batavia

Local landlord Terry Platt has brought an Article 78 action against the City of Batavia over a planning committee's denial of his application to open a rooming home on East Main Street, and the Erie County judge presiding over the case indicated in court today he leans in favor of Platt's side of the case.

When Larry O'Connor, representing the city's insurance company, told Judge John Curran that he thought the case was straightforward, Curran responded, "I think it is straightforward and you're running up hill."

O'Connor said he got that feeling after listening to Curran pepper Platt's attorney, Michael Perley, with questions about how the case should be decided.

Platt sought approval from the city in May for a rooming house at 316 E. Main St. and several neighbors came to a meeting of the Batavia Planning and Development Committee and objected to the plan.

The committee voted to deny Platt the necessary approval for the project.

In the Article 78 action, Platt's attorney argues that the proposed use is both allowed by existing zoning, fits the mixed use nature of the neighborhood and could not be denied on any legal basis.

O'Connor said the committee had the authority to deny the application based on the city's Comprehensive Master Plan.

That, however, raises what Perley characterized as a "fatal defect" in the city's case -- there's no proof on the record that the city ever formally approved its master plan.

O'Connor did not provide proof of plan approval prior to arguments in the case and Curran said the record is now closed. O'Connor said, however, he could provide proof of an approval. (Outside of court, O'Connor said Curran could "take judicial notice" of the approval, even if it's not part of the record).

Perley said the city couldn't produce a copy of the master plan when Platt issued a FOIL request for the document earlier this year.

A copy was found and it is now part of the case.

City Manager Jason Molino confirmed later in the day that the City Council did ratify the master plan Feb. 25, 1997. Molino could not comment further on the case.

According to the discussion in the Erie County courtroom of Curran today, Curran must weight the role of the master plan in the committee's decision, whether the master plan gives the committee the authority to reject Platt's application, and whether he should take the extreme step of overturning the decision of a group of community volunteers over a zoning issue.

Curran spent a lot of time asking the attorneys questions about how they propose he decide the case.

"The property is properly zoned?" Curran asked.

"Correct," said Perley.

"There's no defect in the application?"

"Correct."

"There's no request for a variance?"

"There's no need for a variance."

"There's no request for a change in zoning?"

"No."

"There's is no need for a special-use permit?"

"No."

"Both you and Mr. O'Connor have experience in municipal law," Curran said. "You and I both know a lot of municipal law. If I run a (report) for special-use permit legal cases to come up with standards or if I run it for variances to come up with a standard, we know what I'll find. What do I run for this one?"

"The standard you apply is whether or not this decision was arbitrary and capricious," Perley said. "How does the committee deny an application that is proper for the property before it without misapplying the zoning law?"

O'Connor argued that the denial was consistent with the master plan, and Curran honed in on the section that says the permitted uses of buildings on that section of East Main Street (zoned C1, which is mixed use) includes professional offices, small restaurants and other small businesses, but says nothing about single-family residences, so how can the city argue that it wants to preserve the historic nature of the single-family residences?

The master plan as a whole is about preserving and enhancing current single-family residences, O'Connor told Curran.

"This is an area of single-family homes along with limited commercial use," O'Connor said. "The city wants to preserve the integrity and character of that area."

Then Curran laid out his underlying frustration: Neither attorney had filed a memorandum of law.

Such memorandums are often filed by attorneys to provide a judge with their views of how the law and prior legal precedents apply to a particular case.

Perley said he wrote such a memorandum and was surprised it hadn't been filed with the case. Since O'Connor hadn't received such a memo, he hadn't written a response.

Curran agreed to give both attorneys time to file such memos and continued the case to Jan. 30.

The options before Curran include: upholding the committee's decision; overturning the decision and permitting Platt to open the rooming house; or overturning the committee's ruling but ordering the committee to reconsider its decision.

The 42nd Annual Chamber of Commerce Awards are getting a bit of a makeover this year with no general Business of the Year honoree and a complete skip of Innovative Enterprise of the Year -- even with a qualified nominee in the mix.

Much like last year, there are two winners for Geneseean of the Year, with awards going to Laurie Mastin, of Pavilion, and Timothy Michael Adams, of Stafford.

Rather than Business of Year, the chamber is honoring a Service Business of the Year, Alex's Place, and Retail Business of the Year, Adam Miller Toy & Bicycles.

The Agricultural Business of the Year is Bonduelle USA, Inc., of Bergen and Oakfield.

The Bergen Business and Civic Association is receiving special recognition with a Special Service award.

Nominated by The Batavian for Innovative Enterprise of the Year was Insource Urgent Care, but no award was given in that category for 2013.

While Insource has transformed the urgent care business through innovative use of telemedicine and cooperative arrangements with doctors and specialists from throughout the region, greatly reducing the cost of care for patients, the Batavia-based company was bypassed by the awards committee. 

It's not unprecedented for the chamber to hand out awards with different titles than previous years or what was on nomination forms.

The awards dinner is Feb. 22 at the Clarion Hotel, Park Road, Batavia. Tickets are $50 or a table of 10 for $450. Hors d'oeuvres are at 5:30 p.m. followed by entree tables (no formal sit down dinner). There is a cash bar. The awards program starts at 7 p.m., which will include coffee and dessert.

Call Kelly Bermingham at 343-7440, ext. 26, to make reservations.

City firefighters gave out 25 brand-new, American-made coats to children at the Agri-Business Child Development Center on Brooklyn Avenue yesterday. This is the first year City fire participated in this national program, which is part of Operation Warm and Firefighters Coats for Kids.

Information and photos submitted by Adam Palumbo.

Masons are making good progress on the new enclosure for commercial garbage cans in the parking lot off School Street, near Center.

The city used $20,000 from a state grant and the Business Improvement District put up $10,000 to construct the enclosure.

With a bachelor’s degree in communications, a record of community involvement and eight years experience in advertising, Batavia native Leanna Di Risio knew when the Vibrant Batavia Community Organizer position came along, it was the perfect fit.

While Di Risio worked for the Genesee Valley PennySaver, she volunteered for the Business Improvement Distirct, and that really opened her eyes to community involvement.

“The first event I took part in was the Taste of Fall Wine Walk, which has become a well-known event for Downtown," Di Risio said. What made that event so worth the effort as a volunteer was seeing the streets filled with people; people who were going from business to business. This created a feeling of exhilaration, just to know that I was a part of making this event possible and it was successful, as it was well attended.”

Vibrant Batavia is a group of dedicated volunteers; both business owners and residents who wish to help Batavia realize its "vibrant" potential.

The City of Batavia and Vibrant Batavia, in partnership with NeighborWorks Rochester, hired the 1998 Batavia High School graduate for the job in community relations. The 34-year-old is paid by Vibrant Batavia, which was given $45,000 from the city to hire a coordinator and plan neighborhood events and the city’s upcoming centennial celebration.

Di Risio was one of six candidates interviewed by a group of city leaders including City Manager Jason Molino and Pastor Marty Macdonald of City Church.

“Leanna was chosen for the position because of her 'can-do' attitude," Molino said. "She brings an excellent work ethic to community development efforts in the City and she’s a natural people person. Working in neighborhoods with residents and business owners requires you to have a positive attitude and genuine interest in what people are telling you. Leanna has interest in the residents of this community and wants to be a part of making this community a better place for everyone.”

Although Di Risio has the education and background to lead the way in community revitalization, during college she did not see herself coming back to live in her small hometown. She was attending Buffalo State College where she was planning to become an elementary school teacher.

“In the course of my experience in a classroom, I realized that it was more than just playing games and doing projects with kids, which was what I desired," Di Risio said. "At that point I gave all of my past teachers MUCH credit for doing what they did and retired the idea."

During this time her mother passed away at the young age of 45 and she came back home to help care for her 8-year-old brother. She transferred and commuted to Brockport State College, where she received her degree in communications.

Di Risio currently lives in Batavia with her husband Dan and their two children: 9-year-old Vincent and 4-year-old Luciana. She is enthusiastic about her new position and has already had the opportunity to meet with many residents throughout the City for Coffee Talk events. The five Coffee Talk Events were successful and Di Risio was able to compile a list of ideas generated by residents through surveys, which are still available at http://vibrantbatavia.com/survey/.

“Leanna is strong on her way to fulfilling some of the objectives that the Vibrant Batavia Team had established based on City Council’s findings,” Macdonald said. “Leanna's passion is recognized in everything she does.”

The goal is to build upon neighborhood strengths and assets. With guidance from residents, Vibrant Batavia will highlight characteristics and unique personalities of each neighborhood in an effort to rebuild connections.

“In some cases, it is a matter of focusing on your own property, planting flowers, keeping up on regular maintenance of your home and then reaching out to help others," Di Risio said. "That could be as simple as helping an elderly neighbor shovel snow in the winter months or chipping in on maintaining a vacated lot by mowing the lawn so these properties represent the tidiness of the street. I have already begun to coordinate block parties, street clean-ups and community events to open the lines of communication between neighbors and make for a stronger neighborhood.”

Last weekend, Vibrant Batavia hosted a Fall Frolic Clean-up covering Bank Street, Tracy Avenue, Hart Street and North Street. The event was supported by Batavia Ramparts Squirt Travel Hockey Team, which Di Risio’s son plays on. Team members, as well as their parents, joined in the clean-up effort. Afterward Tracy Avenue residents Bob and Char Grimm hosted lunch, which was provided by Vibrant Batavia.

Vibrant Batavia is now working with Genesee Cancer Assistance to promote the Holiday Tour of Homes. The event will be held from 1 to 4 p.m. on Dec. 8 and includes six homes in Batavia. Interested participants can contact Di Risio at 585-738-7388 to purchase tickets and they will also be available the day of the tours at each of the homes.

Moving into the winter months, Vibrant Batavia will focus on community events, such as a sledding celebration at Centennial Park and having NeighborWorks Rochester lead community-wide forums to discuss the opportunities to further improve the community. Batavia residents can follow their efforts on Facebook and see upcoming events at www.vibrantbatavia.com.

The main campus building of Genesee Community College was evacuated after a fire alarm sounded. Campus security called dispatch to report the source was burnt toast inside the main campus. Town of Batavia Fire Department is responding.

UPDATE 10:54 a.m.: Firefighters report nothing showing from the outside. The burnt toast is said to be inside a second-story faculty break room.

UPDATE 10:56 a.m.: Command says responding units can continue, non-emergency mode.

UPDATE 11:23 a.m.: The town assignment is back in service.

Thomas Monte Carlo, 57, of Lewiston Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and leaving the scene of a property damage accident. Carlo was apprehended by Deputy Joseph Corona following a reported one-vehicle motorcycle accident at 7:23 p.m. Saturday on Lewiston Road, Basom.

Matthew James Florian, 25, of Slusser Road, Batavia, was arrested on a warrant related to an aggravated unlicensed operation charge. Florian was stopped by State Police on Route 5, Town of Batavia, and turned over to the Sheriff's Office on a warrant. Florian was jailed on $200 bail.

Michael Scott Vanburen, 46, of Alexander Road, Batavia, is charged with unlawful possession of marijuana, unsafe backing and consumption of alcohol in a vehicle. Vanburen was arrested after he reportedly backed his 2004 Pontiac GTO out of his driveway, across the road and into a ditch at 12:27 a.m. on Saturday.

Dana Lewis Toates, 19, of Roosevelt Highway, Hilton, is charged with unlawful possession of alcohol under age 21. Toates was reportedly a passenger in a vehicle stopped for a traffic violation and found to allegedly be in possession of alcohol.

Corey M. Vickers, 29, of Morrow Road, Pavilion, is charged with aggravated unlicensed operation, unlicensed operation and stopped on pavement. Vickers was charged after being observed by a Wyoming County deputy allegedly stopped on the roadway in the Town of Perry, outside of his vehicle, vomiting. Vickers' driving privilege was suspended after he allegedly failed to appear for a summons in the Village of Portville.

Alissa A. Fodge, 23, of Bergen, is charged with grand larceny, 3rd. Fodge was arrested by State Police in the Town of Barton for an alleged act reported Oct. 18. No further details released.

A donation fund has been set up to assist Candee McConnell, who lost her husband and had a portion of her house damaged in a fire last week.

Donations can be made at any Bank of Castile location in the name of Candee McConnell.

Candee and George McConnell were married for 25 years and were active in the SPCA. George was retired from the U.S. Postal Service and a World War II vet and avid baseball fan, according to his obituary.

For health reasons, George was unable to exit a second-floor bedroom of the McConnell's home on Davis Avenue after the fire broke out in that part of the house.

The back section of the house was heavily damaged.

Donations will assist Candee with various needs arising from the tragedy.

City firefighters got their hands on new extrication tools tonight that were acquired with a FEMA grant the department received in January.

The tools are manufactured by Holmatro and include a cutter, a spreader and two rams along with rocker panel support.

The grant was for $60,000 and the money as also used to purchase struts for building and vehicle supports.

Tonight's training was conducted by Tim Norris, a rep for Holmatro.

Capt. Craig Williams said the department reviewed equipment from six different companies and invited four of them in for a head-to-head competition.

What he likes about the Holmatro products, he said, is the tools are the only one on the market that cut and spread in three stages. When there's no pressure on the blades, they move easily. As they feel pressure, they clap down harder, and in the third stage, when extra pressure is needed to finish the cut, the tool delivers maximum pressure.

Also, Williams said, the tools can be hot swapped from their hydraulic lines, meaning the line doesn't need to be drained of pressure before trading out a tool for a particular job.

Shifts of firefighters will be training with the new tools over the next few days.

Holmatro rep Tim Norris, center, conducting training.

The lower apartment at 142 State St., Batavia, is reportedly filling with smoke.

City fire responding.

The occupants have been advised to evacuate.

Engine 11 is on scene with light smoke showing.

UPDATE 7:30 p.m.: Small fire in bathroom. Fire knocked out. Checking for extensions.

UPDATE 7:55 p.m.: City assignment back in service.

Town of Batavia Fire Department is responding to a stove fire at Alex's Place restaurant, located at 8322 Park Road. Darien's rescue truck is requested to stand by in quarters.

UPDATE 10:45 a.m.: Fire is out. The assignment is back in service.

• Able to integrate a menu that suits your company's special considerations while maintaining and enhancing the holiday spirit.
• Tasteful, classic, and elegant holiday decorations.
• Traditional Friday & Saturday nights available along with the increasingly popular weekday events.

Press release:

Community members, area businesses, ARC families and staff have donated more than 100 baskets for Genesee ARC’s 3rd Annual Chili & Chowder Fest and theme basket raffle.  The event is scheduled for Saturday, November 16 at the Genesee ARC Community Center, 38 Woodrow Road, and runs from 10 a.m. to 1:30 p.m.

“We have a wide range of themes this year ranging from movies and tools, to candles and restaurants and everything in between,” said Shelley Falitico, ARC Development Director and event chair.

With every $10 ticket, participants will have 25 chances to win, along with a chance to win one of two door prizes. There is a group of specialty baskets, valued at $50 or more with 10 tickets at $15. Featured specialty items include Sabres baskets with tickets and parking passes and a wheeled trash can full of cleaning supplies.

This year’s grand prize is a chest freezer that comes with gift cards to area grocers and meat markets, so the winner can fill the freezer. Grand prize chances are $2 each, 3 chances/$5.00 and 8 chances/$10.

A baked goods sale is also planned along with chili and chowder in bowls, to eat in or quarts to take home.

Winners need not be present. The drawings will begin promptly at 1:30 p.m. Funds raised will benefit disability services in our community.

New this year is a ticket-only sale on Friday, November 15 from 4:30 – 6:30 p.m.

“We know this is a busy time of year with a lot of weekend events,” Falitico said. “The Committee wanted to offer everyone a chance to win, even if they cannot attend the actual event."

Community members with questions may call Shelley Falitico at the Genesee ARC Community Relations office at (585) 343-4203, ext. 222.

In recent years, even on the first day of practice, Buddy Brasky said he was eager for go-time. He thought his teams were ready for their first regular season game.

This year, with six seniors graduating and a roster stocked with sophomores and juniors, it's going to take a little time to get the team into championship form.

"We've got to get better throughout the year," Brasky said following a practice at Batavia High School today. "We get a little bit better, a little better, a little bit better, and hopefully we peak by the end of the year. Where in the past couple of years we've been really good right from the beginning, I think it's going to take a little while this year."

The core of the starting squad appears to be Justice Fagan, a senior guard, and Jeff Redband, a junior forward whose clutch buzzer beater in last year's regional championship helped send the Blue Devils to the state championship semi-finals.

"We've got two really good players, two first-team, all-league type of players," Brasky said. "If we can get the guys around them to step up, yes, we can win the league title and then the next step from there is sectionals."

It's a little bit of a setback, Brasky said, that Redband is sitting out pre-season wth an injured ankle. He's already been sidelined for three weeks and is at least two weeks away from returning for action. He may not be ready for the opening tip-off.

Also missing a big chunk of practice time is starting senior guard Andrew Turner, who will miss the next 10 days of practice after suffering a mild concussion.

Brasky is also expecting a big contribution from sophomore forward Malachi Chenault, who made the varsity last year as a freshman.

Coming up from JV is that squad's second-leading scorer last year, guard Jerrett Laskett, a junior.

"These are good kids," Brasky said. "They listen. They're coachable. Our schemes are pretty complicated. Our defenses are not easy to pick up, so little by little, I see improvement every day. I'm pretty pleased with how they're working right now."

The Blue Devils, in Class A-II this year, opens the season Dec. 7 against Williamsville South at Niagara Falls HS. There are no home games scheduled before the Lions Tournament, Dec. 27 and Dec. 30 at Genesee Community College.

To purchase prints of photos, click here.

Two callers, one on Wood Street, report hearing the sound of a gunshot.

The sound was a single boom with a sustained echo (we heard it, too).

Batavia PD is responding to the area.

UPDATE 8:56  p.m.: A reader e-mails saying he heard what sounded to him like a 12-gauge shotgun in the area of Cherry/Wood/Jackson.

UPDATE (by Billie) 9:02 p.m.: An off-duty police officer told dispatch it sounded like a pop from a blown transformer. Subesequently, a police officer reported that people interviewed on Wood Street say the noise came from Cherry Street. Officers are now scouring the area of Cherry and Pringle Avenue to try and determine the cause of the sound.

UPDATE 9:11 p.m. (by Howard): An officer I spoke with over on Pringle said the sound I described sounds more like a wire arcing than a shotgun, especially since the sound has reportedly been heard over a wide area of the city, not just the Southside. He said a gunshot sound would not carry to such a wide area. Also, another caller reports seeing a bottle rocket in the area of Cherry and Liberty. One officer expresses skepticism that that was the cause and another recalls there were reports of fireworks from that area over the summer.

UPDATE 9:28 p.m.: Officers are clearing the call. "It's probably a power arcing issue," reports an officer. "Nothing else has been found."

With 25 years in the auto repair business -- a career that took him from mechanic to district manager and vp of operations for other people's businesses -- Steve Getty says he's found a place he wants to put down roots, in Batavia.

Getty has acquired a former oil change and auto repair location at 4003 W. Main St. and opened up Syd's Automotive.

"It feels really good to own my own business," Getty said, "especially being where I live."

Asked what will set his business apart, he said, "quality."

"Most companies in the industry I'm in focus on the fast," Getty said. "We'll be quality first, fast second. It's still a fast oil change, but you're getting a quality oil change, quality repair work."

Photo: Getty left with Scott Levensailor, who is also working in the shop.

A male claims he was chased by a trio of individuals on Jackson Street. He called police at the Kwik Fill gas station, at Jackson and Ellicott streets in Batavia, where officers met up with him to take him to his residence on Central Avenue. He described those who allegedly chased him as two black males and a black female.