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Proposed new Tractor Supply off Lewiston Road part of bigger development plans for the area

By Howard B. Owens

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The Town of Batavia Planning Board voted unanimously on Tuesday night to appoint itself the lead agency in the environmental review process for a new Tractor Supply location at 8727 Lewiston Road.

Tractor Supply is planning a 24,000-square-foot building to replace its current store at 4974 East Main Street Road.

Not only will the new location be larger, but Tractor Supply will also own the land and building.  The company leases the current location.

"The main effort is to expand into a larger space and be an all-inclusive store that competes more with The Home Depot, Lowes, and those types of stores," said attorney Ryan McCarthy.

Real Estate broker Tony Mancuso said previously that he has potential tenants already considering the former Tractor Supply location, so it may not go vacant long.

The current location is owned by 1515 Management Company Inc., which appears to be a company based in Iowa with principles living in Boca Raton, Fla.

Tractor Supply is acquiring 5.08 acres, a portion of a 50-acre farm field owned by the Call family and actively farmed by MY-T Acres.  The five acres will be divided into four parcels.

Tractor Supply will occupy a parcel 340 feet from Lewiston Road.  There will be another parcel between that parcel and Lewiston Road.  It's expected that the parcel, zoned commercial, will be developed at some point, as well as the other two parcels being acquired by Tractor Supply, but there are no firm plans for development at this point.

The new location will have 110 parking spaces, which is 10 fewer than required by ordinance, which means Tractor Supply will need to apply for and receive a zoning variance.

McCarthy said Tractor Supply, which operates nationwide, knows the flow of its business well, and the store will not need 110 spaces, which means less land to cover with asphalt.

Plans to convert the farm field into commercial development have been on the books for more than 20 years. As part of the project, Tractor Supply will start construction of a road -- initially a driveway into the new store -- that will eventually connect Lewiston Road to Veterans Memorial Drive on the north side of The Home Depot.

A planning board member asked if it will be necessary to install a traffic light at the new road and Lewiston Road, and Mancuso said, "not yet."  Not until a planned roadway is installed directly opposite the location that will connect Lewiston Road with West Main Street Road.  That vacant land, in the town's Comprehensive Master Plan, is designated for commercial development.

The proposed project will be back before the board in a month when the board will review the environmental impact report.

Law and Order: Jail inmate accused of violating order of protection five times

By Howard B. Owens

John Sumlin, III, 43, of West Main Street Road, Batavia, is charged with five counts of criminal contempt 1st. Sumlin is accused of violating an order of protection by contacting the protected party by telephone while being held in the Genesee County Jail.

Ronnie K. Johnson, 52, no permanent address, is charged with grand larceny 4th and burglary 3rd. Johnson was arrested on a warrant stemming from a criminal complaint reported at 7:15 a.m. Aug. 2 at a location on East Main Street. He was arraigned in City Court and ordered held in the Genesee County Jail. He is also charged with grand larceny 4th and conspiracy 5th, charges that stem from a criminal complaint filed on Aug. 19 at a location on East Main Street.

Nicholas J. Mruczek, 39, of Batavia, is charged with harassment 2nd. On Nov. 6 at 9:45 p.m., Mruczek allegedly physically harassed a woman during a dispute. He was issued an appearance ticket.

Benjamin A. Boyce, 41, of Batavia, is charged with dog running at large. Boyce is accused of allowing his dog to run at large at 8:35 p.m. Oct. 31 on Woodrow Road, Batavia. He was issued an appearance ticket.

William J. Galliford, 62, of Bergen, is charged with failure to appear.  Galliford was arrested on a warrant and arraigned in City Court and released on his own recognizance.

George J. Budzinack, 42, of Rochester, was arrested on a bench warrant after allegedly failing to appear in court as ordered. He was arraigned in City Court and released on his own recognizance.

Johnnie M. Waston, 39, of Dodge Street, Rochester, is charged with endangering the welfare of a child and harassment 2nd. Waston is arrested in connection with a disturbance reported at 7:04 a.m. on Oct. 21 on Shady Lane in the Town of Batavia.

Connor Jenkins Rombault, 25, of West Avenue, Brockport, is charged with DWI, moving from lane unsafely, and speed not reasonable nor prudent. Rombault was stopped at 10:09 p.m. on Nov. 11 on Lake Street Road, Le Roy by Deputy Mason Schultz. Rombault was processed at the Genesee County Jail and issued an appearance ticket.

Morrill sweeps Batavia features Wednesday

By Howard B. Owens

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It was ladies' night for Jim Morrill Jr. at Batavia Downs on Wednesday (Nov. 16) as he swept the girls off their feet in the top two paces for fillies and mares that highlighted the evening of racing at the Genesee County track that operated under “snowglobe” conditions. 

First, he took the $14,000 Open I Handicap with The Stunning Nun N ($3.40) who waited until late to scoop the loot. 

Miley Rose (Drew Monti) struck the point and led the field through quarters of :28.3 and :57.3 before heading up the backside on the second circuit. It was there an outer flow formed with Tuapeka Jessie N (John Macdonald), Shecouldbegood N (Keith Kash) and The Stunning Nun N all advancing in the breeze. Halfway through the last turn, Shecouldbegood N tipped three deep and at the top of the stretch, The Stunning Nun N swept four wide into the straight. Then under a line drive by Morrill, The Stunning Nun N made up her 2-½ length deficit and then pulled ahead by two at the light and won in 1:56.2 over the “good’ rated track. 

With four board hits at Batavia since visiting, it was the second win during that time for The Stunning Nun N who is owned by her trainer Michael Deters in partnership with Joel Warner, John Manning and Barbara Jensen. 

Morrill also won the $13,000 Open II Handicap with JB’s Star Dancer ($4.40) who cut the mile under heavy pressure the second half. 

JB’s Star Dancer was put on the lead and then Morrill throttled down the pace to a meager :59.4 half. That prompted Protect Blue Chip (John Macdonald) to pull first-up and match strides with the leader up the backside to three-quarters and then around the final turn. At the top of the stretch horses were coming from everywhere and spread five wide across the track. But Morrill sat chilly as JB’s Star Dancer held them all off to the end and won by one-half length in 1:57.4. 

It was the third straight win for JB’s Star Dancer, her owner Mike Torcello and her trainer Sammy Smith, who both had two winners on Wednesday. 

Morrill ended the night with a total of four wins himself as he added Culinary Artist (1:58.3, $8.00) and Explosive Leggs (1:59.3, $6.50) to his record. 

Trainer Shawn McDonough and driver Kevin Cummings each got a hat trick during the night.

Live racing resumes at Batavia Downs on Saturday (Nov. 19) at 6 p.m. and there is another carryover available. The Jackpot Hi-5 Pentafecta in the 13th race will start with $4,432 in the pool. Free full past performance race programs for all live race days can be downloaded by visiting the track's website at bataviadownsgaming.com and clicking the "Live Racing" tab and then you watch all the races live on the Batavia Downs YouTube channel.

Photo by Wendy J. Lowery

Heavy snow predicted for Thursday night through Sunday

By Howard B. Owens

A lake-effect snow warning has been issued by the National Weather Service starting at 7 p.m. Thursday and going until 1 p.m. on Sunday.

The Weather Service predicts heavy lake-effect snow with total accumulations of two to three feet in the most persistent bands of snow.

The heaviest snow is expected late Thursday evening through Friday night when snowfall rates could exceed three inches per hour.

Snowfall totals of up to four feet will be possible if the main snow band remains stationary for a longer period of time.

Wind gusts of 35 mph are expected to produce patchy, blowing snow.

The Weather Service warns that travel could be very difficult to impossible. The hazardous conditions will impact the Friday morning and evening commutes.

"Heavy snow will fall in relatively narrow bands," states the Weather Service. "If traveling, be prepared for rapidly changing road conditions and visibilities."

Stafford Town Board refuses to release copies of preliminary budget prior to public hearing

By Howard B. Owens

At Stafford's Town Board meeting on Monday night, members of the public who said they would like copies of the town budget were told they couldn't obtain copies until after the budget was approved by the board.

One member of the public, Cathy Worthington, said she tried to obtain a copy but was told she could only read the copy on file with the Town Clerk's office. She couldn't have a copy to take with her.

This appears to be contrary to New York's Town Law and New York's Freedom of Information Law.

The town's attorney, Mark Boylan, agrees.

"In general, documents retained by the town are public documents subject to FOIL unless they contain personal information," Boylan said.

He didn't want to comment further based on the discussion at Monday's meeting because he wasn't there, and it appears he was not consulted prior to the meeting.

Town Supervisor Robert Clement told meeting attendees that the board was following the law, an assertion supported by board member Ron Panek.

Worthington asked at the start of the public hearing, "Why couldn't we get a copy of that budget to look over leisurely? I had to come in and just sit and go through it. Why couldn't I have gotten a copy of that?"

Clement said, "The rules and regulations, I guess, didn't permit it."

Worthington: "I guess what rules and regulations? Because all the other towns give them out. Some even posted on their websites for people to look at. Could I get a copy now to look over?"

Panek: "When it's approved."

Worthington then pressed on with her questions about the budget.

Several minutes later, another citizen in attendance said, "there's no law that says you can't hand them (copies of the budget) out."

Panek then cited Section 108 of Town Law, saying, "'a copy of the preliminary budget is available at the office of the town clerk and may be inspected by any interested person during office hours,' so that's what we're doing."

That is what Section 108 says.

But Section 106 says, "The preliminary budget shall be filed in the office of the town clerk and the town clerk shall reproduce for public distribution as many copies as the town board may direct."

The town board, in accordance with the law, based on Worthington's experience in trying to obtain a copy of the budget, did not direct the town clerk to reproduce any copies of the preliminary budget for public distribution.

Also, the state's public record law, the Freedom of Information Law, makes all government documents public record, with members of the public guaranteed a right to obtain copies of those documents, except for a handful of narrowly defined exceptions.  A preliminary budget does not fall under any of those exceptions, and based on Town Law, the preliminary budget is expressly a public document.

The Batavian twice contacted the Town Clerk's Office on Tuesday to request a copy of the budget, which was approved by the Town Board on Monday, and did not get a response.

Worthington has multiple questions of the board during the public hearing -- noting she would have perhaps had fewer questions if she had been able to study the budget at home -- about various expenditures.

When asked what the new tax levy would be and what the tax rate would be, Clement said he didn't have those precise numbers. 

Panek said, "I recall some of the estimates Heidi came up with were over $1-- $1.12, $1.20 -- something like that."

The current tax rate, Worthington noted, is 89 cents per $1,000 assessed value.

During the board's regular meeting Monday evening, it unanimously approved the budget resolution.

The Batavian can't provide more information on The Budget since we weren't able to obtain a copy.

CORRECTION: The name of the board member who spoke at the meeting has been corrected.  The Batavian regrets the error.

New sculptures outside GO ART! emphasize art and shared humanity

By Howard B. Owens

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It says right on the building, "Arts Council," but GO ART! Director Gregory Hallock has been concerned that people don't realize that Seymour Place at 201 East Main St. is a place anybody can come in and see art.

"I think a lot of people don't see our sign, and a lot of people still think we're a membership club," Hallock said. "Yes, we have members but you don't have to be a member to come in."

His solution: Install some works of art -- in this case, sculptures -- in the garden plots in front of the red brick building at the corner of East Main and Bank streets in Batavia.

Hallock and the GO ART! staff had become familiar with the work of Bill Schutt from his showing at the Ramble, what's on display at Eli Fish Brewing Co., his entries into an art competition there, and knew he worked in metal, which seemed like the perfect medium for sculptures placed outside the building.

It might come as a surprise to some that Schutt is an artist.  The Basom resident has been a volunteer firefighter for 32 years and spent a dozen years working for either Genesee County Emergency Management or Mercy EMS.

He often tinkered around the house, working with metal, installing bookshelves or other useful items for the house, often embellishing whatever he made with artistic touches. A few years ago he became inspired to make sculptures using scrap metal on his property.

He's recently branched out into making larger pieces, so the commission from GO ART! came at an opportune time to expand his portfolio.

Schutt's pieces are about "our shared humanity," he said.

The first one is a riff on a popular social media meme about the difference between equality and equity. In the meme, three people of different heights are shown standing on boxes, trying to see over a fence to watch a baseball game.  They're all on the same size box.  The tall person can see, the smallest person can't see at all. That is equality, according to the meme. When the boxes are restacked, so the tallest has no box, the medium-height person has one, and the shortest has two, all three can see.  The meme labels that configuration, "equity."

The second sculpture is of people in silhouette. Their faces look the same but they're all different based on hairstyle and the jewelry they wear.

"It's kind of a reminder that we are more the same than we are different," Schutt said. "We need to celebrate our differences and find our common humanity.  Art does that. It brings together all walks of life."

Hallock loved the work, he said.

"I didn't know what he was going to do, and I'm pleasantly pleased with the pieces," Hallock said.  "The message of equity and unity is there."

Submitted photos.

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Accident reported on Route 33 near Horseshoe Lake Road

By Howard B. Owens

A motor vehicle accident with a possible head injury is reported on Route 33 just west of Horseshoe Lake Road, Stafford.

Stafford Fire and Mercy EMS responding.

UPDATE 10:14 p.m. A chief on scene reports two vehicles roadside and the bridge is "really icy."

Former Notre Dame basketball star wins MVP for UofR in Resler Tournament

By Howard B. Owens

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Callie McCulley, a former standout with Notre Dame in her high school basketball career, helped the University of Rochester to its second straight Chuck Resler Tournament Championship with a 55-44 win over #21 ranked Messiah University.

McCulley was named the tournament MVP after Saturday's win. On Friday, she set a school record for blocked shots in a game. 

After the first two games of her senior season, McCulley is averaging 9.5 points per game and 10.5 rebounds.

Her former ND Coach Tom McCulley said McCulley, from Le Roy, "has really been grinding to be a top player.  She was an Academic All-American last year."  He said UofR has a good shot at winning a berth in the NCAA Tournament this season.

For more on UofR's tournament win, click here.

Photo: File photo by Howard Owens from 2018. 

Byron-Bergen's first defeat in girls soccer comes in state semifinal

By Howard B. Owens

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The Byron-Bergen Bees went into Saturday's state championship semifinals in girls soccer with a track record of dominating opponents to the point of a more than 125-point differential on the season.

But they ran into a Sauquoit Valley team ready to play defense, rarely giving clear space to Mia Gray and Mackenzie Haegen, who each scored more than 40 points this season.

With 10 minutes left in the game, the Indians' Addison Lazarek scored her team's second goal, which held up to give Sauquoit Valley a 2-1 win in a game played at Cortland High School.

The Indians also struck first in the first half on a goal by Olivia Kalil.

A few minutes later, Emma Starowitz scored Byron-Bergen's only goal.

Sauquoit entered the game with two losses, while the Bees were undefeated.

For more on the game, visit UticaOD.com.

Photos by Kevin Smith/Cortland Voice

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Aggies win 35-7 over Alexander to capture Section V Class D title

By Howard B. Owens

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Neither team expected the outcome they got Saturday in the sectional title game for Class D in Brockport, a lopsided win for Oakfield-Alabama/Elba over Alexander 35-7.

"I don't think we were (expecting a lopsided win) either," said OAE Head Coach Tyler Winter. "You know, both teams being undefeated, both teams dominating each game that they've played up to this point. We weren't sure what to expect. The only thing that we knew going into (the game) is that one of us was going to get punched in the mouth early, and both teams were going to be uncomfortable."

The Aggies scored first and that seemed to set the tone of the game.

Trojans' Head Coach gave a frank assessment of his team's performance.

"We just kind of got behind early and never could dig out from it," Sawyer said. "Too many mistakes. We had a couple of bad snaps, and Oakfield-Alabama/Elba was opportunistic on penalties. We just couldn't keep our offense on the field. Defensively we need to tackle better if you're gonna tackle these Oakfield Alabama/Elba boys. So, just not a good day for us today."

Senior running back Noah Currier was the game's MVP.  He rushed 22 times for 156 yards and three touchdowns.  

Bodie Hyde also made all-team. He had 23 carries for 104 yards and a touchdown. 

Adding to the scoring was Connor Scott, who dashed into the endzone to close out OAEs scoring in the fourth quarter on an 11-yard run.

On defense, Hyde had eight tackles, a sack, and a forced fumble. Brayden Smith had nine tackles and a sack. T.J. Andrews had nine tackles. Kyle Porter had four tackles, a fumble recovery, and an interception.  Aiden Warner had eight tackles.

The Aggies held Alexander to 105 yards rushing and 14 yards passing.

For the Trojans, Tyler Marino led the team in rushing with 15 carries for 67 yards and a TD. 

OAE Held Alexander to 105 yards rushing and only 14 yards passing.  

Tyler Marino led the Trojans in rushing with 15 carries - 67 yards and 1 TD.  Woods was 2-7 passing for 14 yards and 1 int.

Defensively Kaden Lyons and Mason Bump led the Trojans with eight tackles each.

Coming out of half-time, Winter said he and his coaches felt they had set the pace in the first half and, with some adjustments, take over the game over the final two quarters.

"We thought in the second half, we could play with tempo a little bit, that we could just really put the exclamation point on this game and run away with it," 

The Aggies were up 14-0 at the half and scored three more touchdowns in the third and fourth quarters.

Currier wasn't surprised by the win.

"We knew coming into this game against Alexander, they're a tough team," Currier said. "They're physical. They're fast. But we knew we were better. We just had to come out and execute, do everything perfect. And we did. I think we did."

He thinks his team has something special that helped it deliver a big blow to the Trojans.

"We're bringing the heat every day in practice, every time we're in the game," Currier said. "I'll tell you why. We just have the energy. I mean everyone, not only me, but all 11 on each side of the ball, bring the energy. I think that's what makes us who we are."

Hyde said he was also confident coming into the game, especially coming off of last year's title win.

"You go back to back to the amount of success we had last year, we know what it takes to get back here and have success," Hyde said. "We put in a ton of work over the offseason with whether that's in the weight room, whether that's seven on sevens or 11 on 11 scrimmages in the middle of June at Batavia. We were working all offseason and we knew the work we put in would make us able to get back to this spot and become successful again."

Smith also pointed to weight room work as a key to the team's success.

"We were lifting all summer," Smith said. "My D line, they're strong, they're big, they're fast. They make a new line of scrimmage for us. We can free flow to the ball and we can meet them in the hall and we can take them back and get some TFLs (tackles for losses)."

Winter said all that off-season preparation pays off in the postseason.

"Once November rolls around, we know that that we're going to play our style and our type of game and finish the opponent," Winter said.

Next up for OAE is last year's far-west opponent, Randolf. Hyde, for one, thinks his team is ready.

"I think we can go a long way. I know, obviously, this is really good right now," Hyde said. "We're gonna celebrate this for the next few days, but Monday, it's back to work. We play a really good Randolph team that we know pretty well. We played them last year. They know us, so it's gonna be huge to get back to work and stay locked in to see how far we really can go with this team."

As odd as it might sound, Alexander's season is not over.  There are eleven sections in New York High School Athletics, so to ensure there are 12 teams available for the final brackets, the second-place teams from one section get to play a state tournament quarter-final.  This year, it is Section V's turn to send second-place teams to the quarter-finals. Alexander will represent Section V Class D in Albany next week.

That puts Coach Sawyer in a challenging position -- getting his team ready for another big game after a big defeat in a sectional title game.

"I hope this bothers our kids, it should you know, but on Monday, Monday is the start of a new week and we need to come back and fix a few things and move forward," Sawyer said. "We could sit here and be upset about this loss and waste the next opportunity, which is right here in front of us. I mean, we've got a game in six days and, yes, it's our first loss of the season so these guys haven't had this taste, you know what I mean? And but we'll come back strong and put a game plan together and go try to win out east."

Winter said going into the game, he knew could be in Sawyer's position so he has some advice for the Alexander squad.

"It's funny you say that because that's a perspective that we had to take a look at -- how does a coach pick their team up off the ground after a loss in the sectional files and say, 'Hey, we got to play,'" Winters said. "If their teams is built anything similar to our team, we love each other. We have a lot of fun. So although today might be really tough, and probably tomorrow as well, by the time Monday rolls around, let's say we're at least fortunate that we get to play another game. And if so, maybe they can even use us in the future as a potential motivator. I mean, they might see us again, and I'm sure that they want a different storyline to go with that."

Top four photos by Kristin Smith.  Top photo, game MVP Noah Currier.

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Brodie Hyde.

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Photos below by Philip Casper.

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Tyler Marino scores Alexander's lone touchdown in the fourth quarter.

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Alexander's all-team winner, Connor Thompson.

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Trent Wood.

The men and women who secured freedom honored in Veterans Day ceremonies throughout county

By Howard B. Owens

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Genesee County veterans gathered today at the locations and landmarks associated with the local men and women who served the nation in times of war and peace.

The ceremonies started at 9 a.m. at Genesee County Park, where former Assemblyman Dan Burling was the keynote speaker and he celebrated the freedom that the men and women who served helped secure.

"We just had an election yesterday," Burling said. "And though it may not appear to be everything that we want it to be, it was a free election. It was a free election that was guaranteed by the men and women who have served this country over the years, over many, many, many years and still served today."

Other ceremonies were held at the VA Hospital, the NY State Vets Home, the Soldiers and Sailors Monument (Upton Monument), Trigon Park, the War Memorial at Jerome Center, and GCC.

"We're all brothers and sisters," Burling told the veterans in Bethany. "We all served together and anyone who puts the uniform on, who puts their hand on the Bible and swears that they will defend this nation is a friend of mine and a friend of everyone, so I want to thank you all, all my friends."

Photos from Genesee County Park, the VA Hospital, and the Upton Monument.  Photos by Howard Owens.

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Dan Burling, middle.

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Frank Panepento, a teacher at Batavia Middle School, Nathan Korzelius, middle school principal, and Danielle Bergman, assistant medical director of the VA Center.  Middle school students made wood blocks with a patriotic etching as a gift for veterans at the VA Center.

 

Sale of Sweet Betty's building in Le Roy pending, with plans for restaurant and market-rate apartments upstairs

By Howard B. Owens

The closure of Sweet Betty's in Le Roy has opened up an opportunity for a pair of businessmen looking to bring back a family-style restaurant into the ground-floor space and convert the empty 4,500 square feet on the upper floors into market-rate apartments.

Dustin Beardsley, representing himself and his partner, Gabe Dean, presented the plan to the Genesee County Planning Board on Thursday night as part of the process to obtain a special use permit for the apartments.

Beardsley, who is from the Stafford/East Bethany area, and Dean, who lives out of state, already own a 10-unit apartment complex for college students in Brockport and see Le Roy as a great place to do business.

"We came across the space and thought it was a nice, interesting location in a great locale," Beardsley said. "Le Roy is a great location, kind of like a smaller booming little city. We're hopeful everything passes and then we can be part of that."

Sweet Betty's closed last month and the sale of the property by Gabrielle Keister to Beardsley and Dean is contingent on the partners obtaining the special use permit for the apartments.

Beardsley is a commercial contractor.

In the application for the project, Dean called the 4,500 square feet of space on the upper floors "a blank canvas."  

The plan is to construct three two-bedroom and one one-bedroom higher-end apartments.

"We have studied the market demand in the area; it is extremely high," Dean wrote. "We also own other rental properties in the local region and understand the need for housing. We feel this would be a great opportunity to provide four living spaces right in the heart of Le Roy on Main Street and in the commercial district, adding to the local economy."

Beardsley said they will seek a qualified operator for the restaurant space but are open to operating the restaurant themselves if necessary.

"Sweet Betty's was a nice spot for families," Beardsley said. "All of the families could go in there, bring their kids, it wasn't overly expensive and nobody has to dress up, so that's really our intention, to keep something along those lines."

With the county planning board's recommended approval in hand, the Le Roy Planning Board is expected to consider the application on Nov. 15.

Tractor Supply planning to move from the east side to the west side of Batavia

By Howard B. Owens

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For more than two decades, a 52-acre island of farm field behind Walmart and The Home Depot and off Lewiston Road has been designated for commercial development.

Tractor Supply is proposing a new store at 8727 Lewiston Road that will occupy 5.08 acres of the farm field, which is currently owned by the Call family and farmed by MY-T Acres.

The new store will replace the Tractor Supply store at 4974 East Main Street Road, Batavia.

Commercial real estate broker Tony Mancuso, who is assisting in the development of the project, said  Tractor Supply is looking to move into a larger, more modern, more efficient building.

"They rent that building," Mancuso said. "They will own this building."

Mancuso and his father were involved with developing Veterans Memorial Drive, starting with Walmart, so he knows the history of the property.

"This has been zoned for this kind of development for over 20 years," Mancuso said. "When we did the other development, we put a road roadway up by the highway to come behind Home Depot and down (to Lewiston). So this has been on the books for 20 years so it was the logical place to go."

The developer will be Hix Snedeker, with engineering by Dynamic Engineering with legal representation for the permitting process by Hopkins Sorgi & McCarthy.

The project was presented to the County Planning Board on Thursday night and the board voted unanimously to recommend approval of the project with the following modifications:

  • The applicant obtains a permit for the new road and intersection from the Department of Transportation;
  • The applicant completes a Stormwater Pollution Prevention Plan and obtains a Stormwater Permit from the Department of Environmental Conservation;
  • Given that the project is located in an archaeologically sensitive area, the applicant obtain a permit from the State Historic Preservation Office.

"With these required modifications, the proposed store should pose no significant county-wide or inter-community impact," the Planning Department said in its memo recommending approval with modifications.

The driveway into the project will take the same route as the planned roadway through the 105-acres of farmland and will be dedicated to the town so that it can eventually be part of the roadway that connects to Veterans Memorial Drive, coming out on the north side of The Home Depot. It will be up to the developer of any new commercial space on the remaining land to complete the road.

Mancuso said the same process was used when Walmart was built, with the start of Veterans Memorial Drive initially serving just Walmart.

Attorney Peter Sorgi said he expects the Calls to continue farming the undeveloped portion of the property, which they will continue to own.

The project will be considered by the Town of Batavia Planning Board at its regular meeting at 7 p.m. on Tuesday in the Town Hall.

With Tractor Supply vacating its location on East Main Street Road, it will add to the inventory of empty commercial buildings on the east side of town, which includes the former CountryMax location and the unoccupied gas station and convenience store on East Main.

Mancuso said not to worry.  He expects announcements soon about new tenants for those two vacant buildings and he already has two potential tenants interested in the Tractor Supply building.

"I don't like to see empty buildings either," Mancuso said. "So I'm trying to work it out as fast as I can."

 

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Dollar General's newest proposed store in Genesee County is in Byron

By Howard B. Owens

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There are six Dollar General stores in Genesee County, a seventh under development in Darien, and now an eighth planned for the Town of Byron.

The proposed location is at the northwest corner of McElver Street and Townline Road, just east of Byron-Holley Road in the hamlet of Byron.

Dollar General's purchase of the three parcels -- owned by the Byron Fire Department, Suzanne Fuller, and Suzies Byron Enterprises Inc. -- is contingent on town planners approving two variances necessary for the construction of the store.

The combined property would be less than an acre.

Griffiths Engineering of Binghamton is the project applicant on behalf of Dollar General.

The Genesee County Planning Board recommended approval of the application with the following modification: The developer receives a driveway permit from the Genesee County Highway Department.

The parcel would also be subject to address verification by the county's 9-1-1 system.

Cookie sale at St. James on Friday will benefit Ukraine

By Howard B. Owens

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The ladies of St. James Episcopal Church have been busy baking cookies to sell on Friday to benefit Ukraine. The sale at the church runs from 10 a.m. to 6 p.m. -- or until the cookies are all gone.

Submitted photo and information.

Grand Jury Report: Local man accused of stealing and trying to pawn what he stole

By Howard B. Owens

Andrew J. Draper is indicted on a count of falsifying business records in the first degree, a Class E felony. Draper is accused of signing a fraudulent bill of sale on June 22 at Pawn Kings on Veterans Memorial Drive in Batavia. He is also indicted on counts of criminal contempt in the first degree, a Class E felony, and harassment in the second degree, a violation.  Draper is accused of violating an order of protection and taking physical action against another person on June 17 at a location on Miller Avenue, Batavia.

Andrew A. Searight and Jerrotonia A. Scarbrough are indicted on two counts of aggravated cruelty to animals under Section 353-a(1) of the Agriculture and Markets Law, a felony.  Both are accused of intentionally killing and causing physical injury to two dogs on May 10.

Dustin M. Locicero is indicted on counts of falsifying business records in the first degree, a Class E felony, burglary in the third degree, a Class D felony, and petit larceny, a Class A misdemeanor. Locicero is accused of signing a fraudulent bill of sale at Pawn Kings on Veterans Memorial Drive, Batavia, on April 26.  He is accused of breaking into a garage on Broadway Road, Darien, on June 5 and stealing a power nailer, an orbital sander, and a battery charger.

Aaron T. Hendershot is indicted on two counts of criminal mischief in the second degree, a Class D felony, and one count of obstructing governmental administration. Hendershot is accused of damaging a City of Batavia patrol vehicle on Sept. 11 and of damaging the tires of a vehicle belonging to a local resident on Sept. 10. He is also accused of intentionally obstructing a public servant from performing an official function on Sept. 11.

Ajie J. Smith-Ezell is indicted on a count of assault in the second degree, a Class D violent felony. Smith-Ezell is accused of intending to cause serious injury to another person and causing serious injury to that person on March 12 in the City of Batavia.

Marcella F. Greene is indicted on a count of driving while impaired by drugs, a Class E felony, of reckless driving, a misdemeanor, and criminal possession of a controlled substance in the seventh degree. Greene is accused of being impaired by drugs while operating a 2003 Dodge on East Main Street and North Spruce Street, City of Batavia, on April 22.

John Saddler, Jr. is indicted on counts of aggravated family offense, a Class E felony, and criminal contempt in the second degree, a Class A misdemeanor. Saddler is accused of violating a court order at 2:33 p.m. on July 10 in the City of Batavia.

Todd A. Kendall is indicted on a count of failure to verify as a sex offender, a Class E felony. Kendall, a registered Level 2 sex offender, is accused of providing a current photograph of himself to authorities in a manner and within a time period required by law.

John C. Hoogasian is indicted on a count of grand larceny in the third degree, a Class D felony. Hoogasian is accused of stealing a 2018 Chevrolet Silverado pickup truck from a location on Oak Orchard Road, Elba, on Sept. 29, 2021. He is also indicted on a count of bail jumping in the second degree, a Class E felony. He is accused of failing to appear in Town of Oakfield Court as ordered as part of a criminal proceeding.

Arthur J. Brown is indicted on a count of failure to register a change of address as a sex offender, a Class E felony. Brown is accused of failure to register a change of address within the required 10 days as a registered sex offender.

Ledeja K. Wright is indicted on counts of burglary in the second degree, a Class C felony, criminal mischief in the third degree, a Class E felony, and criminal tampering in the third degree, a Class B misdemeanor. Wright is accused of entering a residence on Holland Avenue, Batavia, on June 15 with the intent to commit a crime inside the residence. Wright is accused of damaging a television and stereo inside the residence. Wright is also accused of damaging property of another person with the intent to cause substantial inconvenience to another person.

Jeffrey D. Hall is indicted on a count of sexual abuse in the first degree, a Class D violent felony. Hall is accused of subjecting another person to sexual contact by forcible compulsion on May 24 at a location in the City of Batavia.

Joseph D. Krug is indicted on a count of grand larceny in the fourth degree, a Class E felony. Krug is accused of stealing property with a value exceeding $1,000 from a location in the Town of Batavia on Feb. 16.

Jamie M. Cyr is indicted on a count of promoting prison contraband in the first degree, a Class D felony. Cyr is accused of possession of suboxone while confined to the Genesee County Jail on April 16.

Rotary takes a shot at helping local hockey players score more goals

By Howard B. Owens

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Hockey players in Batavia have a new learning tool, one that Marc Staley, head coach of Batavia United, said will help younger players improve their technique and help the high school team get more proficient in its play.

Batavia Rotary Club gave a gift of a computer and large-screen monitor for players and coaches to review practices and games at the David M. McCarthy Memorial Ice Arena.

"It's an amazing gift by Rotary," Staley said. "It's obviously a pretty expensive piece of equipment, but it puts our local organization and certainly our high school program on par with anyone now in terms of having technology and ability to help these kids develop."

Staley said he's hoping youth coaches will use it to help members of their squads improve how they skate as hockey players.

"It's more technical -- how does your stride look? How's your head position, your knee, bend of your stick?" Staley said. "I mean, all those things when they can see themselves, it's a really impactful teaching tool than just telling a kid, you got to bend your knees, they don't get it, right? So this is something that right after practice, coaches can come off the ice and say, This is what I was talking about. So that's awesome."

For the high school team, which is used to reviewing a lot of film anyway, they now have a location right at their practice site to do it so the review is better synchronized with the practice.

"In particular, where we might run the power play for a couple of minutes then bring them right off, let them watch immediately what they did," Staley said. "Here's where you could have more poise. Here's the back door that's open. Here's where we need more movement. And then they get back on the ice and it can happen in some training. It just speeds up that learning curve for kids instead of waiting two days later when we can get the guy to the high school and they go, 'oh yeah, I remember that.'"

Photo: Marc Staley, head coach of Batavia United, Marlin Salmon, Batavia Rotary Club president, and John Kirkwood, assistant coach. Photo by Howard Owens.

Alexander MS/HS presents Little Women: The Musical

By Howard B. Owens

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Alexander Middle School/High School presents Little Women: The Musical on Thursday at 7 p.m. and Saturday at 2 and 7 p.m.

All performances will be in the Alexander District Auditorium and admission is free.

There will be concessions sold at intermission.

Students from 7 to 12 will perform, as well as work backstage, on lights and sound and playing with the orchestra.

The director and choreographer is Batavia resident Jacqueline Morrison. Mark Hoerbelt is the vocal music director and Drama Club advisor. Joe Paris is the set designer. Loretta Stratton is the costume designer.

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