more “no-shows.”

Next door is dentist Dr. Adam Gregor, who has been in the space since February 2022. He has a solid clientele of 3,000 people who have remained with him, though frustrated and late for appointments at times, he said. 

“I think to a certain extent, I don't think I've dealt with the same hardships as some other businesses here. I haven't had patients that have had to cancel their appointments that I'm aware of. I think for the most part, some patients are coming in late, understandably so. But for the most part, the patients I have scheduled, I still am able to see them. It's just sometimes they're late. Oftentimes, they're frustrated. But we're getting through it.

I think most of us, as business owners, are on the same page. We're not trying to hang up this project, or delay this project, or stop the project, it's just a matter of, what was presented to us originally, is different than the current situation. If we had been aware of what the true situation would have been, I think we would have been able to give some input or try to prevent some of these problems from developing. So, mainly, it's just a patient safety issue. It's one thing for a healthy patient to make a little extended walk, but for these patients that need handicapped parking or have difficulty with mobility, those are the people we're trying to look out for the most.”

Business owners have met with city management and council members, and Gregor said he thinks “they are aware of our concerns.” He said that the owners have been vocal and issued a petition to garner support from patients and the public, which has at least 300 signatures. But now it seems to be a matter of timing.

“I think they understand how serious of a concern it can be, I think they are listening. It’s just a matter of these measures: how fast can we implement them? Like, we needed them yesterday,” he said. “So that’s the thing: we don’t know how long or what kind of timetable we’re looking at.”

The Batavian reached out to City Manager Rachael Tabelski for an update on the situation and to respond to a business owner’s contention that more parking spots were being removed in the Alva and Bank lot Monday morning. 

“The fence has not moved today,” Tabelski said. “Updates in the next few days with parking accommodations.”

Area next to Millennium Computer being dug up

A patch of grass was being dug up alongside a sidewalk on the south side of the Washington Avenue buildings. Marc Johnson of Millennium Computer had previously offered use of his grassy property for a parking area, and Tabelski seemed to favor the idea. However, nothing official has been announced about that idea.

The bottom line for Gregor and Mazurkiewicz was to restore the first row of parking alongside the parking lot side of Washington Avenue businesses for handicapped parking. Other solutions that still put patients on Washington Avenue aren’t free from issues, such as what Kate, a paraplegic who didn’t want her last name used, deals with on a regular basis.

Kate goes to Mazurkiewicz in her modified truck with a door that opens up like a Lamborghini. 

“And I usually require a handicap spot with the crosshatch lines. Well, of course, the Jerome Center doesn't have those handicapped ones; they only just have handicapped spots. That's it. So how the hell am I supposed to get out of my truck?" she said. "So now I’ve got to drive around trying to find an end spot to get out of my truck, then I have to take my button, go all the way around to my appointment, not to mention right in the middle of trying to get on the sidewalk. There's huge, ginormous stones. So I had to go over those, and one almost got in my tire and stuck in it."

Parking on the street would mean opening that big door onto the street side, she said. And she’s apprehensive about the way people drive while she’d attempt getting in and out of her vehicle if parked on Washington.

“Not on this street. Absolutely not. I wouldn't trust it in a heartbeat,” she said. “People are not paying attention like some of them run through (the stop sign) or just texting and driving or yelling at a kid or something. They're not paying attention.”

She is used to some inconveniences, such as ignorance about giving her vehicle adequate space and respecting handicap rules, and isn’t sure how this whole thing will shake out over the next 18 months.

“That's another thing I hate about people with those stickers because they're taken away from us. Like, it's just not fair. And then I have a thing on my door that says, I have a modified vehicle, you know, park at least 15 feet away. Nobody reads it. And just ignorance. So, like I said, I don't think there's a solution to this,” she said. “And I don't know how long it's gonna take, but I mean, it's definitely like I had to come, I don't know, 25 minutes earlier to this appointment. Usually, I'm in and out in five minutes.”

Beyond the city’s support, another group — the downtown Business Improvement District — has been oddly quiet, some city business owners, including former BID President Paul Marchese said. 

All of the businesses involved in this issue pay BID property taxes and are members of the nonprofit group. Marchese emailed 33 BID members, encouraging them to unite and send a message to the city that what’s happening to those dozen businesses is not right and should be resolved.

A member of the Batavia Town Planning Board, Marchese is familiar with how state environmental quality reviews (SEQR) happen, and believes that perhaps this project didn’t merit a negative declaration, which means there would be no negative impact on the surrounding area and entities due to the project. 

The city filed a negative SEQR. “This is as far from that as possible. We would like SEQRA reopened, and the declaration changed to a positive one. We also request the fencing be removed and replaced with the one shown originally to all affected that provided them with parking in the lot of their respective businesses,” he said.

He also wanted to make clear that “we also resolve we are in full support of the police and all other emergency workers” as opposed to statements made by city leaders implying otherwise. He implored BID members to take a stand and have a voice instead of remaining silent in the face of the ongoing battle between those 12 businesses and city management.

Marchese was not certain who the current BID president was. The Batavian contacted BID Executive Director Shannon Maute for a current list of board members and president and asked if BID was going to respond to the parking issue. She did not return the phone call or email a response as requested.

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