In June of 2008, Dave Mongielo, owner of Mongielo’s Auto Specialties, contacted Marc Smith, the Town of Lockport Supervisor, requesting permission to display fundraiser event information on the business’ LED sign installed on the signpost in front of the shop.  Dave understood that town law stated that any sign capable of changing its format or message may not change any more than once every 10 minutes under Town Law

Section 200-17B.  The request was refused with no explanation.   So the way the law reads its legal to play video on the sign.   Not the case the town says. The town chooses to interpret the way they want.

Earlier in 2008, when Mr. Mongielo wanted to move his sign from the previous location of the shop on Transit Rd in the Town of Pendleton where it had been working for over a year, to the current business address around the corner, 6115 Robinson Road Town of Lockport, he was told by a Town Building Inspector that he would need to file an area variance to get the LED sign installed.    Dave got the area variance.  However, when he appeared in front of the Town Board, he was informed that he now would need to obtain a use variance.  The area variance was not sufficient.  This was more than a little confusing considering the contradictory example of Walgreens that was approved recently using an area variance for their led sign.

Rather than help a local small business owner who is trying to adhere to the law, operate a profitable business, and provide a service by using his sign to display community interest information in addition to shop advertisement, Dave was faced with a hostile and adversarial environment at the Zoning Board of Appeals meeting.  Dan Seaman, the Town of Lockport attorney constantly reminded the board members that under no circumstances could Dave get approval for this sign.  While Dave was presenting his case regarding the capability and safety of LED signs, Mr. Seaman was disruptive, rudely tapping his foot on the floor, making noises and audible remarks under his breath such that everyone in attendance took notice.  Considering the childish display and obvious negativity, Mr. Mongielo exercised his right and requested that the decision be tabled indefinitely until he could obtain counsel.  The Town agreed and sent Dave the approval in writing the following week for the indefinite postponement.  At the following month’s scheduled meeting, the Town unjustly called a vote on the decision and voted it down.  The indefinite postponement was not honored.

Mr. Mongielo has obtained an attorney.  The attorney says that the area variance is the proper filing for this sign.  Given only a single day notice before the Town meeting Dave’s attorney received word that the town would not allow an area variance application.  The large chain store, Walgreens, was given an area variance for their sign.  This is wrong.  Dave has incurred costs of approximately $20,000 in this fight to not only help his business but the community too.  How much has the Town spent using taxpayer money to unjustly block Dave’s sincere attempt to better his business and his community.