The Batavia Town Planning Board on Tuesday night advanced a pair of projects – one industrial and the other residential – to the public hearing stage next month.

Planners lined up in favor of a 4,000-square-foot boiler room expansion at HP Hood LLC, 5140 Ag Park Drive West, an endeavor that will give the food processing facility greater capacity as business increases.

Kevin Moyer, the company’s project engineer manager, and Scott Blair, construction project manager for Design Group out of Concord, N.H., addressed the board during the site plan review.

Moyer said the addition will be adjacent to the existing boiler room with a roll-up door at the front.

Construction specifications are consistent with the rest of the building, Blair added.

 “(The project) is redundancy more than anything else,” Moyer said, noting that putting in a third boiler gives the facility a spare during times of inspection and the expansion provides room for a fourth in the future.

The request, which the board said does not pose any significant adverse environmental impact, will go to the Town Zoning Board of Appeals on Jan. 14 for a public hearing and back to the Town Planning Board the next night.

Planners also set a public hearing for Jan. 15 to consider a special use permit to allow Maren and Matt Holman of 45 Edgewood Drive to operate an appointment-only hair salon as a Home Occupation 1 in a Residential District.

Maren, a licensed cosmetologist for 14 years, and her husband have set up a 200-square-foot room behind the garage of their ranch home for the business.

Planners inquired about the Genesee County Planning Board’s recommendation that a turn-around on the driveway should be included to prevent customers from having to back their vehicles into the street.

Matt Holman said that is their plan but, for the time being, there is a 15-foot wide driveway of asphalt fillings that would act as a turn-around.

Now that she's reached a personal goal, senior guard Ryann Stefaniak has her sights set on leading the Batavia High Lady Devils to a legitimate run at a sectional title.

Stefaniak eclipsed the 1,000-point mark for her varsity career tonight, scoring 22 points in Batavia's 67-28 win over Eastridge. The bucket that put her right at 1,000 came with 5:17 left in the second quarter -- a three-point shot from the left side that gave her 19 points at the time and pushed the Lady Devils' lead to 31-5.

It followed a trio of three-point attempts that missed the mark, and had Stefaniak wondering when it was going to happen.

"I was like c'mon," she said, "but it finally went. It was my time."

The 5-foot-9-inch sharpshooter said reaching the milestone became a goal of hers after watching a couple star teammates score over 1,000 points in their time at BHS.

"After seeing Tiara (Filbert) do it in her junior year (2015) and Maddie McCulley in her senior year (2016), I felt I could do it," she said.

Now, she said she's committed to doing all that she can to help Batavia soar to lofty heights.

"I think we have a great chance to go undefeated the rest of the season and make a long run in the sectionals," she said.

Batavia Coach Marty Hein, who presented a plaque to Stefaniak during a timeout after the defining three-point, said the achievement couldn't happen to a better person.

"Ryann has been on the varsity since eighth grade and to see her grow up to become a nice young lady and the way she has matured as a basketball player makes me very proud," Hein said. "I'm just so glad for her."

Mackenzie Reigle chipped in with 15 points for Batavia, 3-1, while Bryn Wormley and Emma Krolczyk each had eight and Meghan Houseknecht seven.

Batavia High girls basketball standout Ryann Stefaniak, receiving a plaque from Coach Marty Hein and celebrating afterward with teammates, from left, Emma Krolczyk, Mackenzie Reigle, Bryn Wormley and Jenae Colkey, scored the 1,000th point of her varsity career tonight in the Lady Devils' 67-28 victory over visiting Eastridge. In photo at top, the crowd goes wild after Stefaniak's three-point basket at the 5:17 mark of the second quarter.

Press release:

What do Gettysburg and Charles Dickens have in common? In 1868, both were "cleaning up." One from the devastation of the famous battle, while the other was raking in cash doing a tour of America in which he read and performed his famous work, "A Christmas Carol."

This Friday night, Dec. 21, the GCC History Club will call on Buffalo Meteorologist Mike Randall to summon the spirits of Jacob Marley and the ghosts of Christmas past, present and future as he performs "A Christmas Carol" in the guise of Charles Dickens.

Randall's critically acclaimed performance represents the major fundraiser of the year for the GCC History Club, which hopes to raise enough to go on its annual trip to Gettysburg, Pa.

This educational trip takes students to the famous battlefield, where they walk the field and learn the lesser-known details of the battle. In past years, students have also made day trips to places like Washington, D.C., and Monticello, Va. This year they hope to make a trip into Philadelphia.

For many students, the History Club trip is a life-changing experience. For Bobby Washington, a GCC alumnus, former president of the Club and now Social Studies Education major at the SUNY College at Brockport, the trip was a high point of his time at GCC. A native of New York City, Washington had seen little outside the city before coming to Western New York.

The Club and the trips "helped me progress as a person and armed me with new knowledge," Washington said. "You don't know what you don't know until you have an opportunity to see these important places. And one of the things the history club taught me was if opportunity knocks, let it in."

Tickets are still available for the Friday 7 p.m. performance at the Stuart Steiner Theater. To reserve or purchase tickets in advance call (585) 343-0055, ext. 6270, and ask for Marie Kochmanski or Michelle Forster at ext. 6312. Tickets are $15 each presale or $20 at the door. All tickets are general admission, so arrive early for the best seats.

Press release:

Batavia Downs Gaming & Hotel has announced the lineup for their late winter and spring indoor tribute shows, with one concert each month featuring music from great artists.

The Paddock Room will play host to ZBTB, based out of Rochester. ZBTB is the nation’s premier Zac Brown Tribute Band. The band captures the true Zac Brown experience. They will play on Saturday, Jan. 19^th.

Friday, Feb. 8^th is the date for the Soul Brothers – a Blues Brothers Tribute from London, Ontario, Canada. Real-life brothers Chris and Geoff Dahl have been performing as the iconic duo for 25 years. The show features songs from the Blues Brothers, James Brown, Ray Charles, the Righteous Brothers, Sam and Dave and more!

Next up, on Saturday, March 23^rd, Batavia Downs welcomes Music of the Stars – A  Tribute to Eight Internationally Famous Artists Such as Neil Diamond, Tom Jones, Elton John, Paul McCartney, The Bee Gees, Roy Orbison, Gary Puckett and Elvis. Music of the Stars has achieved a reputation of excellence, owing to its committed and talented team members and mentors.

21 Gun Salute –  AC/DC Tribute takes the stage on Saturday, April 6^th. 21 GUN SALUTE is undoubtedly one of the premiere AC/DC reviews ever assembled. The band plays true homage to AC/DC’s high voltage rock 'n' roll. Every detail has been painstakingly reproduced, from the Hell’s Bell stage props to Angus Young’s schoolboy outfit and signature live antics and lead singer’s dead-on vocal rendition of both Bon Scott and Brian Johnson.

$10 General Admission tickets went on sale at www.BataviaConcerts.com for each show today, Dec. 18^th. Each ticket is redeemable on the gaming floor the day of the concert or the next day for $10 in Free Play. Tickets can also be purchased in person at Batavia Downs Gaming & Hotel at their “Lucky Treasures” Gift Shop located in the lobby. Seating availability varies for each concert, full details are available on the website.

“Following the success of our fall tribute shows, including several sellouts, we are excited to continue booking these events to entertain our guests,” said Henry Wojtaszek, CEO/president at Batavia Downs Gaming.

“With ticket prices again set at a reasonable $10, getting $10 back in Free Play, we’re trying to make sure everyone can enjoy these great tribute shows and visit our newly renovated facility.”

About Batavia Downs/WROTB

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia. WROTB owns and operates 29 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western Region OTB has generated more than $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

An accident with injuries is reported on West Main Street Road, east of Wortendyke Road, Batavia.

East Pembroke fire and Mercy EMS responding.

UPDATE 4:19 p.m.: East Pembroke assignment is back in service.

Terry Thompson and Becky Marsh, of Mercy Flight/Mercy EMS, talk about a career as a paramedic to a group of 10th-graders from throughout the region as part of the 10th Grade Career Day at Genesee Community College, sponsored by Batavia and Mount Morris CTE.

Throughout the morning, students rotated among a couple of dozen classrooms led by speakers from the local community representing various career fields including environmental science, cosmetology, educational administration, media and communications, the military, border protection, and nursing, among other fields.

More than 450 students from GLOW along with Steuben County participated.

Chris Suozzi, vice president of business development, Genesee County Economic Development Center, was the keynote speaker to kick things off in the morning.

The Attica Blue Devils beat the Oakfield-Alabama Hornets in a game played at O-A on Monday night, 58-48.

Travis Wiedrich scored 17 points for the Hornets and Joey Bordick scored 13.

For Attica, Devon Henderson scored 18 points. Frankie Bisceglie scored 14.

CORRECTION: In our story on the upcoming Lions' Tournament, we incorrectly referred to Coach Ryan Stehlar as a first-year coach. He is in his sixth year coaching the Hornets. We apologize for the error.

To purchase prints, click here.

AP: Federal court says NY ban on nunchucks unconstitutional

An ambulance is requested to Swan and Ellicott for a subject with stab wounds.

Police are on scene.

A few minutes before there was a reported of an individual saying he was going to kill somebody and an officer was chasing a black male, bald, in a blue jacket.

Multiple police units are in the area.

UPDATE 12:04 a.m.: One person is in custody.

UPDATE 1 a.m.: The apparent stabbing victim left the scene with another individual while police chased a person they believe was the suspect in the stabbing. The possible suspect ran through the neighborhood but managed to return to the residence where the alleged stabbing took place and went into the basement. He was then spotted crawling out of a basement window (see second picture) and taken into custody. He has not yet been charged with a crime because the alleged victim was not available to interview by the time he was taken into custody. He was taken back to the station for questioning. The stabbing victim, as of 12:30 a.m., hadn't shown up at UMMC but he may be from Rochester and may have tried going to a Rochester-area hospital. There's no information available on how serious the wounds might be. There were no other suspects, no other people taken into custody, and no other injuries reported either to civilians or police.

A retired Army general who was born in Batavia, attended Notre Dame High School, and was nominated by the late Rep. Barber Conable to attend West Point, has been accused by his grown daughter of sexual abuse that started when she was a toddler and continued into her high school years.

The Army attempted to court-martial Maj. Gen. James J. Grazioplene, 69, who retired in 2005, last year. But a judge ruled the statute of limitations had run out under the Uniform Code of Military Justice, even though there was otherwise enough evidence to prosecute Grazioplene.

While Grazioplene avoided a court-martial, civilian authorities took up the investigation and Grazioplene was arrested Dec. 7 following an indictment by a grand jury in Prince William County, Va., on multiple counts of rape and incest.

Jennifer M. Elmore, 47, a Virginia resident, told the Washington Post, which broke the story, her earliest memory of sexual abuse was when she was 3 years old and at her grandmother's house in Le Roy.

The military's investigation focused on events from 1983 to 1989. Virginia authorities concentrated on events in 1988 and 1989, when the family lived in Woodbridge, Va., where Elmore attended high school in her junior year.

According to the Post, Grazioplene has denied the charges, telling a reporter in September, “The charges are false and incorrect." Grazioplene and his attorney have declined to comment on the case otherwise.

Like many news organizations, the Post does not typically reveal the names of victims in sexual crimes but Elmore told the Post she wanted to go public.

According to the Post, reporters interviewed Elmore, other family members, including Grazioplene 's sister, coworkers, and reviewed letters, all of which corroborated some of Elmore's version of events.

Elmore said she's been estranged from her parents for years and her parents have tried to bridge the gap. She decided to tell the military about the alleged abuse in 2015 after a phone call where her parents apparently again tried to talk her into being part of the family again and her father said, according to Elmore, that “the only thing worse that I could have done to you is murder you.”

Grazioplene was nominated to West Point by Conable in 1967. He received a Bachelor of Science degree from the academy in 1971. His LinkedIn profile says he is currently CEO at Mission Readiness LLC. He's also worked for Total Life Cycle Support and DynCorp. International.

Press release:

Members of the Byron-Bergen Central School District’s learning community can always be counted on to provide assistance to neighbors in need during the holidays. For many years, district students, teachers, staff, and administrators have worked together with local partners to make the season happier for everyone in the Byron-Bergen area. This year’s Holiday Community Service program collected toys and games, clothing items, rolls of wrapping paper, boxes for wrapping gifts, and over 2,000 non-perishable food items. In addition, close to $4,000 was donated by the faculty, staff, and others in our learning community to purchase gifts for district families in need. Many area businesses also helped out by “adopting” local families and individuals, providing special holiday gifts.

The District partnered with the local Hesperus Lodge No. 837 Free & Accepted Masons, where donated food items were taken for sorting and packing. Organized by Dick Sands, Carol and David Coffta, and the Masons; employees from both the Byron-Bergen Elementary and Jr./Sr. High Schools, Board of Education members, and community volunteers pitched in to help. More school volunteers helped to deliver over 100 food baskets and gifts before the holidays.

“The magic of this special season is the community spirit it inspires in so many of us,” said District Superintendent Mickey Edwards. “I am so proud of the generosity shown by all of the members of our learning community.”

A big part of the program’s success this year was the contribution made by the Varsity Club Holiday Food Drive. Student-athletes from the high school pulled together to collect more than 950 food items—a record amount. The food drive was organized by Varsity Club student officers, combined with hard work provided by the girls and boys basketball teams and the swim team. Team members pooled their competitive spirit to make the challenge more fun: it became a contest, won by the girls basketball team who collected almost 400 items. Varsity team members from all three seasons of sports at Byron-Bergen perform community service throughout the school year, with projects like the annual Lift-a-thon, the Retro Apparel Sale, and the spring Blood Drive. 

Top photo: Volunteers from the Byron-Bergen learning community packed over 100 food baskets and delivered them during the weekend of December 15. 

Students in Ann Marie Starowitz's class at St. Joe's performed a Christmas story play today for the third week of Advent that included students narrating the story of the birth of Jesus and singing Christmas songs for their fellow students.

Photos by Howard Owens. Bottom photo by Ann Marie Starowitz.

Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Frens was in court this morning wearing eyeglasses, a bright purple jacket, black cargo pants, black boots, and when her name was called, she stood unsmiling before Batavia Town Court Judge Michael Cleveland. An associate from the law firm of Friedman & Ranzenhofer, attorney Samuel Alba, accompanied her to the bench.

The prosecution requested and was granted a postponement in the dog neglect case so they could interview an animal control officer. Thus, it's now on the Batavia Town Court calendar for 1 p.m. on Monday, Jan. 28.

Previously, on Oct. 22, the matter was held over so Frens could provide more documentation, ostensibly of her efforts to aid the 3-year-old Labrador retriever mixed breed prior to her arrest by State Police on July 10.

Maya was found by Frens' neighbors across the street from her Pearl Street Road home on July 9. They called the law after discovering the canine standing feebly by the roadside. The neighbors said the dog was extremely dehydrated and malnourished; it drank four bottles of water and ate multiple bowls of food right away. They said the dog's paws were in such bad shape it could barely walk.

Frens, who is in her mid-50s, went to retrieve the animal from the shelter the following day but was arrested instead (mugshot, inset photo). 

Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and uncut nails so long they were cutting into the pads of her paws.

Maya's very poor physical condition was caused by neglect, according to Volunteers for Animals, citing veterinary reports.

Maya was adopted a couple of months ago after vets and the volunteers got her health back on track.

Antwan L. Odom is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Aug. 4 in the area of Ross Street in the City of Batavia that Odom -- with intent to cause serious physical injury to another person -- caused such injury by means of a dangerous instrument -- a knife. In count two, Odom is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a "dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or other dangerous instrument with intent to use the same unlawfully against another."

Michael D. Kopyscianski is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 19 in the Town of Darien that Kopyscianski possessed lysergic acid diethylamide (LSD -- a hallucinogenic drug) with intent to sell it. In counts two and three, respectively, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing alprazolam (the generic of Xanax) and suboxone (treats opioid addiction). In Special Information filed by the District Attorney's Office, Kopyscianski is accused of having been convicted of criminal possession of a controlled substance, 7th, on Jan. 3, 2013, in the City of Saratoga Springs Court and also on May 6, 2005, in City of Newburgh Court.

Jeffrey A. Youngs is indicted for driving while in intoxicated, as a Class E felony. It is alleged that on Oct. 27 Youngs drove a 2003 Toyota on Route 98/Oak Street in the Town and City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In count three, he is accused of the offense of driving across official markings -- a vehicle and traffic violation. In count four, Youngs is accused of consumption or possession of an alcoholic beverage in a motor vehicle on Oct. 27. In Special Information filed by the District Attorney's Office, Youngs is accused of having been convicted by DWI as a misdemeanor on June 12, 2017, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Josh J. Peterman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 28 in the Town of Darien that Peterman drove a 1998 Honda on Park Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In Special Information filed by the District Attorney's Office, Peterman is accused of having been convicted of DWI, per se, as a misdemeanor on June 28, 2012, in City of Binghampton Court and that convicted was within 10 years of the crimes alleged in the current indictment.

A police officer did not violate the rights of a sex offender when he sent a text message to the suspect's mobile phone upon his arrest to confirm the defendant had used the phone to exchange messages with his victim, and unknowingly, with police, an NYS appeals court has ruled.

Patrick M. Hackett, 44 at the time of his arrest, was accused in May 2013 of having sexual intercourse with a teenage girl in Batavia. He was later indicted on a single count of rape, 3rd, for being more than 21 years old and having sexual intercourse with a partner who was less than 17 years of age.

Hacket was convicted by a jury Nov. 13, 2014, and later appealed the use of his text messages as evidence against him, which was instrumental in his conviction.

"Although there is a lack of medical, scientific, or other physical evidence of the crime, the jury saw incriminating text messages from (the) defendant to the victim in which he admitted that he engaged in sexual intercourse with her and professed his love to her," the justices of the Appellate Division, Fourth Judicial Department, wrote in their decision. "In addition, (the) defendant’s trial testimony in which he denied having sexual intercourse with the victim was not credible inasmuch as he provided the jury with improbable explanations for the incriminating text messages."

The charge against Hackett arose after his victim reported the sexual intercourse to police. She cooperated in the investigation and agreed to send Hackett a text message. Once he responded, a police officer used her phone to exchange a series of text messages with Hacket.

When the officer arrested Hackett, the officer used his mobile phone to send a text message to Hackett's phone. Hackett's phone either vibrated or made a noise and the officer could observe that his text message had arrived at the phone. At that time, the officer did not open the phone and view the text messages. A search warrant was later obtained.

In his appeal, Hackett said the text messages should not have been admissible at trial because the officer's actions at the time of arrest, he said, constituted an illegal search and seizure.

Hackett's appeal relied on a 2014 case, Riley v. California. Riley, a Supreme Court ruling, determined that a search warrant, based on probable cause, is required for police to search a suspect's mobile phone.

The appeals court ruled that the Riley case does not prohibit officers from sending text messages to the defendant and making observations of the defendant's phone and that the court in Riley found that officers can observe physical aspects of the phone.

Further, the text message sent by the officer was not part of the police officer's application later for a warrant to search the phone and there was sufficient probable cause to obtain the warrant.

The court also ruled that Hackett received competent representation from his defense attorney at trial, who was successful in suppressing some evidence the prosecution tried to enter into the record.

It also did not violate Hackett's right to a fair trial by allowing testimony about Hackett providing his victim with alcohol prior to their sexual contact, even though he was not indicted on that "bad act." The court ruled the incident helped complete the narrative of events leading up to the crime on the night in question. The court ruled the exclusion of this information would not have changed the outcome of the trial given the overwhelming evidence of Hackett's guilt. Testimony about the drinking, the court ruled, was "harmless."

At the time of his arrest, Hackett was already a registered sex offender. He was convicted in 1993 in Cattaraugus County of kidnapping and rape in the first degree.

On his local conviction, he was sentenced to three and a half year to four years in prison. He is scheduled to be released in November.

Debra Lynn Mattoon, 39, of Batavia-Oakfield Townline Road, Oakfield, is charged with fourth-degree grand larceny, petit larceny and third-degree identity theft. On Dec. 15, following the investigation into a larceny that occured in the City of Batavia at 2:15 p.m. on Dec. 3, Mattoon was arrested on the charges. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. She is due back in city court on Dec. 21. The case was handled by Batavia Police Officer Kevin Forsyth.

Jacob Joseph Camerera, 27, of North Street, Batavia, is charged with criminal possession of stolen property, 4th, after he was allegedly found in possession of a firearm at 8:45 a.m. on Nov. 19 which had previously been reported stolen. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Chad Minuto.

Joseph A. Ciociola Jr., 20, of Pembroke, was arrested at 9:56 a.m. on Dec. 5 by troopers out of SP Batavia and charged with: criminal possession of a weapon, 4th; unlawful possession of marijuana; and possession of a loaded firearm in a motor vehicle; he was also cited with vehicle and traffic violations. Troopers stopped Ciociola on Akron Road in the Town of Pembroke for speeding. While interviewing Ciociola the odor of marijuana was allegedly present. During a probable-cause search of his vehicle, Ciociola was allegedly found to be in possession of marijuana, brass/metal knuckles, and two loaded and chambered firearms. Ciociola was issued appearance tickets and he is scheduled to appear before the Town of Pembroke Court later this month. 

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with two counts of criminal contempt in the first degree. He was arrested on Ellicott Street in Batavia at 3:30 p.m. on Dec. 12 for allegedly violating an order of protection on two different occasions. He was arraigned and jailed without bail and was due in Batavia City Court on Dec. 13. The case was handled by Batavia PoliceOfficer Peter Flanagan, assisted by Sgt. Eric Bolles.

John Albert Snook, 30, of Oak Orchard Road, Albion, is charged with first-degree criminal contempt and unlawful possession of marijuana. At 2:20 a.m. on Dec. 15, Batavia police responded to a Jackson Street apartment for a 9-1-1 hangup call. While on scene, patrols discovered that Snook was on location in violation of a stay-away order of protection; he was also allegedly found to be in possession of marijuana. Snook was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 17). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.